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Joe Biden Says He Stands With Unions. This Is His Moment to Prove It.

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Mark Dudzic on Single Payer

The longest national nurses strike in over a decade could also be a “watershed moment” for Medicare for All.

Speaking on the recent National Solidarity Call in support of striking nurses at St. Vincent’s Hospital in Worcester, Massachusetts, Our Revolution leader Joseph Geevarghese characterized the situation as ?“Biden’s PATCO Moment.” The call was convened by the Labor Campaign for Single Payer to help mobilize national support for the 800 nurses at the Tenet Healthcare-owned hospital who are now engaged in the longest nurses strike nationally in over a decade. Tenet has spent more than $75 million to date to prolong the strike. A fraction of those funds could have easily met the nurses demands for the staffing improvements that are the sole issue driving the strike.

Now Tenet is threatening to permanently replace the striking nurses who are represented by the Massachusetts Nurses Association (MNA). This action, by a notorious healthcare profiteer (Tenet leveraged federal bailout funds intended to provide urgent relief to employees and patients to triple its profits at the height of the pandemic last summer), has transformed a hard fought strike battle into a red line issue for the entire labor movement.

For those of us old enough to remember, it evokes the rampage of union busting that followed the Reagan Administration’s mass firing of striking air traffic controllers in the notorious PATCO strike of 1981.

Busting the air traffic controllers’ union sent a signal to employers everywhere that it was acceptable for management to break strikes and bust unions. In quick order, striking workers from copper miners in Arizona to newspaper workers in Detroit found themselves permanently replaced. Even more significantly, it changed the balance of power in labor/?management relations as labor’s most powerful weapon was neutralized. This ushered in a devastating period of concessionary bargaining whose consequences are still being felt today.

Reagan’s decision to fire the striking PATCO members was not some isolated act of pique by an outraged president. In fact, his administration jumped at the opportunity to give teeth to its explicit policy to weaken and undermine the considerable power of the U.S. labor movement. And it was very successful.

The U.S. labor movement was slow to respond to this provocation. Both of us can remember standing on the National Mall on Solidarity Day in 1981 with half a million other union workers. It had taken the AFL-CIO more than six weeks after the initial firings to call the rally and they chose to hold it on a Saturday when Washington was shut down tight for the weekend. As we dozed in the sun listening to endless speeches, we could see the planes taking off and landing unimpeded just across the Potomac at National Airport. What should have been a forceful exhibition of labor power had been turned into a demonstration of our impotence. Like many others who were there that day, we vowed to never let another PATCO moment go unchallenged.

Tenet is a key player in a major strategic sector of the economy. If it is able to make the threat of permanent replacement an acceptable management tool in healthcare bargaining, it will weaken the entire labor movement for decades to come.

That’s why the Labor Campaign for Single Payer and other labor groups are stepping up to support the nurses and their union. They will be joining the MNA at a rally on July 7 in front of Tenet Headquarters in Dallas. They are also circulating a petition urging members of Congress to join Reps. Katie Porter (D?—?Calif.) and Rosa DeLaura (D?—?Conn.) in requesting an investigation into the use of taxpayer-financed Covid-19 relief funds by Tenet and other large hospital systems.

This strike could be a watershed moment for the Medicare for All movement by exposing the corrupt and anti-worker underpinnings of our for-profit healthcare system. ?“The simple fact is that, if we had Medicare for All, we wouldn’t even be in this fight,” said LCSP National Coordinator Rhiannon Duryea. ?“Nurse-to-patient ratios would be set by law, ensuring safe and effective staffing ratios across the country that protect nurses, patients, and the community. Hospitals would not be able to exploit nurses and patients to line shareholder pockets.”

This strike could also be a watershed moment for the Biden administration. Ronald Reagan reversed a 40-year policy to promote the right of workers to organize and to bargain collectively. Before Reagan, corporations feared using the permanent replacement option because the federal government had made it clear that it would not tolerate such brutal behavior in the course of labor relations. After Reagan, it was open season on workers and their unions. Inequality skyrocketed as wealth was massively redistributed upward.

President Biden, to his credit, has vowed to reverse these trends. He has made a number of statements explicitly supporting worker rights and has appointed a number of pro-union advocates to key policy positions.

This is his chance to send a message to Tenet and corporate America that there’s a new sheriff in town. We need to challenge the Biden administration to put its money where its mouth is and to intervene forcefully in this conflict. The president must make it clear that permanently replacing lawful strikers is contrary to the policy of the U.S. government.

Tenet is not alone in trying to pull the rug out from under an upsurge in labor militancy. There are a number of current and pending labor battles where management is engaging in overt union busting, including months-long strikes by coal miners in Alabama and steelworkers employed by Allegheny Industries as well as a nasty lockout of refinery workers at a giant Exxon/?Mobil facility in Beaumont, Texas.

You can be sure that employers everywhere are watching how the Biden Administration reacts to these crises. As Our Revolution’s Geevarghese told the participants on the Solidarity Call, ?“This strike creates the opportunity for President Biden to undo what President Reagan did.” It’s an opportunity that should not be squandered. 

This story was first posted at Common Dreams.

This blog originally appeared at In These Times on July 6, 2021. Reprinted with permission.

About the Author: Mark Dudzic is National Coordinator of the Labor Campaign for Single Payer.


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This Lawyer Helped Reagan Bust the Air Traffic Controllers Union. Now Trump Wants Him on the NLRB.

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Former President Ronald Reagan had a long history of clashing with organized labor, but his most infamous moment came in 1981, when he busted the Professional Air Traffic Controllers Organization (PATCO) and fired more than 11,300 air traffic controllers who were on strike. This act weakened the power of U.S. unions and set the stage for an all-out assault on organizing rights.

Thirty-six years later, Reagan’s lead attorney in the air traffic controllers case is poised to make decisions about thousands of unfair labor practices throughout the country.

As anticipated, President Donald Trump has nominated the management-side labor attorney Peter Robb, of Downs Rachlin Martin in Vermont, to serve as general counsel for the National Labor Relations Board (NLRB). This is a four-year position, and the individual who holds it is responsible for investigating unfair labor practices. Obama administration general counsel Richard Griffin’s term expires this November and, if confirmed, Robb would take over the position.

In 1981, Robb filed unfair labor practice charges against PATCO on behalf of the Federal Labor Relations Authority (FLRA) after a court ruled that the air traffic controllers’ strike was illegal. The FLRA case led to the decertification of PATCO, and Reagan subsequently banned most striking workers from federal service for their rest of their lives.

Reagan’s move set a new precedent for employers, emboldening them to attack labor more openly. In an interview with The Real News Networkfrom 2014, Joseph McCartin, Georgetown history professor and author of Collision Course: Ronald Reagan, the Air Traffic Controllers, and the Strike that Changed Americaexplained the long-term impact. “When Ronald Reagan replaced the air traffic controllers [in] 1981, it was still not common for American employers in the private sector to deal with strikes by trying to break them and by permanently replacing workers who’d gone out on strike,” said McCartin, “Employers saw that Reagan was able to do this and, in effect, get away with it. Many private-sector employers took a similarly hard line when workers went out on strike in the private sector.”

Robb’s connections to union busting certainly don’t end with the landmark PATCO case. In 2014, he was hired by the Dominion Nuclear power plant when the International Brotherhood of Electrical Workers (IBEW) began organizing workers. The Downs Rachlin Martin website contains a blurb boasting that Robb “represented a major national corporation in a National Labor Relations Board representation case proceeding, which had 34-days of hearing over 3 months to resolve 80 contested classifications covering hundreds of employees.”

In an interview this September, John Fernandes, a business manager for IBEW Local 457, told Bloomberg BNA that Robb represented used “scorched earth” tactics to thwart the organizing efforts. Fernandes says the plant added workers to the proposed unit in order to water down the union vote and sent videos of managers explaining the dangers of unionizing to the homes of employees. Ultimately, the plant was able to add more than 150 workers to the original petition and defeat the organizing drive.

“[Robb] handled most of the direct examinations, and his witnesses were well-schooled in advance—he’d ask one question and they’d go on forever,” Fernandes told Bloomberg BNA. “I was at a disadvantage, not being an attorney, but [the legal fees] would’ve been overwhelming for our local to pay … we certainly viewed it as union busting—it was a very long case.”

Robb also has previous connections to the NLRB. He worked as an NLRB field attorney in Baltimore during the late 1970s. He returned to the agency in 1982 as a staff lawyer and chief counsel for former member Robert Hunter. As a Republican, Hunter was an important ally to then-Chairman Donald Dotson, a staunchly anti-union member. In 1985, Rep. Barney Frank (D-Mass.) told The Washington Post that Hunter had been the, “most loyal supporter of Donald Dotson in the transformation of the NLRB into a fundamentally anti-union entity.”

More recently, Robb’s firm harshly criticized the Obama-era NLRB, as captured in a slideshow compiled by Robb and Downs Rachlin attorney Timothy Copeland Jr. The presentation took aim at some of the pro-labor positions made by the NLRB under the previous administration. “The [Democratic] NLRB majority continues to narrowly define NLRB supervisory status, sometimes defying all common sense,” one slide reads. New Republican members are “likely to agree that the Obama board went too far,” the slideshow explained.

One of the decisions that Robb objects to is a 2014 rule that cuts back the amount of time between the filing of a unionization petition and the union vote to 11 days. The GOP has been attempting to extend the number of days to at least 35. This move would give businesses more time to construct a plan to stomp out union activity, like the aforementioned Dominion Nuclear strategy.

“The NLRB has made it clear that the intent of the new regulations is to run an election as quickly as possible which, of course, will give the employer the shortest period of time to respond to a union election petition,” Robb and three other Downs Rachlin lawyers wrote in a 2015 advisory.

The Trump administration has already quietly laid the groundwork for the NLRB to emerge as a much more business-friendly entity. This reality was underscored in August, when Labor Secretary Alexander Acosta announced that Ronald Reagan would be inducted into the department’s hall of fame. Trump’s previous NLRB nominees all have connections to union-busting, and the expected nomination of Robb would effectively make the NLRB—responsible for enforcing labor law—an anti-labor agency.

This article was originally published at In These Times on September 21, 2017. Reprinted with permission.

About the Author: Michael Arria covers labor and social movements. Follow him on Twitter: @michaelarria


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