Crowds and the ICLR in Madison
Over the weekend, Truthout reported on the huge crowd that gathered in Madison Wisconsin to protest the law passed by the state legislature that limits the bargaining power of public employees’ unions. Police estimates put the crowd at up to 100,000, a number larger than the biggest tea party protest, held at the September 12, 2009 rally in Washington, D.C.; that crowd was estimated at 60,000-70,000.
Of equal interest , the International Commission of Labor Rights (ICLR) sent a letter to the Wisconsin State Legislature informing them that the law they passed against union bargaining is illegal: the first paragraph of the letter states:
“As workers in the thousands and hundreds of thousands in Wisconsin, Indiana and Ohio and around the country demonstrate to protect the right of public sector workers to collective bargaining, the political battle has overshadowed any reference to the legal rights to collective bargaining. The political battle to prevent the loss of collective bargaining is reinforced by the fact that stripping any collective bargaining rights is blatantly illegal. Courts and agencies around the world have uniformly held the right of collective bargaining in the public sector is an essential element of the right of Freedom of Association, which is a fundamental right under both International law and the United States Constitution.”
The International Commission for Labor Rights (ICLR) is a 501(c) non profit organization based in New York, whose function is to coordinate pro bono work through a global network of lawyers committed to advancing workers’ rights. The group was founded in 2001 at the request of more than 50 national trade unions and global federations. The network aspires to be a resource for unions and global workers’ rights. From their website, their statement of purpose is:
We believe that all working people have certain core rights, which we are committed to defending:
- to form and join unions, and to bargain collectively for better conditions at work
- to earn enough to support themselves and their families, so that children do not have to work
- to work freely, without force or coercion
- to be free from discrimination in the workplace
Their point about the illegality of the antilabor law just passed in Wisconsin is that it violates the constitutional rights of workers to assemble and that right of assembly grants them the right to form unions in any workplace, a right upheld time and again in the courts. When the National Labor Relations Act (NLRA or the Wagner Act) was passed in 1935, it did so with recognition that the absence of labor rights of organization had produced a conflict between labor and management that created low wages and periodic business cycle depressions. The NLRA was passed to give workers the rights to organize unions and that concept has been recognized for all of the work force, not just public vs private. In essence Wisconsin has run into the upheld constitutional authority for workers to organize and bargain. Taking that right away as Wisconsin and Indiana have done is unconstitutional. The ICLR does not have the force of law, but the organized rhetoric of legal authority and historically validated jurisprudence. Right now there are moves within Wisconsin to remove from office some of the Republican Senators who voted exclusively for the narrow antilabor law passed last week. Hopefully, the actions of the ICLR will provide a court-ordered injunction against this law, so that the issue can be resolved through the courts. It is hard to know how our Supreme Court would rule on this case, but it certainly needs to hear it. The financial crisis that Walker was using as his justification for trimming labor rights has no moral authority, as the recent law passed was narrowly targeted to public employee unions and did nothing to solve the fiscal crisis in Wisconsin, if indeed there is one. But according the the ICLR, the state has no legal authority to pass such a law. Before Governor Walker’s assault on unions, he granted tax breaks to corporations that put the state into further fiscal jeopardy. What would the state’s fiscal picture look like if these unneeded tax breaks had not been granted and which of them went to the Koch brothers interests? Walker’s objectives are nothing less than sticking with the Republican strategy of destroying Democracy in America by creating a faux crisis and then pinning the problem on labor unions. This one is right out of the Republican play book.
RFM
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