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Workers' Rights

Across America, working families are dedicated to the economic advancement to promote fairness in the workplace and establish policies that help men and women meet the dual demands of work and family. Yet all too often, workers who attempt to join unions, assert other rights in the workplace, or file complaints with protection or civil rights agencies face employer threats, retaliation and discrimination.

Other issues affecting the well-being of working Americans include tax cuts, bankruptcy reform, and the minimum wage.

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Survey Shows Public Support for the Fair Arbitration Act

April 29, 2009 - Posted by Jessica Paquette

A new survey shows that nearly 60 percent of likely voters oppose mandatory arbitration clauses in employment and consumer contracts.

Mandatory arbitration clauses require a consumer or employee to agree to settle any disputes in arbitration, which is when a private third party reviews and settles the dispute. In doing so, individuals waive his or her right to sue, to participate in a class action lawsuit, or to appeal.  These clauses are often hidden in the fine print of contracts, such as cell phone and employment contracts.

The Fair Arbitration Now Coalition says that mandatory arbitration denies Americans their Seventh Amendment right to trial in civil disputes. According to the survey, many Americans are unaware that their right to a trial is taken from them when they sign contracts with mandatory arbitration clauses.

The surveyalso found that 59 percent of likely voters support the Arbitration Fairness Act. The Act specifies that mandatory arbitration clauses cannot be applied to employment, consumer, or franchise disputes. It also prohibits mandatory arbitration in disputes arising under any statute intended to protect civil rights.

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Civil Rights Community Rallies around Employee Free Choice Act

April 17, 2009 - Posted by Robyn Kurland

A woman in a nurse's uniform, with caption: It's time for Congress to pass the Employee Free Choice Act

The Employee Free Choice Act (EFCA) is gaining support across the country as well as on Capitol Hill, with more than 150 grassroots organizations joining President Obama, Vice President Biden, and congressional leaders in support of the bill.

EFCA will give workers the option to choose how to form a union, either by ballot or by getting a majority of employees to sign a union-authorization card.

But the Employee Free Choice Act has engaged more than just the labor community. The right to organize affects all Americans, especially in these difficult economic times. A recent poll shows that 73 percent of Americans favor passing legislation that makes it easier for workers to organize.

As part our "Calling for Justice" series, LCCREF held a national conference call last week to discuss the potential impact of EFCA and to rally national, state, and local leaders around the bill. 

"The passage of the Employee Free Choice Act is critically important to all of us; it's critically important to the economy of our country; it's critically important to rebuilding the strength of the middle class," said Wade Henderson, president & CEO of LCCR.

A coalition of civil and human rights organizations, religious organizations, and local activists have come together in support of the bill, including American Rights at Work, whose new ad campaign, Faces of the Employee Free Choice Act, tells the stories of workers who are fighting for their right to organize.

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Employee Free Choice Act Is Good for Black Workers

April 3, 2009 - Posted by Katie Kohn

The Employee Free Choice Act, which is currently under consideration by Congress, is a bill that would make it easier for all workers to join unions by giving them the option to choose how to form a union, either by ballot or by getting a majority of employees to sign a union-authorization card.

If passed, the bill would be particularly good for African Americans, who join unions because union jobs provide better wages and health care benefits than non-union jobs.  Black workers who are in unions earn 28 percent more than non-unionized Black workers and are approximately 16 percent more likely to have health insurance benefits than non-unionized Black workers.

In addition, unions have historically played a critical role in the upward mobility of African Americans and they still help to provide African Americans with better wages and healthcare benefits than they would get with non-union jobs.

The Employee Free Choice Act is supported by LCCR and other civil rights organizations, who point to a long history of collaboration between the labor movement and the civil rights movement.  Today is the anniversary of the assassination of the Rev. Dr. Martin Luther King, Jr., who was killed while in Memphis, Tenn., to organize sanitation workers in 1968.

"Dr. King was assassinated helping to lead a struggle of sanitation workers to win the freedom to form a union and bargain collectively with their employer. The struggle of those workers continues today as Congress works to pass the Employee Free Choice Act to improve the lives of working men and women regardless of race, color or creed," said Benjamin Jealous, president and CEO of the NAACP.

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Today in Civil Rights History: Labor Leader César Chávez' Birth Anniversary

March 31, 2009 - Posted by Katie Kohn

César Chávez and Duncan West of the Teamsters speaking at a Delano grape strike rally.

César Chávez and Duncan West of the Teamsters speaking at a Delano grape strike rally.

Photo Credit: Joel Levine

Today is the birthday anniversary of labor leader and civil rights activist César Chávez (1927-1993).

Chávez worked tirelessly throughout his career to get higher wages and better working conditions for underpaid farm workers.  Chavez started out as a community organizer at the Community Service Organization (CSO), a Latino civil rights organization, and eventually became the organization's national director. In 1962, he left the CSO to co-found the National Farm Workers Association (NFWA) with Dolores Huerta, so he could organize farm workers full time.

Chávez' first big success with the NFWA came in 1965.  That year, NFWA joined the Delano Grape Strike, a strike of California grape pickers initiated by the Agricultural Workers Organizing Committee, and turned the strike into a major campaign that attracted national attention.

During the strike, the two unions merged to form the United Farm Workers (UFW).  The strike lasted five years and, in the end, more than 10,000 grape pickers were able to sign UFW union contracts that got them higher wages.

Chávez continued to work for farm workers' rights until his death in 1993.

Chávez' birthday is a holiday in eight states and people celebrate him by promoting service to the community.  This year, in honor of Chávez, UFW is holding a series of marches and rallies around the country throughout March and April.

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Today in Civil Rights History: Triangle Shirtwaist Factory Fire

March 25, 2009 - Posted by Marcus-Alexander Neil

People at a demonstration holding signs that say

Demonstration of protest and mourning for victims of the Triangle Shirtwaist Factory fire of March 25, 1911.

On March 25, 1911, a fire broke out at the Triangle Shirtwaist Factory in New York City, an event that galvanized the city and sparked a movement that led to legislation that improved factory safety and workers' protections.

Nearly 150 workers died in the fire, unable to escape from the building due to locked exits and a broken fire escape. It was the most tragic industrial disaster in the history of New York City, and was the worst workplace disaster in the city until the terrorist attacks of September 11, 2001.

The Triangle Shirtwaist Company manufactured women's blouses, which were called "shirtwaists" or simply "waists" at the time. Most of the company's 600 workers were female immigrants from Eastern Europe, Italy and Germany, some as young as 12, who were paid a mere six or seven dollars a week.

The origins of the fire are unknown, but the fire sparked efforts to improve safety laws and workers' compensation laws.

The International Ladies' Garment Workers' Union (ILGWU), which grew in size and political power in the wake of the fire, organized a large rally and the Women’s Trade Union League campaigned to investigate working conditions for laborers and collected testimonies.

The governor of New York set up a Factory Investigating Commission, which conducted hearings across the state for five years. As a result, vital factory safety legislation was passed and new workers' compensation laws were pased.

The building that housed the Triangle Shirtwaist Company, now called the Brown Building, is a national historic landmark. The UNITE HERE union, which includes ILGWU, honors workers' contributions to American soceity every year on the fire's anniversary.

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The Employee Free Choice Act Will Help Workers Weather Economic Crisis

March 11, 2009 - Posted by Marcus-Alexander Neil

Wade Henderson speaking at a rally in front of the U.S. Capitol with people holding signs

Wade Henderson, president and CEO of LCCR, speaking at a June 2007 Employee Free Choice Act rally in Washington, D.C.

Credit: American Rights at Work

As the nation faces a severe recession, workers will need more protection than ever.

The Employee Free Choice Act, which is pending in Congress, will make it easier for workers to form a union by giving them a choice in how they want to form one, either by ballot or by getting a majority of employees to sign a union-authorization card.

"Unions provide a buffer in difficult economic times. They help preserve economic benefits and maintain job security. Moreover, unions do so in a manner that is sensitive to the needs of business," said Wade Henderson, president and CEO of the LCCR, in testimony before the Senate Committee on Health, Education, Labor & Pensions yesterday.

Union members on average receive a higher wage than non-union employees, are far more likely to have health care benefits, and have a greater share of health care benefits paid for by their employers.

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Today in Civil Rights History: Charlotte E. Ray, First Female African-American Lawyer

February 27, 2009 - Posted by Jessica Paquette

Charlotte E. Ray graduated from Howard Law School on February 27, 1872, becoming not only the first female African-American lawyer in the United States but also the first practicing female lawyer in Washington, D.C.

Ray was born in 1850 in New York City, where her father worked as a minister and was a prominent abolitionist. She attended the Institution for the Education of Colored Youth in Washington, D.C., one of the few educational institutions in the country that educated African-American girls.

In 1869, Ray began teaching at Howard University, which was established in 1867 to educate emancipated slaves and their decedents. During her first year of teaching, Ray was accepted into the Howard School of Law, where she applied under the name "C.E. Ray" because the university was reluctant to admit women to its law program.

Upon graduating in 1872, Ray opened a law practice, specializing in commercial law. However, Ray was unable to maintain her practice due to race and gender discrimination.  She returned to New York in 1879 where she worked as a teacher in Brooklyn. She was active in the women's suffrage movement until her death at age 60.

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Employment Discrimination Cases Face Uphill Battle in Federal Courts

February 23, 2009 - Posted by Marcus-Alexander Neil

If you are a victim of employment discrimination, your case is more likely to be dismissed compared with other types of cases, and your chances of winning in court are slim, according to recent studies.

Between 1979 and 2006, plaintiffs in federal cases won 15 percent of employment discrimination cases. In comparison, the success rate was 51 percent in all other civil cases. Even when plaintiffs in these cases do win in court, the decision is reversed on appeal over 41 percent of the time.

These statistics can be attributed to a range of issues such as the lack of minority judges on federal courts and the difficulty in proving employment discrimination, which is often covert.

The recent passage of the Lilly Ledbetter Fair Pay Act will give employees a wider window of time in which they are permitted to challenge pay discrimination, but they will likely still face a tough time in court.

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Funding in Economic Recovery Plan Should Create Jobs for Unemployed Minorities

February 18, 2009 - Posted by Antoine Morris

President Obama aims to create or save 3.5 million jobs over the next two years by spending some of the money in the recently-enacted stimulus plan on modernizing the nation's roads and bridges, investing in public transportation, and making federal office buildings more energy-efficient.

Civil rights advocates hope that the stimulus plan actually puts unemployed Americans, many of whom are Black and Hispanic, to work.  Currently, Hispanic and Black unemployment rates – at 9.7 and 12.6 percent respectively – are higher than the rates for other racial and ethnic groups.

To help close that gap, the National Urban League (NUL) has recommended that a portion of money be targeted (PDF) towards job training, job placement and job preparation for disadvantaged workers. NUL also urged the government to ensure minority- and women-owned businesses are in a position to take advantage of federal contract opportunities.

"It would be unconscionable to spend hundreds of billions of dollars of taxpayer money and simply go back to where we were two years ago. We need to do better than that. We need to actually close that gap that can only be explained at the end of the day by the inclusion of race between white and black unemployment rates," said Ben Jealous, president and CEO of the NAACP.

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White Shirt Day: Celebrate Union Workers' Struggle for Fair Treatment

February 10, 2009 - Posted by Maggie Owner

UAW workers guarding a window entrance of the GM plant during the 1937 Flint Sit-Down Strike

UAW workers guarding a window entrance of the GM plant during the 1937 Flint Sit-Down Strike.

Tomorrow, February 11, is White Shirt Day, a day to honor workers who participated in a 1937 strike that led to the unionization of the entire U.S. auto industry.

In 1948, Bert Christenson, a member of the United Auto Workers (UAW) union, started the tradition of wearing white shirts every February 11 as a way to commemorate the end of the Flint Sit-Down Strike. White shirts are worn to show that "blue-collar" workers deserve the same respect and recognition as their "white-collar," management counterparts.

The Flint Sit-Down strike began on December 30, 1936, at a General Motors Corporation (GM) plant in Flint, Mich., and ended 44 days later on February 11, 1937. A "sit-down" strike is when workers physically take over a plant or factory and keep management out until the workers' demands are met.

At the time, the UAW was less than two years old and very small.  Union leaders decided the only way to unionize all U.S. autoworkers would be to go after GM, which was then the largest car company in the country. They choose the Flint plant because it was one of only two GM factories that produced the dies needed to make car body components at other factories. This would keep GM from simply moving production to another one of their factories.

The agreement between GM and the UAW that ended the strike gave the UAW sole bargaining rights for all GM workers, and eventually led to the unionization of the entire auto industry. Today, the UAW has more than 500,000 members, and is one of the largest and most diverse unions in North America. 

Wear your white shirt tomorrow to honor the Flint strikers and all union workers.

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