LISTSERV mailing list manager LISTSERV 16.5

Help for PORTSIDELABOR Archives


PORTSIDELABOR Archives

PORTSIDELABOR Archives


PORTSIDELABOR@LISTS.PORTSIDE.ORG


View:

Message:

[

First

|

Previous

|

Next

|

Last

]

By Topic:

[

First

|

Previous

|

Next

|

Last

]

By Author:

[

First

|

Previous

|

Next

|

Last

]

Font:

Proportional Font

LISTSERV Archives

LISTSERV Archives

PORTSIDELABOR Home

PORTSIDELABOR Home

PORTSIDELABOR  July 2011, Week 3

PORTSIDELABOR July 2011, Week 3

Subject:

The Real Issue in the Boeing Case: The Right to Strike

From:

Portside Labor <[log in to unmask]>

Reply-To:

[log in to unmask]

Date:

Fri, 15 Jul 2011 22:04:15 -0400

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (164 lines)

The Real Issue in the Boeing Case: The Right to Strike

By Joe Burns	

July 13, 2011

In These Times

http://www.inthesetimes.com/working/entry/11620/

To Republicans presidential candidates, the National
Labor Relations Board's (NLRB) decision to issue a
complaint against the Boeing corporations shows a
pro-labor administration run amuck. To many labor
supporters, the decision signals an Obama
administration, after years of neglect, finally taking a
stand for labor rights. In reality, the Boeing case
stands for something far different: how depressingly
little remains of the right to strike in the United
States.

The NLRB alleges Boeing retaliated against strike
activity by members of the International Associations of
Machinists (IAM) by transferring a line of production of
the 787 Dreamliner aircraft from Washington State to
South Carolina. Boeing CEO Jim McNerney publicly stated
that Boeing built the billion-dollar facility in South
Carolina because of "strikes happening every three to
four years in Puget Sound." The NLRB cites an impressive
line of cases holding such comments unlawful.

On June 30, Administrative Law Judge Clifford Anderson
rejected Boeing's motion to dismiss the complaint for
failure to state a claim. "This reaffirms what we have
said all along, that Boeing provided no facts or legal
basis as to why the case should be dismissed," said
Connie Kelliher, spokeswoman for Machinists Union
District Lodge 751. "The case will now proceed to a
trial, as it should, on its merits."

The words of the Wagner Act, passed in 1935 during the
heart of the Great Depression, ring clear with support
for collective bargaining and the right to strike.
"Employees shall have the right" declares the Act " ... to
bargain collectively through representatives of their
own choosing, and to engage in other concerted
activities for the purpose of collective bargaining or
other mutual aid or protection."

Congress made it a violation of law for employers to
interfere with such rights. Supporters of the Act
believed collective bargaining backed by a strike could
level income inequality, stimulate the economy by
increasing purchasing power and bring democracy to
workplaces.

However, as we are seeing with the attack on
public-sector collective bargaining, corporate America
does not believe in the right to collective bargaining.
For decades, anti-labor conservatives used their
influence in Congress and the courts to undermine the
right to strike. The strike, once a force capable of
lifting workers out of poverty and transforming the wage
structures of entire industries, has become a feeble
tool, rarely employed by unions. Whereas major strikes
(those of over a thousand workers) averaged 350 per year
through the 1950s, the number plummeted to an average of
20 per year in the last decade.

Corporate America, working though Congress and their
allies in the courts have gutted the right to strike.
Despite the Wagner Act's clear prohibition against
employer discrimination for strike activity, judges hold
that employers can "permanently replace" striking
workers. At the same time, effective union tactics,
including solidarity, have been outlawed.

As a rare exception to this trend, Boeing workers dared
to strike for eight weeks in 2008. Decades ago, it would
have been a routine strike, one quickly forgotten.
However, to Boeing executives, and corporate America in
general, any strike activity is too much. So Boeing
executives created a billion-dollar facility in South
Carolina to grind Boeing workers into submission.

One of the few remaining slivers left of the legal right
to strike--and it is only a sliver--is that employers are
not supposed to openly admit they are retaliating
against workers for exercising their right to strike.
Employers are supposed to use code words to explain
their actions; to say they are transferring work for
"lower labor costs" or a "better business climate."

Which brings us to the real legal issue in the Boeing
case: Will an employer too stupid or too brazen to use
such euphemisms suffer any consequences?

The underlying problem, and the real threat to the right
to strike, is not even part of the debate over the
Boeing charges. For decades, it has been taken for
granted that it is management's prerogative to shift
production. This viewpoint represents management's
"values and assumptions" imposed upon the labor movement
through decades of court decisions.

In contrast, the traditional union movement believed
that human labor had value; that workers had an interest
in the plants that their very labor had created. As one
sit-down striker stated in justifying the famous 1937
auto strike in Flint Michigan, "our hides are wrapped
around those machines."

In every area of society, capital demands more and more
prerogatives. In the realm of politics, a Supreme Court
majority subservient to Corporate America is freeing
capital from restrictions on its exercise of political
power. In the realm of employment law, courthouse doors
are being slammed shut by limitations on class action
suits. In state after state, anti-labor conservatives
are attacking the public sector because they detest the
very idea of a sphere of society not subservient to
market forces. And, as the Boeing case demonstrates,
what little that remains of the legal right to strike is
under assault.

The NLRB should be defended for issuing charges against
Boeing. Boeing was trying to punish Washington state
workers for striking and to prevent them from striking
in the future. But let's not let Republicans define this
debate. With the halls of justice slammed shut, politics
thoroughly corrupted and our economy in shambles,
working people need the right to strike. That will take
much more than requiring the use of euphemisms; it will
take restoring the original promise of the Wagner Act.

Joe Burns is the author of the book Reviving the Strike:
How Working People Can Regain Power and Transform
America (IG Publishing, 2011).

Joe Burns, a former local union president active in
strike solidarity, is a labor negotiator and attorney.
He is the author of the book Reviving the Strike: How
Working People Can Regain Power and Transform America
(IG Publishing, 2011) and can be reached at
[log in to unmask] 

____________________________________________

PortsideLabor aims to provide material of interest to
people on the left that will help them to interpret the
world and to change it.

Submit via email: [log in to unmask]

Submit via the Web: http://portside.org/submittous3

Frequently asked questions: http://portside.org/faq

Sub/Unsub: http://portside.org/subscribe-and-unsubscribe

PS Labor Archives: http://portside.org/archive

Contribute to Portside: https://portside.org/donate

Top of Message | Previous Page | Permalink

Advanced Options


Options

Log In

Log In

Get Password

Get Password


Search Archives

Search Archives


Subscribe or Unsubscribe

Subscribe or Unsubscribe


Archives

September 2019, Week 3
September 2019, Week 2
September 2019, Week 1
August 2019, Week 5
August 2019, Week 4
August 2019, Week 3
August 2019, Week 2
August 2019, Week 1
July 2019, Week 5
July 2019, Week 4
July 2019, Week 3
July 2019, Week 2
July 2019, Week 1
June 2019, Week 5
June 2019, Week 4
June 2019, Week 3
June 2019, Week 2
June 2019, Week 1
May 2019, Week 5
May 2019, Week 4
May 2019, Week 3
May 2019, Week 2
May 2019, Week 1
April 2019, Week 5
April 2019, Week 4
April 2019, Week 3
April 2019, Week 2
April 2019, Week 1
March 2019, Week 5
March 2019, Week 4
March 2019, Week 3
March 2019, Week 2
March 2019, Week 1
February 2019, Week 4
February 2019, Week 3
February 2019, Week 2
February 2019, Week 1
January 2019, Week 5
January 2019, Week 4
January 2019, Week 3
January 2019, Week 2
January 2019, Week 1
December 2018, Week 5
December 2018, Week 4
December 2018, Week 3
December 2018, Week 2
December 2018, Week 1
November 2018, Week 5
November 2018, Week 4
November 2018, Week 3
November 2018, Week 2
November 2018, Week 1
October 2018, Week 5
October 2018, Week 4
October 2018, Week 3
October 2018, Week 2
October 2018, Week 1
September 2018, Week 5
September 2018, Week 4
September 2018, Week 3
September 2018, Week 2
September 2018, Week 1
August 2018, Week 5
August 2018, Week 4
August 2018, Week 3
August 2018, Week 2
August 2018, Week 1
July 2018, Week 5
July 2018, Week 4
July 2018, Week 3
July 2018, Week 2
July 2018, Week 1
June 2018, Week 5
June 2018, Week 4
June 2018, Week 3
June 2018, Week 2
June 2018, Week 1
May 2018, Week 5
May 2018, Week 4
May 2018, Week 3
May 2018, Week 2
May 2018, Week 1
April 2018, Week 5
April 2018, Week 4
April 2018, Week 3
April 2018, Week 2
April 2018, Week 1
March 2018, Week 5
March 2018, Week 4
March 2018, Week 3
March 2018, Week 2
March 2018, Week 1
February 2018, Week 4
February 2018, Week 3
February 2018, Week 2
February 2018, Week 1
January 2018, Week 5
January 2018, Week 4
January 2018, Week 3
January 2018, Week 2
January 2018, Week 1
December 2017, Week 5
December 2017, Week 4
December 2017, Week 3
December 2017, Week 2
December 2017, Week 1
November 2017, Week 5
November 2017, Week 4
November 2017, Week 3
November 2017, Week 2
November 2017, Week 1
October 2017, Week 5
October 2017, Week 4
October 2017, Week 3
October 2017, Week 2
October 2017, Week 1
September 2017, Week 5
September 2017, Week 4
September 2017, Week 3
September 2017, Week 2
September 2017, Week 1
August 2017, Week 5
August 2017, Week 4
August 2017, Week 3
August 2017, Week 2
August 2017, Week 1
July 2017, Week 5
July 2017, Week 4
July 2017, Week 3
July 2017, Week 2
July 2017, Week 1
June 2017, Week 5
June 2017, Week 4
June 2017, Week 3
June 2017, Week 2
June 2017, Week 1
May 2017, Week 5
May 2017, Week 4
May 2017, Week 3
May 2017, Week 2
May 2017, Week 1
April 2017, Week 5
April 2017, Week 4
April 2017, Week 3
April 2017, Week 2
April 2017, Week 1
March 2017, Week 5
March 2017, Week 4
March 2017, Week 3
March 2017, Week 2
March 2017, Week 1
February 2017, Week 4
February 2017, Week 3
February 2017, Week 2
February 2017, Week 1
January 2017, Week 5
January 2017, Week 4
January 2017, Week 3
January 2017, Week 2
January 2017, Week 1
December 2016, Week 5
December 2016, Week 4
December 2016, Week 3
December 2016, Week 2
December 2016, Week 1
November 2016, Week 5
November 2016, Week 4
November 2016, Week 3
November 2016, Week 2
November 2016, Week 1
October 2016, Week 5
October 2016, Week 4
October 2016, Week 3
October 2016, Week 2
October 2016, Week 1
September 2016, Week 5
September 2016, Week 4
September 2016, Week 3
September 2016, Week 2
September 2016, Week 1
August 2016, Week 5
August 2016, Week 4
August 2016, Week 3
August 2016, Week 2
August 2016, Week 1
July 2016, Week 5
July 2016, Week 4
July 2016, Week 3
July 2016, Week 2
July 2016, Week 1
June 2016, Week 5
June 2016, Week 4
June 2016, Week 3
June 2016, Week 2
June 2016, Week 1
May 2016, Week 5
May 2016, Week 4
May 2016, Week 3
May 2016, Week 2
May 2016, Week 1
April 2016, Week 5
April 2016, Week 4
April 2016, Week 3
April 2016, Week 2
April 2016, Week 1
March 2016, Week 5
March 2016, Week 4
March 2016, Week 3
March 2016, Week 2
March 2016, Week 1
February 2016, Week 5
February 2016, Week 4
February 2016, Week 3
February 2016, Week 2
February 2016, Week 1
January 2016, Week 5
January 2016, Week 4
January 2016, Week 3
January 2016, Week 2
January 2016, Week 1
December 2015, Week 5
December 2015, Week 4
December 2015, Week 3
December 2015, Week 2
December 2015, Week 1
November 2015, Week 5
November 2015, Week 4
November 2015, Week 3
November 2015, Week 2
November 2015, Week 1
October 2015, Week 5
October 2015, Week 4
October 2015, Week 3
October 2015, Week 2
October 2015, Week 1
September 2015, Week 5
September 2015, Week 4
September 2015, Week 3
September 2015, Week 2
September 2015, Week 1
August 2015, Week 5
August 2015, Week 4
August 2015, Week 3
August 2015, Week 2
August 2015, Week 1
July 2015, Week 5
July 2015, Week 4
July 2015, Week 3
July 2015, Week 2
July 2015, Week 1
June 2015, Week 5
June 2015, Week 4
June 2015, Week 3
June 2015, Week 2
June 2015, Week 1
May 2015, Week 5
May 2015, Week 4
May 2015, Week 3
May 2015, Week 2
May 2015, Week 1
April 2015, Week 5
April 2015, Week 4
April 2015, Week 3
April 2015, Week 2
April 2015, Week 1
March 2015, Week 5
March 2015, Week 4
March 2015, Week 3
March 2015, Week 2
March 2015, Week 1
February 2015, Week 4
February 2015, Week 3
February 2015, Week 2
February 2015, Week 1
January 2015, Week 5
January 2015, Week 4
January 2015, Week 3
January 2015, Week 2
January 2015, Week 1
December 2014, Week 5
December 2014, Week 4
December 2014, Week 3
December 2014, Week 2
December 2014, Week 1
November 2014, Week 5
November 2014, Week 4
November 2014, Week 3
November 2014, Week 2
November 2014, Week 1
October 2014, Week 5
October 2014, Week 4
October 2014, Week 3
October 2014, Week 2
October 2014, Week 1
September 2014, Week 5
September 2014, Week 4
September 2014, Week 3
September 2014, Week 2
September 2014, Week 1
August 2014, Week 5
August 2014, Week 4
August 2014, Week 3
August 2014, Week 2
August 2014, Week 1
July 2014, Week 5
July 2014, Week 4
July 2014, Week 3
July 2014, Week 2
July 2014, Week 1
June 2014, Week 5
June 2014, Week 4
June 2014, Week 3
June 2014, Week 2
June 2014, Week 1
May 2014, Week 5
May 2014, Week 4
May 2014, Week 3
May 2014, Week 2
May 2014, Week 1
April 2014, Week 5
April 2014, Week 4
April 2014, Week 3
April 2014, Week 2
April 2014, Week 1
March 2014, Week 5
March 2014, Week 4
March 2014, Week 3
March 2014, Week 2
March 2014, Week 1
February 2014, Week 4
February 2014, Week 3
February 2014, Week 2
February 2014, Week 1
January 2014, Week 5
January 2014, Week 4
January 2014, Week 3
January 2014, Week 2
January 2014, Week 1
December 2013, Week 5
December 2013, Week 4
December 2013, Week 3
December 2013, Week 2
December 2013, Week 1
November 2013, Week 5
November 2013, Week 4
November 2013, Week 3
November 2013, Week 2
November 2013, Week 1
October 2013, Week 5
October 2013, Week 4
October 2013, Week 3
October 2013, Week 2
October 2013, Week 1
September 2013, Week 5
September 2013, Week 4
September 2013, Week 3
September 2013, Week 2
September 2013, Week 1
August 2013, Week 5
August 2013, Week 4
August 2013, Week 3
August 2013, Week 2
August 2013, Week 1
July 2013, Week 5
July 2013, Week 4
July 2013, Week 3
July 2013, Week 2
July 2013, Week 1
June 2013, Week 4
June 2013, Week 3
June 2013, Week 2
June 2013, Week 1
May 2013, Week 5
May 2013, Week 4
May 2013, Week 3
May 2013, Week 2
May 2013, Week 1
April 2013, Week 5
April 2013, Week 4
April 2013, Week 3
April 2013, Week 2
April 2013, Week 1
March 2013, Week 5
March 2013, Week 4
March 2013, Week 3
March 2013, Week 2
March 2013, Week 1
February 2013, Week 4
February 2013, Week 3
February 2013, Week 2
February 2013, Week 1
January 2013, Week 5
January 2013, Week 4
January 2013, Week 3
January 2013, Week 2
January 2013, Week 1
December 2012, Week 5
December 2012, Week 4
December 2012, Week 3
December 2012, Week 2
December 2012, Week 1
November 2012, Week 5
November 2012, Week 4
November 2012, Week 3
November 2012, Week 2
November 2012, Week 1
October 2012, Week 5
October 2012, Week 4
October 2012, Week 3
October 2012, Week 2
October 2012, Week 1
September 2012, Week 4
September 2012, Week 3
September 2012, Week 2
September 2012, Week 1
August 2012, Week 5
August 2012, Week 4
August 2012, Week 3
August 2012, Week 2
August 2012, Week 1
July 2012, Week 5
July 2012, Week 4
July 2012, Week 3
July 2012, Week 2
July 2012, Week 1
June 2012, Week 5
June 2012, Week 4
June 2012, Week 3
June 2012, Week 2
June 2012, Week 1
May 2012, Week 5
May 2012, Week 4
May 2012, Week 3
May 2012, Week 2
May 2012, Week 1
April 2012, Week 5
April 2012, Week 4
April 2012, Week 3
April 2012, Week 2
April 2012, Week 1
March 2012, Week 5
March 2012, Week 4
March 2012, Week 3
March 2012, Week 2
March 2012, Week 1
February 2012, Week 5
February 2012, Week 4
February 2012, Week 3
February 2012, Week 2
February 2012, Week 1
January 2012, Week 5
January 2012, Week 4
January 2012, Week 3
January 2012, Week 2
January 2012, Week 1
December 2011, Week 5
December 2011, Week 4
December 2011, Week 3
December 2011, Week 2
December 2011, Week 1
November 2011, Week 5
November 2011, Week 4
November 2011, Week 3
November 2011, Week 2
November 2011, Week 1
October 2011, Week 5
October 2011, Week 4
October 2011, Week 3
October 2011, Week 2
October 2011, Week 1
September 2011, Week 5
September 2011, Week 4
September 2011, Week 3
September 2011, Week 2
September 2011, Week 1
August 2011, Week 5
August 2011, Week 4
August 2011, Week 3
August 2011, Week 2
August 2011, Week 1
July 2011, Week 5
July 2011, Week 4
July 2011, Week 3
July 2011, Week 2
July 2011, Week 1
June 2011, Week 5
June 2011, Week 4
June 2011, Week 3
June 2011, Week 2
June 2011, Week 1
May 2011, Week 5
May 2011, Week 4
May 2011, Week 3
May 2011, Week 2
May 2011, Week 1
April 2011, Week 5
April 2011, Week 4
April 2011, Week 3
April 2011, Week 2
April 2011, Week 1
March 2011, Week 5
March 2011, Week 4
March 2011, Week 3
March 2011, Week 2
March 2011, Week 1
February 2011, Week 4
February 2011, Week 3
February 2011, Week 2
February 2011, Week 1
January 2011, Week 5
January 2011, Week 4
January 2011, Week 3
January 2011, Week 2
January 2011, Week 1
December 2010, Week 5
December 2010, Week 4
December 2010, Week 3
December 2010, Week 2
December 2010, Week 1
November 2010, Week 5
November 2010, Week 4
November 2010, Week 3
November 2010, Week 2
November 2010, Week 1
October 2010, Week 5
October 2010, Week 4
October 2010, Week 3
October 2010, Week 2
October 2010, Week 1
September 2010, Week 5
September 2010, Week 4
September 2010, Week 3
September 2010, Week 2
September 2010, Week 1
August 2010, Week 5
August 2010, Week 4
August 2010, Week 3
August 2010, Week 2
August 2010, Week 1
July 2010, Week 5
July 2010, Week 4
July 2010, Week 3
July 2010, Week 2
July 2010, Week 1

ATOM RSS1 RSS2



LISTS.PORTSIDE.ORG

CataList Email List Search Powered by the LISTSERV Email List Manager