“A Tsunami Of Anti-Union Legislation”: The GOP’s State And National Assault On Labor Rights
The past 15 months have seen a remarkable assault by the GOP on federal labor rights.
Republicans have introduced numerous bills designed to undermine the National Labor Relations Act, all with wonderfully deceptive names suggesting they would strengthen the rights of ordinary workers: Workforce Democracy and Fairness Act, Protecting Jobs from Government Interference Act, Employee Rights Act, Jobs Protection Act, Employee Workplace Freedom Act, Secret Ballot Protection Act, National Right to Work Act, Truth in Employment Act, National Labor Relations Reorganization Act, and others.
Republicans on the federal level have also attempted to defund and abolish the National Labor Relations Board, subjected its Democratic members to repeated subpoenas and requests for information, protested President Obama’s recess appointments to the board, joined lawsuits by corporate and anti-union organizations and threatened Congressional Review Acts – which could happen within weeks – to block the implementation of new board rules streamlining union certification elections and requiring notice posting on federal labor rights.
Rarely, if ever, has the board, and the rights it enforces, been subjected to such relentless attacks. And the attacks continue. While impressive, this assault on federal labor rights pales in comparison to what has been happening – occasionally in full view, but mostly with little notice – at the state level. Almost everyone knows about the 2011 legislation stripping public sector workers of collective bargaining rights in Wisconsin and Ohio, and Indiana’s 2012 “right-to-work” (RTW) legislation, which outlaws union security agreements.
However, the sheer number of anti-union bills supported by GOP-controlled legislatures demonstrates the breadth and depth of the party’s anti-unionism. So what is happening in the states?
In addition to Indiana, at least 18 other states have considered RTW measures. South Carolina and Tennessee passed bills strengthening RTW legislation that has been on the books for six decades, while another RTW state, Virginia, attempted to write RTW into its constitution. And last week, the New Hampshire House passed a RTW bill identical to one vetoed last year by the state’s Democratic governor. Other states that may act on RTW this year — sometimes over the wishes of the GOP establishment — through legislation or ballot initiatives include Maine, Michigan, Minnesota and Ohio.
In addition to high-profile bills in Wisconsin and Ohio, at least 13 other states have considered legislation that would eliminate or restrict public sector collective bargaining. New Jersey eliminated public sector bargaining over health benefits, Oklahoma outlawed collective bargaining for municipal employees, and Tennessee replaced bargaining for public school teachers with “collaborative conferencing.” And at least 14 states have considered legislation that would ban public employers from deducting union dues from employees’ paychecks, thereby making it difficult for unions to finance their basic activities. Last week, Michigan Gov. Rick Snyder signed a measure prohibiting public schools from deducting union dues from the paychecks of teachers and other employees.
Many Republican legislatures have promoted bills that, while not directly attacking labor rights, are clearly intended to weaken unions, including unions in the building trades and public schools. 14 states have introduced legislation restricting Project Labor Agreements, and 11 have bills attacking prevailing wage laws, both of which protect building trades standards.
At least 28 states have considered charter school and voucher bills that would weaken public school unions, and others have bills privatizing most schools services, along with bills privatizing transportation, water supply, port authorities, airport security, liquor distribution, prisons and prison medical services, Medicaid delivery, state park vendors, kindergarten development and evaluation, and every municipal service imaginable.
At least 10 states have introduced so-called “paycheck protection” measures, which are designed to place strict limits on the use of union dues money for political purposes, while placing few, if any, restrictions on corporate political spending. Alabama, Arizona and North Carolina passed paycheck measures in 2011 – though all three bills have been challenged in the courts – while California and New Jersey have upcoming paycheck ballot initiatives.
Deception dominates in the messaging on state bills. California’s paycheck ballot initiative is ludicrously misnamed “Stop Special Interest Money Now.” Backers of the bill, the ultra-conservative Lincoln Club of Orange County, co-produced “Hillary: The Movie,” which led to the Supreme Court’s Citizens United decision. The Lincoln Club welcomed Citizens United as a “victory for free speech,” but now claims that its measure is a balanced effort to remove all special interest money from state elections, to the extent allowed by federal law. In reality, it would undermine the ability of unions to engage in core political activities but have almost no impact on corporate political spending.
This type of obfuscation is central to Republicans’ anti-union strategy. If the party were unable to hide behind deceptive messaging, it would be exposed as a front for the American Legislative Exchange Council and other extreme organizations.
And finally: not one new job has been created by this tsunami of anti-union legislation.
Does Right To Work Actually Lead to More Jobs?
A study by two economists sheds doubt on whether right-to-work laws are all they’re cracked up to be.
Most people watching the Super Bowl last night probably had no idea that only a few days before, in the same city of Indianapolis, Governor Mitch Daniels signed a law that will cripple unions. As I’ve written before, Indiana is the first Rust Belt state to pass a right-to-work law, which prohibits both mandatory union membership and collecting fees from non-members. The news, however, has hardly gotten the attention the labor-minded might have expected. Blame it on the big game or the GOP presidential primary. Or blame it on the loss of union power that allowed the law to pass in the first place.
Whatever the reason, this lack of stories has meant little discussion of the actual impact of right-to-work legislation. Daniels, along with many proponents of such measures, argues that companies choose to locate in right-to-work states rather than in states with powerful unions. And the Indiana governor says he’s already seeing the fruits of the newly passed law. Union advocates, meanwhile, say the laws decrease not only union power but also wages and workplace protections. According to conventional wisdom, it seems, the choice is between fewer good jobs and more cruddy jobs.
But according to Gordon Lafer, an economist at the University of Oregon’s Labor Education and Research Center, that’s a false choice. In fact, he says, there’s no evidence that right-to-work laws have any positive impact on employment or bringing back manufacturing jobs.
While 23 states have right-to-work legislation, Lafer says that to adequately judge the law’s impact in today’s economy, you have to look at states that passed the law after the United States embraced the North American Free Trade Agreement (NAFTA) and free trade in general. “Anything before the impact of NAFTA started to be felt in the late ’90s is meaningless in terms of what it can tell us,” he says.
Because of free-trade agreements, companies can go to other countries and get their goods made for a fraction of the cost. Even in the most anti-union state in the country, there are still basic worker protections and a minimum-wage law to deal with. Such “roadblocks” to corporate profit can disappear if the business relocates overseas. “The wage difference that right to work makes … is meaningless compared to the wage savings you can have leaving the country,” Lafer says.
Only one state has passed right to work since NAFTA: Oklahoma in 2001. (Before that, the most recent was Idaho in 1985.) About a year ago, Lafer and economist Sylvia Allegretto published a report for the Economic Policy Institute* exploring just what had happened in the decade since Oklahomans got their “right to work.” The results weren’t pretty.
Rather than increasing job opportunities, the state saw companies relocate out of Oklahoma. In high-tech industries and those service industries “dependent on consumer spending in the local economy” the laws appear to have actually damaged growth. At the end of the decade, 50,000 fewer Oklahoma residents had jobs in manufacturing. Perhaps most damning, Lafer and Allegretto could find no evidence that the legislation had a positive impact on employment rates.
“It will not bring new jobs in, but it will result in less wages and benefits for everybody including non-union workers,” says Lafer.
*Full disclosure: I was a writing fellow at the Economic Policy Institute in 2008.
By: Abby Rapoport, The American Prospect, February 6, 2012
Super Bowl Players Should Stand Up For Indiana Workers
Last July, Major League Baseball blew an opportunity to make a difference. With 28 players who were either Hispanic or of Hispanic descent participating in the league’s annual All-Star Game in Phoenix, Arizona, and the eyes of the sports world watching, nary a one spoke out against the radical anti-immigration law Arizona had passed a year before, even though it could have directly affected the players and will directly affect many of their fans. “I ain’t Jackie Robinson,” David Ortiz, one of baseball’s biggest characters, said.
Over the next 10 days, the National Football League will have a similar chance to make a difference.
Just two weeks before Super Bowl XLVI kicks off at Lucas Oil Field in Indianapolis, more than 10,000 people marched through the city to protest right-to-work legislation that is being pushed through the state’s legislature. The legislation passed the state Senate this week and the state House today, and is backed by Gov. Mitch Daniels (R). Considering the NFL nearly lost its 2011 season, and Super Bowl XLVI with it, to a labor dispute, Indiana Republicans’ assault on workers is a cause the players should be familiar with.
Fortunately, there are signs that the NFL players aren’t going to repeat Major League Baseball’s mistake. Several players have spoken out against the legislation, and NFL Players Association President DeMaurice Smith said his organization is already taking action. “We’ve been on picket lines in Indianapolis already with hotel workers who were basically pushed to the point of breaking on the hotel rooms that they had to clean because they were not union workers,” Smith told the Nation. “We’ve been on picket lines in Boston and San Antonio. So, the idea of participating in a legal protest is something that we’ve done before.”
That’s a good first step. But it’s not enough. Indiana union officials are contemplating disrupting Super Bowl-related events to draw attention to their cause, clogging city streets and slowing down events around Lucas Oil Stadium (which was built and is maintained by union workers). Labor leaders are hesitant, though, fearing that such actions could give the city and their cause “a black eye” with people who think sports and politics don’t mix. If some of the league’s top players, particularly those participating in the Super Bowl, spoke in support of those efforts, however, that perception could change.
New England Patriots quarterback Tom Brady, one of the NFL’s most recognizable players, felt strongly enough about his own rights that he signed on as a plaintiff in the players’ antitrust lawsuit against the league last year. So did Logan Mankins, Brady’s teammate, and Osi Umenyiora, a prominent defensive end for the New York Giants. Those players were willing to risk backlash from the league, public scrutiny, and their own images to fight league owners for better benefits and wages. In the week leading up to the Super Bowl, they should do the same for workers who don’t have the luxury of multimillion-dollar contracts, rich endorsement deals, and the good fortune of playing a game for a living.
Sure, with Super Bowl week ahead of them, political causes may be the furthest thing from the minds of most players. But with thousands of reporters conducting hundreds of interviews before, during, and after the big game, the players will have the chance to stand up for the rights of people they should be fighting for. Unlike their counterparts in baseball, they shouldn’t blow it.
By: Travis Waldron, Think Progress, January 25, 2012