This article by Michael Goldfield and Cody R. Melcher introduces a new “Moments of Rupture” series from Organizing Upgrade, meant to draw lessons from prior key historic moments for organizers today.
Some freelancers have come out against the PRO Act, insisting that the pro-labor bill threatens their livelihoods. But they needn’t worry: the bill would transform labor relations for the better, it wouldn’t “kill” freelancing.
The NLRB has found these forced arbitration agreements interfere with workers’ right to engage in concerted activity for their mutual aid and protection, in violation of the NLRA.
At the center of the liberal democratic system, workers have fiercely resisted exploitation through the development of worker-based organizations rooted in the ideal of paving the road to a classless and democratic society. All those seeking greater labor militancy must recognize that traditional unions are unable to escape the trap set in the 1930s through fidelity to the collective bargaining agreement. [An earlier version was published by CounterPunch.]
This is the last installment of our National Labor Relations Act Judicial Amendment series, but it is not the end this issue. You will see that we provide action information, so that you can participate in a rebirth of the NLRA. There are many doors and windows through which you can enter this struggle. We encourage you to make suggestions in the comments section about ideas for restoring the NLRA, and please invite people to read the series.
In the Lechmere case, the Supreme Court rejected the clear language of the NLRA and Congress' intent by judicially amending the NLRA to limit the definition of employee to "an employee of an employer." In doing so, the court gave greater weight to the employer's property rights, which are nowhere mentioned in the NLRA, than to the clearly protected rights of the employees to join together.
Some argue that the National Labor Relations Act has always been a fatally flawed law that was incapable of keeping its promises of promoting employees' rights to form and join unions and to provide mutual aid and support to one another. But is that true?
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