US democratic PresidentialÂ CandidateÂ Bernie Sanders released hisÂ Workplace Democracy PlanÂ on Wednesday. His campaignâs labor platform makes the strongest case ofÂ any of the candidates so farÂ that he would be unionsâ best ally in the White House in generations.
At a time when the Democratsâ official labor law reform proposal,Â the Protecting the Right to Organize (PRO) Act, would essentially overturn theÂ anti-union Taft-Hartley Act, theÂ race to the leftÂ for laborâs support in the primaries demands bolder policies. Bernie Sanders does not disappoint.
The stand-out measures
Where Sandersâ labor platform is most exciting is its proposal for new workersâ rights and forms of union representation that transcend the National Labor Relations Board framework of enterprise-based contract bargaining.
One is a âjust causeâ legal standard of employment, which would mean that non-managerial workersâwhether they are represented by a union or notâcould only be fired only for a legitimate, serious, work-performance reason.Â ThisÂ has been aÂ causeÂ thatÂ In These TimesÂ has long championed, and asÂ Moshe Marvit and I explained elsewhere, âwould open up new pathways to organizing.â Bernie Sanders is the third candidate (so far) to embrace the reform, after Bill de Blasio and Jay Inslee, but heâs the first leading contender for the nomination to do so.
But the best proposal in Sandersâ platform is what he refers to as âsectoral collective bargainingâ but others in the academic and think tank world have been calling âwage boards.â Basically, he proposes to work with trade unions to construct new industrial standards boardsâwith representatives for the employers, workers and possibly that nebulous concept, âthe publicââthat can set minimum standards for wages, benefits and hours across entire sectors of the economy thereby taking those issues out of competition. This isÂ essentially the framework of the First New Deal legislation, which theÂ Lochner-era Courtoverturned, and which the National Labor Relations Act was initially meant to operateÂ alongsideÂ of.
Sandersâ wage board proposal was clearly influenced by the Center for American ProgressâÂ David Madlandâs and University of MichiganâsÂ Kate AndriasâÂ dogged research and advocacy for reviving the wage board model. Itâs also not insignificant that a revived wage board is how Service Employees International Union (SEIU) local 32BJÂ won a $15 minimum wageÂ for fast food workers in New York state, and that SEIU is rather bullish on expanding and exporting the model.
This is possibly the most important labor law reform that a Democratic president (with a Democratic Senate willing to nuke the filibuster) could achieve. Itâs that one that could put a union in every workplace in America on day one. Because if unions had the legal reach to improve wages and working conditions across an entire industry, workersÂ wouldÂ join and support the unions that were fighting for themâparticularly if we made it easy for them to make voluntary paycheck contributionsâeven before they win a collective bargaining election at their specific workplace.
The man with the plan
Sanders also offers a laundry list of good and overdue reforms. His proposed amendments to the outdated and ineffective National Labor Relations Actâlike most of the candidatesâ plansâimprove upon the PRO Act in several ways. It adds card check recognition and the right to a first contract for new unions, which were provisions of the failedÂ Employee Free Choice ActÂ (EFCA) that did not get carried over into the current Democratic bill.
Sanders also proposes to fully restore workersâ right to strike and to engage in solidarity activism. In the case of the latter, that means wiping out more provisions of the 1947 Taft-Hartley Act; in the former, it means overturning an obscure 1938 Supreme Court decision,Â NLRB v. Mackay Radio & Telegraph Co.,Â that allows employers to permanently replace workers who go on strike over economic demands. Employers increasingly took advantage of this decision during the Reagan administration.
Banning permanent replacements was the labor movementâs top legislative priority in the first year of Bill Clintonâs presidency. TheÂ Cesar Chavez Workplace Fairness Act of 1993Â was the EFCA of its era, and similarly died of a filibuster in the Senate. Now it is increasingly becoming a consensus position among Democratic candidates.
There are also some policies and procedures of the NLRB that Sanders would change. These may be done through legislative change, or Sanders may be considering executive orders and strict directions to his future Board appointees. One is to protect existing collective bargaining agreements when a unionized employer is merged into a new company. Current NLRB rules on successorship allow an employer to tear up the contract and then bargain a union to impasse over concessions.Â Sanders used his campaign infrastructure to support workersÂ represented by theÂ United Electrical, Radio & Machine Workers of AmericaÂ at a locomotive plant in Pennsylvania this past February.
Sanders also wants to ban âmanagementâs most important weaponâÂ in anti-union campaigns,Â mandatory captive audience meetings. The courts have ruled that employers have aÂ First Amendment rightÂ to express their anti-union views, and employers use the power of the paycheck to force employees to listen to them. Bernie Sanders says that workers should have the right to walk out on a presentation.
One very attention-grabbing plan responds directly toÂ Joe Bidenâs bad-faith argumentsÂ that a Medicare-for-All system would be unfair to unions who have historically traded higher wages for employer-sponsored health insurance. Sandersâ NLRB would support unions reopening their collective bargaining agreements in order to recoup as much of an employersâ cost savings from taxpayer-funded health care as possible as new wage gains. His platform implies that a unionized employer that does not share financial data and agree to sharing its cost savings would be charged with committing an unfair labor practice.
Finally, like many of the candidates in the crowded Democratic field, Sanders proposes to fix an original sin of the NLRAâits racist exclusion of domestic and farm workers from the protections of the Act.
Sanders also prioritizes legislation that would accelerate and codify badly needed regulatory reforms that got bogged down by right-wing judicial activism and corporate opposition during Obamaâs second term. These include the Browning-Ferris joint-employer standard, which curtail corporationsâ ability to hide behind franchise relationships to avoid bargaining over working conditions that they dictate in reality. He also calls for an expanded âpersuader rule,â which would force employers to disclose the names of their hired gun union-busters andÂ give union organizers equal access to workersÂ during an organizing campaign. A proposal to end the practice of misclassifying workers as âsupervisorsâ and âindependent contractorsâ in order to avoid paying benefits and overtime is lacking somewhat in detail, but letâs just assume that Bernie co-signsÂ whatever Elizabeth Warren proposes.
In the public sector, Sandersâ platform also calls for expanding the union rights of federal workersâincluding the right to strike and to bargain over wages. Ronald Reaganâs infamous termination of striking air traffic controllers in 1981 was a signal event in corporate Americaâs assault on unions. Ironically, that strike was sparked by the federal governmentâs refusal to bargain over wages. The right to bargain and strikeâlong denied to federal labor unionsâwould likely make strikes over routine collective bargaining matters less likely. But they would, as Sanders was quick to point out, empower federal workers to use their labor power to put an end to routine government shutdowns.
He also pledges to sign theÂ Public Service Freedom to Negotiate Act, which was introduced by Representative Matt Cartwright (D-Pa.) and Senator Maize Hirono (DâHawaii) in June and which would extend union rights to all state and local government employees as well.
Never waste a crisis
The turf of U.S. politics shifts beneath our feet like quicksand. This is a moment of great possibilities and existential threats. One of our biggest challenges as a labor movement is that too many of usâleaders, rank-and-filers and leftist critics alikeâview things as static, as stuck in a moment in time, whether that beÂ 2009, 1993 or 1978; That real change wonât happen without a crisis.
But we are already in a crisis.
The crisis right now is the threat of fascism, domestic terrorism and ethnic nationalism. These are all problems that have been made possible by the systemic corporate attack on union rights and a yawning gulf of economic inequality. Centrist politicians and shapers of public opinion who have hardly been friends to the working class are slowly waking up to the role that unions play in political education and voter turnout.
So even if Bernie doesnât win the nominationâif itâs Elizabeth Warren or Kirsten Gillibrand or even Kamala Harrisâwe still probably have a candidate and a growing portion of the Democratic establishment who recognize that they have to deliver real wins for working families if they donât want to get turned out of office all over again in 2022 by a racist and demagogic death cult.
As a labor movement, now is the time to demand more. Much more. Letâs take the issue of âjust cause,â which is a basic human right enjoyed in much of the world and the lack of it is one of the foundational problems that keeps most workers from pushing back on employersâ unreasonable commands.
Elizabeth Warren hasnât even put out her full labor platform yet. I fully expect it to be full of robust proposals to restore the legal rights and power of workers with some delightfully wonky detail. If she joins Sanders in endorsing just cause, the issueâwhich wasnât on any unionâs agendaâcould be on the fast track to the Democratic partyâs 2020 platform (as long as the candidate isnât someone who promises that ânothing would fundamentally changeâ).
Good ideas that are put onÂ anyÂ primary candidateâs agenda should remain onÂ laborâsÂ agenda in the years to come. When it comes to ideas for restoring the legal powers of workers, our approach should be âyes, and!â SEIU President Mary Kay Henry has the right approach for these times. The union released itsÂ own list of labor law demandsÂ on the same day as Sanders, and challenged every candidate to release a detailed labor plan âexplaining how they will make it possible for all working people to join unions.â The political moment, says Henry, âis no time for minor tweaks to our broken system.â
Let the primary of ideas continue!
Update: The day after Bernie Sanders’ plan came out,Â Beto O’Rourke released a labor plan that includes wage boards.
JohnÂ Hendy QC says: “The best proposal in BernieÂ Sandersâ platform is what he refers to as âsectoral collective bargainingâ while others in the academic and think tank world have been calling âwage boards.â .
Shaun Richman is anÂ In These TimesÂ contributing writer and the Program Director of the Harry Van Arsdale Jr. Center for Labor Studies at SUNY Empire State College. His Twitter handle is @Ess_Dog.
“Working In These Times”Â is dedicated to providing independent and incisive coverage of the labor movement and the struggles of workers to obtain safe, healthy and just workplaces.