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 6
Trump to shrink but not eliminate CFPB, 9th Circuit nixes use of issue preclusion to invalidate arbitration agreements.
April 5
Trump proposes DOL budget cuts; NLRB rules in favor of cannabis employees; Florida warehouse workers unanimously authorize strike.
April 3
NLRB says Amazon failed to bargain with union; Harvard graduate workers authorize strike, and states move to preempt local employment law.
April 2
Sheridan, Colorado educators go on strike; Maryland graduate student workers are one step closer to collective bargaining rights.
April 1
DOL proposes 401(k) rule; Starbucks investors reelect controversial board members; Washington passes workplace immigration warning requirement.
March 31
In today’s news and commentary, the Supreme Court hears a case about Federal Court jurisdiction over arbitration, a UPS heat inspection lawsuit against OSHA is dismissed, and federal worker unions and NGOs call on the EPA to cease laying off its environmental justice staffers. A majority of Supreme Court justices signaled support for allowing federal […]