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Corporate Accountability and WorkPlace

The Brilliance of Labor

By Nathan Newman, TPMCafe. Posted September 4, 2006.


On this Labor Day, celebrate the justice of the movement and those fighting -- and winning against -- tough odds in the modern global economy.
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The Brilliance of Labor
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Admit it. Many of you think labor unions are dinosaurs, lumbering beasts with pea-sized brains stumbling along waiting for extinction in a world passing them by. God knows, union leaders have done stupid things at times, but what strikes me is the sustained innovation and intelligence by unions over the last decade or so, barely noticed by the media or even fellow progressive activists.

So on this Labor Day, this is my celebration not of the justice of the labor cause, but of the brilliance of those fighting and often winning against long odds in the modern economy.

What's Been Won: Just surviving in the fact of political and corporate assaults by a rightwing that wants to kill off labor is an underestimated victory. I remember in the early 90s when talk of the death of the labor movement started and many analysts confidently predicted that union workers would make up less than 5% of the workforce. If you look at this table, labor has seen some steady erosion in the percentage of works organized since the early 90s -- although even that stabilized a bit last year -- but the actual number of workers unionized has largely stabilized around 16 million members in the last decade.

With total annual budgets from dues of $5-6 billion per year and with hundreds of billions od dollars in union-connected pension and health funds, unions remain the only institution that combines more resources that pretty much all other progressive groups combined with a mass membership. Which is why they have faced bad laws, hostile courts, and anti-union political and corporate attacks-- and their holding onto to nearly 16 million members is a testament to the innovative tactics and strategies they have developed over the years.

And what were those strategies?

Card Check to Replace a Hostile NLRB: As federal labor law and the National Labor Relations Board largely abandoned protecting workers, leaading to over 20,000 workers being fired each year for trying to organize unions, labor leaders realized in the last decades that they needed to emphasize new ways to strengthen the freedom of workers to form unions without depending on the NLRB. The tool was pressuring companies to agree to have independent groups - church leaders or private arbitration groups - measure whether a majority of workers had requested having a union brought into the workplace. (See these resources at American Rights At Work for more on how card check works).

The results have been dramatic. In an early signature campaign reviving the fortunes of the union movement, janitors began organizing around the country, largely using card check to win. In Los Angeles, for example, a union local where once 5000 workers were organized collapsed down to just 1800 members by the mid-0-s. But with the support of community allies, they used dramatic street protests to pressure janitorial companies to recognize the union and raise wages and benefits in the industry. Now, over 25,000 building service workers are organized in California alone. Similarly, hotel unions in Las Vegas would use card check to expand a local to over 50,000 members in that city alone.

And in the high-tech world, traditional telephone-based unions used card check to make inroads into new industries like cell phones. The Communication Workers of America has organized over 39,000 cell phone workers at Cingular Wireless, many of them workers in the US South. After initial resistance, this campaign has even forged a partnership with SBC (now AT&T) that has helped workers and management pursue win-win gains in the workplace, rather than the hostility bred of constant union busting and outsourcing in so many industries.

Corporate Campaigns: Beyond traditional "street heat", unions have begun wielding economic resources they control, such as union pension funds, as part of the tools to pressure companies to agree to card check agreements. William Greider in this Nation article describes many of the tactics used by labor, from proxy fights to shareholder lawsuits, to put pressure on management, but one of my favorite descriptions of this work is by an anti-union consultant who explains to companies in this piece what they face. The author describes the combination of boycotts, pension actions and other publicity actions as a coordinated strategy that brilliantly turns former financial allies against corporate management:

These tactics are not meant to get banks or consumers or regulators to redefine their self-interest. Rather, they encourage these constituency groups to act selectively in their own self-interest. The campaign tries to create a business environment in which that self-interest actually promotes the goals of the unions and anti-corporate groups. Thus, the company’s essential supporters become de facto allies of its opponents. This is a very sophisticated organizing strategy.

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After all the bad news it's refreshig to hear some good news.
Posted by: Lincoln fan on Sep 4, 2006 5:45 PM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
But the unions don't have much clout with the federal government. It's not like the depression days when the Democrats fought for labor to get their votes. I think that their problem is that that the Democrats take their campaign contributions and their votes for granted. They have to use a strategy to force the Democrats to appreciate them.

I think that they can get the Democrqts to commit to support legislation favorable to unions before the elelction. They simply have to tell the DLC what they want in their platform and to threaten to cast a protest vote for "Honest Abe" if they don't get it. This is similar to the strategy of a labor strike. Their 16 million members carry a terrific punch.
Bob Reichenbach
Director, The Lincoln Initiative.

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Work is unnatural, dehumanizing
Posted by: Moonray on Sep 4, 2006 5:46 PM   
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The entire modern approach to living is strange, unnatural and dehumanizing. Consider: For hundreds of thousands of years, people lived in small, loose-knit groups, supporting themselves by hunting, fishing, gathering and a little farming.

In the past few centuries all this has changed radically. Now most people are obliged to leave their homes each day to toil in largely meaningless pursuits for which they are paid just enough to support them so they can keeping toiling. It's madness.

Modern work is toxic in itself. People should be free, voluntarily trading small amounts of labor -- an hour or two a day, at most -- for food, shelter and other amenities. And that is perfectly feasible, given modern manufacturing and distribution techniques.

Down with work! Workers, unite! You have nothing to lose but your 401K -- and chances are you'll lose that anyway in the next market crash.

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Simple Question
Posted by: NoPCZone on Sep 4, 2006 8:45 PM   
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When are the Labor Unions going to get off their a*s and challenge 'Right To Work' laws in the courts? These laws were bought and paid for by people and groups intent upon busting labor and preventing organization. Instead of bankrolling the next generation of do-nothing politicians the unions need to pool their money and legal talent to protect the legal right of all workers to organize and collectively bargain.

If they cannot deliver on that then the rest is just bar stool conversation.

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» RE: Simple Question Posted by: Lincoln fan
Why don't we have Labor Day on May1, like the rest of the world!
Posted by: ScottGregory on Sep 4, 2006 8:45 PM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
It's American hubris, all over again. We're special; we're god's chosen nation! We don't need no metric system, either! We're special, blah! blah!

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Newman's Own But With Tom Friedman's Rhetoric
Posted by: pelle_in_goal on Sep 5, 2006 9:11 AM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
Are we supposed to think: "megacorporations have Thomas Friedman, now labor has Nathan Newman?"

While the hostility of the NLRB to unionizing efforts continues, let's not get too giddy about card checks. The efforts so far don't even represent stopgaps to the erosion of collective bargaining rights. Worse, while card checks admittedly make organizing a work site easier, they offer no significant detour around the NLRB.

[From the website Newman mentions "American Rights At Work. It's at: http://www.araw.org/]:


"Q: How do card check procedures work under the Employee Free Choice Act, and how are they different than current law?

A: Under the Employee Free Choice Act, when a majority of employees sign union authorization forms, they can file a petition with the National Labor Relations Board (NLRB) and the NLRB must investigate the petition. If the NLRB determines that authorization forms have been signed by a majority of employees, it must certify the union as the employees' collective bargaining representative. The principal difference with current law is that the union must be certified when authorization forms have been signed by a majority of employees, whereas under current law the employer can refuse to recognize the union and insist instead on an NLRB election. Another difference is that the NLRB, rather than another neutral third party, must directly determine whether a majority of employees have designated the union as their collective bargaining representative. "

Newman's notion that unions will organize card check campaigns under the watchful eye of some 3rd party neutral remains largely illusory. 3rd parties may conduct the process, but the NLRB retains the final say. Ergo, the Act merely offers a neutral third-party solution only as an option.

By the way, do 3rd parties even exist? Like what -- the Council of Churches, the local Kiwanis or Lions, the Chamber of Commerce, the American Legion -- what? It certainly won't be the ACLU or the NOW. Just who does get the final say in card checking elections is not hard to predict. My best guess it's something in the local business community.

At best, the law is designed to deceiptfully augment the NLRB in its duties, not replace or circumvent them. The Federal Card Check Act doesn't contain language to make the NLRB's feet move any quicker -- other than in certifying union registration -- and that only as long as certification meets the NLRB's new guidelines. They will continue to require a first-time contract to be bargained in good faith" -- a guarantee that the NLRB is already supposed to enforce. Meanwhile, sychophantic "company" unions will have the same rights to organize workers as genuine collective bargaining units.

Even if the NLRB establishes more efficient authentication and authorization models -- the NLRB can play the old game of treating the Act as an "unfunded Federal mandate." Any pro-business Administration, can starve the NLRB for funds. Sadly, the NLRB will probably continue in Margaret Chao McConnell's mold: stall -- then bust -- unionization and unions.

While the NLRB "guarantees" the right of either party to binding arbitration, ultimately that process can take over two years. Meanwhile, appeals of civil penalties over employer non-compliance will continue via the Federal courts. Trebling mandatory $20,000 fines does not always result in employers trembling in their boots over some minute civil payout for employee or union harrassment. It rarely has in the past.

Employee Free Choice sounds about as sincere as "Right To Work." Worst of all, it makes no allowances for closed shops. In effect, management's greatest tool -- that of the dividing and conquering its work force -- remains in effect.

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Pay close attention, profundity knocks at the door, listen for the key...
Posted by: SevenStarHand on Sep 5, 2006 1:25 PM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
Hello again all,

There is pivotal knowledge (wisdom) to help you and others focus on the root causes of and solutions to humanity's seemingly never-ending struggles, instead of being forever mired by symptoms and obfuscatory details.

Read on here...

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This article doesn't seem real to me . . .
Posted by: yesman on Sep 5, 2006 8:38 PM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
. . . because I, a working-class person, like most other working-class people, HAD TO WORK on Labor Day. Isn't it rather ironic that, on a day which is supposed to honor the working person, the only people who actually get the day off to celebrate AREN"T WORKING CLASS?! They might be office workers or government employees, but the majority of the working class (i.e., those in the euphemistically-named "service economy") have to work on the holiday which is supposed to honor them/us. Does the absurdity of American life have no limit?

And, of course, most of those who have the day off don't even notice the irony, because they're all out piling into their local Wal-Marts and movie theaters and fast-food franchises, since, God only knows, they couldn't possibly think of ANYTHING to do for even ONE FREAKING DAY except shop, consume and numb their brains with mass-produced "entertainment."

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