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Conservative Judaism Turns Left
Steven Malanga 10.27.08, 3:55 PM ET
Over the last decade, union activists have made impressive strides in =
reviving old alliances, which had waned in the 1960s, between the labor =
movement and left-leaning clergy. Joint labor-religious groups have =
become muscular forces advocating union-friendly issues at the =
municipal, state and federal levels (see City Journal's "The Religious =
Left, Reborn").=20

Now, in the latest major victory for the unions, an activist rabbi has =
persuaded the highest legal body of the Jewish Conservative movement to =
recommend that Jewish business owners pay their workers a "living wage" =
and welcome unions into their workplaces.=20

The religious ruling, or teshuvah, of the Committee on Jewish Law and =
Standards--a body within the Rabbinical Assembly, the worldwide =
congregation of Conservative rabbis--assumes a pro-labor position in =
virtually every controversy surrounding wage laws. It also offers =
evidence of an emerging pro-labor drift within the Conservative =
movement, as rabbis push their congregations to embrace "social-justice" =
initiatives.

The teshuvah is largely the work of Rabbi Jill Jacobs, director of =
education for Jewish Funds for Justice, a social justice group that =
steers money from philanthropists to programs that combat, in the =
group's words, "the root causes of domestic social and economic =
injustice." Jacobs, like many clergy who have signed on to labor's =
agenda, wants to use religious law and institutions to help reform what =
she sees as an inequitable economic system.=20

Writing earlier this year in Shofar, a Jewish studies journal, Jacobs =
described herself as "an American disturbed by the systematic injustices =
of this country" and proclaimed that American Jews, who as a group are =
"wealthy and more educated than the norm," have "an obligation to care =
for the members of society who are most in need of protection."

In her teshuvah, Jacobs notes that Jewish religious law holds that =
employers must treat workers with dignity and respect, which she =
interprets to mean a "living wage" in 21st-century America. Though her =
sources on workers' dignity are largely ancient, her definition of a =
living wage is based on a model endorsed by the modern labor movement. =
The teshuvah tells employers that a living wage is "three times the fair =
market rent on a two-bedroom apartment" in the county where the business =
is located, or 130% of the poverty line, or 80% of an area's median =
income.

In New York City, a living wage based on so-called fair market rent =
amounts to about $23 an hour for a 40-hour workweek, or more than three =
times the state's minimum wage. In Chicago, it is $16 an hour, or double =
the Illinois minimum wage.

The ruling also urges Jewish employers to "allow employees the space =
to make their own decisions about unionizations without threats or =
interference on the part of the employer" and to "hire unionized =
employees when possible." To that end, the Committee on Jewish Law and =
Standards explicitly tells employers to give workers the right to =
unionize by card check, a method by which a company forgoes a secret =
ballot and authorizes union representation when half of its workers sign =
their names to cards.

The teshuvah has aroused concern--and opposition--among Conservative =
Jewish business leaders. Marc Gary, general counsel of Fidelity =
Investments in Boston and a non-voting, non-rabbinical member of the =
committee, argued that by wandering into areas of social justice, the =
committee risked "relegating the CJLS to the role of the Movement's =
nanny instead of its authoritative provider of legal guidance."=20

Gary pointed out that the teshuvah considered labor issues almost =
entirely from union leaders' point of view--failing to acknowledge, for =
instance, that many employees oppose the non-secret card check process =
because it exposes them to pressure to join a union.=20

"It is conceivable that employees choose not to join unions because =
unions have been associated in the past with corruption, racism, sexism =
and xenophobia," Gary told the committee. He also noted that much of the =
economic research that the teshuvah cites in favor of a living wage was =
one-sided, and that other, nonpartisan research by economists like David =
Neumark of the University of California at Irvine had concluded the =
living wage often hurts low-income workers by forcing companies to =
eliminate jobs.

The committee issued its ruling despite Gary's dissent, and other =
institutions within the Conservative Jewish movement have also proceeded =
with labor-friendly initiatives. The most significant is a joint effort =
by the Rabbinical Assembly and the United Synagogue of Conservative =
Judaism, which represents congregations throughout North America, to =
create a new level of kosher certification for companies producing food =
for observant Jewish communities--based on the way these companies treat =
their workers.

Unlike traditional kosher designations, which certify that food has =
been produced in accordance with Jewish dietary laws, the new rules, =
known as hekhsher tzedek, require employers to follow a lengthy list of =
wage and benefit guidelines. They "favor" certifying firms that pay =
above industry standards and offer "affordable health insurance," =
retirement plans, paid vacations, sick leave and maternity leave.=20

The new kosher-certification effort will also rate firms on whether =
their employee turnover rate is lower than industry averages; whether =
they have good relations with unions; whether they have efforts in place =
to diversify their workforces to include minorities, women and the =
disabled; and whether they have good environmental track records. The =
new certification is set to go into effect in January 2009.

Says one businessman who has watched the Conservative movement drift =
into pro-labor issues, "Personally, I think this is just the beginning. =
It's not impossible that the Conservative rabbis will, over the next few =
years, come out with anti-Wal-Mart resolutions," as well as other =
rulings, in pursuit of "social justice."

Steven Malanga is senior editor of City Journal and a senior fellow at =
the Manhattan Institute. He is the author of The New New Left, a =
collection of his City Journal essays. This piece was adapted from the =
autumn issue of City Journal.=20