front cover of Alt-Labor and the New Politics of Workers' Rights
Alt-Labor and the New Politics of Workers' Rights
Daniel J. Galvin
Russell Sage Foundation, 2024
Over the last half century, two major developments have transformed the nature of workers’ rights and altered the pathways available to low-wage workers to combat their exploitation. First, while national labor law, which regulates unionization and collective bargaining, has grown increasingly ineffective, employment laws establishing minimal workplace standards have proliferated at the state and local levels. Second, as labor unions have declined, a diversity of small, under-resourced nonprofit “alt-labor” groups have emerged in locations across the United States to organize and support marginalized workers. In Alt-Labor and the New Politics of Workers’ Rights, political scientist Daniel J. Galvin draws on rich data and extensive interviews to examine the links between these developments. With nuance and insight, Galvin explains how alt-labor groups are finding creative ways to help their members while navigating the many organizational challenges and structural constraints they face in this new context.

Alt-labor groups have long offered their members services and organizing opportunities to contest their unfair treatment on the job. But many groups have grown frustrated by the limited impact of these traditional strategies and have turned to public policy to scale up their work. They have successfully led campaigns to combat wage theft, raise the minimum wage, improve working conditions, strengthen immigrants’ rights, and more. These successes present something of a puzzle: relative to their larger, wealthier, and better-connected opponents, alt-labor groups are small, poor, and weak. Their members are primarily low-wage immigrant workers and workers of color who are often socially, economically, and politically marginalized. With few exceptions, the groups lack large dues-paying memberships and are dependent on philanthropic foundations and other unpredictable sources of funding. How, given their myriad challenges, have alt-labor groups managed to make gains for their members?

Galvin reveals that alt-labor groups are leveraging their deep roots in local communities, their unique position in the labor movement, and the flexibility of their organizational forms to build their collective power and extend their reach. A growing number of groups have also become more politically engaged and have set out to alter their political environments by cultivating more engaged citizens, influencing candidate selection processes, and expanding government capacities. These efforts seek to enhance alt-labor groups’ probabilities of success in the near term while incrementally shifting the balance of power over the long term.

Alt-Labor and the New Politics of Workers’ Rights comprehensively details alt-labor’s turn to policy and politics, provides compelling insights into the dilemmas the groups now face, and illuminates how their efforts have both invigorated and complicated the American labor movement.
 
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front cover of Are Worker Rights Human Rights?
Are Worker Rights Human Rights?
Richard P. McIntyre
University of Michigan Press, 2008

"In a much-needed intervention, Ric McIntyre recasts the debate about globalization and labor rights and speeds us to the heart of the matter: the battle between transnational corporations who distance themselves from responsibility for the fate of workers, and labor activists who seek to reestablish bonds of accountability and moral obligation. The stakes in this struggle are enormous, and Dr. McIntyre provides crucial insight into the economic and political dynamics that define it."
---Scott Nova, Executive Director, Worker Rights Consortium, Washington, DC

"This book presents an insightful, powerful corrective to the contemporary debate over worker rights. McIntyre identifies the limitations of thinking of worker rights as individualized human rights and challenges us instead to examine how rights are defined through conventional thinking and class interest. The product is rich and compelling: McIntyre's investigation demands of us that we be far more attentive to the contradictory effects of ‘rights talk.' I recommend this book enthusiastically to all those who advocate for a just economic order the world over."
---George DeMartino, Associate Professor of Political Economy, the Josef Korbel School of International Studies, University of Denver

"An important contribution to the interdisciplinary study of labor. McIntyre's book will challenge the debate over labor rights on all fronts."
---Michael Hillard, Professor of Economics, University of Southern Maine

"A timely examination of our modern 'sweating system' . . . essential reading for all workers who hope for greater dignity in the workplace and greater fairness in society."
---Janet Knoedler, Associate Professor of Economics, Bucknell University

"Ric McIntyre convincingly shows how local actions, regulations changes, and international norms can combine to establish collective rights for workers."
---Gilles Raveaud, Assistant Professor in Economics, University of Saint-Denis, France, and cofounder of the "post-autistic economics movement"

"An important, timely, and needed contribution to our understanding of worker rights."
---Patrick McHugh, Associate Professor of Management, George Washington University

"Workers of the world, unite!" Karl Marx's famous call to action still promises an effective means of winning human rights in the modern global economy, according to economist Richard P. McIntyre. Currently, the human rights movement insists upon a person's right to life, freedom, and material necessities. In democratic, industrial nations such as the United States, the movement focuses more specifically on a person's civil rights and equal opportunity.

The movement's victories since WWII have come at a cost, however. The emphasis on individual rights erodes collective rights---the rights that disadvantaged peoples need to assert their most basic human rights. This is particularly true for workers, McIntyre argues. By reintroducing Marxian and Institutional analysis, he reveals the class relations and power structures that determine the position of workers in the global economy. The best hope for achieving workers' rights, he concludes, lies in grassroots labor organizations that claim the right of association and collective bargaining.

At last, an economist offers a vision for human rights that takes both moral questions and class relations seriously.

Richard P. McIntyre is Director of the University Honors Program and Professor of Economics at the University of Rhode Island.

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Broken Promise
The Subversion Of U.S. Labor Relations
James A. Gross
Temple University Press, 2003
The Wagner Act of 1935 (later the Wagner-Taft-Hartley Act of 1947) was intended to democratize vast numbers of American workplaces: the federal government was to encourage worker organization and the substitution of collective bargaining for employers' unilateral determination of vital work-place matters. Yet this system of industrial democracy was never realized; the promise was "broken." In this rare inside look at the process of government regulation over the last forty-five years, James A. Gross analyzes why the promise of the policy was never fulfilled. Gross looks at how the National Labor Relations Board's (NLRB) policy-making has been influenced by the President, the Congress, the Supreme Court, public opinion, resistance by organized employers, the political and economic strategies of organized labor, and the ideological dispositions of NLRB appointees. This book provides the historical perspective needed for a reevaluation of national labor policy. It delineates where we are now, how we got here, and what fundamental questions must be addressed if policy-makers are to make changes consistent with the underlying principles of democracy.
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front cover of Constituting Workers, Protecting Women
Constituting Workers, Protecting Women
Gender, Law and Labor in the Progressive Era and New Deal Years
Julie Novkov
University of Michigan Press, 2001
Constitutional considerations of protective laws for women were the analytical battlefield on which the legal community reworked the balance between private liberty and the state's authority to regulate. Julie Novkov focuses on the importance of gender as an analytical category for the legal system.
During the Progressive Era and New Deal, courts often invalidated generalized protective legislation, but frequently upheld measures that limited women's terms and conditions of labor. The book explores the reasoning in such cases that were decided between 1873 and 1937. By analyzing all reported opinion on the state and federal level, as well as materials from the women's movement and briefs filed in the U.S. Supreme Court, the study demonstrates that considerations of cases involving women's measures ultimately came to drive the development of doctrine.
The study combines historical institutionalism and feminism to address constitutional interpretation, showing that an analysis of conflict over the meaning of legal categories provides a deeper understanding of constitutional development. In doing so, it rejects purely political interpretations of the so-called Lochner era, in which the courts invalidated many legislative efforts to ameliorate the worst effects of capitalism. By addressing the dynamic interactions among interested laypersons, attorneys, and judges, it demonstrates that no individuals or institutions have complete control over the generation of constitutional meaning.
Julie Novkov is Assistant Professor of Political Science, University of Oregon
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front cover of England's Great Transformation
England's Great Transformation
Law, Labor, and the Industrial Revolution
Marc W. Steinberg
University of Chicago Press, 2016
With England’s Great Transformation, Marc W. Steinberg throws a wrench into our understanding of the English Industrial Revolution, largely revising the thesis at heart of Karl Polanyi’s landmark The Great Transformation. The conventional wisdom has been that in the nineteenth century, England quickly moved toward a modern labor market where workers were free to shift from employer to employer in response to market signals. Expanding on recent historical research, Steinberg finds to the contrary that labor contracts, centered on insidious master-servant laws, allowed employers and legal institutions to work in tandem to keep employees in line.

Building his argument on three case studies—the Hanley pottery industry, Hull fisheries, and Redditch needlemakers—Steinberg employs both local and national analyses to emphasize the ways in which these master-servant laws allowed employers to use the criminal prosecutions of workers to maintain control of their labor force. Steinberg provides a fresh perspective on the dynamics of labor control and class power, integrating the complex pathways of Marxism, historical institutionalism, and feminism, and giving readers a subtle yet revelatory new understanding of workplace control and power during England’s Industrial Revolution.
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front cover of The Gospel of Progressivism
The Gospel of Progressivism
Moral Reform and Labor War in Colorado, 1900-1930
R. Todd Laugen
University Press of Colorado, 2010
Chronicling the negotiations of Progressive groups and the obstacles that constrained them, The Gospel of Progressivism details the fight against corporate and political corruption in Colorado during the early twentieth century. While the various groups differed in their specific agendas, Protestant reformers, labor organizers, activist women, and mediation experts struggled to defend the public against special-interest groups and their stranglehold on Colorado politics.

Sharing enemies like the party boss and corporate lobbyist who undermined honest and responsive government, Progressive leaders were determined to root out selfish political action with public exposure. Labor unions defied bosses and rallied for government protection of workers. Women's clubs appealed to other women as mothers, calling for social welfare, economic justice, and government responsiveness. Protestant church congregations formed a core of support for moral reform. Labor relations experts struggled to prevent the outbreak of violence through mediation between corporate employers and organized labor. Persevering through World War I, Colorado reformers faced their greatest challenge in the 1920s, when leaders of the Ku Klux Klan drew upon the rhetoric of Protestant Progressives and manipulated reform tools to strengthen their own political machine. Once in power, Klan legislators turned on Progressive leaders in the state government.

A story of promising alliances never fully realized, zealous crusaders who resisted compromise, and reforms with unexpected consequences, The Gospel of Progressivism will appeal to those interested in Progressive Era reform, Colorado history, labor relations, and women's activism.

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Governing the Workplace
The Future of Labor and Employment Law
Paul C. Weiler
Harvard University Press, 1990

During the past thirty years, the American workplace has undergone fundamental changes in the composition of its workforce, its technology, its financial structure, and its competitive position. These social and economic transformations have been paralleled by equally profound changes in the legal framework of the employment relationship. The National Labor Relations Act has proved incapable of protecting the long-established right of employees to union representation against growing resistance by employers. And to fill the gap created by the decline of unions, the legislatures and courts have been busy creating and enforcing many new individual employee rights.

Governing the Workplace addresses this new world of work. Its main concern is with the question of who will represent the interests of workers in major decisions about their lives: how and when they will be hired, fired, and retired, and how they will be treated when they are on the job. The book examines in vivid detail many real-life problems, ranging from wrongful dismissal and mandatory drug testing to pay equity and occupational safety, to employee involvement on the shop floor and in the corporate boardroom. Should workers be represented by a lawyer in the courtroom, by a government official in charge of an administrative program, by the employer’s personnel manager, by the union leader engaged in collective bargaining with the employer, or by the employees themselves participating in a committee that exercises real influence inside the firm? After undertaking a systematic appraisal of each of these options, leading labor lawyer Paul Weiler develops a blueprint for the reconstruction of the law of the workplace, especially designed to give American workers more effective representation.

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front cover of The Labor Board Crew
The Labor Board Crew
Remaking Worker-Employer Relations from Pearl Harbor to the Reagan Era
Ronald W. Schatz
University of Illinois Press, 2021
Ronald W. Schatz tells the story of the team of young economists and lawyers recruited to the National War Labor Board to resolve union-management conflicts during the Second World War. The crew (including Clark Kerr, John Dunlop, Jean McKelvey, and Marvin Miller) exerted broad influence on the U.S. economy and society for the next forty years. They handled thousands of grievances and strikes. They founded academic industrial relations programs. When the 1960s student movement erupted, universities appointed them as top administrators charged with quelling the conflicts. In the 1970s, they developed systems that advanced public sector unionization and revolutionized employment conditions in Major League Baseball.

Schatz argues that the Labor Board vets, who saw themselves as disinterested technocrats, were in truth utopian reformers aiming to transform the world. Beginning in the 1970s stagflation era, they faced unforeseen opposition, and the cooperative relationships they had fostered withered. Yet their protégé George Shultz used mediation techniques learned from his mentors to assist in the integration of Southern public schools, institute affirmative action in industry, and conduct Cold War negotiations with Mikhail Gorbachev.

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front cover of Labor Justice across the Americas
Labor Justice across the Americas
Leon Fink, Juan Palacio
University of Illinois Press, 2018
Opinions of specialized labor courts differ, but labor justice undoubtedly represented a decisive moment in worker 's history. When and how did these courts take shape? Why did their originators consider them necessary? Leon Fink and Juan Manuel Palacio present essays that address these essential questions. Ranging from Canada and the United States to Chile and Argentina, the authors search for common factors in the appearance of labor courts while recognizing the specific character of the creative process in each nation. Their transnational and comparative approach advances a global perspective on the various mechanisms for regulating industrial relations and resolving labor conflicts. The result is the first country-by-country study of its kind, one that addresses a defining shift in law in the first half of the twentieth century. Contributors: Rossana Barragán Romano, Angela de Castro Gomes, David Díaz-Arias, Leon Fink, Frank Luce, Diego Ortúzar, Germán Palacio, Juan Manuel Palacio, William Suarez-Potts, Fernando Teixeira da Silva, Victor Uribe-Urán, Angela Vergara, and Ronny J. Viales-Hurtado.
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front cover of Law and Employment
Law and Employment
Lessons from Latin America and the Caribbean
Edited by James J. Heckman and Carmen Pages
University of Chicago Press, 2004
Law and Employment analyzes the effects of regulation and deregulation on Latin American labor markets and presents empirically grounded studies of the costs of regulation.

Numerous labor regulations that were introduced or reformed in Latin America in the past thirty years have had important economic consequences. Nobel Prize-winning economist James J. Heckman and Carmen Pagés document the behavior of firms attempting to stay in business and be competitive while facing the high costs of complying with these labor laws. They challenge the prevailing view that labor market regulations affect only the distribution of labor incomes and have little or no impact on efficiency or the performance of labor markets. Using new micro-evidence, this volume shows that labor regulations reduce labor market turnover rates and flexibility, promote inequality, and discriminate against marginal workers.

Along with in-depth studies of Colombia, Peru, Brazil, Argentina, Chile, Uruguay, Jamaica, and Trinidad, Law and Employment provides comparative analysis of Latin American economies against a range of European countries and the United States. The book breaks new ground by quantifying not only the cost of regulation in Latin America, the Caribbean, and in the OECD, but also the broader impact of this regulation.
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front cover of Law and the Shaping of the American Labor Movement
Law and the Shaping of the American Labor Movement
William E. Forbath
Harvard University Press, 1991
Why did American workers, unlike their European counterparts, fail to forge a class-based movement to pursue broad social reform? Was it simply that they lacked class consciousness and were more interested in personal mobility? In a richly detailed survey of labor law and labor history, William Forbath challenges this notion of American “individualism.” In fact, he argues, the nineteenth-century American labor movement was much like Europe’s labor movements in its social and political outlook, but in the decades around the turn of the century, the prevailing attitude of American trade unionists changed. Forbath shows that, over time, struggles with the courts and the legal order were crucial to reshaping labor’s outlook, driving the labor movement to temper its radical goals.
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Root-Cause Regulation
Protecting Work and Workers in the Twenty-First Century
Michael J. Piore and Andrew Schrank
Harvard University Press, 2018

Work is now more deadly than war, killing approximately 2.3 million people a year worldwide. The United States, with its complex regulatory system, has one of the highest rates of occupational fatality in the developed world, and deteriorating working conditions more generally. Why, after a century of reform, are U.S. workers growing less safe and secure? Comparing U.S. regulatory practices to their European and Latin American counterparts, Root-Cause Regulation provides insight into the causes of this downward trend and ways to reverse it, offering lessons for rich and poor countries alike.

The United States assigns responsibility for wages and hours, collective bargaining, occupational safety, and the like to various regulatory agencies. In France, Spain, and their former colonies, a single agency regulates all firms. Drawing on history, sociology, and economics, Michael Piore and Andrew Schrank examine why these systems developed differently and how they have adapted to changing conditions over time. The U.S. model was designed for the inspection of mass production enterprises by inflexible specialists and is ill-suited to the decentralized and destabilized employment of today. In the Franco-Iberian system, by contrast, the holistic perspective of multitasking generalists illuminates the root causes of noncompliance—which often lie in outdated techniques and technologies—and offers flexibility to tailor enforcement to different firms and market conditions.

The organization of regulatory agencies thus represents a powerful tool. Getting it right, the authors argue, makes regulation not the job-killer of neoliberal theory but a generative force for both workers and employers.

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Socializing Security
Progressive-Era Economists and the Origins of American Social Policy
David A. Moss
Harvard University Press, 1996

Socializing Security examines the early movement for worker-security legislation in the United States. It focuses on a group of academic economists who became leading proponents of social insurance and protective labor legislation during the first decades of the twentieth century. These economists—including John R. Commons and Richard T. Ely—founded the American Association for Labor Legislation (AALL). As intellectuals and political activists, they theorized about the social efficiency of security legislation, proposed policies, and drafted model bills. They campaigned vigorously for industrial safety laws, workers’ compensation, unemployment insurance, and compulsory health insurance.

The AALL reformers were successful in some of their legislative campaigns, but failed in two of their most important ones, those for unemployment insurance and health insurance. In examining the obstacles that the reformers faced, David Moss highlights a variety of political and institutional constraints, including the constitutional doctrine of federalism and gender-biased judicial decisions.

The goal of the AALL reformers, Moss demonstrates, was not to relieve the poor, but rather to prevent workers and their families from falling into poverty as a result of accidents or illness. In favoring security over relief, economists in the progressive era defined and confirmed what has remained, for some eighty years, one of the essential values of American social policy. In concluding, Moss suggests that new policies may now be necessary in an economy in which falling wages and fewer jobs, rather than industrial hazards, are increasingly to blame for the precarious situation of the American worker.

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