In a series of Aug. 13 tweets, Barstool’s Dave Portnoy threatened to fire and sue employees that reached out to union lawyers. The tweets followed an Aug. 12 blogpost where he dared his employees to attempt to form a union, so that he can “smash their little union to smithereens.”
“Under any reading of the federal labor law, telling workers that they’re going to be fired if they seek advice or help about a unionization campaign is flatly illegal,” said Harvard law professor Ben Sachs. “In my estimation, even the Trump NLRB would consider that illegal.”
While labor unions can have value, their current structure in the United States serves almost nobody well. As much as anything else, organized labor needs individuals who like Rolf not only want to organize but also see the need to be innovative in the very way that labor organizations do business.
In addition, as Harvard Law School’s Benjamin Sachs has proposed, unions should be allowed to “unbundle” their services so that they can advocate political causes without bargaining collectively. This could help give workers a...
Stop & Shop’s stores were ghost towns during the recent strike. With workers standing outside in picket lines, customers stayed away , leading to one of the most effective strikes in recent memory.
The grocery clerks and bakers and meat cutters holding signs were protesting proposed cuts to their benefits, but their plight also resonated with the public because they represented something bigger: working Americans across the country whose wages are barely budging while the cost of living skyrockets in such places as Boston and corporations rake in record profits.
“What we’re seeing is an increasing resistance to the fundamental unfairness of a system that’s so skewed both economically and politically to the wealthy,” said Benjamin Sachs, a Harvard Law School labor professor, noting that when Uber goes public, former CEO Travis Kalanick’s stock is expected to be worth upward of $6 billion — an amount that would take a full-time Uber driver 150,000 years to make.... Read more about Unions are on frontlines of fight against inequality
Last spring, we promised to share information about the project we’ve launched at Harvard Law School, “Rebalancing Economic and Political Power: A Clean Slate for the Future of Labor Law Reform.”
On Labor Day, we laid out our vision for this ambitious project: (1) reimagining collective bargaining; (2) expanding the range of available worker organizations; (3) ensuring that collective action leverages power; (4) using benefits and enforcement to strengthen worker organizations; (5) updating other legal regimes to empower workers; and (6) addressing persistent, historical inequities that have plagued the labor movement.... Read more about Clean Slate Update
The question on this Labor Day therefore must be how, in 2018, can we create a new labor movement, one that can unite the interests of a sufficient number of lower and middle income Americans so that they have the power to restore balance to our economy and politics.
So we need to rebuild labor law from a clean slate to meet the challenges of the new economy. To provide a blueprint for that kind of reform, we have launched a new project at Harvard Law School: Rebalancing Economic and Political Power: A Clean Slate for the Future of Labor Law. This summer, we kicked off the Clean Slate project with a convening aimed at identifying the core elements of a successful 21st Century labor law.... Read more about This Labor Day, A Clean Slate for Reform
Harvard Labor and Worklife conference starts up a journey toward systemic reform, economic equality
By BRETT MILANO Harvard law Today
Last month, Harvard Law School’s Labor and Worklife Program began an ambitious effort to fix a broken system of labor laws. The program, “Rebalancing Economic and Political Power: A Clean Slate for the Future of Labor Law,” began with a daylong seminar at Wasserstein Hall. It will continue with a series of followup meetings over the next eighteen months, with the goal of producing major recommendations to reform labor law.
Attendees came from across the country, including law professors, labor activists, and union and online organizers. Because Chatham House rules were invoked for the event, none of the panelists will be identified or quoted; Block explained that this allowed for a freer exchange of ideas.
Co-organizers Sharon Block, executive director of HLS’s Labor and Worklife Program, and Benjamin Sachs, Kestnbaum Professor of Labor and Industry and faculty co-director of the Labor and Worklife Program, said that some significant work was begun.... Read more about A ‘Clean Slate’ for the future of labor law
THE ANNUAL MEETING of the National Education Association, the country’s largest public-sector union, held in Minnesota this week, was much more high stakes than in years past. Typically, the convention is a chance for educators to vote on bread-and-butter issues like budget priorities and advocacy target areas. In the wake of a U.S. Supreme Court ruling that dealt a crippling blow to public-sector unions, they debated strategies to expand their membership, keep union members apprised of their rights, and recover from the...
Tuesday's U.S. Supreme Court decision to rule in favor of Mark Janus in the Janus v. AFSCME case effectively changed the entire way public unions raise funds for their collective bargaining services. The ruling now bars unions from collecting fees from non-union members with the court citing this now defunct fee requirement as a violation of free speech.
The conclusion of the Janus v. AFSCME case brings a major disruptive change to how public sector unions would potentially operate, so what will these unions do next?
NFL team owners this week decided that players will no longer be allowed to take a knee during the playing of the national anthem. And if they do, they will be subject to punishment and their team will be subject to fines.
The Trump era has sparked some of the most creative thinking in labor in years.
“Sectoral bargaining is certainly getting more attention in legal academic and labor law policy debates,” Benjamin Sachs, a professor at Harvard Law School and former practicing labor lawyer, says. “The way I would think about it is that there’s an existential panic about what will happen to the labor movement. That’s not new, it’s just getting worse. … If we need unions for economic and political equality as I think we do...