Jack Goldsmith is the Learned Hand Professor of Law at Harvard Law School, where he teaches and writes about national security law, international law, internet law, and, recently, labor history. Before coming to Harvard, Professor Goldsmith served as Assistant Attorney General, Office of Legal Counsel from 2003-2004, and Special Counsel to the Department of Defense from 2002-2003.
Earlier this year, labor historian Melvyn Dubofsky gave a very pessimistic assessment of the prospects for the American labor movement. “Given the current alignment of forces domestically and globally,” he concluded, “I find it hard to conceive of any tactics or broader strategy through which the labor movement might re-establish its former size, place, and power.” Rick Yeselson has written an implicit response. He proposes a “Fortress Unionism” strategy during the period of labor’s stasis and decline, a period he thinks will end only when “the workers themselves militantly signal that they want unions.” Fortress Unionism has five tenets: (1) Defend the remaining high-density regions, sectors, and companies; (2) Strengthen existing union locals; (3) Ask one key question about organizing drives: Will they increase the density or power of existing strongholds?; (4) Sustain coalition work with other progressive organizations; (5) Invest heavily in alt-labor organizations, especially Working America.
With the possible exception of (5), Fortress Unionism seems like a defeatist strategy that will worsen’s labor’s plight. Jimmy Hoffa would have agreed with Yeselson’s commentator Cato Uticensis: “the answer to ‘what is to be done’ is the same as it ever was: organize and fight.” But perhaps a better (though not a complete) answer for the modern labor movement is provided in the comments by Jefferson Cowie, author of the great 1970s labor history, Stayin’ Alive, who said: “As for the future, one word: immigrants.”
Daily News & Commentary
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June 30
SCOTUS ends removal protections for agencies; staff at NYC cocktail bar vote to unionize.
June 29
In today’s News and Commentary, student-athletes file a class action suit challenging the NCAA’s new Age-Based Rule, a federal judge declines to issue a preliminary injunction against FEMA’s reduction in force but expedites proceedings, and Gavin Newsom opposes California’s proposed billionaire tax in favor of a federal approach. On Thursday, DeJuan Campbell, at basketball player […]
June 28
Philadelphia utility workers announce July 4 strike; national parks workers vote to unionize; Michigan considers “right to disconnect” bill.
June 26
Mamdani issues workplace heat protections order; Fifth Circuit denies enforcement of NLRB order against Starbucks; AFGE unlikely to secure injunction against FEMA layoffs.
June 25
NLRB orders Amazon to bargain with workers; federal judge blocks ICE agents from making arrests in courthouses.
June 24
NYC primary vies for union support; NLRB ruling tees up Cemex challenge; Sixth Circuit deals blow to NLRB policymaking.