
Andrew Strom is a union lawyer based in New York City. He is also an adjunct professor at Brooklyn Law School.
Earlier this week, the Wall Street Journal ran an article entitled “Workplace Democracy Catches On.” I was surprised by this headline given how undemocratic most workplaces are. But, when I read the article I was less surprised. It turns out that these workplaces are democracies the way North Korea is a democracy – they hold elections from time to time even though the elections don’t actually matter.
In North Korea, the parliamentary elections were widely perceived as a joke when the country announced that 100% of the voters had cast ballots in favor of the ruling party. None of the companies in the Wall Street Journal article gave workers a chance to vote for their top officers (though one did ask for feedback from workers), but even if they had, the odds are that the vote would not have represented the true wishes of the employees. One reason why there is no democracy in North Korea or the average American workplace is that democracy can’t exist without freedom of speech. And while I’m not equating American workplaces with the police state of North Korea, in order to have a functioning democracy, citizens must be free to speak their minds without fear of reprisal from those in power. Yet, in the employment-at-will regime that dominates in this country, how many workers feel free to publicly criticize the boss?
Not only do workers lack free speech rights in the workplace, but the companies highlighted in the Wall Street Journal article are not actually letting workers make the truly important decisions. It’s as though we called a city a democracy where citizens were allowed to vote to rename streets, but weren’t allowed to make decisions about taxes or spending. For instance, the article mentions that at Whole Foods, new employees must win approval from two-thirds of their departmental colleagues to stay past a trial period. But, what happens after the trial period ends? According to this Mother Jones article, last fall Whole Foods announced that it was eliminating 1,500 jobs, and according to one employee, at one store low-level supervisors had their wages slashed by up to $5.00 an hour. I don’t think workers were given a vote on those decisions.
As I have said before, I think it’s about time we had a debate about how to make all workplaces truly democratic, but in the meantime we shouldn’t delude ourselves into thinking that the right to vote on naming a conference room equates to democracy in the workplace.
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July 1
In today’s news and commentary, the Department of Labor proposes to roll back minimum wage and overtime protections for home care workers, a federal judge dismissed a lawsuit by public defenders over a union’s Gaza statements, and Philadelphia’s largest municipal union is on strike for first time in nearly 40 years. On Monday, the U.S. […]
June 30
Antidiscrimination scholars question McDonnell Douglas, George Washington University Hospital bargained in bad faith, and NY regulators defend LPA dispensary law.
June 29
In today’s news and commentary, Trump v. CASA restricts nationwide injunctions, a preliminary injunction continues to stop DOL from shutting down Job Corps, and the minimum wage is set to rise in multiple cities and states. On Friday, the Supreme Court held in Trump v. CASA that universal injunctions “likely exceed the equitable authority that […]
June 27
Labor's role in Zohran Mamdani's victory; DHS funding amendment aims to expand guest worker programs; COSELL submission deadline rapidly approaching
June 26
A district judge issues a preliminary injunction blocking agencies from implementing Trump’s executive order eliminating collective bargaining for federal workers; workers organize for the reinstatement of two doctors who were put on administrative leave after union activity; and Lamont vetoes unemployment benefits for striking workers.
June 25
Some circuits show less deference to NLRB; 3d Cir. affirms return to broader concerted activity definition; changes to federal workforce excluded from One Big Beautiful Bill.