>Date: Thu, 29 Jul 1999 16:18:03 -0400
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>From: Robert Weissman <[EMAIL PROTECTED]>
>To: Multiple recipients of list CORP-FOCUS <[EMAIL PROTECTED]>
>Subject: One-Sided Class Warfare in the USA
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>An Outsiders' View of the One-Sided Class Warfare in the USA
>By Russell Mokhiber and Robert Weissman
>
>"While in theory U.S. law provides for workers to have freedom of
>association, the right to join trade unions and participate in collective
>bargaining is in practice denied to large segments of the American
>workforce in both the public and the private sectors."
>
>That is the central conclusion of a new report issued by the
>Brussels-based International Confederation of Free Trade Unions (ICFTU)
><http://www.icftu.org/english/els/escl99wtousa.html>.
>
>Sometimes it takes an outsider to put matters in perspective. Those living
>in a society may become dulled to its everyday injustices; or key elements
>of society may be hidden from the view of many; or people may come to view
>their culture as the natural state of things, rather than the particular
>result of a certain social arrangement.
>
>It was this outsider's point of view that enabled Alexis de Tocqueville to
>write one of the still-great political sociological critiques of the
>United States, Democracy in America.
>
>And this same perspective enables the ICFTU researchers to plainly,
>directly and concisely convey the widespread sabotage of worker rights in
>the United States.
>
>Here's what the report details with piercing clarity:
>
>* "Employers receive legal protection for extensive interference in the
>decision of workers as to whether or not they wish to have union
>representation. This includes active campaigning by employers among
>employees against union representation as well as participating in
>campaigns to eliminate union representation."
>
>* "Penalties for breaking the law are so limited and ineffective that
>there is a high level of corporate lawlessness with respect to labor law.
>At least one in 10 union supporters campaigning to form a union is
>illegally fired."
>
>* Employers engage in widespread harassment and intimidation against union
>supporters. Often the consultants, detectives and security firms used to
>intimidate workers engage in "surveillance of union activists in order to
>discredit them. In some cases, court, medical and credit records of union
>activists are obtained and the family lives of activists are studied for
>possible weaknesses."
>
>* Many government workers, the report notes, are denied the right to
>strike or bargain collectively over hours, wages and other critical
>issues. Nearly half of public workers suffer from full or partial denial
>of collective bargaining rights.
>
>Union supporters who suffer from illegal firings, harassment, surveillance
>or improper employer electioneering do not have adequate remedies at the
>National Labor Relations Board. NLRB procedures, ICFTU correctly states,
>"do not provide workers with effective redress in the face of abuses by
>employers." NLRB delays and inability to award damages more than job
>reinstatement and lost wages (minus earnings during the period between
>illegal dismissal and NLRB order) are so severe that many wronged union
>supporters simply do not bother filing a case with the NLRB.
>
>Employers also routinely eviscerate the rights of those workers who are
>unionized:
>
>* "The law gives employers the 'free play of economic forces.' If
>employers cannot get what they want through collective bargaining, they
>can unilaterally impose their terms, lock out their employees, and
>transfer work to another location, or even to another legal entity." The
>ICFTU reports refers to Crown Central Petroleum's lockout of 250 Texas
>workers as an example.
>
>* "An increasing number of employers have deliberately provoked strikes to
>get rid of trade unions. Unacceptable demands are made of workers and are
>often accompanied by arrangements for the recruiting and training of
>strike-breakers."
>
>* Strike-breakers are also used to prevent unions from ever reaching a
>first contract.
>
>* And, in one of the great travesties of the U.S. legal system, while the
>law does prohibit the firing of workers for exercising collective
>bargaining rights, at the same time it permits employers to lock out and
>"permanently replace" those workers.
>
>The ICFTU report also criticizes the United States for permitting
>widespread use of child labor, especially in the agricultural industry and
>among migrant workers; and, in a growing number of cases, permitting
>prisoners to be compelled to work for pay (for rates as low as 23 cents a
>day).
>
>"A series of far-reaching measures need to be taken in order to establish
>genuine respect for core labor standards within the United States,
>particularly with regard to trade union rights," the ICFTU report modestly
>concludes.
>
>Because the report was prepared as a submission to the World Trade
>Organization, it emphasizes the importance of the United States ratifying
>International Labor Organization conventions on core worker rights.
>
>But something much more fundamental is needed before the systematic
>assault on U.S. worker rights is ended. Comprehensive labor law reform is
>imperative; even more important is an upsurge in labor organization and
>militancy, with workers forcing employers to recognize their rights
>irrespective of legal enforcement.
>
>The awesome challenge, of course, is how to generate that militancy and
>organizing burst when U.S. corporations are ruthless enough to fire one in
>ten union supporters.
>
>(c) Russell Mokhiber and Robert Weissman
>
>Russell Mokhiber is editor of the Washington, D.C.-based Corporate Crime
>Reporter. Robert Weissman is editor of the Washington, D.C.-based
>Multinational Monitor. They are co-authors of Corporate Predators: The
>Hunt for MegaProfits and the Attack on Democracy (Common Courage Press,
>1999, http://www.corporatepredators.org.)
>
>------------------------------------------------------
>
>Focus on the Corporation is a weekly column written by Russell Mokhiber
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