Our human rights are under attack.
On December 10, 1948, more than 80 percent of United Nations member states adopted the Universal Declaration of Human Rights, which includes the right to freedom of peaceful assembly and the right to form and join trade unions. Because the freedom to form unions is a human right, employers, our government, and all of us have an obligation to uphold and defend it like other human rights, including freedom of speech and religion.
Across the country, Jobs with Justice Workers’ Rights Boards are documenting the problems workers face when they try to stand up for their rights on the job. Workers’ first-hand accounts tell a chilling tale about the erosion of democracy in our workplaces.
“It was my firm belief that, in coming to this country, I would be protected under United States law and would be working under safe, humane conditions for wages that I would be able to support myself and my family on. I was sorely disappointed to discover that at Sterling Laundry, this was not the case.” - Mariana Alberti, Sterling Laundry worker, Washington, DC
“My manager knew that I wanted to join the union and she told me that if I wanted a promotion I was going to have to be quiet and change my attitude.” - Greta Casey, 10-year employee at Brylane Warehouse in Indiana
“I’ve seen over the years the hotel staff try to organize and every time they are fired. There was a lot of excitement and I thought if we all do it we could win. I was fired for signing a union card!” - Latheal Johnson, 10-year Atheneum Hotel Maintenence Worker, Detroit, MI
“They held the anti-union meetings that we had to attend. They told employees that they would lose all benefits if the union was voted in... We have had employees fired and disciplined on trumped-up charges, and I happen to be one of them for putting a little sticker on a piece of wood saying ‘St. Gobain: Respect Democracy’.” - Anthony Quitadamo, St. Gobain manufacturing employee, Worcester, MA
More than 41 million workers say they want a union, but here are the facts according to a Cornell University study:
- 25% of employers illegally fire at least one activist during a union campaign
- 75% hire professional anti-union consultants
- 92% force workers to attend mandatory closed door meetings against forming a union
- 51% threaten to close their facilities or slash jobs if workers vote for a union
“The community does not know what happens to workers when they try to organize unions. Before I joined the Workers’ Rights Board and heard the testimony of workers who had tried to organize a union, I did not realize that workers’ rights are routinely violated in the United States.” - Reverend Bob Strommen, United Church of Christ, Cleveland Workers’ Rights Board member
Why are unions important for working people?
When workers are denied the right to bargain with their employers about the conditions of their employment, our society becomes less just, less equal, and less democratic. Wages lag, race and gender pay gaps widen, the social safety net is strained, civic and political participation is undermined, and corporate greed and power go unchecked.
When working people form unions, the workers and the community benefit.
For workers, being a union member can mean the difference between living above or below the poverty line. U.S. Department of Labor statistics demonstrate that union members’ wage rates are 27% higher than those of workers who do not belong to unions.
Unions are vital in helping workers fight for and win health care coverage. Given the current health care crisis and employers’ efforts to shift rising health care costs to workers, unions are working harder than ever to ensure everyone has access to affordable quality health care. Workers who are union members are also more likely to be eligible for paid leave for sick days and vacations, and to have a pension plan.
Organized workers make a difference beyond the workplace. States where many workers are union members have lower poverty rates, better schools, more people with health insurance, and less crime than states where few people are union members. Workers whose democratic rights are respected in the workplace are also more politically engaged and motivated to vote. Higher civic participation then leads to better public policies that serve the needs of the entire community.
Unions help working people pass laws that protect everyone.
Labor unions have been an important part of campaigns to strengthen our social safety net. Unions are an organized voice for poor and working families that advocate for laws and policies that benefit us all. But as union membership has declined and workers’ political influence has eroded, it has become harder to pass new legislation that protects working people. For example, the efforts to privatize Social Security, eliminate overtime pay, weaken occupational safety rules, and pass sham prescription drug legislation are just some of the ways that laws that benefit us all are being eaten away.
Unions have also proven to be powerful allies in local and state policymaking. Some examples of Jobs with Justice campaigns that engage unions in helping local policies and legislation that benefit working families include the passing of the Fairness Ordinance in Louisville, KY; the Statewide Class Size Initiative in Florida, and the passing of Living Wage Ordinances in dozens of cities across the U.S.
Why aren’t our rights being protected?
The National Labor Relations Board (NLRB) was established in 1935 to protect workers’ rights to organize and bargain collectively. Like a court, it is the NLRB’s job to hear and mediate disputes between workers and employers. But today, the NLRB and federal labor law have been weakened and are inadequate to counter modern union-busting tactics. The system for protecting the rights of workers is broken.
“Our findings are disturbing to say the least. Loophole-ridden laws, paralyzing delays, and feeble enforcement have led to a culture of impunity in many areas of U.S. labor law and practice. Legal obstacles tilt the playing field so steeply against workers’ freedom of association that the United States is in violation of international human rights standards for workers.” - Human Rights Watch Executive Director Kenneth Roth
Often, workers must wait months if not years for a decision from the NLRB. Companies spend millions of dollars each year to appeal unfavorable NLRB rulings. A Human Rights Watch Report found that the freedom of association is under “severe, often buckling pressure... U.S. labor law is feebly enforced and filled with loopholes. Some workers still succeed in organizing new unions, but only after surmounting major obstacles.” The study found that workers face reprisals for trying to organize unions, that there are inadequate penalties for employers who violate labor law, that procedural delays deter and block worker organizing and bargaining, and that current labor laws undermine the right to strike and exclude millions of workers from eligibility.
“The law has done precious little to protect us. While the union has filed unfair labor practice claims on behalf of the employees who were terminated, it could take months or even years for a final resolution... The employer has deep pockets and time on his side. The employees have a legal process that is long on process and short on justice.” - Woody Bebout, former employee at Skagit motorcycle dealership, Burlington, WA
“The NLRB ordered the company to bargain, and they have just ignored the order! There is no end in sight when employers don’t obey the law, because there are no strong penalties.” - Peter Balint, Atlas Cinemas employee, Cleveland, OH
We are fighting for change.
Today, workers are not alone in their fight for fairness. Jobs with Justice (JwJ) is bringing together diverse coalitions of labor, community, student and religious organizations to fight for workers’ rights and economic justice. Building a culture of solidarity through local JwJ coalitions means that groups and their members support one another’s struggles. A cornerstone of Jobs with Justice is the “I’ll Be There” Pledge: “During the next year, I’LL BE THERE at least 5 times for someone else’s fight, as well as my own. If enough of us are there, we’ll all start winning.”
Instead of relying on a broken legal system to protect workers’ rights, in 1993 Jobs with Justice began building local Workers’ Rights Boards (WRBs). In 20 cities around the country, the WRB is a public forum for workers to bring complaints against employers for violating their rights in the workplace. The Boards are made up of a broad range of community leaders including clergy, academics and elected officials. The makeup of the boards is diverse, reflecting the fact that workers’ rights are civil rights – after all, workers are also neighbors, people of faith, students and their parents, taxpayers and more.
WRB members can intervene with employers and the public to help resolve situations that threaten workers’ rights. The WRBs attempt to resolve situations in a variety of ways, including: investigating complaints, meeting with workers and employers, holding public hearings or press conferences, and participating in community events to raise awareness about workers’ rights. Where the withered legal framework can be slow to move, the WRBs can spur important action.
There is now a proven track record that these locally based boards can be effective in addressing workers’ and community concerns. From 2000-2003 alone, Jobs with Justice Workers’ Rights Boards have helped over 15,000 workers to form unions in their workplaces.
Your action to defend our human rights is critical.
There is a simpler, more streamlined process that some employers are already using to ensure that workers’ freedom to choose union representation is protected. Under this process, the employer agrees to recognize the union once a majority of workers have signed cards that say they want to join.
Support the Employee Free Choice Act
New bipartisan legislation (H.R. 3619 and S. 1925) introduced in Congress will help fix the broken process through which workers form unions. For a list of Senators and Congressmen who are co-sponsoring the Employee Free Choice Act, visit www.jwj.org/workplace/EFCA/cosponsors.htm. In simple terms, the Employee Free Choice Act aims to:
1. Speed the process that certifies whether a majority of workers at a company want to form a union.
2. Speed the process of negotiating a first union contract.
3. Increase penalties for employers who violate workers’ rights.
Take Action Now!
• Tell your Representatives to support the Employee Free Choice Act.
• Contact your Local Jobs with Justice Coalition to see how you can get involved in local struggles for workers’ rights.
• Sign up for the Jobs with Justice E-Activist Network to take action online and to receive updates on campaigns for workers’ rights. |