Many unions are wisely channeling resources into deep member organizing, but a strong bedrock of legal protections for organized labor sure would help. As labor historian Nelson Lichtenstein wrote for In These Times’ 40th anniversary anthology, “Even the most creative forms of rank-and-file militancy could but rarely triumph against a free market-oriented neoliberal legal and financial regime.” The International Trade Union Confederation, in its annual workers’ rights assessment, routinely groups the U.S. with Iraq, Honduras and other countries where “fundamental rights [are] under continuous threat.”

The labor and employment protections that do exist have been eroded for decades, often on the Democrats’ watch. But unions and workers weary of broken promises from corporate-captured legislators may find a glimmer of hope in the current rise of progressive Democrats. To those candidates and legislators looking for strong pro-labor proposals, we invited labor experts to offer four concrete policies to bolster workers’ rights. You can find the first proposal, by Aaron Tang, below, and the rest on InTheseTimes.com over the course of the week.

We offer these with one caveat: Legislative change won’t happen without a groundswell of worker action, rooted in the conviction that we do not shed our rights when we clock in to work.

— , In These Times executive editor

A Simple Fix to Janus

If there is any agreement between Right and Left regarding the Supreme Court’s decision in Janus, it is that the ruling delivers a potentially crushing blow to public-sector unions across the country. Before Janus, small automatic deductions could be debited from workers’ paychecks to cover union bargaining costs. After Janus, this is no longer an option: The Supreme Court has ruled that requiring union contributions violates the First Amendment.

So, as a matter of law, all public-sector workers are now free to opt out of paying union dues while still retaining the benefits of union representation. Experts estimate that anywhere from 20 percent to 70 percent of those affected will stop paying—with significant negative effects on unions’ ability to advocate for workers’ interests.

This doomsday scenario is entirely avoidable, however. Lawmakers in the 22 states that permitted public-sector unions to collect fair-share fees before Janus can enact a simple legislative workaround that would neutralize essentially all of Janus’ impact. Most of these states are blue and ostensibly pro-labor, so they should jump at the opportunity.

Instead of deducting union dues from paychecks to reimburse union bargaining-related costs, government employers—fire departments, school districts, etc.—could be required to reimburse those expenses directly. Workers who previously objected would no longer have an issue, and unions would still enjoy the same, pre-Janus level of resources needed to carry out their representational activities.