I joined the ILO as a U.S. labor lawyer. I didn’t know anything about international labor law at the time, because U.S. law schools don’t teach it. I hope to change that.
In 2009, I was a staff attorney at the National Labor Relations Board, and I was bored. Unions knew they would lose if they brought cases to the pro-business Bush administration, and we had nothing to do. I received approval to undertake a three-month secondment to the ILO in Geneva, Switzerland. That led to an international competition, a win, and a permanent move to the Standards Department of the ILO.
At the ILO, I was responsible for maritime labor law — a fascinating field that combines maritime law, the ILO’s fundamental labor rights, and global supply chains. I spent eight years instructing governments, workers, and employers on how to improve labor laws and practices to comply with ratified conventions.
At the ILO, I embraced the Organization’s unique tripartism system (governments, workers, and employers). I watched firsthand how labor systems fell without the genuine commitment of the governments that would eventually be tasked with monitoring and enforcing them. During a catastrophic International Labor Conference in 2012, I witnessed what happens when employers disagree with prescribed processes and standards. In countries, I learned the value of employer buy-in and how to listen to corporations regarding the wages they can afford and the bargaining processes they hoped to follow.
As a consequence, although I joined the ILO as a decisively worker-side-of-the-table lawyer, my approach now is to ensure participation and support from all three actors. Without that support, workers will be no better off; the infractions may just be better hidden.
The values of deliberative dialogue and participation are essential, not only for policymakers but also for law students. Yet mine is the only class at a U.S. law school devoted to international labor law (that I know of). This is a serious disadvantage to our students and to the legal system. Thus, as an aside, if you are a law professor interested in teaching the topic, reach out to me; I am happy to discuss ways to organize the class and share teaching materials.
Desirée LeClercq 