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Worldwide Clamor for Worker Rights to Organize
From the prisons of Iran to the ports of California, the cry went out Friday—let workers organize. International Human Rights Day, observed on Dec. 10, increasingly is an occasion to recognize labor rights as a distinctive, critical part of human rights, as recognized in the Universal Declaration of Human Rights and other international covenants. More than rights to freedom of speech or religion, the rights of workers combine collective and individual rights. Freedom of association—the right of workers to form unions, to bargain collectivelyand to take action such as strikes—is the precondition for the exercise of individual rights as workers.
We’re accustomed to governments and employers denying those rights in many less-developed countries. So it may outrage but not surprise manypeople when Amnesty International calls for urgent action in support of Reza Shahabi, the treasurer of the independent Tehran bus drivers’ union, who is on a hunger strike in Evin Prison protesting his arrest for organizing a union.. The Iranian government is holding several other leaders and members of the influential bus union for asserting their right to unionize, making them “prisoners of conscience,” according to Amnesty International.
Multinational companies operating in developing countries are often equally complicit with repressive governments in denying workers their rights. This year the International Labor Rights Fund (ILRF) named five companiesor business groups as the “worst companies of 2010 for the right to associate”—the Bangla Desh Garment Manufacturers and Exporters Association, Chiquita Brands International, Dole, Del Monte, and RJ Reynolds Tobacco Company.
For example, ILRF reports, banana workers in Chiquita’s Guatemalan subsidiary, Cobigua, have endured years of threats of job loss or violence as they have tried to organize—threats that are chilling in a country where 43 union leaders or members have been killed because of their union work. The company often pays less than the minimum wage or deprives workers of social security, at times using homework, subcontracting or other manipulations of the employment relationship to frustrate organizing and drive down wages. And in the two instances where workers negotiated a contract, the company has threatened to close operations if workers don’t accept freezes or cuts in wages and benefits.
Among developed countries, the United States has the worst record on protecting labor rights, with a combination of extraordinarily anti-union businesses and weak labor laws, often weakened further by conservative court rulings on such basics as the right to strike, as Rutgers University law professor James Gray Pope has argued.
Compared to most European countries many groups of American workers are simply excluded from protection of labor laws—and businesses exploit those loopholes.
Take the case of Will Cantwell, who drives a truck delivering goods from the port of Oakland, California, to warehouses and shipping destinations. He is considered an independent contractor, not an employee, because he owns his own truck and is responsible for maintaining it. But he works—exclusively, at the company’s insistence—for a shipper who unilaterally sets his payment by the load and sets his schedule, which always involves long hours of unpaid waits for a new assignment. He has no health insurance or retirement plan with his job, and given the hours he works and costs for his truck, he says he often earns less than the minimum wage. He and fellow port drivers have no right to organize under U.S. law. “Things look pretty grim,” he says. “The situation is inexcusable.”
The National Employment Law Project reaches the same conclusion in a new report, The Big Rig: Poverty, Pollution, and the Misclassification of Truck Drivers at America’s Ports. Port drivers are not really independent contractors, but their misclassification “drives the economics of the port trucking industry” and endangers public health and safety as well as the environment, the NELP study concludes.
“Misclassification of employees as independent contractors drains public coffers of tax dollars, strips workers of important protections and benef its, and undercuts companies that play by the rules,” it says. And because workers earn so little—netting on average around $10 an hour—they cannot afford to maintain their old trucks properly or buy new ones. Consequently they pollute the neighborhoods around the ports, endangering residents’ health.
But many other workers are also excluded deliberately from labor law protections, not just by misclassification. The Excluded Workers Congress, formed last summer at the U.S. Social Forum in Detroit, catalogs many of these workers’ problems in a new study, Unity for Dignity: Expanding the Right to Win Human Rights at Work.
They advocate full organizing rights and labor law protection for domestic workers, farm workers, taxi drivers, restaurant workers (tipped workers have lower minimum wage standards but can organize), day laborers, guestworkers, workfare workers, ex-prisoners (who are often forced on employment applications to reveal their incarceration, even after serving their punishment), and workers in right-to-work states. The list could even be longer, for example, including professors and graduate teaching or research assistants at private universities.
Some of these exclusions historically reflect efforts to exclude occupations dominated by black workers, such as farm or domestic work, but these are also growing categories of workers, who are abused and typically poorly paid.
But these workers are organizing, sometimes with allies (like environmentalists and community groups supporting port truckers). And they’re winning victories, such as a Domestic Worker Bill of Rights in New York state.
The battle for human rights for these excluded workers may still be long and hard, but it has at least begun.
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22 Comments so far
Show All" The battle for human rights for these excluded workers may still be hard and long but at least it has begun". Actually no. This is nothing new. It began around 100 years ago in the U.S. by the I.W.W.( International World Workers ). They were demonized as communists and the whore press used the pejorative wobblies and anarchists among others. The demonization worked so well that many of them were murdered and jailed before it got very far.
"To form a more Perfect Union"
socialism is not alien to the Americas.
The IWW is the Industrial Workers of the World to point out the necessity to organize according to INDUSTRY rather than craft to increase worker power. And the necessity to organize workers all across the globe.
Thanks for pointing this out. How many CD readers even recognize my nick? Sadly, the IWW has largely become just a historical society and (late) Utah Phillips groupie club.
There's some truth to the IWW not being a factor in the labor movement, but it's doing some fairly good organizing in certain sectors, like Starbucks, and industries in NY City where Blacks, Latinos and immigrants predominate. You could also argue that the labor movement as a whole is pretty impotent right now. So why not look at the IWW for its form? The reader who pointed out the way the IWW organizes, by industry, and worldwide, hit the nail on the head I believe. This prevents unions from being pitted against each other, from competing with each other. Solidarity. I would like to see a discussion take place about the form organizing should take -- the form resistance should take, included. I also recommend reading the IWW constitution. It's a remarkable document, and it was written 100 years ago. Everyone had to be included, and it made sure no one person or faction could take control. A blueprint for democracy. What we have now is a left that is run by what I call the biosphere. People who make their living off of it. Who go from one cool sounding job to another, working on their bio, who do what they do fundamentally to further their own interests. As long as you have that there's not going to be a mass movement. But mass movements arise spontaneously, and they will take a form, but that form is based on what? Chance. That's why if a form was in place, like democratically organized work places... it would be ready, and people would already have experience in running it.
Every state should be a Right to Strike state.
Where on this wretched planet could one go where there is not the foot of greed?
From the vast reaches of the frozen lands to the dry waterless expanses if it will yield lucre?
The few demand that the many give of their lives, labor, their children or anything of worth to them to enrich theiir existence.
It seems so easy to accomplish this when truth, trust, treat others as you would like to be treated are mere words spoken and on paper and not as deeds.
Karma will rule and "every whit paid" and yet how many will pay for the few? Tony
"Where on this wretched planet could one go where there is not the foot of greed?"
inside.
6' inside?
The trip can be had for free, but agreeable scheduling, comforts, and stopover/layover terms could be extremely expensive.
One could say that inside is where it starts from the heart and mind. Tony
vdb; missed the "inside" but even there they are raping the inside. Oil, gas, minerals? Tony
Saturday Night Live touches on the theme...
http://www.hulu.com/collections/552/200107
As a former supporter of the "Wobblies" (IWW), all I can say is it's about time we got back to their struggle.
This struggle is exactly what the Corporate Ruling Class most dreads, not emails, petitions, phone calls or visits to their bribed stooges in Congress.
I'm all for the notion on creating a human union. I've coined the term, "Humion" to this end. We would declare ourselves free of national identities. The ultimate goal would be to put together technological reservations, where we can create a modern, technological, civil society. We need one where working people are equally rewarded and honored for their contributions to society!
It is my opinion that it is time for us to evolve from being the employee to the worker/owner so we can stop begging and fighting for rights/control of the means of production. What is needed is access to bank loans, an education about worker-owned collectives and "how to" run effectively and a desire by the worker to WANT to own the means of production in a mutual context. Unions were great but the problem is that we shouldn't need the middle-man (union leadership) to negotiate working conditions/pay etc. For those who don't want to invest in a worker-owned business then unions are good...but for those who want more control with shared responsibility then worker owned collectives is a meaningful solution. Regardless...we need to support both ventures and unite with all workers around the world to bring dignity and justice to our lives.
It is my opinion that it is time for us to evolve from being the employee to the worker/owner so we can stop begging and fighting for rights/control of the means of production. What is needed is access to bank loans, an education about worker-owned collectives and "how to" run effectively and a desire by the worker to WANT to own the means of production in a mutual context. Unions were great but the problem is that we shouldn't need the middle-man (union leadership) to negotiate working conditions/pay etc. For those who don't want to invest in a worker-owned business then unions are good...but for those who want more control with shared responsibility then worker owned collectives is a meaningful solution. Regardless...we need to support both ventures and unite with all workers around the world to bring dignity and justice to our lives.
Beside the other insults truckers suffer, the authorities don't properly regulate working conditions. One Friday afternoon in Baltimore I had to pay the dock's strawboss an extra fee ($20, as I recall) to get loaded. The alternative was to sit all weekend without income but with expenses. Nice little racket they had going there.
I would bet they probably still do it.
Worldwide oppression requires a global response.
Conservative workers work against workers.
Together we stand, divided we fall. The corps and our govt have done a great job keeping us squabbling over stupid, mindless nonsense, ie political parties, don't ask don't tell. Abortion, etc etc etc. All these things push our buttons, and we strike out at each other. Mean while they are robbing us blind, and passing more laws to benefit them and to s crew us. We had better start paying attention to what this union of business and government is doing to us. For they are truly standing together, and we are truly falling.
WE THE WORKERS OF THE WORLD NEED TO STAND TOGETHER,TO ORGANISE, AND OVERCOME THE POWER OF CORPORATE GREED!
Here in the United States, we need to pressure on our elected officials, to overturn Taft-Hartley, which was enacted June 23, 1947. At the time,labor leaders called it the "slave-labor bill".
The following was taken from Wikipedia.
"The amendments enacted in Taft-Hartley added a list of prohibited actions, or "unfair labor practices", on the part of unions to the NLRB, which had previously only prohibited "unfair labor practices" committed by employers. The Taft–Hartley Act prohibited jurisdictional strikes, wildcat strikes, solidarity or political strikes, secondary boycotts, secondary or "common situs" picketing, closed shops, and monetary donations by unions to federal political campaigns. It also required union officers to sign non-communist affidavits with the government. Union shops were heavily restricted, and states were allowed to pass "right-to-work laws" that outlawed union shops. Furthermore, the executive branch of the Federal government could obtain legal strikebreaking injunctions if an impending or current strike "imperiled the national health or safety," a test that has been interpreted broadly by the courts."- Wikipedia