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xchrom

(108,903 posts)
Tue Sep 18, 2012, 09:15 AM Sep 2012

After 225 Years, It's Time to Respect the Constitutional Rights of Workers

http://www.thenation.com/blog/169986/after-225-years-its-time-respect-constitutional-rights-workers

When the United States occupied Japan after World War II, General Douglas MacArthur and his aides worked with Japanese citizens to write a Constitution that would assure Hideki Tojo’s militarized autocracy was replaced with democracy. Fully aware that workers would need to have a voice in the new Japan, they included language that explicitly recognized that “the right of workers to organize and to bargain and act collectively is guaranteed.”

When the United States occupied Germany after World War II, General Dwight David Eisenhower and his aides worked with German citizens to write a Constitution that would assure that Adolf Hitler’s fascism was replaced with a democracy. Recognizing that workers would need to have a voice in the new Germany, they included a provision that explicitly declared:

'The right to form associations to safeguard and improve working and economic conditions shall be guaranteed to every individual and to every occupation or profession. Agreements that restrict or seek to impair this right shall be null and void; measures directed to this end shall be unlawful.'

When former first lady Eleanor Roosevelt chaired the International Commission on Human Rights, which drafted the Universal Declaration of Human Rights that would in 1948 be adopted by the United Nations as a global covenant, Roosevelt and the drafters included a guarantee that: “Everyone has the right to form and to join trade unions for the protection of his interests.”
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After 225 Years, It's Time to Respect the Constitutional Rights of Workers (Original Post) xchrom Sep 2012 OP
K&R. Overseas Sep 2012 #1
Repeal 14(b) of the Taft Hartley Act and enact the card checkoff byeya Sep 2012 #2
Right the fuck on. Starry Messenger Sep 2012 #3
Quite an irony. We imposed strong unions on Japan and Germany but not ourselves. pampango Sep 2012 #4
The Full Bill of Rights should apply to the workplace. appal_jack Sep 2012 #5
 

byeya

(2,842 posts)
2. Repeal 14(b) of the Taft Hartley Act and enact the card checkoff
Tue Sep 18, 2012, 09:29 AM
Sep 2012

system of voting for a workplace union.

I was an organizer for our to-be union and first getting show of interest cards signed; then having a vote, and then having the above appealed by management was time wasting[a help to management]; expensive[a help to management]; and allowed monied influence into the appeal process.
The system of labor organizing and negotiating a contract must be streamlined and a level field established. The situation as it now stands puts working people in a near impossible situation.

pampango

(24,692 posts)
4. Quite an irony. We imposed strong unions on Japan and Germany but not ourselves.
Tue Sep 18, 2012, 10:14 AM
Sep 2012

Strong unions in Japan and Germany worked. Now they have a strong middle class. At the same time we were pushing strong unions on the losers in WWII, we were passing Taft-Hartley and weakening our own.

The middle class in the countries that lost WWII ended up winning while that of the winning country ended up losing. We preached (and forced) the right thing on Japan and Germany but we have not practiced what we preached.

 

appal_jack

(3,813 posts)
5. The Full Bill of Rights should apply to the workplace.
Tue Sep 18, 2012, 11:21 AM
Sep 2012

We Americans (hopefully) all embrace the Bill of Rights as a codification of fundamental, inalienable, and self-evident freedoms. Throughout American history, more and more of those freedoms have been 'incorporated' into state law via Supreme Court decisions. This process of honoring the Fourteenth Amendment via incorporation has allowed for much of the progress we Democrats cherish, as certain states had otherwise resisted rights being extended to certain races, to women, and (still) to people on the basis of their sexuality, for example.

States are what charter corporations and issue licenses (dba's etc.) to private businesses. Yet for some strange reason many Americans, including too many here at DU, find it perfectly acceptable that one's right to free speech, one's freedom from unreasonable searches and seizures, and nearly every other civil right and liberty enshrined in our Constitution end at the workplace door. This is a ludicrous and pernicious notion. Why should a state be able to create a private entity via a corporate charter which then can violate rights that the state otherwise must protect?

We ought to always emphasize that our Constitutionally-guaranteed freedoms can and should be exercised at the times and places where we spend the majority of our waking hours: the workplace. A corporation gaining a charter from the state should only be possible with if said corporation agrees to respect the fundamental freedoms of its employees. Indeed, how can a state give a corporation a power which the state itself does not have? If a state must respect the First Amendment, etc., then so must the corporations it charters.

K&R

-app

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