Tag Archives: labor

UNION RIGHTS ARE SPEECH RIGHTS

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While I don’t at all agree with Thomas Geoghegan’s contention in Which Side Are You On that the ACLU’s agenda, while noble, wouldn’t “cost anyone anything” to implement, he does speak to a well-justified frustration many “labor liberals” feel at the difficulty of stirring certain civil libertarians to get up in arms about the civil liberties of workers on and off the job. Not only are positive rights (like economic security) crucial to the meaningful exercise of negative rights (like free speech), positive and negative rights frequently and fundamentally intersect, perhaps nowhere moreso than the workplaces in which millons spend the majority of their waking hours. Opposition to civil liberties comes not only from those who see in others’ exercise of their rights a threat to their values but also from those who see in others’ exercise of their rights a threat to their economic interests. That’s why the right of workers to speak, assemble, and organize on and off the job has always been threatened in this country. And that’s why it’s so often fallen to unions, in Nathan Newman’s words, to “bring the first Amendment to the workplace.” It’s worth asking (as Geoghegan was trying, though through a troubling turn of phrase, to do) why the idea of deprivation of civil liberties affects many of us more viscerally than the idea of economic deprivation. But even those who only get up in arms over the former should be disturbed that, as Geoghegan has been reminding us for years, American law offers you no protection against being fired for expressing your political beliefs, and promises the weakest of responses to employers who threaten, punish, or fire workers seeking to bargain collectively.

What are the stakes? The Bush-appointed majority on the National Labor Relations Board provided a reminder last month when it upheld a security firm’s rule that bars its employees from “fraternizing” with each other on or off the job. Guardsmark insisted that its employees give up their right to associate with each other socially on their own time as a condition of employment, and the NLRB blessed the company to keep the rule in place.

SIX POPULISMS

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TPMCafe’s guest stint by Thomas Frank (One Market Under God, by the way, is a masterpiece) has stirred a spirited debate about the place of populism in a progressive future. Populism is a word which has rightly come up fairly frequently in more- and less-enlightened discussions of the left’s future, but too often it seems like folks are talking past each other. Here are six of the somewhat but not entirely related themes I think are in play in the way different people discuss populism:

Progressive Economics: In broad strokes, the economic policy proposals that get labeled as populist are the ones least popular with the Washington Post editorial board and the “Washington Consensus” crowd: fair trade or no trade; downward economic redistribution; unionization. Opposition to immigration often gets grouped in here as well as part of the same package, though for obvious reasons I’d rather apply the populist label to the push for equal labor rights for immigrants.

Direct Democracy: The other set of policy proposals which usually get the populist labels are the ones which bring political decisions under more direct control of the American public. This includes taking decisions away from judges and handing them over to legislatures and taking them away from legislatures and handing them over to public referenda.

Trust in crowds: Populism is also used to describe a posture – whether held by politicians or activists – of trust in the mass public and distrust in elites. Usually, trust in the public is justified by an appeal to the wisdom of common people in identifying their own problems and synthesizing their own solutions. And distrust in elites is justified on the grounds of their inability to understand those insights or, more often, their narrow interests.

Democratic Legitimacy: Populism also describes a particular kind of appeal made by elected or unelected political leaders. Candidates for office, especially, tend to get the populist label for seizing democratic legitimacy for themselves – that is, for framing themselves as the bearers and protectors of the people’s will. The corollary to the candidate as representative of the masses is the candidate as enemy of the elites, whose hostility is easily explained by their opposition to the popular policies and popular mandate.

Prejudice: Populism is also a frequently-invoked label to describe all manner of ugly prejudice, be it directed against Blacks, Jews, homosexuals, or immigrants. In this conception, populism is the cry of some self-defined majority against unwelcome interlopers. This meaning of populism – which gives elites a lot of credit – is never far when someone’s looking to discredit one of the others.

Economic Focus: Maybe the simplest sense in which the word populism is used is to refer to a focus on economic issues (rather than a particular stance on them), to the exclusion of others.

That makes two kinds of policy approaches, two rhetorical/ philosophical postures, a question of focus, and a very bad thing (generally thrown into the mix by pundits like Joe Klein to make everything associated with the word sound ugly). Each of them, though, has a way of showing up implicitly in discussions about what is or should be populist.

What does it mean, for example, to ask whether Bill Clinton was a populist President? He often gets described that way, in large part because he ran on the economy (“It’s the Economy, Stupid”), and because his challenge to Bush benefited significantly from a sense that Clinton represented the concerns of the American people with which the President had fallen out of touch (and supermarket ray-guns). Others associate Clinton with the decline of populism in the Democratic party, and of the party in the country, pointing to his conservative stance on issues like NAFTA and the technocratic underpinnings of the “Reinventing Government” concept. I’m not going to say they’re both right (I’d say Clinton campaigned as a populist, but he didn’t govern as much of one). I will say that on those terms, it’s no surprise that those conversations don’t get farther than they do.

Thoughts?

FROM CHICAGO TO WASHINGTON

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One of the contentions which largely cuts across the AFL-CIO/ Change to Win divide is a recognition that the labor movement has yet to match the power of its Electon Day turnout operation with an effective mechanism for holding accountable the politicians it helps elect. Still more controversial is the recognition that a winning agenda for the movement demands a broad conception of the interests of working people and a more comprehensive social vision.

Yesterday, the AFL-CIO followed progressive unions like SEIU in passing a strong anti-war resolution condemning the impact of the war on working families and urging that civil rights be strengthened in Iraq and that the troops be brought home “rapidly.” Clearly, we’ve come a long way from the days when they used to half-jokingly call it the AFL-CIA. We’re not in Kirkland-Land anymore…

And Monday, as SEIU and the Teamsters were leaving the federation, the two unions’ presidents joined the presidents of eighteen other unions, AFL-CIO and Change to Win Coalition alike, in sending a strongly-worded letter to the Democratic leadership rightly condemning the party’s refusal to put its full force behind defeating CAFTA (David Sirota offers a good overview of the damage CAFTA could do if approved tonight by the House).

Good signs, in the wake of Monday’s split, for a more muscular movement. Here’s hoping John Sweeney, Richard Trumka, and Linda Chavez-Thompson, who were re-elected without opposition this afternoon, will be driven further in this direction, and can find a way to facilitate – rather than block – the co-operation with the Change to Win folks necessary to make it happen.

A HOPEFUL SIGN

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Jonathan Tasini, who’s been providing excellent convention coverage from Chicago on his blog, reports that if John Sweeney really wants to see Change to Win unions which leave the federation driven out of local and state labor groups, he may have a fight on his hands – from the AFL-CIO folks who run them:

I chatted with my buddy Mark McKenzie, a firefighter and long-time president of the New Hampshire AFL-CIO. He said that he has 5,000 SEIU members in New Hampshire, about 25 percent of his per capita payments. “It would be an enormous loss. I don’t know what we’re going to do. I think SEIU wants to work with us. This is a fight that’s happening at the national level. This is not our fight.”…The Maine state federation secretary-treasurer is from SEIU–would it make sense to force such an important player from the state fed just as a life-or-death struggle begins in Maine over union rights?…the head of a big city central labor council wandered by. He was pretty adamant–“It’s the national’s fight. It’s going to be up to them to make me throw anyone out of my council. And I talked to a lot of other big city council presidents and with only one or two exceptions, all of them said they are not going to throw SEIU or Teamsters or anyone else that leave the Federation out of their council.”

In his Keynote Address yesterday, after accusing Andy Stern of disgracing the memory of the first SEIU members, John Sweeney pledged to “overcome my own anger and disappointment and and do everything in my power to bring us back where we belong – and that’s together.” Here’s hoping his conception of bringing the labor movement together is broader than just trying to get the folks who disaffiliated to change their minds. The responsibility for working constructively together falls on both sides, of course. Which is why I was heartened yesterday to see Andy Stern and Jimmy Hoffa emphasize their desire to see the AFL-CIO win and their commitment to working together to support mutual goals. Stern is right to cite the failure to support the non-affiliated PATCO strikers as a mortal error for the movement. The movement has already had more mistakes like that than working people can afford.

AFL-CIO SPLIT IMMINENT

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Saturday, the United Farmworkers announced that they’re joining the Change to Win Coalition. Yesterday SEIU, UNITE HERE, the Teamsters, and the UFCW voted to boycott the AFL-CIO’s convention which began this morning. Today, several sources are reporting that after failed last-minute negotiations, SEIU and the Teamsters, at a minimum, are on the verge of announcing a split from the federation. What other Change to Win Coalition members will do remains unclear – the UFCW seems closest to following, while the Laborers, who are attending this week’s convention, seem the least likely.

The Change to Win Coalition has a compelling vision based on strategies which unions like SEIU and UNITE HERE have used effectively to broaden the labor movement and increase its efficacy at a time when the story for the movement has too often been one of dashed hopes and diminished returns. There’s good reason to be concerned that a split could divert resources into unnecessary competition. But in the face of a uniquely hostile government and economy and a series of costly failures, I think there’s even more reason to hope that a split can reinvigorate the movement by spurring both groups to more effective organizing and more importantly, by making it possible to apply a winning model on more of the fronts where we need desperately to win.

One of the Key choices now facing John Sweeney is whether to encourage, or at least condone, cooperation where possible between two federations. His message to Central Labor Councils hasn’t been encouraging on this front. Neither is this:

Before 2,000 Sweeney supporters, Linda Chavez-Thompson, Mr. Sweeney’s running mate for executive vice president, laid into several entities that she said had sought to weaken labor – the Bush administration, the United States Chamber of Commerce, Wal-Mart – and then she surprised her audience by adding, “the Change to Win Coalition.”

A QUIET CONVENTION AFTER ALL?

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The latest from the Change to Win Coalition is that there’s apparently a good chance that all six internationals will skip Monday’s AFL-CIO convention entirely. One leader told Harold Meyerson:

What’s the point of going when clearly there’s a majority that feels that they don’t want to make fundamental changes? We don’t want to fight with them. Why have a big fight?”

Thing is, they do want a fight over the future of the labor movement, and it’s a fight that’s sorely needed. It’s the Change to Win dissidents who’ve rightly been arguing to this point that contentious soul-searching, not superficial unity, is what the federation needs right now. So seems to me like showing up to the Chicago convention to argue for their ammendments and their vision is worth the trip, even if the deck is stacked against them We’ll see whether that happens.

Meanwhile, John Wilhelm has resigned as head of the AFL-CIO’s Immigration Committee, a post from which he built a unanimous consensus, in the face of strong initial opposition, behind the federation’s historic reversal in favor of the rights of undocumented immigrants. That change, which started out of vision and necessity in progressive locals around the country, has been and will be critical to the future of the movement. Wilhelm’s role in it demonstrates that one can and must fight for reform within the movement and for empowerment of the movement within society at the same time. His letter of resignation is here; John Sweeney responds here.

And yesterday, the Executive Board of the Teamsters voted unanimously to follow SEIU, UNITE HERE, and the Laborers in authorizing their leaders to leave the AFL-CIO:

The General President and the Presidents of the other CTWC Unions have been discussing these issues with the AFL-CIO and those discussions are continuing. It is apparent, however, that, without dramatic change in structure and leadership, the Federation and its affiliated Unions will be unable to accelerate the organizing necessary to reverse the downward trend in union membership and will be unable to protect existing contract standards that establish fair wages and working conditions for our members and the members of other responsible Unions.

If there is not substantial change at the AFL-CIO, the International Brotherhood of Teamsters must chart its own, independent course, must work with the like-minded Unions that are part of the Change To Win Coalition, and must pursue our own programs to accelerate organizing, increase Union density in our core industries, rebuild the labor movement and insure a better future for workers and their families.

I’m headed off for the weekend to a libertarian seminar (no, I haven’t gone over to the dark side – I’m just willing to accept free room and board and senior essay fodder from them) – more on all this once I escape from Hayek-ville…

THE COSTCO ALTERNATIVE

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In yesterday’s New York Times, Steven Greenhouse profiles Costco, its Chief Executive Jim Sinegal, and the model he’s providing as an alternative to the Wal-Mart economy:

Costco’s average pay, for example, is $17 an hour, 42 percent higher than its fiercest rival, Sam’s Club. And Costco’s health plan makes those at many other retailers look Scroogish. One analyst, Bill Dreher of Deutsche Bank, complained last year that at Costco “it’s better to be an employee or a customer than a shareholder.” Mr. Sinegal begs to differ. He rejects Wall Street’s assumption that to succeed in discount retailing, companies must pay poorly and skimp on benefits, or must ratchet up prices to meet Wall Street’s profit demands. Good wages and benefits are why Costco has extremely low rates of turnover and theft by employees, he said…If shareholders mind Mr. Sinegal’s philosophy, it is not obvious: Costco’s stock price has risen more than 10 percent in the last 12 months, while Wal-Mart’s has slipped 5 percent…

Despite Costco’s impressive record, Mr. Sinegal’s salary is just $350,000, although he also received a $200,000 bonus last year. That puts him at less than 10 percent of many other chief executives, though Costco ranks 29th in revenue among all American companies. “I’ve been very well rewarded,” said Mr. Sinegal, who is worth more than $150 million thanks to his Costco stock holdings. “I just think that if you’re going to try to run an organization that’s very cost-conscious, then you can’t have those disparities. Having an individual who is making 100 or 200 or 300 times more than the average person working on the floor is wrong.”…Costco also has not shut out unions, as some of its rivals have. The Teamsters union, for example, represents 14,000 of Costco’s 113,000 employees. “They gave us the best agreement of any retailer in the country,” said Rome Aloise, the union’s chief negotiator with Costco. The contract guarantees employees at least 25 hours of work a week, he said, and requires that at least half of a store’s workers be full time.

CostCo continues to prove, as I wrote here last year, that the choice Americans face isn’t between policies that are “friendly” or “hostile” to business, or between “big government” and “economic freedom.” Government policies can force a race to the bottom of ever-worsening standards and quality of life for the working Americans who make prosperity possible. Or they can pave the high road by rewarding companies that invest in the economic security of workers and consumers. It’s the latter choice which fosters and expands the real economic freedom which comes from workers’ voice on the job and control over their lives, and whose expansion increases the humanity of our economy.

OSHA OR INS?

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As if the zeal of Big Business and its congressional representatives to shred the protections which save workers’ lives and to exploit the vulnerability of undocumented immigrants weren’t outrageous enough, earlier this month the Immigration and Customs Enforcement agency found a particularly cynical way to meld the two: dressing up as safety instructors to lure 48 undocumented immigrants to what was ostensibly a mandatory OSHA meeting and then arresting them. This shameful approach strikes twice at workers’ rights by increasing undocumented workers’ insecurity and suspectibility to management coercion and decreasing trust in the agency charged with protecting those workers’ lives from management cost-cutting and carelessness. As UFCW President Joe Hansen said today:

The word being brought back to worksites, after a scam like this, is that OSHA can’t be trusted. That kind of perception diminishes OSHA’s ability to do the critical work of protecting America’s labor force…This unscrupulous action has shattered the trust between OSHA and the workers who depend on the agency the most. More and more often, it is immigrants who work in the most dangerous industries such as construction or meatpacking. How can OSHA reach these at-risk workers with safety information now?

As the UFCW points out, over two-thirds of the victims of injury and death on the job are Latino.

GETTING DENSE AGAIN

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A week ago, TPMCafe opened its House of Labor, a collaborative blog on the future of the Labor Movement with the likes of Nathan Newman, Bill Fletcher, and Jo-Ann Mort, and the discussion has remained unusually articulate, informed, and relevant ever since. Over the past few days the contributors have been debating the organizing agenda of the Change to Win Coalition (now chaired by Anna Burger), a topic on which there’s been all-too little discussion in the blogosphere and the media in general.

Tuesday Bill Fletcher considered a letter from Machinists President Tom Buffenbarger making the case that the AFL-CIO under Sweeney has done the best it could under the circumstances – a position Fletcher, like me, rejects – and that those circumstances deserve a more serious examination in this debate. Fletcher writes that

His argument is that the workforce has jumped in size dramatically and events, such as the 9/11 terrorist attacks (and other problems such as deindustrialization) have been devastating to organized labor. These issues, he asserts, are not being discussed. He is basically right: they are not being discussed in any serious way. Further, he asks what percentage of the workforce should we be trying to organize. What is interesting about this question is that i cannot remember anyone EVER attempting to answer it. The implicit question here is what percentage of the workforce needs to be organized such that there is a QUALITATIVE improvement in the power relation between labor and capital…What has largely been missing from the debate, as i asserted in an earlier blog, is a real analysis of the objective conditions facing workers generally and unions specifically. It is, for instance, very unclear in the debates what people actually mean by “power” for workers outside of bargaining power…while the debate has focused on the AFL-CIO, the reality is that it is the individual unions that have the major resources AND RESPONSIBILITY for organizing, yet this seems to have been largely ignored in most of the discussion.

Yesterday, Nathan Newman took up Bill Fletcher’s challenge to engage with Buffenbarger’s argument, agreeing that we need better ways to evaluate where we stand and how to get back on track than just comparing density percentages. One key, he suggests, is density within industries, and a more promising approach to building density is what distinguishes the Change to Win dissidents from the team that Buffenbarger is defending. He cites a piece from Justice for Janitors head Stephen Lerner which, as he summarizes

Lerner first argued that the key was dramatic comprehensive organizing, not incremental work by unions…He laid out the argument for consolidation around sectors where such strategic organizing would have the resources to make dramatic changes…He specifically argued that there is a critical point where the combination of density and militant action by unions makes employer opposition too costly; that is the point where employer resistance fades and unions make dramatic gains in a sector..The problem was that most unions were too diffuse in their organizing to achieve that critical mass in any particular sector, so they made small organizing gains that failed to counterbalance other losses. And he argued that unions had failed to grapple with changes in the global economy that made these diffuse organizing efforts even less effective…his steps to rebuilding the labor movement involved both a social vision and reorganization of the union structures…The key, he argued, was to exponentially expand the resources spent on organizing, not incrementally but in dramatic ways. In a sense, Lerner completely agreed with Buffenbarger that the problem was not in the AFL-CIO itself but in the international unions responsible for organizing…The solution was to set concrete goals…with a whole range of other resource and political commitments, from achieving legalization for undocumented immigrants to punishing anti-worker companies as examples to other employers.

While criticizing Lerner’s lack of emphasis on union democracy or racial equality, Nathan argues that the broad strategy he laid out was right then, and that the Change to Win unions are right to push the same one three years later.

Jo-Ann Mort echoes Nathan’s argument that the Change to Win approach to building density offers more hope of reversing the decline in union membership, and she suggests that that decline has brought us so far down that Buffenbarger’s question of “how much is enough” becomes an academic one:

SEIU and Unite-HERE, to name two unions, have strategies, it seems to me, on how to build critical mass in key industries and therefore increase bargaining power. These unions have even been willing to trade members in a particular industry so that their membership is more homogenous, and they can build strength within a certain industry or company. Sectors–both domestic and global matter more today than overall numbers, in a certain sense, but numbers also do matter. The fact is that with organized labor’s numbers having sunk below 10%, it makes it difficult not only to organize new workers, but also to advocate for new laws regarding union organizing, labor law, workers’ rights, etc.–let alone elect a union-friendly politician. Today, it’s a too rare occurance when someone even engages with a member of a union. There are whole regions of the country where labor members are nearly completely scarce. This makes it impossible for labor to build any kind of public support. No matter how you cut it, there is a crisis in labor, a crisis which the Buffenbarger letter doesn’t seem to acknowledge.

Responding today to readers’ comments, Nathan acknowledges that manufacturing unions have faced more hostile organizing conditions than the service unions who’ve been Sweeney’s strongest critics. But like the service unions, he argues, they have strategies available to respond – and they parallel the Change to Win approach:

I’d suggest four possibilities- (1) Abandon new manufacturing and organize associated services; (2) leverage their existing density more strategically; (3) organize the world; (4) organize Wal-Mart, the largest manufacturing company in the world…Given the fact that such a large part of employment in the US is in services — many of them not subject to easy overseas outsourcing in almost any scenario — why not concentrate all of the union movement’s extra resources on the “low hanging” fruit of local services, especially those services most related to a union’s core industry? In a sense, that’s what UNITE’s been doing for a number of years, shifting its organizing focus from garment manufacturing, which has been decimated by global competition, over to related industries like the industrial laundries who wash the clothes UNITE workers once sewed…Unlike the garment industry, a lot of big manufacturing like autos are still building factories in the US– often non-union as with the Japanese transplants — but the industry isn’t disappearing. And the UAW for example, as Frank no doubt knows better than me, is getting smarter at using its incumbent power at the Big Three to leverage new organizing through contract agreements– whether going after parts suppliers or through Chrysler negotiations to get agreements at Mercedes…If unions are stronger in developing nations, companies will only move plants there if it’s really more efficient– not just because they’re running to a non-union environment. And the reality is that US unions could help fund a hell of a lot of organizers in those countries precisely because wages and the cost of living are so much lower– and with more global allies, it would help keep the pressure on the manufacturers across the world…Organize Wal-Mart, which is far more than a retailer, but really the global headquarters directing the operations of thousands upon thousands of manufacturing subcontractors who produce what and when Wal-Mart tells them. Get a handle on Wal-Mart and the union movement could get a handle on organizing a heck of lot of manufacturing companies, both domestically and globally. And that’s a goal both the service and manufacturing unions can share.

UNITE HERE and SEIU absolutely were dealt a better hand as unions in industries where fewer jobs can move overseas. But the organizing victories they have to show from it would have been impossible if they hadn’t played those hands much better than most by prioritizing strategic organizing of the unorganized, including marginalized Americans, and strong community-based coalition-building. And, contrary to Buffenbarger’s implication, this is not a specialized strategy for the service industry.

As Nathan reminds us, while differences between industries are certainly something, they aren’t everything. The aggressive organizing strategy which made Detroit a city where auto workers join the middle-class and the one which made Las Vegas a city where hotel workers do have essential similarities we’d do well to recognize. So do the challenge of choosing interracial solidarity over union-backed racism in an earlier generation and the modern challenge of organizing across lines of citizenship and borders.

CHANGE TO WIN ROUND-UP

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On Thursday, the Change to Win unions released twenty resolutions they’re submitting for votes at the AFL-CIO’s convention at the end of this month. Echoing the dissidents’ May platform, these amendments would commit the Federation to rebate dues to unions prioritizing new organizing, empower it to demand accountability from unions which aren’t and facilitate strategic mergers, and strengthen the power of the most populous unions with the AFL-CIO’s decision-making structure. They would commit the federation to aggressively promote internal diversity, international solidarity, and responsible budgeting. They would commit the federation to foster cooperation and the maintenance of bargaining standards within industries and solidarity across the movement in fighting for retirement security, universal healthcare, and global justice. And in defiance of the threats Sweeney’s issued should the dissidents split off, one of their resolutions would open central labor councils to the participation of non-AFL-CIO unions.

Given that Sweeney has the votes locked down for re-election (though a few are speculating he could still be pressured into bowing out), the debate and voting over these resolutions is likely to be the greatest flashpoint for controversy at the federation’s most contentious convention in a decade. And what happens to these resolutions will be crucial to determining whether the dissidents continue to pursue their agenda for change through the federation or whether they make a break.

As the Change to Win unions consider their next move, they’ve been joined last week by the Carpenters, who formally affiliated with Change to Win four years after themselves splitting off from the AFL-CIO over similar concerns. The Change to Win dissidents have played a key role in keeping the pressure on to stop Sweeney from forcing the Carpenters out of participation in the federation’s Building and Construction Trades Department, and the Carpenters were players in the New Unity Partnership as well. Their affiliation is no surprise, but it does help to further swell the new coalition and puts front and center the model of a union which has experienced success since breaking away from the AFL-CIO. The real coup for the dissidents would be pulling in the National Education Association (NEA).

All of this friction, though certainly tense, has the potential to transform a movement and a set of organizations sorely in need of it, and turn around the decline in American union membership which has steadily pulled the efficacy of the broader left down with it. But don’t take it from me – take it from the prestigious anti-union law firm Morgan Lewis:

If the Coalition’s members follow through on their threats to disaffiliate from the Federation later this year, employers can expect an increased interest in union organizing. This could be especially true for the nation’s largest non-union employers. For employers with existing unionized workforces, this means increased pressure to execute some form of neutrality and card-check recognition agreement. For employers with unions from both competing factions at their facilities, competition for better wages, benefits and other terms and conditions of employment is likely…the raiding between AFL and CIO constituent unions that occurred prior to 1955 will now play out between Coalition’s members and those remaining loyal to the Federation. The last several years have seen a significant increase in the amount of collaboration between U.S.-based unions and their international counterparts. That collaboration could increase significantly. Finally, more union mergers should be forthcoming.

SEEKING SOLAR SOLIDARITY

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Nathan offers a good example of what a missed chance to build a broad-based pro-environmental constituency looks like:

California is debating a Schwarzenegger-backed bill to subsidize solar panels on homes and businesses across the state– on a level that could supply energy equivalent to 10 average-sized coal-fired power plants. Sounds good, but in a classic move to pit labor and environmental interests, the GOP cosponsors, as this article details, oppose a requirement that public money only go to installers paying prevailing union wages in the state. Labor in California has fought a long struggle to require that, if government pays for it, the labor has to meet union wage levels. Now, the GOP wants to open a multi-billion dollar loophole in the rule: somehow the hipness of solar panels makes using public money for sweatshop labor acceptable. This is a perfect chance for environmentalists to stand up for the principle that green policy can also be a pro-labor policy, but few environmental leaders have stepped up to champion prevailing wages for the workers who would actually install all these solar panels across the state.

It’s this kind of failure build not just a momentary majority but a stable, inter-generational, cross-cause constituency that caused some environmental leaders last year to declare “The Death of Envionmentalism.” Of course, where Nathan says,

And the enviros wonder why some labor unions joined the GOP in supporting drilling in ANWR when they promised that all those jobs would pay union wages

one could with equal justification fire back “And the union people wonder why some environmentalists are willing to screw them to get solar energy in the wake of ANWR.” The stakes for both movements – fostering an alternative to a laissez-faire race to the bottom and building an economy which values and invests in human beings and the earth – are too high not to work together. Everyone has on the left has some work to do to get their own house(s) in order. If you want to see what the payoff from broader-based, cross-issue organizing looks like, just check out the modern Right in this country.

SPEAKING OF LOCHNER…

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Kevin LoVecchio is right to argue over at TPMCafe that the libertarian faith in free contracts willfully ignores to extent to which many of the contracts Americans are coerced into on a daily basis are “not about negotiations, but instead are about tricks and traps.”

The conservatives’ ironclad, reality-be-damned faith in the absolute inviolability of contract has an ugly historical pedigree, going back to Congress’ refusal, on “free contract” grounds, in the wake of the Civil War to punish industrialists who knowingly sold defective weapons to the US Army. It’s philisophical pedigree is fraught as well. Hobbes, for example, insists that “Covenants entered into by fear, in the condition of meer nature, are obligatory” lest collective irrationality in the absence of contract fundamentalism drive societies into the war of all against all whose avoidance Leviathan sets forth as the major task of political philosophy.

Such an argument begs the question of whether human desires can really be inferred from contractual behavior in absence of full information or meaningful alternatives, and of whether human beings have any inalienable rights which they are themselves unable to contract away.

Modern conservatives would do well to remember that even Hobbes is forced later in Leviathan to recognize that there are indeed limits on the individual’s freedom to contract freedoms away. “A Covenant not to defend my selfe from force, by force,” he writes, “is alwayes void.” No human being, Hobbes argues, would knowingly trade away the fundamental right to self-defense, nor should an attempt to do so be recognized as valid. Hobbes thus qualifies his faith in contracts as guardians of collective peace and individual liberty with a nod to inalienable rights. What Hobbes does not or cannot set forth is what should distinguish a promise not to defend oneself from violence from a range of other contractual promises – from mortgaging your home to renouncing union membership – which men and women are coerced into making every day, and which many experience as threats to their bodily integrity or that of their families. None of the free contract fundamentalists, most of them members like Hobbes of a class with little reason to fear for their economic security, has come up with a convincing answer since then either.