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Annotated Bibliography
-- Unions and Strikes
English
Bleich, Rabbi J. David, “Organized Labor,” “Contemporary Halakhic
Problems, Volume I.” New York: Ktav Publishing House, Yeshiva University
Press, (1977) pp. 186-189. This article, summarizing an article
in a Hebrew halakhic journal, records the late Israeli Chief Rabbi
Kook’s oral response to a head of the Mizrahi party in the ‘30s
about strikes. Rav Kook affirmed the right for workers to strike
and forbade strikebreaking, but emphasized the requirement for labor
to refer their claims to a beit din, a halakhic court, before striking.
The article also mentions that the halakha would confirm the need
to compensate workers during the period they were on strike in societies
where this is common practice.
Bleich, Rabbi J. David, “Teachers’ Unions,” “Contemporary Halakhic
Problems, Volume II.” New York: Ktav Publishing House, Yeshiva University
Press, (1983) pp. 111-113. In Kislev 5741 (1980) Torah Umesorah,
the American Association of Yeshivot and Day Schools, prohibited
its member teachers from joining secular teacher’s unions whose
policies are not necessarily in line with those of the halakha.
Rabbi Bleich, saw the need to present the halakhic perspective on
a teacher’s strike by summarizing two halakhic rulings on the issue
– that of Rabbi Moshe Feinstein, zt”l (Iggerot Moshe, Choshen Mishpat
#59) and that of the Tel Aviv Rabbinical Court (Piskei Din shel
Batei ha-Din ha-Rabbanim, VIII, 160-161). Rav Feinstein rules that
because of the sanctions against interrupting the Torah study of
youth, their right to strike is severely limited. When, however,
they are driven by “pain and poverty”, not only is the strike permissible,
but they are entitled to wage compensation.
Tamari, Dr. Meir, “Trade Unions,” With All Your Possessions:
Jewish Ethics and Professional Life.” New York: The Free Press,
(1987) 149-158. In this section of the book’s chapter on wages
and labor Dr. Tamari deals with unions and strikes from a number
of perspectives: moral and halakhic, economic and historical. He
traces the history of Jewish trade unions and guilds, outlining
the pros and cons of organized labor – insuring quality merchandise
and protecting workers but opening the labor market up to the dangers
of monopoly and restrained competition. On strikes: Dr. Tamari surveys
the responsa literature, pointing out how halakhic authorities emphasize
the need for arbitration in labor conflicts and the prohibition
against violence – either against people or property – during strikes.
Hebrew
Desberg, Uri, “Shvitat Ovdim al pi Ha-Halakha (Worker’s Strikes
according to the Halakha),” in Techumin vol. 5. Alon Shvut, Israel:
Tzomet, (1985) 295-300. This comprehensive bibliography summarizes
the Hebrew halakhic literature on labor strikes, beginning with
a 5633 (1872) responsum concerning a strike by ritual slaughterers
aimed at improving salaries and ending with the late Tel Aviv Chief
Rabbi Halevi’s 5745 (1985) article on the limitations on doctors
during a labor dispute. Every article is succinctly summarized.
Reader response:
from ArIeh Lebowitz -- Worker Rights and Jewish Law and
Tradition
bibliography from the Jewish Labor Committee
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