What’s at Stake for the Labor Movement on Election Day? Everything.

Amer­i­ca is in cri­sis. There can be no doubt about that. All of our imme­di­ate crises—the pan­dem­ic and the unem­ploy­ment and the eco­nom­ic col­lapse and the death spi­ral of var­i­ous pub­lic insti­tu­tions—have lent the upcom­ing pres­i­den­tial elec­tion an air of emer­gency. For work­ing peo­ple in Amer­i­ca, though, the emer­gency is noth­ing new at all. What is at stake for labor in this elec­tion is every­thing. Noth­ing, there­fore, has changed. 

Don­ald Trump and the coro­n­avirus, the two fac­tors infus­ing this elec­tion with urgency, are of recent vin­tage. But the cri­sis for work­ing Amer­i­cans has been grow­ing worse for at least four decades. Since the Rea­gan era, eco­nom­ic inequal­i­ty has been ris­ing, union pow­er has been declin­ing, and glob­al cap­i­tal­ism has been widen­ing the chasm between the rich and every­one else. 

Orga­nized labor has been fight­ing a los­ing—and some­times inept­ly fought—bat­tle against these trends in every elec­tion since 1980. The once-in-a-cen­tu­ry cat­a­stro­phe sur­round­ing the 2020 elec­tion may be what it needs to final­ly reverse two gen­er­a­tions of dis­re­spect and defeat. 

Labor unions, which rep­re­sent work­ers in a work­place, have always includ­ed peo­ple of all polit­i­cal stripes. The labor move­ment—the broad­er uni­verse of groups pur­su­ing the inter­ests of work­ing peo­ple—will con­tin­ue to lean left, in the direc­tion that val­ues labor over cap­i­tal. (See­ing police unions endorse Trump, whose admin­is­tra­tion is deter­mined to crush labor rights, is an exam­ple of the fact that indi­vid­ual unions and their mem­bers can act in self-inter­est­ed ways that go against the labor move­ment as a whole.) 

For rough­ly the past half cen­tu­ry, union house­holds have tend­ed to vote Demo­c­ra­t­ic by about a 60–40 mar­gin, but that mar­gin has fluc­tu­at­ed. In 1980, Ronald Rea­gan nar­rowed the gap to only a few points. Barack Oba­ma took the union vote by 34 points in 2012, but in 2016, that gap shrank by half. Demo­c­ra­t­ic pres­i­den­tial nom­i­nee Joe Biden, tout­ing his Oba­ma con­nec­tions and fac­ing an out­right incom­pe­tent racist, will like­ly expand that mar­gin again. 

Since Con­gress passed the Taft-Hart­ley Act in 1947, unions have been oper­at­ing in the frame­work of a set of labor laws designed to rob them of pow­er. The state of those laws today is abysmal. The right to strike is restrict­ed, and com­pa­nies have been able to clas­si­fy large swaths of their work­ers as “inde­pen­dent con­trac­tors,” who lack the right to union­ize. More than half the states in the coun­try have passed “right to work” laws, which give work­ers the abil­i­ty to opt out of pay­ing union dues, mak­ing it extreme­ly dif­fi­cult for unions to orga­nize and main­tain mem­ber­ship. The 2018 Supreme Court deci­sion in the Janus v. AFSCME case made the entire pub­lic sec­tor “right to work” as well, which is sure to eat into that last bas­tion of strong union den­si­ty. The unful­filled desire to achieve some sem­blance of labor law reform has been the pri­ma­ry rea­son that unions in Amer­i­ca have poured mon­ey into the Demo­c­ra­t­ic Par­ty for decades, despite get­ting decid­ed­ly mod­est leg­isla­tive wins in return. 
“It’s critical that in the new administration, labor doesn’t just get siloed: ‘What’s the thing we can do to make the unions happy’ It’s got to be an approach to looking across everything, especially in light of the economic situation.” —Sharon Block, former Labor Department official in the Obama administration

Ear­li­er this year, Sharon Block, a for­mer Labor Depart­ment offi­cial in the Oba­ma admin­is­tra­tion who now heads the Labor and Work­life Pro­gram at Har­vard, and labor expert and Har­vard pro­fes­sor Ben­jamin Sachs spear­head­ed the assem­bly of the “Clean Slate for Work­er Pow­er” agen­da—some­thing of a union-friend­ly labor law plat­form for Democ­rats in exile dur­ing the Trump years. That agen­da is a fair sum­ma­tion of the labor movement’s wish list. It calls for a swath of reforms that make it eas­i­er for all work­ers to orga­nize and exer­cise pow­er. Its pil­lars include sec­toral bar­gain­ing, which would allow entire indus­tries to nego­ti­ate con­tracts at once; a much broad­er right to strike; work­er rep­re­sen­ta­tives on cor­po­rate boards; stream­lined union elec­tions; more labor rights for inde­pen­dent con­trac­tors and oth­er gig work­ers; the end of statewide “right to work” laws; and stronger enforce­ment of labor stan­dards. Biden’s own labor plat­form, while not quite as rad­i­cal—it con­spic­u­ous­ly does not include sec­toral bar­gain­ing—does include the major­i­ty of the Clean Slate agen­da. Biden’s plat­form also says there will be a “cab­i­net-lev­el work­ing group” of union rep­re­sen­ta­tives, which could pre­sum­ably push his plat­form even fur­ther left. Though Biden was among the most cen­trist of the Demo­c­ra­t­ic pri­ma­ry can­di­dates, the party’s cen­ter has moved so much in the past four years that he has the most left­ist labor plat­form of any nom­i­nee since the New Deal. 

While Biden is regard­ed by many as very pro-union, his­to­ry has taught the labor move­ment that its great­est chal­lenge will be get­ting him to actu­al­ly pri­or­i­tize labor if he assumes pow­er. “I had the priv­i­lege of see­ing Joe Biden in action. When he walked into a room where we were dis­cussing pol­i­cy, we knew that the inter­ests of work­ers, their col­lec­tive pow­er, and the labor move­ment was going to be on the table,” Block says. But, she warns, “It’s crit­i­cal that in the new admin­is­tra­tion, labor doesn’t just get siloed: ‘What’s the thing we can do to make the unions hap­py’ It’s got to be an approach to look­ing across every­thing, espe­cial­ly in light of the eco­nom­ic situation.”

In oth­er words, the new admin­is­tra­tion must treat orga­nized labor not as a spe­cial inter­est but as the key to chang­ing our increas­ing­ly two-tiered econ­o­my. That point is key to under­stand­ing the divide between the part of the labor move­ment that sup­port­ed left-wing can­di­dates like Sen. Bernie Sanders (I-Vt.) and Sen. Eliz­a­beth War­ren (D-Mass.), and those that sup­port­ed Biden. While Sanders’ back­ers will speak of his fanat­i­cal moral devo­tion to pro-work­ing class pol­i­cy, Biden’s allies will speak of the per­son­al rela­tion­ship they have with him. It is the divide between those who see unions more as part of a greater effort to improve con­di­tions for all work­ers, and those who see them more as a prac­ti­cal tool for mem­bers. “Joe Biden had an open door pol­i­cy. That was the biggest thing. That was the crux of the rela­tion­ship,” says a spokesper­son for the Inter­na­tion­al Asso­ci­a­tion of Fire Fight­ers, the first big union to endorse Biden when he entered the 2020 race. “With Joe Biden at the White House, our voice is heard. We get pri­or­i­ty access.”

This trans­ac­tion­al, loy­al­ty-cen­tric approach is unsur­pris­ing for a career politi­cian like Biden, but it can leave out labor lead­ers who don’t have such a long his­to­ry of back­ing him. Most major unions did not endorse in the 2020 Demo­c­ra­t­ic pri­ma­ry, pre­fer­ring to focus on back­ing who­ev­er became the nom­i­nee to oppose Trump. And Biden—though he has many union allies—is not a cru­sad­er, but a politi­cian with decades of strong cor­po­rate back­ing, lead­ing many in labor to won­der how much he real­ly means what his plat­form says. The Biden cam­paign tried to mit­i­gate that wor­ry by includ­ing mul­ti­ple pro­gres­sive union lead­ers in the Biden-Sanders “Uni­ty Task Force,” which was explic­it­ly set up to uni­fy the left and cen­trist wings of the par­ty, in part by get­ting pro­gres­sive poli­cies into the Demo­c­ra­t­ic plat­form. That task force prod­ded Biden mod­est­ly to the left but not so far as to endorse core pro­gres­sive ideas like Medicare for All. The unions clos­est to Biden, par­tic­u­lar­ly the fire­fight­ers, are opposed to Medicare for All because they want to keep the health­care plans they nego­ti­at­ed for themselves.

The biggest labor unions often have strong pro­gres­sive fac­tions but most­ly plant them­selves firm­ly in the Demo­c­ra­t­ic Party’s main­stream. In fact, four major union lead­ers who serve on the plat­form com­mit­tee of the Demo­c­ra­t­ic Nation­al Com­mit­tee vot­ed against includ­ing Medicare for All in the party’s plat­form. One was Ran­di Wein­garten, pres­i­dent of the Amer­i­can Fed­er­a­tion of Teach­ers, who also served on the Biden-Sanders Uni­ty Task Force. She says the DNC plat­form vote was a result of a pri­or agree­ment among those on the Uni­ty Task Force to vote for its rec­om­men­da­tions, in the way you might vote for a union con­tract that was imper­fect but the best you could get.

The wretched­ness of the Trump admin­is­tra­tion has pushed unions to view the elec­tion as a mat­ter of sur­vival. “What Trump has done with his abysmal han­dling of Covid, and his even worse han­dling of racism, is to have sobered up every­one that this is an elec­tion like no oth­er,” Wein­garten says. “That this elec­tion needs to be won by Biden to make sure that our democ­ra­cy, as imper­fect as it is, stays in place. … Yes, it’s aspi­ra­tional about how we need to do bet­ter. But it’s also very pri­mal, about what the stakes are right now.” 

The bru­tal real­i­ties of the pan­dem­ic mean that many unions are forced to focus on their imme­di­ate needs more than on long-term ide­o­log­i­cal goals. In the Feb­ru­ary run-up to the Neva­da cau­cus, Joe Biden and the oth­er Demo­c­ra­t­ic pri­ma­ry can­di­dates bat­tled to win the endorse­ment of the pow­er­ful Culi­nary Union, which has orga­nized the state’s casi­no indus­try. (The union ulti­mate­ly did not endorse, and Bernie Sanders won the cau­cus.) Less than two months lat­er, the unem­ploy­ment rate for the union’s mem­bers was close to 100%. Geo­con­da Argüel­lo-Kline, the union’s sec­re­tary-trea­sur­er, says the pres­i­den­tial elec­tion is now framed in relent­less­ly prac­ti­cal terms: The refusal of Repub­li­cans to deal with the pan­dem­ic and the eco­nom­ic cri­sis show that only Biden can make the gov­ern­ment sup­port work­place safe­ty leg­is­la­tion, pro­tect health insur­ance and pen­sions, and fund ade­quate unem­ploy­ment ben­e­fits until Las Vegas is back on its feet. 

“The gov­ern­ment real­ly has to pro­vide every­thing that the work­ers need dur­ing this pan­dem­ic,” Argüel­lo-Kline says. Her union is adapt­ing its leg­endary get-out-the-vote machine for a social­ly dis­tanced era, rely­ing on phone bank­ing, text mes­sag­ing and dig­i­tal com­mu­ni­ca­tion more than door-knock­ing and ral­lies. She’s con­fi­dent that Trump will not car­ry Neva­da. “Every­body in the coun­try sees how he’s being oppres­sive to minori­ties over here. How he’s attack­ing the Lati­no com­mu­ni­ty. How he doesn’t want to have any­body in this coun­try who doesn’t look like him,” she says. “We know work­ers nev­er have an easy road.” 

Across the coun­try, unions that typ­i­cal­ly would be spend­ing the sum­mer and fall months focused on elec­tion­eer­ing are forced to bal­ance that with the work of triag­ing the needs of mem­bers fac­ing very real life-and-death sit­u­a­tions. The Retail, Whole­sale and Depart­ment Store Union rep­re­sents front-line retail work­ers who have been sub­ject­ed to wide­spread lay­offs that now appear to be per­ma­nent. It also rep­re­sents poul­try plant work­ers in the South who have con­tin­ued to work through­out the pan­dem­ic with des­per­ate short­ages of pro­tec­tive equip­ment. It is hard to tell whether the work­ing mem­bers or the unem­ployed mem­bers of the union face more dan­ger. Stu­art Appel­baum, the union’s pres­i­dent, has been a mem­ber of the Demo­c­ra­t­ic Nation­al Com­mit­tee for decades, but he has nev­er dealt with an elec­tion year that com­bines such dire cir­cum­stances for work­ers with such logis­ti­cal chal­lenges to mobi­lize them to fight. 

If there is any sil­ver lin­ing, it is that the val­ue of unions is clear­er than ever before. Their pub­lic pop­u­lar­i­ty is near a 50-year high. Trump’s car­toon­ish class war lent the Demo­c­ra­t­ic pri­maries a strong pro-union fla­vor, and the work­place inequal­i­ty exposed by the pan­dem­ic has only sharp­ened the recog­ni­tion of the need for work­place pro­tec­tions. “We heard more talk about unions and sup­port of unions than we’ve heard in any oth­er cam­paign that I can remem­ber,” Appel­baum says. “There is more of a recog­ni­tion in the Demo­c­ra­t­ic Par­ty now and in soci­ety as a whole as to the impor­tance of work­ers hav­ing a col­lec­tive voice. I remem­ber when Bill Clin­ton was first elect­ed, and I’d go to union meet­ings where peo­ple would say, ‘Is the pres­i­dent ever going to men­tion the word union?’ That’s not a ques­tion we have now.” 

That, of course, is no guar­an­tee that things will work out in unions’ favor. The right wing’s long attack on orga­nized labor has sapped some of the basic abil­i­ty of unions to exer­cise pow­er. No employ­ees have been more direct­ly sub­ject­ed to that attack than the work­ers of the fed­er­al gov­ern­ment itself. The Amer­i­can Fed­er­a­tion of Gov­ern­ment Employ­ees has butted heads with the Trump admin­is­tra­tion inces­sant­ly over issues such as the lack of pay­checks dur­ing the gov­ern­ment shut­down, efforts to take away col­lec­tive bar­gain­ing rights from hun­dreds of thou­sands of employ­ees at the Defense Depart­ment, and work­ers at fed­er­al agen­cies being forced back into the office before the pan­dem­ic is under control. 

“For us, this elec­tion isn’t about par­ty affil­i­a­tion. It’s not about the dai­ly out­rages from Twit­ter. It’s about our very liveli­hoods. It’s about our rights and our lives at work,” says Everett Kel­ley, pres­i­dent of the 700,000-member union. “The issues that our mem­bers are fac­ing are real­ly the same issues that face labor as a whole—our mem­bers just work in a sec­tor where the Trump admin­is­tra­tion has the widest lat­i­tude to imple­ment its anti-labor poli­cies. But there’s no doubt that they want to export their union-bust­ing play­book from the fed­er­al gov­ern­ment to the broad­er pub­lic and pri­vate sectors.” 

All of the mon­ey, email blasts and vir­tu­al get­ting-out-the-vote that unions are engaged in on behalf of the Demo­c­ra­t­ic Par­ty will, if suc­cess­ful, result in mil­lions of mail-in bal­lots. And all of it will be worth­less if those bal­lots are not deliv­ered and count­ed prop­er­ly. Sav­ing the post office—and, who knows, per­haps democ­ra­cy itself—is a job that has fall­en in the lap of the labor move­ment. Unions have been key play­ers in pub­li­ciz­ing the threat to the postal ser­vice. They have ral­lied polit­i­cal sup­port behind postal work­ers and the pop­u­lar insti­tu­tion as a whole. What may have been seen as just anoth­er under­fund­ed gov­ern­ment agency a few years ago is now an avatar of every­thing wrong with Trumpism.

The U.S. Postal Ser­vice is, like many oth­er insti­tu­tions, fac­ing a pan­dem­ic-induced loss of rev­enue. It is also the tar­get of the Repub­li­can Party’s long-term desire to pri­va­tize mail deliv­ery and allow cor­po­ra­tions to take over its oper­a­tions. Add to that the president’s appar­ent desire to sab­o­tage the postal ser­vice before the elec­tion to pre­vent mail-in bal­lots from being count­ed, and sud­den­ly, the hum­ble post office finds itself at the cen­ter of a nation’s sense that the entire gov­ern­ment may be tee­ter­ing on the edge of irre­triev­able corruption. 

“Pri­va­ti­za­tion usu­al­ly means three things. It means high­er prices for the con­sumer, less ser­vices, and low­er wages and ben­e­fits for the work­ers,” says Mark Dimond­stein, head of the 200,000-member Amer­i­can Postal Work­ers Union. “This is cer­tain­ly the fork in the road of whether we’re going to have a pub­lic insti­tu­tion that belongs to every­body, serves every­body and is the source of good, liv­ing-wage union jobs—or a pri­va­tized, bro­ken-up gig econ­o­my postal service.”

With tens of mil­lions of Amer­i­cans unem­ployed, a dead­ly dis­ease rag­ing and an incum­bent pres­i­dent who appears not to care very much about either cri­sis, unions and their allies find them­selves pushed into a famil­iar cor­ner: Fight like hell for the less-than-ide­al Demo­c­rat—main­ly because there is no alter­na­tive. Joe Biden is an imper­fect ally. His record is busi­ness-friend­ly, and his labor plat­form, though strong in the­o­ry, is not as aggres­sive as those of some of his pri­ma­ry rivals. Labor move­ment vet­er­ans remem­ber 2008 well, when the Oba­ma admin­is­tra­tion swept in with promise but failed to deliv­er on the Employ­ee Free Choice Act, which would have enabled “card check” orga­niz­ing (a method of form­ing a union with a sim­ple major­i­ty vote) and was labor’s main (rel­a­tive­ly mod­est) wish. Biden is sell­ing him­self as Obama’s suc­ces­sor. It is up to the labor move­ment to ensure that a Biden admin­is­tra­tion does not take them for granted.

“We have to look at a Biden vic­to­ry not as an end to our work, but a begin­ning,” Dimond­stein says. “The his­to­ry of this coun­try is, it’s always been the peo­ple and the move­ment, includ­ing the work­ing class move­ment, that have cre­at­ed change in Con­gress. Not the oppo­site way.”

That, in fact, is the task that the labor move­ment—shrunk­en, bat­tered and divid­ed though it is—should be pour­ing most of its ener­gy into, even now. Union den­si­ty in Amer­i­ca has fall­en by half since the ear­ly 1980s. Bare­ly one in 10 work­ers are now union mem­bers. That exis­ten­tial decline must be turned around, or labor will nev­er have enough pow­er to win the eco­nom­ic and polit­i­cal gains that work­ing peo­ple need. No new pres­i­dent can do this for the labor move­ment—they can only remove some bar­ri­ers to make it eas­i­er for the move­ment to do it for itself.

Biden looks strong in the polls, but there is no cer­tain­ty about what lies ahead. Few union lead­ers want to engage seri­ous­ly with the ques­tion of what hap­pens if Trump wins. The answer is always some vari­a­tion of “Just keep fight­ing.” But anoth­er four years of Trump would be grim, and sur­viv­ing it would require a fero­cious turn toward rad­i­cal­ism. After 2016, some fac­tions of the union world toyed with the the­o­ry that the way to meet the moment was to cater to the minor­i­ty of “white work­ing class” union mem­bers who felt left behind and embraced Trump. That approach was always flawed—Trump’s base is the upper, not low­er class—and sub­se­quent events have ren­dered it a moot point. The labor move­ment has loud­ly allied itself with Black Lives Mat­ter and pledged to join the fight for social jus­tice. Liv­ing up to that pledge means mak­ing a choice to oppose Trump. If he is reelect­ed, orga­nized labor should expect to be one of many tar­gets of his vindictiveness.

All of which points to the fact that nei­ther elec­tion out­come will mean auto­mat­ic sal­va­tion for work­ing peo­ple. The past 40 years of his­to­ry demon­strate that. Con­trol of the White House has gone back and forth, but through it all, the rich have got­ten rich­er, the wages of work­ing peo­ple have stag­nat­ed, union den­si­ty has declined and labor law has remained bro­ken. The worst-case sce­nario for the labor move­ment is to see more of the same.

“I don’t real­ly look to the Democ­rats for lead­er­ship; I look to the labor move­ment,” says Sara Nel­son, the head of the Asso­ci­a­tion of Flight Atten­dants and one of labor’s most promi­nent pro­gres­sive voic­es. “And we have the pow­er to change this right now if we choose to do so. That pow­er is not an appendage of the Demo­c­ra­t­ic Par­ty. It’s our labor. It’s our sol­i­dar­i­ty,” she says. “As long as we out­source our pow­er to politi­cians, we are nev­er, ever going to get what work­ing peo­ple need.”

The views expressed above are the authors’ own. As a 501©3 non­prof­it, In These Times does not sup­port or oppose can­di­dates for polit­i­cal office.

This blog originally appeared at In These Times on September 22, 2020. Reprinted with permission.

About the Author: Hamilton Nolan is a labor reporter for In These Times. He has spent the past decade writ­ing about labor and pol­i­tics for Gawk­er, Splin­ter, The Guardian, and else­where. You can reach him at Hamilton@InTheseTimes.com.

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Madeline Messa

Madeline Messa is a 3L at Syracuse University College of Law. She graduated from Penn State with a degree in journalism. With her legal research and writing for Workplace Fairness, she strives to equip people with the information they need to be their own best advocate.