There
are some rights that Republicans and their Tea Party supporters
just won’t tolerate among American workers.
Collective
bargaining rights seem to be one of them. And that’s about
the only thing that the fight in Madison, Wisconsin, is
all about. By now, it’s settled and documented that Governor
Scott Walker is out to break the unions, not fix his state’s
budget problems.
Moves
are afoot in other states where there are Republican governors,
including Indiana, Ohio, and New Jersey. There are sure
to be others who will jump on the bandwagon and try to remove
the right of workers to collectively bargain for their wages,
benefits, and working conditions. Just over this past weekend,
Mike Huckabee, former governor of Arkansas and purported
presidential candidate next year, was bragging in a C-Span
interview that he is up for an attack on public workers
and in fact mentioned his combat with their unions as governor
in his latest book.
The
laws that give Americans those rights stick in the craw
of so many of the country’s wealthy elite and their minions
in politics. It has been reported widely in recent days
how closely Walker is connected to the filthy rich Koch
brothers, big funders of the Tea Party and other right wing
entities.
There’s
just one hitch: the assault on American workers and their
unions is in violation of at least two international agreements…the
1949 convention on the right to organize and bargain collectively
and the Universal Declaration of Human Rights. There may
be others, but these will do for now.
The
U.S. signed the Universal Declaration of Human Rights (UDHR)
and was the principal mover of the idea and the writing
of the document. It clearly upholds the right of workers
to freely associate (to form labor unions, for example)
and to collectively bargain for their wages, benefits, and
working conditions. Whether the U.S. ever signed the 1949
convention or not, what is contained in it is what the U.S.
government pledged to uphold in the UDHR.
Either
way, what the Republicans are attempting to do to American
workers is in violation of international agreements, which
amount to violations of the law by the GOP, wherever they
are attempting to abolish those rights. The conventions,
declarations, and agreements, whatever form they take, do
not distinguish between public worker unions and private
sector unions. They apply to all workers and all unions
and they are unequivocal.
What
Scott Walker, the governor of Wisconsin from Koch Industries,
is attempting to do in his state (remove collective bargaining
rights for certain public workers) is under consideration
in other states that have Republican governors. He is in
violation of international and American law, since we take
these international agreements seriously enough give them
the force of law.
As
soon as possible, a coalition of public and private unions
in Wisconsin should join to formally lodge a complaint with
the International Labour Organisation (ILO) that the U.S.
is allowing one of its states to break its unions, although
President Obama mildly criticized what is happening in Wisconsin.
For
a long time, it has been known that, when an authoritarian
government assumes or seizes power in a country, the first
thing that they go after is the trade unions, to destroy
them, since the unions represent a natural barrier to oppressive
measures and they could provide the heart of an opposition
movement.
This
is what we’re seeing in Wisconsin. This is what’s happening
in the United States of America. Democrats and Republicans
have spoken about the rights of the people in Libya to freely
associate and be free of the oppressive 42-year rule of
Muammar Gaddafi and to take control of their own country,
they were supporting the rights expressed in the UDHR and
the convention of 1949. (At press time, the Obama Administration
was considering a “no fly zone” over Libya). But so far,
we haven’t heard much from Democrats on the question of
eliminating collective bargaining rights for public workers.
Implicit in the threat of the GOP is that they will come
after the private sector unions after they have finished
off the public worker unions.
Walker
and those who think like him have set this nation on a very
dangerous path. In the context of the community of nations
(and, like it or not, the U.S. is a part of that community),
the U.S. is set to violate principles, agreements, declarations,
and laws that were agreed upon decades ago.
The
ILO has said, “The freedoms to associate and to bargain
collectively are fundamental rights…Their core value has
been reaffirmed by the international community, notably
at the 1995 World Summit on Social Development in Copenhagen
and in the 1998 ILO Declaration of Fundamental Principles
and Rights at Work.
“The
exercise of the rights to freedom of association and collective
bargaining requires a conducive and enabling environment.
A legislative framework providing the necessary protections
and guarantees, institutions to facilitate collective bargaining
and address possible conflicts, efficient labor administrations
and, very importantly, strong and effective workers’ and
employers’ organizations, are the main elements of a conducive
environment. The role of governments in providing for an
enabling environment is of paramount importance.”
This
last sentence is crucial. Who’d think that Americans would
need reminding that government’s role is vital to the furtherance
of workers’ rights, especially in the realm of work. It
is only a short distance from ensuring rights at work, to
ensuring voting rights in a democratic society. It’s all
part of the same package.
Several
United Nations international instruments establish the following
worker rights, which apply to all workers in a country,
including non-citizens with or without governmental permission
to work: a safe and healthful workplace, compensation for
workplace injuries and illnesses, freedom of association
and the right to form trade unions and bargain collectively,
and equality of conditions and rights for immigrant workers.
The United States government has committed itself to protecting
these rights. It was a principal author, sponsor, and signer
of the Universal Declaration.
The
official governmental assault on American workers and their
unions continues and grows more serious. Just in the past
few days, it has been reported that Providence, Rhode Island,
has fired all of the teachers in the city system, apparently
planning to rehire them at much lower rates of pay and with
few or no benefits (similar to what sweatshop countries
are known for). This, too, is a flagrant violation of international
agreement and American law. An appeal to the ILO (a tripartite
organization involving labor, business, and government)
should be lodged immediately in this case, as well.
According
to the ILO, it “treats workers' freedom of association as
the bedrock right on which all others rest. This right includes
workers' efforts at organization and association in the
workplace and in the larger society through democratic participation
in civic affairs. It includes the right to bargain collectively
with employers and the right to strike.”
The
United States has said repeatedly (but not too loudly) that
it stands for the rights of “the people” and the workers
in other countries, under the authority of these UN and
ILO instruments, but it can’t seem to publicly support American
workers and their unions in the same way.
Considering
the attitude toward international agreements that is held
by the GOP and others on the right and far right, a formal
charge lodged by American unions against their government
and capitalist enterprises might have a hard time getting
a full hearing, because of the great power of U.S. corporation
and the government in quashing that kind of hearing. But,
such a formal charge or charges might, at the least, start
a discussion among Americans who work for wages. Most,
we can be sure, never heard of internationally recognized
labor rights and likely never would have believed that America
and its government might be in violation of those laws.
There’s
no time to waste in filing complaints. At the least, it
will force American government at every level to show how,
or if, in the matter of worker protections, it can distinguish
itself from countries like Saudi Arabia, Sri Lanka, China,
Iran, or Libya.
BlackCommentator.com Columnist, John Funiciello, is a labor organizer and former union
organizer. His union work started when he became a local
president of The Newspaper Guild in the early 1970s. He
was a reporter for 14 years for newspapers in New York State. In addition to labor work, he is organizing family
farmers as they struggle to stay on the land under enormous
pressure from factory food producers and land developers.
Click here to contact Mr. Funiciello.
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