Right To Work: Boeing Employees And Their Rights

Right-to-work laws in the United States give employees the freedom to choose whether or not to join a labor union and pay union dues. While these laws give workers more choice, critics argue that they weaken unions and benefit corporations. In 2024, 26 states had right-to-work laws in place. South Carolina is one of these states, and in 2011, the National Right to Work Legal Defense Foundation offered free legal assistance to Boeing employees affected by an Obama Labor Board case that threatened their jobs. Boeing has developed its own Code of Basic Working Conditions and Human Rights, which includes a commitment to complying with laws pertaining to freedom of association, privacy, and collective bargaining.

Boeing's commitment to human rights and freedom of association

Boeing's Code of Basic Working Conditions and Human Rights outlines the company's commitment to fundamental standards that make it a good place to work. The company recognizes that its people are its most vital asset, and their contributions are essential to its success. Boeing has developed policies and practices to ensure that employees are protected and enjoy the rights outlined in the Code.

The Code of Basic Working Conditions and Human Rights commits Boeing to the protection and advancement of human rights in its global operations. The company's policies are derived from existing standards and human rights concepts advanced by groups such as the International Labor Organization, the Universal Declaration of Human Rights, and the Global Sullivan Principles. Boeing's commitment to human rights is reflected in its own standards and values rather than those of a third party.

Boeing respects its employees' right to freedom of association, recognizing their right to join or not join any lawful organization of their choosing. The company complies with laws pertaining to freedom of association, privacy, and collective bargaining. Additionally, Boeing promotes a work environment that fosters communication, productivity, creativity, teamwork, and employee engagement.

As a global company, Boeing strives to provide fair and equitable compensation and benefits that are competitive with other world-class companies. The company is committed to ethical and lawful practices in its procurement of goods and services, as outlined in the Boeing Supplier Code of Conduct.

Boeing believes in the importance of voluntary employment and complies with laws prohibiting slavery, human trafficking, forced labor, and child labor. The company encourages its partners and suppliers worldwide to adopt similar standards and welcomes employees to report any suspected violations without fear of retaliation.

Right-to-work laws and union membership

Right-to-work laws refer to state laws that prohibit union security agreements between employers and labor unions. These laws give workers the freedom to choose whether or not to join a labor union in the workplace. They also make it optional for employees in unionized workplaces to pay union dues or membership fees. In other words, employees can receive the benefits of union contracts without having to pay dues or fees to the union.

Right-to-work laws are derived from the Taft-Hartley Act of 1947, which prohibits "closed shops" where employees are required to be members of a union as a condition of employment. The Act allows for “union shops” or "agency shops", where employees must pay a fee for union representation without joining the union. However, the Act also authorizes individual states to outlaw union shops and agency shops, creating right-to-work laws.

As of 2024, 26 US states have right-to-work laws, including Alabama, Arizona, Arkansas, Florida, Georgia, and Idaho. These laws vary from state to state but generally cover most employees working for private employers and public-sector unions. Workers in the railroad and airline industries are not covered by these laws.

Supporters of right-to-work laws argue that workers should not be forced to join a union and that these laws attract more businesses to a state. They also claim that right-to-work states have higher employment rates, after-tax income, and a lower cost of living.

On the other hand, critics argue that right-to-work laws weaken unions and empower corporations. They claim that workers in right-to-work states earn lower wages and that unions are forced to represent all workers, including those who do not pay dues, increasing the cost of operating a union. Critics also argue that right-to-work laws restrict freedom of association and limit the types of agreements that workers and employers can make collectively.

In terms of Boeing employees, the company states that it recognizes and respects its employees' rights to join or not join any lawful organization of their choosing. Boeing also states that it complies with laws pertaining to freedom of association, privacy, and collective bargaining.

Boeing's stance on slavery, human trafficking, forced labour and child labour

Boeing has a Code of Basic Working Conditions and Human Rights that outlines the company's commitment to fundamental standards that make it a good place to work. The code includes policies on non-discrimination, freedom of association, environment, health, safety, work environment, compensation, and expectations for suppliers.

With regards to slavery, human trafficking, forced labour, and child labour, Boeing believes that the employment relationship should be voluntary and that the terms of employment must comply with applicable laws and regulations. They are opposed to these exploitative practices and are committed to complying with laws that prohibit them.

Boeing informs its employees about this code and encourages partners and suppliers in its worldwide supply chain to adopt and enforce similar concepts. Employees who suspect violations are encouraged to report them through established channels, and no retaliatory action will be tolerated for those who raise genuine concerns.

The company may conduct assessments to measure compliance with the above commitments and will periodically review the code to determine if revisions are needed. Any revisions will be promptly published on Boeing's website.

The National Labor Relations Act and the right to strike

The National Labor Relations Act (NLRA) was passed by Congress in 1935, and it encourages collective bargaining by protecting workers' full freedom of association. The NLRA protects most employees, whether they work in a unionized or non-unionized workplace.

Section 7 of the NLRA states that "employees shall have the right... to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection." Strikes are included in these concerted activities, and the US Supreme Court has upheld the right of employees to go on strike, regardless of unionization.

For example, in 1962, the Supreme Court in NLRB v. Washington Aluminum upheld the NLRB's decision that workers in a non-unionized workplace who walked out due to cold temperatures were protected under the NLRA and could not be fired. While the right to strike is fundamental under the NLRA, there are limitations and qualifications to this right.

The lawfulness of a strike depends on its object or purpose, timing, and the conduct of the strikers. These issues are often decided by the National Labor Relations Board, and the consequences can be severe for both striking employees and employers. Striking employees may be classified as "unfair labor practice strikers" or "economic strikers," with unfair labor practice strikers having greater rights of reinstatement to their jobs.

Economic strikers are those who seek economic concessions from their employer, such as higher wages, shorter hours, or better working conditions. They retain their status as employees and cannot be discharged but can be replaced under certain circumstances. On the other hand, unfair labor practice strikers protest an unfair labor practice committed by their employer and cannot be discharged or permanently replaced. When the strike ends, they are entitled to their jobs back, even if employees hired during the strike have to be discharged.

Strikes may be deemed unlawful due to their purpose, timing, or misconduct of the strikers. For instance, a strike in support of an unfair labor practice by a union would be considered unlawful. Additionally, a strike that violates a no-strike provision in a contract is not protected by the NLRA, and employees participating in such a strike can be discharged or disciplined.

The NLRA does not protect strikers who engage in serious misconduct during the strike, such as physically blocking access to the plant, threatening violence, or attacking management representatives. These strikers may be refused reinstatement to their former jobs, regardless of their classification as economic or unfair labor practice strikers.

Boeing's policy on non-discrimination and harassment

Boeing has a Code of Basic Working Conditions and Human Rights that outlines the company's commitment to fundamental standards that make it a good place to work. This code includes policies on non-discrimination and harassment.

Boeing's non-discrimination policy states that the company aims to attract and retain the best-qualified people available, without regard to race, colour, religion, national origin, gender, sexual orientation, gender identity, age, physical or mental disability, or veteran status. This policy applies to both applicants and employees and covers all terms and conditions of employment, including recruiting, hiring, transfers, promotions, terminations, compensation, and benefits. Discrimination or harassment based on any of these factors is prohibited, as is retaliation against anyone who reports a possible violation.

The company also recognises and respects employees' rights to join or not join any lawful organisation of their choosing. Boeing is committed to complying with laws pertaining to freedom of association, privacy, and collective bargaining.

In addition to its non-discrimination policy, Boeing has taken steps to create a safe and respectful work environment for its employees. The company encourages open communication, productivity, creativity, teamwork, and employee engagement. Boeing also provides training on diversity, equity, and inclusion to promote a more inclusive and respectful workplace.

Despite these policies and efforts, Boeing has faced several lawsuits and allegations of harassment, discrimination, and retaliation. In one case, a former employee, Rachel Rasmussen, sued the company, alleging that she faced harassment and discrimination as a transgender, lesbian woman working at Boeing's Everett facility. Rasmussen reported instances of homophobic slurs, the use of her deadname, and sexual assault by a co-worker. Despite reporting these issues to management and human resources, Rasmussen felt that her concerns were not adequately addressed, and she ultimately left the company.

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