No Justice for U.S. Workers at the National Labor Relations Board

By Stewart Acuff, TomPaine.com. Posted November 27, 2007.

During the week of November 15, thousands of union members and their allies marched, rallied, handbilled, phoned in, did street theater and otherwise raised hell at the offices of the National Labor Relations Board (NLRB) in more than 20 cities across the the United States.

One thousand people rallied at the AFL-CIO headquarters in Washington on November 15 and marched to the national headquarters of the NLRB, where they rallied again and demanded that the Labor Board be closed for renovations until a new governing board could be appointed by a new president.

That demand was echoed vigorously from Albuquerque to Albany and from Nashville to Denver.

What caused the uproar?

The National Labor Relations Board (NLRB) is charged with administering the National Labor Relations Act. That act, passed in 1935, regulates workers' rights and labor relations in most of America's private sector.

According to its preamble, the act was passed to encourage collective bargaining, freedom of association and worker organization.

Yet during the last half of September and the first half of October, the NLRB handed down 61 decisions that further restrict and weaken already shamefully weak and ineffective workers rights in America.

First, the decisions make it harder for workers to form a union through a majority sign up. Most workers who form a union in this country these days do so through a majority sign up process. That is because the NLRB elections system is so broken that workers avoid it when they can. The Chamber of Commerce and Big Business are at war against workers' freedom to form unions through majority sign up, and it looks like they have successfully enlisted the Board on their side. Second, the decisions make it harder for workers who are illegally fired to recover back pay. Third, for workers who come to a job intending to try to form a union, these decisions have created a legalized form of job discrimination. Union supporters who are illegally denied employment are treated as second-class workers.

Finally, Justice delayed is justice denied. The language used by this Labor Board in the Dana decision will be used by the corrupt corporate and radical right-wing forces as arguments against passage of the fair and urgently needed Employee Free Choice Act.

But this is not the first time the Bush Labor Board has gone out of its way to weaken workers' rights, especially the freedom to form unions and bargain collectively. Since Bush was inaugurated, his board has acted regularly to deny collective bargaining and organizing protection to millions of workers across our country and throughout our economy. They took away Labor Board coverage from many disabled workers, university and graduate employees, and others. Then last year, in the infamous Kentucky River and Oakwood cases, they caused as many as 8 million non-supervisory, non-management workers to be inaccurately labeled as supervisors so that they would be denied collective bargaining coverage and any opportunity to form a union?and so that many who had already organized could have their union busted.

See more stories tagged with: labor, employee free choice act

Stewart Acuff is the AFL-CIO's national organizing director.

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