Employee Free Choice Act: Historians Petition Congress
Employee Free Choice Act: Historians Petition Congress
Employee Free Choice Act: Historians Petition Congress
Editor’s Note: The following was sent by a group of historians to Congress on March 18
To the Members of Congress:
We, the undersigned historians, feel a special obligation to speak out on behalf of the Employee Free Choice Act. In our courses, we describe how freedom of association became a prized American right and how, for working people, freedom of association became a reality when the National Labor Relations Act of 1935 granted them a protected right to organize and bargain collectively through representatives of their own choosing. Students know this. It’s in the New Deal chapter of every textbook. So for them, it comes as a shock to discover when they enter the working world that they don’t dare exercise the rights the law says they have. And it’s up to us, as historians, to explain why they have been so badly let down.
The labor law, although amended and interpreted over many years, is still conditioned by a grand bargain made in 1935: the state would rule with a light hand if employers complied in good faith. That bargain once worked reasonably well, but no longer. In recent years, employers have taken to fighting the law at every turn. They have, in effect, withdrawn their consent, and it is no longer true that workers can exercise the rights the law says they have. NLRB elections have fallen by half in the past decade, and only a trickle of workers—about 30,000 in 2007—now gain collective bargaining through NLRB certification. The law is grinding to a halt. And, what is equally bad, we have a major act on the books that dishonors the rule of law in this country.
The remedies, however, are easily within reach. First: increase the penalties on employers who commit unfair labor practices and provide swift injunctive relief for victimized workers. Second: make employers who flout their duty to bargain (which they do, successfully, in nearly half of all first-contract negotiations) subject to a mediation/arbitration process. Third: enable workers to demonstrate their support for collective bargaining by signing authorization cards and thereby insulate them from the employer coercion that accompanies—and is given a platform by–the representation election.
These three provisions constitute the Employee Free Choice Act. It is legislation that deserves the support of every Senator and Representative who believes in the purposes of our labor law, which are, as it said 1935 and still says today, to protect “the exercise by workers of full freedom of association, self-organization, and designation representatives of their own choosing, for the purpose of negotiating the terms and conditions of their employment or other mutual aid or protection.”
We quote these words to our students. We’d like to believe they have meaning today. So we, the undersigned historians, support the Employee Free Choice Act and urge Congress to pass it this session.
Joseph Abel, Rice University
Steven Attewell, University of California, Santa Barbara
Bill Barry, Community College of Baltimore County
Rachel Batch, Widener University
Matthew Basso, University of Utah
David Bensman, Rutgers University
Charles Bergquist, University of Washington
Hy Berman, University of Minnesota (Emeritus)
Matthew Bewig, University of Florida
Eileen Boris, University of California, Santa Barbara
Kevin Boyle, Ohio State University
Robert L. Brandfon, College of the Holy Cross (Emeritus)
Stephen Brier, City University of New York
David Brody, University of California-Davis
Jennifer E. Brooks, Auburn University
Sean Burns, University of California, Santa Cruz
Michael Robert Bussel, University of Oregon
Daniel Clark, Oakland University (Michigan)
Shannan W. Clark, Montclair State University
Ina Clausen, University of California
Bruce Cohen, Worcester State College
Deborah Cohen, University of Missouri, St. Louis
Lizabeth Cohen, Harvard University
Peter Cole, Western Illinois University
Patricia Cooper, University of Kentucky
Michael Denning, Yale University
Alan Derickson, Pennsylvania State University
Victor G. Devinatz, Illinois State University
Thomas Dublin, State University of New York, Binghamton
Melvyn Dubofsky, State University of New York, Binghamton
Cassandra Engeman, University of California, Santa Barbara
Beth English, Princeton University
John Enyeart, Bucknell University
Jack Epstein, Ohio University
Leon Fink, University of Illinois, Chicago
Eric Foner, Columbia University
Kenneth Fones-Wolf, West Virginia University
Dana Frank, University of California, Santa Cruz
Mary O. Furner, University of California, Santa Barbara
Joshua B. Freeman, City University of New York
Eric Fure-Slocum, St. Olaf College
Nancy F. Gabin, Purdue University
Roberta Gold, Fordham University
Linda Gordon, New York University
Elliott Gorn, Brown University
Daniel A. Graff, University of Notre Dame
Brian Greenburg, Monmouth University
Julie Greene, University of Maryland
James N. Gregory, University of Washington
Trevor Griffey, University of Washington
Michelle Haberland, Georgia Southern University
Cindy Hahamovitch, College of William and Mary
Jacquelyn Dowd Hall, University of North Carolina-Chapel Hill
Brian Harding, Mott Community College (MI)
Donna T. Haverty-Stacke, Hunter College, City University of New York
Tobias Higbie, University of California, Los Angeles
Susan Hirsch, Loyola University, Chicago
Nate Holdren, University of Minnesota
Darryl Holter, University of Southern California
Michael Honey, University of Washington, Tacoma
George Hopkins, College of Charleston
Joseph Hower, Georgetown University
Bill Issel, San Francisco State University (Emeritus)
Maurice Jackson, Georgetown University
Stanford Jacoby, University of California, Los Angeles
Alison Jaggar, University of Colorado, Boulder (Philosophy)
Elizabeth Jameson, University of Calgary
Dolores Janiewski, Victoria University of Wellington (New Zealand)
Moon-Ho Jung, University of Washington
Daniel Katz, State University of New York, Empire State College
Harvey Kaye, University of Wisconsin, Green Bay
Michael Kazin, Georgetown University
Linda K. Kerber, University of Iowa
Alice Kessler-Harris, Columbia University
Alexander Keyssar, Harvard University
Jennifer Klein, Yale University
Kitty Krupat, Joseph S. Murphy Institute, City University of New York
Elizabeth Lamoree University of California, Santa Barbara
Bruce Laurie, University of Massachusetts
Mark Lause, University of Cincinnati
Andrew H. Lee, New York University, Bobst Library
Steve Leikin, San Francisco State University
Susan Levine, University of Illinois, Chicago
Alex Lichtenstein, Florida International University
Nelson Lichtenstein, University of California Santa Barbara
John P. Lloyd, California State Polytechnic University, Pomona
Erik Loomis, Southwestern University
James J. Lorence, University of Wisconsin, Marathon County
Jennifer Luff, University of California, Irvine
Gordon K. Mantler, Duke University
Tara Martin, University of New Mexico
Joseph A. McCartin, Georgetown University
Laurie Mercier, Washington State University, Vancouver
Steve Meyer, University of Wisconsin-Milwaukee
Ruth Milkman, University of California Los Angeles (Sociology)
David Montgomery, Yale University
Bethany Moreton, University of Georgia
Laura Murphy, Dutchess Community College
Michelle Nacy, University of Washington, Tacoma
Roxanne Newton Mitchell Community College (NC)
Mai Ngai, Columbia University
Otto Olsen, Northern Illinois University
John S. Olszowka, Mercyhurst College
Liesl Orenic, Dominican University (IL)
Fraser Ottanelli, University of South Florida
Grace Palladino, University of Maryland
Kimberly Phillips, College of William and Mary
Lisa Phillips, Indiana State University
Michael C. Pierce, University of Arkansas
Peter Rachleff, Macalester College
Marcus Rediker, University of Pittsburgh
Patricia A. Reeve, Suffolk University (MA)
Jan Reiff, University of California Los Angeles
Jacob Remes, Duke University
Robert Reutenauer, Middlesex Community College
John L. Revitte, Michigan State University
David Roediger, University of Illinois
Leslie S. Rowland, University of Maryland, College Park
Francis Ryan, Moravian College
Scott Saul, University of California, Berkeley
Robert Schaffer, Shippensburg University of Pennsylvania
Ellen Schrecker, Yeshiva University
Harvey Schwartz, San Francisco State University
Rebecca Sharpless, Texas Christian University
Elizabeth Shermer, University of California, Santa Barbara
Nikhil Pal Singh, University of Washington
Aiden J. Smith, University of North Carolina, Chapel Hill
José A. Soler, University of Massachusetts, Dartmouth
Theodore Steinberg, Case Western Reserve University
Marc Stern, Bentley University
Randi Storch, State University of New York, Cortland
Landon Storrs, University of Houston
David Suisman, University of Delaware
Kerry Taylor, The Citadel
Heather Ann Thompson, University of North Carolina at Charlotte
Laura Vapnek, St. John’s University
Zaragosa Vargas, University of California, Santa Barbara
L. J. Andrew Villalon, University of Texas, Austin
Daniel J. Walkowitz, New York University
Devra Weber, University of California, Riverside
Seth Wigderson, University of Maine at Augusta
Charles Williams, University of Washington, Tacoma
James Wolfinger, DePaul University
Charles A. Zappia, San Diego Mesa College
Robert Zieger, University of Florida
David Zonderman, University of South Carolina