Workers' teshuvah--now online

Job well done ... or not? (0.00 / 0)

---

by: Yyosef30 @ Fri May 30, 2008 at 15:14:53 PM UTC

striving--repost (0.00 / 0)

since the original comment was posted in two places, and since the discussion seems to be happening here, I'll repost my response to Yyosef:

 

The Forward was wrong in reporting that the teshuvah, as of a month ago, "obligated" employers to pay a living wage.  My assessment, and that of many members of the committee, is that there's space in halakhah for saying that people SHOULD do something, but for realizing that not everyone is there yet.  There was some concern about the possibility that five minutes after the passage of the teshuvah, hundreds of institutions and other employers would find themselves now in violation of the law, and wouldn't be able to adjust in this fiscal year.  The teshuvah very definitely does not say that Jews "have an option" of paying a living wage or "should think about" paying a living wage--the point is that the expectation is the payment of a living wage, and we realize that some institutions/individuals will be able to get there sooner than others.

While the living wage portion of the teshuvah has gotten the most attention, please note that there are seven other conclusions, many of which go far in demanding--even obligating--appropriate treatment of workers.  

 

---

by: Rabbi Jill Jacobs @ Mon Jun 02, 2008 at 02:57:34 AM UTC

a little more 'tachlis,' please? (0.00 / 0)

Rav Jill - Yishar Kochech on this Teshuva.

My assumption is that, like all legislation on these kinds of issues, the implementation is what matters. What do you (or others) know about how this teshuva will be implemented by Conservative institutions? Is there some kind of language that has the CJLS review implementation over time?

 Ben Bokser

---

by: BenBokser @ Tue Jun 03, 2008 at 17:36:12 PM UTC

tachlis (0.00 / 0)

Great question, and something that I'm in the process of thinking about with some other folks.  No--there's no natural process for disseminating or enforcing teshuvot, but in this case, of course there needs to be.  What do you think we should do?

---

by: Rabbi Jill Jacobs @ Tue Jun 03, 2008 at 18:00:23 PM UTC

[ Parent ]

re: tachlis (0.00 / 0)

Instead of creating a new implementation structure that doesn't seem to me to exist, I would support a more grassroots approach: getting stakeholders in each of these institutions (Ramah/Schecter parents, students, and staff) to push for compliance.

---

by: BenBokser @ Tue Jun 03, 2008 at 23:02:10 PM UTC

[ Parent ]

Workers' tshuvah (0.00 / 0)

I understand why a Conservative rabbi would write a halakhic tshuvah on the subject.  (1) The tshuvah itself, however, manifests some of the reasons I reject this kind of halakhic framework for ethical discussions.  (2) Rabbi Jacobs's tshuvah is also problematic in terms of its self-imposed restrictions.

The halakhic framework fails us here

The tshuvah documents some of the historical mahloqot (disagreemnts, disputes) among rabbinic and halakhic authorities but the framework of debate precludes a class analysis of the sources of these disputes.  Not only does this limit the debate, but it also causes halakhic discussions of these kinds of issues to ignore 19th and 20th century Jewish traditions of political dissent and union organizing.  Bundist, Secularist, socialist Zionist and other traditions have had a lot to say about the ethics of employer-employee relations and the Jewish ethical traditions.  Not only were these generally absent from Rabbi Jacobs's tshuvah, but they are also precluded from the framework of ethical discourse appropriate for such a document.  And yet these traditions were quite enlightening regarding explosing some of the problematic aspects within Jewish religious and ethical culture.  At best, Jacobs could only allude to some of these issues. 

The framework of discourse also explicitly rejects an embracing of living in multiple civilizations, of embracing diversity and imposes the necessity of assuming that we must always ask how Jews and non-Jews should be treated differently.  From an ehtical point of view (at least for those of us who embrace diversity) the assumption is that Jews and non-Jews should not be treated differently unless there is a compelling reason to do so.

The halakhic framework fails us here.  It is not the appropriate fraqmework for discourse on these ethical issues.

The tshuvah has problematic self-imposed restrictions

 Rabbi Jacobs's tshuvah is limited to "low wage workers".  These are a particularly vulnerable and "at risk" group of workers facing urgent conditions.  In this sense, it is proper to focus on these vulnerable workers facing difficult or impossible -- and socially unjust -- conditions. But limiting our focus to these employees of Jewish institutions ignores some very large issues which, for the most part, are not even being articulated today.  Jacobs's tshuvah alludes to a major issue -- whether some kinds of workers such as teachers should not be allowed to unionize or strike.

Is it ethical for congregations to pay high salaries to rabbis and executive directors while paying low salaries to teachers, secretaries, janitors, etc. -- even if these low paid workers are paid a "living wage"?

Should rabbis who take pay increases forcing other workers to be laid off or have their pay reduced be subject to discipline from their professional association and have their ordination rescinded?

Do wealthy congregations have to pay their professionals sufficient for them to live in the same communities and neighborhoods as the membership?

Is it ethical to divert large sums of money to Israel and Israel programming if employee wages and benefits are being cut back or is it incumbent upon Jewish institutions to suspend such contributions?

Should Jewish institutions, as a matter of general practice, refrain from allowing employer-friendly boiler plate language to be inserted into contracts and other documents specifying terms of engagement and employment (as is increasingly happening as corporate lawyers on boards volunteer their services)?

How should Jewish institutions treat part-time employees?  What kinds of payments and benefits are appropriate for part-time workers?

What kinds of trade-offs are unethical when financially strapped Jewish institutions have to cut back because of budget constraints?  What kinds of cut backs to worker benefits and pay are allowable under what kinds of conditions and do such actions require these institutions to make commitments to increase compensation in the future if finances become better?

When is it permissible and when is it unethical to substitute volunteer labor for formerly paid labor?

The kinds of discussions necessary for answering these kinds of questions must go beyond the framework of halakhah.  These discussions must include radical critiques of American Jewry and of our communal institutions and organizations.

---

by: Benjamin Mordecai Ben-Baruch @ Sat Jun 14, 2008 at 23:18:39 PM UTC