"How can you advocate breaking some laws and obeying others?" The answer lies in the fact that there are two types of laws: just and unjust. One has not only a legal but a moral responsibility to obey just laws. Conversely, one has a moral responsibility to disobey unjust laws. I would agree with St. Augustine, "an unjust law is no law at all." Martin Luther King Jr. at Birmingham in 1963 said, "An unjust law is a human law that is not rooted in eternal law and natural law. Any law that uplifts human personality is just. Any law that degrades human personality is unjust."
Presently, strikes, although unlawful, have been the only weapon unions have had to force employers to recognize and deal with their labor unions. In fact, the AFT has documented that trade unionists have been persecuted and jailed for exercising their democratic rights. There are incalculable cases where "labor organizations and democracy activists are under siege," globally.
In the New York State, trade unionists have had to wrestle with the Taylor Law from its inception. The law was put into effect in 1967, during the Rockefeller Administration. This was in response to the Transit Strike of 1966. Section 210 of the Taylor Law states that the municipal workers are not allowed to strike. Furthermore, it requires binding Public Employment Relations Board arbitration in the event of an impasse in negotiations. There is even a fine for striking. Plus many trade unionists, like Roger Toussaint, TWU President, have gone to jail. Surely, this "law degrades the human personality."
The Taylor Law seems to fit the mode of an unfair law because it penalizes labor and not management. Management seems unscathed as it moves toward the negotiation table at a snails pace. Hence, the impetus for management to negotiate contracts in a timely manner or negotiate in good faith is absent. There seems to be no penalty for management. Yet, the penalties for the UFT strikes of 1967, 1968 and 1975 are now a part of our Labor Union History.
Even the most recent attempts to negotiate with the city, took over two and a half years. Yes, two and a half years before the city even approached the bargaining table in good faith. Yet, there were no threats or reprisals on tap for management. Thus, it is obvious that changes to the Taylor Law are needed so that one can address the current inequity unions face at the bargaining table.
As we prepare, for a new set of negotiations to begin, we know that our past efforts to reform the Taylor Law have never proven successful, even after our COPE dollars were used to underwrite lobbying efforts aimed at advocating for a change in this unfair law. However, we must persevere. We have done it before.
As indicated by Abe Levine, former UFT Vice President, "During my 50 years on the Executive Board, our Union has grown tremendously in membership and influence. We have weathered many crises and have been successful in our efforts."
And surely any union that works to uplift the "human personality" is a just union. We must press on!
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