Monday, July 1, 2013
Lance Compa (Cornell ILR) has brought ot our attention a new paper from the International Trade Union Confederation (ITUC) and the global unions UNI and IndustriALL countering employers' claims that a 2010 decision by the ILO Committee on Freedom of Association endorsed American management-style anti-union campaigns around the world. It is entitled: Freedom of Speech and Freedom of Association: Finding a Balance (June 2013).
The case involved a Delta Airlines campaign against flight attendants' organizing. Lance worked on this along with Jeff Vogt of ITUC and Christy Hoffman of UNI, advised by Fred Feinstein of U. Maryland and Keith Ewing of Kings College London.
The International Organization of Employers, the Littler Mendelson law firm, and T-Mobile have been promoting the idea that the CFA's comments on employers' freedom of expression make NLRA Section 8(c) as interpreted by American courts the new international standard for employers' anti-union campaigns. The ITUC paper argues that the CFA decision did no such thing. On the contrary, the CFA reinforced the long-established standard of non-interference in workers' organizing efforts: that freedom of expression cannot be abused in ways that interfere with freedom of association.
This issue will continue to be sharply debated both in the ILO context and in union organizing campaign efforts that invoke international standards on freedom of association. All comments and thoughts are welcome.