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Regulating from Below: How Front-Line Bank Workers Can Help Fix the Financial Industry

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Ten years after risky practices at our largest banks wreaked havoc on the global economy, we face a financial sector that, despite some reforms, remains broken in fundamental ways.

Wall Street has beat back many of the kinds of structural changes that happened after the Great Depression, and the reforms that have happened in the United States are rapidly being undermined by the Donald Trump administration. Banking scandals still abound—from Wells Fargo to Santander to Bank of America to Deutsche Bank. Consumers are encouraged to take on more debt than they can bear. Trust in the banking system remains dreadfully low while opacity of the financial system is near an all-time high.

In the wake of the 2008 crash, there was a renewed intensity by regulators and central banks to stop the bleeding caused by the banks’ irresponsible behavior, but that coordination has slipped away while power in the sector has concentrated in the hands of fewer and fewer banks and corporations.

The public is right to sound the alarm.

Strengthening oversight of the financial system is necessary. Regulations are the guardrails that keep our global banking system from veering off course and into crisis. But while these rules are critical, they are stronger when paired with unions.

Unionization in the financial sector—the norm in nearly all advanced economies, except for the United States—provides a way to “strengthen financial regulation” from the ground up. Unions are a countervailing force against the worst tendencies of the financial sector, in part by guaranteeing that pay schemes are not driven by the extreme sales pressure and unfair performance metrics.

UNI Global Union has worked with finance unions around the world for many years to develop the best practices in this area, and many unions have negotiated what are called “sales and advice” clauses in their agreements to stop predatory Wells Fargo- and Santander-esque practices. In Italy, unions have a national, sector-wide agreement to rein in the high-pressure sales goals that harmed millions of consumers in the United States.

The Nordic unions provide another example. The Nordic Financial Unions have input into nearly all aspects of banks’ changing business practices and financial regulation through dialogue with global authorities. This cooperation exists because management sees the long-term benefit of partnering with unions for the bank, for workers and for consumers.  

Dialogue and partnership are especially important as banks that were “too big to fail” have grown even bigger. Through a cycle of constant mergers and acquisitions, global financial institutions have gotten bigger, more powerful and harder to regulate. Worker voices must be integrated into corporate governance of financial institutions to provide a backstop against abuses.

The importance of workers’ involvement in finding solutions to problems in our financial system cannot be stressed enough, given that executive decisions at systemically important banks easily affect the economy and our daily lives. This inclusion relies on an environment and culture in which workers are managed through respect and not fear, with protection against unfair dismissal and retaliation, will foster the trust and security required for workers to speak out against egregious practices  

Several large banks taking steps in the right direction by signing agreements with UNI to ensure that bank workers have the right to organize without the opposition and hostility common in the United States.   

Most recently BNP Paribas signed a Global Agreement with UNI that goes beyond the right to organize and also sets standards on paid maternity leave and insurance for its 200,000 employees around the world. 

In the United States, there are virtually no front-line bank employees protected by the kinds of collective bargaining agreements that have helped pump the breaks on abuses in other countries.

That is why U.S. bank workers have joined together to collectively speak out against questionable practices—exposing those that are risky, detrimental and fraudulent—and succeeded in challenging some of the industry’s vilest practices.

UNI Global Union-Finance and affiliates, such as the CONTRAF-CUT (Brazil), the NFU, La Bancaria (Argentina), the Communications Workers of America (CWA), along with the Committee for Better Banks, also have launched a global campaign for “regulation from below.” It puts workers’ voices and workers’ rights at the forefront of creating a healthier world financial system.

We know that “regulations from above” can and do work. In the U.S., Glass-Steagall, Dodd-Frank and the creation of the Consumer Financial Protection Bureau have curbed banks’ ability to game the system and hurt working people.

A multinational coalition of bank workers standing together to help fix the financial industry can help re-ignite the global approach needed to bring trust to our banking system.

Banks and other large financial institutions must act responsibly and be accountable when they do not. Governments must have their feet held to the fire to enforce, enhance and defend protections against unethical banking practices.

That’s something that workers united, and unafraid to speak out, are well positioned to do.

This post comes on the heels of a new report, authored by UNI Finance and the AFL-CIO, with support by Friedrich Ebert Stiftung New York, titled Tipping the Balance: Collective Action by Finance Workers Creates ‘Regulation from Below.

This blog was originally published by the AFL-CIO on September 27, 2018. Reprinted with permission. 

About the Author: Christy Hoffman is the General Secretary of the UNI Global Union, a federation of 20 million service workers from more than 150 countries


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Working People Need a Strong CFPB with a Leader Who Supports Its Existence

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The Consumer Financial Protection Bureau was created after the Great Recession of 2008 wreaked havoc on the U.S. economy, causing millions of families to lose their homes to foreclosure and forcing millions of working people onto the unemployment rolls. Its mission is to protect working people from tricks and traps in consumer financial products like home mortgages and credit cards.

The CFPB has proven extremely effective. Since its creation in 2010, the bureau has returned $12 billion to consumers wronged by lenders. Twenty-nine million consumers have received relief.

The bureau owes much of its success to strong leadership. Sen. Elizabeth Warren (D-Mass.) originally had the idea to create the CFPB when she was a law professor at Harvard and led the bureau in its infancy. In 2012, she was succeeded by Richard Cordray, who had a strong record of pursuing wrongdoing against consumers as Ohio attorney general before his time at the CFPB.

Cordray, however, resigned last week, and President Donald Trump named Office of Management and Budget Director Mick Mulvaney to replace him.

There are a few problems with this. First, Mulvaney already has a job leading the Office of Management and Budget and has shown no intention of stepping down from the post. Mulvaney also has been highly critical of the CFPB, calling it a “joke…in a sick, sad way.” Finally, there are legal questions about who gets to lead the bureau when the director steps down—the deputy director or someone appointed by the president.

In addition, Mulvaney’s former chief of staff, Natalee Binkholder, left Mulvaney’s congressional staff to go to work as a lobbyist for Santander, a bank that has faced sanctions from the bureau and is reportedly facing a CFPB lawsuit alleging that it overcharged consumers for car loans.

We learned the hard way from the financial crisis in 2008 that working people need the CFPB. We need the bureau to fight to protect us from predatory lenders and, in order to be effective in doing that, it needs to be led by a strong, full-time director who believes in its mission. Consumer financial protection is a full-time job, not a side gig for someone who things it’s a “joke.”

This blog was originally published at AFL-CIO on November 28, 2017. Reprinted with permission. 

About the Author: Heather Slavkin Corzo is the director of the AFL-CIO Office of Investment. She joined the AFL-CIO in 2007 as a research analyst and was the senior legal and policy adviser from 2007 through 2014.


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GM, Healthcare, Trade, It’s All Related

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As I noted yesterday in connection with the bankruptcy of General Motors, I am in favor of spending money on trying to save peoples’ jobs–we are talking about the survival of communities and the lives of thousands of people. But, having now spent the morning reading various media reports about the GM bankruptcy, it’s startling how little, if any, of the dialogue makes broader connections to other parts of the economic system. Put another way, it’s great to spend money to address a crisis but if you don’t see the crisis in a broader way, the money will be wasted. Here is what I mean.

GM, and the rest of the U.S.-based auto industry, arrives at this crisis because of at least four problems. One is mismanagement. So, you have to ask the question–why isn’t there an entire housecleaning, removing every top manager and executive who has had significant role in running the company into the ground? Why would we turn over billions in taxpayer money to people who have shown they are thoroughly incompetent?

Second problem–which would lead me to be a tad less vocal on the first problem. Part of the crisis that led GM to the brink is a worldwide collapse of auto sales brought on by the general economic crisis. So, not to at all excuse the performance among the ranks of pathetically incompetent managers, you can also give a Bronx cheer for this sad situation to the leaders of the financial system (Robert Rubin, please take a bow).

But, you know, the above two problems pale in comparison to my other two points. First, and this is a point I have made countless times over the past number of months when I’ve played the role of TV pundit-talking-head-defender of labor, the crying shame is that we could have avoided the auto industry collapse if we had had a single-payer, “Medicare for All” health care system which would have relieved the auto companies of tens of billions of dollars of costs that have dragged down their balance sheets. Here we have the most prominent example I can think of where stupid ideology (“We can’t have a government-run health care system, that’s socialism”) has triumphed over sound economics. If we don’t learn from that mistake, the GM money goes to waste.

And, finally, if an auto industry job was, thanks to the UAW, a ticket to the “middle-class” or, at least, some promise that you could retire with some dignity, then, you would think someone would say: whoa, so now the auto companies are seeing their future in moving more jobs to Mexico and other countries. Wonder why they are doing that? Huh–could that be because of lower wages? Nah, that’s just “protectionist” talk. Point being: sure, we should be fine with our tax dollars helping people save their jobs BUT where are the leaders who are ready to rethink a trade policy that put us precisely where we are: a world where competition is based on the lowest wage possible.

About the Author: Jonathan Tasini is the executive director of Labor Research Association. Tasini ran for the Democratic nomination for the U.S. Senate in New York. For the past 25 years, Jonathan has been a union leader and organizer, a social activist, and a commentator and writer on work, labor and the economy. From 1990 to April 2003, he served as president of the National Writers Union (United Auto Workers Local 1981).He was the lead plaintiff in Tasini vs. The New York Times, the landmark electronic rights case that took on the corporate media’s assault on the rights of thousands of freelance authors.

This article originally appeared in Working Life on June 3, 2009. Reprinted with permission by the author.


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