Introduction
Income and wealth inequalities have reached historic highs just as union membership has dropped to new lows, despite overwhelming worker interest in unionization. Weak federal labor laws, combined with changes in employment structure and intense employer opposition, have undermined workers’ ability to join unions and win collective bargaining agreements, a widely recognized answer to economic inequality, particularly for Black and brown workers. At the same time, court doctrines have sidelined state and local governments by curtailing their abilities to develop their own solutions for protecting worker organizing.
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Notwithstanding federal labor law’s preemption of certain state and local policies, there are still opportunities for workers and communities to win the protections they deserve. Public spending at all levels of government – and particularly at the state and local levels – provides an opportunity for workers to secure dignified working conditions and a free and fair chance to join a union. Workers and communities cannot afford to wait for Congress or the courts to cure labor law’s failings. By taking bold action at the state and local levels, communities and workers can lead the way toward a fairer and more just economy that advances racial justice and economic security for all.
This brief will 1) provide an overview of the legal and policy challenges to using state and local policy to protect organizing and collective bargaining, 2) propose a strategy for overcoming those challenges, 3) examine how the current wave of federal government funding can be leveraged to protect workers in particular industries and sectors, and 4) highlight examples of workers and communities using this policy strategy in the field.