Why are Workers' Rights Violations So Rampant? [View All]

[Earth Bound Misfit]

http://www.americanrightsatwork.org/publications/general/why-are-workers-rights-violations-so-rampant.html


The right to form a union and collectively bargain is a basic right, recognized by U.S. federal law since 1935 and universally recognized and protected around the world. So why is it that over 20,000 workers are fired or discriminated against each year for union activities in this country? One reason workers’ rights violations are so widespread is because the American labor law system offers terribly weak punishments.

American Employers Face No Effective Reprisals for Violating Workers’ Rights

A Slap on the Wrist: If an employer is found guilty of violating labor law, the typical remedy is ordering the employer to post a notice in the workplace promising not to break the law.

No Punitive Damages: Employers that illegally fire workers for union activity are not required to pay fines or damages. The law just requires a worker’s lost earnings to be repaid, minus whatever amount the worker earned in the interim.

Bargain Prices: In 2003, the average “backpay” award for a worker was $3,800. Human Rights Watch has assessed that employers are aware that an order to pay backpay is a “small price to pay to destroy a workers’ organizing effort by firing its leaders.”

No Three-Strikes Law: Repeat violations can continue indefinitely because the NLRA does not provide for tougher penalties for repeat violators, in contrast to OSHA, EPA and other governmental agencies.

Technicalities: The government turns a blind eye to behavior undermining the intention of the law. 75% of employers hire consultants during organizing drives. These “unionbusting” consultants help companies implement legal tactics to thwart workers’ rights to organize without technically breaking the law.