labor rights

Fighting For Fairness For U.S. Domestic Workers

On September 17, 2013, the U.S. Department of Labor (DOL) announced the Home Care Final Rule, which extends the Fair Labor Standards Act’s (FLSA) minimum wage and overtime protections to domestic workers who provide home care assistance to the elderly, the infirm, and the disabled. The Home Care Final Rule is essential to improving the lives of two million domestic workers who, unlike other U.S. workers, are in many states not protected by the FLSA regarding minimum wage, overtime, sick leave, and vacation. Domestic work differs from other jobs in that the work takes place inside other people’s homes, which often puts domestic workers’ wellbeing at the mercy of their employers.

The exclusion of domestic workers from the FLSA was a concession to Southern politicians in the early 1900’s. It had left many homecare aides vulnerable to abuse and mistreatment by their employers. The rule was scheduled to go into effect on January 1, 2015. However, lawsuits filed by homecare corporations have hindered the change and served as an excuse for states to postpone implementation. For example, in Home Care Association of America v. Weil, U.S. District Court Judge Richard Leon vacated the portion of the Rule that prevents third-party home care providers from using the companionship services exemption, and later vacated the revised definition of companionship services.

As of July 2015, only five states have passed the Domestic Workers Bill of Rights: New York; Hawaii; California; Massachusetts; and Oregon. New York was the first state to pass the law (in July 2010) after six years of efforts by domestic workers, unions, employers, clergy and community organizations. The bill was introduced in two other states, Connecticut and Illinois, but has yet to be passed.

The Cutting Edge Of Teacher Quality

The State of Michigan is currently considering a bill that would limit collective bargaining rights among teachers. Under the proposal, paying dues would be optional. This legislation, like other so-called “right to work” laws, represents an attempt to defund and create divisions within labor unions, which severely weakens teachers' ability to bargain fair contracts, as well as the capacity of their unions to advocate on behalf of of public schools and workers in general.

Last month, Michigan State Senate Majority Floor Leader Arlan Meekoff (R- West Olive) was asked whether he thought the bill would pass. He responded in the affirmative, and added:

It's an opportunity to let teachers get farther away from union goons. That should give them a better chance to break away from the mediocrity. That should make things better for our schools and our children.

Well, there you have it, folks. We’ve been wasting our time by designing rigorous standards and overhauling teacher evaluations. The key to improving teacher quality is not training, compensation or professional development.

It’s goon proximity.

A "Decent Work" Solution To America's Jobs Crisis

Decent work? Some days, it sounds like an oxymoron, doesn’t it? It also brings to mind an old saying, favored by the AFL-CIO’s late president, Lane Kirkland, that if work were so great, the rich would have kept it for themselves.

But the truth is that work is one of life’s realities. For most people, it is the sole source of income. Work also can bring great personal satisfaction. Whether self-employed or working for a large multinational corporation, we all aspire to jobs that are interesting, safe, and pay a good wage with benefits – a job that can support a family, with something left over. Even these days, when people are happy to have ANY job, we still want THAT kind of a job: Decent work at decent pay.

But "decent work" is much more than a daydream – it is a concrete social and economic policy issue that is at the heart of a decade-long campaign by a major United Nations agency, the International Labor Organization, (ILO). Since 1999, the ILO, with support from member governments as well as employer and labor representatives, has pushed the "Decent Work Agenda". This document declares that "work is central to people's well-being." Not only does work provide income, it can bring about broad "social and economic advancement" and strengthen "individuals, their families and communities", in other words, "decent work" creates "upward mobility" or as Americans often put it, "raises all boats."

But these broader "social and economic" gains don’t come with just any work, the ILO argues.

Wisconsin: Will It Be "Cool Hand Luke" Or "Norma Rae"?

As the implications of Wisconsin Governor Scott Walker’s attack on collective bargaining begin to sink in, some local officials have eagerly embraced one possibility opened up by the new anti-bargaining law: replacing union workers with convict labor.

This is not a new idea, at least not in Racine County. Last summer, budget problems led the county to try to replace unionized seasonal workers with prison labor. Teamsters Local 43 sued, arguing that the move violated the union contract. The judge sided with the union, but changes in the state’s collective bargaining law since that time have altered the legal picture, and Racine County administrators are taking another look at the idea.

How has the new law changed things? Not only did it strip unionized workers of their right to negotiate over health care and retirement issues, it also removed their contractual rights to their jobs – in the sense that they can no longer claim that certain jobs fall within the scope of the union contract and should be filled by union workers. This gives state and local officials the ability to hire private contract workers and even prison inmates to take those positions.

This is a "win-win" situation, according to Racine County Executive Jim Ladwig. While conceding that the idea is unpopular, he argued that "once people see things are still running smoothly, running efficiently, a lot of the fears will be alleviated." While the prisoners do not get paid for their work, they may earn time off their sentences, he said.

Q: Do We Need Teachers' Unions? A: It's Not Up To Us.

I sometimes hear people – often very smart and reasonable people – talk about whether “we need teachers’ unions." These statements frequently take the form of, “We wouldn’t need teachers’ unions if…," followed by some counterfactual situation such as “teachers were better-paid." In most cases, these kinds of musings reflect “pro-teacher” sentiments – they point out the things that are wrong with public education, and that without these things unions would be unnecessary.

I’d just like to make a very quick comment about this line of reasoning, one that is intended to be entirely non-hostile. The question of whether or not “we need teachers’ unions," though often well-intentioned, is inappropriate.

It’s not up to “us." The choice belongs to teachers.

A Call For Democracy And Human Rights In The Arab States

On Oct. 22-23, a group of Arab intellectuals, politicians, and civil society advocates convened a Conference on the Future of Democracy and Human Rights in the Arab World in Casablanca. Citing the “dramatic and alarming backsliding of political reforms in the Arab world," they issued a remarkable, frank and courageous appeal to the Arab nations. The “Casablanca Call for Democracy and Human Rights” represents a powerful consensus among disparate political groups that democracy must be the foundation for social and political justice in the region. As such, it represents a signal event for Arab democrats and for friends of democracy around the world.

Among the group’s key appeals was for the right to organize free and independent trade unions. The call underscores both the courage of the signatories and the dismal situation for labor. The Middle East region has the worst trade union rights record in the world, according to a recent Freedom House report, which found that unions in the area are controlled by the government, severely repressed, or banned outright.

The group also demanded that women (and youth) be empowered to act as equal partners in the development of their own nations, and called for freedom of expression and thought for all citizens.

A Hypocritical World Bows A Little More Deeply to Workers' Rights

What to think? The UN Human Rights Council (UNHCR) last week approved by "consensus" the creation of a "Special Rapporteur" on freedom of association and assembly. Special Rapporteurs are empowered to investigate, monitor and recommend solutions to human rights problems. In this instance, the Rapporteur will review members’ compliance with a UN resolution on these fundamental rights.

The first reaction to this development, of course, must be skepticism, leavened with deep suspicion. The UNHRC’s membership is usually heavily weighted toward nondemocratic states which routinely infringe on citizens’ right to freedom of association and assembly, including many nations with a majority Muslim population. As a result, the Council, formerly the UN Commission on Human Rights, has a long record of pursuing any and all human rights allegations against Israel with single-minded fury. So, when such a body, with such a disgraceful record, creates a Special Rapporteur on any subject, it necessarily sends a shiver down the spine.

Still, it is interesting. What makes the resolution intriguing is that Russia, China, Cuba, and Libya – who love to grandstand at the Council – opposed the Special Rapporteur and "disassociated themselves" from it, though they chose not to upset the "consensus" applecart by calling for a vote. Their objections make interesting reading. To sum up, they are all for freedom of assembly and association (sort of). They just don’t need some UN guy snooping around, raising questions, talking to people, and writing reports. Even worse, if they don't cooperate with the snooper, he’ll write a report about that.

Well.

Labor Day In Hell

The new Albert Shanker Institute-supported report, The Global State of Workers’ Rights: Free Labor in a Hostile World, released on Labor Day by the human rights organization Freedom House, has received some notable attention in the press, both here and around the world. One photo essay in Foreign Policy, titled "Labor Day in Hell," illustrates 14 of the worst-offending nations, among them Belarus, North Korea, and Sudan (see the screenshot below).

Indeed, the report, which examined the state of labor rights in the world for the year 2009, found serious violations of workers’ freedoms in all parts of the world except Western Europe.　Countries were ranked on a five-category scale of Free, Mostly Free, Partly Free, Repressive, and Very Repressive.

The United States was rated as Mostly Free—the same rank accorded to Bolivia, Mongolia, Romania, and Zambia—less free than all of Western Europe and such nations as Australia, Canada, Chile, South Africa, and South Korea. As the report notes, although American law recognizes core labor rights, the U.S. political environment is "distinctly hostile to unions, collective bargaining, and labor protest." So not Hell, but not Heaven either.

Free Labor In A Hostile World

Our guest author today is Arch Puddington, director of research at Freedom House. The Global State of Workers’ Rights: Free Labor in a Hostile World, the Albert Shanker Institute-supported report he cites below, is available here. A "Map of Workers’ Rights," depicting its findings is here. 

This month marks the thirtieth anniversary of the founding of Solidarity, the independent trade union movement that played so crucial a role in the collapse of Communist rule in Poland and ultimately everywhere else where it held sway. Solidarity emerged from a series of spontaneous strikes called by workers at the shipbuilding yards of Poland’s Baltic coast cities. It quickly spread throughout the country, pulling in workers from steel works, textile mills, and coal mines. Soon, the working class was joined by the intellectual opposition, a loose movement of academics and former student activists that had been gathering momentum as the corruption of the Communist system became increasingly apparent. 

Solidarity thus quickly evolved into a broad movement for democracy, with a free-wheeling press, a diplomatic apparatus, and close ties to Poland’s influential Catholic Church. It was, however, the support of Poland’s huge working class that ensured Solidarity’s staying power. Where Communist regimes had faced down opposition stirrings among students and intellectuals in the past, it had never been confronted by an adversary as large, disciplined, and well-organized as Solidarity came to be.  

It’s worth mentioning during this U.S. Labor Day period that U.S. unions, led by individuals such as AFL-CIO President Lane Kirkland and AFT President Al Shanker (from whom this blog is named), among many others, were Solidarity’s staunchest supporters in the U.S.