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 24
NYC unions urge Mamdani to veto anti-protest “buffer zones” bill; 40,000 unionized Samsung workers rally for higher pay; and Labubu Dolls found to contain cotton made by forced labor.
April 23
Trump administration wins in 11th Circuit defending a Biden-era project labor agreement rule; NABTU convenes its annual legislative conference; Meta reported to cut over 10% of its workforce this year.
April 22
Congress introduces a labor rights notification bill; New York's ban on credit checks in hiring takes effect; Harvard's graduate student workers go on strike.
April 21
Trump's labor secretary resigns; NYC doormen avoid a strike; UNITE HERE files complaint over ICE concerns at FIFA World Cup
April 20
Immigrant truckers file federal lawsuit; NLRB rejects UFCW request to preserve victory; NTEU asks federal judge to review CFPB plan to slash staff.
April 19
Chicago Teachers’ Union reach May Day agreement; New York City doormen win tentative deal; MLBPA fires two more executives.