Outten & Golden: Empowering Employees in the Workplace

Posts Tagged ‘Reagan’

This Lawyer Helped Reagan Bust the Air Traffic Controllers Union. Now Trump Wants Him on the NLRB.

Friday, September 22nd, 2017

Former President Ronald Reagan had a long history of clashing with organized labor, but his most infamous moment came in 1981, when he busted the Professional Air Traffic Controllers Organization (PATCO) and fired more than 11,300 air traffic controllers who were on strike. This act weakened the power of U.S. unions and set the stage for an all-out assault on organizing rights.

Thirty-six years later, Reagan’s lead attorney in the air traffic controllers case is poised to make decisions about thousands of unfair labor practices throughout the country.

As anticipated, President Donald Trump has nominated the management-side labor attorney Peter Robb, of Downs Rachlin Martin in Vermont, to serve as general counsel for the National Labor Relations Board (NLRB). This is a four-year position, and the individual who holds it is responsible for investigating unfair labor practices. Obama administration general counsel Richard Griffin’s term expires this November and, if confirmed, Robb would take over the position.

In 1981, Robb filed unfair labor practice charges against PATCO on behalf of the Federal Labor Relations Authority (FLRA) after a court ruled that the air traffic controllers’ strike was illegal. The FLRA case led to the decertification of PATCO, and Reagan subsequently banned most striking workers from federal service for their rest of their lives.

Reagan’s move set a new precedent for employers, emboldening them to attack labor more openly. In an interview with The Real News Networkfrom 2014, Joseph McCartin, Georgetown history professor and author of Collision Course: Ronald Reagan, the Air Traffic Controllers, and the Strike that Changed Americaexplained the long-term impact. “When Ronald Reagan replaced the air traffic controllers [in] 1981, it was still not common for American employers in the private sector to deal with strikes by trying to break them and by permanently replacing workers who’d gone out on strike,” said McCartin, “Employers saw that Reagan was able to do this and, in effect, get away with it. Many private-sector employers took a similarly hard line when workers went out on strike in the private sector.”

Robb’s connections to union busting certainly don’t end with the landmark PATCO case. In 2014, he was hired by the Dominion Nuclear power plant when the International Brotherhood of Electrical Workers (IBEW) began organizing workers. The Downs Rachlin Martin website contains a blurb boasting that Robb “represented a major national corporation in a National Labor Relations Board representation case proceeding, which had 34-days of hearing over 3 months to resolve 80 contested classifications covering hundreds of employees.”

In an interview this September, John Fernandes, a business manager for IBEW Local 457, told Bloomberg BNA that Robb represented used “scorched earth” tactics to thwart the organizing efforts. Fernandes says the plant added workers to the proposed unit in order to water down the union vote and sent videos of managers explaining the dangers of unionizing to the homes of employees. Ultimately, the plant was able to add more than 150 workers to the original petition and defeat the organizing drive.

“[Robb] handled most of the direct examinations, and his witnesses were well-schooled in advance—he’d ask one question and they’d go on forever,” Fernandes told Bloomberg BNA. “I was at a disadvantage, not being an attorney, but [the legal fees] would’ve been overwhelming for our local to pay … we certainly viewed it as union busting—it was a very long case.”

Robb also has previous connections to the NLRB. He worked as an NLRB field attorney in Baltimore during the late 1970s. He returned to the agency in 1982 as a staff lawyer and chief counsel for former member Robert Hunter. As a Republican, Hunter was an important ally to then-Chairman Donald Dotson, a staunchly anti-union member. In 1985, Rep. Barney Frank (D-Mass.) told The Washington Post that Hunter had been the, “most loyal supporter of Donald Dotson in the transformation of the NLRB into a fundamentally anti-union entity.”

More recently, Robb’s firm harshly criticized the Obama-era NLRB, as captured in a slideshow compiled by Robb and Downs Rachlin attorney Timothy Copeland Jr. The presentation took aim at some of the pro-labor positions made by the NLRB under the previous administration. “The [Democratic] NLRB majority continues to narrowly define NLRB supervisory status, sometimes defying all common sense,” one slide reads. New Republican members are “likely to agree that the Obama board went too far,” the slideshow explained.

One of the decisions that Robb objects to is a 2014 rule that cuts back the amount of time between the filing of a unionization petition and the union vote to 11 days. The GOP has been attempting to extend the number of days to at least 35. This move would give businesses more time to construct a plan to stomp out union activity, like the aforementioned Dominion Nuclear strategy.

“The NLRB has made it clear that the intent of the new regulations is to run an election as quickly as possible which, of course, will give the employer the shortest period of time to respond to a union election petition,” Robb and three other Downs Rachlin lawyers wrote in a 2015 advisory.

The Trump administration has already quietly laid the groundwork for the NLRB to emerge as a much more business-friendly entity. This reality was underscored in August, when Labor Secretary Alexander Acosta announced that Ronald Reagan would be inducted into the department’s hall of fame. Trump’s previous NLRB nominees all have connections to union-busting, and the expected nomination of Robb would effectively make the NLRB—responsible for enforcing labor law—an anti-labor agency.

This article was originally published at In These Times on September 21, 2017. Reprinted with permission.

About the Author: Michael Arria covers labor and social movements. Follow him on Twitter: @michaelarria

The UAW Vote in Mississippi is a Battle for the Soul of the U.S. Labor Movement

Friday, August 4th, 2017

After years of painstaking work by United Auto Workers (UAW) organizers to build support for a union at the big Nissan auto and truck assembly plant near Canton, Miss., the workers themselves will vote today and tomorrow on whether to accept UAW their collective bargaining voice at the plant.

“I think it [union approval] will pass,” UAW president Dennis Williams told a press conference just days before the vote, “but we’re doing an ongoing evaluation. We’ve been thinking about it for six to seven months,” roughly since the UAW held a large march and rally at the factory attended by Bernie Sanders. The union says it is particularly concerned about a surge in the kind of unlawful management tactics to scare workers that brought charges against Nissan this week from the National Labor Relations Board.

The Canton factory is one of only three Nissan factories worldwide where workers do not have a union. Built in 2003, it is one of a spate of auto “transplants,” or foreign-owned factories built with state subsidies for the past three decades, largely in the South and border states.

Many see the upcoming vote as another test of whether unions can thrive in the South, where union membership has historically been well below the national average. However, the battle is far greater. Now the corporate strategies and values of the South have persisted and influenced multinational companies, as well as labor relations and politics in the North. The Nissan campaign is best conceived as a battle for the U.S. labor movement.

Nissan has not yet responded to a request for comment.

Organizing the South

Organized labor, usually prodded by leftists in the movement, has undertaken high-profile campaigns in the South to organize unions across the racial divides. Such drives were especially prominent during the 1930s-era organizing upsurge and the post-World War II “Operation Dixie,” which lacked adequate support from existing unions and was plagued by internal political divisions.

The UAW has, at various times, escalated organizing in the South, especially when General Motors was considering relocating much production there in the 1960s—and when the transplant growth surged in recent decades.

Despite the shortcomings of labor’s campaigns, many union strategists think that unions can only reverse their decline by directly tackling the racist strategy of employers and their conservative political allies. But employers have many tools to divide workers, such as Nissan’s employment of temporary, contract workers to divide a predominately African-American workforce.

In recent years, the South has suffered key organizing blows, including the big defeat in January for the Machinists’ union trying to organize the new Boeing factory in Charleston, S.C., and the limited UAW success organizing a skilled trades union at Volkswagen in Chattanooga, Tenn. against a supposedly neutral employer. Such defeats typically inspire funereal chants for labor rights and unions, but sound like party music for managers and investors.

Yet, some organizers dispute that the South is impossible territory. One veteran organizer with the AFL-CIO, who has overseen many organizing drives in the South and asked not to be identified or directly quoted, said that he thought it was not significantly more difficult to organize in the South. It just took more time and more money.

The organizer cited one success that defied expectations: the campaigns over roughly 15 years to organize 26,000 workers and preserve business at Louisiana’s giant Avondale shipyards for a shifting cast of corporate owners doing repair and rebuilding work mainly on military contracts. Ultimately, a decline in military orders led its latest owner to close the shipyards, wiping out the organizing victory.

“The unions often do not realize it, but they have been winning in the South more than in the Midwest for years,” says Kate Bronfenbrenner, a Cornell University labor relations professor who specializes in research on union organizing. “Because [in the South] there are more women working, more African Americans, and because there’s less high-tech work.” Each of those categories of workers is more pro-union than their counterparts, thus building in a small theoretical advantage in the South.

The South’s poor labor standards are spreading

In the end, it may be that the poor labor standards of the South are spreading nationwide. The ascendant conservative political power of the new Republican Party, linked with the more aggressively anti-worker and anti-union policies of big corporations and financial firms, indicate that, in this country’s long Civil War, the South is gaining ground.

Consider what has occurred from 1983, when Ronald Reagan’s “morning in America” ads were on the horizon, as well as in 2016, when Donald Trump pledged to “make America great again.” Then and now, most people would consider Michigan and Wisconsin as typically northern, in terms of labor conditions and union density. Yet over that period, federal data shows that the percentage of all workers in Michigan who were covered by union contracts dropped from 32.8 percent in 1983 to 15.5 percent in 2016. For Wisconsin, the share dropped from 26.9 percent to 9.0 percent.

Unions are losing members and failing to gain new ones at an adequate rate to avoid the rough halving of the union share of the workforce over the past 15 years in most of both the South and the North.

Assault on workers knows no boundaries

It will be better for workers everywhere if the Canton, Miss., workers vote for the union, but management still has the upper hand. Workers are still weak and getting weaker nearly everywhere, with partial exceptions, like the Fight for 15 movement, which flourishes in nearly all of the country.

“Right to work” laws threaten unions nationwide, by prohibiting them from charging agency fees to workers who do not join the union but benefit from actions it takes. In recent years, the widespread passage of such laws outside of the South—now extending to half of all states—is a clear indication of the decline in union power.

Workers in Canton may win a union for a variety of reasons beyond the basic proposition that they need collective power to counter the power of their bosses. Or they may reject the union due to fear engendered by Nissan and its anti-union campaign, out of conservative political beliefs or for other reasons.

The best union organizers—and some very good organizers have played a major role at Nissan—understand how important it is to involve workers themselves as-organizers in reaching out to workers. In addition, organizers recognize it is vitally important to mobilize the progressive leaders and groups in the community for support, and employ a wide assortment of tactics to minimize the influence of the boss’s war on unions—a war conducted in large part on turf and terms favorable to the employer.

However, if the labor movement is striving to with significant gains for workers, it must create a progressive strategy for politics, workplace organizing and culture that focuses on the working class very broadly construed, including multiple levels of poverty, affluence and job histories. U.S. union organizing will need to strengthen and expand its community activities to develop a broader range of strategies to defeat racism. Within such a political context, union organizing might prosper—and workers might do so as well.

Whether the UAW does or does not win this summer, future successful organizing of workers in their communities and workplaces require an alternative political force that is more supportive and transformative.

 This piece was originally published at In These Times on August 3, 2017. Reprinted with permission.
About the Author: David Moberg, a senior editor of In These Times, has been on the staff of the magazine since it began publishing in 1976. Before joining In These Times, he completed his work for a Ph.D. in anthropology at the University of Chicago and worked for Newsweek. He has received fellowships from the John D. and Catherine T. MacArthur Foundation and the Nation Institute for research on the new global economy.
Your Rights Job Survival The Issues Features Resources About This Blog