STANDING UP FOR LUX ET VERITAS

The good folks at Yale Alumni for Social Justice have kindly posted a paper I wrote sophomore year about the organizing campaign through Yale clerical workers won union representation twenty years ago and the strike which achieved their first first contract. It explores how they won and what implications it has for some of the prevalent theories about gender and union organizing. If you’re interested, check it out, and if you’ve written an article or paper about social justice struggles at Yale, send it to them.

A WIN IN NEW YORK

Had a great weekend in New York, and got to see several friends (including this one) in various parts of the city, thanks in no small part to the hard work of the MTA employees who make the subway run every day. My sense is that Steven Greenhouse is largely right in his assessment that the deal represents a real victory for the Transport Workers’ Union. The biggest concession made by the union, its agreement to have workers pay a small portion of healthcare costss, is a real and unfortunate one. But it managed to hold the line on pensions and dramatically retroactively improve the the pensions of many workers while winning maternity leave and an MLK Day holiday. And the union routed the MTA on the issue likely to have the greatest long-term significance: the MTA’s bid to create a two-tiered workforce by convincing current workers to sell out the men and women who will do their jobs in the future by consigning them to inferior contracts.

That transit workers were derided as selfish for striking to protect the benefits of future workers is one of the bitter ironies of this strike (there are others, like the absence from the press of mention that the MTA’s insistence on pension concessions was as illegal as the union’s strike). But evaluating the nobility of choices based on whether they are in the self-interest of those who take them is a bankrupt approach anyway. These workers made the difficult choice to strike their jobs and picket in the face of freezing weather and hostile media to secure better livelihoods for themselves and their current and future co-workers. And then they went back to work at a job few of the perpetually aghast conservatives heaping racialized insults on them could imagine doing.

It’s a shame it had to come to a strike. This contract could have been signed a month ago if George Pataki had wanted it. The last minute worsening of the MTA’s contract suggests that what he wanted is a strike, and he got it. In terms of public opinion, however, things didn’t quite go the way he planned.

YES IT WILL

Ezra Klein claims that

making Wal-Mart do better will not change [T]arget, or whoever dominate[s] the next major industry.

Of course it will.

Right now, Wal-Mart is militating against living wage employment with human rights nationally by forcing higher-wage employers out of business and inspiring competitors to ape its strategies for temporarily squeezing as much labor power as possible out of each of their employees before dumping and replacing them. Puffed up with public subsidies, Wal-Mart is the pep squad as well as the front-runner and the finish line in the race to the bottom. Transforming Wal-Mart into a progressive ally, as Ezra rightly seeks to do, would cease the damage Wal-Mart is currently doing far beyond the ever-multiplying communities which it’s entered.

And transforming Wal-Mart will send a clear signal to its competitors. Wal-Mart does business the way it does – locking employees indoors, forcing them to work off the clock, vetting them for class consciousness – because it can get away with it. When Wal-Mart changes, it will be because a broad-based coalition has used effective mobilization and pressure to show that they can’t.

The longest strike in the history of the Hotel Employees and Restaurant Employees International (HERE, now merged to become UNITE HERE) was the strike at the Las Vegas Frontier Hotel and Casino, fought against a viciously anti-union family which preferred to run their hotel into the ground rather than settling with the union. These people reprogrammed their sprinkler system in an effort to target picketers. Once they caved in 1998 (the family essentially went bankrupt and had to sell the hotel to someone else willing to settle), after a six-and-a-half year strike during which none of the 550 strikers crossed the picket line, workers at each of the neighboring hotels were able to win recognition without having to go on strike for a day.

The same principle, writ large, is at work in the campaign to transform Wal-Mart. Wal-Mart is the biggest and the baddest, and a movement which fought them and won would entirely reshape the playing field in the struggle over whether we a s a country will race to the bottom or pave the high road. Change them, and you change the country.

GOOD LABOR NEWS

In the spirit of the holiday, three pieces of good recent labor news with good long-term implications as well:

The same week Wal-Mart announced its lowest profits in years, the launch of Robert Greenwald’s film “Wal-Mart: The High Cost of Low Price,” with thousands of showings nationwide was a huge success, as was WalmartWatch’s coordinated “Higher Expectations Week.” Last week showed definitively that just as battling the Wal-Marting of our economy has become a top priority of the labor movement, it’s moved into a position of prominence on the national radar as well. This issue is finally coming to be understood for what it is: the frontline in the struggle over whether democratic majorities or corporate ultimatums will shape our economy. And its potential to bring together feminists, environmentalists, unionists, trade activists, anti-sprawl activists, and immigrant rights activists is finally being realized in a way it hasn’t before. The foundations for a truly effective targeted international campaign are finally being laid. Also, my Mom is telling everyone she knows to shop at CostCo instead of Wal-Mart.

The AFL-CIO and the Change to Win Coalition announced a tentative compromise on the issue of non-AFL-CIO local participation in country and state labor federations. This was the first serious test of the ability of an American labor movement split for the first time in half a century between two competing federations to lay the groundwork to work together on common challenges at the local level. A compromise here – like the SEIU/ AFSCME anti-raiding agreement – bodes well for a future in which each federation pursues different national organizing strategies while pushing their locals to work together to push for progressive change and hold the line against anti-labor candidates, initiatives, and employers.

And Histadrut Head Amir Peretz unseated Shimon Peres as Head of Israel’s Labor Party. Much of the analysis in the wake of that election has understandably focused on its role in prompting Peres and Ariel Sharon to bolt from Labor and Likud, respectively, to form a “centrist” party of their own (it’ll be interesting to see what this means for Labor’s relationship the left-of-left-of-center Meretz Yachad party, itself the result of a recent merger). But Peretz’s ascension is historic in its own right, as it represents the reclamation of the Labor Party by Israel’s foremost Israeli labor leader. Peretz won by doing what few Israeli politicians have done much of recently: talking about issues beyond hamatzav (the situation, i.e., the Israeli-Palestinian conflict). That includes mounting unemployment, extreme poverty, and severe economic inequality largely mapped along lines of race and immigration status. These issues have only worsened from neglect, and Peretz’s ascension to head of Labor offers a real chance to put them back on the national agenda – and offers Labor a chance to pull impoverished voters away from more conservative parties, like Shas.

Happy Thanksgiving.

BORROW AT WILL

Faced with the prospect of having to cover something substantive, like Judge Alito’s long record of anti-worker jurisprudence, which Nathan Newman documented and Sherrod Brown wrote a letter about to Mike DeWine, the Cleveland Plain Dealer decided that the more interesting story was Brown’s use of Nathan’s work without attribution. As Nathan himself writes:

Were they deceived that Brown got on LEXIS, did the legal research himself, and wrote every word of the letter he sent Mike DeWine himself? This is the comparison to academic plagiarism, but the difference between students (and I teach two classes) and politicians is that we expect students to do their own research. Politicians have speech writers and use other peoples ideas without attribution all the time.

So the problem isn’t using other people’s ideas, but that somehow the American people assumed that Brown paid good money to staff for these unattributed ideas and the fact that he got them for free from a blogger is a scandal. Now, if I was a volunteer on the Brown campaign, and not a paid staff person, would all these conservatives beating their breasts over plagiarism still see a problem? I doubt they could do so with a straight face. So is the problem that I am an independent political activist offering my ideas to all progressive comers, without working for Brown specifically?

As Nathan notes, he posted the piece not only on his own website but on DailyKos, every page of which bears the disclaimer:

Site content may be used for any purpose without explicit permission unless otherwise specified.

But in case any intrepid Senate campaign staffers are out there looking to lift writing from a (less talented, younger, unmarried) blogger, let me offer an additional disclaimer of my own for Little Wild Bouquet:

Take whatever you want (as long as you don’t re-write it to mean the opposite). Please. Take it all. Have at it. No, really. This means you. You know you want it.

Please?

Anybody?

WAL-MART: CAST OUT THE SICK

Wal-Mart’s Vice President sends the Board a memo suggesting the company cut down on the costs of providing health insurance when employees get sick by driving away any employees who could use health insurance:

Redesign benefits and other aspects of the Associate experience, such as job design, to attract a healthier, more productive workforce…Decrease cross-subsidization of spouses through higher premiums or other charges…[life insurance] is also a high-satisfaction, low-importance benefit, which suggests an opportunity to trim the offering without substantial impact on Associate satisfaction…reducing the number of labor hours per store, increasing the percentage of part-time Associates in the stores, and increasing the number of hours per Associate…Wal-Mart should seek to attract a healthier workforce. The first recommendation in this section, moving all Associates to consumer-driven health plans, will help achieve this goal because these plans are more attractive to healthier Associates. The team is also considering additional initiatives to support this objective, including: Design all jobs to include some physical activity (e.g., all cashiers do some cart gathering…It will be far easier to attract and retain a healthier workforce than it will be to change behavior in an existing one. These moves would also dissuade unhealthy people from coming to Wal-Mart.

Put simply, Wal-Mart’s strategy is one of cost-cutting through squeezing workers out of full-time work and discrimination against qualified applicants. As Jacob Hacker writes:

what this memo makes clear is that Wal-Mart’s recently touted effort to “upgrade” its health plan ultimately amounts to a gutting of the very concept of health insurance…how to deal with these exploding costs? In a nutshell, get rid of “cross-subsidization” (yes, the memo actually uses the word) — of spouses, of the old, of the sick. Newman points out that this may be grounds for an ADA suit. But equally important, it is a view totally at odds with the concept of insurance. Insurance, after all, is all about cross-subsidies

This comes after a weekend Wal-Mart devoted to pitching itself as a progressive employer. Tough sell there.

OVERHEARD TODAY AT THE PHILADELPHIA AIRPORT

“The problem is, if you do something for one of these [union] locals, the others start to expect it. If you were union-free you wouldn’t have this problem, but that’s a hard situation to create…3.5% raise sounds a little rich to me. Look, if we’re out here trying to show these guys that there’s not a benefit to their collective bargaining agreement with the Teamsters, 3.5% is not the way to do that…We could put together a benefits package and show that ours [were] superior – I don’t even know if that would help us. We need something.”

WHAT IS BARACK OBAMA SAYING?

Friday, Barack Obama wrote a response to blogospheric criticism of his criticism from the Senate floor of advocacy groups which were condemning Senators who voted to confirm Roberts (Obama himself voted against confirmation). He makes some points I agree with, and some I don’t. Most frustrating, though – and all the more so given his gift as a writer – are the arguments which sound nice but whose meanings are difficult to tease out at all. Like this one:

My colleague from Illinois, Dick Durbin, spoke out forcefully – and voted against – the Iraqi invasion. He isn’t somehow transformed into a “war supporter” – as I’ve heard some anti-war activists suggest – just because he hasn’t called for an immediate withdrawal of American troops. He may be simply trying to figure out, as I am, how to ensure that U.S. troop withdrawals occur in such a way that we avoid all-out Iraqi civil war, chaos in the Middle East, and much more costly and deadly interventions down the road. A pro-choice Democrat doesn’t become anti-choice because he or she isn’t absolutely convinced that a twelve-year-old girl should be able to get an operation without a parent being notified. A pro-civil rights Democrat doesn’t become complicit in an anti-civil rights agenda because he or she questions the efficacy of certain affirmative action programs. And a pro-union Democrat doesn’t become anti-union if he or she makes a determination that on balance, CAFTA will help American workers more than it will harm them.

There are several ways to read this argument:

One is that what matters is a politician’s values, and not individual votes, and so it’s wrong to call a politician “anti-civil rights” for casting votes which hurt the cause of civil rights. The problem with this argument is that we elect representatives to cast good votes, not to personally sympathize with us and our values.

Another is that none of us has the right to decide what these labels mean – that it’s arrogant and inappropriate for pro-choice activists to tell politicians what it should mean to be pro-choice. The problem with this argument is that there’s no point in working to advance the cause of “choice” in general if that excludes advancing a particular understanding of what is and is not pro-choice policy. While it’s arguable whether or not the movement would be served by more politicians claiming the pro-choice mantle without changing their policy positions, but it certainly be insufficient.

Another argument which could Obama could be making here is that is that immediate troop withdrawl from Iraq, opposition to parental notification laws, defense of affirmative action from “questioning,” and opposition to CAFTA are not in fact serving the goals of the anti-war, pro-choice, civil rights, and labor movements, respectively. In other words, he could argue against the positions he thinks Democratic senators are wrongly being held to on the merits. But if there’s any such criticism here, it’s only implicit (Obama, for the record, voted against CAFTA in the Senate, voted against parental notification in the Illinois Senate, and is not calling for an immediate withdrawl of all US troops).

Given that Obama seems not to be articulating that argument, he could be arguing that these particular issues are just not important enough to make a big deal of. But it’s hard to imagine the groups he names not putting up a fight over these issues, and it would be hard to believe that Obama would expect them not to. CAFTA was the first comprehensive trade deal to come before the Congress under Bush, crafted to erode worker protections which accelerating the race to the bottom. Parental notification policies are, along with denial of government funding, one of the major policy impediments to women’s substantive exercise of their right to choose.

A more spurious argument which Obama seems implicitly to be making through questionable word choice is that the problem with these left-wing advocacy groups is that they’re out to restrict elected officials’ freedom of expression by punishing them for not being “absolutely convinced” on parental notification or “making a determination” they don’t like on CAFTA. To the extent that advocacy groups criticize elected officials for critical public statements, they’re not chilling speech – they’re responding to it, and I’d say there are some criticisms which are deserved and others which aren’t. But phrases like Obama’s here aren’t really about speech – they’re about votes. To describe a pro-choice group as punishing a legislator for not being convinced of something conjures up Orwellian images, but what pro-choice groups are taking legislators to task for isn’t private thoughts – it’s how they legislate.

The final argument that I think could reasonably be read from this paragraph, is that advocacy groups shouldn’t expect politicians to vote the way they want all of the time. But why not? Certainly, it would be a poor tactical choice for such groups to predict that everyone they want will vote however they want all of the time. But given the premise that their positions are the right ones (and with the exception of immediate and total withdrawl, I believe they are, and Obama seems to as well), shouldn’t support of all of their positions be the standard against which they judge elected officials? Does Obama really expect the National Council of La Raza to make public statements like, “Sadly, the Senator is only 85% of the way to casting votes to extend rather than restrict civil rights at least 60% of the time”? Elected officials, locally as well as nationally, often revel in disparaging “activists” for failure to understand the necessity of compromise. The first problem with that critique is that too often, the compromises are bad ones. The second is that the way we get good compromises is by having leaders on our side who are willing to take strong stands in the face of opposition. Obviously, writing a politician off as not worth working with in the future because of a vote on a particular issue is just bad politics – if you’re not organizing them, someone else is. But there’s a difference between writing off politicians who cast bad votes and being willing to publicly point out that those votes are bad. Voting for CAFTA may not make an otherwise pro-union legislator anti-union for good, but those of us who believe voting against CAFTA is the right vote and the pro-union vote to cast are, it seems to me, obligated to regard a politician who votes for CAFTA as less pro-union than if she hadn’t. Otherwise, we might as well pack up and go home.

Or maybe all Obama was trying to say was that left advocates should soften their rhetoric. I don’t think describing a Senator who votes to confirm a nominee for Chief Justice as in some way “complicit” in particularly aggregious decisions that Justice makes on the court is in any way out of bounds (and yes, that means Russ Feingold, of whom I remain a big fan, bears some degree of responsibility for what Justice Roberts does on the court). And I don’t think the left or the country are well-served when advocacy groups whose fundamental mission is an ideological one, not a partisan one, hold their fire in taking politicians of one party to task for actions for which they would condemn members of the other. Is there some exaggerated, over-the-top, nastily personal rhetoric out there? Of course. But if that’s what Obama takes issue with, he could have found a clearer way to say it.

AMERICAN APPAREL

Last month, Zach linked to this Village Voice piece reporting that American Apparel, the New York clothing outfit promoting itself as worker-friendly and advertising itself in the left alternative press, treats its workers in a manner which falls far short of its progressive image (much like, well, the Village Voice itself):

In September 2003, American Apparel workers began organizing with UNITE to address concerns like no paid time off, problems with production methods, conflicts with supervisors, and lack of affordable health care…Charney resorted to time-honored bad-boss techniques: interrogating and intimidating employees, distributing anti-union armbands (and T-shirts!), holding captive meetings, and worst of all, threatening to close down the plant altogether if the drive was successful. The union filed charges with the National Labor Relations Board, the result of which was that the company had to promise to drop its union-busting tactics, but for now, at least, the union drive is derailed…three employees have filed two suits alleging, among other things, that Charney invited an employee to masturbate with him, gave an employee a vibrator as a gift, exposed himself to an employee, conducted business in his underpants, and instructed an employee to offer a shopper a job on the spot because he wanted to have sex with her.

Some other folks showed up to defend American Apparel in the comments section, and Zach responded ably, and further in a post here:

Attempts by commenters to dismiss the sexual harassment complaints strike me as contrived, as extremely sketchy, as insufficient, and cast doubt on the veracity of other claims they are making. Whether or not any of this goes to trial, these claims, like all claims of sexual harassment at work, need to be taken seriously. Otherwise you end up with Clarence Thomas. I find Dov Charney’s statement in the infamous Jane article, quoted by a Washington Square News columnist, that “women initiate most domestic violence,” deeply troubling…Commenters claim that UNITE HERE duped workers into believing Charney didn’t want the union but offer no proof of this. I remain skeptical…Commenter “Julio” argues that workers could have simply gone up the block to the LA Times to complain. I wonder how long they could have kept their jobs if they had done so openly or had been discovered doing so clandestinely. I’m not buying Julio’s argument…Why is Dov Charney so opposed to his workers having a collective voice? What kind of equilibrim has he created in which workers can’t speak unless through channels initiated and controlled by management? Just who printed those armbands anyway? How does an ostensibly “pro-labor” or “pro-worker” company justify captive audience anti-union rallies and threats of plant closure? High wages, benefits, and even paid time off are no substitute for a voice on the job. If American Apparel’s corporate brand managers want to keep representing their product as “socially responsible,” they have some questions they need to answer.

Check it out (as well as this intriguing digression reminding us of what noble and necessary worker resistance to reactionary unions actually looks like). Looks like – as is all too often the case (check out Thomas Frank’s The Conquest of Cool– American Apparel’s “progressivism” exists more a marketing strategy than as a principled commitment. Just listen to Dov Charney – who claims his company is sort of “capitalist-socialist fusion”, defend busting unions: “”If you ask 1,000 CEOs worldwide if they thought a union would be an obstacle to the company, I think the majority would say it’s a risk.” No surprise from the man who believes that “women initiate most domestic violence.”

THE OTHER SIDE OF ROE

One of the more interesting points William Saletan makes in Bearing Right is that as long as a sizeable number of Americans believes neither that a woman has a right to choose nor that a fetus has a right to life, we’ll continue to see employers, judges, parole officers, and others pushing policies which should trouble those who believe in either – policies which deny pregnant women who want to carry a fetus to term, or women who want to retain the ability to get pregnant in the future, the chance to do so. The case studies Saletan explores show that when the issue is mandatory abortion, pro-choicers and “pro-life” activists have generally been united in defending a woman’s right to choose birth, though in cases where the issue is mandatory sterilization, “pro-life” organizations have too often stood with those who would take away a woman’s or man’s reproductive autonomy, whether permanently or for the duration of coercively-implemented injections.

The ultimate line of legal defense for women told that sacrificing the chance to have a child is the cost of a job or a parole is that much-maligned but nationally popular decision, Roe v. Wade. One of these women is April Thompson, who is suing Piedmont Management Associates for firing her over her decision to remain pregnant:

According to the lawsuit, when Ebert found out Thompson was seeing a fertility doctor, she told her she was “worried that she was trying to get pregnant.” “If you get pregnant, you will have to move because I am not putting up with any babies around here and you also won’t have a job,” the lawsuit says Ebert told Thompson. “The guys and I do not even hire single mothers because of the problems. I know you have some great delusion that you will be a great mother, but you won’t — you can’t even take care of your dog.”…According to the lawsuit, when Ebert found out, she demanded that Thompson get an abortion.

April Thompson is a poster child for the centrality of privacy and workers’ rights to the pursuit of happiness this country promises. And her case represents the danger of a jurisprudence which would elevate an ostensible “free contract” right to sign away your personal freedom over individual rights, and the judgment of the state over the bodily integriy and autonomy of the individual. It reminds us why, if John Roberts still sees Roe as “unprincipled jurisprudence” and scoffs at a “so-called right to privacy,” and plans to remain the “go-to lawyer for the business community, then America deserves better than John Roberts on the Supreme Court.

LABOR ROUND-UP ROUND-UP

Are we meta, or what?

Nathan Newman’s labor news round-up brings together stories on the implications of the AFL-CIO split, its local impact, future organizing opportunities, state law, and the international movement.

The Bellman’s zwichenzug followed up that round-up with a labor blogging round-up of his own, bringing together a range of views on issues from the historical meaning of the split to open-source unionism to the UAW’s endorsement (this site makes it in there too).

Now that the cries of the people (both of them) have brought the reign of the ubiquitous block-quotes to an end on this site, I’ll just plead with you, kind reader, to follow those links.

FROM MISERY, PAST POVERTY

Spurred by this Washington Post profile in which National Labor Committee Head Charles Kernaghan describes the sweatshop workers for whose rights he advocates as seeking to move “from misery to poverty”, Matt Yglesias makes the classic anti-anti-sweatshop/ anti-anti-child-labor arguments:

people who don’t have sweatshop jobs are miserable. So miserable, in fact, that the terrible conditions in sweatshops are better than their best other alternative. Closing down the sweatship option would seem to just force everyone to stick with misery…as long as the alternative to sweatshops is what anti-sweatship activists concede to be misery, then people will want the sweatshop jobs and it’ll be mighty hard for rich country liberals to stop corporations from making them available.

The assumptions Matt seems to be making here are the same ones for which Richard Rothstein took Nicholas Kristof and Paul Krugman to task last spring in Dissent. First is the idea that somehow Charles Kernaghan, the National Labor Committee and company are pushing Nike and company to pack up and leave the countries in which their agents are operating sweatshops. Put simply, they’re not. Neither is United Students Against Sweatshops, for that matter. The call is for basic working standards and fundamental human freedoms. The call is for codes of conduct which would be applied around the world, with wage standards based on local costs of living. As Keraghan tells the Post right after describing the aspiration of many in the third world to move from misery to poverty,

he gets angry when he recalls what a worker told him in Bangladesh: “If we could earn 37 cents an hour, we could live with a little dignity.” (As opposed to the 21-cent hourly wage that barely staved off starvation.) Another Bangladeshi worker told him of being smacked in the face by her boss when she worked too slowly. “It just destroys me,” he says.

What’s going to push that worker’s wages up from 21 cents towards 37 cents? Conservatives and neoliberals would have us put our faith in the free market’s grace in rewarding increased productivity with higher wages for low-wage workers as employers compete for the best sweatshop workers. But as Rothstein reminds us, that’s not how the story went in our own country. How did sweatshop workers in this country improve their working conditions and bring themselves real economic freedom? In part through judicious use of government to enshrine common labor standards in laws of the kind the anti-anti-sweatshop crowd tell us would condemn workers of the third world to eternal poverty. And in part through collective action of the kind for which workers around the world are fired or murdered. The anti-anti-sweatshop critics who insist that the eager workers of the third world are being victimized by misguided do-gooders from the first world might better expend their energies advancing the rights of those workers to stand up for themselves and for each other without fear of retaliation. That, incidentally, is exactly what Charles Kernaghan is doing.