U.N. Special Report: U.S. Workers Restricted in Exercising Basic Union Rights

12189524_10154256555228098_5790056854214410429_nA new report finds that the United States fails to uphold the most basic rights of workers, particularly in the South, where some states “support or collude with employers to infringe upon workers’ rights to peaceful assembly and association.” The report cited examples such as Tennessee officials’ opposition to unionization at a Volkswagen plant and the “government of Mississippi [which] touts the lack of unionization as a great benefit when courting potential employers.”

Maina Kiai, the U.N. special rapporteur on the rights to freedom of peaceful assembly and of association and author of the report, stated that while governments are “obligated under international law to respect, protect and fulfill workers’ rights to freedom of peaceful assembly and of association,” many fail to enable, protect or enforce these fundamental rights, “disenfranchising millions of workers.”

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Kiai, a Kenyan lawyer and human rights activist, spent more than two weeks in several U.S. cities researching workers’ rights. He met with Nissan workers in Canton, Mississippi; United Steelworkers (USW) members at Novelis in New York, and Asarco in Arizona; Retail, Wholesale and Department Store Union (RWDSU)-member carwash workers in New York City; UNITE HERE hotel workers in New York and Arizona; and AFT-member teachers in Louisiana.

Kiai experienced firsthand the many obstacles our nation’s workers need to overcome to organize and bargain for a better life. He made clear that the United States needs to do more, both domestically and in the global supply chains of our companies, “where some of the worst abuses of freedoms of association and peaceful assembly are found—and where migrant workers are often concentrated.”

As the report found: “The rights to freedom of peaceful assembly and of association are…key to the realization of both democracy and dignity, since they enable people to voice and represent their interests, to hold governments accountable and to empower human agency.” Unfortunately, the United States is a long way from meeting this standard.

This blog originally appeared in aflcio.org on October 21, 2016.  Reprinted with permission.

Aaron Chappell writes for AFL-CIO about the right to unionize and collective bargaining.

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Madeline Messa

Madeline Messa is a 3L at Syracuse University College of Law. She graduated from Penn State with a degree in journalism. With her legal research and writing for Workplace Fairness, she strives to equip people with the information they need to be their own best advocate.