In the face of rising working-class militancy, anti-union forces have launched various legal attacks on the labor movement, using the false claim that union involvement in protests demanding a ceasefire in Gaza is somehow “anti-Semitic.” Most prominently, the federal monitor charged with rooting out corruption in the United Auto Workers has engaged in wildly inappropriate behavior, in a clear attempt to use his immense legal power over the union to shut down their criticism of Israel. The National Right to Work Committee and union-busting law firms like Jones Day have also launched a series of legal cases, including some against UE locals, aimed at undermining union shop and exclusive representation.
On December 13, a little under two weeks after the UAW released a statement calling for a ceasefire in Gaza, the court-appointed monitor overseeing the union, Neil Barofsky, made a phone call to UAW President Shawn Fain, urging him to reconsider the union’s position. In February, Barofsky sent a letter to the UAW executive board reiterating his criticism of the union’s position, and also brought it up in a virtual meeting with the executive board on February 19.
Barofsky was appointed in 2021 as part of a consent decree between the union and the federal government, stemming from rampant corruption under previous UAW leadership. In his role, Barofsky has extensive power to oversee all aspects of the union’s operation, including the power to impose discipline on UAW officers and members. The current leadership of the union was elected to reform the union; they have democratized the UAW and led important and militant fights, and have in fact worked closely with the monitor to root out corruption.
The consent decree which gives Barofsky authority over the union charges him with “remov[ing] fraud, corruption, illegal behavior, dishonesty, and unethical practices” from the union. Nothing in this mandate is applicable to the union’s position calling for a ceasefire, a position voted on by an executive board elected through a democratic process overseen by Barofsky himself.
After the union refused to change its position, and sent Barofsky a letter raising concerns that he was acting outside of his jurisdiction, Barofsky opened a new investigation into the union and demanded that the union turn over more than one hundred thousand documents, including communications that could potentially expose the union’s internal plans for taking on corporations
The attacks on labor over positions on Israeli policy towards Palestinians are not limited to the UAW, however. In July, a lawsuit against the Professional Staff Congress, the union representing faculty and professional staff of the City University of New York, was appealed to the Supreme Court. The National Right to Work Committee, which is providing legal counsel in the case, seeks to further weaken public-sector unions by asking the Supreme Court to eliminate the principle of exclusive representation. If exclusive representation is eliminated, then employers will be free to reward non-members with higher wages and other perks. This would further undermine public-sector unions, which are already suffering under the effects of the 2018 Janus decision outlawing union shop in the public sector. Two UE locals have also been the target of legal actions making false claims of anti-Semitism to attempt to undermine the union shop in the private sector, instigated by the National Right to Work Committee and the notorious union-busting law firm Jones Day.
These lawsuits, like the UAW monitor’s attack on that union, are justified by personal differences of opinion with positions taken by the union’s democratically-elected leadership, or in some cases by the membership as a whole. However, in a democracy, differences should be resolved, not by lawsuits, but by persuasion. UE has never taken action against a member for holding an opinion which differs from the union’s policy. Indeed, the preamble to our constitution directs us to unite all workers regardless not only of “craft, age, sex, nationality, race, [and] creed,” but also of “political beliefs,” and we encourage robust discussion of the union’s policies through our democratic structures.
It is ironic that several of these legal assaults alleging that criticisms of Israel’s military actions constitute “anti-Semitism” are being supported by the National Right to Work Committee, an organization whose history is steeped in actual prejudice against Jewish people. Vance Muse, the lobbyist who was central to the passage of so-called “right-to-work” laws throughout the country in the 1940s, was both a rabid anti-Semite and a committed white supremacist. His organization, the Christian American Association, sought to portray CIO unions like UE and UAW as agents of “Jewish Marxism” — precisely because our organizations united workers regardless of race, creed, and political beliefs.
It is not an accident that these attacks are specifically targeting unions which are growing, leading militant struggles, and daring to take independent positions on U.S. foreign policy. In this and in many other ways, they resemble the attacks on the progressive wing of the labor movement in the 1940s and 1950s when the unions which were growing, leading militant struggles, and taking independent positions on U.S. foreign policy were tarred as “communist-dominated” and subjected to government persecution — all of which only aided the corporations. The attacks on so-called “anti-Semitism” are nothing more than a new McCarthyism.
Just as we have always rejected any attempts by the government, corporations or special interests to dictate UE policy, we forcefully condemn the attempts by the federal monitor to influence the policies of the UAW, and to retaliate against them for taking a courageous and just stand for peace. We urge the court which appointed Barofsky to replace him with a monitor who will not exceed his authority.
More broadly, we condemn the cynical misuse of claims of anti-Semitism to attack union security and exclusive representation. We call upon the rest of the labor movement to close ranks against these attacks on exclusive representation, on the union shop, and on the right of unions to democratically take policy positions independent of the government or any political party.
Carl Rosen
General President
Andrew Dinkelaker
Secretary-Treasurer
Mark Meinster
Director of Organization