Through a Precarity Lens
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Rethinking Precarity and Capitalism: an Interview with Charlie Post
Rethinking Precarity and Capitalism | 247 Rethinking Precarity and Capitalism: An Interview with Charlie Post Jordy Cummings1 (JC): The theme of this year’s Alternate Routes is the “paradox of low-wage, no-wage work”, and there is a great deal of analysis of an allegedly new historical subject, “the precariat”. What do you make of this “paradox”? Is capitalism really that different in 2015 than it was 20, 30, 40 years ago? Charlie Post2 (CP): Capitalism is certainly different today than it was during the so-called “Golden Age” of 1945-1975. During those years, “full-employment” – unemployment below the “frictional” rate of 3-4 percent, the dominance of full-time work with unemployment insurance, health care, pensions and the like (provided by the state, private employers, or some combination) – was the norm. This “full-employment” model also included some measure of job security – either legal or contractual protections from arbitrary dismissal, etc. The “Golden Age” was, in my opinion, exceptional in the history of capitalism. It was the product of a combination of a long period of rising profitability (1933-1966) and a militant labor movement across the industrialized world. Workers had threatened the foundations of capitalist rule (France and Spain in the mid-1930s, France and Italy immediately after World War II, France in 1968, Portugal 1974-1975) or severely disrupted capitalist accumulation in mass strike waves in the mid-1930s, immediate post-war years and again between 1965-1975. Capital was forced to make major concessions to labor. The “full-employment” model and the expansive welfare state were the most important gains, giving workers unprecedented security of employment. -
Living on the Edge: Delineating the Political Economy of Precarity In
Living on the Edge: Delineating the Political Economy of Precarity in Vancouver, Canada Robert Catherall School of Community and Regional Planning, University of British Columbia ABSTRACT Canadian cities are in the midst of a housing crisis, with Vancouver as their poster-child. The city’s over- inflated housing prices decoupled from wages in the early aughts, giving rise to a seller’s rental market and destabilizing employment. As neoliberal policies continue to erode the post-war welfare state, an increasing number of Canadians are living in precarious environments. This uncertainty is not just applicable to housing, however. Employment tenure has been on the decline, specifically since 2008, and better jobs—both in security and quality of work, with more equitable wages—are becoming less and less common. These elements of precarity are making decent work (as defined by the ILO), security of housing tenure, and a right to the city some of the most pressing issues at hand for Canadians. Using Vancouver as the principal case study, the political economy of precarity is examined through the various facets—including socio-cultural, economic, health, and legal—that are working to normalize this inequity. This paper proceeds to examine the standard employment relationship (SER) in a Canadian context through a critique of the neoliberal policies responsible for eroding the once widely-implemented SER is provided to conclude the systemic marginalization experienced by those in precarious and informal situations must be addressed via public policy instruments and community-based organization. INTRODUCTION While the sharing economy, such as shared housing provider Airbnb, or the gig economy associated with organizations like Uber, Lyft, TaskRabbit, and Fiverr, conjure images of affordable options for travellers, or employment opportunities during an economic downturn, they have simultaneously normalized housing crises and stagnating wages for those who live and work in urban centres. -
The Struggles of Iregularly-Employed Workers in South Korea, 1999-20121
1 The Struggles of Iregularly-Employed Workers in South Korea, 1999-20121 Jennifer Jihye Chun Department of Sociology University of Toronto [email protected] November 25, 2013 In December 1999, two years after the South Korean government accepted a $58.4 billion bailout package from the International Monetary Fund (IMF), President Kim Dae-Jung announced that the nation’s currency crisis was officially over. The South Korean government’s aggressive measures to stabilize financial markets, which included drastic efforts to reduce labor costs, dismantle employment security, and legalize indirect forms of dispatch or temporary employment, contributed to the fastest recovery of a single country after the 1997 Asian Debt Crisis, restoring annual GDP growth rates to pre-crisis levels.2 While the business community praised such efforts for helping debt-ridden banks and companies survive the crisis, labor unions and other proponents of social and economic justice virulently condemned the government’s neoliberal policy agenda for subjecting workers to deepening inequality and injustice. Despite differing opinions on the impact of government austerity measures, both sides agree that the “post-IMF” era is synonymous with a new world of work. Employment precarity – that is, the vulnerability of workers to an array of cost-cutting employer practices that depress wage standards, working conditions and job and income security – is a defining feature of the 21st century South Korean economy. The majority of jobs in the labor market consist of informal and precarious jobs that provide minimal, if any, legal protection against unjust and discriminatory employment practices. Informally- and precariously- employed workers also face numerous barriers to challenging deteriorating working conditions and heightened employer abuses through the conventional repertoire of unionism: strikes, collective bargaining and union agreements. -
Restoring Equity in Right-To-Work Law
Restoring Equity in Right-to-Work Law Catherine L. Fisk & Benjamin I. Sachs* Introduction ..................................................................................................................... 857 I. Reading Section 14(b) ................................................................................................. 860 II. A Genuine Right to Be Nonunion .......................................................................... 866 III. Removing the Obligation to Represent Nonmembers for Free ...................... 874 Conclusion ........................................................................................................................ 879 INTRODUCTION Under United States labor law, when a majority of employees in a bargaining unit choose union representation, all employees in the unit are then represented by the union and the union must represent all of the employees equally.1 Twenty-four states, however, have enacted laws granting such union-represented employees the right to refuse to pay the union for the services the union is legally obligated to provide.2 Although the name prompts strong objection from union supporters, these laws are known as “right-to-work” laws. Right-to-work laws have been around for decades,3 but they have come to national prominence again as another round of states has enacted the legislation. Michigan—a state with relatively high levels of union density4—enacted a right-to- work statute in 2012, and Indiana became a right-to-work state in 2010.5 As a * The authors are, respectively, Chancellor’s Professor of Law, University of California, Irvine School of Law, and Kestnbaum Professor of Labor and Industry, Harvard Law School. Professor Fisk thanks Daniel Schieffer, and Professor Sachs thanks Ani Gevorkian for excellent research assistance. 1. National Labor Relations Act § 9, 29 U.S.C. § 159(a) (2012). 2. Right to Work Resources, NAT’L CONF. ST. LEGISLATURES, http://www.ncsl.org/issues -research/labor/right-to-work-laws-and-bills.aspx (last visited Sept. -
The Hidden Work of Challenging Precarity
THE HIDDEN WORK OF CHALLENGING PRECARITY KIRAN MIRCHANDANI MARY JEAN HANDE Abstract. This article explores the hidden work of workers employed in pre- carious jobs which are characterized by part-time and temporary contracts, limited control over work schedules, and poor access to regulatory protection. Through 77 semi-structured interviews with workers in low-wage, precarious jobs in Ontario, Canada, we examine workers’ attempts to challenge the precar- ity they face when confronted by workplace conditions violating the Ontario Employment Standards Act (ESA), such as not being paid minimum wages, not being paid for overtime, being fired wrongfully or being subject to reprisals. We argue that these challenges involve hidden work, which is neither acknowledged nor recognized in the current ESA enforcement regime. We examine three types of hidden work that involve (1) creating a sense of positive self-worth amidst disempowering practices; (2) engaging in advocacy vis-à-vis employers, some- times through launching official claims with the Ontario Ministry of Labour; and (3) developing strategies to avoid the costs of job precarity in the future. We show that this hidden work of challenging job precarity needs to be formally recognized and that concrete strategies for doing so would lead to more robust protection for workers, particularly within ESA enforcement practices. Keywords: Hidden Work, Employment Relationships, Employment Standards, Low-wage work, Precarity, Stratification. Résumé. Cet article explore le travail caché de ceux qui occupent des emplois précaires se caractérisant par des contrats à temps partiel et temporaires, un con- trôle limité de leurs horaires de travail et des lacunes en matière de protection réglementaire. -
Union Issues in the Solid Waste Industry
archive LittlerThis article recently appeared in the National Solid Wastes Management Association, September 2005. Union Issues in the Solid Waste Industry by Ronald J. Holland and Philip Paturzo Summary sentatives of employees for collec- rates above the national average. In tive bargaining purposes, and the contrast, states in the Southeast and Union membership in America has bargaining process itself. It also Southwest tended to have far less been in a downward spiral for the addresses recent strikes in the in- union density. past 50 years. However, this does dustry and the ways employers can not mean that the private solid prepare in advance to reduce the Given the steady decline in union waste industry can rest easy. Be- impact of a strike. Finally, the pa- membership throughout the coun- cause the type of work performed per looks at management initiatives try, the private solid waste industry by industry employees cannot be that should be used to reduce the should not be concerned about new sent abroad to reduce labor costs possibility that employees will seek organizing efforts, right? Wrong. and the nature of the business is union representation. recession-resistant, unions recently The Teamsters boasts that it rep- have targeted solid waste compa- Background resents over 25,000 private solid nies. Specifically, the International waste industry workers.2 And it is Brotherhood of Teamsters, the larg- Labor unions have existed in not content to stop there. In 2004, est union player in the field, has America since the 1800s. By the Teamsters President James P. Hoffa publicly vowed to unionize private mid-1950s, at the height of the la- said: “It is the priority of the Team- solid waste companies nationwide bor movement, roughly 35 percent sters Union to bring justice to solid and has expended significant re- of the American workforce was waste workers throughout the coun- sources to achieve that goal. -
1.3 Recent Board & Department of Labor Activity on Union Organizing
ABOUT THE AUTHORS Michael G. Pedhirney is a shareholder in the San Francisco office of Littler Mendelson, P.C., the largest U.S.-based law firm exclusively devoted to representing management in labor and employment law. Michael focuses on the representation of management in a broad range of labor and employment law matters, particularly collective bargaining and matters before the National Labor Relations Board (NLRB). In addition to appearing in state and federal courts and before the NLRB, Michael also represents employers in collective bargaining and handles arbitrations and mediations. Karen A. Sundermier, in her current role as a Knowledge Management Counsel for Littler, helped design Littler LaborSmart™, an interactive, online tool that allows in-house legal and labor relations professionals to access all of their company’s collective bargaining agreements in a structured, searchable database. The tool allows companies to swiftly identify and compare language for contract administration, grievance, and negotiation purposes. Prior to turning her focus to offering strategic and innovative legal service solutions, Karen represented employers in a broad spectrum of employment and labor matters and assisted employers with representation elections and collective bargaining as a Littler associate and in- house employment counsel. She currently serves as an editor for Littler’s publications on labor relations topics. © 2018 LITTLER MENDELSON, P.C. ALL RIGHTS RESERVED. i COVERAGE Scope of Discussion. This publication explains union election procedures and the NLRB’s role in overseeing elections. It also explores NLRB precedent on objectionable conduct by different parties that may result in election results being overturned. Also included is information concerning actions employers are permitted to take and are prohibited from taking in advance of and in response to union organizing drives. -
Collective Bargaining Agreement
COLLECTIVE BARGAINING AGREEMENT BETWEEN UNITED GOVERNMENT SECURITY OFFICERS OF AMERICA, INTERNATIONAL UNION AND UNITED GOVERNMENT SECURITY OFFICERS OF AMERICA LOCAL 161 AND AKAL SECURITY, INCORPORATED July 1,2011 through September 30, 2014 UGSOA IU, UGSOA Local 161 with Akal, 07.01.2011-09.30.2014 MISSION STATEMENT COURT SECURITY OFFICER • Ensure the safety of US Federal Courts, Protected Government facilities and their employees against unauthorized, illegal and potentially life-threatening activities. • Cadres of qualified and highly skilled officers perform this mission. CSO Goal & Vision Goal To conduct ourselves in a manner as to bring credit upon the Court Security Officer and Special Security Officer program and the United States Marshal Service at all times. Vision To be alert to all situations and events that take place and take necessary measures to prevent dangerous situations from happening. UGSOA IU, UGSOA Local 161 with Akal, 07.0l.2011-09.30.2014 2 ARTICLE 1 GENERAL PROVISIONS SECTION 1.1 PARTIES This agreement is entered into by and between Akal Security, Incorporated a New Mexico corporation, hereinafter referred to as the "Company" or "Employer", United Government Security Officers of America, International Union (UGSOA, IV), and UGSOA Local 161 (hereinafter referred to as the Union). The Company recognizes the Union as the sole and exclusive bargaining representative, of the bargaining unit for the purpose of collective bargaining as defined in the National Labor Relations Act. This agreement shall be binding upon all parties, their successor's and assigns. In the event of the sale or transfer of the business of the employer, or any part thereof, the purchaser or transferee shall be bound by this agreement. -
2013: 880 ULP Ex Dir Decision on Merits ILA 1694 1 V DSPC Work
STATE of DELAWARE PUBLIC EMPLOYMENT RELATIONS BOARD INTERNATIONAL LONGSHOREMEN’S ASSOCIATION, ) LOCAL 1694-1, AFL-CIO, ) ) Charging Party, ) ULP 12-11-880 ) v. ) Decision on the Merits ) DIAMOND STATE PORT CORPORATION, ) ) Respondent. ) Appearances Bernard N. Katz, Esq., Meranze, Katz, Gaudioso & Newlin, P.C. for ILA Local 1694-1 Scott A. Holt, Esq, Young, Conaway, Stargatt & Taylor, for Diamond State Port Corporation BACKGROUND The State of Delaware is a public employer within the meaning of 19 Del. C. §1302(p) of the Public Employment Relations Act, 19 Del.C. Chapter 13 (“PERA”). Diamond State Port Corporation (DSPC) is an agency of the State. DSPC operates the Port of Wilmington which is located in Wilmington, Delaware. The International Longshoremen’s Association, Local 1694-1, (“ILA”) is an employee representative within the meaning of 19 Del.C. §1302(i). By and through its affiliated Local 1694-1, the ILA is the exclusive bargaining representative of a bargaining unit of DSPC employees within the meaning of 19 Del.C. §1302(j). ILA Local 1694-1 and DSPC are parties to a current collective bargaining agreement 5805 which has a term of October 1, 2010 through September 30, 2013. On or about November 16, 2012, the ILA filed an unfair labor practice charge with the Public Employment Relations Board (“PERB”) alleging conduct by the DSPC in violation of §1307(a)(1), (3), (4), (5), (6) and (7).1 Specifically, the Charge alleges “sometime in 2010 or early 2011, the employer arranged to have certain bargaining unit work performed by a private contractor on the premises of Diamond State Port Corporation which was bargaining unit work.” Charge ¶4. -
The Grievance Procedure
The Path to Effective Handling of Grievances - Procedure and Practice Austin A. Gamey Gamey and Gamey Group Consultants in Conflict Resolution andLabour Relations P.O. Box CE 11787, Tema-Ghana Tel/fax 022-303432 Mobile: 0244-314193/020-8225187 Websites:www.gameyandgamey.com/www.adrdaily.com Email: [email protected] 1 Table of Contents FOREWORD ...........................................................................................................................4 Labour Act, 2003 (Act 651) .....................................................................................................4 Why the Law?........................................................................................................................4 Paradigm Shift .......................................................................................................................5 Grievance Handling................................................................................................................5 Introduction ..........................................................................................................................7 Definition of “Grievance” .......................................................................................................7 Time Limits ........................................................................................................................8 Benefits of a Grievance Process..............................................................................................9 Types of Grievances ..............................................................................................................9 -
Precarity: a Savage Journey to the Heart of Embodied Capitalism
10 2006 Precarity: A Savage Journey to the Heart of Embodied Capitalism Vassilis Tsianos / Dimitris Papadopoulos A. Introduction There is an underlying assumption to the current debates about class composition in post-Fordism: this is the assumption that immaterial work and its corresponding social subjects form the centre of gravity in the new turbulent cycles of struggles around living labour. This paper explores the theoretical and political implications of this assumption, its promises and closures. Is immaterial labour the condition out of which a radical socio-political transformation of contemporary post-Fordist capitalism can emerge? Who’s afraid of immaterial workers today? B. Immaterial labour and precarity In their attempt to historicize the emergence of the concept of the general intellect, many theorists (e.g. Hardt & Negri, 2000; Virno, 2004) remind us that the general intellect cannot be conceived simply as a sociological category. We think that we should apply the same precaution when using the concept of immaterial labour. This is the case especially when the studies which acknowledge the sociological evidence of immaterial work are increasing, such as research in the mainstream sociology of work which investigates atypical employment and the subjectivisation of labour (e.g. Lohr & Nickel, 2005; Moldaschl & Voss, 2003), or even conceptualisations of immaterial labour in the context of knowledge society (e.g. Gorz, 2004). A mere sociological understanding of the figure of immaterial labour is restricted to a simplistic description of the spreading of features such as affective labour, networking, collaboration, knowledge economy etc. into what mainstream sociology calls network society (Castells, 1996). What differentiates a mere sociological description from an operative political conceptualisation of immaterial labour – which is situated in co-research and political activism (Negri, 2006) – is the quest for understanding the power dynamics of living labour in post-Fordist societies. -
For the Global Emancipation of Labour: New Movements and Struggles Around Work, Workers and Precarity
Interface: a journal for and about social movements Call for papers Volume 3 (2): 478 - 481 (November 2011) Vol 4 (2): global emancipation of labour Call for papers vol 4 issue 2 (November 2012) For the global emancipation of labour: new movements and struggles around work, workers and precarity Issue editors: Alice Mattoni, Elizabeth Humphrys, Peter Waterman, Ana Margarida Esteves Once, the labour movement was seen as the international social movement for the left (and it was the spectre haunting capitalism). Over the last century, however, labour movements have been transformed. In most of the world membership rates have dwindled, and many act in defence of, or simply provide services to, their members in the spirit of interest or lobbying groups. Labour was once a broad social movement including cooperatives, socialist parties, women’s and youth wings, press and publications, cultural production and sporting clubs. Often it was at the core of movements for democracy or national independence, even of social revolution. Despite the rhetoric of “socialism”, “class and mass trade unionism” or, alternatively, technocratic “organising strategies”, most union movements internationally operate strictly within the parameters of capitalism and the ideology of “social partnership” (i.e. with and under capital and state). New labour organising efforts are increasingly moving beyond traditional trade union forms, dependence on the state or parties of the left, and have found new forms linked to ethnic or geographical communities, working women, precarious workers, migrants and other radical-democratic social movements. These changes may relate to the neoliberalisation and “globalization” of capitalism, and its result in restructured industry and employment.