Despite their crucial role in providing the necessary services, these workers worked without access to basic protective measures such as personal protective equipment or paid sick leave. For example, people of color make up half of essential food and agriculture workers who, at $13.12, have the lowest average hourly wage of all essential work (McNicholas and Poydock 2020a).6 Low-wage workers typically have about half of access to paid sick leave — less than half (47%) of low-wage workers have access to paid sick days. Compared to 90% of high-wage workers (Gould 2020a).7 For black workers, the lack of access to the paid sick period is reinforced by a decline in health insurance rates. Black workers are 60% more likely to be unsured than white workers (Wilson and Gould 2020). Unions officially gained the right to represent workers under the law, when the National Labor Relations Act (NLRA) was passed in 1935. It guarantees private sector workers fundamental rights to organize trade unions, conduct collective bargaining and enjoy other rights, including strikes, if necessary. The law should be amended so that employers grant trade unions, serviceless workers and self-employed contractors adequate access to non-employment areas in order to discuss their free working time with workers. The law should also specify that workers can use their employer`s internal messaging system for union-related messages. In addition, workers who have not yet formed a union should be able to appoint a union representative as a representative during an OSHA inspection and related procedure. Over the past eight years, dozens of McDonald`s restaurants have gone on strike for safety reasons, insufficient protection from sexual harassment and other issues20 Workers have been hampered in their efforts to tackle company safety practices and other work directives, because McDonald`s says it`s not their employer – that workers only employ a particular deductible. They`re here. and that McDonald`s has no complicit liability for wage and hour violations (Selyukh 2019). The Trump NLRB has weakened the test to determine whether two employers are “joint employers” sharing this responsibility.
And in a recent law, trump NLRB concluded that monitoring health and safety issues was not automatically part of the analysis of joint employers (NLRB 2020). As previously recommended by PPE, the legislation should clarify that the description of the bargaining unit by the petitioning union is essential, unless the employer can convincingly state why the proposed unit is not feasible (Rhinehart and McNicholas 2020). Similarly, workers should be able to designate a bargaining agreement with multiple employers and their proposed agreement should be certified, unless the employer can provide convincing arguments as to why its participation in a bargaining unit with multiple employers is not feasible (Rhinehart and McNicholas 2020). The right to bargain collectively with an employer enhances the human dignity, freedom and autonomy of workers by giving them the opportunity to influence the definition of employment rules and thus gain some control over an important aspect of their lives, namely their work. Collective bargaining is not only an instrument for achieving external objectives. on the contrary, [it] is valuable as experience in self-management per se. Collective bargaining enables workers to achieve a form of democracy at work and to guarantee the rule of law in the workplace. . . .