LISTSERV mailing list manager LISTSERV 16.5

Help for PORTSIDE Archives


PORTSIDE Archives

PORTSIDE Archives


PORTSIDE@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

PORTSIDE Home

PORTSIDE Home

PORTSIDE  January 2013, Week 3

PORTSIDE January 2013, Week 3

Subject:

Legal Smokescreens in the New York School Bus Drivers' Strike

From:

Portside Moderator <[log in to unmask]>

Reply-To:

[log in to unmask]

Date:

Thu, 17 Jan 2013 22:49:41 -0500

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (94 lines)

Legal Smokescreens in the New York School Bus Drivers' Strike

by James Gray Pope,
Professor of Law & Executive Council Member, Rutgers Council of AAUP/AFT Chapters, AFL-CIO

January 17, 2013

Published by Portside

If you listen to Mayor Bloomberg, you might think that he is
just an innocent bystander in the school bus drivers' strike,
and not the boss in charge.  To create this impression, he has
been making two claims grounded in law.

First, he contends that his decision to strip the drivers of
longstanding job protections was dictated by a recent court
decision.  This claim is puzzling.  The decision in question
found that a different group of (nonunion) school bus drivers
were unlikely to strike and therefore job protections for them
could not be justified as necessary to prevent strikes.  It is
unclear, to say the least, how this decision applies to union
drivers who are actually out on strike.  Bottom line, the City
enjoyed decades of continuous service under the previous
agreements, but has now chosen to provoke a strike under a
specious claim of legal necessity.

Second, Bloomberg declares that he has nothing to do with the
strike because the workers are employed by private bus
companies, not the City.  This claim is part and parcel of an
increasingly popular union-busting strategy made possible by
the growth of contracting.  It used to be that companies and
governments employed workers directly.   If the workers
organized a union, they could stop competing with each other
and demand a decent wage for everyone.  Today, however,
companies and governments "outsource" much of their work to
contractors.  For example, the City contracts out school
transportation to twenty or so private companies.  These
little companies compete with each other for contracts, and
the law requires the City to pick the lowest bidder.  How can
the companies bid low?  Cutting wages and benefits is the
easiest way.  If the union wins decent wages from some
companies, other - nonunion - companies will enter the field
and drive wages down.  That is why the union lobbies the City
for job security protection.  As a technical legal matter, the
companies are the employers, but - in reality - everyone knows
that the City is the only party that can effectively grant
decent wages and job security.

Not only Bloomberg, but also the bus companies are seizing
upon this technicality.  The companies have filed a charge
with the National Labor Relations Board (NLRB) claiming that
the union is engaged in an illegal "secondary strike."  This
charge highlights a fundamental unfairness in American labor
law.  Workers are banned from applying strike pressure to
anybody other than their immediate employers (in this case the
bus companies) even if somebody else (here, the Bloomberg
administration) actually controls the workers' conditions.

For this reason, the International Labor Organization has
determined that the U.S. ban on secondary strikes violates
international standards.  Unfortunately, international
standards - though binding in theory - are not enforceable.
If the NLRB finds that the union is actually striking against
the City (an issue that will hinge partly on what happened
behind closed doors at bargaining meetings), then it will be
required by law to seek a court injunction banning the strike.
At that point, the school bus drivers will face a dilemma
similar to the one faced by striking New York City subway
workers in December of 2005.  Back then, Transport Workers
Local 100 defied an injunction, and local President Roger
Toussaint aptly compared the strikers to Rosa Parks.  Whether
the defiance resulted in victory or defeat is still disputed
today, but there is no doubt that Local 100 merits respect
from all proponents of justice in its principled assertion of
the fundamental right to strike.

___________________________________________

Portside 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

Search Portside 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

December 2019, Week 2
December 2019, Week 1
November 2019, Week 5
November 2019, Week 4
November 2019, Week 3
November 2019, Week 2
November 2019, Week 1
October 2019, Week 5
October 2019, Week 4
October 2019, Week 3
October 2019, Week 2
October 2019, Week 1
September 2019, Week 5
September 2019, Week 4
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 5
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 5
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