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| Union organizer Christian Smalls (center, in red) celebrates as he
speaks following a vote for the unionization of the Amazon Staten Island
warehouse in New York City, United States. Photo: Andrea Renault/ AFP Source |
Richard Mellor
Afscme Local 444, retired
GED/HEO
4-27-22
In previous commentaries I wrote about the success of the
workers at the Staten Island Amazon facility and their union, the Amazon Labor Union. I stressed
that this is a very positive development for the US working class as is the
increasing trend toward unionization among the unorganized workers. These
developments have the potential to transform the balance of class forces in the
US and introduce a new era for US workers but, as I wrote before, there are
real dangers.
Winning an NLRB election is just the beginning and as I
wrote on April 12th, “Amazon can institute
court action to challenge the legitimacy of the election itself and use other
legal avenues. During this time of course, the company will have a massive
in-house anti-union campaign using threats, coercion and treats and hopefully
force another election. Amazon could refuse to negotiate at all which could force the NLRB to file a complaint that the
company would appeal all the way to the Supreme Court.”.
This is standard
practice in these situations and knowing this, learning it from history, it is
important to stress that workers cannot rely
on the courts, so-called labor friendly politicians, or the Democratic Party
that is a home to many of them; they write all the laws. Unions were built by
relying on our own strength and using the only power that we have that works,
our ability to withdraw our labor power and shut down production.
The National Labor Relations Board
(NLRB) is a capitalist institution, a governmental panel that was a result of
the Wagner Act of 1935, more commonly known as the National Labor Relations Act
(NLRA). The NLRB is governed by a five-person panel with its own legal
counsel. All of the participants are appointed by the US president and have to
be confirmed by the US Senate; it is a tightly controlled bourgeois body
staffed by representatives of corporate America. The standard explanation as to
why the US government was so generous in passing the NLRA at all was to make it
easier for the US working class to form and belong to trade unions in the face
of decades of employer resistance and violence. The lie is that it was created
by the state to aid workers.
President “worker Joe” Biden, who most top labor officials claim is a good
union man, stressed this point last year saying, that since the NLRA, “….the
policy of the federal government has been to encourage worker organizing and
collective bargaining, not to merely allow or tolerate them.”
Why would the most ruthless, violent
ruling class in history “encourage”
workers to form unions if it wasn’t in their interest to do so? After all, only
60 years or so prior to the NLRA, workers even discussing such an idea could be
charged with conspiracy and could be tried in a court of law and not
by a jury of their peers as there were property qualifications required to
sit on juries.
In order to understand any social event
it is useful to scrutinize the objective conditions under which they arise. In
1934, one year prior to the NLRA legislation, there were three general strikes
in the US. The dock workers of San Francisco struck in a move that led to the
institution of the hiring hall system that undermined the power of the shipping
bosses over hiring. There was the Toledo
Auto-lite Strike where AJ Muste, a
radical Dutch minister organized the unemployed undermining the bosses’ efforts
to hire strikebreakers. And the 1934 Teamsters strike in Minneapolis that successfully organized truck drivers
and the working-class community against the anti-union trucking bosses. An
excellent account of this strike can be found in Teamster Rebellion by Farrell Dobbs. A chapter covering
all three of these strikes is in Art Preis’ account of the rise of the CIO, Labor’s Giant Step.
There are many other sources but I found these very inspiring.
In these three strikes
there were pitched battles in the streets with the national Guard and the
police, some 40,000 in downtown Minneapolis and in all three, workers were
killed. Even earlier, in response to the
great Depression that hit in 1929, there were strikes, riots, and the
Communist Party organized rent strikes and homeless protests. The legislation
passed in this period, and what is known as the New Deal, was a response to the
rising militancy of the US working class, its independent nature and the
influence of communists, socialists, anarchist and other radical movements that
were threatening capitalism and profit taking. The NLRA and the NLRB as part of
it, was intended to take the movement from the workplaces and streets in to the
courts and legislative bodies that capital controls. The same approach was used
in response to the Civil Rights movement and the Black Revolt of the 1950’s and
60’s.
In response to the
ALU victory in Staten Island, Amazon is making use of the institutions capital
creates that can derail union drives and at least give bosses more time to
threaten, coerce and fire union supporters, namely, the NLRB. In this case
Amazon is not simply challenging the validity of the election as I mention
above, it is challenging the intent of the board itself. It is claiming that
the NLRB is not neutral but biased in favor of the unions and this was not the
intent of the NLRA. It’s forcing “their”
justice system to determine whether the NLRB’s role is to “advocate for unionization or to enforce the National Labor Relations
Act neutrally”. Amazon Takes On the Labor Board, Wall
Street Journal 4-26-22
Amazon claims that
the NLRB’s actions prevented “….a, free
and fair election”.
We should not fool ourselves
here, we are not in agreement with the labor officials who claim victory when
they get employers to sign neutrality agreements or promote the capitalist parties
or institutions as favorable to workers; this does not mean we never the courts
or the law, we just don’t depend on it. Neutrality agreements disarm the worker
or our unions not the boss. The boss is never neutral nor should we be, we have
different class interests. And we should not fool ourselves in to thinking the courts
or the NLRB can defend the interests of the US working class.
I went here to read more about the
Wagner Act and it says with reference to workers’ rights
that the Act guarantees us:
“the right to self-organization, to
form, join, or assist labor organizations, to bargain collectively through
representatives of their own choosing, and to engage in concerted activities
for the purpose of collective bargaining or other mutual aid and protection.”
As with all social
gains, the massive upsurge after the 1929 depression forced the politicians of
capitalism to recognize our right to organize, they simply wrote in legal code,
rights already we had already exercised through our own independent, and more
often than not “illegal” activity.
However, the NLRA
also states:
It is declared to be
the policy of the United States to eliminate the causes of certain substantial
obstructions to the free flow of commerce and to mitigate and eliminate these
obstructions when they have occurred by encouraging the practice and procedure
of collective bargaining and by protecting the exercise by workers of full
freedom of association, self-organization, and designation of representatives
of their own choosing, for the purpose of negotiating the terms and conditions
of their employment or other mutual aid or protection.
And there is the catch. We are allowed to engage in
concerted activities as long as commerce and trade (economic activity therefore
profits) is not obstructed. The NLRA and its board is there to protect business
and profits. We all witness this when injunctions are brought against strikes
the minute they appear to be effective or harmful to the economy. This comes up
every few years during transit strikes here in the San Francisco Bay Area.
The NLRB is about as useful as the Occupational Safety and
Health Administration (OSHA) when it comes to protecting workers from injury or
sickness on the job. OSHA by the way was opposed on the US Chamber of Commerce,
the largest and most powerful gang in the US. A strike that hinders commerce,
disrupts profit taking, is terrorism as far as the owners of capital are
concerned and their courts will uphold that. They want us to bargain like
gentlemen and women over the few crumbs we are thrown from capitalism’s table.
To ensure this is process works is the purpose of the NLRB.
This legal manoeuvring suits the present heads of organized
labor to a T. Rather than allowing Amazon to use the courts to give it time to
work on its employees, the union hierarchy could be bringing the power of 14
million members in to the fray linking with the new fresh layers fighting for
the future. We know they won’t do this of course though they have the resources
to do so. Historically,
their whole orientation as this blog as stressed before is to “work with capitalism not against it”.
We witness this when the union hierarchy calls for a “cooling off” period in the middle of a strike that looks like it
might hurt the business. Who calls for the troops to “cool off” in the heat of a battle they look like they might be
winning?
But this doesn’t mean if we are a member of a union, we do
nothing. Sarah Nelson, the leader of the Association of Flight Attendants CWA- AFL-CIO
has raised the issue of a General Strike more than once apparently. The Vermont
AFL-CIO called for a General Strike in support of Joe Biden when Trump
suggested he might not leave office if he lost the election.
Those of us that have been active in the labor movement for
any period of time know this is simply hot air. Walter Johnson former president
of the Retail Clerks Local 1100, then head of the San Francisco Labor Council,
talked of the need for a General Strike on many occasions but never used his
position as a prominent labor leader to make it happen, just the opposite.
Now we have a new leadership of the Teamsters union, a
coalition that includes the Teamsters For a Democratic Union (TDU) that it
describes as “militant”.
The very least that any active member can do is discuss this
situation in the workplace and introduce a resolution at the local level. We
can raise the General Strike and the importance of building it as it has been
thrown around of late. We can point to the huge army of full-time staff
organized labor has that can organize visits to workplaces and unions around
the country instead of carrying out the concessionary policies of the
hierarchy, organizing rallies to prepare and setting a date for a one-day work stoppage
for starters. Activity like this can
also be part of building a rank and file caucus at the shop floor/local union
level.
Resolutions or appeals demanding leaders of the organized
labor movement, the AFL-CIO and Change to Win groups, build stronger links with
the AWU and the Starbucks workers and offer them the resources that the heads
of organized labor have at their disposal can help to raise these important
issues forcing debate and discussion in the workplaces and union halls.
Many union members have given up, they think that the
leadership cannot be moved or removed but history shows otherwise; either way,
we should not abandon the struggle against the union hierarchy for the consciousness
of the membership. It is the duty of every serious activist to counter their
concessionary policies and build an alternative.
It is not an easy task but it is a necessary one on the road
to transforming the relationship between organized workers and the bosses.
We know that the entrenched bureaucracy atop organized labor
will resist taking any such action and instead point to the courts and the
NLRB, so they can blame them for their own failings. “We need to get more pro-labor folks on the NLRB”, they will argue,
but workers don’t get to choose the members of the NLRB, the bosses’
politicians do.
There are many locals where the hierarchy has less influence
and that becomes somewhat secondary. Pointing out a way forward, making the
arguments for it, explaining the dangers of the NLRB trap and the importance of
relying instead on our own strength is what matters. In other words where we
have the ability to lead we should. Where we don’t, we can help clarify where
the obstacle lies and help overcome the dominant view among so many workers that
we can’t change things, that nothing can be done. The AWU victory at Amazon and
gains at non-union workplaces like Starbucks are small but important steps that
prove otherwise.
Further reading
Amazon
Labor Union Victory Also Brings Dangers
Amazon
Workers’ Union Can Usher in a New Era