Collective Bargaining is a Human Right

Article 23 of the Universal Human Rights Declaration adopted by the United Nations in 1948 reads:

  • (1) Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.
  • (2) Everyone, without any discrimination, has the right to equal pay for equal work.
  • (3) Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.
  • (4) Everyone has the right to form and to join trade unions for the protection of his interests.

What we are seeing in Wisconsin and in Indiana is the attempt not to balance a budget but rather the attempt of elected officials to do the bidding of the corporations to strip the fundamental right of workers to form and to join trade unions for the protection of their interests.  This is a violation of their human rights under the UN’s declaration of Human Rights.

In June of 2007, the Supreme Court of Canada  ruled:

“The right to bargain collectively with an employer enhances the human dignity, liberty and autonomy of workers by giving them the opportunity to influence the establishment of workplace rules and thereby gain some control over a major aspect of their lives, namely their work… Collective bargaining is not simply an instrument for pursuing external ends…rather [it] is intrinsically valuable as an experience in self-government… Collective bargaining permits workers to achieve a form of workplace democracy and to ensure the rule of law in the workplace. Workers gain a voice to influence the establishment of rules that control a major aspect of their lives.”

While Canada’s Supreme Court has no jurisdiction over the US, what its ruling does do is affirm  emphatically that the right to unionize and to have collective bargaining is indeed a fundamental right as declared in the UN’s Declaration of Human Rights.  It is part of what a democracy looks like for its people.

Wisconsin and Indiana are not the first states to attempt to rid collective bargaining nor would they be the first states to not have collective bargaining for their public workers, including teachers.  There are five states that explicitly make collective bargaining illegal in their state for their public sector employees.  There are additional states where restrictions apply to the bargaining process.   Many more states prohibit teachers and other public employees from striking should collective bargaining efforts fail.  Again, all of these violate the fundamental right of workers to have unions to protect their best interests.  If a union is unable to negotiate with an employer on basic work conditions or to use non-violent strategies such as a strike to bring resolution to the issues at hand, their rights are being violated.

In my state of Alabama, which does not allow public employees to have collective bargaining, David Stout the president of the Alabama Education Association which is not union, recently stated, “I don’t think people in Alabama are ready for collecting bargaining laws.”   This attitude that people need to be ready is a slap in the face of workers dignity.  Similar statements have been made before regarding groups of people needing to be ready to have the vote, needing to be ready to have democracy, needing to be ready to have equality.  The fact that it comes from the organization that is supposedly best equipped to support the interests of teachers reveals just how far the AEA is from representing their constituents.  Instead comments like these represents the state’s and corporate  interests  just like the false trade unions in corrupt corporations in Mexico.

The essential right for the workers in Indiana and in Wisconsin to be able to sit down in negotiation with their employers is about reclaiming and resurrecting our most treasured American values of democracy.  We have seen in the last 40 years such a deterioration of democracy in this nation while we pandered to the wishes of corporations as if they are people under the law with rights and privileges inherent in their being.   Our nation has stripped away through this pandering all avenues of upward mobility for the poorest of the poor in this country and for the middle class.  The divide between 90 % of the people and the top 1% has never been greater.  The average income for the bottom 90 % is $31, 244.  The average income for the top 1 % is 1, 137, 684.  The average income for the top 1/100th percent is $27, 342, 212.   Further the income of the bottom 90% has decreased significantly per year over the last decade while the top ten percent have seen astronomical gains in income.   Stripping the right to collective bargaining from employees will ensure this trend not only continues but accelerates at an alarming speed because unlike a democracy, it places an imbalance of power into the hands of the government and corporations.

The Corporations are not people.  They are only a vehicle towards sustaining our lives in what hopefully will be one with a certain level of quality of life.  If they no longer serve the people towards the advancement of a quality life for all who work for them, then corporations and governments should be held accountable for their actions against human rights.  Our elected officials must represent the people and not the corporations who line their pockets.  If they do not then they must be removed from office and replaced with elected officials that will represent the best interests of the people.

This is one of many moral issues facing our nation today.  It is essential that we stand with our workers in this fight because the survival of our democracy depends on it.

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3 Comments

  1. The survival of our democracy requires the overthrow of the dictatorship of the corporatariat.

  2. I believe that love and reason should guide our views on what constitutes a human right, not the United Nations. Consider these:

    1. Articles 2, 7, 20(1), and 21(1) of the Universal Declaration of Human Rights require that rich people, like David H. Koch, be allowed to lobby Gov. Walker. ( My response: Why is this a problem? Everyone should be able to lobby our elected officials.)

    2. Some unions violate Article 20(2) of the Universal Declaration of Human Rights for compelling public workers to join their union. (my response: True.)

    3. Union leaders and the State of Wisconsin violate Article 23(2) for denying public employees equal pay for equal work. ( my response: The United States violates this article. Women are still being paid at a rate of 75% to the dollar that a man earns for the same work. The country failed to pass the ERA which would have placed into the constitution the requirement of equal pay for equal work.)

    4. The State of Wisconsin violates Article 26(1) of the Universal Declaration of Human Rights for using public funds to pay for education. (my response: This is a far stretch interpretation of this article which is states that elementary and fundamental stages of education should be free for the people receiving it, not that there isn’t a cost in providing it.)

    5. The State of Wisconsin violates Article 26(3) for forcing children to learn about evolution, African-American history, homosexuality, and condom use against the will of some parents. (my response: The same could be said for schools and states that teach creationism, euro-centered history, and abstinence based sex education.)

    6. Article 7 requires that children be allowed to vote, purchase tobacco, alcohol, and firearms, acquire marriage licenses, and, well, do anything adults can do.(my response: I am not sure how you read this from this article. Sorry, your claim is simply not presented in this article.)

    7. Article 21(2) requires that social service programs be accessible to everyone, including the rich and powerful, or no one.(My Response: Public service, the term used in this article, would be things like the public library, public transportation, public parks, public schools, public museums, and public hospitals. These are accessible to all. Social service programs are not public but rather are programs geared to try to increase the well-being of the poor.)

    The Universal Declaration of Human Rights was created to be a guide to governments as to basic needs of a quality filled life. I think it is presumptuous to assume that love and reason was not used in drafting this document. While I think it is generally good to apply a liberal and broad interpretation to the articles within this declaration, some of the interpretations you have given go beyond the very use of reason you suggest should be applied to determining human rights.

  3. […] So much so the United Nations has all but stated it a fundamental human right. […]


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