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“They Outlawed Solidarity!”*
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Seattle University School of Law: Digital Commons “They Outlawed Solidarity!”* Richard Blum** Neither slavery nor involuntary servitude . shall exist within the Unit- ed States, or any place subject to their jurisdiction.1 CONTENTS INTRODUCTION ..................................................................................... 984 I. LABOR RIGHTS AND THE PROHIBITION AGAINST INVOLUNTARY SERVITUDE…………………………………………………………….987 II. SECONDARY STRIKES AND NLRA ANTISTRIKE INJUNCTIONS ......... 989 A. Statutory Law ............................................................................... 989 B. Scenarios ...................................................................................... 991 C. Remedies ...................................................................................... 994 III. NLRB CEASE AND DESIST ORDERS AGAINST UNIONS AND THEIR MEMBERS .............................................................................................. 994 IV. ANTISTRIKE INJUNCTIONS IMPLICATE THE THIRTEENTH AND FIRST AMENDMENTS EVEN IF WORKERS CAN PERMANENTLY QUIT THEIR JOBS .............................................................................................................. 998 A. Quitting Individually v. Quitting Collectively .............................. 998 B. Quitting En Masse v. Striking ....................................................... 999 C. Secondary Strikes and the Pollock Principle ............................. 1003 D. -
The Legal and Political Implications of Placing Paid Union Organizers in the Employer's Workplace Victor J
Hofstra Labor and Employment Law Journal Volume 16 | Issue 1 Article 1 1998 Salting the Mines: the Legal and Political Implications of Placing Paid Union Organizers in the Employer's Workplace Victor J. Van Bourg Ellyn Moscowitz Follow this and additional works at: http://scholarlycommons.law.hofstra.edu/hlelj Part of the Law Commons Recommended Citation Van Bourg, Victor J. and Moscowitz, Ellyn (1998) "Salting the Mines: the Legal and Political Implications of Placing Paid Union Organizers in the Employer's Workplace," Hofstra Labor and Employment Law Journal: Vol. 16: Iss. 1, Article 1. Available at: http://scholarlycommons.law.hofstra.edu/hlelj/vol16/iss1/1 This document is brought to you for free and open access by Scholarly Commons at Hofstra Law. It has been accepted for inclusion in Hofstra Labor and Employment Law Journal by an authorized administrator of Scholarly Commons at Hofstra Law. For more information, please contact [email protected]. Van Bourg and Moscowitz: Salting the Mines: the Legal and Political Implications of Placin HOFSTRA LABOR & EMPLOYMENT LAW JOURNAL Volume 16, No. 1 Fall 1998 ARTICLES SALTING THE MINES: THE LEGAL AND POLITICAL IMPLICATIONS OF PLACING PAID UNION ORGANIZERS IN THE EMPLOYER'S WORKPLACE* Victor J. Van Bourg** Ellyn Moscowitz*** Mr. Chairman .... Thank you for Mr. Chairman, I rise to strongly the opportunity to speak today. I oppose H.R. 3246, mistakenly am here to discuss the serious called the Fairness for Small Busi- * This article was made possible, in part, by a summer research grant from Chapman Uni- versity School of Law, while Ellyn Moscowitz was an Associate Professor of Law there. -
Political Power of Nuisance Law: Labor Picketing and the Courts In
Fordham Law School FLASH: The Fordham Law Archive of Scholarship and History Faculty Scholarship 1998 Political Power of Nuisance Law: Labor Picketing and the Courts in Modern England, 1871-Present, The Rachel Vorspan Fordham University School of Law, [email protected] Follow this and additional works at: http://ir.lawnet.fordham.edu/faculty_scholarship Part of the Civil Rights and Discrimination Commons, and the Labor and Employment Law Commons Recommended Citation Rachel Vorspan, Political Power of Nuisance Law: Labor Picketing and the Courts in Modern England, 1871-Present, The , 46 Buff. L. Rev. 593 (1998) Available at: http://ir.lawnet.fordham.edu/faculty_scholarship/344 This Article is brought to you for free and open access by FLASH: The orF dham Law Archive of Scholarship and History. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of FLASH: The orF dham Law Archive of Scholarship and History. For more information, please contact [email protected]. BUFFALO LAW REVIEW VOLUME 46 FALL 1998 NUMBER 3 The Political Power of Nuisance Law: Labor Picketing and the Courts in Modern England, 1871-Present RACHEL VORSPANt INTRODUCTION After decades of decline, the labor movements in America and England are enjoying a resurgence. Unions in the United States are experiencing greater vitality and political visibility,' and in 1997 a Labour government took power in England for the first time in eighteen years.! This t Associate Professor of Law, Fordham University. A.B., 1967, University of California, Berkeley; M.A., 1968, Ph.D., 1975, Columbia University (English History); J.D., 1979, Harvard Law School. -
Gray, Neil (2015) Neoliberal Urbanism and Spatial Composition in Recessionary Glasgow
Gray, Neil (2015) Neoliberal urbanism and spatial composition in recessionary Glasgow. PhD thesis. http://theses.gla.ac.uk/6833/ Copyright and moral rights for this thesis are retained by the author A copy can be downloaded for personal non-commercial research or study, without prior permission or charge This thesis cannot be reproduced or quoted extensively from without first obtaining permission in writing from the Author The content must not be changed in any way or sold commercially in any format or medium without the formal permission of the Author When referring to this work, full bibliographic details including the author, title, awarding institution and date of the thesis must be given. Glasgow Theses Service http://theses.gla.ac.uk/ [email protected] Neoliberal Urbanism and Spatial Composition in Recessionary Glasgow Neil Gray MRes Submitted in fulfilment of the requirements for the degree of Doctor of Philosophy School of Geographical and Earth Sciences College of Science and Engineering University of Glasgow November 2015 i Abstract This thesis argues that urbanisation has become increasingly central to capital accumulation strategies, and that a politics of space - commensurate with a material conjuncture increasingly subsumed by rentier capitalism - is thus necessarily required. The central research question concerns whether urbanisation represents a general tendency that might provide an immanent dialectical basis for a new spatial politics. I deploy the concept of class composition to address this question. In Italian Autonomist Marxism (AM), class composition is understood as the conceptual and material relation between ‘technical’ and ‘political’ composition: ‘technical composition’ refers to organised capitalist production, capital’s plans as it were; ‘political composition’ refers to the degree to which collective political organisation forms a basis for counter-power. -
Going Karura Colliding Subjectivities and Labour Struggle in Nairobi's Gig Economy
Going Karura Colliding subjectivities and labour struggle in Nairobi’s gig economy Gianluca Iazzolino Firoz Lalji Centre for Africa, Department of International Development, LSE Centre of Socio-legal Studies, University of Oxford [email protected] [email protected] Accepted: 23-Jun-2021 Abstract Based on an ethnography of Uber drivers in Nairobi, my article explores practices of contestation of the gig economy taking place both in the digital and physical space of the city. It argues that the labour struggle against the price policies and the control mechanisms of ride-hailing platforms like Uber foreground the tension between a subjectification from above, in which the platforms construct the drivers as independent contractors, and the shaping of subjectivities through the interaction of the drivers with the digital platforms and with one another. It also suggests that, through contestation, as the one catalysed by the call to ‘go Karura’, logging-off from the app, the workers connect their struggle to a broader critique of processes of exploitation, dependency and subalternity involving the state and international capital. While contributing to the growing literature on the gig economy in low and middle-income countries, my article brings the labour geography scholarship exploring how workers collectively shape economic spaces in conversation with the intellectual tradition of Italian Operaismo (Workerism). In doing so, it highlights the nexus of labour subjectivity and collective agency as mutually constitutive. Introduction On the morning of the 2nd July 2018, about a hundred vehicles converged at the main intersections in downtown Nairobi, grounding the rush-hour traffic of the Kenyan capital to a halt. -
Restructuring the Socialist Economy
CAPITAL AND CLASS IN CUBAN DEVELOPMENT: Restructuring the Socialist Economy Brian Green B.A. Simon Fraser University, 1994 THESISSUBMllTED IN PARTIAL FULFULLMENT OF THE REQUIREMEW FOR THE DEGREE OF MASER OF ARTS Department of Spanish and Latin American Studies O Brian Green 1996 All rights resewed. This work my not be reproduced in whole or in part, by photocopy or other means, without permission of the author. Siblioth&ye nationale du Canada Azcjuis;lrons and Direction des acquisitions et Bitjibgraphic Sewices Branch des services biblicxpphiques Youi hie Vofrergfereoce Our hie Ncfre rb1Prence The author has granted an L'auteur a accorde une licence irrevocable non-exclusive ficence irrevocable et non exclusive allowing the National Library of permettant & la Bibliotheque Canada to reproduce, loan, nationafe du Canada de distribute or sell copies of reproduire, preter, distribuer ou his/her thesis by any means and vendre des copies de sa these in any form or format, making de quelque maniere et sous this thesis available to interested quelque forme que ce soit pour persons. mettre des exemplaires de cette these a la disposition des personnes int6ress6es. The author retains ownership of L'auteur consenre la propriete du the copyright in his/her thesis. droit d'auteur qui protege sa Neither the thesis nor substantial th&se. Ni la thbe ni des extraits extracts from it may be printed or substantiefs de celle-ci ne otherwise reproduced without doivent 6tre imprimes ou his/her permission. autrement reproduits sans son autorisatiow. PARTIAL COPYRIGHT LICENSE I hereby grant to Sion Fraser Universi the sight to Iend my thesis, prosect or ex?ended essay (the title o7 which is shown below) to users o2 the Simon Fraser University Library, and to make partial or single copies only for such users or in response to a request from the Zibrary of any other university, or other educational institution, on its own behalf or for one of its users. -
Configurations of Masculinity in the Pittston Coal Strike
POLITICSKAREN BECKWITH & SOCIETY Gender Frames and Collective Action: Configurations of Masculinity in the Pittston Coal Strike KAREN BECKWITH This article develops the concept of gender frame for understanding major transfor- mations in the collective action repertoires of social movements. Focusing on the United Mine Workers of America (UMWA) strike against the Pittston Coal Group (1989-90), the article discusses the UMWA’s traditional collective action repertoire and its innovation of nonviolent protest, widely employed during the strike. Inter- views with major activists and UMWA staff and officers illustrate how the UMWA employed a gender frame of mining masculinities to initiate the new nonviolent strike action. The article concludes by suggesting how collective action repertoires and framing are linked and encouraging future research on gender frames in social movements. “It is precisely the masculinity of mining as a task that gives gender its relevance.”1 Coal mining is one of the most male-predominant industries in the United States. The nature of the work—underground, dangerous, and physically demanding—has marked it as one of the most romantically “masculine” occupa- tions. The popular image of the coal miner is that of a man: brave, physically strong, militant, face blackened with coal dust, fiercely independent, anachronis- My work on comparative mining strikes owes much to my colleagues in political science, women’s studies, and labor studies. I have benefited from discussions with Sidney Tarrow, Lee Ann Banaszak, Chris Howell, Mary Fainsod Katzenstein, David Meyer, Eve Sandberg, Mary Margaret Fonow, Myra Young Armstead, Mary Collar, Eric Karolak, Greg Kaster, Paul Mishler, Ruth Needleman, and Ellen Todd. -
If Not Us, Who?
Dario Azzellini (Editor) If Not Us, Who? Workers worldwide against authoritarianism, fascism and dictatorship VSA: Dario Azzellini (ed.) If Not Us, Who? Global workers against authoritarianism, fascism, and dictatorships The Editor Dario Azzellini is Professor of Development Studies at the Universidad Autónoma de Zacatecas in Mexico, and visiting scholar at Cornell University in the USA. He has conducted research into social transformation processes for more than 25 years. His primary research interests are industrial sociol- ogy and the sociology of labour, local and workers’ self-management, and so- cial movements and protest, with a focus on South America and Europe. He has published more than 20 books, 11 films, and a multitude of academic ar- ticles, many of which have been translated into a variety of languages. Among them are Vom Protest zum sozialen Prozess: Betriebsbesetzungen und Arbei ten in Selbstverwaltung (VSA 2018) and The Class Strikes Back: SelfOrganised Workers’ Struggles in the TwentyFirst Century (Haymarket 2019). Further in- formation can be found at www.azzellini.net. Dario Azzellini (ed.) If Not Us, Who? Global workers against authoritarianism, fascism, and dictatorships A publication by the Rosa-Luxemburg-Stiftung VSA: Verlag Hamburg www.vsa-verlag.de www.rosalux.de This publication was financially supported by the Rosa-Luxemburg-Stiftung with funds from the Ministry for Economic Cooperation and Development (BMZ) of the Federal Republic of Germany. The publishers are solely respon- sible for the content of this publication; the opinions presented here do not reflect the position of the funders. Translations into English: Adrian Wilding (chapter 2) Translations by Gegensatz Translation Collective: Markus Fiebig (chapter 30), Louise Pain (chapter 1/4/21/28/29, CVs, cover text) Translation copy editing: Marty Hiatt English copy editing: Marty Hiatt Proofreading and editing: Dario Azzellini This work is licensed under a Creative Commons Attribution–Non- Commercial–NoDerivs 3.0 Germany License. -
Breaking the Spell
Praise for Breaking the Spell “Christopher Robé’s meticulously researched Breaking the Spell traces the roots of contemporary, anarchist-inflected video and Internet activism and clearly demonstrates the affinities between the anti-authoritarian ethos and aesthetic of collectives from the ’60s and ’70s—such as Newsreel and the Videofreex—and their contemporary descendants. Robé’s nuanced perspective enables him to both celebrate and critique anarchist forays into guerrilla media. Breaking the Spell is an invaluable guide to the contempo- rary anarchist media landscape that will prove useful for activists as well as scholars.” —Richard Porton, author of Film and the Anarchist Imagination “Breaking the Spell is a highly readable history of U.S. activism against neo- liberal capitalism from the perspective of ‘Anarchist Filmmakers, Videotape Guerrillas, and Digital Ninjas,’ the subtitle of the book. Based on ninety interviews, careful readings of hundreds of videos, and his own participant observation, Robé links the development of better-known video makers such as Videofreex, Paper Tiger Television, ACT UP and Indymedia with activist media makers among key protest movements, such as the League of Revolutionary Black Workers in Detroit, Oregon’s Cascadia Forest Defenders, the day workers of Voces Mobiles/Mobile Voices in Los Angeles, and the indigenous youth in Outta Your Backpack Media. Underscored by significant tensions of class, race/ethnicity, and gender among the groups and the videos discussed, Robé traces the continuing concerns -
Automation and the Meaning of Work in the Postwar United States
The Misanthropic Sublime: Automation and the Meaning of Work in the Postwar United States Jason Resnikoff Submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy in the Graduate School of Arts and Sciences COLUMBIA UNIVERSITY 2019 © 2019 Jason Zachary Resnikoff All rights reserved Abstract “The Misanthropic Sublime: Automation and the Meaning of Work in the Postwar United States” Jason Resnikoff In the United States of America after World War II, Americans from across the political spectrum adopted the technological optimism of the postwar period to resolve one of the central contradictions of industrial society—the opposition between work and freedom. Although classical American liberalism held that freedom for citizens meant owning property they worked for themselves, many Americans in the postwar period believed that work had come to mean the act of maintaining mere survival. The broad acceptance of this degraded meaning of work found expression in a word coined by managers in the immediate postwar period: “automation.” Between the late 1940s and the early 1970s, the word “automation” stood for a revolutionary development, even though few could agree as to precisely what kind of technology it described. Rather than a specific technology, however, this dissertation argues that “automation” was a discourse that defined work as mere biological survival and saw the end of human labor as the the inevitable result of technological progress. In premising liberation on the end of work, those who subscribed to the automation discourse made political freedom contingent not on the distribution of power, but on escape from the limits of the human body itself. -
Chapter 4: Cycles
127 Chapter 4 Cycles The Red Thread One red thread drawn from the great tangle of Marxist theory can guide us through the labyrinth of high-technology capitalism. This strand, often severed and nearly lost, yet constantly picked up by unlikely hands, goes by a variety of names. Because it traces the conflict between exploiters and exploited, it is often called `class struggle' Marxism; because it contrasts the vitality of living labour with the dead power of capitalist command it is sometimes known as `subjectivist' Marxism; recently, something close to this tradition has been termed `open' Marxism, because of it shows how the insurgencies of the oppressed unseal fixed sociological categories and teleological certainties.1 But whatever label is attached to it, the defining feature of this line of Marxism is its emphasis not just on the dominative power of capital, but on people's capacity to contest that power. As James O'Connor reminds us, this is a Marxism that owes at least as much to the passion of Romanticism as to the scientific Enlightenment.2 Theorists within this tradition understand capital's crises as arising not from the "internal barriers" to capitalist accumulation, but as a result of an "external barrier"--namely, the working class itself: Their focus is the condition of availability of disciplined wage labour, or capital's political and ideological capacity to impose wage labour on the working class.3 This is therefore a Marxism which insists that struggle is intrinsic to the capital-relation. It contrasts sharply with what Michael Lebowitz terms "one sided Marxism" that focuses on 128 the activity of capital and neglects the counter-activities of workers.4 Instead of seeing history as the unfolding of pre-given, inevitable and objective laws, the class-struggle tradition argues that such `laws' are no more than the outcome of two intersecting vectors-- exploitation, and its refusal in the constantly recurrent eruptions of fight and flight by which rebellious subjects seek a way beyond work, wage and profit. -
Social Factory”: on Women’S Work, Immaterial Labor, and Theoretical Recovery
Journeys in the Italian “social factory”: on women’s work, immaterial labor, and theoretical recovery David P. Palazzo, Hunter College, CUNY, [email protected] Prepared for delivery at the annual meeting of the Western Political Science Association, Las Vegas, NV, April 2-4, 2015. This is a work in-progress. Please do not quote without permission. Abstract This paper is about the location of women in the “social factory.” Their demand to be included in the class struggle derives from their development of this concept in the early 1970s. I provide an interpretation of their critique of the concept “immaterial labor” as developed in Hardt and Negri’s Empire trilogy, by examining the “social factory” as a historical category. I frame the discussion around initial formulations in Panzieri and Tronti as a useful heuristic for later depictions of the factory-society relation. In its simplest terms, these differences derive from an understanding of how “society” becomes a “factory.” This is, above all, a work of recovery by taking a journey into the workerist “social factory” in order to theoretically demonstrate the divergent paths and concerns that emerged from this group of thinkers around place of unwaged reproductive labor in “autonomous Marxism.” 2 It took years for the other subjects – men – to acknowledge the meaning of women’s denunciation – that is the immense feminine labor that went into reproducing them – and then for their behavior to change. Many remained deaf anyway… –Mariarosa Dalla Costa, Rustic and Ethical Introduction Social reproduction, reproductive labor, and the persistence of unwaged work pose specific problems for political theorists attempting to understand labor after the imposition of these categories by the “new women’s movement” some forty years ago.