Category Archives: Labor Unions

Collective Action Is How We Shake Ourselves Free of Pandemic Isolation

Source: Barbara Madeloni, Labor Notes, September 30, 2020

The pandemic has made me see more clearly why it works when workers get together to solve problems collectively.

With no public health system to access and a disorganized, inept, and neglectful response from the government, individuals have been cast out alone to deal with the pandemic. Decisions about working—and risking one’s health and safety—have become individual.

School districts have surveyed parents and educators, asking what individuals wanted for themselves. Unions that simply let members fill out their surveys alone reinforced the message: you are on your own, do what is best for you.

Which is why the contrast when workers come together to talk is so pronounced and powerful right now.

In Union, There is Strength: How Our Union Benefits Our Nonprofit’s Mission

Source: Juli Adhikari, Thomas Waldrop and Malkie Wall, Nonprofit Quarterly, September 22, 2020

…As nonprofit workers at a policy thinktank, we realize we are relatively shielded from some of the worst conditions that others face. And yet young workers like us, and especially those of us who are workers of color, face considerable market vulnerability. Without a union, many in our sector face long hours for low wages under the burden of sky-high rents and student loans. …

…So, what to take from our experience? If you are a staff member at a nonprofit, we encourage you to consider the benefits of organizing. In the past month alone, nonprofit workers have formed new unions at the Congressional Progressive Caucus Center, Feminist Majority Foundation, Scholars Strategy Network, New American Leaders, Innovation Law Lab, and The Hub Project. And just months ago, workers also unionized at the Washington Center for Equitable Growth.

And if you’re a nonprofit manager or board member, we encourage you to work with unions and workers as partners, not see unions as something to “avoid.” We are well aware that there is an entire union-busting industry out there. Certainly, it is possible for a nonprofit board to spend thousands or even tens of thousands of donor dollars on lawyers who will tell you to not voluntarily recognize the union and instead insist on a prolonged election process, and advise you on how to postpone the election date, reduce the number of people in the union, and even how to intimidate workers to vote against the union when an election is held. A nonprofit board and management can do this—but not without doing grievous harm against their social justice missions….

When Do Unions Matter to Social Policy? Organized Labor and Leave Legislation in US States

Source: Cassandra Engeman, Social Forces, Advance Articles, Published: July 29, 2020
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From the abstract:
Trade union institutions are historically and comparatively weak in the United States, and union membership has been in steady decline over several decades. Scholars thus question the contemporary relevance of organized labor to social policy. Yet, there is considerable state-level variation in social policy and union institutional strength that remains underexamined. Focusing on variability across US states, this paper uses mixed-methods analysis to examine relationships between organized labor and parental and family leave legislation under varying political conditions. Event history analysis of state-level leave policy adoption from 1983 to 2016 shows that union institutional strength, particularly in the public sector, is positively associated with the timing of leave policy adoption. These findings are robust to the inclusion of other factors, including Democratic control of state houses, which is also shown to facilitate leave policy adoption. Comparative case studies support event history findings and illustrate how state house partisanship informs the level of government that leave advocates target for policy change. The paper concludes by suggesting further attention to subnational policies and investigation into the social movement practice of target-shifting and its effects. Ultimately, the paper demonstrates the operation of power resources at the subnational level within a liberal market national context.

Why Public Sector Union Members Support Their Unions: Survey and Experimental Evidence

Source: Alexander Hertel-Fernandez, Ethan Porter, Social Forces, Advance Articles, Published September 7, 2020
(subscription required)

From the abstract:
Despite their decline, unions, and especially public sector unions, remain important civic and economic associations. Yet, we lack an understanding of why public sector union members voluntarily support unions. We report on a field experiment conducted during a 2017 Iowa teachers union recertification election. We randomly assigned union members to receive emails describing union benefits and measured effects on turnout effort (N = 10,461). Members were more likely to try to vote when reminded of the unions’ professional benefits and community—but not legal protections or political representation. A follow-up survey identified the specific aspects of professional identity and benefits that members most valued and why. In a context where union membership and support is voluntary among professionalized workers, our findings emphasize the possibility of training for fostering shared identities and encouraging support for public sector unions. Our results have broader implications for understanding the public sector labor movement in a context of legal retrenchment.

Mortality Rates From COVID-19 Are Lower In Unionized Nursing Homes

Source: Adam Dean, Atheendar Venkataramani, and Simeon Kimmel, Health Affairs, Ahead of Print, September 10, 2020
(subscription required)

From the abstract:
More than 40% of all reported coronavirus disease 2019 (COVID-19) deaths in the United States have occurred in nursing homes. As a result, health care worker access to personal protective equipment (PPE) and infection control policies in nursing homes have received increased attention. However, it is not known if the presence of health care worker unions in nursing homes is associated with COVID-19 mortality rates. Therefore, we used cross-sectional regression analysis to examine the association between the presence of health care worker unions and COVID-19 mortality rates in 355 nursing homes in New York State. Health care worker unions were associated with a 1.29 percentage point mortality reduction, which represents a 30% relative decrease in the COVID-19 mortality rate compared to facilities without health care worker unions. Unions were also associated with greater access to PPE, one mechanism that may link unions to lower COVID-19 mortality rates. [Editor’s Note: This Fast Track Ahead Of Print article is the accepted version of the peer-reviewed manuscript. The final edited version will appear in an upcoming issue of Health Affairs.]

The labor-busting law firms and consultants that keep Google, Amazon and other workplaces union-free

Source: John Logan , The Conversation, August 24, 2020

American companies have been very successful at preventing their workers from organizing into unions in recent decades, one of the reasons unionization in the private sector is at a record low.

What you may not realize is that a handful of little-known law and consulting firms do much of the dirty work that keeps companies and other organizations union-free….

New Labor Viscerality? Work Stoppages in the ‘New Work,’ Non-Union Economy

Source: Michael Duff, St. Louis University Law Journal, Forthcoming, Date Written: June 28, 2020

From the abstract:
The COVID-19 work stoppages involving employees refusing to work because they are fearful of contracting coronavirus provides a dramatic opportunity for newer workplace law observers to grasp a well-established legal rule: both unionized and non-union employees possess rights to engage in work stoppages under the National Labor Relations Act. This article explains that employees engaging in concerted work stoppages, in good faith reaction to health and safety dangers, are prima facie protected from discharge. The article carefully distinguishes between Section 7 and Section 502 work stoppages. Crucially, and contrary to Section 502 work stoppages, the health and safety-related work stoppages of non-union employees, protected by Section 7, are not subject to an “objective reasonableness” test.

Having analyzed the general legal protection of non-union work stoppages, and noting that work stoppages have been on the increase during the last two years, the article considers when legal protection may be withdrawn from such concerted activities because employees repeatedly and unpredictably engage in them—so called “unprotected intermittent strikes.” Discussing a recent NLRB decision, the article argues for an explicit and strengthened presumption of work stoppage protection for employees who are wholly unaffiliated with a union, even when those employees engage in repeated work stoppages in response to discrete workplace disputes or dangers.

Next, the article grapples with looming work stoppage issues emerging from expansion of the Gig economy. When workers are not “employees,” peaceful work stoppages may become increasingly subject to federal court injunction. The Norris-LaGuardia Act (the venerable 1932 federal anti-injunction law) does not by its terms apply to non-employees, possibly including putative non-employee Gig workers, raising the specter of a new era of “Government by Injunction.” Under existing antitrust law, non-employee workers may be viewed as “independent businesspeople” colluding through work stoppages to “fix prices.” The article argues that First Amendment avoidance principles should guide Sherman Act interpretation when non-employee worker activity does not resemble price fixing; and that, consistent with liability principles articulated in the Supreme Court’s recent opinion in Sessions v. Dimaya, antitrust law’s severe penalties should not be applied to Gig workers given the ambiguities in federal and state law employee definitions.

Finally, the article considers the potential for non-union private arbitration agreements exercising restraints on the NLRA rights of employees to engage in work stoppages in light of the Supreme Court’s labor law-diminishing opinion in Epic Systems.

Go Big or Go Home: The Case for Clean Slate Labor Law Reform

Source: Sharon Block, Berkeley Journal of Employment and Labor Law, Vol. 41 no. 1, 2020
David E. Feller Memorial Labor Law Lecture (April 11, 2019)
(subscription required)

….[A]s will come as no surprise to anyone, I have very grave concerns about the future of labor law. I am going to speak tonight about what I see as the overarching weakness in the law and what we need to do to fix it…..

The Invisible Web at Work: Artificial Intelligence and Electronic Surveillance in the Workplace

Source: Richard A. Bales, Katherine V.W. Stone, Berkeley Journal of Employment and Labor Law, Vol. 41 no. 1, 2020
(subscription required)

From the abstract:
Employers and others who hire or engage workers to perform services use a dizzying array of electronic mechanisms to make personnel decisions about hiring, worker evaluation, compensation, discipline, and retention. These electronic mechanisms include electronic trackers, surveillance cameras, metabolism monitors, wearable biological measuring devices, and implantable technology. With these tools, employers can record their workers ’ every movement, listen in on their conversations, measure minute aspects of performance, and detect oppositional organizing activities. The data collected is transformed by means of artificial intelligence (AI) algorithms into a permanent electronic resume that can identify and predict an individual’s performance as well as their work ethic, personality, union proclivity, employer loyalty, and future health care costs. The electronic resume produced by AI will accompany workers from job to job as they move around the boundaryless workplace. Thus AI and electronic monitoring produce an invisible electronic web that threatens to invade worker privacy, deter unionization, enable subtle forms of employer blackballing, exacerbate employment discrimination, render unions ineffective, and obliterate the protections of the labor laws.

This article describes the many ways AI is being used in the workplace and how its use is transforming the practices of hiring, evaluating, compensating, controlling, and dismissing workers. It then focuses on five areas of law in which AI threatens to undermine worker protections: antidiscrimination law, privacy law, antitrust law, labor law, and employee representation. Finally, this article maps out an agenda for future law reform and research.

Why unions are good for workers—especially in a crisis like COVID-19: 12 policies that would boost worker rights, safety, and wages

Source: Celine McNicholas, Lynn Rhinehart, Margaret Poydock, Heidi Shierholz, and Daniel Perez, Economic Policy Institute, August 25, 2020

From the summary:
What this report finds: The COVID-19 pandemic has underscored both the importance of unions in giving workers a collective voice in the workplace and the urgent need to reform U.S. labor laws to arrest the erosion of those rights. During the crisis, unionized workers have been able to secure enhanced safety measures, additional premium pay, paid sick time, and a say in the terms of furloughs or work-share arrangements to save jobs. These pandemic-specific benefits build on the many ways unions help workers. Following are just a few of the benefits, according to the latest data:

• Unionized workers (workers covered by a union contract) earn on average 11.2% more in wages than nonunionized peers (workers in the same industry and occupation with similar education and experience).
• Black and Hispanic workers get a larger boost from unionization. Black workers represented by a union are paid 13.7% more than their nonunionized peers. Hispanic workers represented by unions are paid 20.1% more than their nonunionized peers.