Category Archives: Labor Unions

The Recent Evolution of Wisconsin Public Worker Unionism since Act 10

Source: David Nack, Michael Childers, Alexia Kulwiec, Armando Ibarra, Labor Studies Journal, OnlineFirst Published July 30, 2019
(subscription required)

From the abstract:
This paper examines the experience of four major public sector unions in Wisconsin since the passage of Wisconsin Act 10 in 2011. The four unions are the American Federation of State, County and Municipal Employees (AFSCME), the American Federation of Teachers (AFT-Wisconsin), the Service Employees International Union (SEIU), and the Wisconsin Education Association Council (WEAC), an affiliate of the National Education Association. Wisconsin’s prior legal framework for public sector collective bargaining is explained and compared to the new highly restrictive framework established by Act 10. That new framework, established by state legislation, is analyzed, as are its impacts on the membership, revenues, structures, and practices of the four unions. In general, we find the impacts to have been very dramatic, with a loss of active union membership averaging approximately 70 percent overall, and concomitant dramatic losses in union revenues and power. These shocks have engendered the restructuring of two of the unions examined, the downsizing of the third, and the de facto exiting from the state’s public sector in another. There have also been significant changes in representation practices in one union, but less so in the others. We conclude by discussing best union practices based on this experience, as well as considering what the recent public sector union history in Wisconsin may portend for public worker union membership nationwide, since the issuing of the Janus Decision by the U.S. Supreme Court.

How to Strike and Win: A Labor Notes Guide

Source: Labor Notes, November 2019

From the introduction:
A good strike is an exercise of power, not just a rowdier form of protest. There is something you want, and a decision-maker who could give it to you but doesn’t want to. The point of the strike is to make it harder for this decision-maker to keep saying no—and easier for the decision-maker to stop the pain by saying yes.

For a private-sector employer, the primary way a strike exerts power is by hurting profits.

For a public-sector employer, it is by interfering with the normal functions of public service and creating a political crisis that elites must respond to.

It’s essential to carefully appraise all the forms of power, or leverage, the union can muster. Don’t hit the bricks without assessing what it will take to win.

Once your leverage is identified, you’ll have to do the organizing legwork to make it real. Leverage is only potential until you bring it to life. The union will rely on its own internal solidarity to remain united in the face of intimidation and to generate widespread solidarity from others. The advice in the rest of this manual is designed to build that internal and external solidarity.

But the best organizing in the world may fail to move your employer if you don’t start with a solid plan to win. That’s an analysis of how the actions by workers and supporters will add up to enough pressure to make the decision-maker back down.

Now Is a Good Time for Working People to Get Involved in Politics: An Interview with Liliana Rivera Baiman

Source: Meagan Day, Jacobin, September 27, 2019

Liliana Rivera Baiman is a member of the Democratic Socialists of America (DSA), a working mother, an immigrant, and a community and union organizer who’s running for city council in Columbus, Ohio.

Jacobin’s Meagan Day spoke to Baiman about the power of a city council to fight for workers and unions, Baiman’s experience growing up in a co-op village in Mexico, how the labor movement activated her politically, and what working-class people deserve…..

AFL-CIO Commission on the Future of Work and Unions

Source: AFL-CIO Commission on the Future of Work and Unions, Report to the AFL-CIO General Board, September 2019

….We present this report with fresh optimism that working people can and will build a future of work that works for all of us. But getting the job done requires more than engaging with innovation in the workplace. We must innovate ourselves, strengthen our unions, organize new ones and bring more workers into our ranks. The stakes are enormous. A system that fails to provide a decent standard of living for its people will not stand. So if technology and public policy continue to be used to further concentrate economic power in the hands of the wealthy few, our system of government and our way of life are in grave danger. But it doesn’t have to be that way. The labor movement can be inclusive enough and strong enough to raise living standards across the economy and ensure good jobs for everyone who wants to work.

This report is our plan to make that happen…..

Ballotpedia releases research on public-sector union membership

Source: Dave Beaudoin, Ballotpedia, Daily Brew, September 20, 2019

Nearly 50% of the country’s public-sector union employees are located in five states, according to a new Ballotpedia study released this week. This finding is based on data for 228 of the most prominent public-sector labor unions nationwide as selected based on media reports, consultation with local and state experts, and our own research efforts. In total, we counted 5,654,109 members in those 228 public-sector unions. Throughout 2019, Ballotpedia researched and analyzed the membership, finances, and political spending of public-sector unions. We’ll be sharing these findings in the weeks ahead in Union Station — our newsletter covering the latest developments in public-sector union policy.

Since it is nearly impossible to collect comprehensive data on membership of every public-sector union, we identified the most prominent public-sector unions in each state and determined their membership. This included state-level affiliates of national unions, such as the American Federation of Teachers, AFL-CIO, AFSCME, and the Fraternal Order of Police. ….

Among the 228 unions, these five states had the highest number of public-sector union members:

– California: 811,483 members belonging to six large unions—approximately 14% of the nationwide total.

– New York: 808,669 members belonging to five unions—14% of the nationwide total.

– Illinois: 342,518 members belonging to five unions—6% of the nationwide total.

– New Jersey: 324,750 members belonging to four unions—6% of the nationwide total.

– Pennsylvania: 324,411 members belonging to five unions—6% of the nationwide total…..

A Modest Blueprint for Representing Working People and Labor Unions in Fraught Times

Source: Jonathan Harkavy, Patterson Harkavy LLP, Date Written: September 9, 2019

From the abstract:
This article suggests approaches to dealing with the current anti-union climate in the American workplace. Building on examples of what union-side lawyers did when faced with the challenge of representing labor unions in Southern textile mills, the article makes a number of specific suggestions to counter what observers have termed a relentless assault on labor involving unchecked corporate power accompanied by income inequality and a decline in the well-being of working Americans. The article recommends, among other things, imposition of employer fiduciary responsibility for workers, a more clarion collective voice in the Supreme Court for working people, and increased use of state laws and federal antitrust laws to combat inequities in the workplace.

2019 Supreme Court Commentary: Employment Law

Source: Jonathan Harkavy, Patterson Harkavy LLP, Date Written: September 9, 2019

From the abstract:
This article summarizes in detail all decisions of the Supreme Court of the United States from its October 2018 Term (2018-2019) that affect employment law, labor relations, employment arbitration and the employment relationship generally. The article also provides commentary on each of the decisions and on the Supreme Court’s regulation of the employment relationship. The article also summarizes briefly the grants of certiorari in employment-related cases for the October 2019 Term and concludes with brief commentary on justice in the American workplace.

Alt-Bargaining

Source: Michael M. Oswalt, Law and Contemporary Problems, Vol. 82 no. 3, 2019

….The article proceeds as follows. Part II canvasses evolutions in organizing since the 1970s to show how innovations that start at the unionization phase don’t stay there. Corporate, comprehensive, and social movement advances all became mainstay bargaining strategies. While the present breakthrough, alt-labor, defies easy characterization, Part II tries based on its three exceptional relationships to law. Part III addresses the next question: when and how might alt-labor’s legal insights begin to reverberate in later stages of organizing. After identifying the existing echoes, I argue that time is now.

Part IV explores mechanics. Embedded in alt-bargaining’s three new legal orientations is a sophisticated understanding of interest formation that allows the campaigns to press for broad, “common good”-type community benefits with minimal outside conflict, minimal internal dissension, and—most critically— draw big crowds. In doing so, leaders use practices steeped in community-based activism that incorporate months of transformational political and relational education. As Gabe Winant has described, unions’ modern challenge is to get the nurse, custodian, fast-food worker—and, increasingly, Uber driver—to “understand their fates as intertwined.” The realities of “race, economic position, and social status,” can make the task feel intractable. Alt-bargaining’s approach suggests it’s not impossible.

Finally, Part V offers a vision of alt-bargaining’s ambitions, plus a slate of legal and structural reforms—especially the introduction of community “pool voting”—that might support them. Part VI briefly concludes…..

Blue Solidarity: Police Unions, Race and Authoritarian Populism in North America

Source: Mark P Thomas, Steven Tufts, Work, Employment and Society, OnlineFirst, July 26, 2019
(subscription required)

From the abstract:
With a focus on police unions in the United States and Canada, this article argues that the construction of ‘blue solidarity’, including through recent Blue Lives Matter campaigns, serves to repress racial justice movements that challenge police authority, acts as a counter to broader working class resistance to austerity and contributes to rising right-wing populism. Specifically, the article develops a case study analysis of Blue Lives Matter campaigns in North America to argue that police unions construct forms of ‘blue solidarity’ that produce divisions with other labour and social movements and contribute to a privileged status of their own members vis-a-vis the working class more generally. As part of this process, police unions support tactics that reproduce racialised ‘othering’ and that stigmatise and discriminate against racialised workers and communities. The article concludes by arguing that organised labour should maintain a critical distance from police unions.

PERB Addresses Need for Procedural Admonitions for Post Investigation Union Member Interviews

Source: William A. Diedrich, Neel Ghanshyam, and Marleen L. Sacks, Employee Relations Law Journal, Vol. 45, No. 1, Summer 2019
(subscription required)

From the abstract:
The authors of this article discuss a case that highlights the need for employers to conduct thorough, neutral investigations in any situation involving allegations where a union member accused of misconduct, or who files a grievance, has the right to an adversarial hearing.