On the state level, labor has consistently found itself on the defensive against increased intrusions on labor rights. But amending the Civil Rights Act to protect the right to organize could help set the stage for national labor law reform.
What legislative goal might inspire all workers—union and non-union alike? Due process rights at work could be the answer. The United States is alone among industrialized countries in allowing at-will employees (i.e. most of the 88.7 % without a union contract) to be terminated for arbitrary reasons. As a result of past labor movement lobbying, Germany, France, Japan, Sweden, the United Kingdom, and South Africa all require employers to demonstrate they have “just cause”
Recent events have begun to cause labor activists to seriously consider if a hamstrung NLRB, and emboldened employers, could potentially inspire some unions to push the limits of labor law to try alternative means that are outside the law or if they can and should borrow the strategies used by the NAACP and the NAACP Legal Defense Fund to expand civil rights.
Spread the word