Labor Law Reform - Widener University

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Outline
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Labor & Politics
 Democratic Class Struggle
 To party or not…
AFL, CIO
 Why the ‘rules of the game” matter
AFL-CIO COPE
Labor Politics Today
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Returns
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News of this class
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Capitalist economy…but within a
Democracy
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Capitalism
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“capital and economic resources form the basis of
power, and such resources tend to be more or less
unequally distributed among social classes and interest
groups” (Korpi 1989: 312 not assigned)
Democratic Politics

“…the principal power resources are the right to vote
and the right to organize collective action.”

These rights are tied to citizenship and are equally
distributed
Labor & Politics…
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Unions develop a political strategy to address
concerns of workers as employees and as citizens
As Employees

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Unemployment insurance, disability, prevailing wage laws,
safety regulations, maximum hours, minimum wage, right to
organize, etc.
As Citizens
Affordable housing, access to health care, public schools,
social security, etc.
 See next slide and quote form the CIO

More than just bread & butter…

…workers and Labor Union members have many
problems affecting their lives in addition to wages, hours
and working conditions, and related matters involving the
employer. These are the wide range of the citizen in the
community. The CIO Council becomes the voice of the
Labor movement about housing, public and personal
health, child care, education, public and private welfare,
city and community planning, recreating, and a large
number of things which are the concern of the worker as
citizen where he lives.

Ted Silvey, CIO Leader, 1948
Labor & Politics…
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Logic of “organizing politics” is similar to the logic of
“organizing labor”
Individual working class voters, like individual workers, have
little power
Individual workers improved their lives by uniting to form
unions
Question becomes, can unions improve the lives of their
members by supporting parties committed to uniting
individual working class voters behind a common program?
A Labor Party?

Most unions around planet said “Of course” and engage in a
Democratic Class Struggle
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Democracy is a game of numbers
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strategy aimed at advancing the interests of the working class
through electoral activity and government policy.
Working class keeps growing
A “no brainer”…just do the math
Unions around the planet form their own labo,r socialist, or
social democratic parties

And a lot of people voted for them…
Vote Percentage for Labor, Socialist or
Social Democratic Parties
Austria
France
Germany
Norway
Britain
Sweden
1917-1943
40.5
30.8
36.4
36.3
31.8
47.3
1944-1978
48.2
43.3
38.1
50.5
44.7
51.2
Labor Governments

Democratic Class Struggle
 strategy aimed at advancing the interests of the working
class through electoral activity and government policy.

Democratically elected socialist parties now govern around the world

Expand welfare state and push decommodification of life

Free health care, free child care, free college, old age pensions etc.
American Exceptionalism


“American workers in the 19th century engaged in economic
conflicts with their employers as fierce as any known to the
industrial world; yet in their political behavior they consistently
failed to exhibit a class consciousness. Why was militancy in the
factory so rarely translated into the politics of class?- David
Montgomery, Yale University
Unlike unions around the planet, unions in the US did not form
their own successful labor party.

Referred to as “American Exceptionalism”

Raises interesting questions as to why?
Explaining American Exceptionalism

Early suffrage for white men

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Allegiance to other parties before unions formed
Divided Working Class
Native vs. Immigrant
 Black vs. White
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Ideology of Individualism
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Firmly entrenched two party system
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I believe this is the key one…more in a moment…
AFL & Political Action
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AFL President Samuel Gompers argued against forming a labor
party
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Too divisive

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Laws that were passed often overturned by courts

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Right to vote preceded unionization…so worker have pre-existing loyalties
Politics seemed futile
Unions should focus Concentrate on Collective Bargaining &
Business Unionism

Voluntarism

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opposition to government relief and welfare legislation and stressing the need for workers to
depend on their own economic strength (Zieger 2002:62)
If do politics…practice a pragmatic politics

“Reward your friends and punish your enemies”
American Exceptionalism

National AFL limited political action and said no to
building its own political party
“…party politics whether democratic, republican,
socialistic, prohibition or any other, should have no place
in the convention of the AFL.”
AFL resolution, 1895
City Central Labor Councils Often Made Different
Political Choices

Union support for labor and socialist parties was widespread

These parties were often very successful

By 1912 the American Socialist Party had elected 1,200 local officials

Mayors or Other Major Municipal Officers
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New York City
Birmingham, Alabama
Winslow, Arkansas
Coeur d’Alene, Idaho
Flint, Michigan
Minneapolis, Minnesota
Rockaway, NJ
Schenectady, NY
Milwaukee, WI
State Level Labor/Socialist Party Success…
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California
Idaho
Illinois
Kansas
Massachusetts
Minnesota
Montana
Nevada
New Mexico
New York
North Dakota
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Oklahoma
Pennsylvania
Rhode Island
Utah
Vermont
Washington
Wisconsin
But Almost No National Success…
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
A Congressman here and there (NY, WI)…but no real national
presence in Congress?
Interesting, given that the vote share of the American labor
and socialist parties was similar to that won by the British
Labor Party during the early 20th century
…
(Mark 1989)
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Interesting Puzzle… Why do Labor Parties become major
parties in Europe...while Labor Parties in the US have some
success, but then wither away..
Must consider how the Rules of Political Competition work
against minor parties in the US…let’s explore…
American Exceptionalism & The Political
System
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Single Member Winner Take All Districts
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If the vote in Congressional District #1 was:
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“First past the post”
40% Republican Party
38% Democratic Party
22% Labor Party
Who goes to Congress?
Republican
“American Exceptionalism”

If the vote in every Congressional District in America
was the same as the one on the last slide:

40% Republican Party
38% Democratic Party
22% Labor Party
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What is the make-up of Congress?
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“American Exceptionalism”
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Republicans receive 100% of the seats in Congress,
despite the fact that they only received 40% of the
vote
Preferences of 60% of the electorate would not be
represented in the government
Strange System…few other countries have these rules

Post Communist regimes (Russia, Poland, Hungary etc) opt for
different model…Iraq and Afghanistan create different
model
European Labor Politics

In a Proportional Representation system:
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40% Republican Party
38% Democratic Party
22% Labor Party
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What would the make up of Congress be?

Proportionate to vote…
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40% Republican
38% Democrat
22% Labor Party
More opinions represented in government…
 Labor party would be minority…but would have power
“Choices”
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Single Member Winner Take All
Rules…
If in the last election, the vote in
every Congressional District in
America was
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Proportional Representation Rules
If in the last election, the vote in
every Congressional District in
America was
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40% Republican Party
38% Democratic Party
22% Labor Party
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Your party received 0 seats, and the
party most hostile to unions won 100%
of the seats
If you’re a union leader …where
do you put your political capacity
in the next election?

40% Republican Party
38% Democratic Party
22% Labor Party
Your party received 22% of the
seats, and ruled in coalition with
the Democrats
If you’re a union leader …where
do you put your political
capacity in the next election?
Labor and the Democrats

SMWTA system results in 2 party system
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“Monopoly of the Opposition”

Backers of third party faces tough choice
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Mount symbolic campaigns based on principle
Stay out of politics
Back the party closest to her ideas
Logic Has Led Unions to Ally With Party that is Least
Hostile To The Labor Movement…the Democrats
A Wrinkle worth watching…
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Working Families Party
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Political Party in New York State founded by UAW, Teamsters, Laborers,
Communication Workers and community groups
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Why would they choose to create a third party in NY?
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30% of budget comes from unions
Some states have laws that change the logic of the SMWTA districts…called
“Fusion”
Fusion
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“electoral support of a single set of candidates by two or more parties.”
(Argesinger)

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Widespread in US during 19th century, but then outlawed in most states
Powerful American Labor Party in NY during 1940s
Unions in NY: 2010
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Working Families Party
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Political Party in New York State founded by UAW, Teamsters, Laborers,
Communication Workers and community groups

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30% of budget comes from unions
“In the State Comptroller race, Democratic/Working Families
candidate Tom DiNapoli beat Republican Harry Wilson by
roughly 100,000 votes.
Since DiNapoli received well over 140,000 of his votes on the
Working Families Party line, he would not have won without the
support of WFP voters.”
http://www.workingfamiliesparty.org/
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How does this give labor more power?
Fusion
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Fusion makes the union vote visible
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It doesn’t got swallowed/lost in the overall Democratic tallly
Unions have a credible threat of exit…better pay
attention to our interests and demands or we’ll take our
4% elsewhere
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If it is a local race in an area where unions are strong,
they might run their own candidate
Fusion is Not the Norm
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1955: AFL and CIO merge to form the AFL-CIO
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Political Strategy:
 “…policy
of supporting worthy candidates regardless…of
party affiliation…We seek neither to capture any
organization nor will we submit our identity to any group
in any manner.”
 AFL-CIO,
1955
Labor as an Interest Group
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Lacking its own party, organized labor becomes an interest group

an organization that attempts to influence elected officials to consider their aims when deciding
on legislation.

Unions Advance their Political Interests via PACs and COPEs

Political Action Committee
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organized for the purpose of raising & spending money to elect & defeat
candidates.
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Union members must authorize that money be taken from their paycheck for the PAC
Committee on Political Education (COPE)
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Coordinates Political Lobbying, Coordinates Registration, Education, Get out the Vote
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Unions can use dues money for these purposes
Regulating Union Politics

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Supreme Court (CWA v. Beck, 1988) allows union
members to opt out of funding political activities by
requesting a refund of the portion of their dues used for
such purposes
Republicans Have Fought for “Paycheck Protection”
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At present, workers must opt out…
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Paycheck protection would reverse it so workers had to opt in…

Unions point out that that stockholders are not required to
authorize corporate lobbying and political action
Interest Groups Compared: 2010
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Business-Labor Split in PAC & Individual Donations to Candidates & Parties
“The broadest classification of political donors separates them into business,
labor, or ideological interests. Whatever slice you look at, business interests
dominate, with an overall advantage over organized labor of about 15-to-1.
Even among PACs - the favored means of delivering funds by labor unions business has a more than 3-to-1 fundraising advantage. In soft money, the ratio is
nearly 17-to-1.”
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Center For Responsive Politics: Campaign Contributions, 2010
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Lobbying Expenditures Compare
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Top Sectors
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Top Spenders
Democratic Party Contributions
Labor Usually Outgunned
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Research Finds Even More So on its Own Issues
1976 Labor Law Reform: Democratic Prez, Democratic House and
Senate
 Faster elections; $ penalties for refusal to bargain, stronger penalties
for ULP
2009 EFCA Labor Law Reform Democratic Prez, Democratic House and
Senate
What happened?
 Massive employer offensive
 Senate Filibuster kills bill

Handful of Democratic Senators align with Republicans
Doing Labor Politics…COPE
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Unions forbidden from giving union dues to political
candidates
$ Raised via voluntary contributions to PAC (Political
Action Committee)
Monetarily, can not compete with corporate America
1. Why does Chaison suggest candidates seek union
endorsements?
Doing Labor Politics…COPE
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Unions forbidden from giving union dues to political
candidates
$ Raised via voluntary contributions to PAC (Political
Action Committee)
Monetarily, can not compete with corporate America
Labor counters money with “in-kind” donation of
materials & “people power”

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2. Chaison describes union members as “foot
soldiers” of the Democratic Party. What does he
mean by this? Please provide at least one concrete
example of things (besides voting) that union
members do for the party.
AFL-CIO Political Action

Since 1995, well over $100 million spent by AFL-CIO on
improving labor’s political operation

Advertising and Mailings
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New emphasis on creating local political machines &“Member
to Member Outreach”
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Phone Banking
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Home Visits
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Workplace Visits
Grass Roots Capacity
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New Voices: Build Grass Roots Capacity
“…revolutionary notion of the new labor movement
politics is that we are going to talk to our members.
What we find is that miraculously when we talk to
our members, they vote our way”
 Steven
Rosenthal, AFL-CIO Political Director
Labor’s Problem…

The AFL-CIO’s “40-40-40 Problem”
 40%
of union members are not registered
 40%
are registered but won’t vote
 40%
of union voters will vote Republican
Eimer on Politics
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3. Eimer suggests that organized labor has decided
to change the content or substance of its political
outreach. Briefly explain how labor has altered the
type of political information it provides to
members.
Changing Strategy…
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From Marching Orders to Issues
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Members are intelligent
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Provide quality information
Voting Records
 Issue Comparisons
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Trust that member will do the right thing
Eimer and Politics
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6. Eimer suggests that the labor movement has
altered the “way it delivers information to its
members.” Briefly summarize the changes that
labor has made.
Process Continues…
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“In what the federation claims was the “largest
mobilization in history,” 225,000 union members
volunteered to staff phone banks, distribute literature,
knock on doors, and engage in the otherwise
unglamorous work of electoral mobilization. By
election night, more than 90 percent of union
members reported receiving information from their
unions. In the end, this outreach helped deliver 61
percent of the labor vote to Kerry. Not bad,
considering that only 48 percent of the general public
voted that way.”

Eimer, 2005
Long Term Project…

“This is a building process, and there is no going
back. You win some and you lose some, but the
bottom line is that you are moving the ball down the
field a little at the time”
 Steven

Rosenthal, AFL-CIO Political Director, 1999
So 10 years later has there been improvement?
53% of General Public Voted for Obama but 60% of Union
members Did: But no change in the 60/40 “problem”
2010 Congressional Races
Future
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Political Reaction of Public Sector Unions to Continued
Attempts to Roll Back Rights and Benefits
 WI
On
Recall Elections as Interesting Thing to Keep an Eye
Future

Political Reaction of Public Sector Unions to
Continued Attempts to Roll Back Rights and Benefits
 WI
Recall Elections as Interesting Thing to Keep an Eye
On
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Lobbying Efforts Geared Toward Labor Law Reform
 EFCA

etc.
2012 Presidential and Congressional Races
 Will
be a massive labor and business mobilization
Next…

What now for American unions…
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