As discussed on today's BradCast, support for labor unions in the U.S. is now near all-time highs. At the same time, the lawlessness by major companies willingly and repeatedly violating labor law is through the roof. [Audio link to full show is posted below.]

Last week, by way of just one example, a federal Administrative law judge found Starbucks had committed "egregious" violations of labor law in just one case that combined unfair labor practices charges at 21 union stores in the Buffalo, New York area alone. In fact, the National Labor Relations Board (NLRB) has brought some 75 complaints against the coffee company accusing them of more than 1,000 illegal actions over just the past year or two.

Despite a newly aggressive, pro-labor, pro-union NLRB under President Biden and an explosion of unionization efforts over the past two years at hundreds of shops and facilities owned by firms like Starbucks, Amazon, Apple, REI and Chipotle, those companies have spent tens of millions on attorneys specializing in breaking unions, according to our guest today.

DR. NELSON LICHTENSTEIN, author and longtime professor of labor history at Univ. of California, Santa Barbara, joins us today to discuss both the successes and obstacles faced by the new union movement rising in the U.S. since he was here in 2021. While the companies mentioned have long attempted to project a friendly, progressive image to the public, they have been very aggressive in attempting, frequently unlawfully, to block unionization of stores and facilities around the country. Firing workers who support unions; shutting down shops where union votes have been requested and/or have succeeded; and, where union votes have succeeded, companies have simply refused to negotiate union contracts. That "is par for the course," Lichtenstein argues.

He cites "almost fifty years of specialized anti-labor law firms" now being employed by those companies. "And it works! Why change it?," he quips. "Despite the public relations hit that it has had for Starbucks and the other companies, the managers had their meetings, they've run the numbers, they've decided they'll take a small reduction in their growth and it's worth it."

"The tremendous push-back is really a tribute to the importance of unionism," says Lichtenstein. "The official line of these companies is '[unionization is] not going to change anything!'...While they are moving heaven and earth to stop the union."

Lichtenstein describes "the most aggressively pro-labor" NLRB in decades, noting "they don't have much money and they're putting together real indictments of these companies. The problem is that the NLRB doesn't really have any disciplinary tools at its command. The penalties for breaking the law are really minuscule." And, with those small penalties, these anti-union companies have simply decided that repeatedly and "egregiously" violating the law is merely the cost of doing business.

Republicans in the last Congress blocked passage of the federal Protecting the Right to Organize (PRO) Act which would make many of these violations much more painful for company management. But, Lichtenstein explains, there are already laws on the books --- both anti-trust and RICO statutes --- that could be used by the federal government to bring anti-union companies to heal by making them feel real pain for violating the law.

We discuss all of that and much more today, including what Lichtenstein attributes to the recent rise in support for unions and unionization, and whether he is optimistic or pessimistic about the current state of labor and the new unionization movement.

Also today, Desi Doyen joins us to explain some very big news from over the weekend on protecting the planet's oceans, after the U.N. sealed a landmark deal in overtime on Saturday, following a nearly 20-year effort for the framework of the U.N. Convention on the Law of the Sea. The breakthrough agreement, as she details, will help protect about 50% of the world's "high seas" which are currently outside national boundary waters or otherwise protected only by a patchwork of regional agreements.

And finally, with the clocks mercifully changing once again to Daylight Saving Time this coming weekend, it's time for our annual call to make it permanent. Once again this year, we are backed by a bipartisan effort in both the House and Senate to do just that...

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It's been another rough week in these United States and, in turn, on The BradCast. The War in Ukraine, the corrupted Supreme Court stealing freedoms from Americans, the stock market roller coaster, COVID deaths topping 1 million and beginning to rise again, along with the nation's expanding far-right authoritarian movement. But there has been at least one bright spot of late, which we're happy to spend some time covering today. [Audio link to full show is posted at the end of this summary.]

First, however, following Justice Samuel Alito's leaked draft majority opinion [PDF] that would end the Constitutional freedom for a woman's right to an abortion, subsequently mandating forced pregnancies, even due to rape and incest, in many states, the Obamas, Barack and Michelle, released an eloquent and important statement this week.

They focus on Roe v. Wade's recognition "that the freedom enshrined in the Fourteenth Amendment of the Constitution requires all of us to enjoy a sphere of our lives that isn't subject to meddling from the state --- a sphere that includes personal decisions involving who we sleep with, who we marry, whether or not to use contraception, and whether or not to bear children." If Roe is overturned, they explain, all of those so-called "unenumerated" Constitutional rights, established by the courts through decades of precedent, will all now be vulnerable to dismantling by the GOP's packed and stolen SCOTUS. They would soon be left to Big Government whims of the far Right.

Their statement also urges that it is important not to "feel helpless" in light of all of this or feel "there's nothing any of us can do." They note, as we often do, that "elections have consequence" and, "in the end, if we want judges who will protect all, not just some, of our rights, then we've got to elect officials committed to doing the same."

NEXT, we turn to a bit of brighter news amid so much darkness, about American working men and women finally standing up for themselves to organize at companies both big and small. There has been awe inspiring activity across the country in recent weeks and months to establish labor unions for collective bargaining by workers at huge, anti-union companies like Amazon and Starbucks and others.

We're joined to discuss this hopeful surge in working class Americans --- from the Right and the Left --- standing up for their labor rights by JORDAN ZAKARIN, publisher of the Progress Report newsletter and contributor to More Perfect Union. His great newsletter (worth subscribing to!) focuses on all things progressive, including "fact-based advocacy, and the voices of people organizing on the ground." This week, as we discuss today, he rounded up many of the encouraging union activities happening around the country in a piece headlined "A May Day of Momentum."

Among the points discussed, how Amazon, "known as an unbelievably abusive employer" has spent millions to defeat union drives, deploying their "union-busting handbook". Nonetheless, there was a recent historic victory by the underdog crowd-funded Amazon Labor Union last month that established the company's first union facility in the U.S. in Staten Island, New York.

Then there's Starbucks, where more than 50 shops have become unionized in recent weeks. There are several thousand more to go. But, Zakarin reports today, "it's much easier for them to do small, tight knit units of people that stick together" with unionization elections at each shop, rather than entire regions at once, as Starbucks CEO Howard Schultz would prefer.

We discuss recent successes at Kellogg's in Michigan, where their VP of Labor Relations was caught on tape describing union negotiators as "terrorists", and at Delta, the only major non-unionized airline, where, until workers there began to organize for a union vote, flight attendants were only paid for time in the air, not for the hours spent boarding and deplaning passengers!

"We're constantly finding that conditions are even worse than we expect," at such companies, says Zakarin. But "people are starting to stand up and walk out" in protest of lousy wages and horrible working conditions at many of these companies. "The more that people start to organize, the more it galvanizes others," he explains. "It really is a spark that catches. It's been really inspiring to see."

Zakarin also offers his insight on hearings held today in the U.S. Senate's Budget Committee, chaired by Sen. Bernie Sanders (I-VT), focused on withholding federal contracts from non-union companies; why this surge in union activity is now occurring; and whether or not he agrees with some who say that Joe Biden is the most pro-union President since FDR.

FINALLY today, news that oil giant Shell enjoyed their most profitable quarter in history, bringing in more than $9 billion dollars in pure profit while their post-pandemic and war-time profiteering pays off for them at the pump. Shell --- like ExxonMobil, BP, Chevron (which is also fighting its union workers) and all of the other oil majors --- continues to raise prices on consumers while pretending that it's Russia's war in Ukraine that is forcing them to bilk customers with higher and higher prices.

And, oh yeah, we finish up today with a bit of listener mail...

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The accountability train and unionization train are both chugging forward on today's BradCast. So, that's a good thing! And we've also got a news-packed catch-up episode of the Green News Report following our week off last week. [Audio link to full show is posted below this summary.]

First up, after losing at the U.S. District Court level, Donald Trump had his day before a three-judge panel at the D.C. Circuit Court of Appeals on Tuesday. He is still attempting to block the release of his White House documents related to the attack on the U.S. Capitol which he incited on January 6th in his desperate, last ditch effort to steal the 2020 election. The former President is claiming "executive privilege" to block the release of hundreds of documents, even though he is no longer President or, as the lower court judge declared just weeks ago: "Presidents are not kings and plaintiff is not President". The current President, Joe Biden, has rejected Trump's plea to invoke executive privilege to block the release of the White House records subpoenaed by the bipartisan U.S. House Select Committee investigating the January 6 attack. We detail today's hearing and the arguments made in court on both sides.

Next, in related news, Trump's former Chief of Staff, Mark Meadows, has also been subpoenaed for both documents and testimony by the House Select Committee. Like Steve Bannon before him, Meadows previously ignored those subpoenas, also claiming "executive privilege". But now that Bannon has been indicted on two federal counts of Contempt of Congress for having done so, Meadows appears to be having second thoughts. The Committee now says Meadows is cooperating and plans to sit for a deposition. The question remains as to how much he will actually share with the Committee, which still seems prepared to pull the "Contempt" trigger against him, if necessary.

Also coming up in related accountability news this week: A likely Contempt referral for low-level DoJ Trump lackey Jeffrey Clark, who the disgraced former President almost elevated to Attorney General just prior to January 6th attack, due to his willingness to lie to state legislatures that the DoJ had found fraud in the 2020 election. They didn't. Now, Clark has been refusing fully respond to the Committee's subpoenas and will hopefully pay a price for it in the coming days.

Meanwhile, in some good labor news on Monday, the National Labor Relations Board (NLRB) found in favor of the Retail, Wholesale and Department Store Union (RWDSU)'s complaint that retail giant Amazon unlawfully gamed a unionization vote at its Bessemer, Alabama warehouse earlier this year. The NLRB has now ordered a re-vote for workers this Spring, after they voted against unionization by a 2 to 1 margin following months of pressure, weekly mandatory meetings with anti-union consultants, and all other forms or propaganda from the company during the initial election.

We're joined to discuss the (seemingly) good news from the NLRB by longtime labor historian, author and Distinguished Professor at UC Santa Barbara, NELSON LICHTENSTEIN, who joined us earlier this year to discuss the initial, now nullified unionization vote in Bessemer.

The colorful Lichtenstein explains the history of similar revotes, how frequently they are ordered by the federal labor board and what the odds are of the union winning this time, given the nearly 100 percent turnover in workers at the e-commerce giant's Alabama fulfillment center since the initial vote last March. He also explains that while the NLRB found a number of violations by the company, most of the egregious stuff they did to intimidate workers --- including one-on-one pressure sessions, anti-union propaganda posted in restrooms, offers of $1,000 to quit --- is almost all actually legal under current federal law.

"Once Amazon realized that probably the election would be overturned, they once again began to hold these captive audience meetings," says Lichtenstein. "These are meetings that are called by the company as they lecture to the workers why a union is a bad thing. They're really closer to Maoist re-education camps or Stalinist coercion methods than anything else. That is happening as we speak. Plus, Amazon is also keeping tabs on who the union activists are."

"All this," he argues, "points out that we really need a completely fundamental and radical change in the labor law. And more than just the labor law --- in the whole ethos that surrounds the idea of workers having rights, a voice, and having a union."

As it turns out, there is a new labor law, the Protect the Right to Organize (or PRO) Act, currently pending in Congress. "It would make illegal these captive audience meetings, which are very, very intimidating and authoritarian. It would eliminate that. It would also increase the penalties --- the financial penalties --- on companies for violating the labor law," notes Lichtenstein, the author of some 16 books related to these issues. "Right now, how much does Amazon have to pay for its violation of the labor law, which is creating this new election? Zero. The penalties are utterly trivial."

But the odds for passage of the PRO Act at this time remain long, Lichtenstein concedes. That said, he also notes that both the recently signed bipartisan infrastructure bill and Joe Biden's still-pending Build Back Better social safety net and climate action proposal have quite a few measures that support union labor.

As the "Great Resignation" continues for workers who are finding opportunities with better pay and benefits elsewhere, while the nation tries to move on from the pandemic, Lichtenstein (who recently compared the situation to opportunities for former slaves during the Civil War reconstruction era in a Washington Post op-ed) does suggest a potential way forward for anti-union companies that now face threats of being broken up by Biden's aggressive appointees at federal agencies such as the Federal Trade Commission.

"What needs to happen is this," Lichtenstein advises, "you need to make management come to the conclusion that the lesser evil, the lesser problem in their business model, would be recognizing the union rather than facing the ire of either an aroused public or government action." He tells us that Amazon, Facebook and other Silicon Valley firms are facing a "re-invigoration of anti-trust law in the Biden Administration," which he describes as "actually very pro-labor."

Those companies, he notes, could use some friends, "and an essential ally is labor." Lichtenstein details how such alliances prevented the breakup of big chain stores under anti-trust laws in the 1930s and even at General Motors in the 1950s. "Companies like that said to the labor movement, 'Well, we'll recognize you, if you let us stay big.' And that happened!"

Finally today, Desi Doyen jams about 20 minutes (or more!) of environmental news into our latest 6-minute Green News Report in hopes of getting us at least partially caught up on so much that we missed after taking the last week off for the holiday...

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