Notes on a Theory…

Thoughts on politics, law, & social science

Just Cause Employment as Labor Law Reform

with one comment

I’ve expressed skepticism about the possibility of federal labor law reform, the white whale of organized labor.  Instead, I’ve suggested two alternate routes–first, the use of executive orders or other presidential policies to advance labor rights, and second, state level reforms.  Obviously, any effort needs to find a way to make a case that goes beyond ‘this will be good for unions’.  This is true even through non-union workers and society as a whole benefits from strong unions.

At Just Cause Reform (h/t Corey Robin), Rand Wilson offers a suggestion that meets that criteria and can be pursued at multiple levels–meaning it would not depend on getting a bill through the Senate.

What’s left to achieve that might inspire all workers—union and non-union alike?

“Employment security” could be the remaining frontier. A campaign to pass state laws requiring “just cause” before a worker is fired could also spur union growth, since one of the top reasons workers are afraid of organizing is the knowledge they are likely to be terminated.

Our existing laws have not diminished workers’ fears because the procedures are too uncertain and lengthy (two to three years at the Labor Board and another two years in the courts) to provide any assurance. Winning state “just cause” laws that allow cases to be decided quickly by arbitrators might give workers more confidence.

On the face of it, this proposal seems far more plausible then the alternatives.

Winning “just cause” legislation will certainly not be easy. But building a movement on a similar scale to the effort put behind EFCA would offer union activists an opportunity to champion an issue that would benefit all workers and also help union growth.

A “just cause” campaign could potentially engage working people at many levels. Short of state or federal legislation, local unions, central labor councils, and worker centers could seek to enforce a just cause standard through workers’ rights boards and community pressure.

I don’t see this as a magic bullet.  But in terms of finding a way to turn back the tide, both for union rights (and density) and employee rights in general, this holds a lot of promise. I was drawn to the idea of just cause employment before, but thinking about it as labor law reform makes it even more appealing.

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Written by David Kaib

November 15, 2012 at 11:54 pm

One Response

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  1. […] neutrality for those businesses in union organizing campaigns? What about a public bank?  Or just cause employment?  (For more ideas, check out the Progressive States Network’s report 10 Ways to Rebuild the […]


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