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Why Labor Organizing Should Be a Civil Right [Paperback]

Richard D. Kahlenberg , Moshe Marvit , Thomas Geoghegan
4.0 out of 5 stars  See all reviews (2 customer reviews)

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Book Description

March 21, 2012

American society has grown dramatically more unequal over the past quarter century. The economic gains of American workers after World War II have slowly been eroded —in part because organized labor has gone from encompassing one-third of the private sector workers to less than one-tenth. One reason for the labor movement's collapse is the existence of weak labor laws that, for example, impose only minimal penalties on employers who illegally fire workers for trying to organize a union. Attempts to reform labor law have fallen short because labor is caught in a political box: To achieve reform, labor needs the political power that comes from expanding union membership; to grow, however, unions need labor law reform.

Labor Organizing as a Civil Right lays out the case for a new approach, one that takes the issue beyond the confines of labor law by amending the Civil Rights Act so that it prohibits discrimination against workers trying to organize a union. The authors argue that this strategy would have two significant benefits. First, enhanced penalties under the Civil Rights Act would provide a greater deterrent against the illegal firing of employees who try to organize. Second, as a political matter, identifying the ability to form a union as a civil right frames the issue in a way that Americans can readily understand.

The book explains the American labor movement's historical importance to social change, it provides data on the failure of current law to deter employer abuses, and it compares U.S. labor protections to those of most other developed nations. It also contains a detailed discussion of what amending the Civil Rights Act to protect labor organizing would mean as well as an outline of the connection between civil rights and labor movements and analysis of the politics of civil rights and labor law reform.


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Editorial Reviews

Review

"A significant conceptual and practical framework for protecting the rights of workers to organize and for advancing equal opportunity, economic fairness, and social justice."
--Randi Weingarten, President, American Federation of Teachers


"Richard Kahlenberg and Moshe Marvit's prescription is just what our nation needs. This book is a must read!!!" 
--Amy B. Dean, principal of ABD Ventures, LLC, and Former President and CEO, South Bay AFL-CIO Labor Council


"This book couldn't come at a better time--just as America is beginning to discuss how to address our record high economic inequality. . . . The book should spark a needed conversation about how to best ensure that workers can join a union if they want."
--David Madland, Director, American Worker Project, Center for American Progress


"Kahlenberg and Marvit have done a great service by writing Why Labor Organizing Should Be a Civil Right, an important work with the potential to become the basis for a strong coalition on behalf of civil rights, racial equality and economic justice."
 
--Norman Hill (President Emeritus - A. Philip Randolph Institute) & Velma M. Hill

"This is the sort of huge rethinking that is needed if labor and progressive politics more generally are going to have a chance to advance in the decades ahead... This is a book worth reading and argument worth taking seriously."
 
Dean Baker, Co-Director of Center for Economic & Policy Research, The Huffington Post

"Richard Kahlenberg and Moshe Marvit make a persuasive case for strengthening workers' rights in a time of rising inequality. They also offer a clear-eyed analysis of the linked destiny of the labor and civil rights movements in America. In these times when civil rights and workers rights are under simultaneous attack, this book is a must read."

--Benjamin Todd Jealous, NAACP President and CEO

Review

"Richard Kahlenberg and Moshe Marvit make a persuasive case for strengthening workers' rights in a time of rising inequality. They also offer a clear-eyed analysis of the linked destiny of the labor and civil rights movements in America. In these times when civil rights and workers rights are under simultaneous attack, this book is a must read." —Benjamin Todd Jealous, NAACP President and CEO


Product Details

  • Paperback: 160 pages
  • Publisher: The Century Foundation (March 21, 2012)
  • Language: English
  • ISBN-10: 0870785230
  • ISBN-13: 978-0870785238
  • Product Dimensions: 0.5 x 6 x 9 inches
  • Shipping Weight: 9.6 ounces (View shipping rates and policies)
  • Average Customer Review: 4.0 out of 5 stars  See all reviews (2 customer reviews)
  • Amazon Best Sellers Rank: #638,856 in Books (See Top 100 in Books)

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3 of 3 people found the following review helpful
5.0 out of 5 stars One of the best books of the year September 1, 2012
Format:Paperback|Amazon Verified Purchase
This is truly a very important work. The idea of labor rights being a civil right comes from Tom Geoghegan a labor lawyer , author and significant creative thinker.
Businesses are basically "blowing off" union organizing efforts,preferring to pay a minor fine than allow their employees to negotiate a piece of productivity gains. We are in a wage drought because of this. The give and take of sharing productivity gains has led to us dramatically increasing inequality. I came away from the book appreciating the almost organic nature of how as productivity gradually rises ,workers need to negotiate and share in that productivity , something which is important for individual workers and also for the economy. Almost like the seasons of the year we need give and take with regard to hourly compensation negotiations.
The authors argue that labor is in a box and unless they can get out of the box and increase union membership it is very unlikely that the country will be able to move a progressive agenda.A must read for progressives and union members.
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0 of 1 people found the following review helpful
3.0 out of 5 stars Two basic problems February 20, 2013
Format:Paperback
First, the labor laws have been essentially unchanged since 1947. Yet union membership reached its peak density in the early 1950s when the same weak labor laws applied. More analysis is required to explain this fact. The relationship between weak labor law and decreasing union density is problematic. Second, the assumption that organizing would have more success under a different federal statutory regime is hard to accept. The new federal statute would be policed by the same conservative judges who refuse to apply existing labor law (as weak as it is) in an honest way. Further, the win rates of plaintiffs in federal civil rights cases is abysmal. Sure the remedies are better, but if no one ever wins and cases are routinely dismissed on summary judgment what difference does the theoretical remedial structure make? Would we not simply be exchanging one ineffective legal regime for another?
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