Confessions of a Union Buster
In his book, Martin Jay Levitt describes from experience what happens, saying:
"Union busting is a field populated by bullies and built on deceit. A campaign against a union is an assault on individuals and a war on the truth. As such, it is war without honor. The only way to bust a union is to lie, distort, manipulate, threaten, and always (one way or another) attack. The law does not (intervene)....rather, it serves to suggest maneuvers and define strategies," pitting media-supported companies, government, and corrupted union bosses against rank and file unionists, on their own, their grit, resourcefulness, and staying power alone for strategy.
Levitt also calls the National Labor Relations (Wagner) Act a "union buster's best friend" because "its complexity....presents endless possibilities for delays, roadblocks, and maneuvers that can undermine a union's efforts and frustrate" members. The union buster's key tactic is delay ahead of elections, buying time to organize "counter organizing drives," targeting members and immediate supervisors to fear, not embrace, unionism as allied with their interests.
Efforts are also made to discredit unionists by "routinely pr(ying) into (their) police records, personnel files, credit histories, medical records, and family lives in search of a weakness" to use against them. When no dirt's found, targeted workers are called gay or accused of cheating on their wives. It works in blue collar towns.
Other techniques involve "sackings," even though illegal under NLRA's Section 8(a)(3), prohibiting firing workers for urging others to join unions. Nonetheless, union busters know that reinstatement procedures take time, often years. The idea is to weaken support prior to elections, focusing heavily on winning over supervisor support, who, in turn, can influence rank and file members.
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He calls his purpose an effort "to inform and educate WORKERS and Union Organizers about what to expect from management in regards to Union Busting Terrorist Tactics used during union campaigns by management and their consultants in their attempt to defeat their employees from forming a union....or destroy (ones) that already exist."
Nonetheless, the Wagner Act, though measurably weakened, lets workers unionize. Specifically, its Section 7 states:
"Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid and protection."
Levitt also provides information on union busting propaganda, tactics used by Wal-mart and other companies, labor union resources, for-profit union busters, and more.
Economic Policy Institute (EPI) and American Rights at Work Education Fund on Thwarting Union Organizing
On May 20, 2009, they cited a new five-year study, showing employer anti-union behavior intensifying. Cornell University Professor Kate Bronfenbrenner (a noted labor expert) said employers are more than twice as likely to use 10 or more tactics to thwart organizing efforts.
Titled "No Holds Barred: The Intensification of Employer Opposition to Organizing," it focused on coercive and punitive tactics against organizing efforts, including threats, intimidation, interrogation, harassment, surveillance, retaliation and firings to thwart it. As a result, most workers without unions who want them at best find their wish indefinitely postponed.
Even when workers successfully unionize, 52% have no contract a year later, and for 37% it's two years. Moreover, besides intensive union busting tactics, employers are less likely to offer incentives such as unscheduled raises, positive personnel changes, bribes, special favors, social events, promises of improvement, and employee involvement programs.
In addition, private sector campaigns differ markedly from public sector ones, at least during the 1999 - 2003 period she studied. Recent events in Wisconsin, Ohio and other states show this very much is changing. Though most states let workers freely organize, current tactics show they're subjected to similar private sector tactics to strip away their rights and leave them powerless.
As a result, unionists face increasingly hard times because companies, government, and corrupted union bosses use today's economic environment against them, pleading hard times reasons for cutting back when, if fact, they're exploiting current conditions to reward corporate favorites at their expense.
Joe Hill was right saying "organize" to fight back. So is imprisoned human rights lawyer Lynne Stewart, saying: "Organize - Agitate, Agitate, Agitate, Love Struggle!"
Stephen Lendman is a Research Associate of the Centre for Research on Globalization. He lives in Chicago and can be reached at lendmanstephen AT sbcglobal DOT net. Visit his blog at sjlendman.blogspot.com and listen to The Global Research News Hour on RepublicBroadcasting.org Mondays from 11AM - 1PM US Central time for cutting-edge discussions with distinguished guests. All programs are archived for easy listening.