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Employee Free Choice Act: Fight of a Lifetime? March 4, 2009

Posted by rogerhollander in Labor.
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by Jane Slaughter

efcaNobody wants to say it on the record, but the buzz is we won’t get the Employee Free Choice Act in its current form.

President Obama says he’s pro-EFCA but wants unions to “accommodate” the other side—despite labor’s $450 million and countless hours of volunteer work devoted to electing him.

Employers aren’t interested in compromise, spending $50 million just on anti-EFCA ads last fall in states where Senate seats were up for grabs, and vowing to spend tens of millions more.

In October Bank of America hosted a conference call for executives led by Bernie Marcus, a co-founder of Home Depot. Marcus lectured CEOs to give money to prevent EFCA and “the demise of a civilization.”
A favorite argument against EFCA is that it would deny workers the right to vote on unionization. Union strategists point out that EFCA actually permits either “card check” or a secret ballot—workers would decide which they wanted. Under current law, only the employer can decide.

Another argument is that there’s no precedent, in the private sector, for the right to arbitration of first contracts. And employers moan, like they did in the Depression, that too much unionization would wreck the reeling economy.

What Employee Free Choice Would Do

If a majority of workers in a workplace sign union authorization cards, validated by the NLRB, the company must recognize the union. If a majority of employees call for an election instead, the NLRB will hold one.

Penalties for companies breaking the law are increased.

• Up to $20,000 per violation for willfully or repeatedly violating employees’ rights during organizing drives or bargaining the first contract.

• Triple back pay for workers fired or discriminated against for pro-union activity during a drive.

• The NLRB must seek a federal court injunction when there is reason to believe a company has violated workers’ rights during a drive, such as firing or threatening to fire union supporters. Precedent says an injunction would be issued immediately.

Companies may not drag out first-contract bargaining indefinitely. If the two sides cannot reach a contract within 90 days, either one may request mediation from federal mediators. If mediation doesn’t work, they go to binding arbitration.

Supporters counter that union-won higher wages are exactly what the economy needs. After all, the debt-driven economy has utterly failed.

BALANCE OF POWER WINS

But in the end, the arguments don’t matter. The bill that passes will reflect the balance of power between business and labor. If EFCA is gutted, or fails to pass at all, it will be because not enough Senators were convinced it was in their interests to vote the right way.

How have labor and other movements in the past persuaded reluctant politicians to vote our way? By creating enough turmoil in the streets that legislators know they’d better do something.

The civil rights movement, the anti-Vietnam war movement, the worker upheavals of the 1930s—all led Washington decision-makers to do things they didn’t want to do.

It’s possible to admire labor’s efforts for two million petition signatures for EFCA and still ask, if this is the fight of a lifetime, why aren’t we acting like it?

Could the energy unions channeled for Obama last fall be reawakened for creative actions in 2009? For a huge march on Washington, for civil disobedience at senators’ offices, for informational picket lines outside the corporations bankrolling the bosses’ campaign, like Home Depot?

Less than three years ago, immigrant workers—most of them not union members—pulled a one-day national strike, bringing more than a million workers, families, students, and supporters into the streets in the largest series of demonstrations our country has ever seen. They were fighting for survival. So is the union movement. This is not the time to be timid.

This piece originally appeared in Labor Notes and is part of a special March issue on issues related to the Employee Free Choice Act. Talking Union encourages our readers to subscribe to Labor Notes.

Jane Slaughter started working with Labor Notes in 1979, eventually serving as editor and director. She is the author of Concessions and How To Beat Them and co-author, with Mike Parker, of Choosing Sides: Unions and the Team Concept and Working Smart: A Union Guide to Participation Programs and Reengineering. Her work has appeared in The Nation, The Progressive, In These Times, and Monthly Review, among others.

Cutting Wages Won’t Solve Detroit Three’s Crisis December 9, 2008

Posted by rogerhollander in Economic Crisis, Labor.
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auto-workers1Automakers have blamed workers for the financial collapse of the Detroit auto industry. (Photo: motortrend.com)

by: Mark Brenner and Jane Slaughter, The Detroit News

 In the 1980s, Chevrolet proclaimed itself the “Heartbeat of America,” but today the American auto industry barely registers a pulse. As Washington considers Detroit’s plea for life support, the only place where pundits, politicians and Big Three executives seem to agree is that auto workers must make do with less or watch their jobs disappear.

    Some lawmakers have complained that unions are the source of the problem, but they fail to understand some inconvenient truths. According to the latest figures from the U.S. Commerce Department, every worker in Big Three factories could work for free and only shave 5 percent off the cost of their cars. The auto companies pay as much for hubcaps and fenders as they do in wages.

    Data from the Harbour Report – the industry’s gold standard – reveal that even including their benefits, labor costs in the Big Three’s plants account for less than 10 percent of the sticker price.

    No matter how you cut the numbers, demolishing auto workers’ living standards will not transform the industry. The Big Three have been trying for years. They have slashed at least 200,000 jobs since 2004, and last year they wrung billions of dollars in concessions from the United Auto Workers. The union instituted a second-tier wage of $14.50 an hour for new hires, lower than pay in the nonunion, foreign-owned auto companies in the South.

    The impact is all too apparent in auto communities across the Midwest. Forty thousand Detroit homeowners are in foreclosure, and the unemployment rate has hit double digits in many auto towns. That suffering will multiply if one of the Big Three collapses, or if retired auto workers are punished for decisions they had no hand in.

    Automakers’ decisions have been disastrous. While competitors developed gasoline-electric hybrids, Detroit mined the gas-guzzling truck and SUV market, making $104 billion in profits between 1994 and 2003. Wall Street and Congress weren’t calling for more research and development or curbing the company’s dividend payments and high-flying executive salaries back then.

    Pundits crow for us to “Dump Detroit,” but they don’t advertise that through a bailout or the bankruptcy courts taxpayers will shoulder the burden of the automakers’ colossal missteps.

    Washington shouldn’t back into a bailout – it should jump in feet-first. What’s needed is not a half-measure, a cash infusion in exchange for selling the corporate jets. Now is the time to take a sweeping look at the country’s needs.

    Our first steps should confront global warming and oil dependence through a comprehensive overhaul of the transportation system. Federal policy hasn’t changed since the 1950s, when gas was a nickel a gallon.

    Detroit, the Arsenal of Democracy, retooled in a matter of weeks when we needed tanks, not cars, in 1941. We could produce this century’s answer to the interstate highway system and build mass transit and high-speed trains.

    That same sense of urgency is needed for vehicles that don’t run on petroleum. If American engineers can build satellites that read your license plate from outer space, they can develop an alternative to the gasoline engine.

    Automakers need direction as much as financial support from Washington, just as Japan’s government molded Toyota into a world-class performer.

    In every other industrialized nation, government has stepped in and given their auto companies a significant edge. Most important, they all adopted national health care and pension systems decades ago.

    General Motors alone provides health coverage to a million people – workers, retirees and families. The annual price tag is about $5 billion, which, as CEO Rick Wagoner is fond of pointing out, is more than GM spends on steel.

    That burden could be lifted, to the benefit of 47 million uninsured Americans, by adopting a Medicare-style program for everyone. It would save the nation as much as $350 billion per year now spent for insurance companies to shuffle paper and deny claims.

    The fate of the Motor City captivates us because it speaks to our future. For 30 years, politicians have bowed to Wall Street, sitting by while wages for most workers stagnated. Big Three workers have maintained their living standards better than most, in no small part because they have a union. In a country where investment bankers gave themselves $30 billion in bonuses last Christmas, have we reached a point where $58,000 a year with benefits is too much to ask?

    We once promised the pursuit of happiness to all, including the workers who make our factories run, not just those who trade credit default swaps. Now more than ever, we need to recapture that spirit with a thoroughgoing plan to rescue the environment, care for the sick and transform transportation.

    Mark Brenner and Jane Slaughter work for Labor Notes, an independent monthly labor magazine in Detroit. It receives no support from the United Auto Workers.