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The Entire Labor Movement Should Be Paying Attention to Wisconsin’s Kohler Strike

Wednesday, December 9th, 2015

imagesTwo thousand workers at the Kohler faucet plant in Wisconsin have been walking the picket since November 16. Such a strike would have been commonplace decades ago. Nowadays it is a rarity. Major strikes of over 1,000 workers are few and far between. Even rarer are open-ended strikes at an industrial plant.

Today’s battered labor movement no longer thinks of watershed strikes; we are so beaten down and used to defeat that no particular loss is seen as critical. And sadly, it’s not as if labor must win this particular battle to survive. The truth is labor has learned to live with defeat. But a more fundamental point is at stake: Labor must redevelop the ability to win this type of strike if we are to have any chance of survival.

The Kohler strike is an open-ended, large scale, non-publicity style strike in manufacturing, a traditionally organized industry. Labor has become adept at hit-and-run publicity strikes such as the Walmart, retail and fast food strikes of recent years. Although important, these are not the fight-to-the-finish type battles, nor do they involve anywhere near the number of workers or level of participation, that this strike does. It is likely that more days of work lost to striking have accumulated in two weeks of the Kohler strike than in five years of retail and fast food strike activity.

Decades ago, victory or at least a draw in such a strike would have been likely. Here we have a union, the United Auto Workers (UAW), with close to a century of unionism and a long history of confrontational class struggle. The strike involves almost 100% participation by the workers facing a historically anti-union corporation. Indeed, the Kohler plant was one of the most anti-union holdouts in the North at a time when most corporations operating in Northern and Midwestern states like Wisconsin temporarily accepted workers’ demands for unions and the right to strike.

The Kohler plant has a history of intense battles, including a 1934 strike which resulted in the formation of a company union. After the workers abandoned company unionism for the UAW, one of the longest strikes in U.S. history commenced in 1954. The strike in many ways was a dividing line between the mass militancy of the 1930s era and the modern era, which outlaws effective trade union activity. The strike produced picket line militancy, congressional hearings replete with conservative attacks on militancy, a Supreme Court case and finally a settlement in 1966 which kept the union intact. Unlike in many of today’s battles, the national UAW and AFL treated this is a key battle and helped sustain a national boycott of Kohler products for almost a decade. Despite the company’s vehement anti-unionism, the labor movement was able to fight the battle to a draw.

As recent as 20 or 30 years ago, progressives in the labor movement regarded strike solidarity as critical to labor’s success. The idea was that when a section of the working class went into an important battle, all of labor must view their victory as our highest priority. Battles such as the P9 strike at Hormel in Austin, Minnesota, the Detroit news strike and the Staley lockoutdrew support from thousands of trade unionists across the country who viewed those battles as their battles. Today, in contrast, when workers choose to fight, they often do so in isolation or with sporadic support from the entire labor movement.

Former ILWU longshore organizing director Peter Olney wrote a perceptive article a number of years ago which could have been written about the Kohler strike. Writing in the aftermath of the RIO Tinto lockout where workers employed massive solidarity to beat back an attack of unionism at a long-organized mine, Olney called for reviving the lost art of strike strategy. After detailing the many forgotten elements of such strategy, Olney concluded, “Perhaps most importantly, the labor movement has lost the concept of ‘swarming solidarity.’ Central labor bodies—once charged with mobilizing labor forces in their geographic areas in support of striking or locked-out workers—have become principally tasked with political action work.”

Olney pointed out that defensive battles like the Kohler strike are critical for the labor movement to win. “Every time these battles are lost, it sends out a widespread message that unions can’t defend their members and the union movement is dead. Conversely, when workers win these fights, confidence in labor grows and organizing becomes a bit easier because of the positive demonstration effect.” By this measure, the labor movement must rally behind the battle of the Kohler workers and view their victory as essential for the labor movement.

Yet victory is far from certain, for we have seen this script play itself over and over in the last three decades. A local union, tired of the unfair management’s relentless attacks, decides to take a stand. The courageous workers go out on strike with spirits high on the picket line. After some spirited picket line activity, the employer seeks and obtains and injunction against mass picketing. The union largely complies with this directive. The more enlightened unionists in the city and throughout the country help organize some sporadic solidarity rallies and holiday fundraising while most in labor goes about their business. The employer hires permanent replacement scabs, and production continues. The strike is eventually compromised or lost.

If labor is to not just survive but thrive, we must be able to change that story line—and win. That means concrete acts of solidarity such as resolutions of support, solidarity efforts and fundraising. But it should also mean that the labor movement begins to discuss what it means to break out of this cycle of losses—a cycle that is directly attributable to the rules of the game being fixed in capital’s favor. One hundred years ago, the AFL under Samuel Gompers’ leadership strategized about how to defy injunctions, as did a generation of trade unionists in the 1930s.

Labor developed a philosophy of defiance to unjust laws and promoted the right to an effective strike. Today’s national labor movement offers no such strategic guidance and is far more likely to counsel compliance with unjust labor laws.

In recent years, many in labor have become accustomed to highly choreographed strikes and well-scripted campaigns. All those things certainly have a place in the worker’s movement. Yet, real trade unionism based on local unions rooted in the workplace do not work that way. We don’t always get to pick the battles we support or the struggles that take place. But solidarity, and our survival of the labor movement, requires we support those increasingly rare instances when workers do choose to fight. The Wisconsin Kohler strike is exactly such a battle in need of such support.

This blog originally appeared at inthesetimes.com on December 3, 2015. Reprinted with permission.

About the Author: Joe Burns, a former local union president active in strike solidarity, is a labor negotiator and attorney. He is the author of the book Reviving the Strike: How Working People Can Regain Power and Transform America (IG Publishing, 2011) and can be reached at joe.burns2@gmail.com.

 

How to Restore the Power of Unions?

Thursday, November 25th, 2010

imagesJulius Getman’s latest book offers a compelling answer

In the early 1990s, trade unionists in the United States abandoned the strike as a central component of trade union strategy. In its place, unionists and academic supporters focused on organizing the unorganized, one-day strikes and community campaigns. Yet on the main concern of the traditional labor movement—how to extract concessions from employers through collective bargaining—there has been virtual silence.

University of Texas Law Professor Julius Getman stands out as a rare exception to this trend. For several decades, Getman has urged the labor movement to focus on the fundamentals of trade union power.  Getman’s 1998 book, The Betrayal of Local 14, chronicled the heartbreaking International Paper strike of the early 1990s, making a strong plea for banning the permanent replacement of striking workers.

Fortunately for labor activists, Getman has written another about book about labor: Restoring the Power of Unions: It Takes a Movement (Yale University Press). The first half of Restoring the Power of Unions focuses on the Hotel Employees and Restaurant Employees International Union (HERE). Getman believes HERE’s member-centered unionism can serve as an example for the entire labor movement. The second half of the book provides insightful analysis on all-too-often ignored topics of trade union strategy, the shortfalls of the organizing approach and the need for labor law reform.

But throughout the book, Getman constantly directs the labor movement back to its true source of power: a mobilized rank and file.

Getman chose to focus on HERE because he believes that this union, “more than any other union, has focused not only on organizing and bargaining but also on creating a spirit of movement.” With hotel workers currently engaged in a high-profile, strategic battle against national hotel chains, Getman’s analysis is certainly timely.

Getman traces HERE’s transformation from a mobbed-up union into one of today’s more dynamic international unions. Along the way, he provides valuable analysis and history of HERE’s strikes at Yale University and the transformation of local unions in San Francisco and Las Vegas. To Getman, key to HERE’s transformation was the rise of a grouping of leaders who firmly believed the power of the union comes from movement building— thus the title of the book.

Restoring the Power of Unions makes another valuable contribution by analyzing the conflicted 2004 merger of HERE and UNITE, the garment workers union, into UNITE-HERE. Drawing on his decades of relationships with UNITE-HERE leaders, Getman provides a detailed account of the battle between former HERE leader John Wilhelm and former UNITE leader Bruce Raynor. To many media observers, this was merely a personality dispute—a fight over who got the corner office. To Getman, however, the dispute was over fundamental differences in union philosophy: between the top down philosophy held by Raynor and his allies in SEIU, and the member-centered unionism of Wilhelm and the core HERE leadership.

With the labor movement wracked by internal conflict in recent years (the split of Change to Win, the UNITE-HERE conflict, the civil wars in SEIU), figuring out the underlying politics can be mystifying. Restoring the Power of Unions helps explain part of the puzzle. (Luckily, another piece will soon be filled in by Steve Early’s highly anticipated book The Civil Wars in Labor, which will dissect the politics and practice of Raynor’s ally, the Service Employees International Union (SEIU), and is due out next year.)

Halfway through the book, Getman switches to trade union policy. Getman covers topics such as details on how labor law is stacked against workers, the restrictions on the right to strike and a critical analysis of the Employee Free Choice Act. Getman disagrees with many other labor scholars that simply amending labor law to include card check will resolve labor’s crisis.

Drawing on decades of research, Getman argues that issues of access to employees and underlying union strength are more important to union growth. To Getman, such problems can be only be resolved through pressure tactics such as comprehensive campaigns. The comprehensive or “corporate” campaign is the strategy of strategic mobilization and pressure on employers used by some unions, including UNITE-HERE.

At some points, Getman overemphasizes the power of the comprehensive campaign. When properly utilized, the strategy has proven able to beat back some of the worst concessions. For example, earlier this year mineworkers at Rio Tinto utilized member mobilization and international pressure to force an end to a lockout and reach a contract settlement. Represented by the ILWU, the members beat back some, but not all, of management’s concessions.

After 25 years, however, it is time to admit that strategy alone will not revive the labor movement. To do that, we need a labor movement willing to confront the system of labor control—the legal restrictions on the right to strike and solidarity—that hamstrings the labor movement.

Most labor commentators ignore the system of labor control’s restrictions on the right to strike. They focus on organizing or social unionism, ignoring the fundamental questions of union economics. Not Getman. He argues the restrictions on the right to strike are critical, particularly changing the rule allowing permanent replacement of striking workers. Unlike many commentators, Getman also discusses the importance of labor’s long-lost tactics of solidarity, the powerful secondary strikes outlawed by the Taft Hartley Act of 1947. To Getman, union power comes from solidarity—from workers acting together.

The main problem facing the labor movement is not employers, politicians or labor law. It is our way of thinking—a problem of incorrect strategy. It is time for trade unionists and all involved in the broader worker’s movement to debate the critical question of how to “restore the power of unions.” With Restoring the Power of Unions, Getman provides an invaluable contribution for those in the labor movement looking for answers.

This article was originally posted on Working In These Times.

About The Author: Joe Burns, a former local union president active in strike solidarity, is a labor negotiator and attorney. He is the author of the forthcoming book Reviving the Strike: How Working People Can Regain Power and Transform America (IG Publishing, 2011) and can be reached at joe.burns2@gmail.com.

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