Portside

When workers want to vote on whether to form a union, they should have a fair chance to do so. The National Labor Relations Board is set to issue rules that aim to do that. A rule that Romney scorched and judges killed is being revived by Obama appointees. While the proposed rule is a basic step toward protecting workers' rights, much more needs to be done to fully address the significant challenges people face when they try to come together for a voice on the job.

Retail giant faces trial over its campaign to snuff out worker strikes. The NLRB complaint, similar to an indictment, lists incidents involving more than 60 workers in 34 states, as well as a Wal-Mart official's warning on national television to workers not to participate in Black Friday actions.

In this latest battle over appointments to the NLRB, class divisions emerged starkly. “There’s an open conspiracy among corporate law firms, federal judges—many of whom used to be in the same firms—the U.S. Chamber of Commerce, and the Republican Party—particularly its senators,” says Larry Cohen, president of the Communications Workers of America. This [NLRB debate ultimately] is a question of which side are you on?

The National Labor Relations Act protects the right of employees to join together to improve their working conditions. The collective power of union membership is designed to balance the power of employees with that of employers, who can increase their power by incorporating or forming partnerships. Employees can also be more powerful together by filing class action lawsuits to enforce their rights under employment laws other than the NLRA.

The firings are almost certainly illegal retaliation under the National Labor Relations Act, but workers may have to wait to see justice carried out. The labor board has a slow process even in good times, but in recent years it has been declawed by Congressional Republicans—who have obstructed the appointment of board members, leaving the board without a quorum to conduct business.

Reader Comments - March on Washington; Even McDonald's Thinks Its Workers Need $15; NLRB, Chris Hedges and the Pequod; Labor & Obamacare; Greens and Fracking; Saving Underwater Homes at the Local Level; Low-Wage Workers; R.I.P. - Fred Hicks (Louisville); Henri Alleg - Journalist who revealed French torture in Algeria; Announcements: Pastor's Message to Cuba; Celebrate Nelson Mandela's Life - Berkeley - July 21; Confronting the Climate Crisis - San Francisco - Aug 2

There is no valid reason to block President Obama’s nominees, all of whom would bring deep and varied backgrounds to the job.

The NLRA would not be powerless if it were interpreted as written and as Congress intended. The law still has the power to transform labor relations and give employees fair treatment, if only we will defend that power. The erosion of NLRA rights through past and current "interpretations" continues to deprive workers of their rights and weaken unions.