Protecting Our Right to Collectively Bargain

USW Core Values Educational SeriesIssues 1 & 2

Our union understood right from the beginning that we couldn’t rely solely on negotiations to better our members’ lives. We would also have to push our government to act. Elected officials could help us by passing legislation to make us safer on the job, help us secure pensions, get better working hours, and more. A legislative gain meant one more thing we didn’t have to bargain over. We could then focus on even greater goals in our negotiations.

We know to be powerful, we have to work for laws and policies that support us. Our core issues include: collective bargaining, safety and health, job security (trade), domestic economic issues (infrastructure investment, domestic procurement and policies that bring fairness to the workplace), health care, and retirement security. These are the fights that help us build family-supportive, good jobs and strong communities. They reflect our values and a vision of the America that works for workers.

Over the next few weeks, Rapid Response will be doing a series of educational pieces around these core issues and how we work to protect them. This is the first of that series.

Collective Bargaining, Our Right to Organize, and an Anti-Union NLRB

  • Our legally-protected right to organize and collectively bargain – Franklin Delano Roosevelt signed the National Labor Relations Act (NLRA) in 1935, creating a clear legal pathway for workers to join together to form labor unions and bargain collectively for better wages and working conditions. It also established the National Labor Relations Board (NLRB). The NLRB is tasked with overseeing union elections and handling labor rights violations. It is governed by a five-person board (one member’s term expires each year) and a General Counsel (four-year term), all of whom are appointed by the President with the consent of the Senate.
  • Anti-union NLRB appointees – Two recently-appointed Board members have long histories working for corporations to advance anti-worker and anti-union decisions. Bill Emanuel was a shareholder at Littler Mendelson and Chairman John Ring was a partner at Morgan Lewis, two of the largest union avoidance firms in the US. The Board takes their guidance from its General Counsel, Peter Robb.
  • A General Counsel with a history of breaking unions – Robb, a notorious anti-union crusader, has worked for a series of union-busting law firms and, in 1981, was instrumental in President Reagan’s firing of striking air traffic controllers, one of the most notorious labor actions in U.S. history. Almost immediately upon assuming his role as general counsel, Robb issued a memo outlining the categories of cases issued by the NLRB under the prior Administration, for which he may seek to overturn precedent. The majority of those cases were wins for unions.

 To find out more about our core issues, click HERE.

For decades, CEOs and their well-heeled lobbyists have found allies in anti-union lawmakers. These partnerships have resulted in anti-union laws like so-called right to work and the appointment of judges who are quick to rule against us. And, as we’ve seen in the past few years, they’re also tilting power away from workers thanks to a team of corporate appointees at the National Labor Relations Board (NLRB), the very agency charged with safeguarding the rights of workers to organize and engage in collective bargaining.

Many of these decisions from the NLRB aren’t making headlines, but they matter a great deal for our ability to get, secure, and enforce good contracts. Some of the rules the Board is overturning have existed for decades. Here are just a few examples:

How do we reverse these trends? It is critical that Congress hold the NLRB accountable. Lawmakers must also prioritize reforms that will restore the original promise of 1935’s National Labor Relation Act, which has eroded over time. Our union has done that work by pushing for passage of the Protecting the Right to Organize (PRO) Act, which was successful in the House but was stopped in the Senate. It’s also critical to have people in all decision-making positions in our government who will encourage and promote the formation of unions and the practice of collective bargaining.

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