Business Commons^™

'Passion For Justice’, Ken Margolies

Ken Margolies

[Excerpt] Drawing on my experience and contacts, I advise and assist ILR students who are interested in working in the labor movement or other social justice organizations. Today's students seem more focused and practical than those from my undergraduate years, but—most important—they have the same passion for justice.

Organizing Clerical Workers, Richard W. Hurd

Richard W Hurd

[Excerpt] There are two organizing models that are effective among clerical workers. One model is the media-oriented, high-tech type of organizing. AFSCME does this very well; some other unions have also used it effectively. It starts with polling and opinion research on the work force that might be organized. This is followed up by targeted direct mail, telephone banks, radio and TV ads, campaign-specific newspapers and so on. This type of campaign is most appropriate for large public-sector units, especially when the clericals work in multiple locations. It is an important and successful means of organizing, but it has limited …

Violations De La Liberté D’Association Des Travailleurs Aux États-Unis Et Normes Internationales Des Droits De L’Homme, Lance Compa

Lance A Compa

A culture of near-impunity has taken shape in much of U.S. labor law and practice. Any employer intent on resisting workers' self-organization can drag out legal proceedings for years, fearing little more than an order to post a written notice in the workplace promising not to repeat unlawful conduct. Many employers have come to view remedies like back pay for workers fired because of union activity as a routine cost of doing business, well worth it to get rid of organizing leaders and derail workers' organizing efforts. [Article in French]

Illegal Immigration And The Dilemma Of American Unions, Vernon Briggs

Vernon M Briggs Jr

[Excerpt] Over its long and often turbulent evolution, the American labor movement has confronted few issues as persistently and as difficult has those related to subject of immigration. By definition, immigration affects the size of the labor force at any given time as well as its geographical distribution and skill composition. These vital influences, in turn, affect national, regional and local labor market conditions. Most immigrants directly join the labor force upon entering the country, as do eventually most of their family members. Hence, organized labor never has ignored immigration trends. As Samuel Gompers, one of the founders of the …

Unionization Among College Faculty - 1996, Richard W. Hurd, Amy Foerster

Richard W Hurd

[Excerpt] Unionization among college and university faculty continued its slow but steady increase in 1995. Academic unions now represent 246,207 professors, a growth of 3,986 (1.65 percent) from that reported in last year’s NCSCBHEP's Directory of Faculty Contracts and Bargaining Agents in Institutions of Higher Education. We can now report 504 bargaining agents on 1,115 campuses throughout the United States. These increases can be attributed to three sources. First, unions won 4 out of 4 collective bargaining elections during 1995 to determine new bargaining agents. Second, some existing bargaining units grew in size as institutions hired additional faculty. Third, the …

Non-Faculty Unionization At Institutions Of Higher Education, Richard W. Hurd

Richard W Hurd

[Excerpt] The decade of the 1980's was a difficult one for the labor movement as membership and bargaining power declined for most unions in most industries. Higher education, however, provided a much more congenial environment. Faculty unionization expanded slowly but steadily at public sector institutions, although these gains were partially offset by private sector membership losses in the wake of the Yeshiva decision. In addition, there was a flurry of organizing activity among non-faculty employees, particularly clerical workers. The clerical worker organizing of the 1980's resulted in many highly visible successes for the labor movement. Particularly noteworthy were NLRB election …

Barriers To Union Organizing, Richard W. Hurd

Richard W Hurd

[Excerpt] The current environment presents dramatic challenges for the American labor movement. Structural change in the economy has meant job loss in traditionally unionized sectors such as heavy manufacturing, and job gains in the less unionized service industries. Deregulation and increased international trade have created competitive pressures on unionized industries, resulting in significant concessions and a reduction in bargaining power. Simultaneously, unions have contended for twelve years with unfriendly government regulators who have displayed little commitment to timely and vigorous enforcement of protective labor legislation. In particular, the National Labor Relations Board (NLRB) of the Reagan and Bush administrations has …

The Unionization Of Clerical Workers At Large U.S. Universities And Colleges, Richard W. Hurd, Gregory Woodhead

Richard W Hurd

[Excerpt] The unionization of clerical workers on college campuses is steadily increasing and becoming the subject of greater scrutiny. The National Center has long been interested in this facet of unionization and when we learned of the work of Professor Hurd in this area we expressed an interest in publishing his research. This article presents Hurd's and Woodhead's research on college and university clerical unionization.

The Unionization Of Clerical Workers In Colleges And Universities: A Status Report, Richard W. Hurd

Richard W Hurd

[Excerpt] The 1980s have presented a myriad of problems for the labor movement as membership and bargaining power have declined in manufacturing, construction and transportation. Attempting to come to grips with the new reality of an economy dominated by the service sector, unions have expanded their organizing efforts among white collar workers. In the process, they have discovered a particularly receptive clientele among the clerical employees of colleges and universities. This paper identifies factors which influence the outcome of clerical organizing drives on campus, estimates the extent of organization among these workers, and summarizes recent developments including strike activity. It …

A Preliminary Report On Non-Faculty Bargaining At Colleges And Universities - 1993, Richard Hurd, Elizabeth O'Leary

Richard W Hurd

[Excerpt] Although we will present more detailed data in subsequent sections, we would like to present a few key pieces of information here. Public sector campuses are substantially more likely to be unionized than private sector, with 55.7% of public and 16.8% of private reporting one or more non-faculty bargaining units. Geographically, non-faculty unionization is notably more prevalent in the Northeast, the Midwest and on the Pacific coast than elsewhere. Among non-faculty employees, there are notable variations in unionization rates. Approximately 43.8% of blue collar employees are unionized (substantially more than reported two years ago), compared to approximately 31.1% of …

The Unionization Of Clerical, Technical, And Professional Employees In Higher Education: Threat Or Opportunity, Richard W. Hurd

Richard W Hurd

[Excerpt] Union organizing among non-teaching white collar employees of colleges and universities persists. To the discomfort of many university administrators, high visibility union successes at Yale, Columbia, Harvard, the University of Cincinnati, and the University of Illinois were not isolated instances but part of a trend.

Professional, technical, and clerical employees' desire for a more effective voice, has combined with the economic insecurity associated with stubborn budgetary pressures, to encourage these workers to pursue union representation. Unions have responded to this opportunity with enthusiasm, experimenting with innovative organizing and bargaining strategies in the relatively open environment offered by institutions of …

Trade Unions And Human Rights, Lance Compa

Lance A Compa

[Excerpt] In the 1990s the parallel but separate tracks of the labor movement and the human rights movement began to converge. This chapter examines how trade union advocates adopted human rights analyses and arguments in their work, and human rights organizations began including workers' rights in their mandates. The first section, "Looking In," reviews the U.S. labor movement's traditional domestic focus and the historical absence of a rights-based foundation for American workers' collective action. The second section, "Looking Out," covers a corresponding deficit in labor's international perspective and action. The third section, "Labor Rights Through the Side Door," deals with …

Legal Protection Of Workers’ Human Rights: Regulatory Changes And Challenges In The United States, Lance Compa

Lance A Compa

[Excerpt] In a 2002 study, the US Government Accountability Office reported that more than 32 million workers in the United States lack protection of the right to organise and to bargain collectively. But since then, the situation has worsened. A series of decisions by the federal authorities under President George Bush has stripped many more workers of organising and bargaining rights. The administration took away bargaining rights for hundreds of thousands of employees in the new Department of Homeland Security and the Defense Department.18 In the years before the 2009 change of administration, a controlling majority of the five-member National …

Corporate Social Responsibility And Workers’ Rights (Chinese), Lance Compa

Lance A Compa

[Excerpt] Corporate social responsibility (CSR) brings an important dimension to the global economy. CSR can enhance human rights, labor rights, and labor standards in the workplace by joining consumer power and socially responsible business leadership—not just leadership in Nike headquarters in Oregon or Levi Strauss headquarters in California, but leadership in trading house headquarters in Taiwan and Hong Kong, and leadership at the factory level in Dongguan and Shenzhen. Ten years ago, I would not have said this. I viewed corporate social responsibility and corporate codes of conduct as public relations maneuvers to pacify concerned consumers. Behind a facade of …

Perspective Américaine Sur L'Alena Et Le Mouvement Syndical, Lance Compa

Lance A Compa

[Excerpt] Le climat antisyndical qui a cours aux États-Unis a conduit de grandes enterprises européennes à déménager certaines de leurs installations dans ce pays. Par exemple, BMW construit présentement une vaste usine en Caroline du Nord, État qui possède le taux de syndicalisation le plus faible aux États-Unis, et Mercedes-Benz met sur pied une exploitation en Alabama, autre Etat antisyndical. Là où les syndicats existent encore, leurs membres subissent de vives pressions pour accepter une diminution des salaires et des avantages sociaux pour preserver leurs emplois. D'après le Department of Labor des États-Unis, le salaire réel des travailleurs américains a …

Labour Rights In The Ftaa, Lance Compa

Lance A Compa

[Excerpt] Without an overall trade agreement containing stronger labour rights linkage than that of the NAALC model, advocates will have no central forum or mechanism for dealing with workers' rights in the Americas. This paper suggests that labour rights advocates can and should shape a new viable social dimension in hemispheric trade and demand its inclusion in the FTAA. The emphasis of this paper is on a viable, not a definitive or triumphant, solution. Workers and their advocates do not triumph in the current conjuncture of economic and political forces. They do not will their way to victory with the …

Free Trade, Fair Trade, And The Battle For Labor Rights, Lance A. Compa

Lance A Compa

[Excerpt] Labor rights advocacy is the most direct challenge to the primacy of a marketplace ideology in which efficiency and profit are the highest values. Labor rights advocates promote values of fairness, justice, and solidarity in global commerce. The battle to achieve enforceable hard law that protects workers' rights in the global economy is an important contribution to the labor movement's revitalization. Can a beleaguered movement take on multinational companies and the governments that appease them on these varied international grounds when there is so much still to do on organizing, collective bargaining, and domestic political action? There really is …

Works In Progress: Constructing The Social Dimension Of Trade In The Americas, Lance A. Compa

Lance A Compa

[Excerpt] This paper reviews labor rights in the trade arrangements of four regional and binational settings in the Americas: • the North American Free Trade Agreement (NAFTA) among Canada, Mexico and the United States; • the Common Market of the South (Mercosur) among Argentina, Brazil, Paraguay and Uruguay; • the Canada-Chile Free Trade Agreement (CCFTA); and • the Caribbean Community (Caricom) embracing several island nations in a common market. The labor rights agreements, charters and declarations examined here are at different levels of development and experience. They are "works in progress," just beginning to experiment with the central challenge of …

El Acuerdo De Cooperación Laboral Del Tratado De Libre Comercio De América Del Norte: ¿Dimensión Social O Decepción Social?, Lance A. Compa

Lance A Compa

[Excerpt] En este país los sindicatos continúan criticando los puntos débiles del Acuerdo, especialmente la exclusión de asuntos referentes a la sindicalización, la negociación y las huelgas, los mecanismos de solución de controversias, y la carencia de soluciones ejecutorias bajo el ACL. Al mismo tiempo, se han dado cuenta de que resulta un foro muy útil para exponer casos de violaciones de los derechos de los trabajadores por parte de corporaciones multinacionales que operan en el marco del TLC. Con ello intentan promover una presión popular dirigida a detener la ampliación del TLC a Chile y el resto de América …

[Review Of The Book From Consent To Coercion: The Assault On Trade Union Freedoms], Lance A. Compa

Lance A Compa

[Excerpt] Even in disagreement with some of its policy prescriptions, I find From Consent to Coercion a strong, meticulously documented, powerfully argued, thought-provoking work that serious scholars and practitioners of trade unionism and labour law should read and engage. We Americans can still look at Canadian labour law and practice as a model compared with our own, but thanks to Panitch and Swartz's work we can see it with eyes open, not eyes wide

Author’S Reply To Wheeler-Getman-Brody Papers, Lance A. Compa

Lance A Compa

[Excerpt] The contributions of Hoyt Wheeler, Julius Getman and David Brody in the December issue of this journal give important insights into strengths and weaknesses of the Human Rights Watch Report on workers' rights in the United States. Stephen Wood, Sheldon Friedman and the editors are to be commended for advancing a debate on the Report's approach, findings and recommendations. Each of these three major figures in American labour scholarship brings the power of decades of research and analysis on these issues. Together, their critiques stretch the Report backward and forward: back to unstated assumptions that underlie the Report (or …

Globalizíación, Class Actions Y Derecho De Trabajo, Antonio Ojeda Avilés, Lance A. Compa

Lance A Compa

[Excerpt] El objeto principal de este artículo consiste en analizar la larga experiencia acumulada al otro lado del Atlántico, en Estados Unidos, en material de demandas extraterritoriales contra empresas norteamericanas ya desde los años setenta. Realizaremos una síntesis de los rasgos característicos de las class actions en ese país, en primer lugar, seguida por una breve Mirada al context internacional del Derecho del trabajo y la jurisprudencia en EE.UU., de los efectos extraterritoriales del Derecho del trabajo estadounidense, en segundo término, y un análisis pormenorizado de tales litigious en Europa.

Workers’ Freedom Of Association In The United States: The Gap Between Ideals And Practice, Lance Compa

Lance A Compa

[Excerpt] What is most needed is a new spirit of commitment by the labor law community and the government to give effect to both international human rights norms and the still-vital affirmation in the United States' own basic labor law of full freedom of association for workers. A way to begin fostering such a change of spirit is for the United States to ratify ILO conventions 87 and 98. This will send a strong signal to workers, employers, labor law authorities, and to the international community that the United States is serious about holding itself to international human rights and …

Labor’S New Opening To International Human Rights Standards, Lance Compa

Lance A Compa

Most trade unionists were oblivious to international human rights movement in the last half of the twentieth century. For their part, human rights advocates did not include workers’ rights on their agenda. But in the late 1990s, labor and human rights advocates came together to reframe workers’ collective action as a human rights mission rather than a self-interested syndical action. A new labor–human rights alliance built a wide-ranging discourse of workers’ rights as human rights. The expertise and knowledge attributable to human rights actors gave their critique of workers’ rights violations in the U.S. a high measure of authoritativeness compared …

U.S. Workers’ Rights Are Being Abused, Lance A. Compa

Lance A Compa

[Excerpt] The 200-page Human Rights Watch report is based on case studies across a range of industries, occupations and regions of the United States. The report recognizes that U.S. workers generally do not confront gross human rights violations where death squads assassinate union activists or collective bargaining is outlawed. But the absence of systematic government repression does not mean that workers have effective exercise of the right to freedom of association. The case studies in the Human Rights Watch report uncover a distressing pattern of threats, harassment, spying, firings and other reprisals against worker activists and a labor law system …

Labor’S Weight Beyond Its Numbers, Lance A. Compa

Lance A Compa

[Excerpt] Beyond numbers, what unions are doing on the ground reflects their vitality. Unions are allying with new grass-roots support groups in creative public advocacy for workers' rights generally, not just for their own members. Unions are also experimenting with new forms of social bargaining, using leverage such as pension fund investments and shareholder resolutions. They do this for their own organizational goals, but also for public goals such as transparent corporate governance and honest corporate accounting.

To Cure Labor’S Ills Bigger Unions, Fewer Of Them, Lance A. Compa

Lance A Compa

[Excerpt] Only big, coordinated unions can stop employers from playing off one group of workers against another. Only strong national union organizations that prove they can stand up to the power of the big corporations will attract unorganized workers to the labor movement.

So We Have More Jobs – Low-Paid, Part-Time Ones, Lance A. Compa

Lance A Compa

[Excerpt] Granted, there have been complaints about the validity of the unemployment number in the past. Liberals have charged that it ignores people who quit looking for work, while conservatives argued that it misses those who are working "off the books" in cash-only transactions ranging from house-cleaning to illegal drugs. But the real problem with the unemployment rate is that we've devalued American employment in order to have more of it. While corporate stock prices soar to new highs, the working class is paying for this situation.

[Review Of The Book Advancing Theory In Labour Law And Industrial Relations In A Global Context], Lance A. Compa

Lance A Compa

[Excerpt] The ideas and insights in Advancing Theory are an important contribution to the on-the-ground social justice movement challenging corporate rule in the global economy. It can even help rescue labor law and industrial relations as intellectual disciplines and career trajectories for a new generation of students and practitioners excited about thinking globally and acting locally.

A World Without Work? [Review Of The Books The End Of Work And The Jobless Future], Lance A. Compa

Lance A Compa

[Excerpt] These two books take different routes to the same conclusion: This Time It's For Real. The end of work is now upon us, and the jobless future beckons. This was portended in the past--by the development of steam-powered machinery, then electrical power, then by mid-twentieth century automation reflected in numerically-controlled machine tools, and even by the first and second generations of computers--but never realized as new outlets for employment took shape. Those days are done now. Advanced computers and software are bringing into being what Jeremy Rifkin calls a "near-workerless economy."