On today’s BradCast: Given all of the ongoing madness, this story has not yet broken through all of the noise. But there is a concerted effort by several large corporations underway right now to undermine nearly 100 years of labor law in these United States. [Audio link to full show follows this summary.]
After some news headlines from today and the past several, we’re joined by longtime, award-winning labor journalist STEVEN GREENHOUSE, formerly of the New York Times, now at The Guardian, and author of the new book, Beaten Down, Worked Up: The Past, Present and Future of American Labor.
At The Guardian last week, Greenhouse reported on the disturbing effort now under way by a number of major corporations, including Amazon, Starbucks, Trader Joe’s and Elon Musk’s SpaceX, to have the National Labor Relations Board (NLRB) — established as part of the 89-yeard old National Labor Relations Act — declared unconstitutional by the federal courts.
The NLRB is critical to the survival of workers’ rights and the unionization of workplaces. “The NLRB functions, essentially, as a referee, as an umpire, when workers seek to unionize. It tries to get workers, unions and companies to follow certain rules,” Greenhouse explains today. “It’s illegal, for instance, for companies to fire workers for supporting a union. Starbucks is accused of this. Companies fire the leaders of unionization efforts to decapitate, to kill the effort. The NLRB comes in as the empire and blows the whistle, saying, ‘You can’t do that. You can’t fire people for supporting a union.'”
That said, the Board and its team of Administrative Judges who make determinations about violations of labor law, don’t have the power to do much more than make findings. “It doesn’t have the power to fine companies one penny for firing ten or twenty or thirty workers for supporting a union.” Thus, companies like Starbucks have been in violation of the law more than a hundreds times over the past year, but clearly see the largely non-existent “penalties” for doing so, worth the crime.
The NLRB tends to side with management when Republicans are in the White House and control the Board, and with labor when a Democrat occupies the Oval Office. Greenhouse explains that Democrats have made efforts over the years to give more muscle to the NLRB, but have been blocked, for decades, by Republicans.
Still, as weak as the NLRB is, it plays a vital role in American labor law and workers right to collectively bargain for better pay and working conditions. “Corporations have long gloated at how weak the NRLB is. But what’s really different now is that corporations, instead of just shrugging when they’re slapped on the wrist, they’re really taking a bazooka and going to court trying to have the NLRB declared unconstitutional,” Greenhouse tells me.
Even though the NLRB has “been found constitutional time and again” over the past century, now that the federal court system — including the Supreme Court — has been so thoroughly captured by rightwing judges, these companies appear to be trying to gut the entire apparatus. And they may get away with it. Unions “fear that the Supreme Court and many judges have moved so far to the right that they are ready to blow up the system of federal agencies that generally has worked very well, over the past 90 years, protecting workers, protecting consumers, protecting investors.”
But, Greenhouse warns, these companies “should be careful what they wish for.” Finding the NLRB or the Act itself unconstitutional could return labor law to “the law of the jungle”, as one labor expert cited in Greenhouse’s report suggests. It could also work out much worse for the companies themselves than they may be realizing.
Tune in today for much more on all of the above.
Then, we dive into a bit more detail on some of the news of note since last week, including dictator Vladimir Putin‘s illegitimate reelection over the weekend to a third term — and third decade — of rule in Russia, and Donald Trump‘s claim that he is unable to come up with a bond to cover the $464 million fine he, his company, and his top execs (including his two eldest sons) now owe in New York after being found liable for years of massive bank, tax and insurance fraud…
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