President Biden and the Struggles of the Working Class

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By Grayson Shaw PO ’25

2022 was a record-breaking year for organized labor. Massive companies that were traditionally considered off-limits for collective action such as Amazon, Starbucks, and Chipotle recorded a major uptick in unionization (with some corporations recording their first union formation ever). Not only does it seem like unions are on the rise, the numbers back up the perception. The National Labor Relations Board (NLRB) recorded a historic year for unions with a 58 percent increase in union petitions during 2022. Additionally, Cornell’s School of Industrial and Labor Relations’ “Labor Action Tracker” saw a 50 percent increase in strikes during 2022. This increase in strikes also came with a 60 percent increase in workers attending these strikes. 

This wave of worker organization coincides with President Joe Biden fashioning himself as a proponent of the labor movement. During his first year in office, Biden remarked, “I intend to be the most pro-union President leading the most pro-union administration in American history.” However, his alleged pro-union and pro-labor positions are not always reflected in his political decisions. Thus, the question arises: is Biden’s stance on the struggles of the working class substantive or simply performative?

Advocates of Biden’s administration argue that his stance is substantive because Biden is doing as much as he can. Indeed, Biden has proposed or advocated for legislation that would surely fit the ‘most pro-union President’ label he is attempting to wear. Biden has passed policies aimed at improving the material conditions of workers in the United States despite a near-gridlocked Congress, including his establishment of a $15 minimum wage for nearly 400,000 federal workers, the passing of the $1 trillion infrastructure bill which will add blue-collar jobs to the American economy, and the creation of an estimated 600,000 manufacturing jobs since he took office. Beyond his policies, Biden has also thrown his support behind Congressional legislation that tries to improve the day-to-day experiences of working-class Americans. Examples like Biden’s support for the Protecting the Right to Organize (PRO) Act, despite its stalling in the Senate, demonstrates some attempt to stand up to opponents of unionization efforts. Unfortunately, Biden’s ability to pass legislation might just be outside of his control. Even if Biden had a legislative agenda that exclusively favored the working class, it would have to go through a government that is seemingly averse to passing legislation. This problem will likely worsen over time, especially with the recent red flip of the House due to the November midterms. 

On the other hand, Biden’s stance may very well be performative and lacking substance. There are probably some pro-labor sentiments within Biden’s camp. However, if the problem with Biden is that he has the right ideas but cannot get them done, then why are some progressive and pro-labor groups signaling that he should not run in 2024 for reelection? The answer lies in some combination of frustration with rhetoric not backed by policy, along with some actively anti-worker policy actions that some believe are a more authentic reflection of the President’s labor platform. The most glaring example of this is Biden’s recent decision to force an undemocratic railroad agreement onto workers in order to prevent a strike during the midterms. After months of labor negotiations and a strong level of solidarity amongst railroad unions, Biden ignored the workers who were fighting for a single day of sick leave during their 19-hour workdays. This decision was followed by an open letter from over 500 labor advocates criticizing the Biden Administration’s decision, with fears that this could set back the labor movement several years. In addition to the railroads, there is something to be said about Biden’s potentially passive support of pro-labor policies as an afterthought instead of a central pillar of his platform. Instead of treating workers as another constituency that Biden has to cater to (similar to his super PAC and “dark money” donors), critics say Biden should instead be focusing his platforms on American workers if he wishes to hold the most pro-union President title.

Overall, Biden has been largely constrained by an opposing Congress that will not pass some of his policies, but this does not excuse the decision to betray the railroad workers and continue to put the working class on the sidelines of policy. If Biden wishes to hold the title of most pro-labor sounding President, then by all means he can continue down this same path. However, if he truly wishes to hold that title because the working class has given it to him (instead of declaring it upon himself), then he will have to become more aggressive in pushing pro-labor policies and stop siding with the industry leaders as soon as it’s inconvenient to support a strike. 

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Claremont Journal of Law and Public Policy

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