The Cambridge Handbook of Labor and Democracy


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We are currently witnessing some of the greatest challenges to democratic regimes since the 1930s, with democratic institutions losing ground in numerous countries throughout the world. At the same time organized labor has been under assault worldwide, with steep declines in union density rates. In this timely handbook, scholars in law, political science, history, and sociology explore the role of organized labor and the working class in the historical construction of democracy. They analyze recent patterns of democratic erosion, examining its relationship to the political weakening of organized labor and, in several cases, the political alliances forged by workers in contexts of nationalist or populist political mobilization. The volume breaks new ground in providing cross-regional perspectives on labor and democracy in the United States, Europe, Latin America, Africa, and Asia. Beyond academia, this volume is essential reading for policymakers and practitioners concerned with the relationship between labor and democracy.




United States Code


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Why Labor Organizing Should be a Civil Right


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American society has grown dramatically more unequal over the past quarter century. The economic gains of American workers after World War II have slowly been eroded--in part because organized labor has gone from encompassing one-third of the private sector workers to less than one-tenth. One reason for the labor movement's collapse is the existence of weak labor laws that, for example, impose only minimal penalties on employers who illegally fire workers for trying to organize a union. Attempts to reform labor law have fallen short because labor is caught in a political box: To achieve reform, labor needs the political power that comes from expanding union membership; to grow, however, unions need labor law reform. "Labor Organizing as a Civil Right" lays out the case for a new approach, one that takes the issue beyond the confines of labor law by amending the Civil Rights Act so that it prohibits discrimination against workers trying to organize a union. The authors argue that this strategy would have two significant benefits. First, enhanced penalties under the Civil Rights Act would provide a greater deterrent against the illegal firing of employees who try to organize. Second, as a political matter, identifying the ability to form a union as a civil right frames the issue in a way that Americans can readily understand. The book explains the American labor movement's historical importance to social change, it provides data on the failure of current law to deter employer abuses, and it compares U.S. labor protections to those of most other developed nations. It also contains a detailed discussion of what amending the Civil Rights Act to protect labor organizing would mean as well as an outline of the connection between civil rights and labor movements and analysis of the politics of civil rights and labor law reform.




The Blue Eagle at Work


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In The Blue Eagle at Work, Charles J. Morris, a renowned labor law scholar and preeminent authority on the National Labor Relations Act, uncovers a long-forgotten feature of that act that offers an exciting new approach to the revitalization of the American labor movement and the institution of collective bargaining. He convincingly demonstrates that in private-sector nonunion workplaces, the Act guarantees that employees have a viable right to engage in collective bargaining through a minority union on a members-only basis. As a result of this startling breakthrough, American labor relations may never again be the same. Morris's underlying thesis is based on a meticulous analysis of statutory and decisional law and exhaustive historical research.Morris recounts the little-known history of union organizing and bargaining through members-only minority unions that prevailed widely both before and after passage of the 1935 Wagner Act. He explains how vintage language in the statute continues to protect minority-union bargaining today and how those rights are also guaranteed under the First Amendment and by international law to which the United States is a committed party. In addition, the book supplies detailed guidelines illustrating how this rediscovered workers' right could stimulate the development of new procedures for union organizing and bargaining and how management will likely respond to such efforts.The Blue Eagle at Work, which is clear and accessible to general readers as well as specialists, is an essential tool for labor-union officials and organizers, human-resource professionals in management, attorneys practicing in the field of labor and employment law, teachers and students of labor law and industrial relations, and concerned workers and managers who desire to understand the law that governs their relationship.







Disintegrating Democracy at Work


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The shift from manufacturing- to service-based economies has often been accompanied by the expansion of low-wage and insecure employment. Many consider the effects of this shift inevitable. In Disintegrating Democracy at Work, Virginia Doellgast contends that high pay and good working conditions are possible even for marginal service jobs. This outcome, however, depends on strong unions and encompassing collective bargaining institutions, which are necessary to give workers a voice in the decisions that affect the design of their jobs and the distribution of productivity gains. Doellgast’s conclusions are based on a comparative study of the changes that occurred in the organization of call center jobs in the United States and Germany following the liberalization of telecommunications markets. Based on survey data and interviews with workers, managers, and union representatives, she found that German managers more often took the "high road" than those in the United States, investing in skills and giving employees more control over their work. Doellgast traces the difference to stronger institutional supports for workplace democracy in Germany. However, these democratic structures were increasingly precarious, as managers in both countries used outsourcing strategies to move jobs to workplaces with lower pay and weaker or no union representation. Doellgast’s comparative findings show the importance of policy choices in closing off these escape routes, promoting broad access to good jobs in expanding service industries.




A Collective Bargain


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From longtime labor organizer Jane McAlevey, a vital call-to-arms in favor of unions, a key force capable of defending our democracy For decades, racism, corporate greed, and a skewed political system have been eating away at the social and political fabric of the United States. Yet as McAlevey reminds us, there is one weapon whose effectiveness has been proven repeatedly throughout U.S. history: unions. In A Collective Bargain, longtime labor organizer, environmental activist, and political campaigner Jane McAlevey makes the case that unions are a key institution capable of taking effective action against today’s super-rich corporate class. Since the 1930s, when unions flourished under New Deal protections, corporations have waged a stealthy and ruthless war against the labor movement. And they’ve been winning. Until today. Because, as McAlevey shows, unions are making a comeback. Want to reverse the nation’s mounting wealth gap? Put an end to sexual harassment in the workplace? End racial disparities on the job? Negotiate climate justice? Bring back unions. As McAlevey travels from Pennsylvania hospitals, where nurses are building a new kind of patient-centered unionism, to Silicon Valley, where tech workers have turned to old-fashioned collective action, to the battle being waged by America’s teachers, readers have a ringside seat at the struggles that will shape our country—and our future.




The Cambridge Handbook of U.S. Labor Law for the Twenty-First Century


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Over the last fifty years in the United States, unions have been in deep decline, while income and wealth inequality have grown. In this timely work, editors Richard Bales and Charlotte Garden - with a roster of thirty-five leading labor scholars - analyze these trends and show how they are linked. Designed to appeal to those being introduced to the field as well as experts seeking new insights, this book demonstrates how federal labor law is failing today's workers and disempowering unions; how union jobs pay better than nonunion jobs and help to increase the wages of even nonunion workers; and how, when union jobs vanish, the wage premium also vanishes. At the same time, the book offers a range of solutions, from the radical, such as a complete overhaul of federal labor law, to the incremental, including reforms that could be undertaken by federal agencies on their own.




The Origins of Right to Work


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"Right to work" states weaken collective bargaining rights and limit the ability of unions to effectively advocate on behalf of workers. As more and more states consider enacting right-to-work laws, observers trace the contemporary attack on organized labor to the 1980s and the Reagan era. In The Origins of Right to Work, however, Cedric de Leon contends that this antagonism began a century earlier with the Northern victory in the U.S. Civil War, when the political establishment revised the English common-law doctrine of conspiracy to equate collective bargaining with the enslavement of free white men. In doing so, de Leon connects past and present, raising critical questions that address pressing social issues. Drawing on the changing relationship between political parties and workers in nineteenth-century Chicago, de Leon concludes that if workers’ collective rights are to be preserved in a global economy, workers must chart a course of political independence and overcome long-standing racial and ethnic divisions.




Workers, Collectivism and the Law


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Workers, Collectivism and the Law offers a captivating historical account of worker democracy, from its beginnings in European guild systems to present-day labor unions, across the national legal systems of Germany, Sweden, the United Kingdom and the United States. Analysing these legal systems in light of a Habermasian concept of participatory democracy, Laura Carlson identifies ways to strengthen individual employee voice in claims against employers.