Building Social Movement Unionism
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Reconciling Collective Bargaining with Employee Supervision of Management
University of Pennsylvania Law Review FOUNDED 1852 Formerly American Law Register VOL. 137 NOVEMBER 1988 No. 1 ARTICLES RECONCILING COLLECTIVE BARGAINING WITH EMPLOYEE SUPERVISION OF MANAGEMENT MICHAEL C. HARPERt I. INTRODUCTION A. The Challenge of Industrial Democracy The realities of economic organization in modern industrial states pose a critical dilemma for all who care about democratic ideals. Tech- nological developments and attendant complicated divisions of work have enabled these states to transform their citizens' standards of living; such developments have also, however, brought hierarchical economic organizations' that are unresponsive to the influence of most individual employees. A society that claims to be democratic cannot ignore this t Professor of Law, Boston University. The author wishes to thank participants in faculty workshops at Boston University and Northeastern University law schools, as well as Thomas Kohler, for their comments on an earlier draft of this Article. I also wish to thank Lori Bauer for her research assistance. I I See M. WEBER, THE THEORY OF SOCIAL AND ECONOMIC ORGANIZATION 245-48 (T. Parsons ed. 1947). 2 UNIVERSITY OF PENNSYLVANIA LAW REVIEW [Vol. 137:1 condition.' Enhancing individuals' control over their own lives requires institutions that will facilitate democratic decisionmaking about eco- nomic production as well as governmental authority. This Article contributes to thought about such institutions by inte- grating two potentially conflicting strategies to mitigate modern hierar- chical -
Walkouts Teach U.S. Labor a New Grammar for Struggle
Walkouts teach U.S. labor a new grammar for struggle This article will appear in the Summer 2018 issue of New Politics. Like the Arab Spring, the U.S. “education Spring,” was an explosive wave of protests. State-wide teacher walkouts seemed to arise out of nowhere, organized in Facebook groups, with demands for increased school funding and political voice for teachers. Though the walkouts confounded national media outlets, which had little idea how to explain or report on the movements, for parent and teacher activists who have been organizing against reforms in public education in the past four decades, the protests were both unexpected and understandable. What was surprising was their breadth of support (state-wide), their organizing strategy (Facebook), and their breathtakingly rapid spread. For most of the far-Right, the West Virginia, Oklahoma, Kentucky, Arizona, and North Carolina walkouts showed greedy public employees exploiting their job security to get pay and benefits better than hard-working taxpayers have. However, teachers won wide popular support, even from Republicans, forcing the media-savvier elements of the Right to alter their tone. The American Enterprise Institute (AEI) posted a blog with a sympathetic tone pushing the same stance. “While teachers are justly frustrated by take-home pay, their total compensation is typically a lot higher than many teachers realize. That’s because teacher retirement and health-care systems are much more expensive than those of the taxpayers who pay for them — whether those taxpayers work in the private or public sector.” Shedding crocodile teachers for teachers who are underpaid and retirees without adequate pensions, AEI rejects the idea more school funding would help. -
GLOSSARY of COLLECTIVE BARGAINING TERMS and SELECTED LABOR TOPICS
GLOSSARY of COLLECTIVE BARGAINING TERMS and SELECTED LABOR TOPICS ABEYANCE – The placement of a pending grievance (or motion) by mutual agreement of the parties, outside the specified time limits until a later date when it may be taken up and processed. ACTION - Direct action occurs when any group of union members engage in an action, such as a protest, that directly exposes a problem, or a possible solution to a contractual and/or societal issue. Union members engage in such actions to spotlight an injustice with the goal of correcting it. It further mobilizes the membership to work in concerted fashion for their own good and improvement. ACCRETION – The addition or consolidation of new employees or a new bargaining unit to or with an existing bargaining unit. ACROSS THE BOARD INCREASE - A general wage increase that covers all the members of a bargaining unit, regardless of classification, grade or step level. Such an increase may be in terms of a percentage or dollar amount. ADMINISTRATIVE LAW JUDGE – An agent of the National Labor Relations Board or the public sector commission appointed to docket, hear, settle and decide unfair labor practice cases nationwide or statewide in the public sector. They also conduct and preside over formal hearings/trials on an unfair labor practice complaint or a representation case. AFL-CIO - The American Federation of Labor and Congress of Industrial Organizations is the national federation of unions in the United States. It is made up of fifty-six national and international unions, together representing more than 12 million active and retired workers. -
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. -
Revitalization Strategy of Labor Movements
<Abstract> Revitalization Strategy of Labor Movements Korea Labour & Society Institute 1. The stagnation of trade union movement is an international phenomenon. The acceleration of globalization and technological innovation, the expanding predominance of service industries in the economies of advanced industrialised countries and the concomitant shifts in the composition of employment, and the deepening of neoliberal policy climate in the context of economic slow-down, which have prevailed since the 1980s, have all contributed to the stagnation of trade union movement in most countries across the world. This phenomenon has been captured through such indicators as the decline in union density, the weakening of political and social influence, and decentralisation of collective bargaining have been, among others. The trade union movements in different countries have, however, since 1990s, developed and undertaken a variety of "revitalisation"strategies to wake out of the stagnation. The specific shape of the revitalisation strategy were informed by the specific nature of the challenge the unions faced, the characteristics of the industrial relations system in which the unions were constituted, and the historical identity individual trade union movement espoused. However, organising efforts, internal innovation, social partnership, strengthening of political campaign activities, and extension of solidarity with civil society and community networks have featured as common components in most of the varied strategies. The evidence of these common initiatives points to the existence of some common challenge that courses through the country-specific situations the trade union movements in different countries have found themselves in. This study examines the strategic responses of the trade unions in the selected countries have undertaken in the face of the challenges faced by the international labour movement. -
Negotiating the Crisis? Collective Bargaining in Europe During the Economic Downturn
Working Paper No. 10 International Labour Office Geneva Negotiating the crisis? Collective bargaining in Europe during the economic downturn Vera Glassner Maarten Keune With support from the European Union March 2010 Industrial and Employment Relations Department (DIALOGUE) Working Paper No. 10 Negotiating the crisis? Collective bargaining in Europe during the economic downturn Vera Glassner and Maarten Keune Industrial and Employment Relations Department International Labour Office • Geneva March 2010 Copyright © International Labour Organization 2010 First published 2010 Publications of the International Labour Office enjoy copyright under Protocol 2 of the Universal Copyright Convention. Nevertheless, short excerpts from them may be reproduced without authorization, on condition that the source is indicated. For rights of reproduction or translation, application should be made to ILO Publications (Rights and Permissions), International Labour Office, CH-1211 Geneva 22, Switzerland, or by email: [email protected]. The International Labour Office welcomes such applications. Libraries, institutions and other users registered in the United Kingdom with the Copyright Licensing Agency, 90 Tottenham Court Road, London W1T 4LP [Fax: (+44) (0)20 7631 5500; email: [email protected]], in the United States with the Copyright Clearance Center, 222 Rosewood Drive, Danvers, MA 01923 [Fax: (+1) (978) 750 4470; email: [email protected]] or in other countries with associated Reproduction Rights Organizations, may make photocopies in accordance with the licences issued to them for this purpose. __________________________________________________________________________________________ ILO Cataloguing in Publication Data Glassner, Vera; Keune, Maarten Negotiating the crisis? collective bargaining in Europe during the economic downturn / Vera Glassner and Maarten Keune ; International Labour Office. - Geneva: ILO, 2010 1 v. -
A Brief Introduction to the Saga of the Labor Movement for Emerging Militants
A Brief Introduction to the Saga of the Labor Movement for Emerging Militants This piece is the text of a talk given to the Democratic Socialists of America Lower Manhattan Branch’s Political Education Working Group on December 4, 2019, serving as introduction to “Bernie and Labor” part of its series “Why Bernie?” The picture on the right represents the Haymarket Riot, Chicago, May 4, 1886, when police attacked a labor demonstration demanding the eight-hour day and protesting the May 1 disruption of an earlier protest march. The massacre was one of many attacks by police against labor initiatives. I have ten minutes to present the briefest of introductions on some few salient points pertaining to a history of workers’ struggles in the U.S. Good luck to that! Offering a systemic view of the nearly 200 years of domestic labor struggles, triumphs, tragedies and legacies in just one sixth of an hour is akin to tackling the briefest histories of the Roman Conquests, resurrection in the fractured Holy Roman Empire and its homicidal if not its farcical reiteration in the Nazi Thousand Year Reich that mercifully lasted just 12 years. But like a centurion, I shall soldier on. What follows are some basic if necessarily sketchy assumptions. First, we need to understand that most if not all of labor’s key breakthroughs, including the huge industrial union upsurges that followed immediately after World War I and then repeated so magnificently in the 1930s, were not primarily the product of either progressive politicians such as FDR and his brain trust or even talented, foresighted labor leaders like John L. -
In the Matter of United States of America BEFORE the FEDERAL
United States of America BEFORE THE FEDERAL SERVICE IMPASSES PANEL In the Matter of UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, CENTER FOR DISEASE CONTROL AND PREVENTION, ATLANTA, GA And Case No. 19 FSIP 056 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 2883 ❑ECISION AND ORDER This case, filed by the U.S. Department of Health and Human Services, Center for Disease Control and Prevention, Atlanta, Ga.(Agency or Management) on July 2, 2019, concerns a dispute over 3 articles in the parties' successor collective-bargaining agreement(CBA) and was filed pursuant to 5 U.S.C. §7119 of the Federal Service Labor-Management Relations Statute. The American Federation of Government Employees, Local 2883(Union) represents approximately 350 employees in medical and non-medical positions. The mission of the Agency is to protect public health and safety through the control and prevention of disease, injury, and disability in the United States and internationally. The American Federation of Government Employees, Local 2883(Union) represents approximately 2,000 bargaining-unit employees in a variety of positions at the Agency's Atlanta and Miami facilities. The parties are signatory to a collective bargaining agreement(CBA) that expired on July 17, 2017. The agreement rolls over on an annual basis. The Federal Service Impasses Panel (Panel) asserted jurisdiction over this dispute in the manner discussed below. BARGAINING AND PROCEDURAL HISTORY The parties had seven weeks of bilateral negotiations between October 2017 and November 2018. They received the assistance of the Federal Mediation and Conciliation Services(FMCS) for 3 days in January 2019. During this time, the Union alleged that five of Management's articles contained permissive topics of negotiations that the Union had no obligation to bargain over. -
Strategy, Meta-Strategy and Anti-Capitalist Activism
Socialist Studies: the Journal of the Society for Socialist Studies 6(1) Spring 2010: 45-64 Copyright © 2010 The Author(s) ARTICLE The Limitations of Global Social Movement Unionism as an Emancipatory Labour Strategy in Majority World Countries ZIA RAHMAN and TOM LANGFORD Department of Sociology, University of Dhaka. Dhaka, Bangladesh Department of Sociology, University of Calgary. Calgary Alberta, Canada. Abstract This study assesses the applicability of Peter Waterman’s model of global social movement unionism as an emancipatory labour strategy in Bangladesh, an important site for the manufacture of ready-made garments in the neo-liberal era. Our main conclusions are that Waterman’s North Atlanticist model fails to comprehend the present-day necessities and struggles of the Bangladesh working class; ignores the impacts of colonialism, militarism and imperialism on Bangladesh’s socio-economic development and labour movement; and privileges democratic dialogue as a means of action when militant collective mobilization has been shown to be the only effective way to get action on workers’ issues in countries like Bangladesh. Our recommendation is for Waterman and others to abandon the quest for a universal model of progressive labour unionism and instead come up with a variety of models that apply to different typical patterns of socio-economic and labour movement development in the globalized world. Tom Langford is a political sociologist employed by the University of Calgary. He is currently researching how the closing of the underground coal mines affected society and politics in the Crowsnest Pass in the 1950s and 1960s. His book, Alberta's Day Care Controversy: From 1908 to 2009--and Beyond, is forthcoming from AU Press in Edmonton. -
Precarious Work and Human Rights
International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations 8 Rampe du Pont Rouge, Petit Lancy, CH-1213 Geneva, Switzerland Tel : +41 22 793 22 33 ; Fax : +41 22 793 22 38 ; e-mail :[email protected]; www.iuf.org Precarious Work: Undermining Human Rights Any meaningful investigation of the relationship between business and human rights must address the rights impact of the accelerating dissolution of what the ILO and others refer to as the "standard employment relationship" (i.e. direct, permanent employment) and the rise of precarious work. This note does not attempt to account for the role of institutions like the World Bank and the OECD in pushing for even more precarious work relations, rewarding and rating countries for their efforts to abolish direct employment. Agriculture, which still has the world's largest work force, is almost entirely built on precarious labour, and there is a vital connection between this and the fact that agricultural workers who help to feed the world are often among the most food insecure. The relationship between poverty and deepening inequality, and the growth of precarious work in rich and poor countries alike, has been well documented. The purpose here is to highlight a phenomenon which has not received the attention it requires, i.e. the increasingly widespread use of indirect, precarious employment relations to weaken trade union organization and bargaining power. It is in this context that precarious work emerges as a fundamental human rights issue demanding a strong response rooted in a comprehensive human rights framework. The ILO defines the standard employment relationship in these terms: The traditional pattern of the employment relationship, or standard employment relationship, has for many years been that of full time work, under a contract of employment for unlimited duration, with a single employer, and protected against unjustified dismissal. -
19 Deregulation and Attacks Against Collective Bargaining Have
global worker | special report Text: Jenny Holdcroft Deregulation and attacks against collective bargaining have contributed to a huge rise in global inequality. Harnessing union power for achieving industry level agreements is crucial in the fight for living wages and against precarious work. 1 19 global worker | special report Industry bargaining under attack Market fundamentalism, that destructive ideology which still dominates policy A typical pair of jeans made making despite its role in causing the in Bangladesh retails for global economic crisis, remains the major driver of labour market deregulation and anywhere between US$30 decentralization of collective bargaining. and US$50, or more for These policies have led directly to the a prestige brand. But the decrease in collective bargaining coverage, and the consequent increase in income worker who makes them only inequality. receives 10 cents. A 2013 report by the European Commission found that bargaining with multiple employers was the best guarantee to Portugal and other European countries of broad bargaining coverage. It also found in economic difficulty. In May 2014, a overwhelming evidence of a trend towards report by the European Foundation for decentralization of collective bargaining, the Improvement of Living and Working beginning in the 1980s and accelerating Conditions (Eurofound) found that in during the economic crisis. the countries hardest hit by the crisis (Greece, Portugal, Ireland and Spain) the decentralization of collective bargaining 2 was accelerated. Massive declines in collective bargaining Today the world’s richest one per cent coverage have been witnessed in the UK, own 50 per cent of the world’s wealth. Australia and New Zealand where right- Staggeringly, the richest 85 people in the wing governments introduced legislation world possess the same amount of wealth designed to curb union power by as the world’s poorest 50 per cent. -
Reclaiming Syndicalism: from Spain to South Africa to Global Labour Today
Global Issues Reclaiming Syndicalism: From Spain to South Africa to global labour today Lucien van der Walt, Rhodes University, Grahamstown, South Africa Union politics remain central to the new century. It remains central because of the ongoing importance of unions as mass movements, internationally, and because unions, like other popular movements, are confronted with the very real challenge of articulating an alternative, transformative vision. There is much to be learned from the historic and current tradition of anarcho- and revolutionary syndicalism. This is a tradition with a surprisingly substantial and impressive history, including in the former colonial world; a tradition that envisages anti-bureaucratic and bottom-up trade unions as key means of educating and mobilising workers, and of championing the economic, social and political struggles of the broad working class, independent of parliamentary politics and party tutelage; and that aims, ultimately, at transforming society through union-led workplace occupations that will institute self-management and participatory economic planning, abolishing markets, hierarchies and states. This contribution seeks, firstly, to contribute to the recovery of the historical memory of the working class by drawing attention to its multiple traditions and rich history; secondly, to make a contribution to current debates on the struggles, direction and options for the working class movement (including unions) in a period of flux in which the fixed patterns of the last forty years are slowly melting away; thirdly, it argues that many current union approaches – among them, business unionism, social movement unionism, and political unionism – have substantial failings and limitations; and finally, it points to the need for labour studies and industrial sociology to pay greater attention to labour traditions besides business unionism, social movement unionism, and political unionism.