Andrew Strom, a labor lawyer based in New York City and Adjunct Professor at the Brooklyn Law School, joined the America's Work Force Union Podcast to discuss the potential unconstitutionality of the National Labor Relations Board (NLRB), the need for a new labor court system and the forgotten struggle of Amazon workers.
Strom began by discussing the recent Fifth Circuit Court of Appeals ruling that threatens the NLRB's 90-year existence. He explained that the court's decision, which deems the NLRB's structure unconstitutional, stems from a conservative interpretation of the separation of powers. This ruling, if upheld, could render the NLRB non-functional and unable to protect workers' rights effectively. Strom proposed a radical solution - creating a specialized labor court system. This new structure involves appointing life-term judges with expertise in labor law, solving issues of judicial deference, remedies and the current convoluted process for obtaining injunctions in labor disputes.
Strom then addressed the current flaws in labor law enforcement, particularly in cases like the Amazon JFK8 warehouse unionization. He pointed out that employers can delay bargaining for years without facing significant consequences, even after workers win elections. This prolonged process, often lasting three to five years, effectively undermines the promises of the National Labor Relations Act to protect workers' rights to organize and bargain. Strom argued that this system mocks labor law and said there needs to be reforms that would provide timely remedies for workers facing employer obstruction.
Strom concluded by emphasizing the need for the labor movement to maintain focus on key struggles like the Amazon workers' fight. He argued that the movement must learn to effectively use these stories to drive public awareness and push for meaningful labor law reform. Strom stressed that without sustained attention and advocacy, even significant organizing victories can fade from public consciousness, undermining the broader push for workers' rights and more equitable labor laws.
Listen to the full episode for Strom's analysis of labor law challenges and his thoughts on reform.