Archive for the ‘unions’ Category
Monday, June 20th, 2016
A federal appeals court has upheld a National Labor Relations Board move modernizing and streamlining union representation elections. The rule, which business lobby groups like the American Builders and Contractors and the National Federation of Independent Business have tried to brand as “ambush elections,” cuts down the time employers have to fire and intimidate union supporters, and reduces the endless litigation employers would use to prevent workers’ voices from being heard. The case went before the Fifth Circuit Court of Appeals, one of the most conservative in the country, but the bosses still didn’t win:
In delivering the opinion of the court, Judge Edith Brown Clement said the “board acted rationally and in furtherance of its congressional mandate in adopting the rule.”
“Here, the board identified evidence that elections were being unnecessarily delayed by litigation and that certain rules had become outdated as a result of changes in technology,” she wrote.
“It conducted an exhaustive and lengthy review of the issues, evidence and testimony, responded to contrary arguments, and offered factual and legal support for its final conclusions.”
A previous lawsuit by the U.S. Chamber of Commerce and some of its allies had been dismissed. Congressional Republicans also tried to block the rule from going into effect, but President Obama vetoed that attempt.
This blog originally appeared at DailyKos.com on June13, 2016. Reprinted with permission.
Laura Clawson has been a Daily Kos contributing editor since December 2006. Labor editor since 2011.
Wednesday, May 11th, 2016
Detroit teachers are organizing to prevent a bill from passing the state legislature that they say would underfund schools and limit teachers’ rights.
There are two competing bills in the legislature aimed at resolving Detroit Public Schools’ current financial mess. The school system was at risk of going bankrupt because school officials said the district was “running out of money” in April, but the state provided $48.7 million in emergency funding to keep the district running. Now, as the end of the school year approaches, there are questions about long-term solutions.
Teachers were told that unless the legislature agrees on a restructuring plan to deal with the school district’s enormous debt, they won’t be paid after June, and summer school may not run. In response, hundreds of teachers called in sick at once, closing more than 90 schools. On Tuesday of last week, the teachers union, Detroit Federation of Teachers, said they would goback to work after assurance from Judge Steven Rhodes, the district’s emergency manager, that they would be paid.
Last week, the state house passed a a package of bills early in the morning — 4:30 a.m., to be exact — to split the district in half and allocate $500 million to pay off its operating deficit. But teachers are concerned about aspects of the House legislation. The legislation doesn’t recognize bargaining units, would impose penalties for going on strike or staging walkouts, would give the district power to hire noncertified teachers, and would tie teacher pay to test scores. The House also did not propose returning local control to the district, meaning there would be an appointed school board. The Detroit Financial Review Commission would choose the superintendent of the district.
The state senate’s proposal, on the other hand, would provide $715 million in funding and would introduce a commission to regulate public schools, which would oversee where traditional public schools and charter schools are located. State senators are pushing for $200 million loan instead of $33 million for transition costs, which is the same amount suggested by Gov. Rick Snyder (R). Mayor Mike Duggan (D) also supports the commission and says the $500 million isn’t enough.
Some Democratic lawmakers argue that allocating as little as $33 million means the legislature would be passing legislation to provide more money in a few months anyway.
“I don’t think we want to be in a situation where we pass a sum of money and then two or three months later we’re right back in front of the Legislature asking for more,” Sen. David Knezek (D)told the Associated Press.
To raise awareness and pressure lawmakers to pass the Senate bill instead of the one advancing in the House, teachers are going door-to-door all over the state in the hope that more widespread opposition to the legislation will help to stop it in its tracks. Detroit teachers and the American Federation of Teachers are also meeting with state lawmakers who may be on the fence about how to approach the school district’s finances, according to WXYZ, a local television station in Detroit.
The legislation opposed by teachers unions could come to the Senate floor as soon as Thursday.
This blog originally appeared at Thinkprogress.org on May 10, 2016. Reprinted with permission.
Casey Quinlan is an education reporter for ThinkProgress. Previously, she was an editor for U.S. News and World Report. She has covered investing, education crime, LGBT issues, and politics for publications such as the NY Daily News, The Crime Report, The Legislative Gazette, Autostraddle, City Limits, The Atlantic and The Toast.
Wednesday, May 11th, 2016
Long before the birth of Teamsters for a Democratic Union in the mid-1970s, the International Brotherhood of Teamsters (IBT) was hostile terrain for creating model local unions. In the 1930s, warehouse workers and drivers in Minneapolis revitalized Teamsters Local 574, under the leadership of Farrell Dobbs and other labor radicals. They organized widespread community support for a citywide general strike—now much celebrated by labor historians. After its success, Dobbs and other Teamster militants helped organize over-the-road trucking throughout the mid-west.
What was Local 574’s reward from the IBT? It wasn’t a lot of favorable publicity in the Teamster magazine. Instead, General President Dan Tobin expelled the Minneapolis strikers from the union in 1935. A year later, the membership of 574 was readmitted but under a new local charter. When the politics of Local 544 (its successor) continued to offend Teamster headquarters, the local was put under trusteeship and its elected officers ousted in 1941. Among the Teamster goon squad members dispatched to Minneapolis for that dirty work was Jimmy Hoffa, father of the current IBT president and an admirer of Dobbs’ organizing methods (if not his Trotskyist views).
Labor educator Bob Bussel’s new book, Fighting For Total Person Unionism: Harold Gibbons, Ernest Calloway, and Working Class Citizenship (University of Illinois Press, 2016) describes a lesser-known effort to remake another Midwestern IBT local–without drawing the same kind of fire from Tobin’s successors, including Hoffa himself.
The positive, but less threatening, changes made in St. Louis Local 688 occurred under the leadership of Harold Gibbons. Gibbons developed a long and mutually beneficial relationship with Hoffa, during the latter’s rise to power in the 1950s and ‘60s. His closest local collaborator was Ernest Calloway, a leading African-American trade unionist, labor editor, and civil rights activist, who met Gibbons when they were both Depression-era organizers in Chicago.
Like Harvard-educated Powers Hapgood, the industrial union activist profiled in Bussel’s previous biography, Gibbons and Calloway were sympathetic to democratic socialism. (For more on Bussel’s earlier book, see my review for The Nation.) Neither had positive experiences with the Communist Party or the Congress of Industrial Organizations (CIO) affiliates most influenced by CP members. They came from coal mining families in Pennsylvania and Kentucky respectively; Calloway actually worked in the mines and once described himself as a “black hillbilly.”
Their shared union vision was shaped, in part, by youthful “exposure to the UMWA, which had an admirable if imperfect record of attempting to organize across racial and ethnic lines.” Their personal development as working class leaders owed much to labor education—in Gibbons’ case, a summer school stint at the University of Wisconsin’s School for Workers and in Calloway’s case, attending Brookwood Labor College and, later, Ruskin College in Oxford.
From CIO to IBT
Gibbons aided organizing or strikes among adult educators employed by the Works Progress Administration, Chicago taxi drivers, and, later, textile workers throughout Illinois and Indiana. Calloway became a member of Gibbons’ AFT-affiliated teachers union and then plunged into CIO organizing of African-American “red caps” who assisted railway passengers with their baggage. In 1940, he bravely risked imprisonment as “one of the first African-Americans to seek conscientious objector status solely on the basis of racial discrimination”—a stance not popular with red cap union officials, particularly after the Japanese attacked Pearl Harbor.
During the war, Gibbons moved to St. Louis. There, he took over a warehouse workers local affiliated with the CIO, engineered its rebranding as an independent union and, then in 1949, “stirred disbelief and anger in both local and national labor circles” by merging with the IBT. Calloway was among those he recruited to help implement “his vision of socially engaged unionism,” amid the larger “unabashed pragmatism” of the Teamsters.
In the heyday of Local 688 during the 1950s, “total person unionism” is not a term that either Gibbons or Calloway would have employed. But their conception of how a good local should function—with members strongly connected to the union and the union playing an influential role in the community—remains quite relevant today. One of organized labor’s under-utilized resources is rank-and-file connections to community institutions, whether churches, neighborhood associations, ethnic and fraternal organizations, political clubs, or other civic groups.
Gibbons and Calloway built their local into a social and political force in St. Louis by encouraging what Bussel calls “working class citizenship”–rank-and-file activism in the community and local politics, as well as on the job. Local 688 formalized this approach with an actual “community stewards” program, training hundreds of members and then deploying them in electoral campaigns and local political struggles for racial justice, better public services, and a healthy urban environment. Bussel lauds these efforts to turn an “occupationally and racially diverse union of 10,000 members” into “a model of labor progressivism that gained national and even international attention.”
In a 1946 speech—that could serve as a rebuke to certain “organizing unions” and workers centers today—Gibbons “articulated the profound psychological dimension that lay at the core of his philosophy of unionism.” In his view, union building was not the job of “college professors, smart lawyers, or high salaried executives.” But rather, it was a task for “the men and women of the shops,” where “far too many of us fail to realize our powers, our abilities, our potentialities.”
Left cover for Hoffa?
Local 688 was, in short, not the kind of mobbed-up, big city Teamster local more typical of Jimmy Hoffa’s emerging power base in the 1950s. But, as Bussel notes, “an ally of Gibbons’ caliber and reputation” was useful to Hoffa’s plan to succeed Dave Beck as Teamsters president during a period when Teamster racketeering and corruption tainted all of organized labor and led to the IBT’s 1957 expulsion from the AFL-CIO.
According to Bussel, Gibbons hitched his wagon to Hoffa in the hopes that the latter’s “mastery of power relations might be harnessed in the support of a more ambitious social agenda.” In the early 1960s, Gibbons even left St. Louis to serve as Hoffa’s executive assistant at Teamster headquarters. In that capacity, he persuaded his boss to make a $25,000 donation to Dr. Martin Luther King’s Southern Christian Leadership Conference. But then “Hoffa rejected Gibbons’ suggestion that he speak at King’s 1963 March on Washington and also refused to seek strong anti-discrimination language in trucking contracts.”
Bussel reports that Gibbons “experienced continual frustration in his efforts to enlarge Hoffa’s perspective on racial justice” and “remained an isolated voice on the issue that he regarded as essential to restoring the trade union movement’s moral legitimacy.” Hoffa, for his part, kept his sidekick from St. Louis on “a short leash.” Hoff was “fiercely ascetic in his personal life” and, thus, disapproved of Gibbon’s “womanizing” and “hanging out in nightspots and hobnobbing with Hollywood celebrities,” a bon vivant lifestyle supported by his IBT expense account. (As longtime Chicago labor activist Sid Lens once noted, Harold was “a man of many contradictions.”)
After Hoffa was jailed in 1967 for jury tampering, attempted bribery, and fraud, he left Frank Fitzsimmons in charge of the IBT. Gibbons did not fare well under Fitz, as he was known. To Gibbons’ credit, he was an outspoken opponent of the Vietnam War and played a key role in Labor for Peace, hosting its founding conference in St. Louis. He even joined a trade union delegation to Hanoi during the war, met with top North Vietnamese officials, and conducted Washington briefings on his trip when he returned.
Enemy of Tricky Dick and Fitz
Such activities landed him on the famous “enemies list” maintained by Republican President Richard Nixon. Closer to home, Gibbons bucked Fitzsimmons by casting the only Teamster executive board vote against endorsing Nixon for re-election over Democrat George McGovern in 1972. Fitzsimmons remained Nixon’s leading labor ally until the latter’s forced resignation, in disgrace, during the Watergate scandal two years later.
In the meantime, Fitzsimmons retaliated against Gibbons by replacing him as Teamsters Central Conference chairman and warehouse division director. A few months afterwards, Gibbons was even forced to resign from his elected positions at Teamsters Joint Council 13 and Local 688. In Bussel’s description, that purge signaled the end of a “twenty year quest for total person unionism that Gibbons and Calloway had pursued in St. Louis.” Gibbons retreated to a life of retirement luxury in Palm Springs, CA. “closer to the celebrity culture that had long captivated him.” Shortly before he died in 1982, the one-time syndicalist firebrand was reduced to begging the Reagan Administration (unsuccessfully) for a job as director of the Federal Mediation and Conciliation Service.
Unlike Gibbons, Calloway remained politically engaged at the grassroots level in St. Louis. When their joint vision of an activist, community-minded union was no longer achievable in Local 688, Calloway became a neighborhood organization leader. He was also a locally influential writer and teacher of urban studies, civil rights leader, and mentor to community activists. When he died in 1989, The St. Louis Post Dispatch hailed him as a man who “labored for the underdog,” declaring that “St. Louis is a better place for his efforts.” Calloway’s union career may have been overshadowed, in his lifetime, by that of his high-flying Teamster co-worker. But, now thanks to Bussel’s dual biography treatment, this “rugged fighter for social justice” will get the broader recognition he deserves.
Fighting for Total Person Unionism should not be relegated to the labor history bookshelf; too much of its content will seem eerily familiar to anyone active in U.S. unions over the last 35 years. The management resistance and labor movement dysfunction that Gibbons and Calloway struggled to overcome, while building worker organizations of a better sort, have definitely not disappeared. And within the union officialdom, there is still no shortage of the same personal and political contradictions that Harold Gibbons displayed, during his rise and fall as a singular Teamster.
This blog originally appeared at Inthesetimes.com on May 10, 2016. Reprinted with permission.
Steve Early worked for 27 years as an organizer and international representative for the Communications Workers of America. He is the author of a new book from Monthly Review Press titled, Save Our Unions: Dispatches from a Movement in Distress. He is working on a book about political change and public policy innovation in Richmond, California. He can be reached at Lsupport@aol.com.
Tuesday, May 3rd, 2016
The General Brotherhood of American Apparel Workers (GBWAA), a union for garment workers at American Apparel’s southern California manufacturing facilities—one of which, its downtown Los Angeles location, is the largest garment-making factory in the country—has called for a boycott of the brand’s merchandise, pointing to mass layoffs and reduced compensation and benefits that have intensified since new management in January 2015 began a process of post-bankruptcy restructuring throughout the corporation.
GBWAA is currently awaiting a certification election date from the National Labor Relations Board, and workers with the union say they are calling for the boycott because American Apparel consumers must know corporation is not the high-wage, sweatshop-free company once marketed itself to be, especially since Paula Schneider replaced American Apparel founder Dov Charney as chief executive officer of the corporation.
Schneider’s appointment was approved by a corporate board that had been mostly hand picked by the hedge fund Standard General, who effectively had control of the company after a failed bid by Charney to regain control. Previously ousted as CEO amid reports of alleged sexual misconduct, Charney saw millions of his voting shares go to Standard General. When the company filed for bankruptcy in October 2015, claiming its debt was insurmountable, complete ownership went to the company’s principal debtholders: Goldman Sachs Asset Management, Monarch Alternative Capital, Coliseum Capital, Pentwater Capital Management and Standard General (famous for their previous alleged hostile takeover of Radioshack), who kept on Schneider as CEO—much to the dismay of Charney and workers at American Apparel production sites that had already began organizing.
Union president Stephanie Padilha dos Santos tells In These Times, “If you’re used to buying American Apparel and think that the company is great and that the whole concept of paying fair wages in [the garment] industry was what made the company a huge success, then we invite you now to boycott the brand because it is no longer sweatshop-free.”
Padilha alleges that the company has been outsourcing production to other “sweatshops” around Los Angeles, while reducing the once relatively high wages earned by production workers at the company, which were the highest in the world, according to the company.
American Apparel did not respond to requests for comment by In These Times.
Meanwhile, in another round of layoffs, over 500 workers are reported to have been laid off this April as part of what Schneider has called a “redesign of [their] production process.”
Victor Narro, Project Director at the UCLA Labor Center, says that American Apparel was famous for providing high-wage garment jobs that are seldom seen for the immigrant communities typically doing the work in Los Angeles. “These garment workers are not going to be able to find a similar type of workplace in the industry,” Narro says.
Padilha says that after being abruptly let go with little notice, “All the dignity that the company provided [the laid-off workers] will be gone and they’re going to have to go back to the poor reality of the garment industry.” In the past, GBWAA has led work stoppages over decreased conditions and has filed dozens of unfair labor practices against the company since Schneider took over. Padilha believes a union can put a check on further layoffs and stabilizes the free falling wages and hours for the garment workers. American Apparel did not respond to requests for comment by In These Times in regards to GBWAA claims.
The company, however, has stressed that “the GBWAA could not fairly represent the interests of its near 4,000 production workers, even if elected” because of Charney’s appearances at union functions throughout 2015 “Mr. Charney has used every tactic imaginable to claw his way back to the head of the company—including organizing workers to demand his return as CEO,” says a letter by American Apparel legal representatives, asking a U.S District Court to force Charney to appear at NLRB hearings to provide testimony as well as submit documents relating to GBWAA in its appeal of the union’s petition for election. The appeal centers on the claim that GBWAA is a Charney-created entity.
Nativo Lopez, an organizer in Los Angeles who has worked with American Apparel workers over issues of immigrant rightssince 2009, says that the company’s allegations are “absolutely false.” Lopez says that garment workers active in Lopez’s immigrant rights advocacy organization, Hermandad Mexicana, helped lead organizing, with Lopez serving in a voluntary advisory position. Thus, GBWAA is claiming it is an independent union—not a product of Charney.
Workers, he says, only focused on the return of Charney to company leadership initially because “working under him, in his administration, [they were] enjoying above-minimum wage and benefits that they had never previously experienced in any other apparel company where they had been employed.”
“The ‘Save American Apparel’ slogan has been changed to ‘Boycott American Apparel,” Lopez says, predicting an entire offshoring of American Apparel’s domestic manufacturing to low-wage countries, joining the approximately 97 percent of apparel brands in this country who do not produce their clothing in the United States. Onlookers from the finance world havesaid the same elsewhere. “It’s no longer the same American Apparel,” Lopez tells In These Times.
The last public union campaign at American Apparel garment factories occurred in 2003, when UNITE (the garment workers union that soon after merged with HERE to form UNITE HERE) tried to organize workers in the downtown manufacturing hub. Charney was not supportive, according to Stephen Wishart, a senior research analyst with UNITE HERE at the time, whosaid of the campaign:
The company’s activities included holding captive meetings with employees, interrogating employees about their union activities and sympathies, soliciting employees to ask the union to return their union authorization cards, distributing anti-union armbands and T-shirts, and requiring all employees to attend an anti-union rally. The company’s most devastating tactic, though, was threatening to shut down the plant if the workers organized.
Charney, speaking to the Los Angeles Business Review in 2004 about the unsuccessful union organizing campaign, called unions an “obstacle”:
The concept of a union is a check against greed on the part of the employer. If I really wanted to be motivated by greed alone and pay the lowest possible wage, I wouldn’t be working in this factory. To say, “Let’s appoint a union to represent the workers even further” may put into disequilibrium the delicate balance that I’ve created between all the parties.
Narro says that although wages were high at American Apparel, the benefits of union collective bargaining agreements have always been sorely lacking and it remains evident in its current restructuring process. “If he had worked something out with UNITE back in 2002, and they agreed to a union contract, [then] these workers would have had a lot of protection right now. Nothing is guaranteed, but they would not have been as vulnerable to the bankruptcy and the downsizing and the management decisions.”
“Union contracts would create mechanisms to protect workers as much as possible,” says Narro. Organizing amid the corporation’s restructuring is “harder to do now because there’s nothing to enforce,” he adds.
For now, GBWAA hopes the boycott will bring to the light the urgency they feel is required in its certification efforts, especially as predicted further layoffs loom. Padilha says the NLRB needs to act now, telling me, “As soon as a hedge fund takes over, the company goes into bankruptcy. Workers getting laid off, having their rights ripped apart, and they make no money. Everything is changing; outsourcing production. There [are] enough reasons why this election is what workers need right now.”
This blog originally appeared at inthesetimes.com on May 3, 2016. Reprinted with permission.
Mario Vasquez is a writer from southern California. He is a regular contributor to Working In These Times. Follow him on Twitter @mario_vsqz or email him email@example.com.
Wednesday, April 27th, 2016
The world lost a musical icon [on April 21]. You’ll read about his impact as a musician and an entertainer elsewhere, but let’s take a second to look at Prince’s career-spanning fights on behalf of working people.
For more than 40 years, Prince was a union member, a long-standing member of both the Twin Cities Musicians Local 30-73 of the American Federation of Musicians (AFM) and SAG-AFTRA. Beginning with “Ronnie Talk to Russia” in 1981 on through hits like “Sign o’ the Times” and later works like “We March” and “Baltimore,” Prince’s music often reflected the dreams, struggles, fears and hopes of working people. (And he wasn’t limited to words, his Baltimore concert in the wake of Freddie Gray’s death raised funds to help the city recover. I got to sit on the right side of the stage, high in the rafters, to watch joyously.) Few of America’s artists have so well captured the plight of working Americans as Prince, putting him in the line of artists like Woody Guthrie and Bruce Springsteen as working-class heroes.
Ray Hair, president of AFM, spoke of Prince’s importance: “We are devastated about the loss of Prince, a member of our union for over 40 years. Prince was not only a talented and innovative musician, but also a true champion of musicians’ rights. Musicians—and fans throughout the world—will miss him. Our thoughts are with his family, friends and fans grieving right now.
And this is a key part of his legacy. Prince was deeply talented and could have easily made his success without much help from others. And yet he was a massive supporter of other artists, from writing and producing songs for artists as diverse as Chaka Khan, the Bangles, Sinéad O’Connor, Vanity, Morris Day and the Time and Tevin Campbell (among many others) to his mentoring and elevating of women in music, to the time where he put his own career on the line in defense of the rights of artists. And every musician that came after owes him a debt of gratitude.
The music industry has a deeply troubled past, with stories of corporations exploiting musicians, especially African American musicians, being plentiful enough to fill libraries. At the height of his popularity, Prince decided that he would fight back. He was set, financially and career-wise, and had nothing to gain from taking on the onerous contracts that artists were saddled with when they were young, inexperienced and hungry. If he lost everything by taking on the industry, he still had money and fame to rely on. But he knew this wasn’t true for many other musicians, and Prince was always a fan of music, and he knew that taking on this battle would help others. So he took on the recording industry on behalf of music. On behalf of the industry’s working people—the musicians themselves.
And it cost him his name and his fame.
In the ensuing battle, Prince famously renounced his birth name and began performing under an unpronouncable symbol instead of a name. He fought the company at every turn, even writing the word “slave” on his face in protest of the conditions he worked under. He said: “People think I’m a crazy fool for writing ‘slave’ on my face. But if I can’t do what I want to do, what am I?” For the rest of his career, which never recovered to his early heights, he continually fought to change the way that record companies treated artists, explored new ways to distribute music to fans and battled to give artists more control and more revenue for the art they create. In a still-changing musical landscape, Prince was one of a handful of artists who helped shape a future where musicians, working people, get the fruits of their labor.
In honor of Prince’s passing, check out his performance, an all-time great, at the country’s largest annual event brought to you by union workers, the Super Bowl.
This blog originally appeared at aflcio.org on April 22, 2016. Reprinted with permission.
Kenneth Quinnell: I am a long-time blogger, campaign staffer and political activist. Before joining the AFL-CIO in 2012, I worked as labor reporter for the blog Crooks and Liars. Previous experience includes Communications Director for the Darcy Burner for Congress Campaign and New Media Director for the Kendrick Meek for Senate Campaign, founding and serving as the primary author for the influential state blog Florida Progressive Coalition and more than 10 years as a college instructor teaching political science and American History. My writings have also appeared on Daily Kos, Alternet, the Guardian Online, Media Matters for America, Think Progress, Campaign for America’s Future and elsewhere. I am the proud father of three future progressive activists, an accomplished rapper and karaoke enthusiast.
Wednesday, February 24th, 2016
Conservatives had a great plan in motion to decimate unions. If Justice Antonin Scalia hadn’t died in his sleep, they almost certainly would have pulled it off.
First they got the Court to rule their way in 2014’s Harris v. Quinn, which targeted home healthcare unions. Like “right to work” laws, the case sought to gut unions’ funding and diminish solidarity by saying that union members can’t be required to pay dues. The Court agreed, holding that the First Amendment does not allow the collection of fair share fees from home healthcare workers. The decision, written by Justice Alito and signed by the Court’s four other conservatives, also not-so-subtly invited further attacks on the funding and membership of unions.
Next came Friedrichs v. California Teachers Association, which sought to expand Harris to impose right-to-work on all public sector employees. The conservative Center for Individual Rights (CIR) rushed Friedrichs to the Supreme Court by essentially conceding at every lower court that under current law, it should lose. Friedrichs could only win if the Supreme Court overturned 39 years of precedent that date back to the 1977 Abood v. Detroit Board of Education decision.
When the Court accepted Friedrichs, there was some hope that Justice Scalia might provide the critical vote to save public-sector unions. This was not because Scalia had any great love for labor—he did not—but because he understood the basic economic theory of free riders: Just like any other enterprise, it can be difficult for a union to get its members to pay dues when they can get all the benefits of the contract for free. Scalia had said as much in a 1991 concurrence-dissent, and many were hoping that he would exercise consistency with Friedrichs.
However, the oral arguments on Friedrichs last month destroyed any such illusions. Justice Scalia, never coy about his beliefs, made it clear that he now believed that fair share fees should be eliminated. Though it’s often difficult to divine the Court’s final decision from oral arguments, it was plain after the Friedrichs arguments that labor would lose.
Accordingly, labor was scrambling to figure out how best to run a union in a post-Friedrichsworld. Meanwhile, conservatives already had a plan in the works to expand what they saw as a certain win.
Last week, in a little-noticed case called D’Agostino v. Baker, the National Right to Work Legal Defense Foundation lost at the First Circuit in their attempt to argue that the First Amendment does not allow exclusive representation of home healthcare workers. This case sought to expand theHarris holding by arguing that the First Amendment prohibits home healthcare unions not only from collecting fees from workers who don’t want to pay, but also from bargaining on behalf of any worker who doesn’t opt to be a member.
Former Supreme Court Justice David Souter wrote the decision for the First Circuit inD’Agnostino, relying heavily on Abood and its progeny. If history is any indication, National Right to Work was planning on appealing this case to the Supreme Court. The case provided a glimpse of what the likely post-Friedrichs plan of attack would have been: After you win on the dues front, go after membership.
In addition, other cases, such as Bain v. CTA, that attacked the membership rights of unions but had been thrown out by lower courts, were likely to reappear.
However, on Saturday it was reported that Justice Scalia had been found dead. With his absence from the Court, conservative plans to attack union dues and membership through Supreme Court challenges may have dissolved for now.
If President Obama can get a new justice confirmed by a Republican-controlled Senate and that justice is permitted to take part in Friedrichs, then the case will likely be decided 5-4 in favor of labor. If Republicans leaders made good on their vow to thwart any nomination by Obama, or the new justice does not take part in Friedrichs—either because the Court decides not to set it for rehearing or the justice must recuse herself—then all indications are that the case will be decided 4-4. In the event of such a tie, the lower court ruling is upheld—in this instance, the 9th Circuit’s dismissal of the case.
When the Supreme Court ties 4-4, no precedent is set. Anyone in labor worried about that outcome in Friedrichs can rest a bit easier remembering that no precedent is needed here. Aboodcreated the precedent in 1977, and Friedrichs was a shameless ideological ploy to overturn that longstanding precedent. In Friedrichs, the CIR did not present the Supreme Court with the typical grounds for review: either a “a circuit split,” where lower courts issued conflicting decisions, or proof that circumstances had changed so significantly since Abood that the Supreme Court needed to reconsider its ruling. (Justice Stephen Breyer pointed to the absurdity of the Court overruling good case law for no good reason when he asked in oral arguments whether the Court should also revisit its landmark 1803 decision in Marbury v. Madison, which helped set the very terms of judicial review.)
Therefore, unlike other cases on the Court’s docket, if Friedrichs goes away quietly, it will stay gone until there is another conservative majority.
Without a Friedrichs decision that bans fair share fees, it is unlikely the Supreme Court would accept D’Agostino, and even less likely that it would decide against labor in such a case. Other cases attacking the membership rules of unions on specious Constitutional grounds are similarly unlikely to make it to the Supreme Court. With Justice Scalia’s unexpected death, conservatives will have to go back to attacking labor the old-fashioned way: at the state and federal legislatures.
This post originally appeared on inthesetimes.com on February 15, 2016. Reprinted with permission.
Moshe Z. Marvit is an attorney and fellow with The Century Foundation and the co-author (with Richard Kahlenberg) of the book Why Labor Organizing Should be a Civil Right.
Wednesday, February 17th, 2016
With the death of Supreme Court Justice Antonin Scalia’s death Saturday, the court’s ideologically conservative 5-4 majority is no more. One big case this affects is Friedrichs v. California Teachers Association, which the conservative ideological majority on the court was prepared to use to bankrupt public-employee unions. Now they can’t do that.
The Friedrichs case involves a lawsuit from anti-union groups that want to stop public-employee unions from collecting dues from non-members, even though they are required by law to provide expensive services. A unanimous 1977 ruling by the Supreme Court, in Abood v. Detroit Board of Education, had said that unions can collect dues from nonmembers for “collective bargaining, contract administration, and grievance adjustment purposes” while those nonmembers are free to choose whether to also pay into union funds used for political purposes. The conservative, anti-union ideologues on this court, which included Scalia, went against precedent and “settled law” in agreeing to hear this case at all.
The post” Why You Should Pay Attention To The ‘Friedrichs’ Supreme Court Case explains”:
The Supreme Court has once again decided to reconsider “settled law.” This time it is a case involving the rights of public-employee unions to charge employees a fee for the services the unions are required by law to provide to all employees – even those who are not members of the union. The goal is to bankrupt the unions by denying them the funds necessary to perform the required services.
The argument is that since unions protect working people’s pay and rights, paying fees for union services therefore violates the “free speech” of those who support concentrated wealth and power.
The purpose of keeping unions from collecting dues while requiring them to provide services was clearly to bankrupt the unions. The post “Supreme Court Appears Ready To Bankrupt Public-Employee Unions” looked at the funding behind the case — and behind getting the anti-union ideologues onto the court:
The names Koch, Bradley, Scaife, Olin, Coors, Walton and the others are well known to people who study the massive amount of money behind the so-called “conservative movement” that has helped drive anti-democracy efforts and the resulting inequality in the decades since the 1970s. This small band of wealthy foundations and billionaires are among the same conservative donors who funded the efforts to place the current corporate-conservative majority on the court, and many of the politicians who voted to put them there.
Justice Scalia died before the Court decided the Friedrichs case. The court is now evenly divided, with four justices who almost always rule on the side of big corporations and billionaires against unions, environmentalists, consumer groups and all other interests the protect the non-wealthy public in general. The other four justices usually consider the constitutionality, law and merits of the cases before them.
In the Friedrichs case, there is little doubt that the court will now tie 4-4 because of the unanimous Abood precedent. The rules of the legal system say a tie in the Supreme Court means that the ruling of the lower court that advanced the case up to the Supreme Court stays in effect.
In the case of Friedrichs v. California Teachers Association, that lower court is the Ninth Circuit Court of Appeals. That court ruled that the unanimous 1977 Supreme Court ruling in Abood is still settled law and applies, so the California Teachers Association could continue to collect dues from nonmembers.
Put another way, Scalia’s death likely means that public-employee unions will not be forced into bankruptcy by the corporate/billionaire-funded “movement” ideologues on the Court.
This blog originally appeared at OurFuture.org on February 16 2016. Reprinted with permission.
About the Author: Dave Johnson has more than 20 years of technology industry experience. His earlier career included technical positions, including video game design at Atari and Imagic. He was a pioneer in design and development of productivity and educational applications of personal computers. More recently he helped co-found a company developing desktop systems to validate carbon trading in the U.S.
Thursday, January 28th, 2016
Michigan Gov. Rick Snyder (R) has been rightly criticized for how he has handled the water crisis in Flint. In his State of the State speech earlier this month, he had a chance to take the crisis head on and failed to do so. Working people, on the other hand, are stepping up where Snyder has failed.
Ron Bieber, president of the Michigan AFL-CIO, responded to Snyder’s speech:
The people of Flint deserve answers and accountability, but the governor didn’t provide either tonight. Until the governor waives his [Freedom of Information Act] exemption and releases all materials on the Flint water crisis—including those from his senior staff—his promise to release a handpicked number of emails is hollow. To help the people of Flint start to heal and ensure a disaster like this never happens again, the governor needs to be fully transparent with the public and start telling the truth.
Sam Muma, president of the Greater Flint Central Labor Council, agreed:
It seems pretty clear that Rick Snyder still doesn’t get it. Our city needs sustained, long-term resources from the state to clean up the mess that Snyder created, and on that front, the governor’s speech fell short. All I heard were more empty promises from a politician who’s desperate to dodge the blame. Snyder needs to start being straight with people and show real leadership if he’s ever going to help Flint recover.
Meanwhile, union members have been helping out Flint residents. UAW and LIUNA members have volunteered to help out, and now Plumbers and Pipe Fitters members are going door to door to help residents install filters that will make their water a lot safer. Focusing on seniors and people with disabilities first, the plumbers have helped instill more than 1,000 filters since last week. Residents like Lucia Chapman, who was deeply concerned about the safety of her brother who has a disability and her grandchildren, have been thankful for the efforts of the union members. “I don’t have to worry about if I’m drinking bad water. Everything will be alright because we got people like him,” she said, in reference to plumber Tony Slatton, who changed her faucet and installed her filter.
If you would like to know how you can help, visit Michigan AFL-CIO’s website for details.
This blog originally appeared in aflcio.org on January 27, 2016. Reprinted with permission.
Kenneth Quinnell is a long time blogger, campaign staffer, and political activist. Prior to joining AFL-CIO in 2012, he worked as a labor reporter for the blog Crooks and Liars. He was the past Communications Director for Darcy Burner and New Media Director for Kendrick Meek. He has over ten years as a college instructor teaching political science and American history.
Tuesday, January 26th, 2016
Seven years after Republic Windows & Doors workers occupied a recently-shuttered factory in Chicago, making international news, and three years after they opened their own window company, they are receiving a $295,000 payout in bankruptcy court that is both a symbolic and pragmatic victory.
When a company goes bankrupt, workers are usually at the end of the line to get paid, as they are considered “unsecured creditors” behind various secured creditors who are owed money. That means workers often never get money they are owed.
But the Republic Windows workers have broken the mold in many ways, starting when they occupied the factory on Goose Island in the Chicago River, receiving massive community and political support and convincing Bank of America and JP Morgan Chase to hand over the severance and vacation pay due them.
They became a poster child of the American Recovery and Reinvestment Act (or the “stimulus”) after the company was bought by a California-based maker of highly energy efficient products. Then they occupied the factory again when that owner threatened to close it. Finally in spring 2013 they opened their own factory, New Era Windows.
In January 2009, not long after the occupation, the United Electrical Workers (UE) union, which represented Republic workers, filed a complaint with the National Labor Relations Board charging that the company violated the union contract by closing abruptly without negotiating over the closure terms. Two years later, the board ruled in favor of the workers and decided they were due two weeks’ wages, the estimated amount of time that bargaining over a closure would have taken.
The company was in bankruptcy proceedings by then, however, and it wasn’t until this week that the bankruptcy court ordered the release of the funds. The NLRB will distribute the money to individual workers.
A release from the NLRB this week noted:
The Board found that the employer violated the National Labor Relations Act when they closed their Goose Island facility and moved operations to an alter ego operation in Iowa. However, ongoing bankruptcy procedures made full or partial compliance with the order unlikely until a successful suit against the employer’s insurer made additional assets available for the repayment of debts.
The board continued that: “Bankruptcy proceedings often prevent compliance with Board-ordered remedies as employer’s assets are liquidated through Chapter 7 processes. While the employees did not receive full back pay, obtaining partial compliance in this case is a victory for workers who have been waiting for a remedy since 2008.”
“Some people feel like it’s not enough, but it’s symbolic,” said Armando Robles, one of the New Era worker-owners and a leader of the occupation and ensuing efforts. “It’s a huge victory.”
UE organizer Leah Fried noted that the payout is thanks to “the constant haranguing we had do to. We had to wait until everyone else came out of the woodwork, but the fact we kept pressuring the court” paid off.
“It’s great that seven years later, [the workers are] still winning money,” she says.
The former Republic Windows CEO, Richard Gillman, was sentenced to four years in prison for fraud charges related to the closing of the factory and the purchase of another window factory in Iowa. He was released after serving significantly less time than the sentence.
New Era has been growing, with 14 worker-owners and four new hires, Robles said. This is the slow season, however, when few people are ordering windows. Robles said the bankruptcy payment should mean about $1,200, helping him pay rent and bills until New Era business picks up in the spring.
“It hasn’t been easy, obviously,” said Fried. “But they’ve shown you can run a company without bosses, and do well.”
This blog originally appeared in inthesetimes.com on January 25, 2016. Reprinted with permission.
Kari Lydersen, an In These Times contributing editor, is a Chicago-based journalist and instructor who currently works at Northwestern University. Her work has appeared in the New York Times, the Washington Post, the Chicago Reader and The Progressive, among other publications. Her most recent book is Mayor 1%: Rahm Emanuel and the Rise of Chicago’s 99 Percent. She is also the co-author of Shoot an Iraqi: Art, Life and Resistance Under the Gunand the author of Revolt on Goose Island: The Chicago Factory Takeover, and What it Says About the Economic Crisis.Look for an updated reissue of Revolt on Goose Island in 2014. In 2011, she was awarded a Studs Terkel Community Media Award for her work.
Tuesday, January 12th, 2016
Editor’s note: In These Times has covered the Friedrichs case since the beginning. For more pieces on the case and its potential impact, see this roundup.
Yesterday, the Supreme Court heard extended arguments in Friedrichs v. California Teachers Association. The case is ostensibly a First Amendment case about whether public employees who do not want to join a union can withhold all fees—the same as “right to work”—or whether unions can charge those employees fees—“agency” or “fair share” fees—to cover activities germane to collective bargaining. The plaintiffs, 10 objecting teachers and a Christian education association, were asking the Supreme Court to overturn the 1977 case Abood v. Detroit Board of Education that declared that agency fees were the proper compromise between workers’ constitutional rights and the government’s interest in promoting labor peace.
However, despite a fairly clear issue before the Court, the arguments proceeded bizarrely, jumping repeatedly between disparate issues. This seemed to be largely the result of two fairly unique circumstances surrounding this case.
First, the Supreme Court had almost no record that could be used to address basic questions. Usually, cases that end up in front of the Supreme Court take a slow path in front of lower courts, where evidence is introduced and a conversation of sorts develops between the parties and the judges. By design, the conservative Center for Individual Rights, which represented the plaintiffs, pushed this case through the system in record time.
At each lower court, the plaintiffs’ position was that the case should be dismissed on the basis of longstanding Supreme Court precedent. As a result, the plaintiffs were able to get the case in front of the Supreme Court in less than two years. But they did so without much evidence from which either side could draw from.
This led to arguments that were, at best, abstract political positions talking past each other. At one point, the attorney for the California Teachers Association tried to explain to Justice Scalia about the history of public sector agency fees and public services, arguing that in New York City the use of such fees helped the city deliver better transit services. When pressed by Scalia on how the fair share fees led to this result, the union attorney basically had to throw up his hands and state that without a factual record, he has little to rely on other than what was raised in the various amicus briefs.
However, it was not just the lack of a record in this case that made it so peculiar—it was also the broad assumption among the Justices and the attorneys that money is speech. Being required to pay a fee for a benefit is now considered compelled speech, and any expenses negotiated between a union and a government employer constitute political speech. In one telling moment of the argument, when the attorney for the State of California tried to argue that mileage reimbursement rates are among the prosaic matters that public sector unions negotiate, Chief Justice Roberts shot back, saying, “It’s all money. That’s money.”
Chief Justice Roberts further articulated this position when, in one of his classic simplifications (recall his 2007 affirmative action formula: “the way to stop discrimination on the basis of race is to stop discrimination on the basis of race”) he stated, “If your employees have shown overwhelmingly that they want collective bargaining, then it seems to me the free-rider concern that’s been raise is really insignificant.” Completely missing from Justice Roberts’ statement was any awareness of how people act in the real world, or half a century of social science research on collective action and the free rider problem. Instead, it’s as simple as: if they approve, then they will pay; if they don’t pay, they don’t approve.
According to the Court’s current First Amendment jurisprudence, money appears to be not only speech, but also the type of speech that deserves the highest form of protection. The problem with this view is that even if one assumes that money does represent some form of speech, it would represent among the most imprecise and inscrutable type of speech.
When someone buys a banana from Walmart, does that purchase signal that the buyer believes in Chiquita’s use of paramilitary organizations in Colombia, or affirms Walmart’s use of union-busters, or buys into the myriad of conservative causes supported by the Walmart and Walton Family Foundations? Or does it mean that the person craved a banana and found herself near a Walmart? It is impossible to know without engaging in actual speech with the individual.
In the yesterday’s arguments, Justice Breyer tried fruitlessly to point out that we have to beware in ascribing too much meaning to money. “You will go out this door and you will buy hundreds of things, if not thousands, where money will go from your pocket into the hands of people, including many government people, who will spend it on things you disagree with.” But with a quick out-of-context quote by James Madison, the attorney brushed aside Justice Breyer’s concerns.
In this case, which was purportedly all about the First Amendment, it was shocking how little speech or the political positions of the unions were discussed in the oral arguments. Indeed, though several of the Justices repeatedly cast teacher pay and merit pay as highly political issues over which teachers could disagree, it appears that Rebecca Friedrichs (the lead plaintiff in the case) actually agrees with the union on these issues.
This leads to the natural question of what happens when conservatives have completed the project of going after union money and actually go after union speech. Contrary to the picture painted by many of these conservative organizations, unions are not simply massive war chests secretly funding the Democratic Party. They are organizations that represent millions of workers each and every day in grievances, contract negotiations, the press, the legal system, the political sphere and in a variety of other domains. Unions engage in an enormous amount of “speech” on behalf of their memberships—is each and every part of that speech open to First Amendment attack?
Judging by the briefs submitted in this case and the oral arguments, there is good reason to be concerned about future attacks. After union dues and fees, the likely next attack will be about exclusive representation. If the Supreme Court here determines that the requirement to pay fees for representation violates public sector workers’ First Amendment rights, it is hard to see how they won’t also soon determine that public sector unions’ representation of workers does not also violate their First Amendment rights. While some union advocates have argued for the elimination of exclusive representation (especially in response to “right to work”), one has to recognize that American labor law was established with a careful balance in mind. Without required fees and without exclusive representation, the horizon will change greatly.
Though it’s impossible to divine from oral arguments which way the ultimate decision will go, yesterday’s argument showed a lack of understanding on the part of some of the justices of how unions function, an antipathy towards their activities on behalf of their membership and a view of them as being at odds with the Constitution. None of that bodes well for the outcome unions are hoping for in this case.
This blog originally appeared in inthesetimes.com on January 12, 2016. Reprinted with permission.
Moshe Z. Marvit is an attorney and fellow with The Century Foundation and the co-author (with Richard Kahlenberg) of the book Why Labor Organizing Should be a Civil Right.