After the Wagner Act was passed in 1935 trade unions had tremendous freedom in organizing, striking and encouraging act of solidarity. A key tactic was the boycott, where union members asked the public not to buy products made by replacement “scab” labor during strikes, or when a union picket line would confront workers from suppliers and insist they not deliver supplies across a picket line. Sometimes a union would picket the supplier itself or call on the public to boycott the products of the supplier.
In 1947 Congress took up the Taft-Hartley Act. One part of it banned unions from calling for “secondary boycotts” from picketing companies supplying a company that was using scab workers or otherwise causing a worker. Trade unions called the bill the “slave labor” law. They spent a million dollars (roughly $11,000,000 in today’s money) in ads to try to defeat it. It didn’t work. President Truman did veto the bill, but Congress overrode the veto and it became the law.
For years getting rid of Taft-Hartley was a major goal of labor, but after a while trade union leadership just tried to get along with it. Over the decades there were many boycotts called like the grape boycott, Hormel, Farah pants, the boycott of Trump Taj Mahal in Atlantic City, etc. Some helped to win strikes. Other solidarity actions were limited and weak because of Taft-Hartley.
Now a new bill going through Congress is a further threat to boycott rights. On the face of it, the bill doesn’t have anything to do with unions. It would ban people for calling for support of the U.N. or the European Union or any international governmental organization boycott of Israel. The penalties are incredible. The American Civil Liberties Union, which opposes the bill, says there is a possible penalty of a $250,000 civil fine, a criminal fine up to a million dollars and jail time of up to 20 years in prison!
Why should Congress have any power to limit our free speech right to call for a boycott, whether it’s a cruel government of a foreign country or a rotten company in the U.S. mistreating workers? This limit on boycott rights is outrageous and the penalties are grotesque. You could rob a bank and get less punishment.
Now while you won’t find the words “union” or “labor” in the bill there is a possible direct connection. The International Labour Organization is a U.N. and hence governmental organization. If it called for a boycott of Israel (and many unions around the world have done so), calling for support of the ILO boycott could get you in jail.
Even if there’s no immediate connection with labor, there’s the matter of “precedent,” an event or action that can be used as an example for further action. The right wing assault on unions is picking up. At the start of the year a major anti-worker rights law passed in Kentucky. It is all too believable that if this anti-boycott law concerning Israel passes, one day it will be used as a precedent for a law to ban calling for a boycott of some dear little billionaire whose workers have the gall to walk out for decent pay and working conditions.
There is one trade union that should be sympathetic because it’s already boycotting Israel. The union is the United Electrical, Radio and Machine Workers. One of its activists spoke at a rally for Palestine in Hartford on July 25. Here’s their contact page: https://www.ueunion.org/ueform.html. Best email might be firstname.lastname@example.org. They’re having a convention in Pittsburgh in August. Maybe they can put forward a resolution against the bill in Congress at their convention.
Of course, if you’re a union member you can make your local union aware of the issue and call on it to bring it up with the folks who do legislation in DC.
(Full disclosure. I’ve been a member of three trade unions, Retail Clerks, Machinists and the American Federation of Teachers, the last one continuously since 1969)
Comments Off on Will Labor Stand for More Limits to Boycott Rights? | Stanley Heller
This month, Nevada became the 20th state to adopt legislation against the boycott, divestment and sanctions (BDS) movement, after an Israel advocacy organization allegedly made threatening remarks to lawmakers if they opposed the bill.
Meanwhile, The Electronic Intifada has obtained a memo from a Nevada lawmaker to fellow Jewish lawmakers across the United States giving advice on how to fight back against the movement for Palestinian rights – including the Jewish activists who support it.
According to the Las Vegas Chapter of Jewish Voice for Peace, state assembly member Edgar Flores said he was threatened by the Israeli-American Coalition for Action, which told him that his political career would be ended if he did not support the anti-BDS bill.
Though no other legislators have revealed they were threatened, Seth Morrison, of Jewish Voice for Peace in Las Vegas, suspects Flores was not alone.
Morrison points out that assembly member Skip Daly voted against the bill during a committee meeting, but joined Flores in abstaining for the final vote.
Jewish Voice for Peace in Las Vegas believes that Dillon Hosier, the Israeli-American Coalition for Action lobbyist, secretly recorded private meetings with at least two assembly members.
Morrison outlined these allegations of dirty tactics and intimidation in a letter to the governor, urging him to veto the legislation. But on 2 June, Governor Brian Sandoval signed the bill into law.
The law prohibits the state from contracting with or investing in companies that boycott Israel. Nevada will now prepare a blacklist of companies that are said to boycott Israel.
Other states that have passed similar laws have included companies on their blacklists that withdrew from Israel for their own economic interests, such as G4S.
The world’s largest security firm, G4S announced it was dumping almost all of its business in Israel following a sustained campaign against its involvement in human rights abuses against Palestinians.
The Nevada bill was opposed by Jewish Voice for Peace, the American Civil Liberties Union of Nevada and the Culinary Union, which all argued the bill infringes on constitutional rights to speech and association.
The Culinary Union is one of the largest in Nevada and represents workers in the Las Vegas hotel and casino industry. It also describes itself as the state’s largest immigrant organization.
The union argued that boycotts are a fundamental tool for organizing for justice.
Despite this broad opposition, the state assembly passed the bill 39-0 with 3 abstentions, and the senate voted 19-2 in favor.
The two dissenting senators were Yvanna Cancela and Tick Segerblom, both of whom have records of advocating for civil liberties.
“They are both very progressive and very brave,” JVP’s Morrison told The Electronic Intifada.
Less than two weeks after the bill became law, Nevada assembly member Ellen Spiegel sent an internal memo to the National Association of Jewish Legislators listing key lessons to the bill’s success. (The memo is attached below.)
The National Association of Jewish Legislators, of which Spiegel is an officer, has placed combatting BDS on the top of its agenda.
Spiegel writes that even though the bill passed by such wide margins, “it required a lot of work.”
The Israeli-American Coalition for Action has already spent $50,000 in 2017 to lobby for anti-BDS legislation in Congress – five times as much as it spent last year. It is the lobbying arm of the Israeli-American Coalition, which is backed by wealthy anti-Palestinian donors Adam Milstein and Las Vegas casino magnate Sheldon Adelson.
Spiegel says these groups can “provide back up support throughout the process.”
She claims that the legislation passed in states across the country is “seeking to protect Israel from harm,” and urges advocates to “talk about Israel as a ‘safe haven’ for Jews” and as an “important trading partner.”
But she also encourages lawmakers to advance arguments that Israel should be entitled to keep “contested” land – the occupied West Bank – because it “won” it during the 1967 war.
Significantly, the memo indicates Spiegel’s discomfort with the fact that not all Jewish Americans support the anti-BDS agenda.
She recommends trying to discredit groups like Jewish Voice for Peace, urging lawmakers to “do some research on the people presenting the opposing testimony.”
“If they are members of an organization with a Jewish-sounding name, try to determine whether it really is a Jewish group,” she writes.
Spiegel also suggests that anti-BDS legislation should appear to represent a “bipartisan” consensus and that proponents should “invite the participation of the state’s Jewish and non-Jewish communities.”
Spiegel advises Israel advocates to prepare to answer why all Jews do not support anti-BDS legislation. She suggests invoking the words of Palestinian Authority leader Mahmoud Abbas, who several years ago expressed opposition to a total boycott of Israel.
But she fails to mention that in the same statement – which was widely criticized by Palestinians – Abbas nonetheless expressed support for boycotting products from Israeli settlements in the occupied West Bank.
According to Spiegel, opponents of the anti-BDS bill “spoke with legislators about the importance of using boycotts as free speech and were privately telling African Americans and Latinos that they wouldn’t have equal rights if not for use of boycotts.”
Boycotts did indeed play a major role in the civil rights movement – leading to the landmark 1982 US Supreme Court decision ruling that boycotts intended to bring about social, political and economic change are constitutionally protected free speech.
Seth Morrison says that while he is disappointed the bill passed, he is also energized. He helped found the Las Vegas chapter of Jewish Voice for Peace last year, and says this was the first time that people mobilized to oppose a pro-Israel bill in Nevada.
“We’ve shown legislators that they can’t do things like this without being called out for it.”
Comments Off on Investigate groups with “Jewish-sounding” names, says Nevada lawmaker (Electronic Intifada)
Posted onMay 29, 2017|Comments Off on UCU Congress rejects “confusing” definition of antisemitism (Free Speech on Israel and BRICUP)
UCU Congress rejects “confusing” definition of antisemitism
Press Release from Free Speech on Israel and BRICUP (British Committee for the Universities of Palestine)
for immediate release – 29th May 2017
UCU Congress rejects “confusing” definition of antisemitism
Support for Palestinian professor denied entry to Israel
Free Speech on Israel, a Jewish-led organisation which defends the right to criticise Israel, and the British Committee for the Universities of Palestine, which campaigns for academic and cultural boycott of Israel, today welcomed the vote by the University and College Union (UCU) to reject the International Holocaust Remembrance Alliance (IHRA) definition of antisemitism.
Motion 57, submitted by UCU branches at the University of Leeds, Goldsmiths, and the University of Brighton, along with two strengthening amendments from Queen’s University Belfast and London Retired Members Branch, was carried overwhelmingly in the closing minutes of UCU’s annual Congress in Brighton. Only one delegate spoke against the motion.
UCU had previously, in 2011, rejected the “Working Definition of Antisemitism” of the EU Monitoring Centre on Racism and Xenophobia (EUMC). The IHRA definition strongly resembles the EUMC version. Today’s vote strengthens UCU’s existing policy.
Both these definitions are considered highly problematic because they seek to conflate criticism of Israel with genuine anti-Jewish racism: examples cited in them make explicit reference to Israel. The UK Government has adopted the IHRA definition, and in February this year Universities Minister Jo Johnson wrote to Universities UK insisting that university activities must respect the definition. In particular, he alleged that “anti-Semitic incidents … might take place under the banner of ‘Israel (sic) Apartheid’ events.” Some universities have banned or curtailed campus events during Israeli Apartheid week or subsequently, and campaigners for Palestinian human rights consider that the definition is being used to censor legitimate political activity and debate which criticises the Israeli occupation and human rights abuses.
In moving the motion, Mark Abel of Brighton UCU noted that an event organised by Friends of Palestine had been cancelled by the University of Central Lancashire, who cited the IHRA definition as making the event ‘unlawful’.
Reacting to this wave of censorship the new, Jewish-led organisation Free Speech on Israel, along with Palestine Solidarity Campaign (PSC), Independent Jewish Voices, and Jews for Justice for Palestinians, obtained a legal Opinion from the eminent human rights lawyer Hugh Tomlinson QC.
The Opinion is devastating: it characterises the IHRA definition as confusing, not legally binding, and putting public bodies that use it at risk of “unlawfully restricting legitimate expressions of political opinion”. A public body that bans a meeting under the IHRA definition without any evidence of genuine antisemitism could be breaching the European Convention on Human Rights which guarantees freedom of expression (Article 10), and freedom of assembly (Article 11).
In concluding his speech, Mark Abel said: “This is a dangerous conflation of anti-Zionism and anti-semitism. … It is a definition intended to silence those who wish to puncture the Israeli state’s propaganda that it is a normal liberal democratic state.”
Mike Cushman, a UCU member and co-founder of FSOI, said: “Free speech on Israel welcomes UCU’s recognition that fighting antisemitism is a separate struggle from defending the rights of Palestinians, and that both these struggles are important. Putting these in opposition to each other assists both antisemites and war criminals.”
Les Levidow, a UCU member speaking for BRICUP, said: “Congratulations to UCU for defending free speech on Israel/Palestine by rejecting the government-IHRA agenda to weaponise antisemitism, conflated with anti-Zionism.”
UCU Congress also passed a motion in support of Professor Kamel Hawwash, a UCU member at the University of Birmingham, who was prevented from entering Israel on 7th April on a trip with his wife and young son to visit relatives in occupied East Jerusalem. It seems likely that Prof. Hawwash was banned under the new Israeli boycott law, which prevents activists accused of supporting BDS (Boycott, Divestment and Sanctions) from entering Israel. Prof. Hawwash was until recently the vice-chair of PSC. The General Secretary of UCU will now be writing to the Israeli Embassy and the FCO to urge that the ban on Prof. Hawwash and all non-violent human rights campaigners be lifted.
Motion 57 As amended and agreed
Composite: International Holocaust Remembrance Alliance (IHRA) definition of anti-semitism
UCU’s exemplary anti-racist work, eg. Holocaust Memorial Day materials
policy (2011) dissociating UCU from the ‘EUMC working definition’ of anti-semitism
the close similarity between the IHRA and EUMC definitions, including their conflation of antisemitism with criticism of Israel
that this definition conflates anti-semitism with criticism of the state of Israel and has been used to intimidate academics who are engaged in activities that are critical of the policies of the Israeli government but that are not anti-semitic
government-inspired attempts to ban Palestine solidarity events, naming Israeli Apartheid Week
The legal opinion from Hugh Tomlinson QC, obtained by PSC and other groups, characterising the IHRA definition as confusing, not legally binding, and putting public bodies that use it at risk of ‘unlawfully restricting legitimate expressions of political opinion’.
UCU’s condemnation of all forms of racial or religious hatred or discrimination
UCU’s commitment to free speech and academic freedom
the importance of open campus debate on Israel/Palestine.
Congress resolves that UCU dissociates itself from the IHRA definition and will make no use of it (eg. in educating members or dealing with internal complaints).
NEC to contact all members in a dedicated communication urging report to NEC of all repressive uses of the IHRA definition
conduct research about the implications of the use of the IHRA definition
general secretary to write to VCs/principals urging staff protection from malicious accusations, and freedom of political criticism
president to issue, and circulate to members, a detailed press statement on UCU’s criticism of the IHRA definition
lobby government to seek a review of its endorsement of the IHRA definition and to replace it with one that will both protect free speech and combat anti-semitism.
Recalling the experience of Fraser vs UCU, we call upon the NEC to take a position against any university management that reacts to spurious accusations of anti-semitism by banning speakers who are opposed to the policies of the state of Israel but who have not in any way expressed racism against Jewish people.
Comments Off on UCU Congress rejects “confusing” definition of antisemitism (Free Speech on Israel and BRICUP)
The trade union leadership in the US has generally been reluctant to defend Palestinian rights. Sometimes, it has been openly hostile to the Palestine solidarity movement.
Soon after Richard Trumka was elected president of the AFL-CIO in 2009, he denounced the call for boycott, divestment and sanctions (BDS) against Israel.
That call has been endorsed by organizations representing Palestinian workers with direct experience of occupation and apartheid. That does not seem to have convinced the AFL-CIO – the largest federation of trade unions in the US – that it should side with Palestinian workers.
The AFL-CIO has a long history of supporting the Histradut, an Israeli union that played a prominent role in the Zionist colonization of Palestine and the dispossession of Palestinians.
Moreover, the AFL-CIO has been a major buyer of Israel bonds: by some estimates, such investments are worth $5 billion.
A decision taken by the San Francisco chapter of the AFL-CIO earlier this month is among a series of small breakthroughs for Palestine solidarity in the US labor movement.
The San Francisco Labor Council, as the chapter is known, has taken a strong position against bullying by pro-Israel and Islamophobic groups.
Earlier this month, the council approved a resolution that declares full support for students and teachers at San Francisco State University (SFSU) who have suffered abuse over their campaigning on Palestine.
The resolution focuses on an incident from last year, when posters appeared on the university’s campus, alleging one professor was a “collaborator with terrorists.” The professor in question was Rabab Abdulhadi.
In 2015, the United Electrical, Radio and Machine Workers of America – known as UE – voted to back BDS, becoming the second. That same year, the Connecticut branch of the AFL-CIO voted to back key elements of BDS.
“Defend free speech”
Veve regards US labor unions as key to the success of BDS activism.
“If labor gets involved and begins to act, it has the potential to withdraw its investments in Israeli bonds,” he said.
The San Francisco Labor Council called for “full action” to be taken against the Horowitz Freedom Center and Canary Mission.
Ann Robertson, a philosophy lecturer at SFSU and delegate to the council, explained that the term “full action” was intended to leave all options open, including litigation.
Robertson argued that the response from Les Wong, the SFSU chancellor, to the posters had been “too vague.”
Wong had blamed an “an outside extremist group” for the posters and pledged not to tolerate “bullying behavior.”
Yet his statement did not defend any of the teachers or students targeted by name.
“He needs to clear the names of those smeared,” Robertson said, “and specifically defend the free speech rights of Palestinian students because they are the ones under attack.”
Comments Off on Are US labor unions finally speaking out on Palestine? (Electronic Intifada)
Posted onNovember 9, 2016|Comments Off on Irish Trade Union Open Letter to German Union in Support of Teacher Christoph Glanz
TRADE UNION FRIENDS OF PALESTINE
Campaigning in solidarity with the Palestinian people
Secretary: Eamon McMahon
To our trade union colleagues,
We the undersigned, members of the Irish trade union movement, write to express our solidarity with teacher, GEW (Gewerkschaft Erziehung und Wissenschaft) member and activist Mr. Christoph Glanz. We are dismayed by GEW’s decision not to disseminate the “PaedOl” magazine due to it containing an article on Palestine/Israel by Mr. Glanz titled: “Documenting Injustice and Claiming Justice – Impossible in Oldenburg?”
It appears that this censorship came as a result of pressure from the Israeli lobby. We are concerned that giving in to such pressure supports the undermining of basic trade union rights, and that if not challenged it could reinforce the belief of outside bodies and vested interest groups that they can bring about the suppression of our democratic rights. This includes the right to express solidarity with oppressed workers in any state or in any region of the world.
We are further concerned by the public statements made by the GEW suggesting that it may have been “anti-Semitic” or “a mistake” to present information about Israel’s oppressive policies against Palestinians and the BDS movement, and hence it was necessary to block the dissemination of the magazine. Such misrepresentations prevent an informed debate presenting the realities under which the Palestinian people live from taking place.
Individuals, trade unions and civil society groups have the right under international law to organise, the right to protest and the right to free speech. It is a matter of profound concern when any progressive organisation bows to pressure from the lobby groups of those perpetrating the very human rights abuses that people of conscience like Mr. Glanz and many others are campaigning against. In the process, unintentionally or otherwise, this undermines the fundamental rights and principles of the trade union movement and international solidarity.
This incident is one in a long line of anti democratic attacks in Germany and across the world on individuals and groups who speak out for Palestine and more specifically on those who support the legitimate, non violent Boycott, Divestment and Sanctions (BDS) Campaign. The governments of Ireland, Sweden and the Netherlands, as well as Federica Mogherini the EU High Commissioner for Foreign Affairs, have already explicitly clarified that they consider advocacy for BDS to be part of the right of their citizens to freedom of expression.
We have learned that German unions, including the GEW, welcomed and actively promoted the boycott of apartheid in South Africa in the late 1970s and 1980s. It would seem an opportune moment therefore, acting in the spirit of international solidarity, for the leadership of the GEW in Oldenburg and elsewhere to lead an informed discussion with its members about the aims and merits of the BDS movement.
We ask the GEW to stand by the principles of the labour movement, in defence of freedom of speech and expression, and that it reconsiders the decision not to publish this article. We call upon it to publicly defend its own member, Mr. Glanz, against false allegations of anti-Semitism, This must be undertaken in the first instance to defend Mr Glanz, but also in order to prevent a very dangerous precedent being set and to protect the rights of all GEW members and others who wish to peacefully protest human rights abuses wherever those abuses occur.
We ask that the GEW, and also the school authorities (”Niedersächsische Landesschulbehörde”), their spokespersons, relevant politicians and other decision-makers take all steps necessary to defend these basic democratic rights.
Eamon McMahon, Secretary TUFP
Kevin Daly, Ass. Secretary and Teachers’ Representative, TUFP; INTO Northern Committee (PC); Secretary to Newry Trades Council (PC)
Peter Collins, Treasurer TUFP; Academics for Palestine; UCU (PC)
Paddy Mackel, President Belfast Trades Council
Roger Clifford, President Craigavon Trades Council
Susan Neil, UNISON (PC)
Tommy McGlone, INTO Senior Official (PC)
Paul Boyd, Secretary INTO Down Branch (PC)
Jim McLaughlin, INTO (PC)
Mark McTaggart, INTO Assistant Northern Secretary, (PC)
Annmarie Conway, INTO Northern Committee (PC)
Aine-Maire Ui-Neill, Secretary Belfast Branch INTO (PC)
Jim Magee, INTO Newry Branch, Honorary Member (PC)
Donna Daly, INTO (PC)
Seamus Hanna, Chair INTO Northern Committee (PC)
David Nolan, Vice Chair Newry Branch INTO (PC)
Caoimhin MacColaim, INTO Northern Committee (PC)
Gregor Kerr, Dublin North City branch INTO (PC)
Caoimhin MacColaim, INTO (PC)
Christine McDonnell, Unite (PC)
John Douglas, General Secretary MANDATE
John Kelly, INTO Northern Committee (PC)
Noreen Kelly, Secretary Newry Branch INTO (PC)
Fionnualla Hughes, INTO Newry Branch Committee (PC)
Declan McReynolds, Vice-Chair Armagh Branch INTO (PC)
John O’Brien, INTO (PC); ICTU Global Solidarity Committee (PC)
Paul Woods, Chair of Belfast West branch, INTO (PC)
We Stand With Palestinian Rights Activist Christoph Glanz Against Zionist Witch-Hunt
Jews for Palestinian Right of Return, October 13, 2016
On October 10, 2016, the Jerusalem Post published an article by anti-Palestinian propagandist Benjamin Weinthal under the screaming headline, “‘Antisemitic’ German teacher posed as a Jew to push anti-Israel agenda.”
The designated target is Christoph Glanz, German activist, teacher, lifelong anti-fascist, and self-described former liberal Zionist. His supposed crime is having been listed as both a Jewish and non-Jewish endorser of Jews for Palestinian Right of Return (JPRR) in 2013.
In this case, as a simple inquiry would have revealed, Glanz’ double identification on JPRR’s statement was an inadvertent error on our part (now corrected), listing him among more than 700 other endorsers.
In any case, just what is anti-Semitic about JPRR’s observation that, “[f]or more than a century, Zionists have sought to construct a ‘Jewish state’ through forced removal of the indigenous Palestinian people”?
Or that “the Zionist regime officially denies the Nakba, the ethical equivalent of Holocaust denial”?
Or that Palestinian refugees have the inalienable right to return?
Anti-Zionism is not anti-Semitic; it’s anti-racist, anti-apartheid, and anti-colonialist. And Weinthal’s bogus accusations reflect an increasingly desperate witch-hunt to stifle the surging worldwide support for the Boycott, Divestment and Sanctions (BDS) movement — many of whose supporters are Jewish.
UE endorsed the call for BDS at its August convention, making it the first national union in the United States to support the boycott. (Adrien Fauth/ Flickr)
The National Labor Relations Board (NLRB) has upheld a decision to dismiss a complaint against the United Electrical, Radio, and Machine Workers of America (UE) for endorsing a boycott of Israel.
The move is a victory for advocates of the boycott, divestment and sanctions (BDS) movement, which targets Israel over alleged human rights abuses against Palestinians. Earlier this year, the NLRB ruled against Shurat HaDin, the Israeli legal center that brought the complaint seeking an injunction against UE’s decision to endorse boycotting Israel. The latest decision was in response to an appeal filed by Shurat HaDin.
UE endorsed the call for BDS at its August convention, making it the first national union in the United States to support the boycott. The resolution denounced Israeli racism and wars in the Gaza Strip and supported an end of U.S. military aid to Israel.
Palestinian trade unions have appealed for solidarity from unions around the world, urging them to endorse the BDS movement, which calls for an end to the Israeli occupation, equal rights for Palestinian citizens of Israel and the right of return for Palestinian refugees. Labor unions in South Africa, the United Kingdom, Brazil, Uruguay, and Canada have endorsed BDS. And in addition to UE, a handful of labor union chapters in the United States has joined the call for a boycott of Israel. These unions have joined a growing movement, modeled on the fight against South African apartheid, to isolate Israel.
In October, two months after UE endorsed BDS, Shurat HaDin filed an unfair labor practice charge with the NLRB. The group alleged that the UE decision to endorse BDS violated U.S. labor law, claiming the union encouraged its members to engage in an illegal “secondary boycott.”
Under U.S. labor law, a union cannot encourage others who work at “neutral employers”—those outside of a direct dispute between a union and its employer—to strike or stop work. In a statement, Nitsana Darshan-Leitner, head of Shurat HaDin, said it was a “violation of American labor law for the union to encourage its members to cease doing business with Israelis and Israeli companies.”
But the NLRB disagreed. The labor board first dismissed the complaint in January. After Shurat HaDin appealed, the NLRB ruled in May that the union’s endorsement of BDS was not a “signal or request” to employees “to engage in a work stoppage against their employers,” which would be illegal.
(The union only recently commented on the NLRB’s decision because it was waiting for the results of a Freedom of Information Act request on the case. It still has not received a response.)
“As a result of the NLRB decision, it really allows for any other unions to go through and endorse the BDS movement without having to deal with … attacks from organizations that are trying to curb political speech,” Andrew Dinkelaker, general secretary-treasurer of UE, said this month.
Dinkelaker added that the pro-BDS decision was in line with the union’s history of international solidarity, like its support for an end to U.S. aid to apartheid South Africa.
Shurat HaDin did not respond to repeated requests for comment on this story.
BDS activists hope that the boycott Israel movement grows inside labor unions. So far, advocates for BDS have found the most success within graduate student unions.
In December 2014, United Auto Workers-2865, which represents thousands of teaching assistants and other student workers at the University of California, overwhelmingly endorsed BDS. In November 2015, the Connecticut chapter of the American Federation of Labor and Congress of Industrial Organizations called on the national union to boycott and divest from companies complicit in the Israeli occupation. And this year, graduate student unions at New York University, the University of Wisconsin-Madison and the University of Massachusetts endorsed the boycott. The union endorsements of the BDS movement came after actions like August 2014’s “Block the Boat,” in which dockworkers in Oakland, California, heeding the calls of Palestine solidarity activists, refused to unload Israeli goods for four days in protest of Israel’s assault on Gaza that summer.
But as boycott advocates establish a foothold within labor unions, opponents of BDS have gone on the attack against the movement. In addition to the Shurat HaDin charge against UE, a group of anti-BDS members of UAW-2865 appealed the chapter’s endorsement of the boycott. In December 2015, the parent UAW International nullified the chapter’s decision.
Liz Jackson, a staff attorney at Palestine Legal, a group that defends the right to advocate for Palestine in the United States, said that Shurat HaDin’s complaint against UE “never had legs to begin with” because it had no legal merit.
But Jackson said the legal complaint was just one part of a bigger strategy to combat the BDS movement.
“They clearly are bringing obviously frivolous lawsuits and legal complaints to scare supporters of BDS and drain resources,” Jackson added. “They use legal threats as part of the strategy to persuade people in the upper echelons of institutional power structures to crush [BDS].”
Alex Kane is a New York-based freelance journalist who writes on Israel/Palestine and civil liberties.
Comments Off on NLRB Upholds Union’s Right To Endorse BDS Against Israel (In These Times)
The National Labor Relations Board has reaffirmed its dismissal of charges against the United Electrical workers union because of its support for the Palestinian-led boycott, divestment and sanctions movement.
The NLRB is the US federal agency that enforces the country’s trade union legislation.
In October, Shurat HaDin, a lawfare group with ties to Israel’s Mossad spying and assasination agency, filed a complaint against the union, claiming that its support for BDS amounted to a violation of the law against secondary boycotts.
In January, the labor board dismissed the complaint, stating it had investigated and found “there is insufficient evidence to establish a violation” of the law.
Shurat HaDin appealed the dismissal, but on 26 May the labor board’s general counsel issued a letter that the union says reaffirms the earlier decision to throw the case out.
Victory for BDS
UE national president Peter Knowlton welcomed the decision in a press release on Friday.
Knowlton said that UE had in the past “withstood attempts by the US government to silence us during the McCarthy era in the 1950s,” and was “unbowed by the latest attempt of a surrogate of the Israeli government to stifle our call for justice for Palestinian and Israeli workers.”
“The NLRB’s decision is a victory for the growing BDS movement across the US, which faces increasing political attempts to silence and intimidate critics of the Israeli government,” he added.
“As Americans who have a constitutional right to criticize our own government, we certainly have a right to criticize and, if we choose, boycott a foreign government that is heavily subsidized by US taxpayers,” Knowlton said.
The NLRB decision will encourage rank and file members in other unions who are battling bosses for the right to express and organize support for Palestinian rights.
The UE resolution that Shurat HaDin tried and failed to overturn calls on the US to end all military aid to Israel and for pressure on Israel “to end the occupation of the West Bank and East Jerusalem and the siege of Gaza and negotiate a peace agreement on the basis of equality, democracy and human rights for the Palestinian and Israeli people, including Palestinian self-determination and the right of return for refugees.”
Unable to stem the growing grassroots support for Palestinian rights, and particularly the BDS movement, Israel and its surrogates have increasingly turned to repressive legislation and litigation.
Last month, Brooke Goldstein explained that the purpose of such lawsuits was to “make the enemy pay” – that “enemy” being comprised of practically anyone who organizes for Palestinian rights.
Goldstein, director of the Lawfare Project, a pro-Israel group founded with the support of the Conference of Presidents of Major American Jewish Organizations, has also asserted that “there’s no such thing as a Palestinian person.”
John K. Wilson, an editor of Academe Blog, a publication of the American Association of University Professors, described the lawsuit as “frivolous litigation designed for the sole purpose of getting the government to suppress the freedom of speech of a private organization.”
But just this month, a one-person outfit called the Zionist Advocacy Center filed yet another frivolous lawsuit on behalf of plaintiffs who are not even members of the American Studies Association.
Radhika Sainath, an attorney for the legal advocacy group Palestine Legal, told Inside Higher Ed that the complaint is “a meritless lawsuit based on a hypothetical injury that will be thrown out of court in a heartbeat.”
Comments Off on US labor board affirms union’s right to boycott Israel (Electronic Intifada)
NLRB Confirms Legality of Union Support for Boycott of Israel; Union Condemns Political Attacks on BDS
July 22, 2016 – For Immediate Release Media contacts: Peter Knowlton, UE General President, 774-264-0110
Al Hart, UE News Managing Editor, email@example.com, 419-450-6994
The National Labor Relations Board (NLRB) has reaffirmed its dismissal an unfair labor practice charge brought by an Israeli law firm against a U.S. union, the United Electrical Workers, over its support of protests against Israeli policies including the union’s endorsement of the Boycott, Divestment and Sanctions movement (BDS) movement.
At its national convention in Baltimore August 16-20, 2015, the United Electrical Radio and Machine Workers of America (UE) adopted a resolution endorsing the BDS movement to pressure Israel to negotiate peace with the Palestinians and end the occupation. UE is the first national U.S. union to endorse BDS. The full resolution is attached.
On October 23, the Israeli law firm Shurat Hadin filed a charge with the NLRB alleging that UE’s resolution violated the prohibition in U.S. labor law against “secondary boycotts.” The union disputed the charge, arguing that Shurat Hadin’s action was an attempt to interfere with the First Amendment rights of the union and its members to express opinions on political and international issues, and also that the Israeli firm’s allegation were factually untrue. On January 12, Region 6 of the NLRB dismissed the charge. Shurat HaDin then appealed to the Office of the General Counsel of the NLRB, and on May 26 that office denied the appeal.
UE National President Peter Knowlton says the union “welcomes the labor board’s decision” to reject, for a second time, Shurat Hadin’s charge. He said that UE in the past had “withstood attempts by the U.S. government to silence us during the McCarthy era in the 1950s,” and was “unbowed by the latest attempt of a surrogate of the Israeli government to stifle our call for justice for Palestinian and Israeli workers.” Knowlton added, “The NLRB’s decision is a victory for the growing BDS movement across the U.S., which faces increasing political attempts to silence and intimidate critics of the Israeli government. As Americans who have a constitutional right to criticize our own government, we certainly have a right to criticize and, if we choose, boycott a foreign government that is heavily subsidized by U.S. taxpayers.”
UE General President Peter Knowlton commented: “Since the 1980s, the delegates to our national conventions have voted to support equal rights and even-handed treatment of Palestinian and Israeli people as the only path to peace. At the 2015 convention UE delegates voted to support BDS because of the atrocities committed by the Israeli government in Gaza in 2014, and the increasing discrimination and repression of Palestinian people and workers by the Israeli government and military. Our U.S. tax dollars, in excess of $3 billion a year, are funding this system of apartheid, and we must do more to change it.”
UE is very concerned about attacks on the BDS movement by U.S. politicians who advocate or have adopted resolutions, executive orders, and statutes targeting the BDS movement, said Knowlton. He pointed out that the 2016 party platforms of both the Democrats and Republicans condemn BDS. “These are unconstitutional attacks on free speech,” said the union president. “Boycotts have been an essential component of non-violent struggles for workers’ rights and other struggles for justice throughout our history. The Montgomery Bus Boycott launched the modern Civil Rights Movement. The worldwide campaign of boycott, divestment and sanctions against South Africa in the 1980s helped end the apartheid system in that country.”
“UE opposes any legislation and legislative resolutions that outlaw or condemn legitimate criticism of Israel and support for BDS, or attempt to sanction individuals, organizations, companies or governments simply because they have legitimately criticized Israel or supported BDS. We will support legal and political challenges to overturn such attacks on fundamental civil liberties.”
UE is an independent, member-run union, with headquarters in Pittsburgh, representing 30,000 workers across the country in the private and public sectors. At its five-day convention last August member delegates acted on 37 resolutions on collective bargaining, organizing, and political issues.
Shurat Hadin is an Israeli organization that uses legal cases to harass supporters of Palestinian rights and critics of Israel, a strategy known as lawfare. Its most infamous case was a 2011 lawsuit against former President Jimmy Carter for writing a book critical of Israel, Palestine: Peace Not Apartheid. The suit against Carter failed, as did a suit aimed at censoring Al Jazeera’s reporting. Its attacks on UE began Sept. 2, 2015 when Shurat Hadin wrote a letter to the CEO of the General Electric Company, UE’s largest employer, “warning” GE to “rescind its recently concluded labor agreement” with UE because Shurat Hadin didn’t like the union’s resolution on Israel and Palestine. On July 11, 2016, Shurat HaDin sued Facebook for $1 billion, charging the social media company with insufficiently censoring Palestinians.
The global BDS movement arose from a 2005 call by Palestinian trade unions and human rights groups. UE’s resolution also calls for a cutoff of U.S. aid to Israel and for U.S. support for a peace settlement on the basis of self-determination for Palestinians and the right to return. With its resolution UE joined the South African labor union confederation COSATU, Unite the Union in Britain and many other labor unions around the world in supporting BDS as a step toward justice and peace in Palestine and Israel.
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On June 20, five days after the Professional Staff Congress (PSC) teachers and staff union reached a tentative contract agreement with the City University of New York administration, the Board of Trustees (BoT) convened a public hearing on a proposed policy for “Freedom of Expression and Expressive Conduct.” This Orwellian measure could criminalize any unsanctioned meetings, speak-outs, and marches on CUNY campuses, and by the CUNY lawyer’s own admission, was tailored to counter recent Black Lives Matter and Palestine solidarity actions. At the packed hearing, three dozen students, faculty, staff, and alumni railed against the BoT, demanding that the proposed policy be scrapped.
Even though the new contract was brokered only after the PSC threatened to strike, and establishes concrete gains for various constituencies, it’s by no means a radical agreement. Some members have already vowed to pursue a no-vote. The 10.41% salary increase (compounded for 2010-2017) doesn’t surpass inflation, the three-year adjunct appointment system (instead of reappointments each semester) won’t apply to most adjuncts who teach the majority of CUNY classes, and management will be able to hire a new coterie of star faculty with exorbitant salaries (call it the Paul Krugmanization of CUNY), thus wrenching the two-tier wage disparity gap even wider.
It’s no coincidence that the CUNY administration delayed negotiations so that the PSC membership vote to ratify the contract and the BoT June 27 vote to curtail free speech would both occur when most of the CUNY community is dispersed for the summer. However, because the PSC has fought for a contract along narrow demands, in the face of increasing political crises at CUNY – over labor austerity, free speech, U.S. militarism, and Palestine solidarity – the union leadership is now scrambling to mount a broad, multi-sectional opposition to a policy that would inhibit the right to amass a picket line.
This tenuous situation demands that we rethink the strategies that guide labor organizing on college campuses. In preparation since 9/11, the CUNY administration and New York government have now fully entwined the languages of anti-racism, law and order, and fiscal responsibility to enforce a shock doctrine of structural underfunding and repression. But if a defense of free speech and anti-imperialism is fused with the struggles of organized labor, a new opening for a broad and combined struggle can emerge. If CUNY’s movements are to reverse this assault, they’ll have to force the union to move past the economism of their contract campaign and embrace struggles that speak to the lives of their members, New York, and the wider world.
City University in the World
CUNY is the largest public urban university in the United States. It employs fifty thousand teachers and campus staff in several unions, and relies on unwaged intellectual work by over half a million students, mostly working poor immigrant youth from around the world. Both the wealthy elite and social movements have long recognized CUNY’s institutional role as a social bellwether. At various points in the twentieth and twenty-first centuries, the university has become a primary site of economic, social, and ideological restructuring – as well as resistance – in which struggles over CUNY became epicenters for national, and even global, conflicts.
We see this dynamic, for example, in the early 1940s, when the Rapp-Coudert Committee held closed-door disciplinary hearings to fire more than fifty CUNY educators (predominantly Jewish) in the College Teachers Union who were suspected of being Communists, a few years after several dozen CUNY students and teachers had returned from fighting fascism in the Spanish Civil War. Rapp-Coudert laid the groundwork for Senator Joseph McCarthy’s House Un-American Activities Committee (HUAC) to wreak havoc over a generation of radical lives.
CUNY again became a fulcrum upon which the U.S. state and capital, reeling from the 1975 defeat in Vietnam and the resulting economic crisis, extorted concessions from the working class via the reduction of social programs like free college education. After Black, Puerto Rican, and Asian students-led campus strikes in the late sixties and early seventies transformed CUNY with ethnic and gender studies and Open Admissions, President Gerald Ford insisted that New York City impose tuition at CUNY and lay off contingent faculty en masse in order to escape from a manufactured fiscal crisis whichFord’s cabinet reframed as irresponsible self-indulgence: like “a wayward daughter hooked on heroin… You don’t give her $100 a day to support her habit. You make her go cold turkey to break her habit.”
Campus War Zone
More recently, the post-9/11 relationship between CUNY and U.S. imperialism has developed to the point that the university is now a prominent target for both military recruitment and counterinsurgency. Since the mid-2000s, as the United States became mired in the occupations of Iraq and Afghanistan, recruiters’ presence intensified at CUNY colleges, especially after the 2008 economic crisis. In November 2011, days after the Occupy Wall Street eviction, the CUNY administration imposed a five-year annual tuition increase by approving a police assault on peaceful protestors, and then evacuating an entire campus building to hold the vote. During this same year, CUNY reviewed a policy paper calling for the Reserve Officers Training Corps (ROTC) to be re-embedded at CUNY in order to diversify its officers.
Then in fall 2013, former military general David Petraeus began teaching a CUNY class called “The Coming North American Decades,” and ROTC set up shop in three other CUNY campuses with little to no regard for campus governance procedures. Although Medgar Evers College successfully removed ROTC, it remains at City College and York College. Meanwhile, student activists were surveilled, arrested, and suspended as campus organizing spaces were seized. As journalist Peter Rugh put it, “America’s most diverse university was turned into a war zone.”
During this post-9/11 period I’ve briefly sketched out, the political situation at CUNY also dramatically shifted in terms of solidarity with Palestine and opposition to the surveillance of Muslim students, two issues which began to coalesce on CUNY campuses as the movement against the wars in Iraq and Afghanistan waned.
In 2005, Palestinian civil society issued a global call for boycott, divestment, and sanctions (BDS) against Israel until it complied with international law and universal principles of human rights. Critiques across CUNY and New York City of the Israeli military’s unchecked aggression on Gaza heightened during Israel’s winter 2008, November 2012, and summer 2014 carpet bombing campaigns. All funded by $8.5 million U.S. government dollars a day, these three conflicts altogether killed 3,900 Palestinians and 90 Israelis, left many more wounded, and demolished social infrastructure (such as hospitals, schools, electricity and water supplies) along similarly asymmetrical figures in an effort at total destruction of daily life in Gaza.
This carnage could have potentially felt distant, were it not for Zionist organizations, college administrators, and government officials’ more local attempts of repression on CUNY campuses. If student revolts once aspired to “bring the war home,” more recently this pro-Israel coalition has done so differently in its attempts to fire and suppress CUNY faculty and studentswho dared to critically teach, learn, write, and organize for Palestine. Instead of being silenced, Palestinians and their anti-imperialist accomplices at CUNY (in groups such as Students for Justice in Palestine and CUNY for Palestine) – many of them women, LGBTQ, and gender-nonconforming folk – began to more insistently share stories of what people in Gaza and the West Bank endured under the U.S.-backed Israeli military.
CUNY faculty and graduate students also helped lead a wave of several national academic associations and unions passing BDS resolutions against the Israeli government and academic institutions. The CUNY Graduate Center’s own student government passed an academic boycott in April 2016 after a two-year campaign. These boycott resolutions were implicit strikes against occupation, understood as clearly drawn picket lines for academic labor.
Surveillance and Selective Anti-racism
Links between wars against Arabs and Muslims abroad and at home also deepened when, in the fall of 2011, journalists exposed that the NYPD had conducted surveillance of Muslim student groups at eight CUNY schools from 2003 to 2006. Another NYPD spying operation would begin in March 2011 at Brooklyn College. An informant embedded herself in Muslim friendships circles, in Students for Justice in Palestine (SJP), and in a “Unity Coalition,” which organized SJP, the Black Student Union, Puerto Rican Alliance, Dominican Student Movement, and other left student groups. This resulted in fall 2015 revelations of the entrapment of two young women in a fabricated ISIS terrorist plot.
CUNY professor Jeanne Theoharis warned in the Intercept,
[T]hese tactics are not renegade actions. They are consistent with the NYPD’s and the FBI’s approach to Muslim communities after 9/11. They reveal how an “investigation” becomes a perch from which to spy on a community for years, how politically active and religiously conservative students become targets, and how efforts to form coalitions between students of color become suspect.
I draw this chronology to situate why, in the last year, CUNY has suddenly become an epicenter of struggle around educational austerity, “expressive conduct”-policing, and BDS. This history helps to explain why in fall 2015, as the PSC organized civil disobedience and rallies, and mobilized for a strike vote, Cuomo and NY legislators suddenly proposed a half-billion dollar state funding cut to CUNY’s budget, harkening back to our 1975 emergency status.
Based on a letter by the Zionist Organization of America that cited a skewed series of “anti-Semitic” events at CUNY (defined only with regard to Jewish students, not to Arab students who are also Semitic), the NY Senate announced in March 2016 that they would “deny additional funding for CUNY senior schools until it is satisfied that the administration has developed a plan to guarantee the safety of students of all faiths.” Even though state funding was ultimately restored to CUNY, the irony, of course, was that this massive gash in the budget would have also hurt Jewish students, faculty, and staff.
Nevertheless, a self-described CUNY task force on anti-Semitism called pro-BDS Professor Sarah Schulman and SJP student leaders into closed-door disciplinary meetings reminiscent of the Rapp-Coudert Committee and the rise of McCarthyism to underscore a “Palestine Exception to Free Speech.” In the last few weeks, Governor Andrew Cuomo introduced a bill to specifically attack individuals, student groups, and institutions that advocate BDS. The CUNY Board of Trustees also seized the momentum to introduce the policy on “Freedom of Expression and Expressive Conduct.”
Intersecting Picket Lines
The government and administration have fused these crises into a new political economy at CUNY – we can use this shift to meaningfully connect our struggles, not keep them isolated in retreat. The PSC repeatedly vocalizes its defense of CUNY’s mission to provide quality education to working-class people of all colors and backgrounds. However, the union has maintained a limited contract focus that is already hampered by enduring adjunct inequalities, while not taking a public stand on these anti-BDS bills, McCarthyist hearings, student surveillance, and the policy on “Freedom of Expression and Expressive Conduct.” In so doing, the union has one arm tied behind its back, right when it could further expand upon a recent landslide 92% strike authorization and subsequent contract offer.
This moment is haunted by the old racist song repurposed by Paul Gilroy to examine race and class under neoliberalism, that “There Ain’t no Black in the Union, Jack.” In other words, labor movements are always at risk of eliding concurrent struggles that affect its most marginalized workers and support bases. These issues are not being officially recognized by the PSC as part of our picket line, even if they have become a central means by which many of us organize as laborers, and have pivoted the directions of our university’s institutional life.
More widely, a class re-composition is taking place to gather various kinds of workers – athletes, artists, dockworkers, educators, healthcare workers, journalists, retail workers, scientists, students, and beyond – under the “one big union” of BDS to coordinating rank-and-file cross-industry actions that link apartheid and imperialism abroad with austerity and policing at home. Because CUNY students and workers have had to vigorously defend our right to speak on Palestine and on the surveillance of Muslims, we’ve radicalized the contours of a new free speech movement that is concerned with different “trigger warnings” of Israeli apartheid and Homeland Security on our campuses.
Like our unions (and universities), BDS is a means, not an end. Moreover, the protection of free speech is not to be decorously enshrined by any top-down policy, but directionally honed and pushed beyond what the bosses and lawmakers deem permissible. Only through these intersecting picket lines can we address all the aspects of a contract campaign within a larger struggle to transform CUNY. In the words of Tidal Magazine, an anti-colonial movement journal,
Boycott is a necessary yet limited tactic. Each “win” is but a small part of a coordinated exertion and intensification of pressure. The value of Boycott lies as much in the economic damage it could do to the target as it does in the conversations, bonds, and spaces that are formed in the process of organizing. These are the foundations of any future liberation, beyond Boycott and beyond BDS itself.
City University of New York students, faculty, and staff, like the U.S. labor movement, are stuck between two forms of class composition: one that is bound by parochial bread-and-butter demands, and one in which our actions can reverberate around the world as they transform our working and learning conditions here. Which side are we on? Improvements over wages, benefits, and job security are real advances against the university and state elite, but they cannot be divorced from these interrelated conflicts that have catapulted CUNY into a local/global battleground.
We must collectively ask why the PSC and many other campus unions – as their leadership and membership are currently configured – have not been adequate forces for making such political demands. But perhaps struggles at CUNY can experiment with strategies to escape this impasse, finding ways to link the union to other struggles, to wider communities, to build associational power. In these broader coalitions, and relying on deep community ties, PSC members can urge the union to refuse to ratify a contract until management desists from its efforts at austerity, curtailment of civil liberties, and endorsement of U.S. and Israeli occupations, which are all integral facets of our workplaces. During the past year, we mobilized for a strike which garnered wide support across the university and New York City. We can use this momentum to strike at the heart of empire, and in the process, help redirect the course of social movement unionism.
On June 23, half an hour after this article was published, Politico announced a statement by CUNY that “A proposed policy will be considered by the Board of Trustees at a later time, following additional consultation and discussion.” Meanwhile, The Nation reported that Governor Cuomo continues to pursue a BDS Blacklist, in a clear violation of the First Amendment. Later in the evening, the Professional Staff Congress Delegate Assembly voted 111-11 to approve the contract as it stands for ratification by the union membership.
Conor Tomás Reed is an archivist, doctoral student, educator, and organizer at the City University of New York, a collective member of Lost & Found: The CUNY Poetics Document Initiative, and a co-founding participant in the Free University of New York City. Conor researches twentieth and twenty first-century literatures of social movements and urban freedom schools, and will be a 2016-2017 Scholar-in-Residence at the Schomburg Center for Research in Black Culture.
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