How US Labor Law Constrains Unions’ Political Activity

A growing number of unions have taken a stand against Israel’s genocide in Gaza. Yet US labor law throws up major obstacles to unions using their leverage to press political demands, including the demand for a cease-fire.

UC Santa Cruz Workers Strike Over Treatment Of Pro-Palestinian Protesters

UC Santa Cruz members of UAW Local 4811 and pro-Palestinian protesters carry signs as they demonstrate in front of the campus on May 20, 2024 in Santa Cruz, California. (Justin Sullivan / Getty Images)


As university encampments have become the center of American popular resistance to Israel’s genocide in Gaza, the most powerful voices in the country calling for a cease-fire continue to be labor unions. For many, the logical next step after endorsing a cease-fire would be for unions to take more concrete actions to press this demand. The problem for unions is figuring out how to maximize pressure on the corporate and political classes who enthusiastically (and profitably) support Israel’s apartheid regime and genocide in Gaza, given that US labor law intentionally restricts the ability of unions to use workplace actions for political ends — like striking to stop a war.

The difficulty is that US labor law generally only protects workplace actions when there is a nexus between what is being protested and the working conditions of the employees taking action. Generally, rights to free speech and political expression stop at the workplace door. In this respect, bosses have greater control over workers than the elected government does over citizens, because the Constitution restricts governments but not private actors. (Even government agencies have more power to restrict expression when they are acting as employers.) This means that, with few exceptions, bosses can easily squash their workers’ political expression and speech.

A History of Making Effective Methods Illegal or Unprotected

The difference between an illegal activity and an unprotected activity is important, but often it makes little difference for workers. If an activity is illegal, then there are legal repercussions for doing it, like criminal charges or liability for damages. These exist on top of any employment repercussions. If an activity is not protected by the National Labor Relations Act (NLRA), then it means that workers can be fired for doing it and have no legal recourse for getting their jobs back. This vulnerability stems from the absence of constitutional rights in the workplace.

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