Posts Tagged ‘unions’
Josh Eidelson has a piece about the AFL-CIO “exploring new investments in alternative labor organizing and a multi-union effort to transform Texas.” And that is good news. While there has been so much talk about the possibility of a major electoral shift in Texas, there hasn’t been much talk about an opening for labor. But I agree, based on what I can see from here, and what I’ve heard from those on the ground, that Texas could be an opportunity if the resources were there and an aggressive multi-union strategy. And that appears to be what we’re talking about here: “Becker also told The Nation that the AFL-CIO plans to support an ambitious multi-union effort to organize in Texas.” That’s AFL-CIO General Counsel Craig Becker, whose leading the “Initiative on the Future of Worker Representation” to come up with ideas to be discussed at the federation’s convention.
There is also talk of increasing support for alt-labor groups, along the lines of OUR Wall Mart or Working America.
[Update: Jerry Davis had a longer piece on this issue at Yale Global Online.]
Jerry Davis objects to my post, accusing me of misreading him because I didn’t read him (allegedly). “I would not summarize my argument as ‘Blame the consumers,’ and tried to be careful not to phrase it this way.” I gather part of the complaint is that ‘blame the consumers’ implies it is solely their fault, whereas (at points) Davis is clear blame is shared. Fair enough.
Let’s start with the original post.
Blame quickly extended from the owners of the building and the factories it contained, to the government of Bangladesh, to the retailers who sold the clothing. But the culpability extends all the way down the supply chain — to us.
Our willingness to buy garments sewn under dangerous conditions, chocolate made from cocoa picked by captive children, or cellphones and laptops containing “conflict minerals” from Congo create the demand that underwrites these tragedies.
I’ll concede he doesn’t actual apply the word blame to consumers – he used culpability (seemingly as a synonym for blame, which is used at the beginning of the sentence, but let’s leave that aside). Where does our culpability come from? “Our willingness” (a phrase I already quoted) to buy such goods. Read the rest of this entry »
Progressives have forgotten how to think about the constitutional dimensions of economic life. Work, livelihood, and opportunity; material security and insecurity; poverty and dependency; union organizing, collective bargaining, and workplace democracy: for generations of American reformers, the constitutional importance of these subjects was self-evident. Laissez-faire, unchecked corporate power, and the deprivations and inequalities they bred were not just bad public policy—they were constitutional infirmities. Today, with the exception of employment discrimination, such concerns have vanished from progressives’ constitutional landscape.
That has to change.
Today, Matt Dimick called attention Williams Forbath’s piece in Dissent, “Workers’ Rights and the Distributive Constitution” which opens with the above quote. It makes a good follow up to my last post on the role of money in putting deeply unpopular Social Security cuts on the agenda, or more simply, the power of the donor class. Forbath notes that conservatives use constitutional language to advance their agenda, while progressives often respond defensively. But Forbath calls for progressives to recapture a constitutional tradition that would insist that government has not only the power but the duty to push back against the conservative assault on the New Deal and Great Society.
Lew, the former director of the Office of Management and Budget under President Clinton, joined NYU as chief operating officer and executive vice president in 2004. At the time, NYU was the only private university in the United States whose graduate students had a union contract. By the time Lew left two years later, NYU graduate students had lost their collective bargaining rights. In between, picketers hoisted “Wanted” posters with his face on them.
Reached over email, Andrew Ross, NYU professor of social and cultural analysis, charged that “the administration followed every page of the union-busting playbook, as instructed by the anti-union lawyers retained for that purpose.” Ross, a co-editor of the anthology “The University Against Itself: The NYU Strike and the Future of the Academic Workplace,” wrote that despite broad faculty and community support for the union, “students on the picket line were threatened with expulsion. There was no indication that Lew, as a senior member of the team who executed this policy, disagreed with any of these practices. To all appearances, he was a willing, and loyal, executor of decisions that trampled all over the students’ democratic right to organize.”
By the time Jack Lew left his post as NYU COO to become COO of Citigroup Wealth Management, the six-month strike was over, and the union had lost.
When we talked last year – soon after Obama had promoted Lew from his OMB director to his chief of staff — Local 2110 president Maida Rosenstein told me that Lew had acted as “the point person” in “representing management’s position” against GSOC.
Josh’s piece generated some attention, leading Elias Isquith to question whether the Treasury Secretary has anything to do with labor unions. Shawn Gude and Erik Loomis both have responses that I largely agree with. But I wanted to add a couple of thoughts that relate to some of the themes I’ve been talking about here.
Read the rest of this entry »
Here are your top five posts from the last year, based solely on page views. The biggest thing driving traffic – one or two people who have a bigger megaphone than me passing it along. (My thanks to those people). Was there anything else they shared in common? Let’s take a look.
Also, don’t miss Top Five Posts that No One Read: 2012.
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.
I’ve expressed skepticism about the possibility of federal labor law reform, the white whale of organized labor. Instead, I’ve suggested two alternate routes–first, the use of executive orders or other presidential policies to advance labor rights, and second, state level reforms. Obviously, any effort needs to find a way to make a case that goes beyond ‘this will be good for unions’. This is true even through non-union workers and society as a whole benefits from strong unions.
At Just Cause Reform (h/t Corey Robin), Rand Wilson offers a suggestion that meets that criteria and can be pursued at multiple levels–meaning it would not depend on getting a bill through the Senate.
What’s left to achieve that might inspire all workers—union and non-union alike?
“Employment security” could be the remaining frontier. A campaign to pass state laws requiring “just cause” before a worker is fired could also spur union growth, since one of the top reasons workers are afraid of organizing is the knowledge they are likely to be terminated.
Our existing laws have not diminished workers’ fears because the procedures are too uncertain and lengthy (two to three years at the Labor Board and another two years in the courts) to provide any assurance. Winning state “just cause” laws that allow cases to be decided quickly by arbitrators might give workers more confidence.
On the face of it, this proposal seems far more plausible then the alternatives.
Winning “just cause” legislation will certainly not be easy. But building a movement on a similar scale to the effort put behind EFCA would offer union activists an opportunity to champion an issue that would benefit all workers and also help union growth.
A “just cause” campaign could potentially engage working people at many levels. Short of state or federal legislation, local unions, central labor councils, and worker centers could seek to enforce a just cause standard through workers’ rights boards and community pressure.
I don’t see this as a magic bullet. But in terms of finding a way to turn back the tide, both for union rights (and density) and employee rights in general, this holds a lot of promise. I was drawn to the idea of just cause employment before, but thinking about it as labor law reform makes it even more appealing.
Josh Eidelson has a story on Richard Trumka’s post-election analysis. The AFL-CIO chief insists “We won’t be taken for granted,” pointing to labor’s essential role in the reelection on Barack Obama, as well as helping key progressives win their Senate races. As a negotiating tactic, making demands after you’re provided support is not ideal.
Trumka takes a stronger stance when it comes to what he wants regarding Social Security and Medicare than some others have, but his reading of where the president has been on this is overly optimistic.
“If any bipartisan deal includes cuts to Social Security, Medicare or Medicaid, or extends the Bush tax cuts for the top 2 percent,” Trumka pledged, “we will oppose it.” Asked about “chained CPI” – a way to slow Social Security’s growth that Sen. Bernie Sanders has warned could be part of a bipartisan deal – Trumka said, “That is definitely a cut to Social Security benefits.” Asked if he’s confident Obama would hold the line against cutting social insurance or extending all of the Bush tax cuts, Trumka answered, “I think so. He’s been pretty clear about that.” (In a September MSNBC appearance, top Obama adviser David Axelrod mentioned both “raise the cap” and “adjust the growth of the program” as elements of a Social Security “discussion worth having.”)
As always, near the top of the list is comprehensive labor law legislation. I’d say the odds of any labor law legislation is close to zero, while the odds of legislation that is both comprehensive and positive is in fact zero. (As an aside, I don’t understand our general insistence that reform legislation should be comprehensive. That usually means that it will be seriously flawed, since progressive forces are usually the weaker ones in our present political climate, a weakness that, as I’ve argued before, is not a product of lack of popular support. What we need is legislation that creates a positive feedback loop.) Hopefully the false promise of labor law reform won’t keep people from fighting tooth and nail against cuts in social insurance.
But legislation is not the only way to improve the situation for labor rights. Eidelson continues:
Meanwhile, there’s plenty the Obama administration could do – and so far hasn’t – without Congress. With an executive order, the president could change federal contracting to exclude more union-busting companies. With regulations, his Labor Department could restrict the use of dangerous equipment by teenagers working on factory farms, or extend basic overtime protections to domestic workers.
Trumka called for swift action on a long-delayed OSHA regulation regarding silica dust. Asked how quickly it should move, Trumka answered, “Last year.” As for the Trans-Pacific Partnership trade talks currently underway, Trumka said, “They have to make sure they negotiate a deal that actually helps in-sourcing rather than promotes outsourcing. That’s a position that he stood for throughout this election, and I feel confident that he will follow through on that.”
In fact, the Obama White House had drafted a fair contracting rule prior to the 2010 election, but didn’t issue it after the Republicans took the House.
I recognize that legislation is more long-lasting, but since there’s no reason for us to push for other things as well. To be clear, I’m not laying all the blame for inaction on the feet of the White House – there has been very little discussion of the possibility anywhere. Until we push for it, it’s on us.
One more thought. Not all workers are covered by federal labor law. State employees, domestic workers, and agricultural workers are all outside the NLRB’s jurisdiction. States could extend protections to those workers. I wrote before about government enforcing labor standards on government assisted businesses and those with government contacts at the local level to protect workers. And despite the fact that it didn’t pass in Michigan, the idea of seeking a constitutional amendment to protect collective bargaining rights. There are numerous ways that protections can be sought. The tendency to focus on legislation draws out attention away from that.