As
if working Americans didn't have enough trouble making ends meet, no
matter how many jobs they have, the U.S. Supreme Court has thrown up
another obstacle in their struggle toward justice in the workplace,
by giving employers free rein to stop workers from bringing class
action law suits against the employing class.
On
May 21, the court, in Epic Systems Corp. vs. Lewis, ruled in
accordance with President Trump and Corporate America to give
employers the go-ahead to force their workers to sign away their
right to join together in a class-action suit, when they have a
dispute with the employer, say, over stolen wages, or unsafe working
conditions, discrimination, or any other injustice that might be
perpetrated against them.
For
some years, employers have required new hires to sign such
agreements, even though it might have been on shaky ground legally.
Now, however, they can force workers to give up their rights with the
blessing of the U.S. Supreme Court, no less. It's just another piece
of the ruling class' decades-long effort to make the entire
wage-working population powerless in the workplace and, by the way,
powerless in the nation at large.
You
don't have to be a prize-winning economist to know that wages and
incomes of workers have been stagnant for 30 years or more. That's
not an accident for, while workers' standard of living has been flat
for all those years, those at the top of the heap have seen their
incomes and wealth grow exponentially. It's a recipe for disaster,
which may be just around the corner economically.
Picture
an applicant looking for a job who finally gets an interview at a
company that would pay a decent wage and provide some benefits. When
it comes time to sign the agreement to once again be employed, the
interviewer says, “Oh yes, one more thing. It's this little
agreement that you never will join in a class-action lawsuit against
the company for any reason. Sign here.” The applicant is
sitting there, not having worked in six months or a year or longer.
What's she going to say? “Sure, I'll sign. What could
possibly go wrong?”
Despite
all of the rah-rah from the mainstream papers, business magazines,
and television finance and economic “experts,” the
employment picture is not as rosy as they make it out to be. The
official unemployment figures do not tell the whole story. It long
has been known that the unemployment rate has not included those who
have stopped looking for work. They're neither employed, nor
unemployed. They just don't count and they number in the millions.
Many have been cut loose from their jobs in downsizing or company
flight to lower-wage countries and their prospects for jobs at their
previous rates of pay are non-existent. They are working at half the
hourly rate of pay that they previously made, if they are working at
all. Untold numbers are just waiting, working minimum wage jobs
until they can collect Social Security or a pension (those lucky
enough to have one).
In
writing the 5-4 decision, Justice Neil Gorsuch came down squarely on
the side of those with the power in the workplace, while Justice Ruth
Bader Ginsburg expressed her dissent by reading her opinion aloud in
court, something not usually done. She knows that the workplace can
be an unfriendly place for workers and, since the overwhelming
percentage of workers do not work under a union contract, they are
subject to the whim of the employer regarding nearly every issue.
Without a union contract, workers are employed “at will,”
meaning they can be dismissed summarily.
Nothing
less than being an extra man on the management staff of every company
and corporation should have been expected of Gorsuch, who was named
to the court by President Trump, who has shown his disdain for
working men and women long before he decided to seek political
office. For him, holding the office of president is no different
from being the head of a stereotypical capitalist corporation. As
head of such a corporation, he could make decisions according to his
“gut,” which he uses to make most or all of his
decisions. For the workers of America, this kind of decision-making
has been a disaster and he has shown himself to be just another
right-wing Republican who holds ordinary people in contempt.
According
to the Economic Policy Institute, “EPI
research shows that between 1994 and today, the share of nonunion,
private-sector employers who require their workers to sign forced
arbitration agreements has increased from just 8 percent to 54
percent! That means that now, more than half of U.S. workers whose
legal rights are violated by their employer are not able to pursue a
claim in court. Further,
research shows that 23.1 percent of private-sector nonunion
employees, or 24.7 million American workers, no longer have the right
to bring a class action claim if their employment rights have been
violated. With yesterday's ruling, that number will go even higher.”
In
many cases, especially workers in dangerous industrial operations,
including the new exotic chemicals that are being produced and
handled and introduced into the environment every day, some check on
the power of the boss is needed. At one time, they did have an
avenue to seek justice, but Gorsuch and the so-called conservative
elements on the court have pretty much removed that avenue. Another
right struck down and an increase in worker mortality on the job
(think coal miners and their long, lingering deaths from black lung).
You don't have to be on the job to be killed by the job.
A
union in the workplace is one guarantee that workers will enjoy
rights on the job, but the likes of Trump and Gorsuch and those of
their kind who came long before them have been waging a war against
those very workers' rights for longer than their living standards
have been stagnant. There is a connection between the two. Obscene
profits are not enough for the corporatists. They want power, as
well, and not just some power, but most of the power in the workplace
and elsewhere. Their “think tanks” and “news”
outlets have been the instruments of waging the war against working
people. For now, it will have to be enough that there are still
unions and union contracts, but the numbers are daunting: Only about
11 percent of American workers are in unions and only about 6 percent
of private sector workers are in unions.
The
ability to bring a class-action lawsuit against an offending
corporation was in some ways a (poor) replacement for a union and a
contract, but it remained a possibility. With Gorsuch and his
colleagues in the majority on the high court, employers have been
given a green light in their march to gain complete control over the
workforce by muting yet another right.
There
is hope on the horizon, however. Teachers in some southern states,
in the face of laws that prohibit strikes, have struck and the bosses
(legislative and local) have moved to meet their demands. The
nurses' unions have taken the lead in fighting for universal,
single-payer health care and the people are moving in that direction
(a majority favor it). And, young people are beginning to realize
that they will be next in line to fight for their rights, in the
workplace and in the nation at large, and particularly, in its
political system that remains largely broken and corrupt. All of
these people are moving, learning, and acting. They need wide
support, if the nation is to break free of the death grip that the
rich and Corporate America have on its legislative bodies, as well as
on peoples' everyday lives.
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