NCJ Number
57436
Journal
PRISON LAW MONITOR Volume: 1 Issue: 10 Dated: (APRIL 1979) Pages: 237,249-254
Date Published
1979
Length
7 pages
Annotation
SINCE THEY DO NOT WISH TO ESTABLISH A NEW ORDER BETWEEN PRISONERS AND THE STATE, IT IS UNLIKELY THAT THE COURTS WILL PERMIT PRISONERS TO FORM LABOR UNIONS OR RECOGNIZE THEM AS PUBLIC WORKERS.
Abstract
THE FIRST PRISON UNION WAS FORMED SHORTLY AFTER A STRIKE IN A CALIFORNIA PRISON IN 1970 AND WAS FOLLOWED BY ATTEMPTS BY PRISONERS TO UNIONIZE AT PRISONS IN A DOZEN DIFFERENT STATES AND SEVERAL FOREIGN COUNTRIES. PRISON UNIONS SEEK TO IMPROVE GENERAL LIVING AND WORKING CONDITIONS THROUGH BARGAINING POWER, BUT PRISON UNION COURT DECISIONS REFLECT FEAR OR PRISONER POWER AND ARE INCONSISTENT WITH EACH OTHER OR SIMILAR LABOR CASES INVOLVING FREE WORKERS. IN ADDITION, THEY ARE DEPENDENT UPON PAST PRISON LABOR DECISIONS WHICH EXHIBIT THE SAME INCONSISTENCY AND POOR REASONING. PRISONERS ARE GENERALLY DENIED THE RIGHTS AND BENEFITS OF FREE WORKERS BECAUSE THE INVOLUNTARY NATURE OF THEIR WORK IS ASSUMED TO PRECLUDE AN EMPLOYMENT RELATIONSHIP WITH THE STATE, SINCE THE WORK IS DONE NEITHER FOR THE PRISONER'S LIVELIHOOD NOR THE STATE'S PROFIT. IN SEVERAL PAST CASES, PRISONERS WERE DENIED WORKMEN'S COMPENSATION FOR THESE REASONS. NEVERTHELESS, MANY LEGAL AUTHORITIES DO NOT THINK UNWILLINGNESS CHANGES THE FACT THAT THE PRISONER IS INDEED EMPLOYED AND THUS HAS A WORK RELATIONSHIP. PRISONERS ON WORK RELEASE ARE REGARDED AS EMPLOYED AND GRANTED BENEFITS, EVEN IF THE PRISON CAN END THEIR WORK STATUS AT ANY TIME. IN ADDITION, THE WORK OF THE PRISONER PROFITS THE STATE, AND SINCE PRISONER WORK IS REHABILITATIVE, IT IS CONSIDERED AS PROFITING THE PRISONER. REPRESSION OF PRISONERS' ASSOCIATIONS AND THEIR COMMUNICATION WITH COUNSEL ON A UNION CASE WITHOUT A CLEARLY DEMONSTRATED THREAT TO PRISON SECURITY WAS FOUND TO VIOLATE THEIR CONSTITUTIONAL RIGHTS BY THE SUPREME COURT. HOWEVER, WHEN FACED WITH RECOGNIZING THE LEGALITY OF A PRISON UNION, THAT SAME COURT ARGUED THAT IT MIGHT BE DENIED IF THE PRISON OFFICIALS INVOLVED THOUGHT IT UNSAFE, SINCE THEY ALONE WERE FIT TO JUDGE PRISON SECURITY. THERE ARE SIMILAR INCONSISTENCIES IN DENYING PRISONERS' STATUS AS STATE EMPLOYEES, AND THE ARTICLE LOOKS TO LEGISLATION AS THE ONLY HOPE OF MORE LABOR RIGHTS FOR PRISONERS. IT IS ANNOTATED AND CONTAINS PERTINENT CASE CITATIONS. (PAP)