Labor On Offense: Congress Introduces Bill to Make Union Organizing A Civil Right

Search form

Labor On Offense: Congress Introduces Bill to Make Union Organizing A Civil Right

Labor On Offense: Congress Introduces Bill to Make Union Organizing A Civil Right
Fri, 8/1/2014 - by George Zornick
This article originally appeared on The Nation

For years, the American labor movement has been on the defensive as it has become harder and harder for workers to join or maintain a union. But some House Democrats are planning a dramatic counter-offensive: a bill that would make union organizing a civil right.

Representatives Keith Ellison and John Lewis planned to introduce a bill Wednesday that would make labor organizing a basic freedom no different than freedom from racial discrimination. That sounds like a nice talking point – but this isn’t just another messaging bill.

The Ellison-Lewis legislation would amend the National Labor Relations Act to include protections found under Title VII of the Civil Rights Act to include labor organizing as a fundamental right. That would give workers a broader range of legal options if they feel discriminated against for trying to form a union.

Currently, their only redress is through a grievance with the National Labor Relations Board – an important process, but one that workers and labor analysts frequently criticize as both too slow and often too lenient on offending employers.

If the NLRA were amended, however, after 180 days a worker could take his or her labor complaint from the NLRB to a federal court. This is how the law works now for civil rights complaints, which gives workers the option, after 180 days, to step outside the Equal Employment Opportunity Commission process.

Then, workers would have sole discretion on whether to push a complaint, as opposed to relying on a decision by the NLRB on whether to forge ahead. Workers could also move the process along much faster than the NLRB handles complaints, which can often take years.

Ellison told The Nation that the legislation would also help workers recover more money – the NLRB will award back pay to a grieved worker minus whatever they earned while awaiting a decision, which can often amount to basically nothing. “[The NLRB] remedy, though useful and very important, and nothing in our legislation changes that, that remedy is considered slow and somewhat inadequate. For some of these union-busting law firms, [they] will say ‘so do it and we’ll just pay.’”

Ellison said he believes the labor movement needs to get back on the offensive. “With the Supreme Court in here, and what they just did in Harris v. Quinn and all the things they wrote about Abood, it’s insane to hope for the best,” he said, referring to the recent decision involving non-union public workers and their fee arrangements with unions. “I mean this Supreme Court is openly hostile to racial justice and worker justice simultaneously. So we better be moving out on both fronts.”

Ellison told MSNBC, which first reported the bill, that he got the idea from a book by Century Foundation fellows Richard Kahlenberg and Moshe Marvit, titled Why Union Organizing Should Be a Civil Right. They argue that the First Amendment’s right to free association should clearly include one of the most crucial forms of association – banding together to push back against unfair treatment from employers.

Marvit told The Nation he thinks treating labor organizing as a civil right is not only constitutionally appropriate but also much more appealing to the general public. “Civil rights is something that Americans really understand, and has a legitimacy that is sort of beyond reproach,” he said. “So when you put it in civil rights terms, it’s something that really speaks to people.” (In the interest of full disclosure, Marvit has written for The Nation in the past.)

“Frankly, I think Republicans have been saying it on the other side. That’s been the message of the National Right to Work Committee for sixty years, that workers have a civil right not to join a union,” Marvit continued. “And I think that’s been a successful argument for them. It taps into this notion of your freedom to choose.”

The Nation has learned that when Ellison and Lewis were to introduce the bill on Wednesday morning, they would boast eleven other original co-sponsors: Representatives Jerrold Nadler, John Conyers, Marcia Fudge, Barbara Lee, Mark Takano, Rush Holt, Eleanor Holmes Norton, Karen Bass, Danny Davis, Albio Sires and Janice Hahn. All of the co-sponsors are Democrats.

Major unions will also be on board. Both the AFL-CIO and the Change to Win coalition will back the bill, along with The United Food and Commercial Workers and the American Federation of State, County and Municipal Employees.

Joseph Geevarghese, deputy director of Change to Win, told The Nation that his union was joining the push “because union organizing has been maligned. Unions have been maligned in our society. There is a value in re-defining what all of these tens of thousands of brave workers are doing as, “We have a fundamental right to stand up and speak out about injustice in this country.’”

Originally published by The Nation

 

Article Tabs

The new 40-page report published by Oxfam International also said the global fossil fuel sector now receives $1.9 trillion in subsidies each year.

Edward Snowden

Snowden told the audience he engaged in civil disobedience because he believes the democratic system of government is not able to work when people don’t know what their government is doing.

Large corporations are the winners and taxpayers are the losers when transparency, accountability and the public interest are sold out to for-profit firms.

The city's social justice roots are centuries old – and today Seattle is also home to more than 70 social justice organizations and more than a dozen progressive film festivals.

Coinciding with the National Day Against Police Brutality and Mass Incarceration, people in Santa Rosa, Calif., will hold a vigil and community potluck Wednesday to commemorate the teen's tragic death.

“We wanted to take action to dramatize the betrayal of the American people and show that we will resist and attempt to disrupt or at least expose pro-corruption politicians' ability to raise big money.”

Posted 6 days 10 hours ago

Drug and device makers paid doctors $380 million in speaking and consulting fees over a five-month period last year – and saw a healthy return on their investment.

Posted 5 days 9 hours ago

As of September 19, 181 institutions and local governments and 656 individuals representing over $50 billion in assets have pledged to divest from fossil fuels.

Posted 5 days 9 hours ago

Florida has the highest foreclosure rate in the U.S. in the first quarter of 2014, and also has a "foreclosure king" who is now disbarred for his failure to oversee employees accused of carrying out wrongful foreclosures.

Posted 2 days 10 hours ago

So little of our national wealth is going to feed people or provide jobs and instead, the richest Americans vastly increased their wealth this past year. But what vaulted these individuals to the top?

Posted 6 days 10 hours ago

The California city of Rialto saw an 88% drop in claims of police misconduct within one year of officers wearing cameras.

The nation's richest family is funding nearly two dozen organizations working to roll back renewable energy policies, while pushing for regulations aimed at hindering the growth of rooftop solar power.

Punishing local cuts are leaving communities up in arms as the removal of vital school road patrol service – known as the lollipop ladies – could go into effect.

Coinciding with the National Day Against Police Brutality and Mass Incarceration, people in Santa Rosa, Calif., will hold a vigil and community potluck Wednesday to commemorate the teen's tragic death.

Florida has the highest foreclosure rate in the U.S. in the first quarter of 2014, and also has a "foreclosure king" who is now disbarred for his failure to oversee employees accused of carrying out wrongful foreclosures.

Sign Up