In
early October, two members of Congress introduced legislation that
would give workers the right to a union, without the oppressive
drawn-out process that it has become under U.S. labor law, through,
among other things, card-check organizing.
Senator
Bernie Sanders, I-Vt., and Rep. Mark Pocan, D-Wis., introduced the
Workplace Democracy Act (WDA), which would make it easier for workers
to join a union. It’s not that similar attempts have not been
made in the past, but this time, one of the legislators happens to be
running for president as a Democrat. Bernie Sanders, the candidate,
in the WDA, has taken a strong position in support of America’s
working men and women.
Many
in politics express support of workers and, especially, the middle
class, but they stop short of endorsing the easiest way for workers
to maintain their standard of living or improve it, and that is
forming a union in the workplace. Politicians always say they want
to improve the economy and want to create millions of jobs, but they
routinely acquiesce to the demands of Corporate America.
The
legislation introduced by Sanders and Pocan would allow the National
Labor Relations Board (NLRB) to certify the union, when a simple
majority of the workers in that workplace sign union membership
cards. The union gives workers power in the workplace and freedom
to negotiate the conditions of their employment, including pay
scales, paid leave, health insurance, and pensions. It’s one
of the fairest ways of reducing the income gap in the U.S. and is a
precursor to democracy in the society and economy, in general.
Without democracy in the workplace, there is no democracy anywhere.
Taking
a look at the opinion of the representatives of big business, one
sees that they are trying to protect their position at the top of our
economic heap, the 1 percent and its minions. Clearly, they will do
anything possible to accumulate more wealth and maintain their power
over workers. That power is the key to their further enrichment.
So, what do they say about unions? Simply, that they are just bad
for the nation and for the economy.
They
are against any power for workers. They don’t come
right out and say that. What they do say is that they are against
unions, as if unions are not the instrument of the workers. Unions
give power to workers and, through that power, workers are able to
raise the living standard of all workers and that cuts into
the profits of the mega-corporations that have come to exert their
power over the U.S. economy and other economies around the world.
And,
the corporations will do anything to keep workers from forming
unions, including encouraging politicians who blatantly carry their
water, such as Senator Bob Corker, who became directly involved in
the anti-union campaign at the Volkswagen plant in Tennessee. That
was not what was envisioned by President Franklin D. Roosevelt, when
his administration promoted the National Labor Relations Act, which
gave workers the right to form unions for the first time.
Before
that, the best that the 1 percent (and there was a 1 percent that
existed at the time and probably going back a hundred years before
that) could do to describe unions was that they were a “conspiracy”
to restrain trade and impede the building of wealth among the
richest. This corporate opinion of working people existed, in one
fashion or another, since the founding of the nation. It was only in
the second half of the 20th Century that keeping workers
from forming unions became a profession. Law firms specializing in
union busting sprang up like mushrooms in a damp lawn, and it became
an industry. And, union-busting consultants sprouted like weeds in
an abandoned field, making their millions along the way.
The
danger of unions, in the eyes of Corporate America, is that all
workers might see the value of solidarity in joining a union and, if
that happened, perhaps all workers might want to join a union. Such
a dangerous move would change the complexion of the workplace, the
economy, and even, the politics of the nation. The people might have
some say in the direction of the country. So far, though, corporate
interests have won the day and the status quo remains. Workers,
especially low wage workers, are awakening and they are organizing
without formally joining a union, but that’s the next step.
That’s
where the Workplace Democracy Act comes in. It would:
- Provide
card check organizing, depriving employers of their coercive tactics
of bullying the workers by threatening to close, move, or downscale,
- Guarantee the right to a first contract. Even once organized, the
employer tactic of stalling the union effort to death has defeated
the workers’ organizing efforts. The law would guarantee a
first contract, if an agreement is not reached in 45 days.
- Strengthen and expand the authority of the NLRB. Until now, the
routine tactic of stalling and threatening and union busting has
brought no penalty or a small penalty. Corporations just consider
small fines a cost of doing business.
- Repeals
the prohibitions of strikes, boycotts, and “hot cargo”
clauses in contracts. Hot cargo clauses allowed workers to refuse to
handle goods produced by companies whose workers were on strike.
Many of the rights of workers to act in concert were withdrawn by the
Taft-Hartley Act of 1947.
- Prohibit preemption of federal labor law by the states. For example,
states could not destroy unions by passing so-called right-to-work
laws.
- Establish the National Public Employment Relations Commission to
ensure that public sector employees of states, territories,
possessions or political subdivisions thereof, are guaranteed the
right to collective bargaining, to binding arbitration, and to
strike.
- Provide for workers to serve as trustees on pension plans, which
cover their retirement.
- Extend U.S. labor law coverage to companies operating in any country
with which the U.S. has formed a “free trade” agreement,
by allowing actions to be brought against the company in the U.S. or
the foreign country.
These
are the main points in the Sanders-Pocan WDA, but the implications
are much broader for legal action against the power and force of the
oligarchs who control much of the world’s economy. They do to
the U.S. economy and its workers what they do to those of scores of
other countries, where they are solidly embedded in those economies
and even their politics.
The
WDA is one of the few instances in which American politicians
recently have addressed the oppressive conditions set upon workers by
the Taft-Hartley Act, which was approved by Congress over the veto of
President Harry Truman, giving an indication of the tenor of the
country as it was about to plunge into the “red scare” of
the 1950s. The opposition of big business at that time to anything
that smacked of worker rights was part of the hysteria over “reds”
in government and business. We are in a similar time.
What
is remarkable about the WDA is not what it contains (although much of
it would be considered blasphemy against Corporate America), but that
it addresses rights of workers that were anticipated a century ago.
In some instances, those rights were won and lost and, in most cases,
it was the promise of worker rights that were never achieved.
One
thing is certain: You have not seen much about the WDA in your local
press, or in the mass media. And, you won’t. If a broad
spectrum of workers is to become aware of the WDA, it will be through
word of mouth. Workers need to get a copy of the bill and see who
is co-sponsoring it (if any politicians are). Get a copy through the
senators and members of the House of Representatives, copy it, and
hand it out to co-workers, family members, and neighbors. Better
yet, contact a union organizer and ask about the Workplace Democracy
Act. And, join the union.
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