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> "Companies can't stop you from unionizing." de jure != de facto Companies are legally prohibited from stopping unionization in the US. But that's not how it
by whoknew1122 6y ago
> "Companies can't stop you from unionizing."
de jure != de facto
Companies are legally prohibited from stopping unionization in the US. But that's not how it works in reality.
Most people work in an 'at-will' states. This means a company can terminate employees at any time. Want to unionize? Have at it.
All an employer needs to do is find is some company policy a person is violating (and trust me, EVERYONE is violates their company's policies from time-to-time, if only because company policies are so verbose and onerous). Your work badge isn't immediately visible? That's a policy violation. Go over your lunch a few minutes? That's a policy violation.
The company fires the unionizer. Now the onous is on the fired employee to prove that they were fired for unionizing. As long as the company doesn't say "I fired you because you were unionizing" (which they would never do), you got a lengthy legal battle on your hands.
Now where do you take your battle? To the NLRB. Now you have to fight against regulatory capture and political appointees who are hostile to the very idea of organized labor. Even if you do win, it will cost untold sums of time and money. It will be years before everything is adjudicated. At that point, what does it matter? The unionizer has been forced to move onto another job in the interim (and hope that the other company doesn't avoid hiring the person because of the labor complaint. And if the potential employer does? Another legal battle that the unionizer has to enter and prove).
- pc86 6y agoSo what is your suggestion then
- whoknew1122 6y agoWe could start with: 1.) Getting rid of at-will employment 2.) Have a NLRB that is functional and actually protects labor 3.) Lower the legal threshold for proving illicit anti-union activities 4.) Give teeth to laws protect that unionization and uniformly enforce those laws no matter the political party in power 5.) Staff the upper levels of the NLRB with career civil servants, not political appointees
- whimsicalism 6y agoHonestly, I would start with just a. eliminating workplace one-party consent recording laws in every state b. public advertising campaign + bounty - record your employer for violation of labor law and get paid a bounty if it is proven in court
- whimsicalism 6y agotwo-party* shit
- JAlexoid 6y agoIf you terminate at-will employment, then as a service provider I demand that we terminate at-will purchasing.