Posts tagged Taft-Hartley Act
Report: Biden won’t block dock strike
September 18, 2024 // International Longshoremen’s Association has set Oct. 1 strike deadline at East and Gulf Coast ports. Taft-Hartley Act grants presidents powers to intervene in labor disputes that threaten national security or safety by imposing an 80-day cooling-off period, and forcing employees back to work while negotiations continue.
The Accidental Success of the NLRA: How a Law about Unions Achieved Its Goals by Giving Us Fewer Unions
August 30, 2024 // The Wagner Act was passed to promote labor peace. It aimed to keep commerce flowing by promoting collective bargaining, and thus unionism. Taft-Hartley reversed one part of that policy: it helped make unionism, and thus collective bargaining, less common. But by doing so, it finally achieved labor law’s original goal. The labor market today is more peaceful than at any time in the last century. And that peace owes in large part to the relative scarcity of unions. That lesson is worth keeping in mind in contemporary debates. Today, voices on both sides of the aisle laud the benefits of unionism. They speak of unions as vehicles of workplace democracy—a productive way for workers to express their collective discontent. But unions have not always funneled discontent through peaceful channels: when given too much power, they have disrupted the avenues of commerce.
The Cases Against Sectoral Bargaining: The Practical Case
August 11, 2024 // The effect of sectoral bargaining on union corruption would be unclear. Scholars of union corruption have blamed enterprise bargaining combined with union monopoly representation for America’s unusually high levels of labor racketeering. There is truth to this, but it is also not the case that American unions involved in industries with more-sectoral-style approaches are “cleaner.” The New York City garment industry, which was exempted from various Taft-Hartley regulations on union conduct, was believed by the federal government to have been Mob influenced as recently as the 1990s. More recently, the United Auto Workers, which conducts a sort of pseudo-sectoral bargaining with the unionized Detroit Three automakers by “patterning” its contracts, was forced into a regime change after the largest union corruption scandal of the 21st century. Putting more power in the hands of America’s long-standing class of union officials, who are known for having their hands in the cookie jar, certainly is not an obvious approach to reducing or surveilling corruption in organized labor.
Op-Ed: Union membership is now political. So can the government still require people to associate with a union?
July 10, 2024 // Since then, employees have argued that exclusive union representation does violate the First Amendment. Exclusivity saddles them with the “services” of nakedly political bargaining agents. Lower courts have turned those arguments aside mostly because of an older case, Minnesota Board for Community Colleges v. Knight, which suggested that exclusive representation was okay in the public sector. Knight seemed to say that when the government bargains about working conditions, it can choose its own bargaining partner. And if it chooses one exclusive union to bargain with, that choice burdens no one’s associational rights. But whether or not that’s what Knight meant, the decision has no bearing on private-sector bargaining. In the private sector, the government does not choose its own bargaining partner; it imposes one on private parties. And some of those parties object to their unions’ political views—views that are increasingly central to unionization itself. So private-sector bargaining raises a different question: can the government force private citizens to associate with a union when that union’s core purpose is increasingly political? (Elsewhere, I have argued at greater length that it cannot.)
Parity in Labor Transparency
April 24, 2024 // The institutional left has sought to reward Big Labor by making union organizing campaigns shorter, or bypassing them with “card check.” Big Labor knows that the dynamics of union organizing rely on labor unions being able to make their pitches to workers from trusted positions without skeptical responses from other workers or employer representatives. And they only need to win the vote once to start collecting dues and engaging in compulsory bargaining. As long as government-recognized and government-empowered compulsory union bargaining exists, the government require workers be given all the information before deciding whether to form a union and bargain collectively. The SALT Act would accomplish this needed reform.
Opinion: PRO Act Just Gives Unions More Power
April 24, 2024 // Big Labor bosses who desire more resources and power (often in order to steal them or direct them to radical political agendas) hope the PRO Act will complete an 80-year campaign to make America more like Europe, with the strikes, economic sclerosis, and socialist planning for which that continent is known. With the PRO Act having powerful allies in the White House and Congress, it’s time for opponents of Big Labor to take note.
Alphabet Soup: NLRB, NMB, FMCS
April 4, 2024 // This is the third in a series of introductory guides to help you navigate the alphabet soup of federal labor and employment agencies. Throughout the federal government, there is agency overlap and the pendulum often swings with each new President in the White House. Ultimately, the general framework for each agency’s mission and the statutes they enforce remains little changed. Below is an introductory guide to the National Labor Relations Board, National Mediation Board, and Federal Mediation and Conciliation Service to help you better understand their missions and mandates.
From Hollywood to auto work, organized labor is flexing its muscles. Where do unions stand today?
November 9, 2023 // There are also limits for organizers under current labor law. That means that what worked in auto workers' labor campaign, for example, may not look the same or be possible in other industries. Larger, more established unions typically have more bargaining power — and that's reflected in new contract wins seen today. “We have a labor law that was designed in the era in the 30s and 40s, when auto plants of 10,000 workers (were organizing)," he said. Starbucks is “split into these small coffee shops of 15 workers. ... They need to join together to have any kind of bargaining power against a big employer. But our labor law isn’t structured to help them do that,” Colvin said. Service jobs can also be hard to organize due to part-time work and high turnover rates. The same can be said for Amazon warehouses, where there have been pushes for unions.
The UAW is already looking ahead to its next auto strike
November 8, 2023 // Fain has not shied away from rhetoric that critics accuse of being “radical” or “class warfare.” In one of the videos he recorded during the auto strike, the UAW president wore a t-shirt that read “Eat the Rich.” And he’s not shy about complaining about the “billionaire class” when making a call to action for members. Any criticism of May Day is not likely to scare him away from embracing it.
Unions’ power ebbs and flows
November 6, 2023 // Unionization efforts have expanded but many are taking place where there is little history of organized labor, creating a higher bar for workers. Colvin points to Starbucks workers who have seen union drives clipped in the last year. Starbucks has been accused of chilling organization by closing unionized stores and firing pro-union workers. There are also limits for organizers under current labor law. That means that what worked in the auto workers' labor campaign, for example, may not be possible for other industries.