Just this week, three Senate Democrats blocked the confirmation of David Weil to lead the Labor Department’s wage and hour division, which is supposed to protect workers. Mr. Weil held the same job under President Barack Obama and earned a reputation for trying to do it — for example, by seeking to prevent companies from improperly treating workers as contractors. Employers did not want an encore.
“I heard from a lot of business owners,” Senator Mark Kelly of Arizona, one of the three Democrats, told Politico by way of justification for his opposition.
Tellingly, the share of workers who would like to be in unions is much higher than the share of unionized workers. The government has cooperated with employers to frustrate that desire. Almost as soon as it had legalized collective bargaining in the 1930s, Congress began to backtrack, constraining American unions more tightly than unions in other democracies.
The government has gradually granted employers wide-ranging powers to frustrate unionization campaigns through propaganda, via threatened and actual mistreatment of workers and by closing operations if workers vote to unionize. To the extent that some tactics remain illegal, companies rarely suffer anything more than token penalties….
The circumstances were extraordinary, which is what it takes to win under the current rules. A parallel organizing campaign at an Amazon warehouse in Alabama mounted by the Retail, Wholesale and Department Store Union appears headed for defeat.
The victory is still incomplete. The vote establishes the union as the official representative of the JFK8 workers. But companies often refuse to negotiate. An analysis of union votes in 2007 found that among the roughly 900 groups of workers who voted to engage in collective bargaining, fewer than half obtained a first contract within the following year. Three years later, almost a third still had not obtained that first contract.
even after unionization succeeds, corporations have a variety of levers to suppress worker struggle. since the employer has control over hiring and firing, it can remove pro-union workers, hire ones more likely to be anti-union, fail to negotiate in good faith resulting in a poor contract, and then call a decertification election. given that amazon warehouses routinely fire their entire workforce yearly, this will likely be their tactic.