
Jonathan R. Harkavy has taught labor and employment law at Wake Forest School of Law and corporate finance at Duke Law School and the University of North Carolina at Chapel Hill School of Law. During the summers of 2018 and 2019, he has been a visiting research fellow in the Labor and Worklife Program at Harvard Law School.
Charlotte Garden’s insightful essay at Take Care about how antitrust laws are being used as a bludgeon against union collective action immediately brings to my mind Andrew Strom’s OnLabor post about the so-called “Powell Memo.” My hope is that considering these two posts together will fortify what both OnLabor contributors have to say.
To refresh, when Lewis Powell was at the height of his influence as a private practitioner in 1971, he wrote a memorandum for the U.S. Chamber of Commerce that is now widely regarded as the blueprint for building a collective voice for the American business community. Witness Powell’s words about collective or unified action:
“But independent and uncoordinated activity by individual corporations, as important as this is, will not be sufficient. Strength lies in organization. . . and in the political power available only through united action and national organizations.”
Fast forward nearly fifty years from the Powell memorandum: We can now better appreciate (recalling Lewis Powell’s own words) what Charlotte Garden wrote about—the collective might of the business community wielding, of all things, the antitrust laws to sap the “strength [that] lies in organization” and hamstring the “united action” of working people.
And so, it is ironic in the extreme, if not downright hypocritical, for the premier exponent and beneficiary of collective action—the U.S. Chamber of Commerce—to attempt (whether by the antitrust laws or otherwise) to deny to individuals who work for its members the benefits of a collective voice and unified action.
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April 16
7th Circuit questions the relevance of NLRB precedent after Loper Bright, unions seek to defend silica rule, and Abrego Garcia's union speaks out.
April 15
In today’s news and commentary, SAG-AFTRA reaches a tentative agreement, AFT sues the Trump Administration, and California offers its mediation services to make up for federal cuts. SAG-AFTRA, the union representing approximately 133,000 commercial actors and singers, has reached a tentative agreement with advertisers and advertising agencies. These companies were represented in contract negotiations by […]
April 14
Department of Labor publishes unemployment statistics; Kentucky unions resist deportation orders; Teamsters win three elections in Texas.
April 13
Shawn Fain equivocates on tariffs; Trump quietly ends federal union dues collection; pro-Palestinian Google employees sue over firings.
April 11
Trump considers measures to return farm and hospitality workers to the US after deportation; Utah labor leaders make final push to get the “Protect Utah Workers” referendum on the state’s ballot; hundreds of probationary National Oceanic and Atmospheric Administration employees were re-terminated
April 10
Chief Justice Roberts pauses reinstatement of NLRB Chairwoman Wilcox and MSBP Chairwoman Harris, former EEOC Commissioner Samuels sues Trump alleging unlawful firing, and unions sue to block Trump executive order targeting collective bargaining agreements at federal agencies that have national security missions.