Democratic Presidential candidate Bernie Sanders (I-VT) just released a sweeping new plan to strengthen American labor unions—and meet Sanders’ goal of doubling union membership during his first term in office. Sanders’ labor plan calls to end “at-will” employment, the legal rule that American workers can be fired by employers for any reason, end state right-to-work legislation, extend the right to strike to federal workers, and allow secondary boycotts. In addition to Sanders’ legislative proposals, he calls for an executive order that would require all federal contractors to pay a $15 minimum wage with benefits or pay executives more than 150 times what they pay average workers. The plan also pushes towards a sectoral bargaining system, in which wage boards would set minimum standards across industries—not just individual employers—much like a New York wage board raised minimum pay to $15 for Fast Food workers in 2015. Sanders’ plan earned praise from progressive labor leaders like Mary Kay Henry, president of SEIU, who demanded that “every 2020 candidate release a detailed plan” like Bernie’s to promote unionization. You can read the full plan here.
Speaking of SEIU: yesterday, in a Milwaukee speech, President Mary Kay Henry unveiled “Unions for All,” an ambitious, pro-union agenda that the country’s second-largest union. SEIU is making Unions for All a line in the sand—it will only endorse candidates who pledge their support. The platform has four core proposals: sectoral bargaining; making federal labor law a floor, rather than a ceiling; requiring any business with a federal contract to pay at least $15 an hour and allow workers to unionize; and keeping labor at the center of any major economic proposals, similar to the Green New Deal’s focus on union jobs and a just transition. SEIU lawyers Nicole Berner and Dora Chen wrote about SEIU’s Unions for All proposal right here at OnLabor; check their explainer out here.
For the last century, legal doctrine has stressed that contracts are “a realm of freedom and choice,” where we’re all bound by our voluntary, mutually beneficial negotiated terms. But in real life, workers and consumers don’t starting a job, paying for health insurance, or buying a phone don’t negotiate contract terms with huge corporation. Instead, we have no choice but to acquiesce to contract terms like forced arbitration and coercive non-competes, no matter how harsh they are. At Current Affairs, Sandeep Vaheesan, legal director of the Open Markets Institute, argues that lawyers should break the free contract model and that Congress should ban abusive contract terms nationwide.
When employees at digital media company Vox started to unionize, German Lopez argued that his workplace was relatively well off and didn’t need a union. A year and a half later, Lopez was on his union’s bargaining committee. At Vox, he wrote about how he went from skeptical of a unions till he joined one—and what he learned about why workers everywhere need a union.
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January 30
Multiple unions endorse a national general strike, and tech companies spend millions on ad campaigns for data centers.
January 29
Texas pauses H-1B hiring; NLRB General Counsel announces new procedures and priorities; Fourth Circuit rejects a teacher's challenge to pronoun policies.
January 28
Over 15,000 New York City nurses continue to strike with support from Mayor Mamdani; a judge grants a preliminary injunction that prevents DHS from ending family reunification parole programs for thousands of family members of U.S. citizens and green-card holders; and decisions in SDNY address whether employees may receive accommodations for telework due to potential exposure to COVID-19 when essential functions cannot be completed at home.
January 27
NYC's new delivery-app tipping law takes effect; 31,000 Kaiser Permanente nurses and healthcare workers go on strike; the NJ Appellate Division revives Atlantic City casino workers’ lawsuit challenging the state’s casino smoking exemption.
January 26
Unions mourn Alex Pretti, EEOC concentrates power, courts decide reach of EFAA.
January 25
Uber and Lyft face class actions against “women preference” matching, Virginia home healthcare workers push for a collective bargaining bill, and the NLRB launches a new intake protocol.