http://inthesetimes.com/article/13010/a_civil_solution_to_labors_problems/
an application of the rights model to job site organizing:
"amend the Civil Rights Act to bar discrimination on the basis of exercising the right to unionize, just as employers are currently prohibited from discriminating against employees on the basis of race, gender, religion, marital status, physical ability and – in some jurisdictions – sexual orientation. "
"wronged workers would have recourse to remedies unavailable under current labor law. They would have the right to sue in federal court for compensatory and punitive damages. They would have the right to discovery and a jury trial. They would have the right to seek recovery of attorney’s fees and court costs"
“ '....effectively shift the basic right of an employee to join or organize a union from what has long been conceived of as a collective right to an individual right.
.... in 2009 the National Labor Relations Board took an average of 483 days to decide a wrongful termination case, and its average back-pay award was $5,149. "
Confronted with the prospects of being required to submit to discovery, trial by jury and liability for unpredictable financial judgments, employers would have to consider long and hard the potential risks and costs incurred for each and every individual violation of an employee’s civil rights during an organizing campaign.”
ya baby do it the 'murikin way
contingent fees...jury trials..... unlimited discovery...
most of all
compensatory AND PUNITIVE damages
get those noble trolls
the ambulance chasers into the scrap !!!
this is a paradigm both middle ameriks
and the peoples' Shysters understand
as the link sez:
"...Confronted with the prospects of being required to submit to discovery, trial by jury and liability for unpredictable financial judgments, employers would have to consider long and hard the potential risks and costs incurred for each and every individual violation of an employee’s civil rights during an organizing campaign.”
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of course first
we got a s need for traditional collective activity
on the job !!!!! raise some chaos
possible task:
create a job site corporate rules disobedience movement
intentional violations of corporate class peace
may need to be bigger and bad-er then the civil rights movement
of the 50's and 60's
the lunch counter model springs to mind
analogy here:
mass on the job evictions maybe even arrests
while shouting "where are my rights.... my wagner rights "
the link seems implicitly content to lobby congress..... of course it does
building the circus wagon
before finding the horses to pull it
t
regulation official union voodoo
(vide the EFCA blanket toss )
---------------------------------
okay now we got lots of decent souls fired
what's the new step two
after the job site massacres
after we undertake the direct on site action line ?
"where's our NLRB ?
we demand our Wagner rights "
recall :
".... organizers (today)
as a matter of credibility and conscience,
no longer distribute Your Rights Under the Law palm cards to workers ...."
of course not
"...the penalties for coercive or retaliatory violations
under the National Labor Relations Act
are
virtually unenforceable
serve no deterrent value. "
sooooooooo
seems obvous enough to me
attack
the NLRB ...no ?
flood em with concentrated violations
call in the media
bring in bus loads of public pickets
not at job sites
but at NLRB hq and branch ops
there must be an uprising here
not just cloak room hustles
numbers will matter
citizen activists
will need to be engaged
in the mind of the people
corporate job sites
must become the next 'human hell hole'
corporate Amerika
another "good ole Dixie "
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