Thursday, May 10, 2007

Which Side Are You On?

My congregation is about to embark on a major capital campaign to revitalize our crumbling physical plant. Our rabbi recently raised the question on his blog of whether we should have a strict policy of only using unionized vendors to do the construction work. I posted the following response:

A mishnah we studied in Pirke Avot class tonight says the following: “… love work, hate acting the superior, and do not bring thyself to the knowledge of the ruling authority.” As the texts so often do, this one seems to side with the weak, the oppressed and the exploitable. The bias here in favor of the low person on the totem pole is categorical. It bespeaks an institutional priority in favor of the powerless. This principle bears directly on the issue of whether we should have a policy of Union Only! at CBE.


Several prior entries in this string have suggested that some non-union firms treat their workers better than unionized shops in the same industry. Fair enough. In my life, I’ve worked in two union shops, one an awful hell-hole of a factory in Long Island City, where I lasted two weeks before fleeing to the Catskills and then fifteen years at Legal Aid, where I was a proud member District 65/UAW until I became part of management. The Teamsters, who owned the union franchise at the factory, seemed to have little interest in the membership. There is much positive, and some decidedly negative, I could say about the Association of Legal Aid Attorneys, but there is no question that without the union, we would have been paid a lot less, staff and supervisory attorneys alike. Plus, the union was the most important vehicle for keeping the issue of quality representation on the table, even if it was often honored in breach.

For me, the issue isn’t whether there are good or bad unions or better or worse non-union companies. The issue is unionism, not the merits of this union shop or that one. The quoted mishnah instructs us to be suspicious of power, to ask ourselves “which side we are on?” A logical corollary is that we should be suspicious of social and institutional arrangements that promote or maintain unequal power relationships. Unions promote fairer, more balanced institutional relationships, both in the workplace and in society generally.

With these observations in mind, there are several things that we, as a congregation, should look for in the vendors with which we contract, none mutually exclusive of the others. Obviously, a reputation for doing a good job is essential. Second, to support the institution of unionism, a union shop should generally be a requirement. Third, we should be sure that any union company we deal with treats its workers properly. This trilogy of considerations reminds me of still another mishnah we studied this evening: “If I am not for myself, who is for me, but if I am for my own self only, what am I, and if not now, when?

[Full disclosure: for the last eleven years I have been an attorney in a not-for-profit law office, essentially functioning as an appellate public defender. For most of that time, I’ve been a supervisor. So far as I know, the staff has never considered forming a union. If the issue ever comes up, I will support it, but I think it’s the staff’s responsibility, not management’s, to organize itself. As I think Hillel would agree, some things you have to do for yourself].

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At May 29, 2007 at 8:44 AM , Anonymous Anonymous said...

The reading list below might be of interest. Let me know!

>> Arieh Lebowitz
>> Communications Director
>> Jewish Labor Committee

Readings on Traditional Jewish texts on Labor and Worker Rights

SOURCE: http://www.jewishlaborcommittee.org/2006/01/readings_on_traditional_jewish_1.html

anon., "Labor," ENCYCLOPEDIA JUDAICA Vol. 10, Keter Publishing House (Jerusalem, Israel 1972)

Ayali, Meir, "Labor and Work in the Talmud and Midrash," [Hebrew] Yad La-Talmud (Ramat Gan, 1984)

Baron, Salo, "Economics and Social Justice," in "THE ECONOMIC VIEWS OF MAIMONIDES" in ANCIENT AND MEDIEVAL JEWISH HISTORY, ed. Arthur Hertzberg & Leon A. Feldman, Rutgers University Press (New Brunswick, 1972)

------- "Free Labor," op. cit. , pp. 248-260.

Bazak, J., comp. JEWISH LAW AND JEWISH LIFE: SELECTED RABBINICAL RESPONSA (pp. 75, 80), Union of American Hebrew Congregations (New York, NY 1979)

Bleich, J. David, "Organized Labor;" "Tenure," in CONTEMPORARY HALAKHIC
PROBLEMS (Vol. 1), KTAV Publishing House, Inc. / Yeshiva University Press (New York, NY 1977)

----"Severance Pay;" "Teachers' Unions," in CONTEMPORARY HALAKHIC PROBLEMS (Vol. 2), KTAV Publishing House, Inc. / Yeshiva University Press (New York, NY 1983)

----"Organized Labor - Survey of Recent Halakhic Periodical Literature," in Tradition 13, no. 1 (New York, NY 1972)

---- "Physicians' Fees - Survey of Recent Halakhic Periodical Literature," in Tradition 19, no. 4 (New York, NY 1981)

---- "Physicians' Strikes - Survey of Recent Halakhic Periodical Literature," in Tradition 21, no. 3 (New York, NY 1984)

---- "Rabbinic Contracts - Survey of Recent Halakhic Periodical Literature," in Tradition 11, no. 3 (New York, NY 1970)

---- "Severance Pay: Hired Servant or Independent Contractor - Survey of Recent Halakhic Periodical Literature," in Tradition 17, no. 3 (New York, NY 1978)

---- "Severance Pay," in Jewish Law Annual 3 (1980)

---- "Survey of Recent Halakhic Periodical Literature [particularly p. 126, Tenure on p. 129, and Employment During the Post-Nuptual Week on p. 136]," in Tradition 14, no. 4 (New York, NY 1974)

---- "Teachers' Unions - Survey of Recent Halakhic Periodical Literature," in Tradition 19, no. 3 (New York, NY 1984)


---- "Teachers' Unions," in Jewish Law Annual (1987)

---- "Tenure: A Review of a Rabbinical Court Judgment," in Jewish Law Annual 1 (1978)

Blumenfield, Samuel M., LABOR IN THE BIBLE, Dissertation Hebrew Union College (Cincinnati 1930)

Cronbach, Abraham, "Labor," UNIVERSAL JEWISH ENCYCLOPEDIA (New York, NY 1939-1943)

-----------------------, "Social Thinking in the Sefer Hasidim," in Hebrew Union College Annual 22 (1949)

Elon, Menachem, "Ha'anakah (Severance Pay)," in ENCYCLOPEDIA JUDAICA Vol. 7, Keter Publishing (Jerusalem, Israel 1972)

Fasman, Oscar Z., "The Attitude of the Hafetz Hayyim toward Labor," in ISRAEL OF TOMORROW, ed. by Leo Jung, Herald Square Press, Inc. (New York, NY 1946), pp. 117-184

Federbush, Simon, THE JEWISH CONCEPT OF LABOR, Torah Culture Department, Jewish Agency and HaPoel haMizrachi of America (New York, NY 1956)

Fendel, Zechariah, "Employer-Employee Relations [p. 77];" "The Abusive Employer [p. p. 80]," in THE HALACHA AND BEYOND: PROVIDING AN INSIGHT INTO THE FISCAL ETHICAL RESPONSIBILITIES OF THE TORAH JEW, AS WELL AS AN IN-DEPTH STUDY OF THE BITACHON CONCEPT, Hashkafah Publications (New York, NY 1983)

Heinemann, Joseph H., "The Status of the Laborer in Jewish Law and Society in the Tannaitic Period," in Hebrew Union College Annual 25 (1954)

Hirsch, Richard G., "Labor - Rights and Responsibilities," in THE WAY OF THE UPRIGHT: A JEWISH VIEW OF ECONOMIC JUSTICE [pp. 36-62], Union of American Hebrew Congregations (New York, NY 1973)

Horowitz, George, "Hired Workers/Further Rules Favorable to the Worker," in THE SPIRIT OF JEWISH LAW, Central Book Company (New York, NY 1963)

Jacobs, Louis, "Strikes," in WHAT DOES JUDAISM SAY ABOUT ...? [pp. 309 - 310], Keter Publishing (Jerusalem 1973)

Jakobovits, I., "The Right to Strike," in STUDIES IN TORAH JUDAISM: JEWISH LAW FACES MODERN PROBLEMS, Yeshiva University Dept. of Special Publications (New York, NY 1965)

---- "The Right to Strike - Review of Recent Halakhic Periodical Literature," in Tradition 5, no. 2 [p. 273] (1963)

---- "Strikes - Survey of Recent Halakhic Periodical Literature," in Tradition 7,
no. 4/8, no. 1 [p. 98] (1965/1966)

---- "Workmen's Compensation and Severance Pay - Review of Recent Halakhic Periodical Literature," in Tradition 4, no. 2 [p. 260] (1962)

Jung, Leo, "The Workingman," in HUMAN RELATIONS IN JEWISH LAW, Jewish Education Press / Board of Jewish Education, Inc. (New York, NY 1967/1970) [Reprinted in BETWEEN MAN AND MAN, Jewish Education Press / Board of Jewish Education, Inc. (New York, NY 1976)]

-----. "Labor in Jewish Law," in BUSINESS ETHICS AND JEWISH LAW, Hebrew Publishing Company in conjunction with the Board of Jewish Education of Greater New York (New York, NY 1987)

Katz, Mordechai, PROTECTION OF THE WEAK IN THE TALMUD, Columbia University Press (New York, NY 1925)

Klagsbrun, Francine, "Work, Wealth and Philanthropy," in VOICES OF WISDOM: JEWISH IDEAS AND ETHICS FOR EVERYDAY LIVING, Pantheon Books (New York, NY 1980)

Kogan, Michael S., "Liberty and Labor in the Jewish Tradition," in Ideas, A Journal of Contemporary Jewish Thought (Spring 1975)

Kohler, Kaufmann, "Labor," in Jewish Encyclopedia, vol. 7, p. 590 (New York, NY 1901-1906)

Levine, Aaron, FREE ENTERPRISE AND JEWISH LAW: ASPECTS OF JEWISH BUSINESS ETHICS, KTAV (New York, NY 1980)

----, "Jewish Business Ethics in Contemporary Society," in BUSINESS ETHICS AND JEWISH LAW, by Leo Jung, Hebrew Publishing Company in conjunction with the Board of Jewish Education of Greater New York (New York, NY 1987)

----, "Labor Mobility: A Halakhic View, in Gesher 5, no. 1 [pp. 88-105] (1976)

Levinthal, Israel H., "The Attitude of Judaism Toward Labor," in JUDAISM: AN ANALYSIS AND AN INTERPRETATION, Funk and Wagnalls (New York & London, 1935)

----, "The Attitude of Judaism Toward the Laborer," in JUDAISM: AN ANALYSIS AND AN INTERPRETATION, Funk and Wagnalls (New York & London, 1935)

Neusner, Jacob, THE ECONOMICS OF THE MISHNAH, University of Chicago Press
(Chicago, IL 1990)

Perry, Michael S., LABOR RIGHTS IN THE JEWISH TRADITION, Jewish Labor Committee (New York, NY, n.d.)

Reines, Chaim W., "Labor in Rabbinical Responsa," in ISRAEL OF TOMORROW, ed. by Leo Jung, Herald Square Press, Inc. [p. 141] (New York, NY 1946)

----, "The Jewish Conception of Work," in Judaism, 8 [pp. 329-337] (1959)

Riemer, Jack, "The Jewish view of work (Avodah), in Jewish Heritage (Summer 1962), p. 21-23

Sacks, Eliot, "Teachers and the right to strike," L'eylah (New Year 5746), p. 16-17 [London]


Sacks, J[onathan?], "Halacha: Industrial Relations in Jewish Law," in Ha-Zvi 13 [p. 13] (Mizrahi Journal) (London Purim 5739)

Schnall, David J., BY THE SWEAT OF YOUR BROW: REFLECTIONS ON WORK AND
THE WORKPLACE IN CLASSICAL JEWISH THOUGHT, KTAV (New York, NY 2001)

Shapira, Abraham, "Work," in CONTEMPORARY JEWISH RELIGIOUS THOUGHT, by Cohen, Arthur A. and Mendes-Flohr, Paul, The Free Press (New York, 1987)

Sicher, Gustav, "Concept of Work in the Jewish Faith," in JEWISH STUDIES: ESSAYS IN HONOR OF G. SICHER, ed. by R. Iltis, Council of Jewish Religious Communities [p. 5] (Prague 1955)

Silverman, William B., "The Dignity of Labor," in THE SAGES SPEAK, Jason Aronson, Inc. (Northvale, NJ and London, England 1989)

Sulzberger, Mayer, "The Status of Labor in Ancient Israel," in Jewish Quarterly Review 13 (1922-23), p. 245-302, 397-459; reprinted separately (Philadelphia PA 1923)

Tamari, Meir, IN THE MARKETPLACE: JEWISH BUSINESS ETHICS, Targum Press
(Southfield, MI 1991)

-------, WITH ALL YOUR POSSESSIONS: JEWISH ETHICS AND ECONOMIC LIFE, The Free Press (New York, NY 1987)

Vorspan, ALbert, and Eugene J. Lipman, "Labor," in JUSTICE AND JUDAISM, Union of American Hebrew Congregations (New York, NY: 1956)

Warhaftig, Shillem, "Labor Law," in ENCYCLOPEDIA JUDAICA Vol. 10, Keter Publishing House (Jerusalem 1972)

Weisfeld, Israel H., "LABOR LEGISLATION IN THE BIBLE AND TALMUD, Yeshiva
University (New York, NY 1974)

Wigoder, Geoffrey, "Labor and Labor Laws," in ENCYCLOPEDIA OF JUDAISM, [2002]

Wolkinson, Benjamin W., "Labor and the Jewish Tradition - A Reappraisal," in Jewish Social Studies Vol. 40 no. 3/4 (S/F 1978)

Woll, Jonathan S., THE EMPLOYER-EMPLOYEE RELATIONSHIP IN SHULCHAN-ARUCH Dissertation Hebrew Union College (Cincinnatin, OH 1976)

Wolsey, Louis, "The Historic Attitude of Judaism to Labor," in CCAR Yearbook Vol. 38 (1928) [pp. 311-343]

Zipperstein, Edward, BUSINESS ETHICS AND JEWISH LAW, KTAV (New York, NY 1987)

This listing is a `work-in-progress' - additional suggested entries welcome.


Arieh Lebowitz
Jewish Labor Committee
25 East 21st Street
New York, NY 10010

 

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