Freedom of contract begins where equality of bargaining power begins. (==Justice Oliver Wendell Holmes Jr.)
A class war is being waged in the United States, and American workers are losing. For the past 50 years, labor unions, the only institutions whose specific purpose is to defend workers’ rights, have gone from defeat to defeat.
New Deal protections of labor rights have been taken away, one-by-one, through court decisions, anti-labor laws and non-enforcement of labor laws. Republican politicians, with few exceptions, regard unions as hated
American business is increasingly a network of supply chains, franchises and “independent” contractors,” which are almost impossible to shut down through strikes. As a result, labor union membership has steadily fallen.
Steven Greenhouse, who was a long-time labor reporter for the New York Times, describes the state of American labor in his new book, BEATEN DOWN, WORKED UP: The Past, Present and Future of American Labor.
He reviewed the history of U.S. labor’s rise and decline. but the most interesting parts of the book are his reports on successful tactics and strategies of today’s labor movement.
They often operate outside the framework of labor law. I’m not surprised or shocked that unions sometimes defy the law. Employers routinely break the law, in firing workers for belonging to unions, for example, or not paying workers for all hours worked.
They often bypass being certified as bargaining agents by the National Labor Relations Board or asking for legally-enforceable contracts. Instead their power comes from their own solidarity and power.
They found allies in the broader community. They used unconventional tactics. Saul Alinsky would admire many of today’s labor leaders. They didn’t confine themselves to strikes. They organized boycotts, publicity campaigns, mass demonstrations and lawsuits—anything to inconvenience or embarrass their opponents.
But often when they won, management found they were better off treating their workers with respect than as enemies.
A large number of labor leaders and rank-and-file workers quoted by Greenhouse are immigrants, women and people of color. I don’t think that’s affirmative-action reporting on his part. It is the nature of today’s work force.
Here are some of the stories he told/
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About 90 percent of fresh tomatoes in the USA are picked in Immokalee, Florida. Tomato pickers historically worked long hours in the 90+ degree temperatures.
Women pickers were sexually harassed. Pickers were often cheated of their wages. A few were actually enslaved—held prisoner and forced to work without wages.
Farm workers are not covered by the National Labor Relations Act, which supposedly guarantees the right to organize unions.
In 1991, farmworker activists founded the Coalition of Immokalee Workers, a coalition that did outreach and education.
The founding group included three Haitians pickers who’d been peasant organizers in their own country, but were now refugees in the United States.
They followed the Latin American labor tradition of “popular education,” using classes and skits to teach about labor history, U.S. agribusiness and how to educate and organize.
In 1993, they carried out their first strike. They won minor victories from different growers, but then decided to focus instead on Taco Bell, a principal buyer of tomatoes. In 2001, they organized a national boycott of Taco Bell. Twenty colleges barred Taco Bell from campus.
After a huge demonstration at Taco Bell’s 2005 stockholders’ meeting, the company agreed to adopt a code of conduct for its suppliers, which set standards for wages, benefits, working hours and employee safety and also to pay a penny a pound more for its Florida tomatoes.
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