So how did the NLRB decide to weaken fundamental workplace protections?
Security firm Guardsmark instituted a rule directing employees not to
"fraternize on duty or off duty, date, or become overly friendly with the
client's employees or with co-employees." In September 2003, the Service
Employees International Union filed unfair labor practice charges with the NLRB
against Guardsmark, claiming that the company's work rules inhibited its
employees' Section 7 rights.
Section 7 of the National Labor Relations Act grants workers the right to "self-organization, to form, join, or assist labor organizations…and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or
protection..." While the law allows employers to ban association among
co-workers during work hours, Guardsmark's rule was broader in that it applied
to the off-duty association of co-workers.On June 7, 2005, the Board ruled 2 to 1 that Guardsmark's fraternization rule was lawful.1 The Board majority argued that workers would likely interpret the fraternization rule as merely a ban on dating, and not a prohibition of the association among co-workers protected by Section 7. But the dissenting member of the Board
pointed out that since the rule already mentions dating, workers would
understand fraternization to mean something else. She noted, "the primary
meaning of the term 'fraternize…[is] to associate in a brotherly manner'…and
that kind of association is the essence of workplace solidarity."
Hardt and Negri write in Empire about the shift to "affective labor," a category of work which marks the subsumption of interpersonal interactions into the realm of capital accumulation, in which caring and interaction become forms of work. NYU's assumption that it can declare what kinds of interactions security workers may have on or off the job seems to constitute a flip side to Hardt and Negri's formulation, in which the boss not only gets to decide with whom and how you interact, but with whom you deny certain kinds of interactions (conviviality) in favor o others (arrests?)
Anyway, I share Specter of Marx's outrage. This is disgusting.
yuck.
ReplyDeletefor clarity, i'd suggest fixing the quotes at the beginning. it sounds like you're quoting from an NYU doc, and not another blog. i read that and was like "wow, they're really cracking."
good luck
also sounds like our boycott work. i got in a little trouble for instructing our seminary summer interns not to smile at customers, laugh with them, or create a personal connection that would allow them to justify patronizing a boycotted hotel.
ReplyDeletemicro-strategy - guess NYU's taking a page out of our book.
those poseurs.
ReplyDeleteI was an extremely mean boycott leafletter until Jobs With Justice asked us to tone it down when they started sending folks out to leaflet with us. I am sure Minnie Driver appreciated the more palliatory approach.