• print
  • decrease text sizeincrease text size
    text

Viewpoint: The NLRB is Underfunded and Understaffed—And That’s a Big Threat to the Current Organizing Wave

Share this post

Gay Semel

The budget for the National Labor Relations Board for fiscal year 2022 was $274 million, which might sound like a lot of money. But it is the same amount as the Board’s budget for Trump-era fiscal years 2021 and 2020, and that is a problem.

In fact, the NLRB has not had an increase in funding since 2014, the year that the Republicans took control of Congress during the Obama administration and reignited their decades-old campaign to deep-six workers’ rights to unionize.

No increase “means a cut to the agency’s funds, due to inflation and other factors,” explains Burt Pearlstone, president of the NLRBU, the union representing workers at the agency.

The Biden administration had sought a 10 percent funding increase for the NLRB this year. But Republicans dug in to oppose an increase, claiming the cost was too high. Privately many were simply doing the bidding of their corporate backers to further weaken an agency already in trouble. When the overall budget was finally passed in March, the administration had accepted flat funding.

HOLLOWED OUT, ON PURPOSE
A goal of the Trump administration, and the Republican Party generally, has been to decimate what they refer to as the “administrative state.” During the Trump years, agency heads were appointed to hollow out federal agencies from within. At the NLRB, Trump named Peter Robb, a management lawyer famous for breaking the strike of air traffic controllers under Reagan, as General Counsel.

Robb set out to weaken the agency by overturning pro-union case law and reducing agency staff, but many of his initiatives were stymied.

Case law at the Board changes slowly. Before a General Counsel can put into place changes that he or she seeks, the right case must be filed with the agency; the case must be tried before an Administrative Law Judge (ALJ) and then the Board in Washington, D.C.

Some of Robb’s initiatives were stopped by ALJs; for others, he did not find the appropriate case. Had Trump won a second term and Robb stayed in power, the story would be quite different.

Nonetheless, Robb was able to do significant damage to the agency. During his reign, jobs were left vacant across the country. There is always a certain amount of turnover, as staff move on to other jobs; those jobs were not backfilled during Robb’s tenure. In 2018 he offered buyouts, enticing additional staff to leave, and those jobs also were not backfilled.

The NLRB even failed to spend its budget in 2018 and 2019, prompting an investigation by the Board’s Inspector General. Underspending violates the laws establishing Congress’s spending authority (as does overspending).

As the NLRB Regions lost people, the workload increased significantly for those still working at the agency. In 2021, when President Biden took office, there already was a significant backlog of trials waiting to be scheduled. Those that were scheduled took longer and longer to get before an ALJ.

A NEW SHERIFF
To his credit, Biden took the unprecedented action of firing Robb on his first day in office. Shortly after, he appointed Jennifer Abruzzo as the agency’s General Counsel.

Abruzzo had worked at the NLRB in various capacities, including as Assistant General Counsel, for 23 years. When Trump appointees took over the agency, she left and went to work for the Communications Workers (CWA).

Abruzzo knows the agency inside and out. She wants to enforce the original intent of the National Labor Relations Act: to level the playing field between workers and employees, and to protect the rights of working people collectively seeking to better their lives.

Almost immediately, Abruzzo issued memos alerting the agency of cases and practices she would like to see revisited and revised. She called for reinstating the Joy Silk standard (where the Board would require an employer to recognize the union once a majority of workers had signed union authorization cards), increasing penalties on law-breaking employers, declaring mandatory anti-union meetings unlawful, and other pro-worker initiatives. The labor movement took notice.

Biden also appointed two union-side labor lawyers to fill existing vacancies on the five-person Board: Gwynne Wilcox and David Prouty. The majority of Board members are now Democratic appointees. Both Wilcox and Prouty have fought in the trenches for years on behalf of workers and unions and understand how NLRB case law and procedures can be used to help workers or to hinder them.

HAMSTRUNG BY UNDERSTAFFING
The new appointments to the Board and the new General Counsel are exciting news—and not a moment too soon. Union organizing is way up. Workers across the country are taking on big corporations like Starbucks, Amazon, and Trader Joe’s, as well as seeking to unionize in unexpected places—comics, gaming, tech.

Filings at the NLRB for union elections from October 2021 to March 2022 were up 57 percent compared to the same period a year earlier. In response, employer lawbreaking is increasing. Unfair labor practice charges against employers are up 14 percent for the same period.

All the pieces are in place for positive developments at the NLRB, except for one thing—there are fewer people to do the work.

The Republican attack on the agency, accelerated under Robb, is being felt now. Between 2012 and 2022, the field staff at the agency was reduced by more than 40 percent.

Field staff are the lawyers and examiners who handle union elections, investigate cases, and prosecute unfair labor practices, as well as the administrative professionals who support this work. At the Brooklyn Region, which ran the elections in Staten Island at Amazon, the staff is down 40 percent since 2012.

Everything now takes longer. Delay favors the employer. Workers begin to feel that they can’t win and give up or move on.

DEATH BY DELAY
That is Amazon’s goal in Staten Island. The company filed 25 objections to the election at the JFK8 warehouse. Along with claiming objectionable behavior by the Amazon Labor Union, Amazon alleges that the Brooklyn Region of the NLRB delayed the investigation of unfair labor practice charges, instead of dismissing them, creating the impression that Amazon violated the law affecting the vote.

Even though the Brooklyn Region received assistance from field staff at other Regions to help with the Staten Island vote, Amazon claims that the agency mishandled the election by providing insufficient staff for the election. Thus, Amazon is claiming that the underfunding of the agency is cause for overturning the vote.

Amazon’s claims of violations on the part of the Brooklyn Region also caused the hearing to be moved to the Region in Phoenix, Arizona, to avoid a conflict of interest. This, too, created delay. The hearing in Phoenix did not begin until June 13, months after the actual vote.

The objections hearing alone may take months, and then there will be many more months before the briefs are filed and a decision rendered. Other legal delaying tactics will follow.

Dragging things out is Amazon’s goal; understaffing aids that goal.

Even if the agency adds staff to resolve issues at Amazon (which it has done), fewer field staffers are available to handle the increased caseload involving workers and unions at other companies.

Workers at the Brooklyn Region feel overwhelmed by the workload. Many have begun talking about leaving. The Brooklyn chapter of the NLRBU has met with Abruzzo seeking relief.

“Brooklyn is not the only Region feeling overwhelmed by the workload,” says Pearlstone. He hears this from workers at NLRB Regions across the country. “The only solution is more money to hire more people.”

BIDEN MUST FIX THIS
President Biden claims to be pro-worker and pro-union. He has supported the PRO Act, recommended greater worker rights in the federal government, issued a pro-worker message to employees at Amazon’s Alabama warehouse, and jubilantly told Amazon “Here we come!” after the first union win in Staten Island. And he has nominated a General Counsel and new Board members that care about enforcing the National Labor Relations Act.

But without sufficient funding for the NLRB, all of Biden’s statements could end up being little more than hollow promises.

Unions and labor activists need to demand that the Biden administration find additional resources for the NLRB now. Adequate funding for the agency has got to be a major issue for the labor movement—or else the wave of new organizing that has ignited our imaginations and revived an understanding of the importance of labor may wither away.

Gay Semel is a retired union-side labor lawyer. She was District Counsel to District 1 of the Communications Workers in New York for more than 30 years. She also worked as a field attorney at Region 2 of the NLRB in Manhattan for two years. She is currently working on a book about a lengthy battle to get and keep a union at Brooklyn Cablevision.

This blog originally appeared at LaborNotes on July 6, 2022. Reprinted with permission.

About the Author: Gay Semel is a retired union-side labor lawyer. She was District Counsel to District 1 of the Communications Workers in New York for more than 30 years. She also worked as a field attorney at Region 2 of the NLRB in Manhattan for two years.


Share this post

The Lie that Helped Kill the Labor Movement

Share this post

Ian Ward

In late March of 1969, Dominick Manoli, an associate general counsel at the National Labor Relations Board, appeared before the Supreme Court to deliver oral arguments in National Labor Relations Board v. Gissel Packing Company, Inc. At issue in the case was the NLRB’s policy regarding labor unions formed by “card check,” a process that allowed workers to form a union by collecting signed authorization cards from a majority of their bargaining unit rather than by participating in a formal, NLRB-supervised election. The NLRB’s policy toward these unions, known as the “Joy Silk doctrine,” was clear: In the absence of a “good faith doubt” about the union’s majority status, employers were obligated to recognize it as the workers’ exclusive bargaining agent. If the employer refused without a good faith doubt, the NLRB would issue a bargaining order to compel them to come to the table.

But when Associate Justice Byron White asked Manoli to explain how the Joy Silk doctrine would apply to a situation in which an employer, without a good faith doubt about the authenticity of the union’s majority, declined to recognize a union on the grounds that the employer preferred a formal election, Manoli’s response came as something of a surprise: He stated the exact opposite of the board’s position.
“The [NLRB’s] general counsel will not issue a complaint … in that kind of situation where the employer says to the union, ‘I don’t wish to rely upon cards,” Manoli told White.

“‘I don’t care how many cards you’ve got. I just don’t like it,’” said White, ventriloquizing the position of an employer.

“That’s right,” Manoli replied.

No one knows for sure why Manoli misstated the board’s position — but regardless of his true motives, his arguments stuck. In its decision in Gissel, the Supreme Court concluded that the NLRB had abandoned Joy Silk altogether and put forward a new standard according to which the board would in general only issue bargaining orders if it could prove that an employer had committed “outrageous” or “pervasive” unfair labor practices that made the conduct of a fair election unlikely or impossible. Two years later, in 1971, Richard Nixon’s NLRB formally amended its policy to align with the court’s decision in Gissel, indicating in a written decision that it would no longer inquire into employers’ good faith — or lack thereof — when deciding whether to issue a bargaining order to an employer who declined to recognize a card check.

Half a century later, this episode has taken on new relevance as the labor movement and its allies in the Biden administration seek to correct Manoli’s mistake. In April, Jennifer Abruzzo, President Joe Biden’s choice to serve as the NLRB’s general counsel, filed a brief in an ongoing dispute before the NLRB recommending that the five-member board readopt Joy Silk as its governing policy. (The brief makes only passing mention of Manoli’s role in the end of Joy Silk, noting in a footnote that “the Associate General Counsel misrepresented controlling Board law regarding the Joy Silk doctrine” during oral arguments in Gissel.) The board, composed of three Democratic-appointed members and two Republican-appointed members, is expected to issue a decision on Abruzzo’s recommendation in the coming months.

For many labor advocates, reinstating Joy Silk would be the first step toward addressing the lasting consequences of Manoli’s reversal. Today, it remains virtually impossible for unions to receive recognition via card check, forcing workers to rely instead on the more protracted and legally-complex process of a board-supervised election. According to some labor experts, the election process in the post-Joy Silk era remains weighted heavily in favor of employers, who are able to use an array of unfair practices to disperse support for a union without triggering a bargaining order under the Gissel standard.

“It’s striking to look at the surge in unfair labor practices that basically started precisely after 1969,” says Brian Petruska, general counsel at LIUNA Mid-Atlantic Regional Organizing Fund and the author of a 2017 article about the Joy Silk doctrine for the Santa Clara Law Review that Abruzzo cites in her brief. “What [the data] shows is that the situation has continued to get worse.”

Against this background, Manoli’s performance before the Supreme Court holds more than merely antiquarian interest. In a policy area that’s often assumed to be governed by impersonal economic laws and abstract market forces, the end of Joy Silk is the rare instance where a major change in labor law can be traced more or less directly to the actions of a single individual. If Manoli’s decision to abandon Joy Silk in March 1969 contributed to the presently anemic state of the labor movement, then what possibilities could its readoption hold for the movement’s future?

This is part of a blog that originally appeared in full at Politico on June 7, 2022. Reprinted with permission.

About the author: Ian Ward is a contributing editor for Politico Magazine.


Share this post

The New Labor Movement Is Young, Worker-Led and Winning

Share this post

Katie Barrows — IFPTE

From Starbucks and Amazon to political campaigns and digital media, workers in historically unorganized occupations are forming unions—and breathing new life into the U.S. labor movement.

This year, May Day was celebrated during a historic moment for the American labor movement. Nearly every day, news reports announce another example of workers exercising their rights as nonprofit professionals, Starbucks workers, and employees at corporations like Amazon, REI and Conde Nast announce their union drives. The approval rating for labor unions has reached its highest point in over 50 years, standing at 68 percent, and petitions for new union elections at the National Labor Relations Board increased 57 percent during the first half of fiscal year 2021.

Three years ago, we wrote an op-ed about how young workers in historically unorganized occupations—such as digital journalism, higher education and nonprofit organizations—were beginning to rebuild the labor movement. Today, Covid-19 has changed the way that we relate to work and created new sources of economic anxiety, while exacerbating old ones. Yet, young workers continue to fuel the new labor movement as they form new unions to win back a degree of control over their futures in a world fundamentally altered by a global pandemic. With momentum in union organizing and worker activism still growing, it is important to recognize the ways that workers in every industry are helping the labor movement live up to its values and reverse the years-long decline in union density. 

Through organizing campaigns at the Nonprofit Professional Employees Union, we’ve learned that successful new organizing campaigns must be member-led. Recent organizing victories at Amazon in Staten Island and at Starbucks stores across the country have reinforced the importance of workers themselves being empowered to be the drivers of their own organizing campaigns. We’ve also seen this in other traditionally unorganized sectors, such as political campaigns, digital media and tech.

There are a variety of reasons why member-led organizing campaigns tend to be more effective. One is the commitment that worker-led union organizing requires—leading a union organizing campaign is not for the faint of heart. Worker-leaders must be dedicated, and their time and energy investment means they have more skin in the game. Additionally, these workers build genuinely supportive relationships with their coworkers through one-on-one conversations, working in teams on union materials, and happy hours that bring more workers into the organizing drive. The relationships built during a worker-led organizing campaign helps workers to feel supported, as they know that their coworkers have their back. This collective approach also solidifies workers’ resolve to push back on empty rhetoric from their employer.

Member-driven campaigns are also key to combating bosses’ anti-union campaigns. When workers are active in setting campaign strategy, reaching out to their coworkers, and driving the narrative of the union campaign, they can successfully push back on corporate union-busters’ messaging that the union is a “third-party” or “outside agitator”—because workers know that they are their union.

The significance of momentum can not be understated. In all of these newly organized industries, we’ve seen the power a single union victory can have when it sparks a new consciousness among workers who previously didn’t know they could join a union, or didn’t think unions existed that understood and could address their specific concerns. Union wins years ago at Gawker, the Center for American Progress and Kickstarter helped incite the momentum for new organizing, and laid the groundwork for the campaigns we are seeing today. 

We’ve also learned the importance of publicizing our unions’ tangible contract gains. Workers want to be a part of a union that’s effective at improving their pay, benefits, and working conditions, so we as a labor movement need to make the public aware of our wins. That’s why our union and others in newly organized spaces will shout our wins from the rooftops with press releases, social media posts, news stories, and through any other means that will spread the word.

Today’s unions are making incredible gains and raising workplace standards. For example, members of our union at the Center for American Progress recently won a new contract that raised starting salaries by 20 percent over three years, secured annual raises of between 22.5 percent, and codified junior staff’s right to be credited on research and policy publications that they work on. Union members at G/O Media ratified a new contract that raised the organization’s salary floor to $62,000, includes trans-inclusive healthcare and prevents forced relocation for remote staff. At NPR, union journalists won 20 weeks of paid parental leave, a hiring process that commits to interviewing more candidates from underrepresented groups, and regular pay equity reviews. The more folks outside of the labor movement know about these victories, the more they will want to learn more about forming a union in their own workplaces. 

Millennials and Gen Z are excited, energized, and winning new gains and a new sense of power at work. For the labor movement to continue to grow, we must learn from each other, continue implementing the strategies that are winning union organizing campaigns, and support new, young leaders. 

This blog originally appeared at In These Times on May 9, 2022. Reprinted with permission.

About the Authors: Katie Barrows and Ethan Miller are the President and Secretary-Treasurer of the Nonprofit Professional Employees Union, IFPTE Local 70, which is made up of the staff of 49 organizations in Washington, DC and across the country.


Share this post

We Need a Big National Strike Fund

Share this post

Hamilton Nolan - In These Times

More successful strikes help the entire labor movement. We should pay for them together.

On July 24, more than 600 Frito-Lay workers in Kansas who had been on strike for three weeks finally signed a new union contract. The contract, won at great personal cost for the striking factory workers, came with a modest 4 percent wage increase, and the right to at least one day off per week. 

It is absurd that these workers had to undertake a painful strike in order to win those things, and they deserve praise for being willing to fight so hard for their own rights. But after the congratulations, we should also be honest about another thing: The enormous amount of effort invested in the strike resulted in fairly paltry gains. This is sadly common, and it underscores the fact that employers often have a built-in advantage when their workers go on strike?—?namely, that low-wage workers can’t afford to go very long without getting paid. If the labor movement wants to take full advantage of the recent surge in worker militancy, it’s time that we build more than a piecemeal solution to this perpetual problem. 

The long decline in union density since the 1950s is well known, but the portion of workers who are union members is not the only way to measure the level of latent labor power in America. Strikes themselves are a meaningful metric as well. Having a lot of strikes happening shows that there are many strong, aggressive and confident unions at work. They also create a positive feedback mechanism for organized labor as a whole?—?strikes get attention, and successful strikes are a tangible demonstration of union power in action. Strikes keep unions in the news, and in the minds of the majority of working people who are not themselves union members. Every time someone sees striking workers win something, it may occur to them that unions have something to offer. In this way, strikes drive new organizing and the expansion of labor power nationwide. 

Data going back nearly 50 years shows strike activity in America peaking in 1974, when 1.8 million workers were involved in a work stoppage, and then fell steadily to a low of a mere 25,000 workers in 2017. In the past few years, however, strike activity has rebounded sharply, with more than 400,000 workers participating in 2018 and 2019. (In 2020, major strikes fell again, but that year of Covid-19 is hard to compare to previous ones.) 

The pandemic was a galvanizing event for the half or so of the working population who saw, in a very tangible way, that their lives are considered disposable. Right now, we can look across the country and see some of the upswells of worker anger that have burst forth into strikes: the nurses in Massachusetts, the miners in Alabama, the Spectrum workers in New York whose endless battle drags grimly on. These high profile strikes, to a large extent, define union power in the public mind. Winning them is important not just for the workers on the picket line, but for the entire labor movement. And, when strikes are very hard, their biggest vulnerability is the simple reality that workers on the picket line are not getting paid?—?the brutal economic calculus that ultimately defines how long and hard people can fight before they need to settle. 

Individual unions do have strike funds, but these are meager?—?often, union members can expect to get a few hundred bucks from a strike fund in the time they might have gotten a few thousand from work. Strike funds will always pay less than wages. (A little math can help demonstrate why: In Alabama, for example, 1,100 miners have been on strike for four months. If the United Mine Workers paid each of them even a thousand dollars a week, they would have already spent more than $50 million. To guarantee that rate of compensation for every strike would rapidly bankrupt most unions, and would create an incentive for unions to push hard against big strikes by members.) But the strength of the labor movement is about thinking collectively in the largest possible sense. If we want to encourage more big, high profile strikes that can carry on long enough to secure major gains, we have to have a big, national strike fund. 

To be perfectly clear, I’m not holding my breath for the creation of a centralized strike fund big enough to cover lost wages for anyone who goes on strike. The entities big enough to make those sorts of payouts are called ?“businesses.” What we can do is to build one central strike fund for the entire labor movement, that can jump in and boost the strike pay for workers engaged in strikes of major strategic value?—?and to issue hardship grants to striking workers with specific needs?—?so that those strikes can carry on long enough to be worthwhile. If the Frito-Lay workers in Kansas had had a little more money to carry them through, perhaps they could have won something better than, basically, the working conditions of a factory worker a century ago.

Every union could kick into a central strike fund that has the authority to bolster the benefits of workers engaged in strikes that have great importance for all of us. This is collective power in action. Once a fund like this is established, it can fundraise, to bring in private donations; it could also seek out government funds, the same way that unions should be doing for their new organizing efforts right now, while they have friends in Washington. (How to create new funding streams for organized labor is an exciting topic for another day.) The point is that a much larger pool of money can be put together collectively by the entire universe of unions and their political allies than can be compiled by any individual union. And that big pool of money can serve as a potent sort of insurance for workers who are considering a tough strike, but unsure of whether they can hold the line long enough. 

The labor movement would greatly benefit from a huge increase in big picture thinking. We do not want to just sit back and let things happen to us, and react as best we can. We want to have a plan and then make it a reality. We should not just want to wait for strikes to happen, then maybe throw a few bucks into a GoFundMe and hope for the best. We need to recognize some basic truths: More strikes are good for the growth of the labor movement as a whole. Each strike is a public test of union power. We all have an interest in making high profile strikes successful. And the strategic application of funding to help striking workers succeed benefits all of us by facilitating and encouraging the next strike, and the next organizing campaign, and a brighter future in which unions are strong and ubiquitous once again. 

Let’s get to work.

This blog originally appeared at In These Times on July 27, 2021. 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.


Share this post

The Leadership Struggle In One of California’s Most Powerful Unions Just Keeps Getting Weirder

Share this post

Hamilton Nolan - In These Times

Accusations of cheating, chicanery and violent retaliation dog the SEIU Local 1000 election. The consequences for labor are very real.

Even by the chaotic standards of the past year, the story of SEIU Local 1000 stands out for its bizarreness. One of the most politically powerful unions in California, representing nearly 100,000 state employees, announced last month that its longtime president, Yvonne Walker, had lost an election to a gadfly named Richard Louis Brown, who ran on a platform of ending the union’s (substantial) political donations, which made him an instant right-wing media darling. Now, the election is beset with allegations of misconduct and dangerous retaliation, while Brown positions himself as a truthteller under attack?—?but the union’s future has never been more uncertain. 

What we know for sure is this: Brown, an employee of the state treasurer’s office who had twice before run unsuccessfully for a leadership position, won the SEIU Local 1000 presidential election on May 24 with only 33% of the vote. Walker, who had led the union since 2008, received 27%, and three other challengers split the rest. Only 7,880 ballots were cast. Therefore the union’s entire approach to how it wields power for tens of thousands of members may be upended by about 500 votes. 

The drama was only beginning. Brown, it turned out, had publicly offered to pay the dues of members so that they could vote in the election. Though he says that no one took him up on it, the outcome of the election was challenged, and a ?“protest committee” inside the union will render a decision before the end of June. The makeup of that committee is controlled by Yvonne Walker, the person who lost to Brown, and who still has a couple of weeks left in office. Now, all sides of the election are simultaneously suspicious?—?some believing that Brown cheated, and others believing that Walker and her allies are conspiring to roll back Brown’s victory. Walker herself is not an uncontroversial leader. An essay in Strikewave last week by Jonah Paul, a rank and file member of SEIU 1000, characterized Walker as a ?“centrist, politically shrewd, and utterly tyrannical” president who used bureaucratic maneuvering to consolidate power in her own hands and systematically push out rivals, to the detriment of members and morale. 

Immediately after his election, Brown received a rash of media attention when he said that he would not offer the union’s backing to California Governor Gavin Newsom, who is facing a recall attempt. But the platform that Brown is planning to implement offers much more frightening promises for labor movement traditionalists. He vows to zero out spending on electoral politics, which would be a major blow to the California Democratic Party. And he says he will cut member dues in half, and allow members who do not pay dues at all (enabled by the 2018 Supreme Court Janus ruling, which allowed public employees to opt out of financial support for their unions) to vote in union elections?—?setting up the potential of both a dramatic drop in income for the union, and a political takeover by conservative, anti-union membership. Already, Brown’s election has been celebrated in the Wall Street JournalFox News, and by the Koch-funded anti-union Freedom Foundation, a good indication that he is already being held up by conservatives as that rare creature: A union president who is a hero of right wing, anti-labor institutions. 

But Brown, whose Trumpian tics include exclamation point-laden prose and ominous questions about vaccines, has more immediate concerns on his mind. In an interview on Monday, he said that on May 25, the day after his victory was announced, Sacramento police showed up at his house at 5 a.m., after an anonymous person called them with a report of a woman screaming. Brown, who lives alone, says he believes this incident was ?“retaliation against me for winning this election,” and was a serious threat to his safety. 

“If they swear me in, I’m going to go on national TV and give interviews to anybody that wants to know the truth about the corruption of this union that I belong to,” he said. ?“I have no confidence in my union at all. My life could have been taken from me… I’m concerned for my life. That’s what I’m concerned for right now.” 

The Sacramento Police Department confirmed that the call occurred: ?“On May 25, 2021 at approximately 5:02 a.m., the Sacramento Police Department responded to a reported call for service in the 3200 block of 43rd Street. The unidentified caller stated that they heard a possible disturbance inside of a residence on the street. Officers checked the residence and determined that there was no disturbance and the call appeared to be unfounded.” They added, however, that the false call appeared to be part of a pattern. ?“The department has also received at least two other calls of similar circumstances for other residences within this area, and on different streets. These calls have occurred over the last few weeks.”

“You know Breonna Taylor lost her life. And here I am, helping people… and I could have lost my life over this,” Brown said of the police incident. ?“Local 1000 needs to stop playing these games with me. The Sacramento Police Department needs to investigate who made that call against me.”

The police department said ?“These incidents have been documented in a report and the department has not identified any specific intended victims of these unfounded calls for service at this time. The department will continue to investigate any further incidents that occur to determine if there is a connection between them.” Yvonne Walker said in an interview that she did not know anything about the incident. (Brown and Walker are both Black.)

Discussing his platform, Brown called the requirement that only dues-payers vote in elections, which is standard procedure in most unions, a ?“poll tax,” and likened it to laws that oppressed Black voters in the past. He said his preference would be to see the end of exclusive representation?—?the requirement that unions represent everyone in a workplace whether they pay dues or not?—?but barring that, he would like to see non-payers be able to vote. Such a policy would allow union politics to be controlled, at least in part, by the people most hostile to the union. Brown said he has ?“no connection” to the Freedom Foundation or any other anti-labor group. 

“A union, when they can automatically control your wages and working conditions, they could care less about how you feel. And this is the case with Local 1000,” Brown said. Some members of the union are living paycheck to paycheck, and would be better served if the union stopped spending money on politics, slashed their dues, and built a strike fund to help it wield power via strike threats rather than political donations. ?“As long as our union spends more than 50 percent on politics, to the Democratic Party, they’re alienating half the union, and this is why they cannot raise their membership. And this is why I got elected.”

Such a policy would also have major implications for the most politically active national union in America. ?“We have to stop our political spending,” Brown says. ?“Does that mean we have to end our affiliation with SEIU? I would probably say yes.”

Opponents see this theory of how to gain power as, at best, naïve?—?particularly for a union of state employees. ?“It’s incredibly important [to be involved in politics], especially for public service workers. Our bosses are politicians,” said Yvonne Walker. ?“If we’re not having a voice in electing the people that share the same values that we do, that is a very grave mistake.”

Likewise, she said that Local 1000 would regret any decision not to support Gavin Newsom against the recall effort. ?“We have traveled this road before. We saw what happened after Gray Davis got recalled [in 2003],” she said. ?“We went through the loss of some things that people thought were just automatic. And they weren’t. And I would hate to see us in that place again.”

Walker said she was proud of accomplishments like putting the union on a sound financial footing, buying a headquarters building, expanding apprenticeship programs, and guiding the union through the aftermath of the 2008 recession. She rejected the criticisms raised in the Strikewave story, saying she would not have done anything differently during her time in office to increase union democracy or to further encourage more members to vote in elections. And she voiced hopes that whoever succeeds her will make strong efforts to lock in the newfound flexible work arrangements that employees have been able to try out during the pandemic. But, she said, she will not be around to lead those efforts, no matter what happens.

For now, the fate of nearly 100,000 union members faces a maddening level of unpredictability. Pending the outcome of the union’s election review, control could pass to Brown, who would lead the organization down a radical conservative path, or the election could be run again, adding even more uncertainty as to what the future would hold. The only certainty is that whatever happens, the losing factions will feel cheated and full of distrust. It is an ominous set of ingredients for decisions that will profoundly affect members, their families and the labor movement as a whole?—?not to mention the electoral politics of the nation’s most populous state.

The only person who seems to have achieved some level of peace is Yvonne Walker herself, who does not believe that Brown’s plans will ever come to fruition. ?“It’s easy to make pronouncements,” she said dismissively, ?“when you don’t know how things work.” 

This blog originally appeared at In These Times on June 15, 2021. 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.


Share this post

How Many Strikes Are There in the U.S.?

Share this post

Johnnie Kallas

How many strikes are there in the United States?

It’s a question with obvious importance to labor activists, yet there is no readily accessible answer.

The Bureau of Labor Statistics (BLS) releases an annual work stoppage summary in February reporting the number of strikes and lockouts over the prior year—but only those that involved at least 1,000 workers and lasted an entire shift. This is especially problematic because nearly 60 percent of all private sector workers are employed by companies with fewer than 1,000 employees. Even many of those who work at big firms are in bargaining units or workplaces with under 1,000 workers.

The BLS kept track of all work stoppages involving six workers or more and lasting at least a full shift until 1982, when cuts by the Reagan administration diminished resources for labor research and statistics.

According to BLS data, strikes increased significantly in 2018 and 2019—after a long decline—before returning to historic lows in 2020. But we cannot know for certain how accurate a picture this is, since the BLS excludes a sizable amount of strike activity by only capturing big strikes. Even the ongoing strike by the Massachusetts Nurses Association at St. Vincent Hospital in Worcester—owned by Tenet Healthcare, one of the country’s largest for-profit hospital chains—is left out of the BLS data, because the strike involves just 800 nurses.

NEW LABOR ACTION TRACKER

This gap in our understanding of strike activity is a serious limitation for our knowledge about the labor movement. To help fill this void, we have created the ILR Labor Action Tracker, housed at Cornell University’s School of Industrial and Labor Relations, to more accurately track strikes and labor protests across the U.S. (Unlike the BLS, we are not currently collecting data on lockouts, though we hope to add that data in the future.)

One important advance is that our tracker also includes labor protests, such as rallies and informational pickets. That means it includes the recent rally by 2,000 food delivery drivers in New York City demanding better pay and improved health and safety. It also includes a multi-city action by Tribune Publishing employees—who work for newspapers like the Chicago Tribune and Baltimore Sun—to prevent the sale of the company to a hedge fund.

Considering the vast legal and economic obstacles to striking, we believe it is important to capture these types of events to show the wide range of tactics used by U.S. workers in the 21st century. Users are able to search our interactive map for strikes and labor protests separately or both types of actions together.

We distinguish between strikes and labor protests based on whether a temporary stoppage of work occurred as part of the action. This definition of a strike is relatively inclusive, covering actions like wildcats and sickouts.

In some cases, such as the national days of action associated with the Fight for 15 campaign, it can be particularly difficult to determine whether the action should be labeled a strike or labor protest. But if we can convincingly demonstrate, based on the sources we cite, that a collective stoppage of work occurred as part of the protest, we will add that event to our tracker as a strike. Full information about our methodology, including how we add actions to our tracker and the other variables we capture, can be found here.

A DIFFERENT PICTURE

We began tracking strikes in late 2020, though our database is most reliable beginning in March 2021. We have discovered a much different reality of strike and protest activity in the United States than existing sources indicate.

We found that 28 strikes occurred during the month of April alone. That includes all strikes that began after January 1, 2021, and were still ongoing at some point in April. This stands in stark contrast to recent annual data from the BLS, which identified just seven major work stoppages in all of 2017, 20 in 2018, 25 in 2019, and eight in 2020. The BLS documented just six strikes in April; among the strikes it excluded were the aforementioned walkout by 800 Massachusetts nurses at St. Vincent Hospital, a strike for a first contract by 200 faculty members at the Oregon Institute of Technology, and a strike by 24 distribution workers fighting for a pay increase after a four-year wage freeze at N.H. Scheppers Distributing in Missouri, among many others.

While we know that more strikes are occurring than existing data would indicate, we recognize that strike activity today is nowhere near the levels seen in the mid-20th century. For example, the BLS identified an average of 821 work stoppages (both strikes and lockouts, involving six workers or more and lasting at least a full shift) for the month of April during the 1970s, before the Reagan administration’s cuts forced the agency to only capture major events. Additional research is needed to generate more rigorous and informative historical comparisons.

Workers face immense obstacles to organizing and striking that have only become more pronounced over the past few decades. We hope that our project will amplify the voices of striking and protesting workers, as well as draw attention to these obstacles.

We welcome any feedback on how to make this tool more useful for workers and the labor movement. Our project aims to democratize data and inform labor activists about labor actions in their communities. Going forward, we hope to more accurately capture labor protests and pinpoint the location of ongoing strikes based on the address of a major picket line, which should help local activists support striking workers.

We are aiming to be as comprehensive as possible (especially on strikes)—so if you notice that we are missing a strike or labor protest, please use the report button on our website or fill out this Google form.

This blog originally appeared at Labor Notes on May 26, 2021. Reprinted with permission.

About the authors: Johnnie Kallas, a former labor organizer, is a PhD student at Cornell University’s School of Industrial and Labor Relations and director of the ILR Labor Action Tracker. Eli Friedman is a professor and chair of the Department of International and Comparative Labor at the ILR School. He serves as faculty advisor of the Labor Action Tracker. Dana Trentalange, another former labor organizer, is a recent graduate student of the master’s program at the ILR School, and is the Labor Action Tracker’s coordinator and social media strategist.


Share this post

Comic Book Answers: Why Do Workers Need a New ‘Bill of Rights’?

Share this post

comic book developed by the North Carolina State AFL-CIO aims to answer the question of why we need a new “Bill of Rights” in this country to turn the tide of economic and societal forces back in favor of working people during the current pandemic and beyond.

The ‘Bill of Rights’ We Need Now More Than Ever

America’s labor movement continues to lead the response to the coronavirus pandemic and to fight for economic opportunity and social justice for all working people—including fighting for policies and principles that, had they been in place at the start of the current crisis, would have lessened the disruption to lives and livelihoods caused by COVID-19.

Back in 2017, at the national AFL-CIO convention in St. Louis, delegates passed Resolution 1: Workers’ Bill of Rights, which declares that all working people have the right to:

  • A good job with fair wages;
  • Quality health care;
  • A safe job;
  • Paid time off and flexible, predictable scheduling;
  • Freedom from discrimination;
  • To retire with dignity;
  • Education;
  • The freedom to join together; and
  • A voice in democracy.

With public approval of unions today near a 50-year high and with COVID-19 having exposed and even worsened preexisting and persistent structural racial and economic inequalities in the United States, now is the time for the labor movement to champion these essential rights and freedoms.

Introducing ‘The Workers’ Bill of Rights: A Comic Exploration’

In keeping with our commitment to promote the Workers’ Bill of Rights to a broad audience, we are thrilled to announce an exciting, new resource: The Workers’ Bill of Rights: A Comic Exploration, a comic book developed by the North Carolina State AFL-CIO.

The comic book, available in Spanish and English, both in print and online, comprises nine captivating and beautifully illustrated individual stories that explore the nine key components of the Workers’ Bill of Rights.

We must educate our members and the public on the need for a comprehensive bill of rights for all working people—Black, Brown and White; urban and rural—because we deserve better.

One job should be enough to make ends meet. Getting an education should not require mortgaging your future. No one should have to sacrifice their health or life to earn a paycheck.

Join us in this fight for better jobs and better lives for all working people!

Visit the comic book website to read The Workers’ Bill of Rights: A Comic Exploration.

Get involved by texting comic to 235246 to get your own digital copy of this publication or by emailing info@aflcionc.org to request a printed copy.

This post originally appeared at the North Carolina State AFL-CIO.

About the Author: North Carolina State AFL-CIO is the largest association of unions of working people in North Carolina, representing over a hundred thousand members, working together for good jobs, safe workplaces, workers’ rights, consumer protections, and quality public services on behalf of ALL working people.


Share this post

Service + Solidarity Spotlight: Labor Movement Fighting Anti-Asian Racism in All Forms

Share this post

Working people across the United States have stepped up to help out our friends, neighbors and communities during these trying times. In our regular Service + Solidarity Spotlight series, we’ll showcase one of these stories every day. Here’s today’s story.

Anti-Asian racism has skyrocketed during the COVID-19 pandemic. Working people condemn this vile behavior as a stain on our nation. We will continue to fight these injustices.

Asian Pacific American Labor Alliance National President Monica Thammarath (NEA) stated, “It is not right that Asian Americans are afraid to be alone in public, especially our elders who live in poverty and depend on access to community services, and our young people who live in places where there are few community spaces to turn to. We grieve for the elders who have been assaulted in Chinatowns across the nation. We grieve for Vicha Ratanapakdee, an 84-year-old Thai man who was attacked on one of his daily walks in San Francisco. We send our love to Noel Quintana, a 61-year-old Filipino American who was attacked on a Manhattan subway car, and to the 52-year-old Chinese American woman who was attacked outside of a Flushing bakery. We grieve for Christian Hall, a Chinese American teenager who was murdered by the Pennsylvania State Police. We grieve for Angelo Quinto, a 30-year-old Filipino American who was murdered by Antioch, California, police. Our communities are hurting, and we are more agitated than ever to create change.”

“The entire labor movement is appalled by the continued rise in anti-Asian racism across the country. Acts of physical violence, yelling of racial slurs and intimidation tactics used against our Asian American friends, family and communities must be called out and stopped,” said AFL-CIO President Richard Trumka (UMWA). “Anti-Asian rhetoric is only hurting our nation more during this pandemic, and we all must stand up and condemn in the strongest terms possible that racism in any form is unacceptable.”

“Racism in any form is wrong. Plain and simple. I have been so incensed to see the attacks on our Asian brothers and sisters that I could just scream,” said Clayola Brown (Workers United), AFL-CIO civil rights director and A. Philip Randolph Institute president. “For those of us of color who have endured systemic racism for 400 years, it is scary to see this unrelenting targeting and denigration happening to another group. The kind of ugliness we’ve seen happening to members of the Asian community as they simply go to the store or gather in a park to visit is disgusting and must be stopped. To watch elderly people come under attack and no one come to their aid shows we still have so much more work to do. Humanity must prevail. As Martin Luther King Jr. said, ‘The time is always right to do what is right.’ We must all take responsibility to make sure that no one is targeted, tormented or harassed because of their ethnicity. Until we learn that lesson, we all pay the price for racism.”

This blog originally appeared at AFL-CIO on March 8, 2021. Reprinted with permission.

About the Author: Kenneth Quinnell  is a long-time blogger, campaign staffer and political activist whose writings have appeared on AFL-CIO, Daily Kos, Alternet, the Guardian Online, Media Matters for America, Think Progress, Campaign for America’s Future and elsewhere.


Share this post

The Labor Movement Hasn’t Won Anything Yet

Share this post

It looks very like­ly that Democ­rats will win con­trol of the Sen­ate. That means that for the first time in more than a decade, the Democ­rats will con­trol both the White House and Con­gress. The labor move­ment will and should view this as the time to col­lect on their hefty invest­ment in the Demo­c­ra­t­ic Par­ty. This also means that the labor unions are in mor­tal dan­ger of squan­der­ing the next two years trans­fixed by devel­op­ments in Wash­ing­ton while the real action pass­es them by.

On this hope­ful morn­ing, we should all take a moment to remem­ber the glo­ri­ous days of 2009, when Oba­ma won the pres­i­den­cy, and Democ­rats won Con­gress, and the labor move­ment won… noth­ing. In the cold light of his­to­ry, the enor­mous finan­cial and logis­ti­cal back­ing that major unions gave to Oba­ma won them only a short term reprieve from bla­tant gov­ern­ment repres­sion rather than any real progress towards a revival of labor pow­er in Amer­i­ca. It did not win them the pas­sage of the Employ­ee Free Choice Act, their top leg­isla­tive pri­or­i­ty. Union den­si­ty in Amer­i­ca was 12.3% in 2009. By 2016, after two Oba­ma terms, it was 10.7%. By 2020, it was 10.3%. (In the mid-1950s, it was 35%. By the ear­ly 1980s, it was 20%.) Under both friend­ly and hos­tile pres­i­den­tial admin­is­tra­tions, union mem­ber­ship has con­tin­ued to decline for decades. Col­lect­ing hun­dreds of mil­lions of dol­lars from union mem­bers and fun­nel­ing it into the Demo­c­ra­t­ic Par­ty every four years has done noth­ing to solve the most press­ing prob­lems that unions face: they are slow­ly disappearing. 

And here we are again! Unions backed Biden strong­ly, vow­ing to keep the bit­ter lessons of the Oba­ma admin­is­tra­tion in mind. Raphael Warnock and Jon Ossoff, the Democ­rats who appear to have won in the Geor­gia Sen­ate races, both ben­e­fit­ed from a flood of on-the-ground sup­port from Unite Hereand oth­er unions. The 2021 ana­log to the Oba­ma-era Employ­ee Free Choice Act is the PRO Act, a very fine bill that would roll back the worst parts of America’s anti-work­er labor laws and make it mean­ing­ful­ly eas­i­er to build and sus­tain strong unions. We have won the White house. We have won the House. We have won the Sen­ate. And we have our top pri­or­i­ty bill in hand. 

So will the PRO Act become law? No. It will be fil­i­bus­tered in the Sen­ate. In order to pass it, Democ­rats would have to com­mit to doing away with the fil­i­buster, and Joe Manchin?—?now the key­stone of the Sen­ate?—?has said he will not do that. The Demo­c­ra­t­ic Sen­ate vic­to­ry means that Biden will be able to get his judges, and he’ll be able to get his cab­i­net sec­re­taries con­firmed, and as a con­se­quence the reg­u­la­to­ry appa­ra­tus of the fed­er­al gov­ern­ment will be more favor­able towards the inter­ests of work­ers than it would oth­er­wise have been. But ulti­mate­ly none of the juici­est reforms of the PRO Act, like elim­i­nat­ing ?“right to work” laws and legal­iz­ing sec­ondary boy­cotts, will come to pass. 

Of course it is good for orga­nized labor that the Democ­rats won. I’m not try­ing to be a down­er. I am try­ing to put the util­i­ty of the nation­al Demo­c­ra­t­ic Par­ty in its prop­er con­text. For the labor move­ment, most of the invest­ment in Democ­rats amounts to an insur­ance pol­i­cy: We have to back Democ­rats because even if they don’t do any­thing for us, they are not active­ly try­ing to destroy us. Total Demo­c­ra­t­ic con­trol of the fed­er­al gov­ern­ment amounts to noth­ing but a tem­porar­i­ly neu­tral play­ing field for labor. It does not get us any­thing. It just makes con­di­tions some­what more con­ducive to get­ting things for our­selves. That is the part that often gets for­got­ten, as unions sit back and con­grat­u­late them­selves after Elec­tion Day. The myopic focus of the labor estab­lish­ment on nation­al pol­i­tics is like spend­ing all of your mon­ey on home insur­ance and hav­ing noth­ing left over to actu­al­ly build a house. 

Pol­i­tics fol­lows move­ments. Not vice ver­sa. We drag elect­ed offi­cials along after we have made the demand for change so strong it can’t be ignored. The labor move­ment in Amer­i­ca is weak because not enough Amer­i­cans are part of the labor move­ment. You can’t fight cap­i­tal­ism when only ten per­cent of the peo­ple are on your team. The labor move­ment must grow. If it can’t grow with­in the hos­tile forms dic­tat­ed by cur­rent law, it must grow out­side of those forms. 

Union lead­ers can wake up today and bask in the knowl­edge that they got their vic­to­ry. They should also mar­i­nate in the knowl­edge that this vic­to­ry will not buy them a sin­gle new union mem­ber. Polit­i­cal dona­tions are a pro­tec­tion rack­et for unions. On the oth­er hand, mon­ey spent on orga­niz­ing is nev­er wast­ed. If we spend the next two years hyp­no­tized by Con­gress and the PRO Act and get­ting ready for the next midterms, two years will pass, and union den­si­ty will con­tin­ue to decline, and we will be weak­er than we are today. We should instead look out towards the 90% of work­ing peo­ple who do not have a union, and ask: How do we get them one? 

We will be told today that we won in Geor­gia. The state of Geor­gia ranks 47thout of 50 in union den­si­ty. Bare­ly four per­cent of work­ers there are union mem­bers. What has the labor move­ment actu­al­ly won for the peo­ple there? How much will their lives be changed in the next two years?

The elec­tion is over. Fall out of love with pol­i­tics, and fall in love with orga­niz­ing. Please. 

This blog originally appeared at In These Times on January 6, 2021. 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.


Share this post

Stiffing Corporate Lobbyists; Short-Time Work Salvation; Nurses on the Line

Share this post

It’s the permanent government—the corporate lobbyists who have friends in both parties. It is at the heart of why we don’t have Medicare for All, why the Pentagon is rolling in dough and why banks and Wall Street rip us off. Jeff Hauser, the executive director of the Revolving Door Project, talks about what the strategy looks like to limit the influence of the corporate elites in a possible Biden Administration.

The pandemic has ripped through the world, killing and sickening millions. But, if you look at the economic hits people have taken, the pandemic has exposed the complete and utter failure of the system in the U.S. to make sure people can hang on. Both Europe and the U.S. had to shut down their economies and both took hits in output—but why has the unemployment rate been so much lower in Europe in the first half of the year than the U.S.? Maria Figueroa, the Director of Labor and Policy Research at the Industrial and Labor Relations School at Cornell University, explains how “short time work” made the difference.

It’s fairly obvious that Trump has the blood of thousands of Americans on his hands for his absolute narcissistic bungling and incompetent handling of the pandemic. Tens of thousands of people, especially front-line workers like nurses, got sick at work because this administration let corporate shills, who don’t care about workers, run the Occupational Safety and Health Administration.

Which brings me to the Oregon Health and Science University, a massive sprawling operation which in 2019 had $3.2 billion in revenues. OHSU is taking a page from Jeff Bezos when it comes to stiffing nurses who are seeking a fair wage and leaving nurses at great risk by refusing to commit to fully providing for a safe workplace during the pandemic. We get the lowdown from Terri Niles, an ICU Nurse at OHSU and a vice president at the 2,900-member Local 52 of the Oregon Nurses Association.

(If you want my final election analysis and predictions for next week, check out my Working Life website and read it all there).

This blog originally appeared at Working Life on October 28, 2020. Reprinted with Permission.

About the Author: Jonathan Tasini is a political / organizing / economic strategist and the author/editor of Working Life.


Share this post

Subscribe For Updates

Sign Up:

* indicates required

Recent Posts

Forbes Best of the Web, Summer 2004
A Forbes "Best of the Web" Blog

Archives

  • Tracking image for JustAnswer widget
  • Find an Employment Lawyer

  • Support Workplace Fairness

 
 

Find an Employment Attorney

The Workplace Fairness Attorney Directory features lawyers from across the United States who primarily represent workers in employment cases. Please note that Workplace Fairness does not operate a lawyer referral service and does not provide legal advice, and that Workplace Fairness is not responsible for any advice that you receive from anyone, attorney or non-attorney, you may contact from this site.