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March 28, 2022 by Ian Campbell

The Untold Story of Women’s Leadership of the Labor Movement

“Well behaved women seldom make history.”

This well-worn adage is no doubt true, but so too is its opposite. History is written for a purpose and, all too often, that purpose is to justify the status quo as a historical inevitability. Those women and men who defy the expectations of their time, who fight too often and too well against the injustices of the day, are mysteriously forgotten by those who write our history. In this way, women’s contributions to and leadership of the organized labor movement, though lionized within the movement itself, have largely escaped public consciousness.

Indeed, women led the battle for industrial democracy — even before they won the right to vote.

Perhaps the best known labor leader is Mother Jones. Born Mary Harris, Jones was an Irish immigrant who lost her husband and all four of her children to yellow fever and didn’t begin her advocacy until her 50s.

But as the Industrial Revolution took hold, as wages fell to subsistence levels, and men, women, and children worked long hours in dangerous conditions she began organizing — and continued to do so well into her 90s. She traveled up and down the country, persuading miners and …

March 24, 2022 by M. Isabelle Chaudry
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Women’s History Month isn’t just a time to recognize achievements made throughout the decades to advance women’s rights and demand equity. It’s also an opportunity to celebrate women making history today, the ones in our unwritten history books.

For example, U.S. Supreme Court Justice nominee Ketanji Brown Jackson, if confirmed, will be the first Black woman to serve on the nation’s highest court. Judge Jackson, a former clerk for retiring Justice Stephen Breyer, graduated from Harvard Law School and served as a federal district and appellate court judge in Washington, D.C. Before serving as a judge, she worked for two years as a federal public defender, a vitally important role and an experience that few judges share. Indeed, she would be the first Supreme Court justice to ever have held such a position.

Shalanda Baker, a Member Scholar on leave …

March 3, 2022 by Ian Campbell
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The National Labor Relations Act (NLRA) leaves no doubt about its purpose. Enacted in 1935, it was set against a backdrop of decades of intense and often violent labor strife. Recall the massacre of striking coal miners at Ludlow, Colorado (1914); the bloody Battle of Blair Mountain in West Virginia (1921), which pit miners against the militia; and the West Coast Longshoremen’s Strike (1934) over union representation, which revealed organized workers’ enormous power over the nation’s economy.

The NLRA was designed to minimize strife by requiring employers to recognize employees’ efforts to engage in “mutual aid and protection”; adjudicating conflict so as to avoid direct action; and, to quote from the act itself, by “encouraging practices fundamental to the friendly adjustment of industrial disputes … and by restoring equality of bargaining power between employers and employees.”

Employers, naturally, prefer to deal with their workers one on …

Feb. 22, 2022 by M. Isabelle Chaudry, Jamillah Bowman Williams
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Recently, Congress passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, which will block enforcement of arbitration requirements for workers alleging sexual harassment or assault. Arbitration is the process of handling disputes outside of the court system — forced arbitration prohibits workers from suing their employer altogether.

This is an important outcome for the #MeToo movement and has the potential to reach many workers and employment claims, depending on how broadly or narrowly it is interpreted.

In a fair and just country, corporations are held accountable in the courts if their irresponsible behavior harms people. However, like many policies, the communities most impacted by forced arbitration are historically marginalized groups. Indeed, forced arbitration has a disproportionate impact on low-income Americans and Black and brown women when they are the victims of discrimination. Their abuse goes beyond the …

Feb. 9, 2022 by M. Isabelle Chaudry
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UPDATE: On March 17, the House passed the FAIR Act (H.R. 963), sending it to the Senate for consideration. Read my brief statement urging the Senate to quickly pass this crucial bill.

UPDATE: On February 10, the Senate passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (H.R. 4445), sending it to President Joe Biden for his signature. Read my brief statement on the importance of this legislation.

A few years ago, Roschelle Powers took a routine trip to visit her mom, Roberta, at her nursing home in Birmingham, Alabama. When Roschelle opened the door, she found her mother vomiting, disoriented — and clutching a handful of pills. Roberta’s son, Larry, visited a few days later and found his mom alone and unresponsive. She died soon after – with 20 times the recommended dose of her diabetes medication in her blood.

The Powerses …

Feb. 7, 2022 by Darya Minovi
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Last week, my colleagues and I advocated for a pair of clean water bills in Maryland and Virginia, which were spurred by research completed by the Center for Progressive Reform (CPR). One would create a Private Well Safety Program in Maryland, and the other would create an aboveground chemical storage tank registration program in Virginia.

Both laws are sorely needed. This two-part blog series explains why. Today’s piece looks at our efforts to protect clean drinking water in Maryland; check back tomorrow for Part II, which explores our collaborative efforts to protect Virginians from toxic chemical spills.

In 2020, CPR policy analyst Katlyn Schmitt and I investigated nitrate concentrations in drinking water on Maryland’s Lower Eastern Shore — where much of the state’s agricultural activity is concentrated — and analyzed state policies designed to protect private well owners. We found that Maryland was one of five …

Jan. 27, 2022 by David Driesen
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This post was originally published on Verfassungsblog. It is reprinted under Creative Commons License Attribution-ShareAlike 4.0 International.

On the same day, the U.S. Supreme Court issued decisions governing requests for emergency stays of two rules protecting Americans from COVID-19. Both rules relied on very similar statutory language, which clearly authorized protection from threats to health. Both of them presented strikingly bad cases for emergency stays. Yet, the Court granted an emergency stay in one of these cases and denied it in the other. These decisions suggest that the Court applies judicial discretion unguided by law or traditional equitable considerations governing treatment of politically controversial regulatory cases.

Similar cases decided differently

In NFIB v. OSHA, the Court stayed a rule insisting that large employers require either vaccination or testing and masking of their employees, but it denied a stay of a rule demanding vaccination of employees …

Nov. 16, 2021 by M. Isabelle Chaudry, Emily Ranson
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Although vaccination rates continue to rise and coverage on COVID-19 is fading away from prominent news dashboards, our rates are still higher than in summer 2020. While we still adapt to living and working with COVID-19, we must prepare for future public health emergencies so we do not lose another year figuring out our response.

While many provisions of the Maryland Essential Workers’ Protection Act (MEWPA) expired when Gov. Larry Hogan ended Maryland’s state of emergency, one important, future-looking provision remained. Under the law, the Maryland Department of Health is required to develop a template catastrophic health emergency preparedness plan.

The statutory requirement is supposed to provide a plan we can reach for if we are faced with future pandemics. We need to have the best practices, plans and lessons learned compiled and prepared for the next disaster …

Sept. 29, 2021 by M. Isabelle Chaudry
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A recent Maryland law requires the state's Commissioner of Labor and Industry, in consultation with its Occupational Safety and Health Advisory Board, to develop and adopt regulations that require employers to protect employees from heat-related illness caused by heat stress. Those standards are due by October 2022.

The law also requires the state to hold four public meetings to collect input from residents. This month, the Maryland Occupational Safety and Health Division (MOSH) scheduled those meetings, and I testified at the September 20 session.

As I stated during the hearing, CPR is pleased that Maryland will issue a standard requiring employers to protect workers from heat-related illnesses this session. I and other advocates urged MOSH to address the dangers of working in the heat and the immediate need for the standard.

As noted in my testimony, farmworkers are predominantly Black and brown, and many are from Indigenous …

Sept. 8, 2021 by Jennifer Nichols, Allison Stevens
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Soaring rates of voluntary resignations, widespread labor shortages, and the ubiquity of "Help Wanted" signs put the "labor" back in the Labor Day holiday this year, as employers struggle to respond to a jobs market that seems, for once, to have given workers the upper hand.

Story after story blames current labor market conditions on "burnout," an occupational phenomenon the World Health Organization describes as a combination of symptoms that includes emotional exhaustion and reduced personal accomplishment. "Burnout — and opportunity — are driving record wave of quitting," the Deseret (Utah) News declared in August.

But what if the diagnosis — or rather, what we call it — is a symptom of the real problem? Naming the phenomenon for its toll on workers, rather than for the working conditions that drive it, skews our understanding of what's wrong and how to fix it.

The word "burnout" calls to mind …

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