Aspects of labor law:
There are all kinds of experts on labor law, but nearly all of them work for big corporations. A handful of them work for unions. A great example in Texas is the law governing workplace injuries. Corporations have legal specialists; the injury victim has almost no chance of getting represented. Unions began to be legalized and regulated with the Railway Labor Act and the National Labor Relations Act, but there are lots of exceptions and limitations. There are also lots of different kinds of law that apply:
Civil rights law
Contract law, election law, and labor law
Texas Payday Law
"Employment at will" concept
"Right to scab" Taft-Hartley anti-labor law
The DoL has a summary of federal laws on line: https://www.dol.gov/general/aboutdol/majorlaws
Texas Workforce Commission has some state and federal employee protection laws summarized on-line: https://www.twc.texas.gov/jobseekers/employee-rights-laws
Thomas Bulin, who is a grievance chairman at UAW848, sent several good references:
https://www.nlrb.gov/cases-decisions/decisions/weekly-summaries-decisions
https://citenet.nlrb.gov/assets/CiteNetOutline.pdf
https://www.aele.org/law/emplmenu.html
https://www.ueunion.org/stwd_jstcause.html
https://citenet.nlrb.gov/assets/CiteNetOutline.pdf
Here are a bunch of true/false questions that we discussed on July 16, 2023. I'll put the answers we came up with further down.
The fight is always between bosses and workers. Government plays a neutral role.
Most worker protections in Texas come from the federal government
In general, Americans have the right to picket anywhere there is public access
Americans can picket in shopping malls
Americans can picket in strip malls
If no union is involved, a Texas boss can fire someone just because he doesn’t like them
Every Texas worker who benefits from a union contract must pay union dues
Americans have the recognized right to organize unions
American workers don’t need professional organizers to form a union
“Justice delayed is justice denied” applies to union organizing elections and first contracts
Union members can hold meetings inside their workplaces
American workers can wear union buttons and shirts while working
Corporations usually have lawyers to represent them with workplace injury suits
Injured Texas worker usually have lawyers to represent them in workplace injury suits
Texas workers cannot be fired for refusing to work overtime
Any union can help any other union win a strike
Railroad workers have the same legal rights as any other American workers
Unionized railroad workers and some Teamsters can help other unions win a strike
Food service and agricultural workers have the same legal rights as any other American workers
Union contracts can supersede other laws
Dues money can go to candidates
Dues money can be spent to campaign for candidates to the public
Americans won the 8-hour day once and for all.
Texas minimum wages are the same as federal.
Texas bosses can be compelled to pay undocumented immigrants in a timely manner
**
Answers:
1. Government was never neutral
2. Texas offers few protections, most come from federal law
3. Freedom of assembly allows us to picket on public-access sidewalks. Normally, we don't get away with it in shopping malls nor strip malls
4. "Employment at will" means that Texas bosses can fire us for almost anything not specifically prohibited
5. "Right to scab" means that the "closed shop" was outlawed by Taft-Hartley in 1947. Workers can freeload on the union
6. Texas workers have a federal right to join unions and, in theory, can't be fired for organizing (see "employment at will") but it is inadvisable to try to organize a union without a professional organizer who knows the law and can help keep you from getting fired and getting other people fired.
7. Employers almost always stall on our right to organize. They drag it out as long as they can, while they scheme to defeat us
8. Union members can hold meetings inside the workplace as long as it doesn't interfere with their work, so it's usually at lunchtime or breaks. This applies to workers protected by the right to organize. They can also wear union paraphernalia unless it interferes with their work
9. Corporations have lots of lawyers. Workers can, in theory, get lawyers, but Texas makes it really difficult, especially in injury cases
10. Oddly, Texas law says that people cannot be fired for refusing to work overtime. (see "employment at will"). Further, "Under state law, an employer may not require any employee to work seven consecutive days in a retail establishment and may not deny an employee at least 24 consecutive hours off for rest or worship in each seven-day period. The time off must be in addition to any regular periods of rest allowed during each work day." May 23, 2022
11. The Taft Hartley law amended the National Labor Relations Act to prohibit "secondary boycotts" where unions helped each other by respecting their picket lines. However, it did not affect the Railway Labor Act; consequently, railroad workers and some Teamsters can and will respect your strike picket lines!
12. Food service and agricultural workers were exempted from the National Labor Relations Act, so they have very little protection or help from federal law. "Government employees" were also exempted, as we found out from Leslie Cunningham. That is why most Texas public employees do not have the right to bargain for contracts. But, Leslie adds, "(b) The policy of this state is that fire fighters and police officers, like employees in the private sector, should have the right to organize for collective bargaining, as collective bargaining is a fair and practical method for determining compensation and other conditions of employment. Denying fire fighters and police officers the right to organize and bargain collectively would lead to strife and unrest, consequently injuring the health, safety, and welfare of the public.”
13. Union contracts can't supercede other laws
14. Unions can use dues money to say almost anything to their members, but not to the public. They can't give dues money to candidates nor can they campaign to the public for candidates.
15. Employers are forever messing with our hours, so the 8-hour day is not sacrosanct
16. Texas minimum wages were brought UP to the federal level only recently, they have never exceeded it
17. Oddly, Texas has one really outstanding labor law. The Texas Payday law says they have to pay their workers in a timely way, no matter who those workers may be. Employers break this law a lot, so someone needs to help the workers find their rights.