Labor Law for the Rank and Filer

by Staughton Lynd, Staughton Lynd

Have you ever felt your blood boil at work but lacked the tools to fight back and win? Or have you acted together with your co-workers, made progress, but wondered what to do next? If you are in a union, do you find that the union operates top-down just like the boss and ignores the will of its members?

Labor Law for the Rank and Filer: Building Solidarity While Staying Clear of the Law is a guerrilla legal handbook for workers in a precarious global economy. Blending cutting-edge legal strategies for winning justice at work with a theory of dramatic social change from below, Staughton Lynd and Daniel Gross deliver a practical guide for making work better while re-invigorating the labor movement.

Labor Law for the Rank and Filer demonstrates how a powerful model of organizing called “Solidarity Unionism” can help workers avoid the pitfalls of the legal system and utilize direct action to win. This new revised and expanded edition includes new cases governing fundamental labor rights as well as an added section on Practicing Solidarity Unionism. This new section includes chapters discussing the hard-hitting tactic of working to rule; organizing under the principle that no one is illegal, and building grassroots solidarity across borders to challenge neoliberalism, among several other new topics. Illustrative stories of workers’ struggles make the legal principles come alive.

Genres: Labor, Politics, Nonfiction, Law, Economics, History

110 pages, Paperback

First published September 1, 2008

About the author

The son of renowned sociologists Robert Staughton Lynd and Helen Lynd, Staughton Lynd grew up in New York City. He earned a BA from Harvard, an MA and PhD in history from Columbia. He taught at Spelman College in Georgia (where he was acquainted with Howard Zinn) and Yale University. In 1964, Lynd served as director of Freedom Schools in the Mississippi Summer Project. An opponent of the Vietnam War, Lynd chaired the first march against the war in Washington DC in 1965 and, along with Tom Hayden and Herbert Aptheker, went on a controversial trip to Hanoi in December 1965 that cost him his position at Yale.

In the late 1960s Lynd moved to Chicago, where he was involved in community organizing. An oral history project of the working class undertaken with his wife inspired Lynd to earn a JD from the University of Chicago in 1976. After graduating the Lynds moved to Ohio, where Staughton worked as an attorney and activist.

Reviews

[Natalie · Rating 3 out of 5]

3 1/2 stars, really. When is goodreads going to add the half-star option?

I really like the premise and purpose of this book. And I think that I would love to get coffee with the authors, or just hang out and chat. I'm pretty sure our ideologies would agree somewhere in the ball park of 100%. But I was a little bit annoyed by what felt like a little bit of a superiority complex that came out when they were comparing different organizing models. I am 100% in favor of critiquing the historical labor movements, and think that assessing past and current errors is a critical, constant process for building strength. But, as much as I love the IWW, it is not the only organization doing good things, and the authors unfortunately talked about the labor movement in a pretty black and white way.

I was also unpleasantly surprised at how much of their analysis and strategy focused on industrial workers (lots of talk about factories and foremen). Soooo much of the US working class today is not in heavy industry, but in customer service/retail/F&B. Any relevant analysis has to dedicate serious thought to the problems and strategies appropriate to those arenas. I expected these authors to do so, given the background in the Starbucks campaign, but it didn't show up very much.

Still, lots of good, basic information about the foundation of labor law, and some creative ways for how to put it to good use. Also incredibly easy to read and follow, a major plus for anything talking about law in those terms.

[Joe Xtarr · Rating 5 out of 5]

Perfect little book. Just enough information to be wise, but not too much to be overwhelmed. Every worker in the US needs to read this.

To a world without bosses!

[Ernesto Aguilar · Rating 4 out of 5]

Romantic though it seems, the life of labor organizers and unions is messy. Most everyone is familiar with the firings for union organizing from which many a motion picture has borrowed from as grist. But such high drama can easily be avoided by bosses who understand the law and manipulate missteps to their advantage. No doubt corporate attorneys are able to advise their clients to thwart organizing while staying within guidelines. And then there are confused organizers who do not grasp the subtleties of labor issues, let alone their own rights, which can further damage the process. With such forces at play, it is a wonder labor organizing happens at all. Enter Labor Law for the Rank and Filer: Building Solidarity While Staying Clear of the Law by Staughton Lynd and Daniel Gross, an essential book for anyone interested in worker activism and doing so in a way that stays unruly while protecting employees.

There is plenty for those interested in labor organizing to be excited about. Lynd and Gross explain the most recent body of law in an easy to understand way. Practical wisdom beyond the law books abounds here as well. In some cases, that practicality is cold glass of water to the face in terms of reminders. Lawyers and judges are not necessarily (and not historically) friends of labor, the authors caution, and though it is tempting to scuttle mediation, shop stewards and other means, non-litigious methods often serve workers better. They illustrate that point with plenty of examples of company employees applying unique and media-savvy techniques for getting corrective action while staying out of court. Lynd and Gross brand this one of the hallmarks of what they call solidarity unionism.

Solidarity unionism is an intelligible idea that might be distilled down to labor taking less of a defensive position and instead being proactive in addressing its own needs, with splashes of anti-globalization ideas thrown in. The concept of solidarity unionism, as one in which worker involvement ensures day-to-day workplace activities are equitable to labor, offers many stimulating opportunities. How is this organizing model applied longterm? How does one ensure it is sustainable when inevitable tensions and conflicts within the working class occur? Lynd and Gross present an intriguing vision that seems ripe for further application and exploration.

It is all but impossible to address this book without acknowledging the stature of co-author Staughton Lynd. Lynd has dedicated his life to political struggles; he directed the Freedom Schools in the 1964 Mississippi Freedom Summer and led or was actively engaged in countless union drives on the way to becoming one of the most distinguished labor attorneys in the United States. He penned Labor Law over 25 years ago, and this edition's fresh approaches breathe new life into Lynd's manifesto, as much Saul Alinsky as it is Joe Hill.

Ticking in at just over 100 pages, Labor Law throws together elements of legal advice, agit-prop and Organizing 101 as a challenge to the way we look at unions and labor activism. One can only hope workers and supporters are listening to words so thoughtful.

[John · Rating 4 out of 5]

I'm totally new to this "Labor Law" thing and picked this up because someone sent me an email about it. Things I learned:

- individual workers need to be protected from unions as well as their employers; though on balance unions are probably more interested in the workers' benefit than their employers are
- collective action need not be through a formal union
- there's a lot of trickiness around what's legal to do and what's not - doubly so if you're part of a formal union

Things I need to think about:
- this seems very geared at traditional 'working stiffs.' How does this apply in a tech industry context?

[Adam · Rating 4 out of 5]

Classic how-to manual to understanding the basics of labor law by two radical labor lawyers. It gives a brief overview of major components of labor law and best of all gives practical advice for common siuations shop floor fighters will face and teaches you how to be to do your own research as well. Even greater though is the books well written section focusing on direct action and the perspective of solidarity unionism.

[John · Rating 4 out of 5]

PLUG IT STRAIGHT INTO MY VEINS.

A little dated, by virtue of the fact that it's a printed text that makes reference to constantly changing labor law. They cite Ledbetter v. Goodyear (2007), for instance, but not the Lily Ledbetter act passed 2 years later. There's no updates on Janus v. AFSCME either. BUT: the book also equips you with the techniques to research the law yourself. That makes it worthwhile.

[April Helms · Rating 5 out of 5]

I highly recommend this book to anyone interested in labor law, even if they aren't interested in organizing. It's a short, concise summary of critical labor protections that runs only 120 pages and is inexpensive to purchase. I bought a few copies and gave away/loaned copies to those with questions about labor law and organizing. While there may be more thorough books out there, this is a really nice, easy to digest book that serves as a good introduction to employee protections.

[Spicy T AKA Mr. Tea · Rating 3 out of 5]

A nice intro to the basics of labor law. I really liked reading the analogy of seeing the law as a shield and not a sword--defense, not offense. The authors seem to conclude that while the law can be helpful, real change is going to come from workers engaging in direct action in concert with other workers in other industries, activists and organizers and the community at large. Good Intro.

[Dan · Rating 5 out of 5]

A fantastic small primer on US labor law and what every labor organizer should know. Full of examples and recommendations based on the authors' decades of organizing experience. Every organizer should have a copy, a great short reference

[Victor · Rating 3 out of 5]

Excellent resource and intro to labor law for the uninformed average worker. A bit heavy handed, however, in its insistence that unions do not always have the workers best interest at heart. I’m sure there’s plenty of historic precedence for corrupt unions, but this book would have you believe that that is the norm rather than the exception.

Also, while I do agree that direct action on the part of workers is often the most effective route to resolve a grievance, it is not always an option. This book heavily criticizes the grievance settlement procedures of unions, but for many uninformed workers it is often the best and only option. If not for the fact that its authors are prominent figures in the labor movement, I’d almost believe they were anti-union with how antagonistically they speak about them at times.

All in all though, I do think this is a good and informative book for anyone interested in labor law.

[Theory4brains · Rating 5 out of 5]

a simple, cheap and easy to read direct explanation of labor laws for ordinary workers who are trying to organize

if you're a worker in the US, at least have this book in pdf to reference when you take actions

it's a little dated, but the vast majority of the info is still useful

(it also fits in your pocket if you need it on the pickett)

[Jessica DMJ · Rating 3 out of 5]

I don't think this was as accessible as Solidarity Unionism, but still a relatively short and easy read. I wish I had more information for people organizing in public sector work, and/or in places with less friendly labor laws (like the South). Some good quotes in here, though!

[Raymond Senior · Rating 5 out of 5]

Good book if you are just starting off.
But if you have been at it for bit I think it's to general

[Héctor · Rating 5 out of 5]

A must read for anyone interested in trade unionism and/or improving conditions at their workplace. Absolutely fascinating.

[Rosemary · Rating 3 out of 5]

The title says it all. As a management lawyer I figure I need to understand the thought processes of those on the other side of the table.

[Joe Santone · Rating 5 out of 5]

Are you a worker?

OK then. Should probably have this book.

[Vicki Frost · Rating 4 out of 5]

Great, concise book on labor rights. With many references for further reading. I enjoyed the explanations on how to interpret legal citations.

[Reese Gaw · Rating 5 out of 5]

Read this after a furious experience at an exploitative job on a farm. Excellent overview of workers rights in the us.

[Deirdre · Rating 4 out of 5]

Great 101 for a history of labor organizing, real time resources for the worker, and potentials for the future. If only everyone read this book..

[Maddy Barnard · Rating 2 out of 5]

The tone was odd. This book is very union focused.

[Oliver Bateman · Rating 5 out of 5]

a great primer on a somewhat complicated topic, covering all the basics for anyone trying to unionize a workplace, navigate a unionized workplace, or brush up on termination protocols (the explanation of weingarten rights is particularly helpful; cf. https://www.umass.edu/usa/weingarten.htm)

[Carlos · Rating 3 out of 5]

I'm worried that my review of this book may not seem very positive. I can't emphasize enough how useful it can be as a primer not only on labor law but also on some key elements of bottom-up unionism.

However, it is only a primer, only an introduction that the reader must follow up with more study. As a primer, it does an excellent job of demystifying the law and giving common sense explanations of solidarity at work and in the world.

It points beyond itself, at how the law can be studied further and at the ongoing efforts to give shape to solidarity unionism. But sometimes its examples are too pat, and its exhortations lack persuasion.

I was inspired by this book, even as I encountered its shortcomings. Its ideas will inform my practice. I wish it had better signaled a path toward more labor smarts, but then again, page for page, it offered more than enough.

[Marc Lucke · Rating 3 out of 5]

This is probably a tremendous resource for American union organizers and labour activists (although I suppose they'd spell it "labor"). As a Canadian, I found it of marginal utility, although the historical footnotes and examples of case law were interesting.

[Am-erica · Rating 4 out of 5]

this is very helpful for folks learning about labor organizing and just basic rights in the workplace. super-easy as a reference guide too.

[Rob · Rating 5 out of 5]

Anyone know of a similar book that goes over labor law in the same format in Canada (or New Zealand?) Or have case studies of solidarity unionism in Canada (or New Zealand?) Thanks!

[Mack · Rating 5 out of 5]

Considering the material it draws from, this slim volume was very easy to read and every bit was essential.

[Jackson Hignite · Rating 4 out of 5]

Good, simple introduction to labor law. Definitely recommend!

[Mills College Library]

344.7301 L988 2011