unions

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Outline

Decline of Organized Labor



Explaining the Decline
Structure, Management and Unions


Growing Inequality
Walmart Video Clip
Exam??? Fair, unfair, all exams suck
Mid Term…Mostly Very Good

40 Multiple Choice Questions


High Score 39…98%
Median Score: 34…85%
4.5
4
3.5
3
2.5
2
A
AB+
B
C+
C-
1
D+
0
Questions on questions?

C
1.5
0.5

B-
3 w < 50% correct13, 25, 37
D
F

Essay

Numbering mistake
All received one free point

Other three worth 3 each


Bonus Points: 5 events




one assignment point or ¼
test point for each…
no limit: 5 pts for
assignments or 1.25 lift to
final grade
You can pick and
choose…indicate on
paragraph you hand in
Attend event…write a
paragraph connecting
what you learn to this
class
Our class has come a long way…From
Conspiracy to Collective Bargaining…

From Unions as illegal combinations of individuals who
are violating a key tenet of capitalism… individual
bargaining


Wages, hours and working conditions set via competition
between individuals in the labor market
To federal legislation sanctioning and encouraging the
formation of unions that engage in collective bargaining

Wages,hours and working conditions set via collective
bargaining and negotiation between organization representing
workers (unions) and firms
From open class warfare to a bargaining
table…

1. We considered the “Treaty of Detroit” prior to
break. Please tell me once again what the “Treaty
of Detroit” was and explain how it functioned to
provide more of society’s wealth and income to
ordinary Americans?
Treaty of Detroit Becomes the Pattern


1) “Treaty of Detroit” between corporations and unions
tied wages to productivity…
Translation:


1947 Joe produced 100 widgets a day and was paid $100
1975 Joe produced 200 widgets a day and was paid $200
We Used to Grow Together
Real Family Income Growth Adjusted for Inflation
92%
1973-2000
1947-1973
117%
104%
98% 103%
64%
88%
75%
36%
26%
18%
1%
Poorest
20%
Richest Top
20%
5%
Poorest
20%
Source: U.S. Census Bureau. Based on mean family income.
Richest
20%
Top
5%
Union Help Facilitate the “Great Compression” &
the creation of the American Middle Class
And Things Change: Move from Collective
Bargaining back to Individual Bargaining…
2010: 11.9% union density
2010: 6.9% private sector

2. What happened to inequality in American when
the “Treaty of Detroit” was rescinded? Be sure to
cite the text in your answer.
Unions are weak and workers Are No Longer Sharing
In Productivity Gains

Translation:


1975 Joe produced 200 widgets a day and was paid $200
2003 Joe produced 400 widgets a day and was paid $205
The New Inequality
Growing Inequality
The Great Divergence
We Used to Grow Together, Now
We’re Growing Apart
Real Family Income Growth Adjusted for Inflation
92%
1973-2000
1947-1973
117%
104%
98% 103%
64%
88%
75%
36%
26%
18%
1%
Poorest
20%
Richest Top
20%
5%
Poorest
20%
Source: U.S. Census Bureau. Based on mean family income.
Richest
20%
Top
5%

1. We considered the “Treaty of Detroit” prior to
break. Please tell me once again what the “Treaty
of Detroit” was and explain how it functioned to
provide more of society’s wealth and income to
ordinary Americans? How did it restrain the pay of
executives? Be sure to cite the text in your answer
Winners and Losers
Business Week, Fall 2004
Inequality is Highest in the US…

Ratio of Top 10% to Bottom 10%
Explaining the New Inequality


Multiple causes, but the subject of this class is a major one
“The decline in unions contributed to the increase in inequality.
Since unions increase the pay of their members, who are
primarily in the middle class, and reduce the dispersion of pay
among members, the shift from union wage setting to market
wage setting added to inequality”
(Freeman 2007: 50).

Paul Krugman, Nobel Prize Winning Princeton Economist
 Institutions Matter
Union Decline Facilitates Inequality in Three
important ways

1) Declining union power alters the balance of power in
the economy


2) Decline in unions results in political shifts that facilitate
inequality


Workers simply have less bargaining power or leverage
Change in tax codes, trade policies and other policies
3) Decline of unions results in changed norms about
fairness and equality

Unions are committed to norms of fairness and equality…as
unions have receded, these norms have grown weaker
Different Institutions, Different Norms,
Outcomes



General Motors, 1969

Walmart, 2005
Salary in today’s dollars, $4.3
million

Salary in 2005, $23 million
Workers salary, $40,000


+ health care and pension
A Middle Class Wage


5 times what GM CEO took
Workers salary,
approximately $18,000


Most lack health care and
pensions
A Poverty Wage
Different Institutions, Different
Norms…Different Outcomes
So…Lots of questions


What explains the decline of unions in America?
As Freeman asks…who “did in the unions?”
Freeman, Where Have All the
Unions Gone

4.Freeman argues that “The decline in private sector
unionism is not a mechanical story of employment
shifting from blue collar mining and manufacturing,
where unions had great strength, to white collar
service sectors, where union were weaker.” What
evidence does he provide to support this assertion.
Be sure to cite the text in your answer, but also be
sure to explain what his evidence means in your own
words.
Structural Explanation for Union
Decline

“The first and simplest explanation in unionism is that
resulted from broad economic changes, which reduced
the proportion of the workforce in groups traditionally
highly unionized and increased the proportion in groups
traditionally nonunion.”
(Freeman 1984: 224)

So when you shift from ____________ to
________________ you get fewer union members
From Blue collar to white collar (this is usually emphasized)
 From Men to women…
 Less educated to more educated workforce…

There Have Been Structural Changes in
the Economy:

Manufacturing Changes

Replace labor via automation

Technological innovation



120,000 workers
20,000 workers
Yet same output


US Steel, 1980
US Steel, 1990
Fewer steel workers, more computer programmers
Similar trends in auto and other manufacturing sectors
Large Structural Change in the Overall Economy:
From Industrial to Post Industrial Society…

Post Industrial Society
 society characterized by the production of services and
information rather than finished goods.
80
70
60
50
Manufacturing
Service
40
30
20
10
0
1900
1920
1960
1980
1998
Strutural Changes to Bring Loss of
Union members…

Close a GM plant with 30,000 unionized
workers…union movement loses 30,000 union
members
The Structural Shifts Explain Some of the
Decline…But The Explanation Has Problems

1) Post Industrial transformation has occurred in all
advanced industrial capitalist nations, but union density
has not fallen in the same way.


Canada is particularly troublesome for the structural
argument, since its economy contains so many of the same
companies
2) Women and College Graduates actually more likely to be
union members than White men
Union Density, Late 1990s
100%
90%
80%
70%
60%
50%
40%
30%
20%
10%
0%
Union Density
Sweden
Denmark
Finland
Italy
Canada
USA
The Decline of Organized Labor…

3) Structural argument can’t explain uptick in
unionization among some service sector workers:
Government workers


Public Sector Growth…From almost nothing in the 1960s to
almost 50% now…
Poses a Puzzle: Why didn’t unorganized private
sector service workers organize at the same rate?
The Decline of Organized Labor…


“The problem is that the structuralist explanation assumes,
erroneously, that structural changes are the sole determinants of
unionization and does not allow other factors…”
Freeman estimates that it accounts for less than 20 % of the
decline (Freeman 2007: 79)

7. Freeman suggests that there are three primary
suspects for “doing in the unions.” One likely suspect
is workers. Please Freeman’s findings with regard to
whether workers still want unions. Be sure to cite the
text in your answer.
The Decline of Organized Labor…

New workers (young, women, minority) express no less interest in
unionization than traditionally organized white men

Freeman & Rogers (my advisor in graduate school) Survey


32% of non-union private sector workers desire unionization

In 2003 and 2005, more than 50% of non-union workers said they would
vote for a union

Yet less than 7% of private sector workers are in unions
Called the “representation gap” …Millions of people who are not
in unions would like to be in a union

“if workers had their way, private sector union density would be on the
order of 40 percent…” (Freeman 2007: 83)
Freeman, Where Have All the
Unions Gone

6. Freeman suggests that there are three primary
suspects for “doing in the unions.” One likely suspect
are unions themselves. What does Freeman think
unions have done, or not done, to help do
themselves in. Be sure to cite the text in your
answer.
Once Again…Choices…


It’s 1985, and you are a union leader committed to
addressing issues of inequality in society. You believe
that all workers should make a decent living, and
have decent hours and working conditions. The
manufacturing industries that were once the backbone
of the labor movement are disappearing, and service
sectors jobs ranging from janitors, waiters and sales
clerks to lawyers, computer technicians and software
designers are expanding. Some of these jobs are
good, a lot of these jobs are awful.
As a union leader, what do you do to reverse the decline of
unions so you can protect working families?
Unions Drop the Ball…

George Meany, President of the AFL-CIO
dismissed concerns about organizing new
workers


“I don’t know, I don’t care…Why should
we worry about organizing groups of
people who do not appear to want to be
organized...I used to worry about…the
size of the membership…I stopped
worrying because it doesn’t make any
difference…The organized fellow is the
fellow that counts” (Freeman 2007: 77)
Interest in organizing waned and money
spent on organizing dropped 30%
between the 50s and the 70s…
Faced with crisis…Unions actually
organize less…


Few resources
devoted to
organizing new
workers
Fewer elections for
union representation
held
Year
1950
# of Elections
for union
representation
5619
1960
5428
1970
7543
1980
7021
1990
3423
1995
2716
Fewer Elections, Covering Fewer
Workers, with Fewer Victories
600000
Number of Union Representation Elections
500000
400000
Number
voted
300000
200000
Number Won
100000
0
1965 1967 1969 1971 1973 1975 1977 1979 1981 1983 1985 1987 1989 1991 1993 1995 1997
Years
3-26
And unions won less…
Year
1950
1960
1970
1980
1990
1995
# of Elections % Won Union
5619
5428
7543
7021
3423
2716
74.5
62.8
55.1
49
47.6
48.2
New
Members
77,689
66,753
So workers say that want unions, but are unions
winning fewer elections: Why?

5. Freeman suggests that there are three primary
suspects for “doing in the unions.” One likely suspect is
management. Please summarize Freeman’s argument
about the role of management in “doing in the unions.”
Be sure to cite the text in your answer.
Outline

Avoiding Unions in the US




Organizing Unions Today
Path 1: NLRB Elections


Differences Across Nations
Thinking About Competitive Disadvantage
Rules and Response
Path 2:Voluntary Recognition
Corporate Campaigns
 Card Check
 Neutrality Agreement

Management Opposition

Union
Prevention/Avoidance
“Positive Labor
Relations”
 Legal anti-union activities
 Illegal anti-union
activities


Lets explore via
Walmart…
Do the Wiggle…Don’t Eat the
Banana

Walmart…union substitution or Positive Labor Relations
 Good Human Resource Management
 Happy “Associates” feel they’re getting fair wages & benefits; open
door policies; wiggle....
Aggressively Anti Union



Walmart…union substitution or Positive Labor Relations
 Good Human Resource Management
 Happy “Associates” feel they’re getting fair wages & benefits; open door
policies; wiggle....
Walmart… union avoidance & prevention
 Very aggressive legal anti-union campaigns
 “dirt” to fire; handbooks; toll free #; one on ones; videos
 Very Aggressive illegal Anti-union campaigns
 Surveillance, firing…
“…managerial opposition to unionism, and illegal campaign tactics in particular,
are a major, if not the major, determinant of NLRB election results”
(Freeman 1984: 233)
Worth Noting the Differences…

“Managers in other countries do not fight unions with
anything like the resources and zeal of American
managers”
(Freeman 2007: 81)

In Denmark, Freeman asks to meet with anti-union
firms…told that would not be possible, there are none.


German workers I met in a “video conference”…shocked
Even small businesses prefer collective bargaining…they
level the playing field for firms to compete on non-wage
dimensions? Translation?
High Union Density Impacts Employer
Behavior

If labor market is organized “wall to wall,” or union contracts are
extended to all firms, no one is at a competitive disadvantage


Walmart’s spread is threat to non-Walmart workers


96% of Supermarkets in NJ are unionized (PI 2/01/05)
Union Stores (Acme, Shoprite, Pathmark, etc.) are demanding
concessions to remain competitive


A level playing field…Pathmark, Shoprite, Acme all compete…but not on the
backs of their workers
Also encouraging UFCW to organize Walmart
UFCW (United Food and Commercial Workers) has got a problem…We’ll
see if they solve it…
Union Density
Compared

Union Density, 2002

US was 13.3%
Why Do Workers Organize?
Why Do Workers Organize?


Dissatisfaction with wages, hours, working conditions spur
union drives
But research finds most drives due to “soft issues”

Feeling overworked, under appreciated, humiliated, lied to, unfairly treated


Nurses in “Why Organize”: “The total lack of respect for us as professionals…the
inconsistency in the way rules were applied”(Clawson 2003: 4)
Freeman & Rogers Survey findings: Why vote for a union?




Relations with Management Bad ; Don’t trust management
Management shows little concern for workers or won’t share power
Dislike their job
Not enough influence
The Organizing Process


Collective Bargaining cannot take place until a
bargaining representative has been certified
To gain certification, unions pursue one of two paths

Path 1: Normally, a union must win an election to be
certified as the exclusive representative of the employees

Path 2: An employer may voluntarily recognize a union if the
union can demonstrate that it represents a majority of the
employees
Path 1: The Organizing Process
Initial Contact by
Employees or
Union Organizer
Union Creates Strategy
to Organize Employees
Management Creates Strategy
to Keep Union Out
Representation Petition
(Authorization Cards)
Campaign by Both Sides
Representation Election
Union Certification
Collective Bargaining
Union Rejected
3-20
Organizing the Unorganized
Step 1: Begin an Organizing Drive
Union organizer

Full-time, salaried staff member who generally
represents a national union
 Sometimes

aided by rank and file workers from union
Tries to convince workers about benefits stemming from
unionization
Organizers Contact Workers

Katz & Kochan, 2002
The Organizing Process

The NLRB is responsible for scheduling representation
elections

Law requires that at least 30 percent of the election unit
must have signed an authorization card

Most unions will not file without 50% or more…
 Organizers
usually want 65%
Organizing the Unorganized
Step 2: Contact Natioinal Labor Relations Board

NLRB regional director determines whether to conduct an
election
 Checks
appropriateness of bargaining unit..more on this in a
moment…this can be tricky

NLRB decides on a case by case basis
 Hospital:
Registered Nurses, Nurse Practitioners, Nurses
Aides…One unit or 3 units?
Defining a Bargaining Unit

Key for NLRB: mutuality of interest in wages, hours and
working conditions


Greater the mutuality = greater likelihood that members will
agree on things, and thus CB will work better
Definition is of strategic interest for both union and firm

Union wants unit that will help win election, Management wants
units that will make victory less likely

In many cases, management will challenge appropriateness of
unit to delay election
Organizing the Unorganized
Step 3: Election Campaign
Union must build
support…but
communicating with
workers is a problem?
•
If you were a union
organizer, how might you
contact members?
•
Organizing the Unorganized
Step 3: Election Campaign
• Access to workers is a problem for unions
•
•
Non-employees not permitted into factory or building

Outreach in a parking lot: law does not permit

Even banned from retail public parking lot (Lechmere Decision)
That leaves: lunch hour; after work; house visits

We’ll discuss this more next week
Election Campaign

As the Walmart video showed, management is rarely a
passive observer in the election process

Management tries to undercut support.
 Broad
array of strategies and tactics
 Google
union prevention
Election Campaign…Management tries to
undercut support. How?
 Delay
the Election
 Challenge
 Research
Structure of Bargaining Unit
finds: Longer the delay, the less inclined
workers are to vote for the union
Election Campaign…Management tries to
undercut support. How?

Delay Election
 Challenge

Structure of Bargaining Unit
Persuade Employees that Unionization is bad
 Captive
Audience meetings
 mandatory
 Can
meetings during work (law permits)
be held up to 24 hrs before vote
Election Campaign…Management tries to
undercut support. How?

Delay Election


Challenge Structure of Bargaining Unit
Persuade that Unionization is bad
 Captive
Audience meetings-mandatory meetings
during work (law permits)

Threats to close facility (not permitted by law)
 “If
you vote for the union, we’ll move to Mexico”
 Research shows that it is commonly done
Election Campaign…Management tries to
undercut support. How?


Promote union activists (permitted by
law)
Interrogate employees (permitted by
law)
 One
on one meetings
Election Campaign…Management tries to
undercut support. How?

Dismissal of union supporters (illegal)…but happens a
lot…

1991 Study finds it occurs in 1 out of 3 organizing drives


1 out of 36 pro-union voters discharged
2007 study suggests that 1 in 5 organizers or activists can
expect to be fired due to union activity
(Freeman 2007: 80)

2000 Study estimates “that as many as 25 percent of
employers facing a union drive fire at least on worker for
union activity
(Freeman 2007: 157)

Cost to Employer if caught breaking the law?
Election Campaign…Management tries to
undercut support. How?


Dismissal of union supporters (illegal)…but happens a
lot…
Cost to Employer if Caught Breaking the Law?

Back wages minus what worker has earned while fired…

Since most workers must take other jobs, this amounts to a
paltry fine…it becomes economically rational to break the
law and fire workers
Organizing the Unorganized
Step 4: Secret Ballot Election
–
NLRB ensures that representation election is fair and
honest
Win or Lose…
Year
1950
1960
1970
1980
1990
1995
# of Elections % Won Union New Membs
5619
74.5
5428
62.8
7543
55.1
7021
49
3423
47.6
77,689
2716
48.2
66,753
Organizing the Unorganized
Step 5: Certification of Election Results
–
NLRB satisfied that results reflect the employees’ free
choice
–
Certification—variety of benefits to union
 exclusive
 for
 for
representation rights
one year, employer obligated to bargain
one year, no other union can challenge representation
rights
Video Clip on Organizing

Smithfield Pork vs. the United Food and Commericial
Workers
Path 1: The Organizing Process
Initial Contact by
Employees or
Union Organizer
Union Creates Strategy
to Organize Employees
Management Creates Strategy
to Keep Union Out
Representation Petition
(Authorization Cards)
Campaign by Both Sides
Representation Election
Union Certification
Collective Bargaining
Union Rejected
3-20
Video Clip on Organizing

Smithfield Pork vs. the United Food and Commercial Workers

Two ways to address the “labor problem”

Provide examples of people in the video who suggest exit and of
people who suggest collective voice

Issues that spur organizing drive?

Union Tactics?

Employer Tactics?

Outcome of Elections?
Workers at huge Smithfield meat plant
vote for union Thu, Dec 11 2008
By Bob Burgdorfer





CHICAGO, Dec 11 (Reuters)- Meat cutters at the world's largest pork plant in Tar Heel,
North Carolina, voted to be represented by the United Food and Commercial Workers
union, a decision that should end more than 10 years of bitter fighting between the
union and the plant's owner, Smithfield Foods Inc.
Smithfield and the UFCW confirmed the results of the voting, which began on
Wednesday and concluded on Thursday night. The tally was 2,041 in favor of the union
and 1,879 against.
"We will be meeting in 30 to 60 days to set up a timetable to start contract
negotiations," said Dennis Pittman, a Smithfield spokesman.
Smithfield is the largest U.S. hog and pork producer with annual sales of about $11
billion.
The Tar Heel voting was supervised by the National Labor Relations Board.
A union contract at Smithfield Packing: It
only took 17 years
(7/01/09)





(TAR HEEL NC)—Five Thousand workers at the world’s largest pork processing plant have their firstever union contract, after a majority
of workers ratified the agreement over a two-day vote. Members of UFCW Local 1208 will join
more than 10,000 other Smithfield workers, and more than 240,000 others who work in the meat
packing and food processing industry who have a UFCW union contract.
The new contract includes:

* Wage increases of $1.50/hour over the next four years; * Continued company-provided
affordable family health care coverage.; * Improved paid sick leave and vacation benefits.

* Retirement security through protection of the existing pension plan; * Continued joint
worker/management safety committee, including company funded safety training for workers;
* Guaranteed weekly hours that protect full-time, family supporting jobs in the community; * A
system to resolve workplace issues.; * 24 hours of paid funeral leave following the death of
immediate family members.
This is the first contract covering the hourly production and maintenance workers at the Tar Heel
facility and will take effect July
http://www.indyweek.com/gyrobase/blogs/Post?id=triangulator&year=2009&month=07&day=01&basename=a-union-contract-at-smithfield-packing-it-only-took-17-years&mode=print
Start with 65%…but lose half of
elections…
Year
1950
1960
1970
1980
1990
1995
# of Elections % Won Union New Membs
5619
74.5
5428
62.8
7543
55.1
7021
49
3423
47.6
77,689
2716
48.2
66,753
Once Again…Choices…


It’s 1995, and you are a union leader committed to addressing
issues of inequality in society. You believe that all workers should
make a decent living, and have decent hours and working
conditions. The manufacturing industries that were once the
backbone of the labor movement are disappearing, and service
sectors jobs ranging from janitors, waiters and sales clerks to
lawyers, computer technicians and software designers are
expanding. Some of these jobs are good, a lot of these jobs are
awful. Efforts to organize these new sectors have been stymied
by aggressive anti-union campaigns by management. You now
lose about ½ of the elections that you initiate. The labor
movement is in steep decline.
As a union leader, what do you do to reverse the decline of
unions so you can protect working families?
The Organizing Process


Collective Bargaining cannot take place until a
bargaining representative has been certified
To gain certification, unions pursue one of two paths

Path 1: Normally, a union must win an election to be
certified as the exclusive representative of the employees

Path 2: An employer may voluntarily recognize a union if the
union can demonstrate that it represents a majority of the
employees
Path 2: Voluntary Recognition


Many of the most successful unions are no longer
pursuing NLRB elections…they’re demanding voluntary
recognition or card check…
Voluntary recognition- employer recognizes the union
without an election

Why in the world would an employer do that?

There are few reasons…
Voluntary Recognition…


Cost to company finances, reputation, brand outweigh
recognizing the costs of recognizing the union…
Corporate campaigns force voluntary recogniztion
efforts to bring public, financial, or political pressure to bear
on a company

Crash weddings, picket in front of homes, boycott related companies,
try to use politics to create problems for firm, hold hearings with local
clergy and politicians…
The Justice for Janitors Campaign


SEIU does not use NLRB elections to gain union representation
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Put pressure on building owners that use non-union
subcontractors for janitorial services
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Form alliances with community groups such as churches to
gain public support for organizing
Create social, political and economic pressure that:
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Forces cleaning companies to accept the union
Forces owners to accept union contractors, and that
Bread and Roses
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Video…whole
thing…today and part
of Thursday…
Worksheet will be
graded…1 point for
each question
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