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    Trump is dismantling a key worker safety group. It’s another betrayal of the working class | Devan Hawkins

    As Donald Trump announced his tariffs in the White House Rose Garden last month, he proclaimed: “We’re standing up for the American worker.” While it remains to be seen what impact these tariffs will have on American workers, his words were belied by the fact that just a day before this announcement, hundreds of workers at the National Institute for Occupational Safety and Health (Niosh) – an organization that has stood up for US workers since 1970 – discovered that they had been laid off.Niosh was founded as part of the Occupational Health and Safety Act with the purpose of “developing and establishing recommended occupational safety and health standards”. The organization has been on the frontline of protecting worker health and safety ever since. Its work has focused on understanding the risks faced by millions of workers throughout the country who put their safety on the line every day to perform their jobs. For example, Niosh’s Fire Fighter Fatality Investigation and Prevention Program investigates fatalities to understand their circumstances and make recommendations, ensuring that more of these workers, who risk their lives for others daily, can be safer in the line of duty.Far from being a caricature of a federal body firmly entrenched in the Beltway, Niosh’s work is spread across the country. One of Niosh’s most notable sites is its Morgantown, West Virginia, facility. Located in the heart of coal country for decades, it has focused on studying the health impacts of coalmining – particularly black lung disease – which has seen notable increases in recent years. Nearly 200 workers were fired from the Morgantown location, which will severely hamper this work. (Some were temporarily rehired.)Niosh also supports surveillance programs run out of 23 states. These state-based programs focus on the unique needs of the workforce in those areas. For several years, I was fortunate to have been an epidemiologist with such a program in Massachusetts, where my colleagues and I focused on understanding and preventing health challenges ranging from bloodborne pathogen exposure among healthcare workers, to asthma risk among cleaners, to fatalities in the construction industry.Since its founding, Niosh has been a nimble organization, adapting to and studying new and emerging threats. The World Trade Center Health Program, which is administered by Niosh, was created to study the health impacts of responding to those terrorist attacks – ranging from traumatic injuries and respiratory disease to cancer and mental health – while providing support for those responders.In a similar way to its response to the September 11 attacks, in the grip of the epidemic of opioids and suicides that have cost tens of thousands of lives over the past two decades, Niosh has sought to understand the workplace component of these challenges. These efforts have helped to shed light on the pathway linking occupational injuries to a high risk of drug overdoses among workers in certain occupations, particularly in the construction industry, and contribute to efforts to prevent these deaths.During the Covid-19 pandemic, Niosh studied the risks faced by frontline workers. The pandemic also highlighted one of Niosh’s most essential functions: air filtration ratings. Niosh tests, approves and certifies respirators to ensure that workers are protected from airborne risks ranging from silica dust to lead.Niosh also supports the future of occupational safety and health workers. Niosh traineeship programs across the country provide support to students studying occupational health and safety. I was fortunate to be supported by such a program when I was in graduate school. Throughout the country, hospital employee safety departments, union workplace safety committees, and community occupational health and safety advocacy organizations are staffed by others like myself who received this support.Now is the worst possible time for Niosh to be dismantled. Traditional workplace hazards still remain. In 2023, the last year with available data, there were 5,283 fatal occupational injuries – one every 99 minutes. Violent injuries at work are a growing concern, particularly among healthcare workers. Increasing temperatures caused by climate change place many vulnerable workers at high risk for illness, injury and death, while extreme weather events, such as the wildfires that devastated southern California earlier this year, threaten the health and safety of emergency workers. Emerging technologies such as artificial intelligence are changing the nature of work, presenting new dynamics and hazards.We need Niosh to study these emerging threats and safeguard workers.It remains to be seen what will happen to the remainder of the organization and the programs supported by Niosh throughout the country. Regardless of what occurs, we should support the current and former workers of the organization and carry forward its mission, just as Niosh workers have advocated for the health and safety of workers across this country since the organization’s inception.

    Devan Hawkins is a writer and researcher from Massachusetts. He is the author of the book Worthy and Unworthy: How the Media Reports on Friends and Foes More

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    US Institute of Peace sues Trump administration to block Doge takeover

    The US Institute of Peace and many of its board members have sued the Trump administration, seeking to prevent their removal and stop Elon Musk’s so-called “department of government efficiency”, AKA Doge, from taking over and accessing the independent non-profit’s building and systems.The lawsuit filed late Tuesday in US district court in Washington describes the lengths that institute staff resorted to, including calling the police, in an effort to prevent Doge representatives and others working with the Republican administration from accessing the headquarters near the state department.An executive order last month from Donald Trump targeted the institute and three other agencies for large-scale reductions. The thinktank, which seeks to prevent and resolve conflicts, was created and funded by Congress in 1984. Board members are nominated by the president and must be confirmed by the Senate.Among the board members who filed suit is the former US ambassador to Russia John Sullivan, who was nominated to the ambassadorial role in Trump’s first term and continued to serve as ambassador under Joe Biden before being picked by Biden for the board.The lawsuit accuses the White House of illegal firings by email and said the remaining board members – the defense secretary, Pete Hegseth; the secretary of state, Marco Rubio; and the National Defense University president, Peter Garvin; – also ousted the institute’s president, George Moose.In his place, the three appointed Kenneth Jackson, an administrator with the US Agency for International Development, according to the lawsuit.In a response, government lawyers raised questions about who controlled the institute and whether the non-profit could sue the administration. It also referenced other recent court rulings about how much power the president has to remove the leaders of independent agencies.Doge staff tried multiple times to access the building Monday before successfully getting in, partly with police assistance.The institute’s staff had first called the police around 3pm Monday to report trespassing, according to the lawsuit. But the Metropolitan police department said in a statement that the institute’s acting president – seemingly a reference to Jackson – told them at around 4pm that he was being refused access to the building and there were “unauthorized individuals” inside.“Eventually, all the unauthorized individuals inside of the building complied with the acting USIP President’s request and left the building without further incident,” police said.The lawsuit says the institute’s lawyer told Doge representatives multiple times that the executive branch has no authority over the non-profit.A White House spokesperson, Anna Kelly, said: “Rogue bureaucrats will not be allowed to hold agencies hostage. The Trump administration will enforce the President’s executive authority and ensure his agencies remain accountable to the American people.”The legal action is the latest challenging the Trump administration’s efforts to dismantle US foreign assistance agencies, reduce the size of the federal government and exert control over entities created by Congress.skip past newsletter promotionafter newsletter promotionA federal judge ruled Tuesday that cuts to USAid likely violated the constitution, and blocked Doge staff from making further cuts.To the top Democrats on the foreign affairs committees in Congress – the New York representative Gregory Meeks and the New Hampshire senator Jeanne Shaheen – the “hostile takeover” of the institute was one more sign that Trump and Musk want “to recklessly dismantle historic US institutions piece by piece”.The leaders of two of the other agencies listed in Trump’s February executive order – the Inter-American Foundation, which invests in businesses in Latin America and the Caribbean, and the US African Development Foundation – also have sued the administration to undo or pause the removal of most of their staff and cancellation of most of their contracts.A federal judge ruled last week that it would be legal to remove most contracts and staff from the US-Africa agency, which invested millions of dollars in African small businesses.But the judge also ordered the government to prepare Doge staff to explain which steps they were taking to maintain the agency at “the minimum presence and function required by law”. More

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    US added to international watchlist for rapid decline in civic freedoms

    The United States has been added to the Civicus Monitor Watchlist, which identifies countries that the global civil rights watchdog believes are currently experiencing a rapid decline in civic freedoms.Civicus, an international non-profit organization dedicated to “strengthening citizen action and civil society around the world”, announced the inclusion of the US on the non-profit’s first watchlist of 2025 on Monday, alongside the Democratic Republic of the Congo, Italy, Pakistan and Serbia.The watchlist is part of the Civicus Monitor, which tracks developments in civic freedoms across 198 countries. Other countries that have previously been featured on the watchlist in recent years include Zimbabwe, Argentina, El Salvador and the United Arab Emirates.Mandeep Tiwana, co-secretary general of Civicus, said that the watchlist “looks at countries where we remain concerned about deteriorating civic space conditions, in relation to freedoms of peaceful assembly, association and expression”.The selection process, the website states, incorporates insights and data from Civicus’s global network of research partners and data.The decision to add the US to the first 2025 watchlist was made in response to what the group described as the “Trump administration’s assault on democratic norms and global cooperation”.In the news release announcing the US’s addition, the organization cited recent actions taken by the Trump administration that they argue will likely “severely impact constitutional freedoms of peaceful assembly, expression, and association”.The group cited several of the administration’s actions such as the mass termination of federal employees, the appointment of Trump loyalists in key government positions, the withdrawal from international efforts such as the World Health Organization and the UN Human Rights Council, the freezing of federal and foreign aid and the attempted dismantling of USAid.The organization warned that these decisions “will likely impact civic freedoms and reverse hard-won human rights gains around the world”.The group also pointed to the administration’s crackdown on pro-Palestinian protesters, and the Trump administration’s unprecedented decision to control media access to presidential briefings, among others.Civicus described Trump’s actions since taking office as an “unparalleled attack on the rule of law” not seen “since the days of McCarthyism in the twentieth century”, stating that these moves erode the checks and balances essential to democracy.“Restrictive executive orders, unjustifiable institutional cutbacks, and intimidation tactics through threatening pronouncements by senior officials in the administration are creating an atmosphere to chill democratic dissent, a cherished American ideal,” Tiwana said.In addition to the watchlist, the Civicus Monitor classifies the state of civic space in countries using five ratings: open, narrowed, obstructed, repressed and closed.Currently, the US has a “narrowed” rating, which it also had during the Biden administration, meaning that while citizens can exercise their civic freedom, such as rights to association, peaceful assembly and expression, occasional violations occur.For part of Trump’s first term, Tiwana said, the US had been categorized as “obstructed”, due to the administration’s response to the Black Lives Matter protests and restrictive state laws that were enacted limiting the rights of environmental justice protesters, and other actions.skip past newsletter promotionafter newsletter promotionUnder Joe Biden, the classification went back to “narrowed”, Tiwana, said, but as of Monday, the US has been placed on the watchlist as the group says it sees “significant deterioration” in civic freedoms occurring.Tiwana noted that the US is again seemingly headed toward the “obstructed” category.While the Trump administration often say they support fundamental freedoms and individual rights, like free speech, Tiwana believes that the administration seem “to be wanting to support these only for people who they see as agreeing with them”.Historically, Tiwana said, the US has been “considered the beacon of democracy and defense of fundamental freedoms”.“It was an important pillar of US foreign policy, even though it was imperfect, both domestically and how the US promoted it abroad,” he added.But Tiwana believes that the recent actions and statements made by this US administration could empower authoritarian regimes around the world, undermine constitutional principles, and embolden those who “want to accumulate power and increase their wealth and their ability to stay in power for as long as possible”.Tiwana says that he and the organization want to draw attention to the fact that those in power in the US are, in his view, engaging in a “zero-sum politics game” that is eroding “constitutional principles and frankly, engaging in, anti American behavior”.“We urge the United States to uphold the rule of law and respect constitutional and international human rights norms,” said Tiwana. 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    Trump fires two DoJ senior career officials including pardon attorney

    Donald Trump’s administration on Friday fired at least two senior career officials at the US justice department, including the head of the office that handles presidential pardon requests, according to a social media post and sources familiar with the matter.Liz Oyer served as pardon attorney since 2022, a career justice department position. Oyer was fired “effective immediately,” according to a memo she shared on LinkedIn, which cited Trump’s executive authority under the US constitution.Oyer, who was appointed by Biden in 2022, posted on LinkedIn: “I’m sad to share that I was fired today from the job I have poured my heart and soul into for the last three years. I am so proud of the team we built in the Office of the Pardon Attorney, who will carry on our important work. I’m very grateful for the many extraordinary people I’ve had the opportunity to connect with on this journey. Thank you for your partnership, your support, and your belief in second chances.”Oyer’s former office reviews requests for clemency from people convicted of federal offenses and makes recommendations to the White House on whom the president should pardon.Oyer’s termination comes two weeks after Trump appointed Alice Marie Johnson as “pardon czar”, a role in which she will recommend people for presidential commutations.Bobak Talebian, the head of the justice department’s Office of Information Policy, which handles public records requests under the US Freedom of Information Act, was also fired, according to a source familiar with the matter.The moves mark the latest instance of the Trump administration removing or sidelining career justice department officials, who typically keep their positions across presidential administrations.A justice department spokesperson did not immediately respond to a request for comment on the moves.Trump-appointed officials previously reassigned several veteran national security and criminal prosecutors to a newly created immigration office. The top career ethics official left the justice department after facing a similar reassignment.About eight senior career FBI officials also were forced out before the confirmation of Trump-nominated FBI director Kash Patel by the Senate.Justice department leaders have generally not given reasons for the dismissals, but have broadly emphasized that career officials must be trusted to enforce Trump’s agenda.skip past newsletter promotionafter newsletter promotionA union said on Friday the US Department of Labor reinstated about 120 employees who had been facing termination as part of the Trump administration’s mass firings of recently hired workers.The American Federation of Government Employees, the largest federal employee union, told Reuters that the probationary employees had been reinstated immediately and that the department was issuing letters telling them to report back to duty on Monday.Coral Murphy Marcos contributed to this report More

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    Elon Musk tells Republicans he isn’t to blame for mass firings of federal workers

    Elon Musk is telling Republican lawmakers in private meetings that he is not to blame for the mass firings of federal workers that are causing uproar across the country, while Donald Trump reportedly told his cabinet secretaries on Thursday that they are ultimately in charge of hiring and firings at their agencies – not billionaire aide Musk.The two powerful figures appeared to be making parallel efforts to distance Musk from radical job slashing made over the last two months. This is despite the tech entrepreneur boasting about cuts, recommending the US “delete entire agencies” and taking questions on the issue alongside the US president, then wielding a chainsaw at an event to symbolize his efforts – all amid legal challenges and skepticism from experts.Musk said in private talks with lawmakers who are experiencing blowback from constituents angry over the firings of thousands of federal workers, including military veterans, that such decisions are left to the various federal agencies, the Associated Press reported.Despite copious evidence that Musk has acted as if he has the authority to fire federal workers, the representative Richard Hudson of North Carolina, who leads the House Republicans’ campaign arm, said on Thursday: “Elon doesn’t fire people.”“He doesn’t have hiring and firing authority,” Hudson said after a meeting with Musk over pizza in the basement of the US Capitol in Washington DC. “The president’s empowered him to go uncover this information, that’s it.”That came as Trump told his cabinet that Musk’s authority lay in making recommendations to departments about staffing, not making unilateral decisions on that, Politico reported.The new Trump administration created and then expanded the so-called “department of government efficiency” (Doge) and put the unelected Musk in charge of it, with a mandate to slash jobs and costs across the federal government despite critics’ outcry about a growing US oligarchy.Trump reiterated earlier this week in a joint address to Congress that Musk was the head of Doge, which was quickly introduced as evidence in one lawsuit against the job cutting, and despite recent claims to the contrary from Musk and the administration.It’s a remarkable shift of emphasis away from the chainsaw-wielding tech entrepreneur whose vast power has made him an admired, revered and deeply feared figure in the second Trump administration.Trump said on Thursday that he had instructed department secretaries to work with Doge but to “be very precise” about which workers would stay or go, using a “scalpel rather than a hatchet”.skip past newsletter promotionafter newsletter promotionHe later told reporters at the White House: “I don’t want to see a big cut where a lot of good people are cut.”Then, after suggesting that cabinet and agency leaders would take the lead, he said Musk could push harder down the line.“If they can cut, it’s better. And if they don’t cut, then Elon will do the cutting,” Trump said.Reuters and the Associated Press contributed reporting More

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    Court rules Trump’s firing of labor board official illegal, saying president is not a king

    A federal court ruled that Donald Trump’s abrupt firing of a former senior official at the top US labor watchdog was illegal, and ordered that she be reinstated.Gwynne Wilcox was the first member of the National Labor Relations Board to be removed by a US president since the board’s inception in 1935.The framers of the US constitution “made clear that no one in our system of government was meant to be king – the President included – and not just in name only”, the judge Beryl A Howell, wrote in the ruling.Howell presided over the hearing held on Wednesday on a motion for summary judgment in the District of Columbia. “The President does not have the authority to terminate members of the National Labor Relations Board at will, and his attempt to fire plaintiff from her position on the Board was a blatant violation of the law,” she wrote.“A president who touts an image of himself as a ‘king’ or a ‘dictator,’ perhaps as his vision of effective leadership, fundamentally misapprehends the role under Article II of the US Constitution,” wrote Howell.Article II of the US Constitution outlines the executive powers and responsibilities of the president. Howell continued, “in our constitutional order, the president is tasked to be a conscientious custodian of the law, albeit an energetic one, to take care of effectuating his enumerated duties, including the laws enacted by the Congress and as interpreted by the Judiciary”.Wilcox filed the lawsuit early last month, alleging her removal was a “blatant violation” of the National Labor Relations Act, which stipulates that members of the board can only be removed for negligence or misconduct. Her removal left the board with only two members, lacking the quorum of at least three members required to rule on cases.“I’m ready to get back to work,” said Wilcox after the hearing in a speech outside the courthouse today. “It’s not just about me, but I’m glad to be the face of this fight.”Her attorney, Deepak Gupta, noted this was the beginning of a long fight.Wilcox was confirmed by the Senate in September 2023, and set to serve until August 2028. She sought a declaratory judgment ruling her removal unlawful and an injunction to permit her to complete her appointed term.The White House has defended her removal, and that of the NLRB general counsel, claiming that “these were far-left appointees with radical records of upending longstanding labor law, and they have no place as senior appointees in the Trump administration”.During the hearing, Howell noted that in court, the Trump administration claimed the law prohibiting removal of board members was unconstitutional. Similar arguments have been made in recent lawsuits against the NLRB by SpaceX, Amazon and other employers in response to labor law enforcement actions pursued against the corporations.Howell explained the US supreme court precedent of Humphrey’s Executor, a 1935 case in which the court ruled that a commissioner of the Federal Trade Commission had been unlawfully removed by Franklin Delano Roosevelt.Former NLRB chairs and labor leaders criticized the removal of Wilcox, claiming it violated that precedent set by the supreme court, undermined the independence of the NLRB and in effect halted federal labor law enforcement in the US.The AFL-CIO, the largest federation of labor unions in the US, held a rally in support of Wilcox outside the courthouse during Wednesday’s hearing.“A week after taking office, President Trump effectively shut down the National Labor Relations Board (NLRB) and jeopardized the NLRB’s independence by illegally firing Wilcox, the first Black woman to serve on the Board,” said the AFL-CIO. More

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    Why this Labor Day is so consequential | Bernie Sanders

    As we celebrate Labor Day, 2023 let’s take a quick look at the economy over the last few years.Never before in American history have so few owned so much and has there been so much income and wealth inequality.Never before in American history has there been such concentration of ownership in our economy with a handful of giant corporations controlling sector after sector, enjoying record-breaking profits.Never before in American history have we seen a ruling class, utilizing a corrupt political system, exercise so much political power through their Super Pacs and ownership of media.And never before in American history have we seen the level of greed, arrogance and irresponsibility that we see today on the part of the 1%. Corporate greed is rampant.Meanwhile, as the billionaire class becomes richer and more powerful, over 60% of Americans live paycheck to paycheck, and many work for starvation wages and under terrible working conditions. Incredibly, despite huge increases in worker productivity and an explosion in technology, the average American worker is making over $45 a week less today than he or she did 50 years ago after adjusting for inflation.Today, in the wealthiest country in the history of the world, tens of millions struggle to put food on the table, find affordable housing, affordable healthcare, affordable prescription drugs, affordable childcare and affordable educational opportunities. In our country today we have the highest rate of childhood poverty of almost any major nation, and half of older workers have no savings as they face retirement.And, in the midst of this massive inequality, the United States and the world face enormous economic transformation as a result of artificial intelligence, robotics and other new technologies. There is no question but that many of the jobs being done today will not be here in 10 or 20 years.Let’s be clear. These technologies, which will greatly increase worker productivity, have the potential to be extraordinarily beneficial for humanity, or could cause devastating pain and dislocation for tens of millions of workers. The question is: who makes the decisions as to what happens in this radically changing economy, and who benefits from those decisions? Do we allow the “market” to throw working people out in the streets because they are “redundant”, or do we take advantage of the increased productivity this technology creates to improve the lives of all?Throughout the history of humanity, the vast majority of people have had to struggle to feed themselves, find adequate shelter and eke out a living. The good news is that the revolutionary new technology, if used to benefit all of humanity and not just the rich and the powerful, could usher in a new era in human development. It is not utopian thinking to imagine that, for the first time in world history, we could enter a time in which every man, woman and child has a decent standard of living and improved quality of life.In the United States, for example, the 40-hour work week, under the Fair Labor Standards Act, has been the legal definition of full-time work since 1940. Well, the world and technology have undergone enormous changes since 1940 and American workers are now 480% more productive than they were back then. It’s time for those standards to reflect contemporary reality. It’s time for a 32-hour work week with no loss in pay. It’s time that working families were able to take advantage of the increased productivity that new technologies provide so that they can enjoy more leisure time, family time, educational and cultural opportunities – and less stress.Moving to a 32-hour work week with no loss of pay is not a radical idea. In fact, movement in that direction is already taking place in other developed countries. France, the seventh-largest economy in the world, has a 35-hour work week and is considering reducing it to 32 hours. The work week in Norway and Denmark is about 37 hours a week.Recently, the United Kingdom conducted a four-day work week pilot program of 3,000 workers at over 60 companies. Not surprisingly, it showed that happy workers were more productive. The pilot was so successful that 92% of the companies that participated decided to maintain a four-day work week because of the benefits to both employers and employees.Another pilot of nearly 1,000 workers at 33 companies in seven countries, found that revenue increased by more than 37% in the companies that participated and 97% percent of workers were happy with the four-day work week.Needless to say, changes that benefit the working class of our country are not going to be easily handed over by the corporate elite. They have to be fought for – and won. And in that regard there has been some very good news over the last several years. We are now seeing workers stand up and fight for justice in a way we have not seen in decades. In America, more workers want to join unions; more workers are joining unions – 273,000 last year alone; and more workers are going out on strike for decent wages and benefits and winning. We’re seeing that increased militancy all across our economy – with truck drivers, auto workers, writers, actors, warehouse workers, healthcare professionals, graduate student teachers and baristas.Let’s continue that struggle. Let’s think big, not small. Let’s create an economy and government that work for all, not just the few.Happy Labor Day. More

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    Will Starbucks’ union-busting stifle a union rebirth in the US?

    With more than 340 victories at Starbucks stores across the US, the campaign to organize the coffee chain’s workers is one of the most successful union drives in a generation. But Starbucks’ fierce union-busting campaign has badly slowed its momentum and exposed deep flaws in US labor law that threaten other promising unionization efforts.Two years on since workers at a Buffalo Starbucks started the first successful campaign to form a union at a company-run store, labor experts say the coffee chain’s aggressive union-busting is shining a harsh light on the shortcomings of the National Labor Relations Act (NLRA) and how that 88-year-old law which governs unionization campaigns is proving far too weak to stop a powerful, multibillion corporation from using an arsenal of illegal tactics to stifle a highly promising union drive.Many labor experts say the unionization campaign at Starbucks has done more than any other effort to inspire union drives, whether at Trader Joe’s, Apple or elsewhere, but if Starbucks succeeds in quashing its baristas’ organizing efforts and prevents them from ever getting a first contract, that would be a major symbolic and substantive blow to the hopes for a union rebirth in the US.Even strong union supporters admit that Starbucks’ “union avoidance” tactics have severely cut into the union’s momentum and win rate.“Starbucks has figured out an ingenious plan to get around labor law, which is: break so many labor laws so fast that the National Labor Relations Board simply can’t keep up in enforcing the law,” said Jaz Brisack, a fired barista who worked at the first company-run Starbucks – the Elmwood Avenue store in Buffalo – where workers voted in favor of unionizing.The regional offices of the National Labor Relations Board (NLRB) have brought 100 separate cases against Starbucks – an extraordinarily high number – which together allege more than 1,000 illegal actions, many of them in retaliation against workers for unionizing: from closing stores because they had unionized to reducing workers’ hours after their stores unionized. The NLRB has also filed an unusual nationwide complaint accusing Starbucks of refusing to bargain at 163 unionized stores across 28 states.All told, rulings by various judges and the five-person labor board have ordered reinstatement of 28 Starbucks workers they found to have been illegally fired in retaliation for union activity. Dozens more pro-union baristas are awaiting rulings about whether they, too, were fired illegally – the NLRA prohibits employers from retaliating against workers for backing a union. Their union, Starbucks Workers United, asserts that nearly 200 workers have been fired in retaliation for union activity.“If Starbucks had not engaged in this ferocious, unlawful campaign, they would have 3,000 unionized stores by now, not 300,” said John Logan, a professor of labor studies at San Francisco State University and an expert on corporations’ anti-union strategies. The number of unionization petitions filed by Starbucks workers has plummeted from 71 a month in March 2022 to around a dozen a month today.Logan said the NLRA aims to let workers freely choose whether they want a union to represent them. “The problem,” he said, “is companies like Starbucks have turned it into a choice by the companies, not by the workers.”When Starbucks’ former CEO, Howard Schultz, testified before a Senate committee in March, he asserted that the company had not broken the law even once in battling against the union. Starbucks continues to maintain that position, asserting that any pro-union worker who was fired was not dismissed for union activity, but for violating company rules, such as arriving late to work.Labor leaders often complain that the NLRA’s weaknesses give a bright green light to anti-union companies to break the law. The NLRA doesn’t allow for any fines, not even one dollar, if a company is found to have, for instance, illegally fired the four workers leading a union drive. Nor can a company be fined for closing a store or operation in retaliation for its workers unionizing. When the NLRB rules that a company broke the law by refusing to bargain, it can’t order the company to reach a first contract. All it can do is order the company to return to the bargaining table, but when that happens, many companies resume doing everything they can to avoid ever reaching a first contract. Even though the first Starbucks store unionized 20 months ago, the company hasn’t reached a contract with workers at any of its 340-plus unionized stores.“The remedy that’s ordered for a failure to bargain in good faith is an order to bargain more. That just doesn’t work,” said Benjamin Sachs, a labor law professor at Harvard.In response to the Guardian’s questions, Starbucks said it “is committed to progress negotiations towards a first contract”. The company accused the union of dragging its feet in bargaining, saying the union “has only responded to 25% of the more than 465 bargaining sessions that Starbucks has proposed for individual stores”.The union responded that Starbucks is the one under scrutiny for refusing to bargain. The union added that it hasn’t responded to many of Starbucks’ requests to bargain because the company has sought to “impose illegal conditions” intended “to prevent us from designating members of our own bargaining teams”. The union says Starbucks has failed to make even one counterproposal to its many bargaining proposals.“Starbucks is proof that a concerted effort by a corporation to delay and violate the law too easily succeeds under the rules of the game we have today,” Sachs said. “We need new rules of the game.“Starbucks isn’t the only one to blame,” he added. “The legal system bears responsibility for enabling corporations to act this way.”Criticizing the system’s delays, Sachs noted that after a fired worker asks the NLRB for reinstatement, it can take up to five years of litigation – including a decision by an NLRB administrative law judge, then an appeal to the five-person labor board, then an appeal to a federal circuit court of appeals – before a worker wins reinstatement, and by then the union drive has often fallen apart because workers were frightened off or discouraged from joining.“You can have all the labor protections in the world, but if you don’t have an effective enforcement and remedies scheme, then it’s virtually worthless,” said Wilma Liebman, who served as chair of the NLRB under Barack Obama.Schultz and his company continue to assert that Starbucks has not violated the law even though judges have ruled that Starbucks illegally closed a store in Ithaca in retaliation for unionizing; illegally threatened workers in Seattle, Los Angeles, Chicago, Minneapolis and Buffalo with loss in pay and benefits because of union activity; illegally reduced the hours of Wichita baristas; illegally spied on workers in Pittsburgh; and illegally called police because baristas in Kansas City had congregated outside their store.“Howard Schultz will say to the grave that Starbucks hasn’t broken the law, but that’s factually inaccurate,” San Francisco State’s Logan said, pointing to the many rulings that Starbucks has violated the law.Starbucks has appealed ruling after ruling that found it has acted unlawfully. Schultz maintained that just because a trial judge had found illegalities doesn’t mean Starbucks did anything wrong – that finding might be overturned on appeal.Acknowledging that appeals can last years, Starbucks said: “The process for reviewing the merits of these allegations is multi-step, includes several layers of review by the NLRB and the federal court system, and usually takes years to complete. Where claims have been filed against Starbucks that we believe are unfounded, we continue to defend the company.”Starbucks workers see a clear objective behind Starbucks’ retaliatory moves: to frighten and even terrorize workers – to make workers too scared to support or work for unionization. Pro-union workers further assert that what they see as Starbucks’ refusal to bargain aims to deter workers at additional stores from unionizing by sending a loud message that if they unionize, there’s no guarantee their store will negotiate a first contract anytime soon to deliver better wages and benefits. Workers at many stores allege that after their stores voted to unionize, management cut back on their weekly hours (and weekly pay) and cut their store’s staffing to make their jobs more stressful and to show that unpleasant things happen if they unionize.skip past newsletter promotionafter newsletter promotion“Starbucks has taken a scorched-earth policy to target union leaders and union stores for retaliation,” said Richard Bensinger, an adviser to the Starbucks’ unionization drive. “Starbucks is starving out union supporters. They’re cutting their hours and starving the stores by cutting staff. They’re starving the unionized workers by not giving them credit card tips. They’re doing everything they can at union stores to be as nasty as they can to undermine the union, to say to non-union workers, ‘‘Look what’s happening there.’ In some cases, they’re even closing unionized stores, like in Ithaca.”Starbucks closed all three of its stores in Ithaca, New York, the first city in the US where every Starbucks was unionized. The company said the closings were for business reasons and had nothing to do with the union. But Kolya Vitek, a barista who worked at two of the Ithaca stores, said: “The closures are very blatantly union-busting. There is no reason they needed to close those stores.” Stephanie Heslop, another barista in Ithaca, added: “They wanted to burn the union to the ground here.”After nearly four years as a barista, Quinn Craig led the effort to unionize a Starbucks in San Antonio, Texas. “As soon as we filed our petition, I started preparing to get fired. I knew that it was coming,” said Craig, who often wore a cap saying “Scary Union Organizer”. “I saw that Starbucks was firing lead organizers in stores all across the country. By the time we won our election, we saw 30 or 40 worker-organizers fired across the country.”The San Antonio organizing drive was fueled by dismay with constantly changing work schedules and what workers said was systematic understaffing, which made their jobs far more stressful. “We also wanted to advocate for a better benefits system,” Craig said. “More than half the people at our store didn’t qualify for all the benefits that Starbucks is bragging about.”On 23 June 2022, the San Antonio workers voted 10 to 6 to unionize. Soon after, workers said, Starbucks began reducing their weekly hours and pay – a move many saw as punishment for unionizing and a stratagem to get them to quit.On the first anniversary of their union victory, the store’s workers walked out, protesting what they said was understaffing. That same day, Craig was fired. “They fired me on the one-year anniversary of our store winning a union election,” Craig said. “They fired the lead organizer on the day we were celebrating. That’s villainous. They’re not sneaky about their retaliatory actions.”To explain the firing, Starbucks said Craig had failed to secure the store’s cash or set the security alarm before the walkout. “I called the manager to say we were walking out,” Craig said. “Her response was ‘OK’ and [she] hung up” – without giving any instructions.Alleging unlawful retaliation, Craig has asked the NLRB for reinstatement. Craig says Starbucks’ tactics – the firings, closings and reduced hours – “have really had a chilling effect. I personally saw several stores in my region lose interest in unionizing. Without all the union-busting, we could have had double the number of stores in my region organized.”Many baristas say one Starbucks strategy in particular has discouraged workers from unionizing. In May 2022, Schultz announced that Starbucks would give certain raises and benefits to workers at its more than 9,000 non-union stores, but not offer those raises and benefits to its unionized workers. Starbucks insists it would be illegal to impose any raises or benefits on its unionized stores without first negotiating about them, but the NLRB’s general counsel asserts that this policy constitutes unlawful discrimination against Starbucks’ unionized workers. Under this policy, Starbucks has given its non-union workers, but not its unionized ones, a more relaxed dress code, increased training, faster sick leave accrual and, most important, credit card tipping. (Workers at the first few Starbucks stores to unionize had asked early on for credit card tipping.)Baristas say credit card tipping can boost pay by $5 an hour, often meaning a 30% pay increase. Starbucks’ refusal to give many raises and benefits, including credit card tipping, to workers at its unionized stores has fueled decertification efforts at more than a dozen stores. Decertification is a process to vote out the union. Pointing to the denial of credit card tipping, San Francisco State’s Logan said: “Starbucks is offering the workers a $5-an-hour bribe to vote out the union.”Federal law prohibits companies from aiding decertification efforts. Starbucks has referred workers interested in decertification to the National Right to Work Legal Defense Foundation, a group long funded by rightwing billionaires, including the Koch brothers. But the coffee company says it hasn’t joined in that foundation’s efforts to assist decertification petitions. The NLRB has blocked several of the decertification petitions because it says Starbucks had failed to bargain in good faith, preventing workers from getting a fair shot at reaching a first contract. Starbucks has criticized the labor board for not giving its workers a free choice to decertify the union – a claim many workers ridicule, saying that Starbucks, with its aggressive union-busting, hasn’t given its workers a free choice on whether to unionize.Labor experts have long proposed ways to revamp the NLRA so that it truly discourages illegal actions by anti-union employers. The Protecting the Right to Organize Act (Pro Act), which President Biden backs, but Senate Republicans have blocked, calls for substantial fines against companies that fire pro-union workers or commit other illegal actions.“Unless Starbucks is made to pay a real price for its illegal conduct, there will be no reason for it not to violate the law,” Logan said. “I would like to see a discussion of having criminal penalties for CEOs whose companies engage in egregious unlawful practices.”Many labor leaders say that to prevent years of delay before negotiating a first contract – that is, if one is ever negotiated – the NLRA should provide for compulsory arbitration if the two sides fail to reach a first contract within a few months. The Pro Act calls for mandatory arbitration. Some labor experts look to Alberta, Canada, as a model; there, if the two sides fail to reach a first contract within 90 days after bargaining begins, the dispute goes to a neutral arbitrator who determines the contract’s provisions.But every time Democrats have pushed to amend the NLRA to make it easier to unionize, Republicans have used filibusters to block the legislation. That happened under presidents Johnson, Carter, Clinton, Obama and Biden.Short of overhauling the NLRA, union supporters say the NLRB should obtain a nationwide injunction to order Starbucks to cease and desist from firing pro-union baristas. The NLRB’s general counsel, Jennifer Abruzzo, has repeatedly sought such an injunction, but judges have thus far failed to grant it, evidently not convinced that Starbucks is systematically taking illegal actions.Starbucks baristas applauded a NLRB decision from last Friday that some labor experts say could go far to discourage companies like Starbucks from violating the law when battling against unionization. Under the board’s decision, if a majority of workers sign cards saying they want to unionize and the employer insists on holding a union vote and then is found by the NLRB to have broken the law in fighting unionization, the labor board will order the company to grant union recognition based on the signed cards.But labor experts fear that conservative, corporate-friendly federal judges may overturn the NLRB’s decision.With labor leaders complaining that Starbucks’ illegalities continue unabated, many pro-union workers are pushing for more militant action to get Starbucks to stop the firings and negotiate a first contract. Some have called for more strikes or civil disobedience outside Starbucks cafes or a nationwide consumer boycott – or a combination of all three strategies.Despite Starbucks’ aggressive tactics, many workers remain optimistic. “They’re doing everything they can to crush our organizing effort. What they’re doing is terrible, closing stories and firings,” said Casey Moore, a union spokesperson and fired Buffalo barista. “But every day we still have stores filing for elections and workers emerging with new energy.” More