Friday, December 9, 2016
ANY CATEGORY OF WORKERS SUPPOSEDLY LEFT OUTSIDE THE FED SETUP BECOMES ELIGIBLE FOR STATE SETUP!
Just read that Trump stacked NLRB could walk back teaching and research assistants category as employees. Hey; we know states may conduct their own union certification setups for farm workers because farm workers were left off FDR's ship.
HEY! THAT MEANS THAT ANY CATEGORY OF WORKERS DEFINED OUTSIDE THE FED SETUP IS ELIGIBLE FOR SEPARATE STATE LABOR ORGANIZING SETUP!!!!!!!!!!!!
State labor setup could add something oh, so every day practicable. State NLRB substitute could MANDATE certification elections upon a finding of union busting. States should also take union busting as seriously in criminal law as fed takes taking a movie in the movies -- that FBI warning on your DVD comes alive and you are gone for couple of years if caught.
But mandating certification elections has so much more an everyday, natural businesslike feel that it could sail relatively smoothly through state legislatures. Nota bene: Wisconsin mandates re-certification of public employees unions annually (51% of membership required; not just voters) -- nothing too alien about mandating union elections.
State set up might ACTUALLY go the last practical mile and actually force employers to actually bargain with certified unions -- which refusal to bargain remains the last impassable barrier associated with the fed no-enforcement mechanism. See Donald Trump in Vegas.
When I was in San Francisco a decade or so ago a union demonstration was going on in front of a hotel on Fourth Street all day, every day: "San Francisco should beware (chanted the leader); Hotel Marriot is unfair (membership responded) -- Hotel Marriot, you're no good; sign that contract like you should."
A concierge I was taxicabing to work one morning, later, told me that part of the deal to allow the Marriot build was to allow a union. Good luck.
State setups to conduct union organizing can illustrate for the rest of the country the shape of real labor market protection. Limit federal definition of employee: wonderful state and local opportunity.