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Economy

Minnesota To Grant Care Workers The Right To Join A Union

On Monday, a bill squeaked through the Minnesota House of Representatives that would allow in-home child care and personal care workers in the state to unionize. By a margin of two votes, the state House of Representatives sent the bill to Gov. Mark Dayton (D), who is expected to sign it.

SEIU and AFSCME, the state’s largest unions, now have four years to organize those workers:

The 12,500 child care workers in Minnesota who look after children in the state’s Child Care Assistance Program, known as C-CAP for short, must vote on whether or not to join the union by 2017. At least 50 percent of the state’s providers will need to join in order of the union to be established.

Those who do not provide care to C-CAP families will not need to vote and will not be affected.

If care workers vote to unionize, the union will be able to negotiate the size of reimbursements from clients who use subsidies and members will be able to file grievances. The bill doesn’t give them the right to strike.

These positions are part of a booming industry. Personal care jobs are expected to grow by 70 percent over the next decade, much faster than the average. Child care positions are expected to jump by 20 percent. Yet the pay in both areas is low. Median annual wages are about $19,600 for personal care aides and $19,300 for child care workers.

Economy

Workers Explain How Unions Changed Their Lives

Unionization levels have been falling for decades and last year hit a low not seen in a century, with just 11.3 percent of workers represented. That’s the lowest level since 1916. Strikes, one of the greatest sources of power for labor unions, have also become increasingly rare.

That’s bad news for the middle class. In a new video series, the Center for American Progress showcases three stories that demonstrate the important role union membership plays for working families struggling to get by.

La Tonya Johnson was a unionized child care worker in Milwaukee until Wisconsin Gov. Scott Walker (R) cracked down on collective bargaining rights in the state:

With the help of a union, La Tonya says she was “able to afford to pay my mortgage, I wasn’t facing foreclosure, and life was relatively comfortable,” thanks to a guaranteed weekly wage regardless of which children actually showed up to her daycare center each day. After her ability to join a union was repealed, she lost that guarantee, and she descended into poverty. “It feels like I’ve hit rock bottom over night,” she says. “For people who think that having a union or being organized doesn’t have a bottom line effect, I’m here to tell you that it does.”

Susan Kim and Jeremy Pikser, writers in New York, explain that a union has helped them to pursue their passions while maintaining a decent quality of life:

While Susan had misgivings at first, she quickly learned the benefits of joining a union. “It made really clear sense to me when I started seeing more money, when I started qualifying for health insurance… Suddenly I had a pension plan which I’d never had before.” The effects were even starker for Jeremy. He was diagnosed with throat cancer in 2008 and had to undergo an expensive course of treatment, “which would have beyond bankrupted me” without quality health insurance negotiated by the Writers Guild, he says. “It probably did save my life because I probably wouldn’t have been able to get the level of care that I got.”

Beresford Simmons has been driving a New York City taxi for more than 45 years and is a member of the non-traditional union the Taxi Workers Alliance:

The union has seen recent success, winning a 17 percent fare hike and health care coverage. That’s meant a lot to Beresford and his wife. “With unionization from the Taxi Workers Alliance, we could afford to put a roof over our head,” he says. He says he’s a part of the union because “I just don’t want to see the next generation of cab drivers go through the same thing that I’ve been through.”

Justice

Reid Reportedly Prepared To Disarm Filibusters For All Nominees

(Credit: AP)

Senate Majority Leader Harry Reid (D-NV) expects a showdown in July over a potential second round of filibuster reform, and he’s prepared to push for a sweeping change to the minority’s ability to unilaterally obstruct judges and other nominees. According to reporting by the Washington Post’s Greg Sargent, Reid “is eyeing a change to the rules that would do away with the 60-vote threshold on all judicial and executive branch nominations.” The test, according to Sargent, of whether Reid will push this reform is whether Senate Republicans lift their blockades on Consumer Financial Protection Bureau Director Richard Cordray, Labor Secretary nominee Tom Perez, and Environmental Protection Agency leader-in-waiting Gina McCarthy.

 

While Reid’s apparent willingness to press serious filibuster reform is welcome, he made similar statements during the lead up to a debate over filibuster reform last January. That debate ultimately led to a weak package of reforms and a victory for Republicans. A minority of Senate Democrats, lead by Sen. Carl Levin (D-MI), refused to support reforms that would enable the Senate to function in the face of a determined obstructionist minority.

This time around, however, there are two reasons why Reid may be successful in pulling together the 51 votes necessary to achieve real reform. The first is the simple fact that Levin is retiring, so he can no longer approach colleagues as a powerful committee chair who could potentially influence the fate of their bills for years. Beyond that, a key Democratic ally is now facing what could potentially be an existential threat. Two Republican courts held that President Obama’s recess appointments to the National Labor Relations Board (NLRB) are not valid, and if these decisions are upheld it will completely disable the NLRB’s ability to function. Without the NLRB, the backbone of federal labor law will become completely unenforceable — and with it, the right to organize could effectively cease to exist so long as Senate Republicans block new appointments to the Board. Unless, of course, Senate Democrats take away the ability to block confirmations via a filibuster.

Alyssa

San Francisco Giants Concession Workers Authorize Strike After Three Years With No Pay Increases

AT&T Park

The last three years have been good to Major League Baseball’s San Francisco Giants, who won two World Series crowns and emerged as a contender to win another in 2013. But they haven’t been as good to the roughly 800 workers who staff AT&T Park, the ballpark on San Francisco Bay the Giants call home.

Those workers, who staff AT&T Park’s concession stands, restaurants, and kitchens, haven’t had a pay increase since their contract with Centerplate, the company that staffs and maintains concessions at the stadium, expired in 2009. The workers, affiliated with Unite HERE Local 2, say negotiations have stalled, leading them to authorize a strike in a vote held across the street from the stadium Saturday afternoon.

The vote won’t automatically result in a strike; rather, it gives the union the choice to begin one at a later date. Both sides are set to return to the bargaining table this week for their sixth round of negotiations — and workers will continue to fight for pay increases and against changes to their health care and pension plans, they told ThinkProgress.

“I started here in 2010, and I haven’t seen a raise since I got here,” Anthony Wendlberger, a kitchen worker at AT&T Park said. “We’re not asking for an extravagant lifestyle. Just the basics. And a little respect.”

Negotiations center on three major issues, according to workers and union officials. Workers want pay increases they haven’t received for more than three years, and they are fighting changes to their pensions and health care coverage. They also want increased job security from the Giants in case the franchise doesn’t renew its contract with Centerplate. That would come in the form of a “successorship clause.”

The average AT&T Park employee earns $11,000 a year, according to union officials. The jobs are seasonal, and many hold second jobs, but they receive their health care through Centerplate. Under the current plan, a worker who staffs 10 events in a month receives health care for the next month, but Centerplate wants to increase that to 12 events per month under a new contract, workers said (A Centerplate spokesperson would not confirm that detail). That would make it impossible to obtain health coverage in months like June, when the Giants have just nine home games, and making health care harder to obtain is a major sticking point for the workers.

Gina Antonini, a spokesperson for Centerplate, said the company viewed the strike vote as an “unfortunate step” in the process, adding that it remains “confident the situation can be resolved at the bargaining table.” While Antonini would not offer specific details of Centerplate’s offer, she said it would “provide a pay increase that would keep the workers among the highest paid in the industry.”

Giants’ workers start at $10.45 an hour for their first 50 games and make between $13.52 and $19.44 an hour after that, according to Unite HERE. But in a city like San Francisco, where the cost of living is among the most expensive in the nation, being among the highest paid in the industry doesn’t mean as much as it would in other cities. Wendlberger said he doesn’t make enough to live in San Francisco; instead, he lives near Sacramento, a two-hour drive without traffic. “A lot of times, I might not go home” after games, he said, even though he has a wife and two young children at home. “Gas is expensive, so I stay with my brother or my mom.”

“Some people are saying we’re being greedy,” Wendlberger said. “We’ve got members living in public housing, we’ve got people on public assistance. There’s nothing greedy about wanting a basic lifestyle.”

The ultimate fight may not be with Centerplate but with the Giants franchise, which takes 55 percent of all concession sales, according to Unite HERE. On a $10 concession sale, the Giants’ cut amounts to $5.50, while workers’ salaries and benefits and operational costs are covered by the remaining $4.50. That money “goes straight into their pockets,” Patricia Ramirez, a kitchen worker who has worked Giants games for 13 years, said.

A Unite HERE release said the Giants team value has risen by 40 percent in the last three years, and concession and ticket prices have risen during that time too. Even reducing their share of each sale by 50 cents “would be huge,” Wendlberger said.

“We feel a major part is how much the Giants are taking, and I feel like it would be different if they would just step up to the plate and do the right thing,” he said. “We work for the Giants and their fans.”

“The Giants are the ones with the deeper pockets, the ones who could help,” Ramirez said.

Ultimately, Wendlberger said, the workers are hoping to avoid a strike, a sentiment Centerplate echoed in a Friday release calling on the union to “come to the table to find a solution that is win-win for both sides.”

“None of us want to strike,” Wendlberger said. “We enjoy our jobs. We want our jobs. We just need the basics.”

Economy

World Trade Center, Built With Union Labor, Is Now America’s Tallest Building

(Credit: Anne Thompson, NBC News)

One World Trade Center, which will replace the World Trade Center towers that fell in the September 11 terrorist attacks, became the tallest building in the United States this morning when workers hoisted a 408-foot spire atop it. At 1,776 feet tall, the building is now the tallest in the United States and the third-tallest in the world.

And, as American Rights at Work noted when it became the tallest building in New York, it was built with union labor:

It’s fitting: union members were among the first responders; union members served in the immediate cleanup; and now union members are part of the rebuilding.

Anti-union legislation has made its way across America in recent years, from Michigan to Indiana to Wisconsin. But unions were instrumental in building America’s middle class, in responding to the attacks on 9/11, and now, in rebuilding the World Trade Center in the decade since the attacks.

“It’s a pretty awesome feeling,” project manager Juan Estevez told the Associated Press. “It’s a culmination of a tremendous amount of team work … rebuilding the New York City skyline once again.”

Justice

Republican Court Says Employers Have A Constitutional Right To Keep Workers Ignorant Of Their Rights

Warning labels and notices are a common feature of American life. Federal law requires most groceries to display detailed information about their ingredients, calorie content, and other nutritional facts. Federal fuel economy labels inform car buyers how quickly their new vehicle will burn through gas. Surgeon general warnings inform smokers of the dangers presented by tobacco. Employers who employ workers subject to federal minimum wage law must display posters informing these workers of their rights.

And yet, under a decision handed down today by three Republican judges, all of these information labels and more are now in jeopardy.

The decision by a panel of the conservative United States Court of Appeals for the District of Columbia Circuit strikes down federal regulations requiring employers to display posters informing workers of their right to organize and other rights under federal labor law. Although the opinion meanders quite a bit, its analysis begins by claiming this result is required by a federal statute protecting employers’ rights to express their views to their employees. That statute provides that “[t]he expressing of any views, argument, or opinion, or the dissemination thereof, whether in written, printed, graphic, or visual form, shall not constitute or be evidence of an unfair labor practice . . . if such expression contains no threat of reprisal or force or promise of benefit.” Although this language says nothing about employers also having the right not to post information they would prefer to keep their workers ignorant of, the three Republican judges fabricate such a right through the power of a rhetorical question:

Suppose that § 8(c) prevents the Board from charging an employer with an unfair labor practice for posting a notice advising employees of their right not to join a union. Of course § 8(c) clearly does this. How then can it be an unfair labor practice for an employer to refuse to post a government notice informing employees of their right to unionize (or to refuse to)? Like the freedom of speech guaranteed in the First Amendment, § 8(c) necessarily protects—as against the Board—the right of employers (and unions) not to speak. This is why, for example, a company official giving a noncoercive speech to employees describing the disadvantages of unionization does not commit an unfair labor practice if, in his speech, the official neglects to mention the advantages of having a union.

Of course, the easy answer to this rhetorical question is that it can be illegal to punish employers who express their view of unions but not illegal to require employers to inform workers of their rights because that’s what the law says. Typically, judges begin their legal analysis with the language of the law. These Republican judges chose a different path.

Perhaps sensing that their reading of federal law stands on shaky ground, the judges also weave a particularly aggressive reading of the First Amendment into their opinion. Under the Supreme Court’s decision in Zauderer v. Office of Disciplinary Counsel, commercial actors can be required to provide “purely factual and uncontroversial information” to the people they transact with. This is why cereal boxes can be required to display accurate information about the nutritional value of Rice Chex or Froot Loops, but businesses also cannot be forced to endorse a particular political candidate or to advise their workers to join a union. Because the new posters do nothing more than inform workers about uncontroversial facts involving their rights in the workplace, they should be no more invalid than labeling on a cereal box.

Although union-related speech is sometimes treated differently than speech involving sales of goods, the court does not question its applicability to labor decisions generally. Instead, the judges read Zauderer very narrowly — so narrowly that it does not apply unless the corporation required to display information appears poised to deceive their workers or consumers. Because no one “has even suggested that the posting rule was needed because employers are misleading employees about their rights under the National Labor Relations Act,” the court concludes that Zauderer does not apply. If taken seriously, this reasoning would threaten nearly all warning or informational labels required by law. There’s little evidence, for example, that General Mills is actively deceiving consumers about the number of calories in a serving of Count Chocula. Nor are Chevy dealers only required to post fuel efficiency labels if they lie to their customers about how quickly a Suburban burns through gasoline.

If nothing else, today’s decision should be a wake up call to unions and other advocates for workers that everything they care about is threatened so long as vacancies remain on powerful, GOP-dominated courts like the DC Circuit. Today’s decision bears the same resemblance to the law that Westeros bears to New Hampshire. It writes words that simply do not exist into a federal statute, and then fabricates a constitutional right to keep workers and consumers ignorant. The only way to prevent future decisions like this one is to confirm more judges who will do a better job of adhering to the law.

Economy

What Progressives Stand To Gain From Economic Radicalism

Progressives have always had a fraught relationship with the radical left. Progressivism, steeped in Enlightenment liberalism as it is, sees the free market and private property as on-balance pillars for the economy: though free enterprise needs to be heavily regulated to prevent brutal unfairnesses, it’s the next-best means of lifting people out of poverty, checking the power of the state, and securing economic opportunity humans have come up with so far. Radical leftists, obviously, have a rather different assessment of the merits of capitalism.

Moreover, the American center-left is perpetually fending off charges from the right that anyone who favors more redistribution than Paul Ryan is the second coming of Vladimir Lenin, leading mainstream liberals to distance themselves from socialists in a fashion that can border on ridicule. The nexus of substantive disagreement and political expediency brings out the broader left’s seemingly natural tendency to devolve into infighting more vicious than any critique it manages to launch of the political right.

For obvious reasons, I can’t speak for socialists or Marxists. But one irony for progressives in this state of affairs is that the mainstream left would have a great deal to gain from the rise of a radical left movement that, in all likelihood, we’d mock and assail mercilessly.

A witty, self-deprecating manifesto in the new issue of the Marxist-chic magazine Jacobin serves as a good jumping-off point here. Comparing the current left to “someone getting to know himself” on the subway, founding editor Bhaskar Sunkara argues that the “socialist left” — which appears, for Sunkara, to encompass all left-wing groups who want to replace capitalism with a more some more collectivist economic system — needs to stop playing with itself and start organizing. American radicals, Sunkara argues, are “fragmented into a million different groupings,” creating “an environment that breeds the narcissism of small differences” (no argument here). His proposed palliative? Good old-fashioned organizing:

If it comes to fruition we’d see the convergence of American socialists committed to non-sectarian organizing under the auspices of an overarching democratic structure. This in itself may not seem like a significant undertaking — we’re only talking about a few groups and a few thousand people — but we shouldn’t let those humble beginnings obscure the potential that a fresh start for the organized left holds.

Suppose this comes to pass, and radicals, broken since end of the Vietnam-era New Left, end up with an organized apparatus capable of marshalling moderate amounts of people for rallies and other actions. What does that do to our politics?

History is some guide here. Contra received wisdom, the United States has a long tradition of radical economic activism, albeit one that’s forever been unable to break into the political mainstream. A number of early 19th century abolitionists and feminists were also radically redistributive, and the economic fringe left has since organized under various banners, ranging from the Industrial Workers of the World to the Communist Party to some elements of Occupy Wall Street. An easy introduction to all this is Michael Kazin’s American Dreamers, a book I’ve discussed on TP Ideas before.

Kazin traces the concrete influence of economic* radicals in two ways. First, they’ve been able to secure discrete, concrete benefits for the country’s poorest through direct action. Radicals, especially around the turn of the 20th century, helped strengthen labor unions and back them up during strikes, which in some, but not all, cases helped extract concessions from capitalists that benefited laborers. For example,a group of Jewish socialists played a key role in organizing New York City garmet workers’ strikes in 1909 and 1910 that secured the right to unionize and higher wages.

The second, and more significant, set of leftist accomplishments involved pushing the mainstream center of political gravity to the left. Sometimes leftists put concrete political pressure on liberals through organizations like the Populist Party. In other cases, they raised a specter of radical upheaval real enough to scare elites into mollifying poor and working class folk with welfare state expansions, an argument oft (though not necessarily persuasively) made about elements of the New Deal. Through these and other mechanisms, Kazin suggests, radical leftist movements contributed towards the great liberal-progressive expansions of the welfare state. So while the left never had a much of a chance at overthrowing the dominant political and social order entirely, it played a real part in helping mainstream progressives improve the lives of America’s poorest and most vulnerable.

It’s not hard to imagine how a revived radical front could fill both of these historic roles for radicals without actually posing a threat to the liberal capitalist system writ large. Union membership has declined precipitously in the past 45 years; a well-organized cadre of leftists dedicated to reviving organized labor’s potency could help restore a historically critical source of progressive power. Injecting an unapologetically class-conscious critique of revanchist right-wing policies and fiscal austerity into public life could also serve as a leftist counterweight to the underappreciated radicalism of Tea Party conservatism.

These are points Sunkara recognizes. His cri de coeur hopes that “a new organization would focus on anti-austerity and work hand-in-hand with liberal allies who want to see the welfare state rebuilt.” While his ultimate aim of going “beyond liberalism’s limits” is beyond quixotic, that’s a feature, not a bug, from a progressive point of view. If history is any guide, American radicals end up furthering the objectives they share with liberals, like expanding the welfare state, while failing abjectly to advance the ones they don’t, like the abolition of private property or the overthrow of the constitutional order. So long as radicals eschew the use of political violence, something progressives unflinchingly oppose on both principled and practical grounds, there’s little to fear, and potentially something to gain, from a rebirth of America’s leftist dreamers.

 

 

 

*Kazin argues, with some force, that some folks with far left economic views had a much greater influence in on American socio-cultural views about race, gender, and sexual orientation. He probably overstates the importance of radicals here, as elsewhere, but it’s worth noting he sees cultural radicals as far more successful than economic ones in the long run of American history.

Economy

Fast Food Workers Go On Strike In New York City On Anniversary Of Martin Luther King Assassination

Photo via @sam_nycchange

Hundreds of fast food workers in New York City began walking off the job this morning to demand a living wage and the ability to form a union without intimidation or retaliation from their employers, the second such action workers have taken since November. Fast food workers went on strike on November 29 to demand a $15 wage and the right to form a union, and organizers expect this strike to be even larger. By 7:30 a.m., workers had already picketed multiple restaurants, including a Burger King location that was still closed despite its 6 a.m. opening time, according to organizers.

The strike was organized by Fast Food Forward, the group that also led the November walkout, and inspired by Memphis sanitation workers who went on strike with Dr. Martin Luther King in 1968. The strike is occurring on the 45th anniversary of King’s assassination during those organizing efforts.

In a letter to workers and supporters, the group said many of its members are living on food stamps or in homeless shelters even as profits continue to rise for low-wage fast food employers. “We’re on strike today because we can’t survive on $7.25. Higher wages will help us raise our families with dignity but will also help lift our entire economy. More money in the hands of workers means more money spent in local shops and a boost for our community,” the letter says.

Profits at low-wage food employers have indeed grown rapidly since the recession, as this chart from the National Employment Law Project shows:

Low-wage industries like fast food are the fastest growing sectors in America, outpacing the economy since the Great Recession. While such jobs accounted for just 21 percent of losses during the recession, they have made up 58 percent of jobs added during the recovery, and one in four American workers is expected to hold a low-wage job a decade from now. At the same time, the minimum wage is falling farther behind the cost of living — had it risen with inflation and productivity gains since the 1960s, the minimum wage would be north of $20 an hour.

Organizers of the strike expect between 400 and 500 workers to walk of the job today as they continue to fight for a union and a living wage. The strike will be concentrated in Harlem, where organizers will lead a march this afternoon.

Economy

Why Michigan’s ‘Right-To-Work’ Law Won’t Benefit The State’s Workers

Michigan’s so-called “right-to-work” measure officially went into effect today, just more than three months after Gov. Rick Snyder (R) signed the anti-union legislation into law. Snyder and Michigan Republicans have touted the law as a way to boost the state’s lagging economy, saying it would make it more competitive for businesses and a better place for workers.

Evidence from other right-to-work states, however, presents a far different case. Such laws cost all workers, union and otherwise, $1,500 a year, according to the Economic Policy Institute. Those wage losses especially impact the middle class, and as a result, economic mobility between classes is stronger in union states. The following chart shows how states rank for relative economic mobility, which measures the percentage of residents starting in the bottom half of the national income distribution who move up 10 or more percentiles in a 10-year period. In the chart, 12 of the 13 states that outperform the national average for mobility are union states (including Michigan, which was a union state when the study was conducted), while 14 of the 15 that underperform are right-to-work states:

The Pew study did not attempt to find correlation between union membership and mobility, but it stands to reason that union membership plays a vital role in the difference. Union workers, as the Center for American Progress’ David Madland and Karla Walter found, are more likely to have health coverage and retirement plans. “If benefits coverage in non-right-to-work states were lowered to the levels of states with these laws, 2 million fewer workers would receive health insurance and 3.8 million fewer workers would receive pensions nationwide,” Madland and Walter wrote.

While Michigan’s law won’t benefit workers, it likely won’t help the state’s economy either. The Economic Policy Institute’s studies of right-to-work laws have found “that there is no relationship between right-to-work laws and state unemployment rates, state per capita income, or state job growth.”

Economy

Union Busting 2.0: Wisconsin Republicans Target Private Sector Unions They Previously Praised

When Wisconsin Gov. Scott Walker (R) initiated a high-profile effort to bust his state’s public sector unions in 2011, he said that he had no interest in pursuing similar efforts against private sector unions. “Private sector unions are my partner in economic development,” Walker has said. The Milwaukee Journal Sentinel noted that he “has consistently downplayed seeking any restrictions on private unions in public statements.”

Walker also said in December that “he wouldn’t pursue any new bills on public or private unions in the coming legislative session.” However, word evidently did not get down to his Republican colleagues, who introduced and are fast-tracking a bill to allow employers to cut hours of union workers without the unions’ consent:

Republicans are hurrying bills through the Wisconsin Legislature that they say could prevent layoffs by allowing companies to cut back workers’ hours, but Democrats on Tuesday called them a renewed GOP attack on unions.

The bills wouldn’t require companies to negotiate with unions about cutting back hours, in contrast to almost all similar laws in other states. But a spokeswoman for the author of the Assembly version of the Wisconsin proposal said there was no intent to harm organized labor.

The Wisconsin GOP is moving this bill under the guise of creating a “work-sharing” program, which is an idea aimed at using government support to allow businesses to cut back worker hours while not laying off employees (with the government picking up the tab for the hours workers miss). However, “in all but one of the 24 states with work-sharing laws, union representatives must agree to the reduction in hours for their members.” Wisconsin’s bill does not include a similar requirement.

“Republicans began their war on bargaining rights with Act 10, and with this bill they have now turned their attention to private sector unions,” said state senate Minority Leader Chris Larson (D). “This bill is a clear opening shot at undermining private sector unions.” “The Farrow-Brooks bill says that private sector unions shouldn’t be able to negotiate for their members. It’s one more step toward their goal of ending the right of Wisconsin citizens to have their voice heard in the workplace,” added State Senator Julie Lassa (D).

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