Category Archives: Labor Unions

Now Is a Good Time for Working People to Get Involved in Politics: An Interview with Liliana Rivera Baiman

Source: Meagan Day, Jacobin, September 27, 2019

Liliana Rivera Baiman is a member of the Democratic Socialists of America (DSA), a working mother, an immigrant, and a community and union organizer who’s running for city council in Columbus, Ohio.

Jacobin’s Meagan Day spoke to Baiman about the power of a city council to fight for workers and unions, Baiman’s experience growing up in a co-op village in Mexico, how the labor movement activated her politically, and what working-class people deserve…..

AFL-CIO Commission on the Future of Work and Unions

Source: AFL-CIO Commission on the Future of Work and Unions, Report to the AFL-CIO General Board, September 2019

….We present this report with fresh optimism that working people can and will build a future of work that works for all of us. But getting the job done requires more than engaging with innovation in the workplace. We must innovate ourselves, strengthen our unions, organize new ones and bring more workers into our ranks. The stakes are enormous. A system that fails to provide a decent standard of living for its people will not stand. So if technology and public policy continue to be used to further concentrate economic power in the hands of the wealthy few, our system of government and our way of life are in grave danger. But it doesn’t have to be that way. The labor movement can be inclusive enough and strong enough to raise living standards across the economy and ensure good jobs for everyone who wants to work.

This report is our plan to make that happen…..

Ballotpedia releases research on public-sector union membership

Source: Dave Beaudoin, Ballotpedia, Daily Brew, September 20, 2019

Nearly 50% of the country’s public-sector union employees are located in five states, according to a new Ballotpedia study released this week. This finding is based on data for 228 of the most prominent public-sector labor unions nationwide as selected based on media reports, consultation with local and state experts, and our own research efforts. In total, we counted 5,654,109 members in those 228 public-sector unions. Throughout 2019, Ballotpedia researched and analyzed the membership, finances, and political spending of public-sector unions. We’ll be sharing these findings in the weeks ahead in Union Station — our newsletter covering the latest developments in public-sector union policy.

Since it is nearly impossible to collect comprehensive data on membership of every public-sector union, we identified the most prominent public-sector unions in each state and determined their membership. This included state-level affiliates of national unions, such as the American Federation of Teachers, AFL-CIO, AFSCME, and the Fraternal Order of Police. ….

Among the 228 unions, these five states had the highest number of public-sector union members:

– California: 811,483 members belonging to six large unions—approximately 14% of the nationwide total.

– New York: 808,669 members belonging to five unions—14% of the nationwide total.

– Illinois: 342,518 members belonging to five unions—6% of the nationwide total.

– New Jersey: 324,750 members belonging to four unions—6% of the nationwide total.

– Pennsylvania: 324,411 members belonging to five unions—6% of the nationwide total…..

A Modest Blueprint for Representing Working People and Labor Unions in Fraught Times

Source: Jonathan Harkavy, Patterson Harkavy LLP, Date Written: September 9, 2019

From the abstract:
This article suggests approaches to dealing with the current anti-union climate in the American workplace. Building on examples of what union-side lawyers did when faced with the challenge of representing labor unions in Southern textile mills, the article makes a number of specific suggestions to counter what observers have termed a relentless assault on labor involving unchecked corporate power accompanied by income inequality and a decline in the well-being of working Americans. The article recommends, among other things, imposition of employer fiduciary responsibility for workers, a more clarion collective voice in the Supreme Court for working people, and increased use of state laws and federal antitrust laws to combat inequities in the workplace.

2019 Supreme Court Commentary: Employment Law

Source: Jonathan Harkavy, Patterson Harkavy LLP, Date Written: September 9, 2019

From the abstract:
This article summarizes in detail all decisions of the Supreme Court of the United States from its October 2018 Term (2018-2019) that affect employment law, labor relations, employment arbitration and the employment relationship generally. The article also provides commentary on each of the decisions and on the Supreme Court’s regulation of the employment relationship. The article also summarizes briefly the grants of certiorari in employment-related cases for the October 2019 Term and concludes with brief commentary on justice in the American workplace.

Alt-Bargaining

Source: Michael M. Oswalt, Law and Contemporary Problems, Vol. 82 no. 3, 2019

….The article proceeds as follows. Part II canvasses evolutions in organizing since the 1970s to show how innovations that start at the unionization phase don’t stay there. Corporate, comprehensive, and social movement advances all became mainstay bargaining strategies. While the present breakthrough, alt-labor, defies easy characterization, Part II tries based on its three exceptional relationships to law. Part III addresses the next question: when and how might alt-labor’s legal insights begin to reverberate in later stages of organizing. After identifying the existing echoes, I argue that time is now.

Part IV explores mechanics. Embedded in alt-bargaining’s three new legal orientations is a sophisticated understanding of interest formation that allows the campaigns to press for broad, “common good”-type community benefits with minimal outside conflict, minimal internal dissension, and—most critically— draw big crowds. In doing so, leaders use practices steeped in community-based activism that incorporate months of transformational political and relational education. As Gabe Winant has described, unions’ modern challenge is to get the nurse, custodian, fast-food worker—and, increasingly, Uber driver—to “understand their fates as intertwined.” The realities of “race, economic position, and social status,” can make the task feel intractable. Alt-bargaining’s approach suggests it’s not impossible.

Finally, Part V offers a vision of alt-bargaining’s ambitions, plus a slate of legal and structural reforms—especially the introduction of community “pool voting”—that might support them. Part VI briefly concludes…..

Blue Solidarity: Police Unions, Race and Authoritarian Populism in North America

Source: Mark P Thomas, Steven Tufts, Work, Employment and Society, OnlineFirst, July 26, 2019
(subscription required)

From the abstract:
With a focus on police unions in the United States and Canada, this article argues that the construction of ‘blue solidarity’, including through recent Blue Lives Matter campaigns, serves to repress racial justice movements that challenge police authority, acts as a counter to broader working class resistance to austerity and contributes to rising right-wing populism. Specifically, the article develops a case study analysis of Blue Lives Matter campaigns in North America to argue that police unions construct forms of ‘blue solidarity’ that produce divisions with other labour and social movements and contribute to a privileged status of their own members vis-a-vis the working class more generally. As part of this process, police unions support tactics that reproduce racialised ‘othering’ and that stigmatise and discriminate against racialised workers and communities. The article concludes by arguing that organised labour should maintain a critical distance from police unions.

PERB Addresses Need for Procedural Admonitions for Post Investigation Union Member Interviews

Source: William A. Diedrich, Neel Ghanshyam, and Marleen L. Sacks, Employee Relations Law Journal, Vol. 45, No. 1, Summer 2019
(subscription required)

From the abstract:
The authors of this article discuss a case that highlights the need for employers to conduct thorough, neutral investigations in any situation involving allegations where a union member accused of misconduct, or who files a grievance, has the right to an adversarial hearing.

For Public Employees, Speech Is Free, But Is Anyone Listening?

Source: Dina Kolker, Employee Relations Law Journal, Vol. 45, No. 1, Summer 2019
(subscription required)

In the current political environment many groups feel that “government” is not listening to their needs and issues, but most would be surprised to discover that the government has no legal obligation to listen to any of us. This legal “secret” is of particular import to the long-run wrestling match between the public sector labor movement and their right-wing opponents, where the so-called “right to work,” presented as a positive, often translates into the right to be ignored, a decided negative.

The “Right to Work” movement often touts its focus on empowering workers through the First Amendment. The name itself is designed to indicate a right to a job and implies some individual control over the terms of that employment. “Give yourself a raise,” and other variations of that sentiment, are declared on mass mailings targeting public employees in the wake of the Supreme Court’s decision in Janus v. AFSCME, overturning a four-decades old precedent that had permitted unions to collect fair share fees from nonmembers. The decision is praised by some as a win for worker free speech, but what does it mean for a public employee’s right to be heard? Anyone who has ever repeated the same request multiple times to a distracted child knows that there is a world of difference between speaking and being heard.

Indeed, the admittedly catchy invitation only thinly veils the reality of what was won and what was at risk of being lost in Janus. The mailing does not say call your boss and demand a raise higher than the one your union was able to negotiate for everyone in the last contract. Yet, individual negotiation of terms and conditions of employment is implicit (if not explicit) in the employee-facing rhetoric of Right to Work groups. The implication is that by turning down the volume knob on public sector unions you somehow inherently amplify the voices of individual workers. Nothing could be further from the legal — and practical — truth. The simple fact is that, absent collective bargaining laws, the government, neither as employer nor as sovereign, has any obligation to listen. In fact, government generally has no obligation to listen to any citizen, from the president on down…..

US Labor Studies in the Twenty-First Century: Understanding Laborism Without Labor

Source: Jake Rosenfeld, Annual Review of Sociology, Vol. 45, July 2019
(subscription required)

From the abstract:
In recent years, labor studies has flourished even as labor unions in the United States have continued their long-term downward trajectory. One strain of this research has situated the labor movement, and its decline, at the center of economic inequality’s rise in the United States. Another has explored the labor movement’s interconnections with political dynamics in the contemporary United States, including how labor’s demise has reshaped the polity and policies. This body of scholarship also offers insights into recent stirrings of labor resurgence, ranging from the teachers’ strikes of 2017 to the Fight for 15 minimum wage initiatives. Yet the field’s reliance on official union membership rates as the standard measure of union strength, and on official strike statistics as the standard measure of union activism, prevents it from fully understanding the scope and durability of worker activism in the post-Wagner age.