Notes on a Theory…

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Posts Tagged ‘Right to Work

No More Lame Ducks

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yellow-duck-mdLegislators at the state and federal levels are working hard at acting without democratic constraints at the moment.

The Michigan legislature, still held by Republicans, although their House majority was reduced in the recent election, has been rushing through all manner of ALEC-sponsored legislation, including the No Rights At Work law, harsh abortion restrictions, and an emergency manager law that had just been overturned by initiative.  (They are being encouraged by billionaires who know their power is at a high point and voters’ at a low one).

In the meantime, at the federal level, after a campaign where both sides accused the other of wanting to cut Medicare, both sides are scheming to cut Medicare–hopefully in a way that ensures that no one takes the blame (i.e. bipartisanship).  This is important because such cuts are deeply unpopular among practically all voters, regardless of party or age.  Whipping votes is easier among those members of Congress who were defeated or retiring, many of whom have already lined up lucrative post-Congress employment and may just have some interest in mind other than the public’s.

The time between an election and when the next legislature is seated is perhaps the moment of the lowest ebb of democratic accountability, because of the presence of lame duck members, because the public is exhausted from the non-stop, soul-crushing, circus that is the modern election season, and because it is the time when the possibility of citizens angrily voting against them is furthest off.  And many politicians seem hell-bent on making the worst of it.

Obviously, the lame duck sessions aren’t the only culprit here.  The Republican Party’s lurch to the right has been a product of organizational politics that serve to insulate it from electoral control, and the vast role of money in politics serves to make legislators in both parties dependent on the funders rather than the people (a problem that has gotten worse in recent decades but is not exactly new either–funders have usually set the bounds within which popular politics can operate, as Thomas Ferguson has argued).  There are also almost no independent organizational structures that allow regular people to effectively pressure their representatives.  There are plenty of other undemocratic practices and rules we need to target together, as part of a larger democracy agenda.

Sill, what possible purpose does the lame duck session serve? Elite Washington loves the lame duck session, because what ever little impact the public has on policy in normal circumstances, they would prefer to operate with even less popular interference.

But if you actually care about democracy, how to you justify it? The answer is clear. You can’t.

No more lame ducks.

Written by David Kaib

December 13, 2012 at 10:48 pm

What Would a Real ‘Right to Work’ Look Like?

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I just asked this question on Twitter, and realized I wasn’t going to be able to explain it  in 140 characters.  So I thought I’d elaborate here. First, the question:

There has been a lot of talk about how we need to reframe the horribly inaptly named “right to work” laws, which essentially require unions to represent workers who refuse to join or otherwise support the union in any way.  Since no one is ever required to join a union, this whole framing in nonsense, a cover for a policy designed to weaken unions that can’t be defended on the merits.

‘Right to work for less’ is a common one, but it is fairly clunky.  I like the idea of ‘loafer laws’ or even better, ‘freeloader laws’ (that one is from Matt Bruenig) which emphasize the free rider problem here.  I also like ‘no rights at work’ law.  Regardless, the question I’m asking is a different one.

What would a real right to work look like?  Instead of reframing the right-wing policy with a different name, we could attach a different policy to the name (in fact we could and probably should do both).  Rhetorically, we’d respond to the call for a ‘right to work’ by saying, ‘absolutely we need a real right to work, which would mean X’  There are, as I see it, two options.

The first is the one I mentioned in my tweet – just cause employment laws.  These laws, which presently exist only in Montana, require employers to have a legitimate reason before firing an employee.  This is opposed to at will employment, where employers can fire for any reason or even no reason, as long as they don’t run afoul of various anti-discrimination laws. (It’s worth pointing out that because outside of these laws employers can fire at will, enforcing such anti-discrimination laws is more difficult). In essence, such laws ensure a basic level of due process, and reduce the arbitrary authority of employers while leaving intact legitimate authority.

Another way to reframe right to work would be a federal guarantee of a job, along the lines that Sandy Darity has proposed.  “His National Investment Employment Corps does that, he says, by creating real jobs that pay a minimum of $20,000 a year and $10,000 in benefits, including medical coverage and retirement savings,” along the lines of the Works Progress Administration and the Civilian Conservation Corps during the Great Depression. This is a quite literal ‘right to work.’

Does that make sense? And if so, what do you think?

[Update] Richard Yeselson was tweeting about the first question, and offered “right to shirk.” I like that.

Written by David Kaib

December 10, 2012 at 11:15 pm

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