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LABOR IS NOT A COMMODITYByPaul F. ColeLabor of human beings is not a commodity nor an article of commerce and never shall be so considered or construed. Article 23, New York State Constitution The right of workers to organize a union and bargain collectively is under assault in the United States orchestrated by a web of corporations, right-wing think tanks and foundations who have put shareholder value as the economy’s principle goal. The assault is counter to firmly established international documents, national and state laws, religious doctrine and sound economic policy. Labor rights are human rights. Adopted by the United Nations General Assembly on December 10, 1948, Article 23 of the Universal Declaration of Human Rights states, “Everyone has the right to form and join trade unions for the protection of his interests.” The International Labor Organization (ILO)’s International Covenant on Economic, Social and Cultural Rights standards include the freedom of association where workers are able to “join trade unions that are independent of government or employer influence and the right to collective bargaining.” The National Labor Relations Act of 1935 (also known as the Wagner Act) guiding principle is “encouraging the practice and procedure of collective bargaining and by protecting the exercise by workers of full freedom of association, self-organization, and designation of representatives of their own choosing, for the purposes of negotiating the terms and conditions of their employment or other mutual aid.” It covers employees in the private sector. The New York State constitution adopted by the Constitution Convention of 1938, states, “Every employee shall have the right to organize and to bargain collectively through representatives of their own choosing.” It notes in Article 23, “Labor of human beings is not a commodity nor an article of commerce and never shall be so considered or construed.” Wisconsin law, for example, states, “an employee has the right, if the employee desires, to associate with others in organizing and bargaining collectively through representatives of the employee’s own choosing, without intimidation or coercion from any source.” In 1967, New York adopted the Public Employees’ Fair Employment Act, also known as the Taylor Law, which states, “The legislature of the state of New York declares that it is the public policy of the state and the purpose of this act to promote harmonious and cooperative relationships between government and its employees and to protect the public by assuring, at all times, the orderly and uniterrrupted operations and functions of government. These policies are best effectuated by granting public employees the right to organization and representation.” The right to organize and bargain collectively is not only a human and legal right but a moral imperative supported by virtually all major religions. Most people of faith recognize the natural connection between religious creeds and the mission of organized labor. Both religion and labor celebrate the dignity and worth of the individual and are committed to the concept of economic and social justice. Historically, religious writings have defended the right of workers to form unions that work to improve their lives and their communities. The National Council of Churches policy states its conviction “that not only has labor a right to organize, but also that it is socially desirable that it is do so because of the need for collective action in the maintenance of standards of living.” The Catholic Church, both in its encyclicals on labor and other statements of doctrine, has clearly defined policy on the issue. The Church’s position: “Labor can have no effective voice as long as it is unorganized. To protect its rights it must be free to bargain collectively through its own chosen representatives.” The Central Conference of American Rabbis write, “Workers have the same inalienable right to organize according to their own plan for their common good and to bargain collectively with their employers through such honorable means as they choose.” Perhaps, a Methodist document sums it up best, “Collective bargaining, in its mature phase, is democracy applied to industrial relations. It is representative and reasoned compromise taking the place of authoritarian rule by force in the economic sphere. In its highest form, it is the Christian ideal of brotherhood translated into the machinery of daily life.” The assault on labor is, in part, a result of an economic policy shift from what recently deceased Cornell Distinguished Professor of Corporate and Business Law Lynn Stout wrote in her brilliant book The Shareholder Value Myth: How Putting Corporations First Harms Investors, Corporations, and the Public. There has been a shift from “stakeholder capitalism” where employers attempt to maintain an equitable and working balance among the claims of stockholders, employees, customers, and the public at large to “shareholder capitalism” where the sole goal is to maximize profits and shareholder value. Under this philosophy, workers become a commodity – a cost to be controlled. Unions, whose mission is to gain and equitable share of the profits for workers, now become target number one because of their advocacy for workers. As the old labor songs says, Which side are you on?Paul F. Cole is the executive director of the American Labor Studies Center and secretary-treasurer emeritus of the New York State AFL-CIO. ................
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