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A law professor worries Israel could become the next Hungary

(JTA) — Israel’s new governing coalition has been called the “most right-wing” in the nation’s history. That’s heartening to supporters who want the country to get tough on crime and secure Jewish rights to live in the West Bank, and dismaying to critics who see a government bent on denying rights to Israel’s minorities and undermining any hope for a peaceful solution to the Israeli-Palestinian conflict.

While the far-right politics of new government ministers Bezalel Smotrich and Itamar Ben Gvir have drawn much of the world’s attention, a series of proposed changes to Israel’s judicial system has also been raising hopes and alarms. On Wednesday, new Justice Minister Yariv Levin announced an overhaul that would limit the authority of the High Court of Justice, Israel’s Supreme Court. It would put more politicians on the selection committee that picks judges, restrict the High Court’s ability to strike down laws and government decisions and enact an “override clause” enabling the Knesset to rewrite court decisions with a simple majority.

Levin and his supporters on the right justify these changes as a way to restore balance to a system that he says puts too much control in the hands of (lately) left-leaning judges: “We go to the polls, vote, elect, and time after time, people we didn’t elect choose for us. Many sectors of the public look to the judicial system and do not find their voices heard,” he asserted. “That is not democracy.”

Critics of the changes call them a power grab, one that will hand more leverage to the haredi Orthodox parties, remove checks on the settlement movement and limit civil society groups’ ability to litigate on behalf of Israeli minorities

To help me make sense of the claims on both sides, I turned to Tom Ginsburg of the University of Chicago, where he is the Leo Spitz Distinguished Service Professor of International Law and co-directs the Comparative Constitutions Project, which gathers and analyzes the constitutions of all independent nation-states. He’s also a Jew who has transformed a former synagogue on the South Side of Chicago into a cutting-edge arts space, and says what’s happening with Israel’s new governing coalition “raises my complicated relationship with the country.”

We spoke on Friday. Our conversation has been edited for length and clarity.

Jewish Telegraphic Agency: You have written about law in Israel, which lacks a constitution but relies on a series of “basic laws” to define its fundamental institutions. You’ve written that the Israeli judiciary had become “extremely powerful” — maybe too powerful — in imbuing the basic laws with a constitutional character, but worry that the current reforms will politicize the court in ways that will undermine Israeli democracy.

Tom Ginsburg: The proposed reforms were a campaign promise of certain elements of this coalition who have had longstanding grievances against the Israeli judiciary. The Israeli judiciary over the last decades has indeed become extremely powerful and important in writing or rewriting a constitution for Israel, promoting human rights and serving as a check and balance in a unicameral parliamentary system where the legislature can do anything it wants as a formal matter. A lot of people have had problems with that at the level of theory and practice. So there have been some reforms, and the court has, in my view, cut back on its activism in recent decades and in some sense has been more responsive to the center of the country. But there’s longstanding grievances from the political right, and that’s the context of these proposals.

A lot of the concerns about the new government in Israel are coming from the American Jewish left. But in an American context, the American Jewish left also has a big problem with the United States Supreme Court, because they see it as being too activist on the right. So in some ways isn’t the new Israeli government looking to do what American Jewish liberals dream of doing in this country?

Isn’t that funny? But the context is really different. The basic point is that judicial independence is a really good thing. Judicial accountability is a really good thing. And if you study high courts around the world, as I do, you see that there’s kind of a calibration, a balancing of institutional factors which lead towards more independence or more accountability and sometimes things switch around over time. 

Israeli Justice Minister Yariv Levin holds a press conference at the Knesset, the Israeli parliament in Jerusalem, Jan. 4, 2023. (Olivier Fitoussi/Flash90)

You mean “accountability” in the sense that courts should be accountable to the public. 

Right. The Israeli promoters of these plans are pointing to the United States, in particular, for the proposals for more political involvement in the appointment process. On the other hand, in the United States once you’re appointed politically, you’re serving for life. There’s literally no check on your power. And so maybe some people think we have too much independence. If these proposals go through in Israel, there will be a front-end politicization of the court [in terms of the selection commission], but also back-end checks on the court [with the override clause that would allow a simple majority to reinstate laws struck down by the Supreme Court]. So in some sense, it moves the pendulum very far away from independence and very much towards accountability to the point of possible politicization.

And accountability in that case is too much of a good thing.

Again, you don’t want courts that can just make up rules. They should be responsive to society. On the other hand, you don’t want judges who are so responsive to society that there’s no protection for the basic rights of unpopular minorities. 

What makes Israel either unique or different from some of the other countries you study, and certainly the United States? Part of it, I would guess, is the fact that it does not have a constitution. Is that a useful distinction?

They couldn’t agree on a single written constitution at the outset of the country, but they have built one through what you might call a “common law method”: norms and practices over time as well as the system of “basic laws,” which are passed by an absolute majority of the Knesset, where a majority of 61 votes can change any of those. But while they’re not formally entrenched, they have a kind of political status because of that term: basic law. 

By the way, the Germans are in the same boat. The German constitution is called the Basic Law. And it was always meant to be a provisional constitution until they got together and reunified.

If you don’t have a written constitution, what’s the source of the legitimacy of judicial power? What is to prevent a Knesset from just passing literally any law, including ones that violate all kinds of rights, or installing a dictator? It has been political norms. And because Israel has relied on political norms, that means that this current conflict is going to have extremely high stakes for Israeli governance for many decades to come.

Can you give me a couple of examples? What are the high stakes in terms of democratic governance?

First of all, let me just say in principle that I don’t oppose reforms to make the judiciary more independent or accountable in any particular country. But then you obviously have to look at the local context. What’s a little worrying about this particular example is that several members of this coalition are themselves about to be subject to judicial proceedings. 

Including the prime minister, Benjamin Netanyahu.

Right. And for example, they need to change the rules so that [Shas Party chairman] Aryeh Deri can sit in the cabinet despite his prior convictions. That indicates to me that maybe this isn’t a good-faith argument about the proper structure of the Israeli, uncodified constitution, but instead a mechanism of expediency.

Any one of these reforms might look okay, and you can find other countries that have done them. The combination, however, renders the judiciary extremely weak. Right now, it’s a multi-stakeholder commission that nominates and appoints judges in Israel, and the new coalition wants to propose that the commission be made up of a majority of politicians. We know that when you change the appointments mechanism to put more politicians on those committees, the more politicized they become.

Think about the United States process of appointing our Supreme Court judges: It’s highly politicized, and obviously the legitimacy of the court has taken a big hit in recent years. In Israel, you’d have politicized appointments under these reforms, but then you also have the ability of the Knesset to override any particular ruling that it wanted. Again, you can find countries which have that. It’s called the “new commonwealth model” of constitutionalism, in which courts don’t have the final say on constitutional matters, and the legislature can overrule them on particular rulings. But I think the combination is very dangerous because you could have a situation where the Knesset — which currently has a role in protecting human rights — can pick out and override specific cases, which really to me goes against the idea of the rule of law.  

You mentioned other countries. Are there other countries where these kinds of changes were enacted and we saw how the experiment turned out?

The two most prominent recently are Hungary and Poland, which are not necessarily countries that you want to compare yourself to.

Certainly not if you are Israel.

Right. There’s so much irony here. When the new Polish government came in in 2015, they immediately manipulated the appointment system for the Constitutional Court and appointed their own majority, which then allowed them to pass legislation which probably would have been ruled unconstitutional. They basically set up a system where they were going to replace lower judges and so they were going to grow themselves into a majority of the court. And that’s led to controversy and rulings outside the mainstream that have led to protests, while the European Union is withholding funds and such from Poland because of this manipulation of the court.

In Hungary, Victor Orban was a really radical leader, and when he had a bare majority to change the constitution he wiped out all the previous jurisprudence of the Constitutional Court. I don’t think the Israeli government would do that. But still there is this kind of worrying sense that they’re able to manipulate interpretation of law for their own particular political interest. 

Another thing I want to raise is the potential for a constitutional crisis now. Suppose they pass these laws and the Israeli Supreme Court says, “Well, wait a minute, that interferes with our common law rules that we are bound by, going back to the British Mandate.” It conflicts with the basic law and they invoke what legal scholars call the “doctrine of unconstitutional constitutional amendments,” which is basically saying that an amendment goes against the core of our democratic system and violates, for example, Israel’s character as a Jewish and democratic society. Israel has never done this, but it is a kind of tool that one sees deployed around the world in these crises. And if that happened, then I think you would have a full constitutional crisis on your hands in Israel.  

Supreme Court President Aharon Barak speaks with Prime Minister Benjamin Netanyahu during a ceremony in the Supreme Court marking 50 years of law, Sept. 15, 1998. (Avi Ohayon)

What does a constitutional crisis look like? 

Suppose you have sitting justices in Israel who say, “You know, this Knesset law violates the basic law and therefore it’s invalid.” And then, would the Knesset try to impeach those judges? Would they cut the budget of the judiciary? Would they back down?

When you compare Israel’s judicial system to other countries’ over the years, how does it stack up? Is it up there among the very strong systems or is it known for flaws that might have maybe hobbled its effectiveness?

It’s always been seen around the world as a very strong judiciary. Under the leadership of Aharon Barak [president of Israel’s Supreme Court from 1995 to 2006] it became extremely activist. And this provoked backlash in Israeli politics. That led to a kind of recalibration of the court where it is still doing its traditional role of defending fundamental rights and ensuring the integrity of the political process, but it’s not making up norms left and right, in the way that it used to. This is my perception. But it’s certainly seen as one of the leading courts around the world, its decisions are cited by others, and because of the quality of the judges and the complex issues that Israel faces it’s seen as a strong court and an effective court and to me a balanced court.

But, you know, I’m not in Israel, and ultimately, they’re going to figure out the question how balanced it is or where it’s going to go. I do worry that an unchecked majoritarian system, especially with a pure proportional representation model like Israel, has the potential for the capture of government by some minorities to wield power against other minorities. And that’s a problem for democracies — to some degree, that’s a problem we face in the United States.

How correctable are these reforms? I am thinking of someone who says, “These are democratically elected representatives who now want to change a system. If you want to change the system, elect your own majority.” Is the ship of state like this really hard to turn around once you go in a certain direction?

This is an area in which I think Israel and the United States have a lot of similarities. For several decades now, the judiciary has been a major issue for those on the political right. They thought the Warren Court was too left-leaning and they started the Federalist Society to create a whole cadre of people to staff the courts. They’ve done that and now the federal courts are certainly much more conservative than the country probably. But the left didn’t really have a theory of judicial power in the United States. And I think that’s kind of true in Israel: It’s a big issue for the political right, but the political left, besides just being not very cohesive at the moment, isn’t able to articulate what’s good about having an independent judiciary. It is correctable in theory, but that would require the rule of law to become a politically salient issue, which it generally isn’t in that many countries. 

How do you relate to what is happening in Israel as a Jew, and not just a legal scholar?  

That’s a great question, because it really raises my complicated relationship with the country. You know, I find it to be a very interesting democracy. I like going to Israel because it’s a society in which there’s a lot of argument, a lot of good court cases and a lot of good legal scholars. On one level, I connect with my colleagues and friends there who seem very demoralized about this current moment. And I honestly worry about whether this society will remain a Jewish and democratic one with the current coalition. 

The rule of law is a part of democracy. You need the rule of law in order to have democracy function. And I know others would respond and say, “Oh, you’re just being hysterical.” And, “This isn’t Sweden, it’s the Middle East.” But the ethno-nationalist direction of the country bothers me as a Jew, and I hope that the court remains there to prevent it from deepening further.


The post A law professor worries Israel could become the next Hungary appeared first on Jewish Telegraphic Agency.

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Fire at Mississippi’s largest synagogue under federal investigation after arrest

A suspect is in custody as authorities investigate a weekend fire that damaged Mississippi’s largest synagogue, which has been attacked before.

The fire broke out around 3 a.m. Saturday at Beth Israel Congregation, the only synagogue in Jackson, the state capital. Investigators said the blaze originated in the synagogue’s library, burning it and the offices. Soot and smoke damaged the rest of the building, including the sanctuary.

Two of the synagogue’s Torahs, kept in the library, were burned in the fire; another five in the sanctuary were damaged. An additional Torah, rescued from the Holocaust, was behind a glass case and survived the fire.

“At this time, we do have a person in custody for the fire,” said Division Fire Chief Charles Felton, who is overseeing the investigation. The arrest was made at about 8 p.m. Saturday, he said.

Felton said the FBI is now involved and is expected to pursue federal charges, including determining whether the fire qualifies as a hate crime. Local authorities made the initial arrest before federal investigators stepped in, he said.

A reporter who was inside the building before federal authorities secured the scene described extensive damage. Allen Siegler, a reporter with Mississippi Today, said the interior was “very dark and ashen.”

“It was wet — puddles of ashes,” Siegler told the Forward.

Soot and smoke damaged the entire building of Beth Israel Congregation in Jackson, Mississippi.
Soot and smoke damaged the entire building of Beth Israel Congregation in Jackson, Mississippi. Courtesy of Beth israel Congregation

Jackson Mayor John Horhn said the fire was an attack not only on the Jewish community, but on the city itself.

“Acts of antisemitism, racism, and religious hatred are attacks on Jackson as a whole and will be treated as acts of terror against residents’ safety and freedom to worship,” Horhn said in a statement. “Jackson stands with Beth Israel and the Jewish community, and we’ll do everything we can to support them and hold accountable anyone who tries to spread fear and hate here.”

A congregation shaped by fire — and defiance

Beth Israel Congregation, which counts around 150 member families, has anchored Jewish life in Jackson since the Civil War, its history closely tracking both the growth of the city and the persistence of a small but visible Jewish community in Mississippi’s capital.

Founded in the early 1860s, the congregation built Mississippi’s first synagogue — a modest structure on South State Street that doubled as a schoolhouse. It burned in an 1874 fire, a common fate of 19th century wooden buildings, though the cause of the fire is not recorded. The congregation built a new brick structure on the same site, dedicated in 1875.

As Jewish families moved within Jackson, Beth Israel moved with them, relocating first to Woodrow Wilson Avenue and, in the 1960s, to its current home in northeast Jackson.

By the mid-20th century, Beth Israel had become the largest Jewish congregation in the state and a familiar civic presence in a predominantly Christian city — a visibility that brought both belonging and risk.

In September 1967, Ku Klux Klan members bombed the synagogue just weeks after the building was dedicated, damaging the rabbi’s office and library. The home of Rabbi Perry Nussbaum, a vocal supporter of the civil rights movement who had helped the Freedom Riders, was also bombed shortly afterward. No one was injured, and the congregation held High Holiday services in the building that same year.

Rabbi Valerie Cohen, who led Beth Israel from 2003 to 2014 and is now at Temple Emanuel Sinai in Worcester, Massachusetts, said the echoes between past and present were impossible to miss.

“The majority of the damage is in the same place as the bombing,” said Cohen, 54.

Jackson firefighters investigate a fire at Beth Israel Congregation synagogue in Jackson, Mississippi, on Jan. 10, 2026.
Jackson firefighters investigate a fire at Beth Israel Congregation synagogue in Jackson, Mississippi, on Jan. 10. Photo by Allen Siegler/Mississippi Today

The fire felt especially disorienting, she said, because she had been inside the building just days earlier.

“That made this moment sad and surreal and awful,” Cohen said. “I was just there last Shabbat, officiating at a wedding for one of my bar mitzvah students from there that is all grown up now. I participated in the Torah study on Saturday morning in the library, led by their current spiritual leader.”

Cohen described Beth Israel as “very resilient throughout the years” and “very integral” to the Jackson community, noting that many non-Jewish residents know the synagogue through its longtime preschool and annual bazaar.

Despite the damage, congregants say Jewish life in Jackson will continue.

Tamar Sharp, 67, a member of Beth Israel since 2006, is scheduled to celebrate her adult bat mitzvah this coming Shabbat — even if it must be held in a borrowed space with a borrowed Torah.

“Absolutely,” Sharp said. “The show must go on.”

The post Fire at Mississippi’s largest synagogue under federal investigation after arrest appeared first on The Forward.

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An arsonist torched a Mississippi synagogue. It feels hauntingly familiar.

A Mississippi synagogue has just been destroyed by hateful actors – and it is not the first time.

I am talking about what happened Saturday morning. An arsonist set fire to the historic Beth Israel Congregation in Jackson, Mississippi. By the time the flames were extinguished, much of the building was destroyed and rendered unusable.

According to reporting by Mississippi Insider, the fire tore through parts of the building, damaging sacred objects, prayer books, and decades of communal memory. Firefighters were able to prevent a total collapse, but the synagogue — founded in 1860 and one of the oldest Jewish congregations in the state — will not be able to function as a house of worship for the foreseeable future.

I am experiencing historical déjà vu. On September 18, 1967, white supremacists bombed Beth Israel in retaliation for the civil rights activism of its rabbi, Perry Nussbaum. Rabbi Nussbaum was a visible ally of Black leaders in Jackson, including Medgar Evers, and his moral courage made him a target. Shortly thereafter, they bombed Rabbi Nussbaum’s home as well. He survived. The building was rebuilt.

Those attacks followed a grim and unmistakable American tradition. For several years, I served The Temple in Atlanta, and congregants still spoke in hushed tones about where they were on the morning of October 12, 1958, when The Temple was bombed by white supremacists angered by Rabbi Jacob Rothschild’s outspoken support for civil rights. That bombing is often remembered as the most infamous attack on a religious building in American history, but what many forget is that it did not stand alone. In the year leading up to it, synagogues in Miami, Nashville, Birmingham, and Jacksonville were also bombed.

Synagogues have succumbed to flames throughout Jewish history. On Kristallnacht, November 9–10, 1938, the Nazis and their collaborators burned or destroyed more than 1,400 synagogues across Germany and Austria. That night was not a spontaneous riot; it was a dress rehearsal for annihilation. And the line of fire stretches further back still, to the Roman destruction of the Second Temple in 70 CE, and before that to the Babylonian destruction of the First Temple in 586 BCE.

Beth Israel is not just a building. It is a witness. It is a repository of Jewish persistence in a place where Jews have lived as a tiny minority for generations, carving out space for faith, community, and civic engagement in the Deep South. To see it burned is to feel a familiar Jewish nausea, the sickening recognition that this story has been told before — far too many times.

Beth Israel in Jackson burned on Shabbat, coinciding with the Torah portion of Shemot, as we read in the book of Exodus about the burning bush — a bush that burns but is not consumed by flames. Such is Jewish history.

An American tradition?

What disturbs me most is not only the act itself, but its familiarity.

I mentioned my time in Atlanta. I also served as a rabbi in Columbus, Georgia. When I look back on my career, I realize that I have spent no fewer than twenty years serving Jewish communities in the South — and yes, I include South Florida in that number.

During those years, I learned a profound respect for Jews in small Southern communities who tenaciously maintain their synagogues in the face of demographic shrinkage, economic pressure, and cultural isolation. When those synagogues close, as too many do, the community must make sure that there are homes for their Torah scrolls and ritual objects. This is sacred labor, often carried out quietly and without recognition.

Most Americans do not realize that a surprisingly large percentage of Reform synagogues in this country look far more like Beth Israel in Jackson than like the caricature of the large, affluent suburban congregation. The heart of Reform Judaism beats in small, struggling, historic communities. That is why the fire in Jackson sears the Jewish soul. It could be any synagogue. And in my darkest fears, I believe there will be more.

Right about now, some of you are saying, “Well, what did you expect? Look at what has happened in Gaza, and the Palestinians, and Netanyahu…”

If you are saying this, your foolishness betrays you. No one vandalizes Russian Orthodox churches in America because of Vladimir Putin. No one boycotts Chinese restaurants because of China’s persecution of the Uyghurs. And no one should ever suggest that victims of violent bigotry are responsible for the hatred directed at them. We would never say this about any other group. We must not say it about Jews.

The raw truth is what historian Pamela Nadell names so clearly in her indispensable new book, Antisemitism: An American Tradition

Pamela does not only name and record the incidents of antisemitism that have occurred over the years. She shows that antisemitism is, in fact, an American tradition. It has always been with us, sometimes polite, sometimes lethal, often lying dormant like an autoimmune disease, flaring up when fear, desperation, and social change demand a scapegoat.

An issue for all faiths

Not only because of what has happened, but because of what I fear will follow — not only imitation, but silence. As I write these words, I do not know whether this arson will merit national attention, whether it will appear in The New York Times or vanish into the vast archive of shrugged-off hate. I hope my fears are wrong.

I also wonder who will speak. Will our most trusted chroniclers of American moral life take notice? I admire historian Heather Cox Richardson deeply, and I hope she will address antisemitism with the same moral clarity she brings to other threats to democracy. Because it cannot be that even in the warmest of hearts there is a cold spot for the Jews.

I often think of an artifact I have seen at the United States Holocaust Memorial Museum in Washington, D.C. It is a Torah ark ripped from the wall of a synagogue in Essen, Germany, hurled into the street. Carved into it are the words, “Know before whom you stand.” But those words were deliberately chiseled away by a vandal, as if to declare that there is no one before whom we stand, no God whose presence must be reckoned with — because we are destroying the place where that God so often comes to dwell.

That is why I am turning now to my readers who are not Jewish. I am calling on Christian pastors, Muslim imams, and religious leaders of every tradition to denounce what happened in Jackson this coming weekend. Because just as we rightly said when Black churches were burned, any attack on a house of worship is not only an attack on one community. It is an assault on the very idea that holiness has a place in public life.

And that, ultimately, is an attack on God.

The post An arsonist torched a Mississippi synagogue. It feels hauntingly familiar. appeared first on The Forward.

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Can Breads Bakery workers really demand that the Israeli owners cut ties with Israel? Labor experts weigh in.

(New York Jewish Week) — The news that workers at Breads Bakery, an Israeli chain in New York City, were demanding “an end to this company’s support of the genocide happening in Palestine” as part of a union push has triggered concerns among those worried about surging anti-Israel sentiment in the United States.

“This is going to spread,” Deborah Lipstadt, the former United States special envoy for monitoring and combating antisemitism, wrote on X Thursday. “This is not spontaneous, This is part of an effort to marginalize Jews and Israel.”

But is an Israel boycott as a union demand even possible to achieve? Do workers have rights when it comes to protecting their beliefs about Israel? What role are unions playing in anti-Israel advocacy? And what might happen next at Breads?

To answer these questions, we reached out to two labor scholars — Harry C. Katz, the director of the Scheinman Institute on Conflict Resolution at Cornell University, and Samuel Estreicher, an attorney and scholar on labor and employment law and arbitration law at New York University. We also visited a rally by Breads’ supporters on the Upper West Side on Friday afternoon.

Here’s what we learned.

Is it common for workers to press for political concessions as part of their unionization efforts?

The Breaking Breads workers are doing something unusual, Katz said. He said he was not aware of other examples of employees making demands related to Israel as part of a unionization effort.

“There are unions who have taken out political stances, but the stances are ‘we oppose the Netanyahu government,’ or ‘we oppose the invasion of Gaza,’ ‘we are sympathetic to BDS,’” he said. “They’re allowed to take that stance, but they have not done what you’re asking about.”

Of course, unions can and do use their might to advance political agendas. But that often happens in the advocacy space, with unions reminding decision-makers that they represent a powerful voting bloc, not in bargaining within individual units.

The insertion of Israel demands in a unionization announcement reflects an anti-Israel swing within swaths of organized labor in the United States and beyond.

In December 2023, United Auto Workers, the union that Breaking Breads has filed under, became the largest union to call for a ceasefire in Gaza. It was a sharp departure for the union, which had previously been staunchly supportive of Israel.

In March 2025, UAW came to the defense of two members at Columbia University who had been involved in pro-Palestinian protests there, including Grant Miner, who headed a union chapter representing 3,000 undergraduate and graduate students employed at the school before being expelled.

The “assault on First Amendment rights being jointly committed by the federal government and Columbia University are an attack on all workers who dare to protest, speak out, or exercise their freedom of association under the US Constitution,” UAW said in a statement at the time.

UAW national and the local group representing Breaking Breads, as the union is calling itself, both did not respond to a request for comment.

What are the chances of the Breads workers getting what they want when it comes to Israel?

Slim to none, Katz and Estreicher both said.

For one thing, it’s far from assured that Breaking Breads will even succeed in being recognized as a bargaining union. The employees announced that “over 30%” of Breads’ workers had signed onto the unionized effort, the minimum required under federal labor law — and far less than most unions announce themselves with.

The threshold allows the workers to petition the National Labor Relations Board to hold a union election. In an election, more than half of workers who participate must support the formation of the union for one to be created.

“Thirty percent is an extremely low level of support through the signing of authorization cards,” Katz said. “For them to say, ‘Oh, they have a bit over 30%,’ that suggests they’re going to have an extremely difficult time if this goes to an election.”

Then, even if the union does meet the legal threshold for recognition, Breads is under no legal obligation to engage on issues related to Israel.

“Workers don’t have a right to tell management what management wants to do with its own funds, or personal beliefs and political views regarding Israel,” Katz said. “The law requires bargaining in good faith about wages and other employment conditions. That’s the requirement.”

The workers are alleging a range of unfair employment practices, including low wages, irregular schedules and unsafe working conditions. If their union is recognized, Breads will have to negotiate a contract addressing those issues — and will have to comply or risk a strike.

But on the off chance that questions about Israel somehow make it to the bargaining table, “management can refuse to discuss it,” Katz said.

Breads has indicated that it does not believe political issues are appropriate fodder for negotiation.

“We’ve always been a workplace where people of all backgrounds and viewpoints can come together around a shared purpose, the joy found at a bakery,” it said in a statement responding to the announcement of Breaking Breads. “We find it troubling that divisive political issues are being introduced into our workplace.”

Estreicher put it simply: “They can say whatever they want,” he said about the workers. But Israel-related issues would never be considered a “mandatory subject of bargaining” like wages and working conditions, and workers could be fired if they strike over the issues.

Since there isn’t actually a union yet, can Breads just fire the workers making the anti-Israel demands now?

Some of Breads’ supporters have called for the company to fire the workers who are agitating against its ties to Israel.

“I don’t understand why the owners [don’t] simply fire the so-called unionizing staff. New York is an at-will employer. They’re creating a hostile work environment,” one commenter wrote on an Instagram post by pro-Israel influence Lizzy Savetsky decrying the workers’ demand. “There’s the door, ungrateful employees. Feel free to take a loaf with you on the way out.”

https://www.instagram.com/p/DTRF-49kXBW/?hl=en

But firing workers who joined Breaking Breads would be a problem, Katz said, even though they don’t formally have a union yet.

“Management often gets away, due to the weakness in the enforcement of our labor laws, … with the firing of union sympathizers and activists,” Katz said. “But that is technically illegal. It’s illegal for management to fire people because of their views towards the union or their activism within the union.”

Do workers have a protected right to refuse to work on a specific job that offends their beliefs, including about Israel?

One of Breaking Breads’ objections was to catering events that it said involved groups with ties to Israel or to producing custom loaves decorated with Israeli flags.

The question is not the same as the one that recently occupied the Supreme Court, when it ruled on cases about small-business providers — including a wedding cake maker — who declined to serve same-sex clients, citing religious beliefs.

Those cases were about whether the government could compel a business to create custom content that violates the owner’s beliefs — and the court ruled it could not. But workers do not have the same protections individually, nor do they have the right to impose their beliefs on their employer.

“It’s the employer’s business, not their business. That’s my position. I think that’s the legal position,” Estreicher said. “People have all kinds of views with different things. Anyway, an employer should be able to make clear that he makes the decision on who the customers are, and they can’t interfere with that.”

Workers would likely also have a difficult time seeking redress against their employer for serving specific customers against their beliefs, Katz said.

Contract violation claims go to third parties known as arbitrators, who rule whether management ran afoul of its contract with the union and what penalty, if any, should be applied.

As an example, Katz said, “A Palestinian employee says in this case: ‘I’m baking cookies that get eaten or sold at an event that supports Israel.’ I can’t imagine an arbitrator would say you have a right to refuse that kind of work.”

Estreicher said one Israel-related claim by Breaking Breads could be appropriate grounds for redress, if true. The workers said Breads had told workers they could not speak Arabic on the job — a demand that may run afoul of employment law.

“If they’re in public contact jobs, I think they can [have that rule], but there are legal issues about if they’re not in public contact jobs,” Estreicher said. “If they’re in the kitchen, having a prohibition would be problematic.”

What happens next at Breads?

When it comes to the unionization effort, it could be several weeks before there are clear developments. Employers can choose to recognize unions voluntarily, but if they do not, the National Labor Relations Board typically makes a decision about whether it will support an election within about 45 days. Elections are then held several weeks to months after that.

For now, the popular bakery appears to be reaping positive dividends from its workers’ dissatisfaction. Fans of the bakery and pro-Israel activists have asked the New York City Jewish community to buy their products, and even offered to work for Breads for free.

A few hundred showed up at a Friday gathering to buy a coffee or a snack and hang out at the Upper West Side location, called for by pro-Israel activist Shai Davidai.

“We are dealing with an ideological war, and that ideological war says that if you are a Zionist, if you believe that Israel has a right to exist, if you’re a proud Jew, then you don’t deserve to live here,” Davidai said.

Davidai stressed that the event was all about showing strength in numbers.

“We want to show here a Jewish, Zionist business, that we have their back, and they won’t be cowered by a loud and nasty minority that wants to ruin things for everybody,” Davidai said.

“This isn’t just about buying products,” he added. “So first thing, [almost] everyone who’s buying a product is wearing a sticker that says, ‘Zionist,’ right? So the cashier, the employees, the business owner, and everyone on the street sees that we are coming out as Zionists. We’re not hiding anymore.”

By about 12:10 p.m., the fast-moving line at Breads’ Upper West Side location had begun to wrap around the block. Parents had brought babies, and people of all ages waited in line, as new customers arriving at the scene ended their FaceTime calls — some in Hebrew, some in English — by describing the scene to the person on the other end of the line. Some customers came alone and met new faces while waiting in line; others came with friends.

“Today, they are not just trying to bite the hand that feeds them, they’re trying to gnaw it off,” said Judy, a longtime Upper West Side resident who declined to share her last name, about the workers. “That’s what I was thinking all last night. It’s preposterous. It’s ludicrous. It’s beyond reproach.”

Colleagues Marc Rodriguez and Max Lippman waited in the middle of the line, and, like many, were hoping to land one of Breads’ award-winning babkas.

Rodriguez, who is not Jewish or Israeli but whose wife is both and whose children are Jewish, said he felt obligated to support the store, which he is a fan of and had been to in Israel. He brought a small Israeli flag, and wore one of the “Zionist” stickers that Davidai had handed out.

“I want to support the store, support the owners, and I want to remind the workers over here who is supporting this store, and who is patronizing the store,” Rodriguez said. “I think it’s a nice, respectful way to show support. We’re not shouting, we’re here. We’re all smiling, happy, talking. And also, I’m so excited for carbs.”

Lippman, who is from the Upper West Side, heard about the call to head to Breads on social media.

“In general I’m pro-union,” he said. “But once part of that is saying that they’re anti-Zionist, that seems unnecessary. It’s an Israeli-owned bakery. We’re here to show our support. It seems unnecessary when forming a union to state your beliefs on Israel. It doesn’t matter who the owners are,” Lippman added. “We’re just here to support the bakery and the babka makes that easy.”

The post Can Breads Bakery workers really demand that the Israeli owners cut ties with Israel? Labor experts weigh in. appeared first on The Forward.

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