Today, fewer and fewer workers are able to exercise their right to a union. The result is unprecedented income and wealth inequality, stagnant wages and more Americans without health insurance or retirement benefits. For the first time, Americans don’t believe the next generation will be better off. And since the Bush-appointed majority took over the National Labor Relations Board (NLRB), the massive assault on workers has only worsened. Through blatantly biased decision-making the NLRB has denied basic worker rights and protections, and consistently put corporate interests before public interest.

The sweeping set of anti-worker decisions issued in September – The September Massacre -- by the Bush Labor Board is the culmination of grossly egregious decisions that not only violate its statutory duty to protect workers, it dismantles decades of set labor law.

Take for example the case of Domsey, a company that bought and exported used clothing. Its 300+ employees, largely Haitian and Latin American immigrants, mostly sorted and packed the clothing. Eighteen years ago, the International Ladies Garment Workers Union attempted to organize Domsey’s employees. The Garment Workers held its initial organizational meeting in October 1989. The next day, Domsey began assigning workers to more difficult work because they attended the union meeting.

In December of ‘89, union representatives arrived at Domsey to request recognition. Giles Robinson, a key union supporter, with 27 years seniority and an unblemished work record, informed Peter Salm -- the owner's son -- that the union was there to see him. Fifteen minutes later, Salm fired Robinson. That afternoon, Domsey’s attorney told the union's attorney that he wasn't worried about the discharge, because, even if Domsey had to reinstate Robinson, the back pay liability wouldn't amount to much. A little over a month later, Domsey illegally fired another worker, leading the workers to strike.

During the strike, Domsey representatives subjected the predominantly Haitian striking workers and union organizers to outrageous harassment. For example, Salm placed a "voodoo table" covered with a black tablecloth in front of picketing workers, placed candles and bananas on the table and, while making monkey motions, called to the workers, "This is for you monkeys to eat."

Nearly seven months later, the striking workers unconditionally requested to return to work. Domsey became legally obligated to reinstate the workers within five days of the request. However, Domsey refused to rehire some of the striking workers, delayed reemploying other workers, and placed illegal conditions on reemployment, including requests for immigration information.

Domsey also severely abused reinstated employees through physical, verbal and mental harassment. Mr. Padgett, a thug hired by Salm whom the NLRB’s judge compared to Attila the Hun, attacked worker Marie Nicole Mathieu – among others -- pushing her onto a car and punching her in the head, causing her to bleed from her nose and mouth, and to suffer injuries to her back. After she was hospitalized, Salm fired her for missing work.

Over the course of the next decade, the courts sought an injunction against Domsey’s unfair labor practices, ordered a cease to unfair labor practices, ordered reinstated workers with back pay and found Domsey in contempt for violating the injunction.

On September 30, 2007 – eighteen years later – the NLRB awarded back pay to around 200 Domsey employees, though the Board significantly reduced the back pay award to some employees, decreasing the effectiveness of the already inadequate back pay remedy proposed by the initial administrative law judge.

Today, the workers have no union. The ULPs are significantly unremedied. Giles Robinson, Domsey’s initial victim, will never enjoy any back pay. He died years ago. In addition, Domsey is no longer operating, so it’s unlikely that any of what little back pay is due will be collected. As is all too typical at the NLRB, justice delayed is justice denied.

As thousands of workers across the country take to the streets today to rally at NLRB offices in protest of the Bush Board’s egregious decisions, the unions of Change to Win will march alongside demanding an end to this government-sanctioned assault that has put the American Dream at risk for American workers.

It is time to restore the fundamental principles of our basic labor law – to protect worker rights and to give workers a free and fair opportunity to improve their lives by bargaining collectively through their unions, and to stop the unchecked greed and intimidation of corporations like Domsey.

Ira Katz is an attorney for UNITE HERE. He represented the Domsey workers throughout their organizing campaign and the NLRB proceeding. He was at the initial organizing meeting in 1989 and accompanied Giles Robinson when he went to demand recognition.