Major Destruction of Workers Rights at NLRB Today
The National Labor Relations Board ruled today that a range of professionals are now deemed "supervisors" and thus lose all protections under labor law. That means if they say a positive thing about unions, their bosses are free to fire them at will. The AFL-CIO has more here.
To put this denial of labor rights in perspective, 32 million workers or 25% of the workforce already have no right to form a union under federal, state or local law (see this GAO report and this ARAW summary).
This includes:
Supervisors 16.6 million workers, 8 million new supervisors plus traditional 8.6 million now excluded (see EPI report)
Agricultural Workers 3 million workers
Domestic Workers 1 million workers
Independent Contractors 7 million workers
Managers 10 million workers
Employees of religious institutions 500,000 workers
Additionally, millions of public employees are excluded from labor law protections and depend on state law for whether they have any labor rights.
Beyond the official numbers excluded, in practice, the millions of undocumented workers in the country have no labor rights since when they seek for form unions, they can be fired at will by employers without financial penalty under the Hoffman Plastics decision by the Supreme Court.
Human Rights Watch has analyzed these exclusions as violations of international human rights laws covering labor rights.
See also this report by Hon. George Miller of Committee on Education and Workforce on NLRB stripping workers of rights, including denying organizing rights to disabled workers, graduate teaching assistants, and many temporary workers.
But beyond the statistics of who CAN'T be organized, these kinds of exclusions means that other workers rights are also undermined. The fact that independent contractors can't unionize means that many firms can contract out work to block or undermine unionization. Undocumented workers in the workplace can be threatened with deportation to break unions.
And the new expansive definition of "supervisor" means that more workers will be given nominal supervisory responsibilities to undermine their right to unionize-- and lock every union vote in endless delays as companies litigate who is and who is not a supervisor. Even if the workers "win", the election will probably be delayed long enough to kill the union drive.
And here are the dynamics when large numbers of workers are declared to be supervisors-- it means that friends in the workplace immediately are turned into enemies as supervisors are told to spy on their friends or lose their jobs. Instead of a union being about workers challenging the power of top management, it is turned into an internal workplace civil war.
But divide and conquer, pitting people against each other based on race, ethnicity, gender and now menial distinctions in authority on the shopfloor are the tools of the trade for the corporate rightwing. This decision is just one more bullet to the rights of working Americans.















JohnW1141
The chickens are coming home to roost for all the blue collar and union workers who vote for Republicans. These workers built the gallows Bush is using to hang them.
October 3, 2006 10:27 AM | Reply | Permalink
Historically, the discrimination against agricultural workers and domestics was aimed at blacks. According to a radio discussion show I heard on PBS, this was originally built into Social Security - a subtle, not obvious concession to racism built into the structure of our social programs.
October 3, 2006 10:42 AM | Reply | Permalink
The devil's in the details. I wonder if this story even makes the news. If this doesn't get out the union vote, I don't know what will. It's obscene.
October 3, 2006 12:14 PM | Reply | Permalink
Holy cow! I just realized that I am one of those newly defined "supervisors." Looks like I'll have to start rotating user ID's.
-- All successful revolutions are the kicking in of a rotten door. (John Kenneth Galbraith) --
October 3, 2006 12:58 PM | Reply | Permalink
I've noticed that various police departments have "benevolent associations" for supervisory ranks. These look and feel like unions. How do they operate when supervisors in general business do not?
--
Howard
*equal opportunity offense to both extremes*
October 3, 2006 1:08 PM | Reply | Permalink
This is probably an idiotic question but what if any of the newly classified "supervisors" were already in unions? Or was this a preemptive strike against workers who hadn't already formed unions? That seems difficult to do, so I was wondering if anyone had information on this issue.
October 3, 2006 2:39 PM | Reply | Permalink
I think I also remember reading that anti-Semitism was built into some of the New Deal laws (I believe it pertained to housing).
Tom
October 3, 2006 5:28 PM | Reply | Permalink