The America’s Work Force Union Podcast hosted labor lawyer Andrew Strom, who, as an adjunct professor at Brooklyn Law School, explained the relevance of the 1962 U.S. Supreme Court decision in National Labor Relations Board v. Washington Aluminum Co., its application to both union and non-union workers, and how legal knowledge can empower employees.
Strom began by discussing the details and legacy of the Washington Aluminum case. In 1959, machinists at an aluminum fabricating plant walked off the job on a bitterly cold morning when their workplace furnace failed. The company's president fired those involved, resulting in legal complaints and an eventual Supreme Court review. The ruling affirmed that employees, regardless of union membership, possess broad rights to engage in concerted activities—specifically, to collectively refuse unsafe or unsuitable working conditions without prior notice or union representation. Strom emphasized that this right, like a worker's Miranda Rights, should be as widely recognized; yet, it remains largely unfamiliar to most workers.
Next, Strom explored the practical implications of the Supreme Court’s decision and similar labor law protections. This ruling, along with several other rulings, permits workers to strike over any issue related to their employment conditions, such as safety, wages or unfair dismissals, he said. Strom debunked common misconceptions that strikes require union affiliation, advanced notice or narrowly defined grievances. Non-union employees, he stressed, can also take collective action informally, and such activity is protected so long as it is clearly linked to workplace conditions. Understanding these rights reveals the power available to all workers, not just those in organized labor.
Finally, Strom lamented that knowledge of such rights is often lacking in the American workplace and education. He called attention to the fact that the National Labor Relations Act safeguards the interests of all employees. Still, labor history and workers’ rights are absent from most classrooms and national conversations. This knowledge gap can lead to confusion and exploitation, particularly as anti-union attitudes persist and institutions such as the NLRB face challenges. Strom said there needs to be a larger push for educating labor law basics, stating that a more informed workforce would be better equipped to organize, advocate for change and resist unlawful actions by employers.
For more from Strom, listen to the full episode of the America’s Work Force Union Podcast above.