Source: Michael C. Duff, St. Louis University Public Law Review, Forthcoming, Posted: June 29, 2020
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work stoppages have been on the increase during the last two years, the article considers when legal protection may be withdrawn from such concerted activities because employees repeatedly and unpredictably engage in them—so called “unprotected intermittent strikes.”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.
Source: Dan DiMaggio, Saurav Sarkar, Labor Notes, March 26, 2020
As the coronavirus spreads, more and more workers who are still on the job are taking action to defend their health and safety and demand hazard pay. Here’s a round-up. (For an earlier round-up, see “Organizing for Pandemic Time-Off,” Labor Notes, March 16, 2020.)
Source: Labor Notes, November 2019
From the introduction:
A good strike is an exercise of power, not just a rowdier form of protest. There is something you want, and a decision-maker who could give it to you but doesn’t want to. The point of the strike is to make it harder for this decision-maker to keep saying no—and easier for the decision-maker to stop the pain by saying yes.
For a private-sector employer, the primary way a strike exerts power is by hurting profits.
For a public-sector employer, it is by interfering with the normal functions of public service and creating a political crisis that elites must respond to.
It’s essential to carefully appraise all the forms of power, or leverage, the union can muster. Don’t hit the bricks without assessing what it will take to win.
Once your leverage is identified, you’ll have to do the organizing legwork to make it real. Leverage is only potential until you bring it to life. The union will rely on its own internal solidarity to remain united in the face of intimidation and to generate widespread solidarity from others. The advice in the rest of this manual is designed to build that internal and external solidarity.
But the best organizing in the world may fail to move your employer if you don’t start with a solid plan to win. That’s an analysis of how the actions by workers and supporters will add up to enough pressure to make the decision-maker back down.
Source: Helen Cregger, Denise Rappmund, Naomi Richman, Leonard Jones, Alexandra S. Parker, Moody’s, Sector In-Depth, September 17, 2019
Given enrollment declines, high housing prices, tighter labor markets and a growing proportion of legacy fixed costs, meeting teacher pay and staffing demands will continue to challenge districts, especially those with more constrained finances.
Source: Richard Schneirov, Studies in American Political Development, First View, September 11, 2019
From the abstract:
Since the 1980s, scholars have argued that during the Gilded Age urban party machines incorporated working people through the use of patronage, informal provision of personal welfare, and limited concessions, thereby eliminating sustained labor and Socialist Party alternatives and keeping workers’ militancy and assertiveness confined to the workplace. That view is challenged by a historical comparison of the policing of labor disputes in New York and Chicago. In New York, organized workers were eliminated from the governing coalition of the Swallowtail-Kelly regime that succeeded the Tweed Ring, and police routinely used coercion to defeat strikes and intimidate Socialists. In Chicago, however, labor and Socialists were part of the governing coalition of the Carter Harrison regime, and the police took a hands-off stance in many strikes. This article explores the contrast in policing and the balance of social forces in the two cities and seeks to explain the differences by examining the political settlements that concluded Reconstruction, the ethnic makeup of each city’s working classes, the different characteristics of each city’s labor movement, and labor’s ability to mount third-party challenges—all in the context of regional variations. It concludes that historians cannot assume that workers were incorporated into machines in this period.
Source: Daarel Burnette II & Madeline Will, Education Week, Vol. 38 Issue 36, Published in Print: June 19, 2019
More than a year after teachers across the country began walking out of their classrooms en masse to demand higher salaries, at least 15 states have given their teachers a raise.
And lawmakers in several more states are putting the final touches on plans to raise teacher salaries, according to an Education Week analysis…..
….Here’s what you need to know about each state’s plan (as of June 17) to raise teacher pay. (The average teacher salary for each state reflects the National Education Association’s estimate for the 2018-19 school year, which would not include these raises.)
Click a state in the dropdown to jump to that section: ….
Source: Jane McAlevey, Catalyst, Vol. 2 no. 3, Fall 2018
As the labor movement has begun to show signs of a revitalization, we excavate a volume, long consigned to obscurity, from an earlier era. As Jane McAlevey observes, even though almost a century has passed since its initial publication, Steuben’s book remains astonishingly relevant today — which speaks both to the enduring facts of employment relations in capitalism, as well as to the efficacy of Steuben’s strategic perspective.
Source: Denise Rappmund, Gera M. McGuire, Alexandra S. Parker, Moody’s, Issuer Comment, February 20, 2019
The agreement, which ended a three-day strike, calls for a $23 million bump in teacher compensation, which equates to 2% of the district’s fiscal 2018 budget. Despite lackluster growth in state aid, the district’s credit profile continues to improve with in-migration, a highly educated workforce and a rapidly expanding tax base….
Source: Steven C. Beda, The Conversation, February 6, 2019
It shut down a major U.S. city, inspired a rock opera, led to decades of labor unrest and provoked fears Russian Bolsheviks were trying to overthrow American capitalism. It was the Seattle General Strike of 1919, which began on Feb. 6 and lasted just five days.
By many measures, the strike was a failure. It didn’t achieve the higher wages that the 35,000 shipyard workers who first walked off their jobs sought – even after 25,000 other union members joined the strike in solidarity. Altogether, striking workers represented about half of the workforce and almost a fifth of Seattle’s 315,000 residents.
Usually, as a historian of the American labor movement, I have the unfortunate job of telling difficult stories about the decline of unions. However, in my view, the story of this particular strike is surprisingly hopeful for the future of labor.
And I believe it holds lessons for today’s labor activists – whether they’re striking teachers in West Virginia or Arizona, mental health workers in California or Google activists in offices across the world….
Source: Cal Winslow, Labor Notes, February 6, 2019
On February 6, 1919, Seattle’s workers struck—all of them. In doing so they took control of the city.
The strike was in support of 35,000 shipyard workers, then in conflict with the city’s shipyard owners and the federal government’s U.S. Shipping Board, which was still enforcing wartime wage agreements.
The strike rendered the authorities virtually powerless. There was indeed no power that could challenge the workers. There were soldiers in the city, and many more at nearby Camp Lewis, not to mention thousands of newly enlisted, armed deputies—but to unleash these on a peaceful city? The regular police were reduced to onlookers; the generals hesitated.
Seattle’s Central Labor Council, representing 110 unions affiliated with the American Federation of Labor (AFL), called the strike. The CLC’s Union Record reported 65,000 union members on strike—a general strike, the first and only of its kind in the U.S. Perhaps as many as 100,000 people participated…..