Not long ago, I received a request for short answers to some questions meant to prod discussion in a reading group about the book No Bosses. I sent back answers and don’t know what became of them. Perhaps they will be more generally useful. The “back story” is that for some weeks I had been [...]
Monopoly power has penetrated nearly every sector of commerce.
The right to strike is under attack throughout the world, including in the United States. Labor strikes are currently forbidden or restricted in the majority of countries.Now, in a landmark 43-page advisory opinion issued May 21, the International Court of Justice (ICJ, or World Court) has determined that the right to strike is protected under the International Labour Organization’s (ILO) Convention No. 87 on Freedom of Association and Protection of the Right to Organise.“At a moment when workers’ organizations face sustained attacks around the world, this opinion reaffirms that the freedom to withhold one’s labor is not a privilege granted by the powerful, but a fundamental human right grounded in international law,” AFL-CIO President Liz Shuler said in a statement.The ILO is the United Nations agency that sets global labor standards. It has 187 member states and has adopted 191 conventions since its founding in 1919. The ILO considers Convention No. 87 to be one of its 11 fundamental conventions.In 2023, the ILO asked the ICJ to settle an internal dispute about whether Convention No. 87 gives workers the right to strike, which is not specifically addressed in the convention. Although advisory opinions of the ICJ are not legally binding, many courts accept them as authoritative legal decisions.The ICJ ruled in its 10-4 opinion that a strike “is one of the main activities engaged in and tools used by workers and their organizations to promote their interests and improve conditions of labour, thereby ensuring the effective exercise of the freedom of association protected under Convention No. 87.”The Court found “that protection of the right to strike is encompassed in the protection of the freedom of association provided for in Convention No. 87.”In reaching that conclusion, the Court considered provisions in two 1996 Covenants that contain relevant rules of international law regarding the right to strike. Both refer to Convention No. 87.Article 8, paragraph 1 (d) of the International Covenant on Economic, Social and Cultural Rights (ICESCR) expressly protects the right to strike, if it is exercised in conformity with domestic laws.Article 22, paragraph 1 of the International Covenant on Civil and Political Rights (ICCPR) provides for the right to freedom of association. The ICJ noted that for more than 25 years, the Human Rights Committee — which monitors the implementation of the ICCPR — has considered the right to strike to be encompassed in the protection of freedom of association.Due to the high degree of overlap between the states parties to the ICESCR and ICCPR, and Convention No. 87, the ICJ determined there was a common understanding among them on the right to strike. The Court thus concluded “that an interpretation taking into account the relevant rules of international law contained in the ICESCR and the ICCPR indicates that the protection of the right to strike is encompassed in the protection of the freedom of association provided by Convention No. 87.”No Right to Organize Without the Right to Strike“For generations, working people have understood a simple truth: The freedom to join a union means nothing if you cannot withhold your labor when bosses refuse to listen. Now, the world’s highest court has affirmed that truth,” said Jeffrey Vogt, director of the International Lawyers Assisting Workers (ILAW) Network, which issued the call for the ILO referral of this case to the ICJ.The ICJ decision “affirms decades of judicial precedent and what workers around the world know: there is no right to organize and bargain collectively without the right to strike,” Shuler said in her statement. “When workers are barred from taking collective action on the job, they cannot defend their rights and demand the workplace conditions and contracts they are owed. The freedom to join a union becomes an empty formality.”“This is an important day for the International Labor Organization [ILO], and for its continued relevance in the world of work. However, the significance of this opinion extends well beyond the institutional context in Geneva,” the ILAW Network wrote in a statement.The ICJ advisory opinion came “at a moment of acute pressure on the international labour rights system,” ILAW stated. “Across the world, the right to strike is under sustained attack — through restrictive legislation, expansive judicial interpretation of essential services, the criminalisation of trade union activity, and the use of dismissals, injunctions, and damages claims to deter collective action.”Legal restrictions on the right to strike are increasing. In 2022, strikes were outlawed or stringently restricted in 129 of the 148 countries tallied by the International Trade Union Confederation (ITUC), one of the six organizations with consultative status at the ILO Governing Body.The ITUC, which represents 191 million workers in 169 countries and territories, is dedicated to trade union democracy and independence. It has regional organizations in Africa, Asia, and Latin America. The ICJ decision “is important not only for workers and trade unions, but also for governments and responsible businesses,” ITUC stressed.This decision “will serve as a powerful interpretive tool before national constitutional and labour courts, before regional human rights bodies, and before the ILO’s own supervisory bodies,” ILAW noted. “It strengthens the hand of every worker and union challenging strike bans, broad essential-services designations, criminal sanctions against strikers, prohibitions on solidarity and political strikes, and the dismissal and blacklisting of workers who exercise this right.”Ruling Will Affect Tens of Millions of WorkersIn October, 18 countries and five international organizations, including the ILO, presented oral testimony before the ICJ, and other nations filed written contributions. The majority of participants supported the right to strike, which is guaranteed in most European countries.Harold Koh, who represented the International Trade Union Confederation (ITUC) before the ICJ, told the judges that the case would “affect the real rights of tens of millions of working people around the world.” If the Court ruled that the Convention didn’t protect the right to strike, Koh warned, “National employer groups would contest the right to strike country by country, focusing first on nations with compliant courts, weak civil societies and ineffective media.”Jeffrey Vogt worked with the legal team of the ITUC on the briefs and oral arguments presented to the ICJ. Vogt’s co-authored book, The Right to Strike in International Law, provided a legal roadmap for the case.Vogt told Truthout that “the written view of the US (under the Biden administration) was to support the right to strike, albeit on narrower grounds than what we had argued. When the Trump administration came in, they withdrew the Biden era brief but fortunately did not appear for oral arguments and take a contrary view.”“The decision deals with the right to strike in the abstract — does the convention protect it — but does not go into the modalities,” Vogt added. The Court wrote that its “conclusion that the right to strike is protected by Convention No. 87 does not entail any determination on the precise content, scope, or conditions for the exercise of that right.”“That was a conscious decision,” Vogt noted. “We did not want the court to attempt to define the scope, especially since we believe that is the proper role of the ILO supervisory system.” Vogt said that “the ICJ gave ‘great weight’ to the views of the supervisory system, which is helpful.” And although “the ILO has supported secondary strikes,” in which workers strike in solidarity with other workers at a different employer, the ICJ decision didn’t opine on that specific issue.The Right to Strike in the US“The right to withhold one’s labor, inherent in the right to strike, belongs to all workers, but it has been restricted,” Jeanne Mirer, a labor lawyer in private practice working with the International Commission for Labor Rights, told Truthout. “Many unions have agreed never to strike while a collective bargaining agreement is in effect.”Most private sector workers in the US have the right to strike under the National Labor Relations Act (NLRA). Employees, including international and undocumented workers, cannot be fired or disciplined for participating in a lawful strike.“Those exempted from the NLRA, such as agricultural and domestic workers, are not restricted in the right to strike but have no protections against discharge if they strike and do not have the power to prevent such retaliation,” Mirer added.Some states have their own laws granting protection to domestic workers and 14 states guarantee farmworkers collective bargaining rights.Railroad and airline workers are not covered by the NLRA, but they come under the Railway Labor Act, which has several limitations on the right to strike.In recent years, Congress and the courts have narrowed the definition of “protected concerted activity” under the NLRA. Union membership is dropping. Nevertheless, strike actions in the US increased by almost 50 percent in 2022, according to the Economic Policy Institute.In 2023, the US Supreme Court weakened the legal protections for striking in Glacier Northwest, Inc. v. International Brotherhood of Teamsters, making it easier for employers to sue unions in state courts. Only Justice Ketanji Brown Jackson dissented, writing, “The right to strike is fundamental to American labor law.” She noted: Workers are not indentured servants, bound to continue laboring until any planned work stoppage would be as painless as possible for their masters. They are employees whose collective and peaceful decision to withhold their labor is protected by the [National Labor Relations Act] even if economic injury results.The NLRA’s protections for private sector workers don’t extend to public sector employees. “Public employees in the United States have been restricted in many ways from striking,” Mirer said.Federal workers are legally prohibited from striking. Thirty-six states prohibit public sector workers from striking. Three other states that haven’t addressed the issue would likely outlaw public sector strikes as well. In the 12 states where strikes are not per se unlawful, various preconditions must be met before workers can engage in strikes.The World Federation of Trade Unions, which played a decisive role in the creation of Convention No. 87 in 1948, applauded the ICJ’s decision: [I]t is clear that the existence of a class-oriented and militant trade union movement is the essential, decisive, and irreplaceable factor to ensure that the right to strike, as well as conventions, collective bargaining, labor laws, and workers’ achievements, are not merely empty words on paper but are implemented in practice. The WFTU reiterates its call for struggle in every country, sector, and workplace to safeguard the sacred right to strike in practice.“It is up to workers and their organizations to build on the ICJ decision to ensure the right to strike can be an effective tool to build worker power,” Mirer said. This article was originally published at Truthout
Daniel Bessner, Derek Davison Danny and Derek welcome back to the show political scientist Thea Riofrancos to talk about the politics of extraction in the global energy transition. The post Extraction Behind the Green Transition—With Thea Riofrancos appeared first on The Nation.
Oh man. Same old clown show, awash with boondoggles, each more cringey than the last. As the mad man-child deconstructs DC and slaps his hideous face and name everywhere - historic buildings, fascist arches, garish statues, possibly imaginary gold phones - others have taken his lead with their own patriotic spinoffs. Cue "Fuck You" upgrades, a Strait to Hell arcade for a video-game war, and a Trump/Epstein "Memorial Reading Room" packed with 3.5 million pages of files, where "the truth is hard to deny."Trump's narcissistic vandalizing of D.C. - couldn't his KKK dad have just hugged him now and then? - is "something dictators have done throughout history," noted Bernie Sanders of his proposed SERVE Act, or Stop Executive Renaming for Vanity and Ego. Co-sponsored by six Senate Dems, the bill would bar any sitting president from naming federal properties after themselves, an act both "arrogant" and illegal. At this rate many weary Americans would likely argue, "Let the chiseling off begin," but for now the bill sits in legislative limbo and we're stuck with the resulting atrocities; they continue to multiply like locusts, even as he's proposed a $10-billion fund for more "beautification" projects around "the capital of the greatest Nation in the history of the world."Though he increasingly nods off in public - or per the White House, blinks - he still clutches at a farcical show of dominance he's leaned on in the endless self-glorification campaign that is his execrable life. There are posts quoting fictional "fans": "Remarkable leadership,” "Master of the Deal,” "THE GREATEST PRESIDENT WE HAVE EVER KNOWN." From the guy who's "confused the country for his living room," there's D.C's re-branding: the plaques, name changes, razed East Wing for a billion-dollar "albatross" nobody wants. There are new massive Stalin-esque banners at construction sites proclaiming, “Thank you, PRESIDENT TRUMP”- "like Michael Scott buying himself a World’s Best Boss coffee mug" we paid for - to which unenthused residents added, "Fuck You Cunt." Snug in a delusional bubble where his approval is def not in the toilet, he feels free to rant, lie, melt down online without consequence. In one manic night, he posts 55 times in three hours: “Arrest Obama the traitor” and “DEMONIC FORCE,” also Hillary, Brennan, Comey, Kelly. Asked how much he thinks about the cost to Americans of his calamitous war, he blurts, “Not even a little bit.” His lackeys follow suit: Ka$h Patel yells, lies, hustles bourbon, pads his stats and takes a "VIP snorkel" in Pearl Harbor around the tomb of 900 U.S. soldiers as Sean Duffy takes his nine offspring on a "patriotic," seven-month Great American Road Trip filmed for YouTube and complete with "head-spinning" corporate sponsorship, both on the taxpayers' now-rapidly-shrinking dime. Meanwhile, another project nobody asked for - draining and repainting the Lincoln Memorial Reflecting Pool, aka "reflective pond," from traditional grey to garish blue - has shockingly veered off course. After boasting his bestest golf course pool painters could easy-peasy do a no-bid, $1.8 million, "smart and beautiful construction" that Dems stupidly opposed - "Dumacrats love sewage" - the cost has soared to $13.1 million, it's now by a contractor he "did not know and have never used before,” staff are worried the job is behind schedule, with "uneven application" leaving bubbles, holes and "mottled shades of blue" in the pool, and a judge has set a May 21 hearing for a lawsuit charging the project wasn't properly vetted, ditto a color "more appropriate to a resort or theme park." More winning in Miami, where another lawsuit charges three acres of multi-million-dollar waterfront land were illegally grifted by DeSantis to Trump for $10 for his presidential “library,” actually a gaudy hotel with no books but more vitally two gold statues of, you know. They will presumably join in grotesque kinship with the $300,000, crypto-bro-funded, bronze and gold leaf Don Colossus just unveiled at Doral Miami, "where the Republic is currently moldering." Before "a robotic chorus of evangelical functionaries who (have) transformed themselves into the most theologically humiliated cohort in modern memory," the statue was honored as, not an idolatrous golden calf, insisted Pastor Mark Burns, but "a celebration of life" and symbol of "the hand of God over (Trump’s) life." Definitely not a cult. Tacky is as tacky doesBluesky screenshotDespite being heralded as God's second favorite son - one who "understands the Scriptures better than the Pope" - Trump is also widely deemed "an economic serial killer" presiding over an "America First Corporate Graveyard," skyrocketing inflation, national debt, farm bankruptcies, and energy costs, and possibly "the largest single act of grand larceny in American history" with a $10 billion payout by his own DOJ against his own IRS to settle his bullshit lawsuit for their leak of his tax returns, which every other president has released. Still, because grifting chutzpah thy name is, and because there's never enough money to fill the ugly gaping hole where a soul should be, he's still running penny-ante scams. Up next: Trump Mobile, "for the forgotten MAGA man."Last June, his huckster spawn announced the launch of "a sleek, gold smartphone engineered for performance.” The T1 Phone, "proudly designed and built in the United States,” would be available in August at $499. For almost a year, they urged followers to make $100 "deposits" to "pre-order" the beauties; over half a million did, ponying up about $59 million. Then, the bait and switch. The terms of service quietly changed: The "deposit" provided "a conditional opportunity" to buy if Trump Mobile chose to sell. Pricing, production schedules, shipping costs were "non-binding." "Made in the USA" became "Proudly American Designed." "Delivery" dates got pushed back. Unexplained charges appeared. A reporter who called "Customer Service" got “Omega Auto Care." To date, no fantasy Trump phones have shipped. Cheap Crooks 'R Us. "Service for the forgotten MAGA man"Image from BlueskyAlso, liars. With even neo-cons now deeming the Iran War potentially more of a debacle than Vietnam, the good folks at Secret Handshake, creators of the Trump/Epstein bestie statues, decided that with the regime hyping war like a video game, they might as well turn it into one. Operation Epic Furious: Strait to Hell , which is also online, features three working, arcade video games set up inside DC's War Memorial; they promise "high-octane, flag-waving, boots-on-the-ground...pure pixelated patriotism," or, per Hegseth, "laser-focused maximum reps annihilation mission crushing (with) sustained unrelenting pressure." Battles - by tweet, not gun - pit US forces against ”Iranian schoolgirl,“ "DEIyatollah,“ low-flow shower heads, the Pope and other "threats to American freedom."Games open with Trump declaring, “Another big, beautiful day as the best President ever.” Options for the prompt, “Ready to ROCK Iran back to the Stone Ages?” are “Not Yet...” “Yes” and “Hell Yes.” Yells Pete, “Let’s liberate some oil!” Trump can order a Diet Coke or bomb Iran; search for barrels of oil, ideas for Truth Social posts, or endless threats that lead nowhere; he vows to “fight this war and win it by hamburger o’clock.” Melania: “I WAS NEVER ON THE EPSTEIN JET...Did you burn the files yet?” JD, fat-faced: “I love couch.” The only way you can lose is by trying to hold Melania’s hand, which abruptly ends the game; otherwise, it’s impossible to end or win it. Irony never dies: Images have surfaced of bored National Guardsmen - a $1 million a day deployment - playing.Another piece of protest art brings the truth of "one of the most horrific crimes in American history” to Trump's hometown. "The Donald J. Trump and Jeffrey Epstein Memorial Reading Room,” in New York's Tribeca, is a first-of-its-kind, 5,000-square-foot installation containing all the unsealed Epstein files - 3.5 million pages printed and bound into 3,437 volumes weighing 17,000 pounds, "a physical, undeniable record of corruption, cover-ups, and crime." The pop-up project in the Mriya Gallery was created by the non-profit Primary Facts; it took them about a month to print the files. The exhibit is on view through May 21; admission to groups for a one-hour session is free; organizers are raising funds to cover the New York premiere and bring it to other cities.The Trumpsonian installation is built around a candlelit tribute to Epstein's more than 1,200 victims and survivors, whose names are all redacted here in closed binders - unlike at the DOJ, where they were badly, only partly redacted, a failure adding insult to injury along with an ongoing, multi-pronged cover-up. The Trump and Epstein Reading Room also includes a timeline documenting the decades-long crimes, legal proceedings and intersections between the two men's lives, all underlining the criminal absurdity of federal claims "there's nothing left to investigate." The vast trove of information, organizers say, is "what 3.5 million pages of evidence looks like." Trump, as deeply complicit as he is narcissistic, "wanted his name on stuff." Now, here it is. From the TrumpsonianImage from Memorial Reading Room
Trump’s catastrophic miscalculation in Iran and refusal to accept the inevitability of defeat is pushing us towards a global depression and ensuring the suffering and immiseration of millions.