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1、原文：Job Security in the Building Industry And High Quality Low-Rent Housing This article is concerned with the labor and the urban renewal aspects of theproblems of job security in the building industry and high quality low-rent housing.The author is an assistant United States attorney in the Souther
2、n District of New York. HE SUPREME COURT DECISION that collective bargaining agreements in thebuilding trades may permit employees to re-fuse to work on prefabricated materialsfocuses attention on the problem of job security in the building industryand how itcan be protected at the same time that hi
3、gh quality housing at low rents is provided forthose not now able to obtain it.Groups Involved in This Problem Building trades employees are vitally concerned about the security of their jobswhich may be threatened by building methods which use less labor. This concerncomes on top of job insecurity
4、due to the ups and downs of construction, the seasonalnature of some types of construction work, and the fact that there is usually nopermanent employer, but merely jobs on particular pieces of construction work. Citizens living in overcrowded or dilapidated housing who cannot afford to payluxury ap
5、artment rents are vitally affected by the high level of building costs. This isparticularly true of those whose access to the housing market is limited by racialdiscrimination. All citizens in metropolitan areas are affected by blight caused in part bysubstandard housing, which i f not eliminated, t
6、ends to spread. Taxpayers are necessarily affected by the amount of housing which can beobtained in return for public investment in housing programs. The nation as a whole is affected both by the degree to which high and steady employment at good rates of pay can be assured in major industries of wh
7、ichconstruction is one of the most important,and by the degree to which the problems ofour central cities can be effectively dealt with for the benefit of all and as an examplepertinent to the struggle for mens minds throughout the world. The vital character of each of these interests is clear. The
8、importance of jobsecurity to employees hardly needs underlining. And one of the primary purposes oftrade unionism has always been to promote job protection. This function isparticularly crucial in the building industry because of seasonal and other changes inconstruction activity and the absence of
9、any single long-term employer for theparticular employee.Employees in widely differing industries have reacted to thethreat posed by job insecurity in a variety of ways,including:Formal and informal restrictios on the amount of work an employee may do in orderthat the employees do not work themselve
10、s out of a job, a danger which can affectthe livelihood of each member of the group; Refusal to work on prefabricated materials which pose a threat to jobs or toutilize technological devices such as paint rollers which might eliminate the need for labor; Use of influence to obtain legislation requir
11、ing standards of various kinds whichmaximize the amount of labor needed of which the ful crew laws in the railroadfield are an example ; Inclusion of restrictions in union laws and constitutions dealing with who is to beallowed to do particular types of work and how it is to be done; Limitations of
12、various kinds on the possibility of outside employees competingfor scarce jobs; Efforts to compensate for periods of lack of availability of work, includingseasonal slack periods, by ob taining high hourly wage rates for work performed.Government Action Unsuccessful Governmental action has been atte
13、mpted from time to time to break up thesepractices, but it has not been accompanied by any substitute means of assuring jobsecurity to the em,ployees involved. Perhaps in part for this reason, it has proved unsuccessful.On the other hand, in several industries in different situations, ways ofprotect
14、ing employees threatened with job loss due to technological change have beenworked out so as to permit an end to practices otherwise considered necessary tomaintain the number of available jobs. The arbitration award in the 1963 railwaydispute rendered under a federal statute providing for compulsor
15、y arbitration limitedto the specific dispute provided for elimination of some railway jobs but protectionof jobs of existing employees. The additional positions when vacant were,in general,simply not to be filled.Such an approach could be considered because railroads arestrongly stable institutions
16、with identifiable employees who have built up senioritywith particular carriers.Present Methods LackingThe vital and legitimate interest of building trades employees and their unions injob protection is of inescapable importance in considering how to promote highquality low-rent housing. But the con
17、sequences of our present methods of promotingjob security in the building industry have serious implications which are likely toendanger constructive progress in housing and perhaps in the end to endanger jobsecurity itself.By preventing the use of labor-saving technology, present methods raisebuild
18、ing costs. This tends to make it impossible to build decent housing at low or evenmoderate rents. Hence the rebuilding of dilapidated areas of our cities becomes mostdifficult unless the rebuilt housing is to be inaccessible to former residents of the areabecause of its high cost. The result is eith
19、er that new housing for such areas is built atminimum rockbottom cost and is deemed undesirable, giving a bad name to housingprograms, or that former resident must be ousted from their homes and crowded intoworse housing, new decent housing being unavailable due to its cost as well as toracial discr
20、imination where the residents are members of minority groups. The wider ramifications of the blockage of new decent housing at low rents areplain. Former residents of rebuilt areas, often confined within a ghetto bydiscriminatory realty markets, must take the best housing offered. As soon as an area
21、becomes integrated and open to minority occupancy, the pressure of desperate needfor decent housing tends to bring about its resegregation as part of the ghettobecause of the shortage of new housing at rents within the residents reach,among other reasons. Fear of incorporation into the ghetto causes
22、 residents outside theghetto to strengthen their resistance to integration. This confines the market availableto residents in the ghetto and increases the pressure upon them to move into anyopening in previously unavailable housing which may become available. Thus the vicious circle continues and ex
23、pands. Fear and bitterness by outsideresidents who do not want to be incorporated into ghettos communicates itself. Anentire climate of despair, frustration and anger is developed in what become opposingparts of a city. Crime, violence and riots born in part of frustration based uponattitudes on bot
24、h sides and upon bitterness over conditions including housing intensifythis unhealthy atmosphere. Resistance to urban renewal which injures rather than helps residents of theareas to be renewed may well lead to loss of jobs in the construction industry. Jobsecurity may suffer in other ways also. Obj
25、ection to the consequences of the measuresnow used to protect jobs may result in assaults upon these methods which could besuccessful in eliminating them without anything else being put in their place. The factthat four Justices voted to hold agreements not to use prefabricated materials illegalunde
26、r present law is an indication of this. (In Congressional-debates on presentprovisions. Senator John F. Kennedy had said thatexemptions from certain hot cargoprovisions for the construction industry did not exempt boycotts of goodsmanufactured in an industrial plant for installation at the job site.
27、) The dilemma is therefore clear.For highly specific reasons as well as for reasonsapplicable to other industries as well, means to assure job security are vital in thebuilding industry. At the same time, present methods of doing this have consequenceswhich will become more and more difficult to tol
28、erate.Comparison with Other FieldsA comparison to what is done in other fields may be helpful. A wide range ofmeasures ranging from supplemental unemployment benefits to retraining allowanceshave been established in various industries, but these are merely palliatives. No unionleader could accept su
29、ch measures as a substitute for existing work restrictions and retain the support of the rank and file. In any event, we need more rather than lesswork in the building industry if the cost can be lowered to the residents of the housingto be built. This would mean more jobs and more job security, not
30、 less. How can this potential be unlocked? One answer lies in the expectation thatlower costs would widen the market, as they did for automobiles in the 1920s. Butagain this offers no assurance to a particular employee or group of employeesthat they will be protected. Alone it cannot be a sufficient
31、 answer. Executives are employed for an annual salary, often under a contract whichguarantees them payment over a period of more than one year. If a building industryemployee were offered a contract guaranteeing him payment of wages over athree-year period at an annual rate greater than the take-hom
32、e pay he previouslyreceived during a similar period, he would gain financially and also obtain far greaterjob security than before. Such a transition to annual rather than hourly payment wouldalso benefit the public through lower building costs, since the public now pays higherhourly wages than in o
33、ther industries partly to compensate the employee for periodswhen he will not be working. This might still not be enough, however, to assurecontinued job security for employees i f the total amount of construction to be donewere not guaranteed to be such as to employ the full work force. A situation
34、 in wbichsome workers had three-year contracts at lucrative salaries while others were out ofjobs would hardly be attractive. Further, there would need to be assurance that tbehigh level of employment would be maintained into the future.Costs and Benefits of the Program What, then, would be the cost
35、s and benefits of such a program? In consideringthe cost, we must not fall into the ancient error of assuming that there is a constantsupply of money in existence and that if we use funds for housing we must cutsomewhere else. On the contrary,our money supply and financial institutions are mostelast
36、icit is resources which can be scarce and inelastic. If we expand the supply ofcurrency without expanding our resources, the effect can be inflationary.In the case ofthe building industry,we have a reserve of unused resources in the form of unusedtechnological advances and partial use of manpower (m
37、embers of one trade are not allowed to fill in on the work of others during their own slack times on a job or duringseasonal unemployment in their own trades, etc.). If the need for these restrictions is eliminated by a program assuring job securityand full use of resources,a great unleashing of cap
38、abilities is possible. It is alsopertinent that the resources involved in a program of building of housing, schools andother such facilities are not in general the same as those involved in whatever militaryefforts the country may find it necessary to sustain. To obtain the maximum benefits from suc
39、h an effort, the widest communityparticipation and efforts to bring together all of the interests at stake would benecessary. With a greatly expanded program of construction, for example, it should bepossible to employ central city residents previously not in the building industrywithout threatening
40、 the job opportunities or job security of any of its presentemployees. It should be possible to permit each area to participate in planningchanges to take place within it. The legitimate needs of no group affected would haveto be ignored.Conclusion Perhaps one of the groups which could benefit most
41、from such a program wouldbe residents of suburbs.The outward pressure of persons seeking to leave the centralcity would tend to be overcome over a sufficient period of time i f conditions in thecities were made attractive.The suburbs would thus be permitted to retain theirsuburban character,which wo
42、uld otherwise be lost. And it should not be forgotten thatblight anywherelike hatred, fear and despairis not confined by boundary linesand will spread to us wherever we are unless its causes are overcome.An effort toovercome these causes must of course include concern with such problems as bothfairn
43、ess and effectiveness in law enforcement, better education, and expanding oppor-tunity for all citizens in every field of life regardless of background. It must alsoinclude a concentrated attack on the twiri needs of decent housing for the cities atreasonable rents and job security in the building i
44、ndustry. These tasks are vital not forourselves alone, but also for the future of the children of all of us and as an exampleto the entire world of the energy of a free society.Source: Givens, Richard A.Labor Law Journal; Issue 8,1998（8）：p468-477译文：建筑行业中的工作保障和高质廉租房此文旨在关注建筑行业的就业保障问题和高质廉租住房的冲突中，劳动力和城市
45、重建方面的因素。作者系来自美国纽约南部的一位助理律师。他极力推崇如下情形：在建筑贸易过程中，成规模的协商为受雇者提供了拒绝在预制材料上工作的可能，转而更多的关注建筑行业中的就业保障问题同时也关注着是否保障该行业就业的同时，能够顾及到那些因为买不起房子而需要高质廉租房的人群。此问题中涉及的群体：建筑业的受雇者最担心的莫过于建筑方式的革新而造成的劳动力需求量下降，是否会影响到自己的饭碗。此顾虑由于如下三个原因而攀上了工作不稳定因素榜的榜首：建筑业本身的起伏，某些建筑领域本就存在的淡旺季现象和建筑行业中除了极个别领域外，打工者所具有的极大的流动性。租不起豪华住宅的市民往往居住在拥挤的或破烂不堪的居室
46、里。此现象对于住房市场中因种族问题而被歧视的人群尤为严重。在一线城市的居民中，因住房条件恶劣而导致的萎靡的现象，如果不加以控制，将日益泛滥开来。房市在住房规划的公共事业投资中受益匪浅，纳税人自然有必要在从房市中获得好处。国家，作为一个整体，将受如下两个相互制约的方面各自所占比例影响：其一是在建筑质量占极重要地位的主要产业中所需要的，用以确保工程施工效率和完工质量的高薪和稳定的劳工合同；其二是一线城市中发生的，但在确保达到目标的前提下能够被迅速有效地解决的难题(例如人类思想在传播过程中的艰辛)。这些因素中最举足轻重的一项显而易见即是就业保障。而成立工会的主要目的也往往是保住就业边缘人群的饭碗。也
47、正是因为建筑工程的季节限制和其他不确定因素，工会的此项功能在建筑行业中尤为重要。各行的从业人员都对就业情形的恶化纷纷作出反应。 这些包括： 正式或非正式地限制工作时间，以防“因为工作把自己弄得殚精竭力”。因为那将影响到所有的团队成员的生活； 拒绝在预制材料上作业，因为那有可能危及工作；也拒绝使用高端设备(例如油漆滚筒)来工作，因为那将压缩就业空间； 通过影响力来促进制定最大化劳动力需求量的各种法规(其中铁道范畴内的即为一例)； 在处理规定谁可以做某项工作和具体如何完成的宪法和法律中夹以限制； 对多种户外稀缺项目的员工夹以限制； 尝试对可工作时间内因其他因素（如淡旺季）而造成的无法工作现象进行适
48、当的补偿。具体措施可以是提高在工作时间内的单位时间收入。 政府干预并不成功 政府一直都在努力破坏这些尝试，但这些尝试并没有同时解决就业保障问题的意思。或许正是因为如此，这些尝试最后都失败告终。“另一方面，在某些领域的某些工厂中，工作的稳定性受到技术革新的严峻挑战，因为技术革新意味着工厂可以用机器代替大量员工。”1963 年对铁道争议的仲裁提供了联邦规约。该规约提供了限制某些争议的强制仲裁，并在铁道施工项目中对在职员工就业保障提供了严格的限制和保护。一般说来，会有额外的工作岗位空缺时，并不补充人员。这样的尝试因为铁道工业的极强的稳定性，其工作人员也是登录在案并且通常资历颇深。 缺乏有效的手段 建筑工业中不同集团间的员工交流重要且合