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10 - Make Labor Organizing a Civil Right

from Part II - Labor Law Is Out of Date

Published online by Cambridge University Press:  01 November 2019

Richard Bales
Affiliation:
Ohio Northern University
Charlotte Garden
Affiliation:
Seattle University
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Summary

The right to organize has been poorly protected for decades in the United States, and the situation is growing even more dire under the current administration, which was supposed to be dedicated to the interests of “forgotten Americans.” For example, in a single week in mid-December 2017, President Trump’s National Labor Relations Board (NLRB) released a series of 3–2 decisions that overturned major precedents of the Obama and Bush II Boards. These included the hard-won changes in standards concerning joint employers, employee handbooks, union discretion in defining bargaining units, and employer rights to make unilateral changes to the contract. Further, it started the process of rescinding the Board’s 2015 rule that shortened election times. The moves were so swift and so extreme that former Board Member Sharon Block asked if it was a “December Massacre.” Sadly, this has become the norm, where labor rights advocates make incremental gains at the NLRB during Democratic administrations, and those gains get wiped away quickly during Republican administrations.

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Publisher: Cambridge University Press
Print publication year: 2019

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