Harvard scholars propose labour law reforms including the right to bargain over our shared environment

clean slate coverClean Slate for Worker Power: Building a Just Economy and Democracy  is a far-reaching analysis and set of recommendations for labour law reform, released in January 2020 by the Harvard Law School Labor and Worklife Program.  Its purpose is to offer “an intervention that promises to help stop the vicious, self-reinforcing cycle of economic and political inequality. By proposing a fundamental redesign of labor law, we aspire to enable working people to create the collective economic and political power necessary to build an equitable economy and politics.” The report – the result of discussions with 70  academics, union leaders, workers, activists and others over a period of two years – offers detailed and specific recommendations for changes to labour laws in the U.S., starting with the fundamental premise that “Labor law reform must start with inclusion to ensure that all workers can build power and to address systemic racial and gender oppression.” In its long list of recommendations comes basic freedoms such as the right to organize and protection from strikebreaking, as well as more innovative proposals for sectoral bargaining, worker representation on company boards, support for digital organizing and cyber-picketing – and of most interest to those working for environmental  progress –  this recommendation:

“Workers deserve a voice in the issues that are important to them and their communities….To ensure that workers can bargain over the corporate decisions that impact their lives, Clean Slate recommends that the new labor law: • Expand the range of collective bargaining subjects to include any subjects that are important to workers and over which employers have control, including decisions about the basic direction of the firm and employers’ impact on communities and our shared environment.” 

More detail comes on page 69, where the report states:

“Accordingly, and taking inspiration from the Bargaining for the Common Good movement, Clean Slate recommends that when an employer has influence beyond the workplace over subject matters that have major impacts on workers’ communities, such as pollution and housing, the bargaining obligation ought to extend beyond the terms and conditions of employment and encompass these “community impact” subjects. Moreover, when bargaining over community impact subjects, the workers’ organization involved in collective bargaining should have the right to bring community organizations—those with members and expertise in the relevant area—to the bargaining table. … for example, the worker organization would be entitled to bring community environmental justice groups to bargain over pollution controls and abatement and to bring housing groups and tenants unions to bargain over affordable housing development.”

Clean Slate for Worker Power is a project of Harvard Law School’s Labor and Worklife Program, led by Professor Benjamin Sachs and  Sharon Block, Executive Director, Labor and Worklife Program.  The 15-page Executive Summary is here ; the 132-page full report is here  .  The report is summarized by noted labour journalist and author Steven Greenhouse in  “Overhaul US labor laws to boost workers’ power, new report urges”  in The Guardian (Jan. 23), and also in “‘Clean slate for worker power’ promotes a fair and inclusive U.S. economy” from the Washington Center for Equitable Growth  (Jan. 29), which includes links to a range of academic articles related to the Clean Slate proposals. The authors are interviewed about the Clean Slate framework in a Harvard press release here.

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