Unions are more popular than ever 15th Years. Yet they have a record number of workers. The gap between the public perception of trade unions and their actual membership shows how difficult it has become for workers to organize.
In a new report, the Progressive Think Tank Economic Policy Institute (EPI) found evidence that employers are increasingly brazenly trying to stifle workers’ union attempts. Records from the National Labor Relations Board (NLRB), which oversees private workers’ rights and union elections, show that in more than 40% of 3,260 Union elections during 2016 and 2017Employers were charged with unfair labor practices designed to undermine electoral processes and take revenge on union-friendly workers.
about 30th% of Unfair Labor Practices Charges (ULP) analyzed by EPI related to allegations of threats, surveillance or harassment of workers. Another 30th% concerned allegations of illegal discipline, with one in five elections compromised by charges of illegal dismissal of workers in support of the union. The size of the workforce is a factor: the highest rate of ULP claims – more than 50% – was seen by companies with potential negotiating units 61 Workers or more. Anti-union activities took place more frequently during the biennium than at the beginning 2000s.
This pattern of union destruction could explain why union formation in the private sector has shrunk to just 6.4th% in the 2018. Ben Zipperer, co-author of the report, told In These Times that the study suggests so If you“The hostile atmosphere towards work, or basically the employer’s aggression against workers trying to form unions, is the main obstacle. “
Trump International Hotel Las Vegas employees attempted to partner with UNITE HERE in one case of election-related ULP allegations 2016Shortly before Trump’s election, she accused her employer of a number of retaliatory acts, including tightening oversight or increasing the workload of some employees If you“enforce unequally[ing] his new grooming policy “to force targeted workers to change their hair color.
Although EPIs do not cover the outcome of cases (fees are often dropped and litigation can drag on for years), the proliferation of ULP fees is significant. It is likely that the workers who file a formal charge are only a fraction of the workers who have the resources and essentials to bring a lawsuit with their employer. After all, the most successful anti-union campaigns may be the ones that never come to light because workers have been thoroughly suppressed or driven out.
“Employers use a variety of tactics that would otherwise be illegal or unfair and never make it to the point of charging, ”says Zipperer. If you“because it is a very difficult and lengthy process with little reward for the worker in the end. “
Filing an unfair labor practice charge is the fundamental tool that workers use to hold employers accountable under the National Labor Relations Act (NLRA). To protect the right of workers to organize and maintain the integrity of union elections, employers cannot legally threaten to close a plant, fire workers or deprive them of their services if they seek union formation. The bosses are prohibited from forcibly questioning workers about their union activities or trying to spy on them. The NLRA also broadly prohibits employers from discriminating against workers who support union formation – for example by demoting or dismissing workers who promote union formation against their employees.
While the NLRB should act as the central arbitrator for industrial relations, the agency has little influence over employers who engage in union fraud. Even if it is proven that a company has acted illegally, the NLRB cannot usually compel it to pay damages beyond the reimbursement and reinstatement. In addition to these structural obstacles, the current Republican majority in the NLRB ensures that any case before the board has a good chance of leading to a decision against the workers.
The overall weakness of the NLRA is not covered. Employers are free to use various anti-union tactics in their workplaces, including disseminating anti-union arguments and launching smear campaigns against unions If you“Third party trade union organizers threatening to undermine workers’ relationship with their boss.
The market for anti-union tactics has resulted in a home industry of anti-union companies. Overall, EPI estimates companies are bringing in valued US dollars340 Millions every year in If you“Union Avoidance “Adviser. Top donors include Nestle, Fedex, Mission Foods and the Trump International Hotel Las Vegas. The anti-union consulting firms specialize in flooding workplaces with propaganda and so-called orchestrating If you“Captive audience meetings, where companies pressure workers to take part in anti-union presentations.
Allegations of intimidation, retaliation and disinformation are at the center of the recent clashes at Google, Housing Works and Johns Hopkins University Hospital – an allegedly advanced technology giant and two nonprofits – in which workers have accused their employers of using dirty campaign tactics to drive union drives smashed.
The current Hearst workers union movement has led the company’s executives to set up a microsite which, according to Vice, contains biased statements about the consequences of union formation. The workers were warned If you“All terms of pay, benefits and working conditions would be up for discussion. Nobody can guarantee in advance what this contract would contain. “
Last April, Labor Notes reported that while meeting prisoners at a Volkswagen plant in Chattanooga, Tennessee, workers were bombarded with pro-business messages from Governor Bill Lee, who was singing praises of Volkswagen for bringing jobs to the state and had told Workers it was best to If you“have a direct relationship “with the automaker, free from union interference.
While some aggressive anti-union practices are perfectly legal, EPI notes that the NLRA’s protection of workers’ organizational rights can be strengthened simply by giving the law real teeth. The recently introduced Law to Protect the Right to Organize (PRO) would provide civil sanctions for abusive employers, prohibit gatherings in captivity, and allow workers to bring unfair labor practices claims in civil courts, not just the NLRB.
“One of the easiest things we can do, ”said Zipperer. If you“is that we can actually get labor law down by imposing significant and significant penalties on employers for violating that law. “
Under the current legal framework for trade union elections, the fact that trade unions are still so popular in opinion polls shows that despite the hostile political climate, workers still believe in the power of collective action. Imagine what could be achieved if labor law were no longer in the way.
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