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When Unions Back Corporate Mergers, Workers Lose

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Hamilton Nolan

There has always been a fundamental tension in the organized labor world between people who think that unions exist to counteract the self-serving tendencies of businesses, and people who think that unions should copy the self-serving tendencies of businesses.

The gap between the view that unions should change capitalism and the view that unions should just help working people get their piece of capitalism is not just fodder for theoretical arguments — billions of dollars, thousands of jobs, and the entire direction of the post-neoliberalism economy could ride on it. We’re seeing that tension painfully demonstrated right now, at the grocery store. 

Last week, Kroger announced its plan to merge with Albertsons. That merger would create a $25 billion grocery giant that would control more than 15% of the American grocery market, second only to Walmart. (In certain local markets, it would control the majority of the grocery business.) Kroger argues that it needs such massive scale in order to compete with Walmart and Amazon — a strange claim, since Kroger’s profits grew 14% in the past year. 

Why do companies find this sort of mega-merger so attractive? It allows them to squeeze suppliers for lower prices, and, on the flip side, it gives them greater pricing power over consumers. (Mergers also create a ton of fees for advisors and potential bonuses for executives, and a little sugar rush jolt to the stock price — all things that create personal incentives for the people in charge to do deals, whether or not they end up being wise.)

What companies say when they do such mergers is, “It will help us lower prices for consumers, and it will help us strengthen our company for shareholders,” as if corporate dealmaking was an altruistic process. What they mean is,“It will help us proceed one step closer to monopoly power, the ultimate goal of all corporations, and also it will help the CEO buy a new house.” 

Then there is the labor angle.

These grocery companies have an enormous number of employees who are unionized with the United Food and Commercial Workers (UFCW) — the merger, in fact, could create the biggest single private sector union employer in the country, even bigger than the Teamsters unit at UPS. Common sense should tell you that bigger, more omnipotent companies with more extreme market power are not generally a good thing for their own blue collar workers, for many of the same reasons they are not a good thing for consumers. Companies want to get bigger to squeeze suppliers, customers, and workers in service of shareholders and executives. That is Capitalism 101, and it has been demonstrated countless times.

It is an easy call for anyone who considers themself a progressive, or who cares even a bit about the balance of power between capital and labor, to oppose this merger and others like it. It is quite a tell that the fairytale of the free market’s benefit is all about how competition will create an optimal outcome for everyone, but the reality of capitalism is that companies seek to eradicate every possible trace of competition in order to accrue benefits for themselves and screw everyone else. 

This merger needs approval from the Biden administration’s Federal Trade Commission. That means this is a political issue, and opens a door for organized labor — particularly the UFCW — to have an extraordinarily large say, given the fact that this administration actually listens to unions more than any other in living memory. As soon as the merger was announced, a group of five UFCW locals representing tens of thousands of grocery workers in the Western United States put out a statement opposing the merger, saying it would be, “devastating for workers and consumers alike and must be stopped,” for all of the reasons just mentioned. Their position was very clear. They knew this would be bad, and they immediately stood against it. The internal reform caucus called Essential Workers for a Democratic UFCW is also agitating against the merger.

Oddly, though, a full day then went by with silence from the UFCW’s International headquarters. Then, the union dropped a statement that was excruciating in its refusal to take a stand. Rather than clearly coming out against the merger, it said that, “Given the national impact such a merger would have, the UFCW and our Local Unions are discussing this and will stand together to prioritize the best interests of our members, their families, and the communities they proudly serve,” adding that the union, will oppose any merger that threatens the jobs of America’s essential workers, union and non-union, and undermines our communities.” It was a glaring, flashing siren that the leadership of the UFCW may be considering cutting a deal. 

And here is where we come to my initial point about how union leaders see their mission. In theory, the UFCW could reach an agreement with Kroger that, for example, ensured the company would be neutral as UFCW went about organizing more of its workers. It could be a way to deliver hundreds of thousands of new members into the UFCW’s ranks. (Of course, thousands of existing UFCW members could be laid off as a result of the store divestments that would go along with this merger.) But no matter what the company offered, common sense again tells you that they will not give up the underlying benefits of this mega-merger — which are structurally bad for suppliers, consumers, and workers.

No union should think of workers as pawns to be traded back and forth with companies, in order to benefit the union.

This blog originally appeared in full at In These Times on October 19, 2022. Republishing with permission.

About the Author: Hamilton Nolan is a labor writer for In These Times. He has spent the past decade writing about labor and politics for Gawker, Splinter, The Guardian, and elsewhere.


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VOTERS SUPPORT HOLDING CORPORATIONS ACCOUNTABLE FOR LABOR CONTRACTING ABUSES

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Recent polling confirms that voters who live in battleground districts overwhelmingly want their Congressional representatives to hold corporations accountable to the workers who build their business and their wealth. Voters want legislators to make it harder for companies to call workers “independent contractors”; they want lawmakers to discourage companies from contracting with temp and staffing agencies and shedding responsibility for their workers.

Between January 22 and February 1, 2021, Hart Research Associates polled voters in the nation’s 67 most competitive Congressional districts. Across political parties, regions, race, genders, age groups, education levels, and income levels, there is broad understanding that policymakers should address the rampant contracting out of jobs.

Fully 72% of voters are in favor of passing legislation that would “allow workers to hold lead companies legally responsible if their subcontractor fails to make Social Security, unemployment insurance, or workers’ compensation contributions, or fails to pay workers the wages they are owed according to prevailing minimum wage and overtime laws.” Both white voters (73%) and people of color (70%) support such legislation. Democrats especially favor such legislation (83% support), but both Independents (60%) and Republicans (66%) also endorse legislative action.

Seven in ten voters (70%) believe that eliminating permanent jobs and instead using workers from temporary or staffing agencies is a bad change in the workplace, with a third of voters regarding this as a very bad change.

And by a dramatic 40-point margin, 54% to 14%, voters think that businesses designating more workers as independent contractors, instead of hiring them as employees, is a bad change rather than a good change for the workplace. A strong majority (68%) of battleground voters favors legislation that would make it harder for companies to classify workers as independent contractors, including increasing the fees and penalties for companies that misclassify employees as independent contractors. Seventy-six percent of voters of color supported the new legislation; 66% of white voters also favored it, as did 79% of Biden voters and 58% of Trump voters.

NELP’s prior research shows that Black, Latinx, Asian/Pacific Islander, and Native American workers are overrepresented in misclassification-prone sectors, such as construction, trucking, delivery, home care, agricultural, personal care, ride-hail, and janitorial and building services, by over 36 percent; they constitute just over a third of workers overall, but between 55 and 86 percent of workers in home care, agricultural, personal care, and janitorial sectors.[1]

NELP’s results come on the heels of polling by McKinsey that finds that contract, freelance, and temporary workers would overwhelmingly prefer to have permanent employment. In particular, people of color stated a strong preference for stable jobs. Together, the two polls make clear that excluding certain workers from labor protections—exclusions that are rooted in white supremacy and segregation—has profound implications for racial justice.

The poll results make clear that lawmakers should resist efforts by Uber, Lyft, Doordash, Instacart, and others to gain special exemptions from foundational labor rights, both across the states and in intense lobbying to gain special exemptions from federal legislation known as the Protecting the Right to Organize (PRO) Act—which, if passed, would be the most consequential expansion of the right to organize that workers have seen in decades. These businesses and others that make up the misleadingly named “Coalition for Workforce Innovation” are attempting to convince lawmakers that workers prefer being relegated to second-class status. The polling data shows that these claims are false.

…people across the country are demanding that their elected representatives ensure that foundational labor rights apply to all people who work for a living, and that foundational obligations apply to businesses that contract out.

Instead, people across the country are demanding that their elected representatives ensure that foundational labor rights apply to all people who work for a living, and that foundational obligations apply to businesses that contract out. NELP applauds efforts by the Biden administrationCongressmembers, and policymakers in states and cities who are working towards this goal.

This blog originally appeared at NELP on June 15, 2021. Reprinted with permission.

About the Author: Rebecca Smith is the director of the Work Structures Portfolio at NELP. She joined NELP in 2000, after nearly 20 years advocating for migrant farm workers in Washington State.


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Big corporations suck the marrow out of the COVID-19 economy, leaving devastation behind them

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What’s the use of a crisis if big corporations and wealthy people can’t use it to make more money, preferably at the expense of those with less than them? I ask you! 

Well, by that standard, the coronavirus pandemic has worked out quite well. A large majority of the biggest publicly traded companies were profitable between April and September, but more than half laid off workers. Meanwhile, they watched small business revenue crash and many small businesses go under.

According to a Washington Post analysis, it breaks down like this: “45 of the 50 most valuable publicly traded U.S. companies turned a profit,” with an average of 2% revenue growth through the first nine months of the year. But at least 27 of those 50 firms had layoffs, leading to more than 100,000 people losing their jobs.

At the same time, small business revenue dropped 12%, with at least 100,000 small businesses closing.

To add insult to injury for the workers laid off by these large, profitable companies, many entered the pandemic with rah rah rhetoric about protecting their workers. Salesforce CEO Marc Benioff pledged “not to conduct any significant lay offs over the next 90 days.” He kept that promise. But about two months after that 90 days was up, Salesforce laid off 1,000 workers despite big profits.

This is 21st century corporate capitalism in action. Every disaster is an opportunity for more profit, and responsibility to the workers that make your company run is a meaningless concept. It’s one more reminder that claims about corporate tax cuts—like the ones the Republicans passed in 2017—meaning job creation should never, ever be believed. The tax cuts and the pandemic alike saw companies doing huge share buybacks to benefit the already wealthy, while workers reaped no benefit to speak of.

This blog originally appeared at Daily Kos on December 16, 2020. Reprinted with permission.

About the Author: Laura Clawson has been a contributing editor since December 2006. Clawson has been full-time staff since 2011, and is currently assistant managing editor at the Daily Kos.


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Corporations & the Pandemic Killing Fields; Taking a Cleaver to the Pentagon Budget

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Big companies don’t give a second thought to making big profits during the COVID-19 pandemic even if that means thousands of workers—and their families—will get sick and die from the virus. Actually, it’s a feature not a bug, no pun intended—in food processing, all those workers who make sure you get beef or chicken on your plate, are getting sick by the droves, and the only way that happens is because companies, big rich companies, keep dangerous plants operating unsafely because to make things slightly safer would cost them a few bucks. That’s criminal in a normal world. Debbie Berkowitz, director of the worker health and safety program at the National Employment Law Project, joins me to look at the threat to workers—a threat that is growing as the pandemic surges.

A few days ago, Bernie Sanders introduced a bill to cut the bloated Pentagon bi-partisan budget by a very, very modest 10 percent, with the money saved slotted to underwrite human and social programs in cities and communities where the poverty rate is 25 percent or higher. Ashik Siddique, research analyst at the National Priorities Project, talks with me about where the Pentagon could be cut—and how the slashing could go far, far deeper.

This blog originally appeared at Working Life on July 1, 2020. Reprinted with permission.

About the Author: Jonathan Tasini is a political / organizing / economic strategist. President of the Economic Future Group, a consultancy that has worked in a couple of dozen countries on five continents over the past 20 years.


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Republicans want to give corporations yet another tax cut and call it paid family leave

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Americans want paid family leave—something people in most nations around the world already get. So it sounds like something to cheer that there’s a paid family leave provision in the Senate Republican tax plan, right? Yeah, no. This is very much a Republican family leave proposal, which is to say it’s a giveaway to big corporations that won’t get much for working Americans. 

The bill would give companies a tax credit for a small proportion of the worker’s pay, companies only get the credit at the end of the year—so if they can’t afford to offer leave up front, they can’t take advantage of it—and it expires in 2019.

“It’s a flimflam,” said Ellen Bravo, co-director at Family Values@Work, a national coalition of paid leave advocates. “It’s pretending to say we’re giving you something new that people urgently need when, in fact, it’s a giveaway to the bigger corporations that can already afford to do it.” […]

Several conservative economists agree. This kind of tax credit would most likely be embraced by companies that already offer paid family leave, wrote Aparna Mathur, a resident scholar in economic policy at the American Enterprise Institute.

“This is only a small step forward in this debate, not a giant leap,” Mathur said. “Much more can and should be done.”

Not to mention, including something they can call paid family leave is a great Republican trick for pretending their giant tax cuts for rich people package is good for working families. And—like this flimflam proposal—it’s just not.

Call your senators now at (202) 224-3121 and urge them to vote no on this giveaway to corporations and the wealthy at the expense of working families.

This blog was originally published at DailyKos on November 17, 2017. Reprinted with permission.

About the Author: Laura Clawson is labor editor at Daily Kos.


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GOP Smash-And-Burn Tax Plan Does Nothing for Workers

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Congressional Republicans are selling a trickle-down tax scam times two. It’s the same old snake oil, with double hype and no cure.

A single statistic explains it all: one percent of Americans – that is the tiny, exclusive club of billionaires and millionaires – get 80 percent of the gain from this tax con. Eighty percent!

But that’s not all! To pay for that unneeded and unwarranted red-ribbon wrapped gift to the uber wealthy, Republicans are slashing and burning $5 trillion in programs cherished by workers, including Medicare and Medicaid.

Look at the statistic in reverse, and it seems worse: 99 percent of Americans will get only 20 percent of the benefit from this GOP tax scam. That’s not tax reform. That’s tax defraud.

Republican tax hucksters claim the uber rich will share. It’s the trickle down effect, they say, the 99 percent will get some trickle down.

It’s a trick. Zilch ever comes down. It’s nothing more than fake tax reform first deployed by voodoo-economics Reagan. There’s a basic question about this flim-flammery: Why do workers always get stuck depending on second-hand benefits? Real tax reform would put the rich in that position for once. Workers would get the big tax breaks and the fat cats could wait to see if any coins trickled up to jingle in their pockets.

House Speaker Paul Ryan claimed Republicans’ primary objective in messing with the tax code is to help the middle class, not the wealthy. Well, there’s a simple way to do that:  Give 99 percent of the tax breaks directly to the 99 percent.

The Republican charlatans hawking this new tax scam are asserting the pure malarkey that it provides two, count them TWO, trickle-down benefits. In addition to the tried-and-false fairytale that the rich will share with the rest after collecting their tax bounty, there’s the additional myth that corporations will redistribute downward some of their big fat tax scam bonuses.

A corporate tax break isn’t some sort of Wall Street baptism that will convert CEOs into believers in the concept of paying workers a fair share of the profit their labor creates.

Corporations have gotten tax breaks before and haven’t done that. And they’ve got plenty of cash to share with workers right now and don’t do it. Instead, they spend corporate money to push up CEO pay. Over the past nine years, corporations have shelled out nearly $4 trillion to buy back their own stock, a ploy that raises stock prices and, right along with them, CEO compensation. Worker pay, meanwhile, flat-lined.

In addition to all of that cash, U.S. corporations are currently sitting on another nearly $2 trillion. But CEOs and corporate boards aren’t sharing any of that with their beleaguered workers, who have struggled with stagnant wages for nearly three decades.

Still, last week, Kevin Hassett, chairman of the President’s Council of Economic Advisers, insisted that the massive corporate tax cut, from 35 percent down to 20 percent, will not trickle, but instead will shower down on workers in the form of pay raises ranging from $4,000 to $9,000 a year.

Booyah! Happy days are here again! With the median wage at $849 per week or $44,148 a year, that would be pay hikes ranging from 9 percent to 20 percent! Unprecedented!

Or, more likely, unrealistic.

Dishonest, incompetent, and absurd” is what Larry Summers called it. Summers was Treasury Secretary for President Bill Clinton and director of the National Economic Council for President Barack Obama.

Jason Furman, a professor at the Harvard Kennedy School who once held Hassett’s title at the  Council of Economic Advisers, called Hassett’s findings “implausible,”  “outside the mainstream” and “far-fetched.”

Frank Lysy, retired from a career at the World Bank, including as its chief economist, agreed that Hassett’s projection was absurd.

Hassett based his findings on unpublished studies by authors who neglected to suffer peer review and projected results with all the clueless positivity of Pollyanna. Meanwhile, Lysy noted, Hassett failed to account for actual experience. That would be the huge corporate tax cuts provided in Reagan’s Tax Reform Act of 1986.

Between 1986 and 1988, the top corporate tax rate dropped from 46 percent to 34 percent, but real wages fell by close to 6 percent between 1986 and 1990.

Thus many economists’ dim assessment of Hassett’s promises.

The other gob-smacking bunkum claim about the Republican tax scam is that it will gin up the economy, and, as a result, the federal government will receive even more tax money. So, in their alternative facts world, cutting taxes on the rich and corporations will not cause deficits. It will result in the government rolling in coin, like a pirate in a treasure trove. That’s the claim, and they’re sticking to it. Like their hero Karl Rove said, “We create our own reality.”

Here’s Republican Sen. Patrick J. Toomey, for example: “This tax plan will be deficit reducing.”

If the Pennsylvania politician truly believes that’s the case, it’s not clear why he voted for a budget that would cut $473 billion from Medicare and $1 trillion from Medicaid. If reducing the tax rate for the rich and corporations really would shrink the deficit, Republicans should be adding money to fund Medicare and Medicaid.

While cutting taxes on the rich won’t really boost the economy, it will increase income inequality. Makes sense, right? Give the richest 1 percenters 80 percent of the gains and the remaining 99 percent only 20 percent and the rich are going to get richer faster.

Economist Thomas Piketty, whose work focuses on wealth and income inequality and who wrote the best seller “Capital in the Twenty First Century,” found in his research no correlation between tax cuts for the rich and economic growth in industrialized countries since the 1970s. He did find, however, that the rich got much richer in countries like the United States that slashed tax rates for the 1 percent than in countries like France and Germany that did not.

This Republican tax scam is a case of the adage that former President George W. Bush once famously bungled: “Fool me once, shame on you. Fool me twice, shame on me.”

This blog was originally published at OurFuture.org on October 27, 2017. Reprinted with permission.

About the Author: Leo Gerard, International President of the United Steelworkers (USW), took office in 2001 after the retirement of former president George Becker.


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Canadian Mounties to the Rescue of American Workers

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The Canadian Royal Mounties have offered to ride to the rescue of beleaguered American workers.

It doesn’t sound right. Americans perceive themselves to be the heroes. They are, after all, the country whose intervention won World War II, the country whose symbol, the Statue of Liberty, lifts her lamp to light the way, as the poem at the statue’s base says, for the yearning masses and wretched refuse, for the homeless and tempest-tossed.

America loves the underdog and champions the little guy. The United States is doing that, for example, by demanding in the negotiations to rewrite the North American Free Trade Agreement (NAFTA) that Mexico raise its miserable work standards and wages. Now, though, here comes Canada, the third party in the NAFTA triad, insisting that the United States fortify its workers’ collective bargaining rights. That’s the Mounties to the rescue of downtrodden U.S. workers.

This NAFTA demand from the Great White North arrives amid relentless attacks on labor rights in the United States, declining union membership and stagnant wages. To prevent Mexico’s poverty wages from sucking U.S. factories south of the border, the United States is insisting that Mexico eliminate company-controlled fake labor unions. Similarly, to prevent the United States and Mexico from luring Canadian companies away, Canada is stipulating that the United States eliminate laws that empower corporations and weaken workers.

The most infamous of these laws is referred to, bogusly, as right-to-work. Really, it’s right-to-bankrupt labor unions and right-to-cut workers’ pay. These laws forbid corporations and labor unions from negotiating collective bargaining agreements that require payments in lieu of dues from workers who choose not to join the union. These payments, which are typically less than full dues, cover the costs that unions incur to bargain contracts and pursue worker grievances.

Lawmakers that pass right-to-bankrupt legislation know that federal law requires labor unions to represent everyone in their unit at a workplace, even if those employees don’t join the union and don’t make any payments. These dues-shirkers still get the higher wages and better benefits guaranteed in the labor contract. And they still get the labor union to advocate for them, even hire lawyers for them, if they want to file grievances against the company.

The allure of getting something for nothing, a sham created by right-wing politicians who prostrate themselves to corporations, ultimately can bankrupt unions forced to serve freeloaders. Which is exactly what the right-wingers and corporations want. It’s much easier for corporations to ignore the feeble pleas of individual workers for better pay and safer working conditions than to negotiate with unions that wield the power of concerted action.

Canada is particularly sensitive about America’s right-to-bankrupt laws because they’ve now crept up to the border. Among the handful of states that in recent years joined the right-to-bankrupt gang are Wisconsin and Michigan, both at the doorstep of a highly industrial region in Ontario, Canada.

So now, the governors of Wisconsin and Michigan can whisper in the ears of CEOs, “Come south, and we’ll help you break the unions. Instead of paying union wages, you can take all that money as profit and get yourself even fatter pay packages and bonuses!”

Then those governors will make American workers pay for the move with shocking tax breaks for corporations, like the $3 billion Wisconsin Gov. Scott Walker promised electronics manufacturer Foxconn to locate a factory there. That’s $1 million in tax money for each of the 3,000 jobs that Foxconn said would be the minimum it would create with the $10 billion project.

Right-wing lawmakers like Walker and U.S. CEOs have been union busting for decades. And it’s been successful.  In the heyday of unions in the 1950s and 1960s, nearly 30 percent of all U.S. workers belonged. Wage rates rose as productivity did. And they climbed consistently. Then, one wage-earner could support a middle-class family.

That’s not true anymore. For decades now, as union membership waned, wages stagnated for the middle class and poor, and compensation for CEOs skyrocketed. And this occurred even while productivity rose. By January of 2016, the most recent date for which the statistics are available, union membership had declined to 10.7 percent. The number of workers in unions dropped by nearly a quarter million from the previous year.

This is despite the fact that union workers earn more and are more likely to have pensions and employer-paid health insurance. The median weekly earnings for non-union workers in 2016 was $802. For union members, it was $1,004.

It’s not that labor unions don’t work. It’s that right-wing U.S. politicians are working against them. They pass legislation and regulations that make it hard for unions to represent workers.

It’s very different for unions in Canada. For example, union membership in Canada is growing, not dwindling like in the United States. In Canada, 31.8 percent of workers were represented by union in 2015, up 0.3 percentage points from 2014. That is higher than the all-time peak in the United States.

And it’s because Canadian legislation encourages unionization to counterbalance powerful corporations. In some Canadian provinces, for example, corporations are prohibited from hiring replacements when workers strike; striking workers are permitted to picket the companies that sell to and buy from their employer; labor agreements must contain “successorship” rights requiring a corporation that buys the employer to recognize the union and abide by its labor agreement; and employers must submit to binding arbitration if they fail to come to a first labor agreement with a newly formed union within a specific amount of time.

The second round of negotiations to rewrite NAFTA ended in Mexico this week. The third is scheduled for later this month in Canada. That’s a good opportunity for the northernmost member of the NAFTA triad to showcase its labor laws and explain why they are crucial to defending worker rights and raising wages.

Getting language protecting workers’ union rights into NAFTA is not enough, however. The trade deal must also contain penalties for countries that fail to meet the standards. This could be, for example, border adjustment taxes on exports from recalcitrant countries.

Canada’s nearly 20,000 Royal Canadian Mounted Police only recently filed papers to unionize. That occurred after the Canadian Supreme Court overturned a 1960s era federal law that barred them from organizing.

Canada’s Supreme Court said the law violated the Mounties’ freedom of association, a right guaranteed to Americans in the U.S. Constitution. Now, Canada is riding to the rescue of U.S. and Mexican workers’ freedom of association by demanding the new NAFTA include specific protections for collective bargaining.

This blog was originally published at OurFuture.org on September 8, 2017. Reprinted with permission. 

About the Author: Leo Gerard, International President of the United Steelworkers (USW), took office in 2001 after the retirement of former president George Becker.


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Republicans Working Against Workers

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Ever-worsening is the chasm between the loaded, who luxuriate in gated communities, and the workers, who are hounded at their rickety gates by bill collectors.

Even though last week’s Bureau of Labor Statistics report showed unemployment at a low 4.4 percent, wages continue to flatline, killing both opportunity and the consumer economy. Meanwhile, corporations persist in showering CEOs and their cronies with ever-fatter pay packages and golden parachutes when they mess up.

This would all be sufferable if workers felt those in control in Washington, D.C. were striving to turn it all around. But the Republicans, who boast majorities in both houses of Congress, are just the opposite.

Their legislation shows they’re indentured to big business. Ever since they took power, they’ve labored tirelessly to destroy worker protections. They’ve swiped money from workers’ ragged pockets and handed it to 1 percenters on a silver platter – a plate bought with massive campaign contributions by the 1 percent.

The most blatant example is Republicans’ so-called health insurance bill. Both the House and Senate versions would strip health care from tens of millions of Americans while granting corporations and the nation’s richest tax cuts totaling $700 billion.

The Tax Policy Center determined that households with incomes above $875,000 a year would get 45 percent of those benefits. For the wealthiest, the annual tax cut would be nearly $52,000, a big fat break that is almost exactly the entire household income for the median American family.

In other words, Republicans want to hand millionaires a check that equals what a typical family earns by working an entire year.

Those massive tax breaks for the rich cost workers big time. Republicans’ so-called health insurance bill slashes Medicaid, so workers’ frail, elderly parents will lose the coverage they need to remain in nursing homes, babies born with cancer and crippling congenital diseases will be cut off care, and relatives who are victims of the opioid epidemic will be denied treatment. But, hey, the rich get richer!

Meanwhile, Republicans are pushing legislation in Congress to hobble labor unions and suppress wages. One House bill would delay union elections, giving corporations more time to bully and fire workers who consider joining. This proposed legislation would also stop workers from organizing small groups instead of the entire roster of employees.

Yet another GOP proposal would change the definition of democratic election. As it is now, a congressional candidate wins when he or she receives the highest number of votes cast. Candidates aren’t deemed losers if they receive votes from fewer than half of all potential voters.

Securing ballots from more than half of potential voters would be a very hard standard to meet because in many elections little more than a third of eligible voters go to the polls. In the 2016 Presidential election, 58 percent of potential voters exercised their franchise. That means neither Donald Trump nor Hillary Clinton would have won under the more than 50 percent of eligible voters standard.

Even so, the bill under consideration in Congress would impose that standard on unions. When workers want to form a union, this legislation would require that they get positive votes from more than half of all eligible workers, not more than half of those who actually vote.

It is a standard no politician would want to be held to, but Republicans are willing to require it of workers to prevent them from organizing and bargaining jointly for better wages and working conditions.

At the bidding of corporations, Republicans are working against workers because labor organizations succeed through concerted action in wresting from fat cat CEOs a more fair share of the fruit of workers’ labor. Workers in labor unions receive higher wages, better health benefits and pensions and safer conditions.

When more workers were unionized, the space between rich and poor was more like a crack than the current chasm. In the 1950s, 33 percent of workers participated in labor organizations. Now it’s 10.7 percent. In the ’50s, the ratio of CEO-to-worker pay was 20-to-1. That means for every dollar a worker made, the CEO got $20. Now the ratio is 347-to-1. For every dollar a worker earns, the top dog grabs $347. CEOs of S&P 500 corporations pulled down an average of $13.1 million in total annual compensation in 2016, while their typical worker received $37,632.

The high point of unionization in America, the 1950s, was the low point in income inequality. It is called the time of the great compression. And a new study published by the National Bureau of Economic Research reaffirms that unionization produced better wages.

In a report titled “Unions, Workers, and Wages at the Peak of the American Labor Movement,” scholars Brantly Callaway of Temple University and William E. Collins of Vanderbilt University analyzed new data and determined “the overall wage distribution was considerably narrower in 1950 than it would have been if union members had been paid like non-union members with similar characteristics.”

They go on to say, “Our historical interpretation is that in the wake of the Great Depression, workers sought and policymakers delivered institutional reforms to labor markets that promoted  unions, reduced inequality, and helped lock in a relatively narrow distribution of wages that lasted for a generation.”

That time is gone. Unions have been declining for decades, largely as a result of onerous requirements legislated by Republicans. As unions shrank, so did worker bargaining power. The result is that while workers’ productivity increased, their wages stagnated for the past three decades.

Still, Republicans are squashing unions even more by, for example, reversing a rule requiring corporations to report when they hire union busters to strong-arm workers into voting against organizing.

And Republicans are working hard on other measures to ensure workers make even less money. For example, Missouri Republicans reversed a minimum wage increase in St. Louis and prohibited the state’s cities from requiring union-level wages on public construction projects.

In addition, in Washington, the Republican administration refused to defend in court a new rule that would have made millions more workers automatically eligible to receive time-and-a-half pay when they work overtime.

If workers feel like the system is rigged against them, that’s because it is. Republicans working at the behest of CEOs and the U.S. Chamber of Commerce have created a government by corporations for corporations.

And none of the government welfare and benefits that corporations and one percenters got for themselves in this process ever trickled down to workers.

This blog was originally published at OurFuture.org on July 14, 2017. Reprinted with permission.

About the Author: Leo Gerard is the president of the United Steelworkers International union, part of the AFL-CIO. Gerard, the second Canadian to lead the union, started working at Inco’s nickel smelter in Sudbury, Ontario at age 18. For more information about Gerard, visit usw.org.


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The Trump Administration is About to Put Nursing Home Profits Ahead of Nursing Home Patients

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Some of the most heart-wrenching stories of abuse, mistreatment and neglect you’re likely to hear involve nursing homes. As America’s baby boomers age, and nursing home populations continue to grow, big corporations have, not surprisingly, started to take note. In fact, the vast majority of nursing homes in the United States – 70%, according to the Centers for Disease Control and Prevention – are run by for-profit corporations, and an increasing number of homes are being snapped up by Wall Street investment firms.

And that, in turn, can often mean that high quality care takes a backseat to high profits.

Increasingly, these giant corporations are using forced arbitration clauses — contract terms that say that people cannot sue them, no matter what laws they break, and instead people harmed by illegal acts can only bring cases before private arbitrators who are generally beholden to the corporations. These clauses make it far harder for the victims of mistreatment to hold a facility accountable where there’s abuse or serious negligence, and they minimize the incentive to provide the highest quality of care.  The secretive arbitration system also effectively lets homes sweep the facts about problems under the rug, so that the public and regulators never learn about widespread or egregious abuses.

That’s why, in 2016, the Centers for Medicare and Medicaid Services said nursing homes should no longer receive federal funding if they use arbitration clauses in their contracts. It was a commonsense proposal that would ensure families can hold nursing homes accountable for abuse and neglect. The government essentially said – and rightly so – that protecting desperately vulnerable people is more important than squeezing out an extra percentage of profit for hedge fund owners.

But that was 2016. Now, the Trump Administration appears to be gearing up to kill the proposal.

Senator Al Franken (D-MN), a fierce opponent of arbitration who has fought corporate lobbyists to protect Americans’ right to their day in court, said on Tuesday that “the Trump Administration is planning to lift the ban on nursing home arbitration clauses.”

So the White House, it appears, is ready to deliver another gift to hedge funds and banks – the corporate entities that increasingly control the nursing home industry – at the expense of the sick and elderly and their families.

It’s no wonder why corporate lobbyists working for the nursing home industry have made killing the CMS proposal a top priority: unlike the public court system (where trials are open to the public, press and regulators), nursing homes benefit enormously from the secretive system of arbitration, where the facts about abuses can be (and often are) buried. “Confidentiality” provisions – which really translate into gag orders – and non-transparent, non-public handling make it easier for systemic problems to stay hidden, and to continue.

If nursing homes are permitted to continue opting out of the civil justice system, we can expect to see lower levels of care, and higher numbers of preventable injuries and deaths. If they succeed in keeping families out of court, the potential savings to their bottom line are enormous when you consider that abuse is very widespread (according to the government’s own study).  Public Justice, our national public interest law firm and advocacy organization, set forth an extensive factual and legal case in support of the CMS proposal, where a great deal more background is available.

Consider just a handful of the plaintiffs who were able to successfully challenge nursing homes in court:

  • A 90-year-old woman allowed to languish with a festering pressure sore, acute appendicitis, and a urinary tract infection so severe it has entered her blood.
  • A diabetic patient injected with the incorrect dose of insulin, sending them into hypoglycemic shock and causing brain damage.
  • An 81-year-old man who was viciously beaten by a roommate who’d been involved in 30 assaults prior to moving in with the victim.
  • An 87-year-old woman whose calls for help were ignored after she fell and broke her hip.

Had any of those patients been subject to an arbitration clause – as no doubt many future cases would be if the Administration folds to pressure from for-profit homes – they likely would have never had a chance to have their case heard by a jury.

Nursing homes have complete control over some of the most vulnerable and fragile people in the entire country: people who are gravely ill, who are often cognitively impaired in ways that make it hard for them to protect themselves, are completely at the mercy of these institutions.

Now, rather than working to give those patients some small measure of protection and security, the Trump Administration is poised to give them the shaft. It’s unconscionable back-pedaling that would leave millions with little recourse when they, or their loved ones, are mistreated or abused.

This blog originally appeared at DailyKos.com on May 3, 2017. Reprinted with permission.

About the Author: Paul Bland, Jr., Executive Director, has been a senior attorney at Public Justice since 1997. As Executive Director, Paul manages and leads a staff of nearly 30 attorneys and other staff, guiding the organization’s litigation docket and other advocacy. Follow him on Twitter: .

 


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San Francisco Looks To Tax Tax-Dodging Tech Companies

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Dave JohnsonAll of us suffer consequences when corporations cheat. Silicon Valley’s tech companies make a lot of money, but many of them dodge paying taxes. San Francisco is going to try to do something about it. Three supervisors are proposing that the city tax tech companies to help pay the costs these companies impose on the city.

Silicon Valley housing costs have skyrocketed thanks to the high salaries and stock options tech companies pay to attract skilled workers. In San Francisco and much of the area, the median rent for a one-bedroom apartment is over $3,500. The median home sells for over $1 million. This has pushed many long-term residents to the edge of or even into, homelessness.

San Francisco is a mecca for young, affluent tech workers. In some areas of San Francisco the streets are lines with sidewalk restaurants, brewpubs, great shops, all the things that make an urban environment a fun place to be. In other parts of the city the streets are literally lined with homeless people, many pushed out by the lack of housing that people making only double or triple the national median income can afford.

The Tax

Three supervisors have proposed a ballot proposal to approve a 1.5 percent payroll tax on “tech companies” with more than one million dollars in gross revenue. This would raise around $115 million annually for the city, which would go to homelessness programs and affordable housing projects. Also in the proposal as many as 75,000 small businesses would have their business registration fee cut in half.

Thomas Fuller Reports in The New York Times, in “San Francisco Considers Tax on Tech Companies to Pay for Boom’s Downside“:

Eric Mar, a member of the city’s Board of Supervisors, announced the proposal last week for a 1.5 percent payroll tax that would serve as a form of indemnification for what he described as the downside of the technology boom.

Tech companies have been “a tremendous benefit to the city in many ways,” Mr. Mar said. “But I don’t think they’ve been paying their fair share.”

The proposal for what has become known as the tech tax comes as officials struggle to fill growing gaps in the city budget. Money from the tech tax would go toward paying for programs for the homeless and the housing “affordability crisis,” Mr. Mar said.

Opponents say it is hard to define what a “tech company” is. But according to SFGate’s Emily Green:

The measure identifies tech companies by the type of tax code they use under the Internal Revenue Service’s North American Industry Classification System. Companies classify themselves. They may face penalties if a government audit finds they are misidentifying themselves.

Community Groups Back Tax

The community groups backing the tax include:

Causa Justa/Just Cause, “a multiracial, grassroots organization building community leadership to achieve justice for low-income San Francisco and Oakland residents. … [W]e are a force for justice and unity among Black and Brown communities. … We provide tenant rights advocacy and information to tenants through our Housing Committee/Tenants’ Rights Clinic. We build our membership through recruitment in the tenants’ rights clinics and through neighborhood door knocking and outreach. We fight grassroots campaigns to win immigrant rights and housing rights and work toward building a larger movement for social transformation.

San Francisco Rising, which organizes “in African-American, Latino and Asian/Pacific Islander communities in San Francisco. … [T]he members of SFR seek to build a new, community-based political infrastructure and to make lasting change on a broad set of issues impacting their communities.”

Jobs with Justice, which “believes that all workers should have collective bargaining rights, employment security and a decent standard of living within an economy that works for everyone. We bring together labor, community, student, and faith voices at the national and local levels to win improvements in people’s lives and shape the public discourse on workers’ rights and the economy.”

The Coalition on Homelessness “brings together homeless folks, front-line service providers, and their allies to build a San Francisco that everyone can call home. We are working every day to expand access to housing in one of the richest cities in the country, protect the rights of the poorest people on our streets, and to address the root causes of homelessness and poverty.”

Tax-Dodging And Extortion

Many of the giant tech companies use various schemes to dodge paying their taxes. Apple, for example, pretends that an Irish subsidiary owns the “intellectual property” behind the company’s products, and this subsidiary charges high fees, so Apple’s profits are in Ireland. This enables Apple to dodge paying U.S. taxes. Apple also pretends that it is based in a mailbox in Nevada to avoid paying corporate taxes in California. Google, for example, notoriously makes billions of dollars of profits in low-population Bermuda.

On top of tax dodging, tech (and other) companies often extort local tax breaks. Twitter, for example, extorted millions in tax breaks from San Francisco by threatening to leave the city. SFGate explains Twitter’s tax break, in “Companies avoid $34M in city taxes thanks to ‘Twitter tax break’,”

Businesses in San Francisco’s Mid-Market district skirted nearly $34 million in city payroll taxes last year thanks to a controversial incentive program known as the “Twitter tax break” intended to keep tech firms from fleeing for Silicon Valley.

That sum, published in a report released Monday by the San Francisco Controller’s Office, increased by about $30 million from 2013 and is five times greater than the amount of taxes companies avoided in the two previous years combined.

The aforementioned New York Times report explained what Twitter did to get this: “Twitter received the tax breaks after threatening to leave the city, creating resentment among tech companies in other parts of the city that did not get such incentives.”

Opponents are also using extortion to fight the proposed “tech tax,” calling it a “job-killer.” They say the small payroll tax will cause companies to pack up and leave the city so the city has to give in (a.k.a extortion). But the reality is these companies are desperate to bring in tech-skilled employees. So tech companies offer many perks to attract tech-trained employees. Aside from very high pay, employees get free lunches, snacks and beverages. At many companies even dinner is free. They get child care. They get stock options and generous benefit packages. Some even offer backrubs and yoga classes.

One of the biggest perks a tech company can offer is being located in San Francisco itself, instead of having to use their private bus network to bring employees from San Francisco.

Private bus networks? What? The February 2015 post, “Tax Scams, Google Buses Mean Silicon Valley Is #StuckInTraffic” explained:

The traffic in Silicon Valley is absolutely terrible. We the People sit in traffic, with few alternatives. The Caltrain line that runs between San Jose and San Francisco is standing room only during the hours people are trying to get to work. The Bay Area Rapid Transit (BART) rail system doesn’t go where it needs to go, and its parking lots are full where there are stations further north. Light rail is limited. The bus system is a few buses on a few of the main roads.

… But companies like Google, Facebook, Apple and others have built their own private bus lines. These are mostly shiny, white luxury buses that bring employees to work and take them home. Locally, we call them all “Google Buses.” There have even been protests because these buses bring affluent tech employees up to San Francisco neighborhoods, causing rents to soar.

There’s a relationship between those “Google Buses” and the rest of us sitting still, stuck in traffic.

Why can’t we afford to maintain our 1970s-level public transportation system? (Never mind bringing it into the 21st century.) Where did the money go? You’ve heard about companies like Apple using schemes and scams like the “Double-Irish With a Dutch Sandwich” to dodge paying taxes. Remember when an Apple executive said to The New York Times that these tax scams are just fine, because giant multinationals “don’t have an obligation to solve America’s problems.”

Commuters sit in traffic jams because tax-dodging corporations are not helping pay for transportation options. Meanwhile those companies use their tax-dodger money for beautiful, modern private transportation “Google bus” systems for themselves. They extort tax breaks. They externalize problems onto communities and offer little help – because giant multinationals “don’t have an obligation to solve America’s problems.”

Warning Shot

This proposal needs six of the eleven members of the Board of Supervisors to get on the November ballot, which is unlikely. The measure singles out “tech” companies and not others, and only those based in San Francisco. Giant companies like Facebook, Google, Apple and others are not based in San Francisco, but they deliver their high-paid employees to San Francisco’s housing market in their private bus networks.

This modest, local tax is not likely to pass, but should serve as a warning shot to giant companies – whether defined as tech companies or not – that people and communities are more than fed up with their tax dodging and their ducking responsibility for their practices.

This post originally appeared on ourfuture.org on July 11, 2016. Reprinted with Permission.

Dave Johnson has more than 20 years of technology industry experience. His earlier career included technical positions, including video game design at Atari and Imagic. He was a pioneer in design and development of productivity and educational applications of personal computers. More recently he helped co-found a company developing desktop systems to validate carbon trading in the US.


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