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Análisis: ¿Muerte sindical en Estados Unidos?

Estados Unidos (EEUU) es un país donde su pasión por el capitalismo ha marcado su historia, desde su independencia bajo el refrán No taxation without representation (No hay tributos sin representación) hasta su posición en la guerra fría contra la expansión del comunismo. Pero, así como ninguna nación es puramente socialista o capitalista, EEUU tampoco tiene falta de tendencias de izquierda. El sindicalismo nació en los EEUU, fue en una protesta sindical que fue reprimida por las fuerzas del orden que dio origen al día del trabajo.

Estando a favor o en contra de la unión sindical, se puede reconocer que la existencia de sindicatos ha generado cambios positivos en la industria, como la prohibición de la contratación de menores de edad, el límite de horas semanales y el salario mínimo. Para que los sindicatos logren esto se necesitó de una tenaz organización de trabajadores que buscaron limitar los abusos cometidos por los empleadores. Estés a favor o en contra de la unión sindical, es importante reconocer que la vida laboral de hoy en día se debe, en su mayoría, a esas oposiciones realizadas a inicios del Siglo XX.

El pasado miércoles (27/06/17), la Corte Suprema de los EEUU tuvo una decisión bastante controversial en la que se estableció que los trabajadores públicos que elijan no unirse a los sindicatos no estarían requeridos del pago para las negociaciones colectivas. En pocas palabras, los sindicatos de los trabajadores del Estado perderían decenas de millones de dólares a través de la nación norteamericana. La Corte basó su decisión en la Primera Enmienda argumentando que obligar a un trabajador a pagarle a un sindicato que negocia políticas puede ir en contra de las mismas políticas del trabajador por lo que iría en contra de su derecho de la libre expresión.

Según los representantes de estos sindicatos, explicaron que el razonamiento de la Corte es defectuoso. Mencionan que los no-miembros sindicales tienen el derecho a una devolución de los pagos que han sido utilizados en actividades políticas. En el caso para las negociaciones colectivas, explican que el pago sí debería ser obligatorio pues el resultado de esas negociaciones afecta a todos los trabajadores por igual, sean o no miembros del sindicato. Además, sería discriminatorio de parte de un sindicato ofrecer a un trabajador un beneficio que otro no recibiría por no ser parte de un sindicato. Cada uno que se beneficia de estas negociaciones debería pagar por las negociaciones. El New York Times opina que muchos trabajadores optarían por no pagar por las negociaciones pues igual recibirían los beneficios de ellas, lo que debilitaría la estructura sindical

Esta fue una decisión bastante polémica de la Corte Suprema. La votación terminó 5-4, con la sentencia adoptando esa visión. En el 2016 hubo un caso similar, pero el Juez Antonin Scalia murió antes del veredicto por lo que la decisión terminó 4-4. Con el candidato nominado por Donald Trump, Neil Gorsuch, claramente era la oportunidad para aplicar estas nuevas políticas.

Carlos Neyra
Estudiante de Derecho con mención en Ciencias e Ingeniera. Ha sido miembro junior de Consultoría Externa y Desarrollo, y es parte del Equipo de Preparación del equipo Peruvian Universities
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