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The Dictatorship

The straightforward reason why Americans struggle to unionize the workforce

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The straightforward reason why Americans struggle to unionize the workforce

On this Labor Day, more than any in recent memory, there is widespread bipartisan support in Congress and across America for the right to be in a union.

Unions are as popular now as they have ever been and they’re even receiving support from Republicans in Congress like Missouri Sen. Josh Hawley. Yet the labor law that’s currently on the books — the Wagner Act of 1935 — isn’t strong enough to protect workers who want to unionize.

The basic problem is straightforward: Employers don’t want their workers to unionize and are generally willing to fire union supporters to stop a union drive. That means that trying to form a union means risking your job, which is a risk that most workers rationally don’t want to take. That’s especially true when the law is too weak to provide recourse to pro-union workers who do get fired.

The share of workers who are in a union is below what it was before we had any labor laws.

The combination of hostile managers and weak labor laws equals very low unionization rates — in fact, the share of workers who are in a union is below what it was before we had any labor laws. These low union rates account for a great deal of the economic and political inequality that plagues American life.

Building a labor law that actually enables workers to form unions requires a lot more than tinkering with the existing systems. Regardless of party, lawmakers who are serious about making sure workers have a clear path to joining a union need to support reforms more fundamental than any we’ve seen since the New Deal.

These changes would take a two-step approach to tackling the root problems with organizing a union. First, make it easier for workers to unionize and win a collective bargaining agreement even if their employers oppose those efforts, and second, reduce the incentives for employers to fight union organizing drives in the first place.

To accomplish the first goal, Congress must increase penalties on employers that fire pro-union workers, limit employers’ ability to engage in union busting, and change the rules of collective bargaining to make it more likely that workers can win a contract. Many of these proposals are contained in the Protecting the Right to Organize (PRO) Actwhich passed the House twice when Democrats last controlled the chamber, but has languished in the Senate.

Passing the PRO Act is just the start, however. One powerful idea would be to “flip the default.” Rather than assuming (as we do under current law) that workers want to be nonunion, we could start with the equally plausible assumption that workers want to be union. In such a system, we’d still hold union elections. But, like in politics where voters choose between representatives, workers would vote on which union they want to represent them not whether they want representation. And to ensure real freedom of choice, workers could run organizing campaigns to get rid of union representation altogether — if that’s what they prefer.

Labor law can also help reduce the reasons employers oppose unionization in the first place by changing the way unions and employers bargain contracts. Currently, workers in the U.S. who want to form a union must do so at their individual workplace or their individual employer. For example, if McDonald’s workers want a union, they’d have to organize one at a single McDonald’s restaurant. But if that McDonald’s is the only fast-food restaurant in the area to be unionized, then it likely would need to pay its workers more in wages and benefits than its local competitors.

Finally — and here there may be less bipartisan agreement — we need to shore up unions’ ability to act politically.

But in many developed economies, unions organize and bargain across an entire industry, not individual businesses. In this sectoral bargaining regime, no firm in a market is disadvantaged by being union because every firm in the market is covered by the union contract. Thus, no firm needs to see their workers’ organizing as an existential threat to their ability to compete.

Labor law reform, moreover, can’t just be about private sector workers, especially given the critical role that public employees have played in the labor movement. Congress therefore needs to fix a loophole in our laws that President Donald Trump has exploited to weaken federal unions. Using what was supposed to be a narrow exception for workers on the front lines of national security, Trump has denied almost 1 million federal employees collective bargaining rights. Any new labor law reform should include a new and clearer exception that is limited to just those workers traditionally excluded from the federal sector collective bargaining system — those working for the CIA, NSA, DEA, subdivisions of the Defense Department and the Treasury, and other employees in the intelligence field.

Speaking of the president, earlier this year, Trump fired National Labor Relations Board member Gwynne Wilcox, a Joe Biden appointee, years before the end of her term. When Congress created the board in 1935, it assumed that the board would be an independent agency, but an NLRB populated by appointees serving at the pleasure of the president is a different animal. The Supreme Court’s conservative majority has consistently granted Trump the power to jettison the independence of agencies like the NLRB (defying decades-old precedent). New labor laws must address these implications. While it’s unclear what form a federal labor authority should take in this new context, future reform should consider alternatives — such as granting workers a private right to sue employers — so they’re not dependent on a politically biased agency.

Finally — and here there may be less bipartisan agreement — we need to shore up unions’ ability to act politically. Without unions working as political actors, American workers would not be protected by minimum wage and overtime laws, antidiscrimination laws, or health and safety laws, nor would they enjoy the legal right to time off from work for family and medical emergencies. Unions secure these bread-and-butter protections for American workers through collective bargaining, yes, but also through electoral politics. And in a political system awash in corporate money, it is shortsighted to think that unions can do their job exclusively through collective bargaining.

As Justice Felix Frankfurter wrote more than 60 years agothe political activity of unions is “activity indissolubly relating to the immediate economic and social concerns that are the raison d’etre of unions.”

Across party lines, Americans support unions. If Democrats in Congress continue to stand up for labor rights, then it would only take a handful of Republicans to create the majorities needed to pass the reforms outlined in this piece. If Republicans are serious about supporting workers and their unions, then they need to stand up and address the root causes of the current system’s failures. For years, lawmakers on both sides have promised to fight for the working class. But words are not enough. Now is the time for action.

Sharon Block

Sharon Block is a professor of practice at Harvard Law School, and the executive director of the Center for Labor and a Just Economy. She is a former member of the National Labor Relations Board.

Benjamin Sachs

Benjamin Sachs is the Kestnbaum Professor of Labor and Industry at Harvard Law School.

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The Dictatorship

Iran moves to take permanent control of Strait of Hormuz, a vital shipping choke point

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Iran announced on Thursday that it was drafting a “protocol” that would allow it to “monitor transit” by oil tankers through the Strait of Hormuzthe strategic waterway Tehran has shut downsending oil and gas prices soaring in the U.S. and across the world.

Kazem Gharibabadi, Iran’s deputy foreign minister for legal and international affairs, said tanker traffic through the narrow route “should be supervised and coordinated” between Iran and Oman, the two countries that border the strait, according to a translation of a report from Iran’s state news agency cited by CNBC.

“Of course, these requirements will not mean restrictions, but rather to facilitate and ensure safe passage and provide better services to ships that pass through this route,” Gharibabadi said according to the report.

President Donald Trump has suggested that the U.S. may leave it to other countries to end Iran’s de facto blockade of the strait, which it enforces by firing missiles at tankers. Trump has called on European nations to do so, but experts say Europe lacks the military resources to halt Iranian attacks on tankers for the long term.

Iranian and Omani officials did not respond to requests for comment from MS NOW.

For decades, the strait has been an international waterway, controlled by no country, that ships from all nations could transit.

Gregory Brew, a senior Iran and oil analyst at the Eurasia Group, said that if Iran manages to take control of the Strait of Hormuz permanently, it would be a “colossal win” for the country.

“It’s a massive strategic win, given that Iran has demonstrated that it can close the strait,” Brew told MS NOW. “It’s a huge financial win.”

Brew added that if Iran gains long-term control of the straitit would be more powerful than it was before the Trump administration attacked it. Iran’s parliament passed a law to begin charging “tolls” of up to $2 million per ship, which could mean as much as $100 billion in annual revenue — or the equivalent of Iran’s current annual oil export earnings.

“It’s not innocuous,” Brew said, referring to the protocol announced on Thursday. “Iran has passed legislation and is now claiming to be coordinating with Oman in establishing joint management of the Strait of Hormuz.”

Brew predicted that Oman, which has less oil and wealth than other Gulf nations, may be willing to accept a temporary arrangement that could help end the conflict.

“The Omanis are probably hedging; they’ve always tried to manage their relationship with Iran, and they lose relatively little by cooperating with Iran right now to ease pressure on the strait,” Brew said. “The bigger question is whether they continue to cooperate after the war.”

Ted Singer, a former senior CIA official who oversaw the agency’s operations in the Middle East, said Iranian officials are likely trying to see what they can achieve.

“I wouldn’t see this as a fork in the road,” Singer told MS NOW.

Singer, who served as a CIA station chief in five different countries over a 35-year career, said Iranian officials could be trying to stoke division between gulf countries.

“The Iranians are good at doing more than one thing at a time,” he said. “Why not stake out a maximalist position on tolls, then toss out options to roil the waters?”

The United Arab Emirates, for example, is adamantly opposed to Iran taking control of the strait.

“The Iranians play multi-dimensional chess,” said Singer, now a senior adviser to the Chertoff Group, a security consulting firm run by Michael Chertoff, who served as secretary of Homeland Security in the George W. Bush administration.

“Try to create division between Oman and the rest of the Gulf countries,” Singer said. “Why not fiddle around with this and see if something sticks?”

David Rohde headshot

David Rohde

David Rohde is the senior national security reporter for MS NOW. Previously he was the senior executive editor for national security and law for NBC News.

Ian Sherwood is the director of international newsgathering for MS NOW, a former executive editor for NBC News and a former deputy Washington bureau chief for the BBC.

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The Dictatorship

Thursday’s Mini-Report, 4.2.26

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Thursday’s Mini-Report, 4.2.26

Today’s edition of quick hits.

* Targeting Iranian infrastructure: “President Trump celebrated the destruction of a bridge near Tehran on Thursday, warning on social media that there was ‘much more to follow.’ The attack on the B1 bridge between Tehran and the nearby city of Karaj killed eight people and wounded 95, according to Fars, a semiofficial Iranian news agency.”

* I don’t think the speech worked: “The price of oil rose sharply and stocks wavered on Thursday after President Trump, in an address from the White House the day before, said the war against Iran was ‘nearing completion’ but failed to offer a concrete timeline and committed to more attacks. In the 19-minute address, Mr. Trump said U.S. forces would hit Iran ‘extremely hard over the next two to three weeks.’”

* Reversing one of Noem’s worst ideas: “Homeland Security Secretary Markwayne Mullin on Wednesday rescinded a rule that DHS expenditures over $100,000 be personally approved by his office, ending a widely criticized policy implemented by his predecessor Kristi Noem that critics said put a particular burden on the Federal Emergency Management Agency ’s work aiding disaster response and recovery.”

* The latest on the ballroom: “Donald Trump’s handpicked National Capital Planning Commission voted Thursday to authorize the president’s plan to erect a gilded 90,000-square-foot White House ballroom in place of the historic East Wing, which was destroyed last fall to make way for the ballroom.”

* Remember when Congress, by constitutional mandate, had the power of the purse? “President Donald Trump said Thursday he will soon sign an order to pay all Department of Homeland Security employees who have gone without paychecks during the record-long partial government shutdown that has reached 48 days.”

* A year after “Liberation Day,” there’s fresh tariff news: “President Donald Trump announced Thursday he will levy tariffs as high as 100 percent on some name-brand pharmaceuticals and is adjusting tariffs on products that contain steel and aluminum, the administration’s first move to expand duties since the Supreme Court dealt his trade agenda a blow in February.”

* The latest from Artemis II: “NASA’s latest update about the Artemis II moon mission shows a breathtaking view of Earth as the Orion capsule with four astronauts on board orbits tens of thousands of miles above. Hitching a ride beyond Earth’s atmosphere atop NASA’s powerful Space Launch System rocket, the three Americans and one Canadian selected for the mission are preparing to begin heading toward the moon.”

See you tomorrow.

Steve Benen is a producer for “The Rachel Maddow Show,” the editor of MaddowBlog and an MS NOW political contributor. He’s also the bestselling author of “Ministry of Truth: Democracy, Reality, and the Republicans’ War on the Recent Past.”

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The Dictatorship

Judge weighs legality of Trump’s planned arch near Arlington National Cemetery

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Judge weighs legality of Trump’s planned arch near Arlington National Cemetery

A federal judge is weighing whether the Trump administration can legally build a 250-foot arch just across the Potomac River from the Vietnam and Lincoln memorials, as three veterans who fought in Vietnam have argued the project would violate federal law and permanently alter one of the country’s most sacred landscapes.

Judge Tanya Chutkan declined on Thursday to issue a preliminary injunction, instead asking the parties to report by 5 p.m. on Friday whether they can agree to halt groundbreaking while the case proceeds. If no agreement is reached, she will ask the executive branch to provide supplemental sworn declarations disclosing any awards, grants, contracts, permits or other relevant information related to the arch’s construction.

The suit was brought by three Vietnam War veterans and an architectural historian, who argued the project would obstruct views of the Vietnam War and Lincoln memorials from Arlington National Cemetery. The plaintiffs contended the planned arch would violate federal laws governing historic sites and monuments, and the White House cannot lawfully proceed without congressional authorization.

The plaintiffs cited Trump’s various Truth Social posts and public statements to support their claim that construction is underway, pointing to design specifications, a target completion date of July 4 and renderings backed by a White House fact sheet. They also argued the National Park Service must sign off on any use of the land before construction begins.

President Donald Trump told reporters in January that his proposed arch “will be the most beautiful in the world,” and is already “being built.” He also shared renderings of the arch on his Truth Social account.

The government’s attorney, Bradley Craigmyle, argued that Trump’s media and social media statements constitute hearsay. Chutkan pushed back sharply, saying Trump’s posts are admissible as statements by a party. Throughout the hearing, Craigmyle argued the project is in the conceptual phase despite the president’s statements.

Today’s hearing comes as the National Capital Planning Commission voted 9-1, with two abstentions, to approve construction for Trump’s 90,000-square foot ballroom at the White House, clearing the final procedural hurdle for the project. Chutkan referenced the ballroom case during the hearing, saying, “If we haven’t had the whole White House ballroom situation, this might be a little more academic than it is now.”

Selena Kuznikov contributed to this article.

Peggy Helman is a desk associate at MS NOW.

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