“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.
“Lobbyists, Guns And Money”: ALEC, NRA And The “Exploitation Of Public Fear”
Florida’s now-infamous Stand Your Ground law, which lets you shoot someone you consider threatening without facing arrest, let alone prosecution, sounds crazy — and it is. And it’s tempting to dismiss this law as the work of ignorant yahoos. But similar laws have been pushed across the nation, not by ignorant yahoos but by big corporations.
Specifically, language virtually identical to Florida’s law is featured in a template supplied to legislators in other states by the American Legislative Exchange Council, a corporate-backed organization that has managed to keep a low profile even as it exerts vast influence (only recently, thanks to yeoman work by the Center for Media and Democracy, has a clear picture of ALEC’s activities emerged). And if there is any silver lining to Trayvon Martin’s killing, it is that it might finally place a spotlight on what ALEC is doing to our society — and our democracy.
What is ALEC? Despite claims that it’s nonpartisan, it’s very much a movement-conservative organization, funded by the usual suspects: the Kochs, Exxon Mobil, and so on. Unlike other such groups, however, it doesn’t just influence laws, it literally writes them, supplying fully drafted bills to state legislators. In Virginia, for example, more than 50 ALEC-written bills have been introduced, many almost word for word. And these bills often become law.
Many ALEC-drafted bills pursue standard conservative goals: union-busting, undermining environmental protection, tax breaks for corporations and the wealthy. ALEC seems, however, to have a special interest in privatization — that is, on turning the provision of public services, from schools to prisons, over to for-profit corporations. And some of the most prominent beneficiaries of privatization, such as the online education company K12 Inc. and the prison operator Corrections Corporation of America, are, not surprisingly, very much involved with the organization.
What this tells us, in turn, is that ALEC’s claim to stand for limited government and free markets is deeply misleading. To a large extent the organization seeks not limited government but privatized government, in which corporations get their profits from taxpayer dollars, dollars steered their way by friendly politicians. In short, ALEC isn’t so much about promoting free markets as it is about expanding crony capitalism.
And in case you were wondering, no, the kind of privatization ALEC promotes isn’t in the public interest; instead of success stories, what we’re getting is a series of scandals. Private charter schools, for example, appear to deliver a lot of profits but little in the way of educational achievement.
But where does the encouragement of vigilante (in)justice fit into this picture? In part it’s the same old story — the long-standing exploitation of public fears, especially those associated with racial tension, to promote a pro-corporate, pro-wealthy agenda. It’s neither an accident nor a surprise that the National Rifle Association and ALEC have been close allies all along.
And ALEC, even more than other movement-conservative organizations, is clearly playing a long game. Its legislative templates aren’t just about generating immediate benefits to the organization’s corporate sponsors; they’re about creating a political climate that will favor even more corporation-friendly legislation in the future.
Did I mention that ALEC has played a key role in promoting bills that make it hard for the poor and ethnic minorities to vote?
Yet that’s not all; you have to think about the interests of the penal-industrial complex — prison operators, bail-bond companies and more. (The American Bail Coalition has publicly described ALEC as its “life preserver.”) This complex has a financial stake in anything that sends more people into the courts and the prisons, whether it’s exaggerated fear of racial minorities or Arizona’s draconian immigration law, a law that followed an ALEC template almost verbatim.
Think about that: we seem to be turning into a country where crony capitalism doesn’t just waste taxpayer money but warps criminal justice, in which growing incarceration reflects not the need to protect law-abiding citizens but the profits corporations can reap from a larger prison population.
Now, ALEC isn’t single-handedly responsible for the corporatization of our political life; its influence is as much a symptom as a cause. But shining a light on ALEC and its supporters — a roster that includes many companies, from AT&T and Coca-Cola to UPS, that have so far managed to avoid being publicly associated with the hard-right agenda — is one good way to highlight what’s going on. And that kind of knowledge is what we need to start taking our country back.
By: Paul Krugman, Op-Ed Columnist, The New York Times, March 24, 2012
“Looking Past The Spin”: The Right’s ‘Etch a Sketch’ Imperative
Clarifying moments are rare in politics. They are the times when previously muddled issues are cast into sharp relief and citizens get a chance to look past the spin and obfuscation.
Americans were blessed with three such moments last week.
Rep. Paul Ryan made absolutely clear that he is not now and never was interested in deficit reduction. After a couple of years of being lauded by deficit hawks as the man prepared to make hard choices, he proposed a budget that would not end deficits until 2040 but would cut taxes by $4.6 trillion over a decade while also extending all of the Bush tax cuts, adding an additional $5.4 trillion to the deficit. Ryan would increase military expenditures and then eviscerate the rest of the federal government.
Oh yes, Ryan claims he’d make up for the losses from his new tax cuts with “tax reform” but offered not a single detail. A “plan” with a hole this big is not a plan at all. Ryan’s main interest is in cutting the top income tax rate to 25 percent from the current 35 percent. His message: Solving the deficit problem isn’t nearly as important as (1) continuing and expanding benefits for the wealthy and (2) disabling the federal government.
Robert Greenstein, president of the progressive Center on Budget and Policy Priorities, is tough on deficits, careful in his use of numbers, and measured in his choice of words. These traits make his assessment of Ryan’s proposal all the more instructive.
“It would likely produce the largest redistribution of income from the bottom to the top in modern U.S. history and likely increase poverty and inequality more than any other budget in recent times (and possibly in the nation’s history),” Greenstein wrote.
“Specifically, the Ryan budget would impose extraordinary cuts in programs that serve as a lifeline for our nation’s poorest and most vulnerable citizens, and over time would cause tens of millions of Americans to lose their health insurance or become underinsured.”
Thanks to Ryan, we now know that this election is not about deficits at all. It is about whether we will respond to growing inequalities of wealth and income by creating even larger inequalities of wealth and income.
Last week the nation also focused seriously on the “Stand Your Ground” laws that the National Rifle Association has pushed through in state after state. These statutes came to wide attention because of the tragic killing of Trayvon Martin, an unarmed black teenager.
George Zimmerman, the man who pulled the trigger, was not under serious investigation until there was a national outcry because under the Florida law, a citizen has a right to use “force, including deadly force, if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.”
These laws perfectly reflect the NRA’s utopia. No longer will we count on law enforcement to preserve the peace. Instead, we will build a society where all citizens are armed and encouraged to take the law into their own hands. If you feel threatened, just shoot.
Since when did conservatives start believing that laws should be based on “feelings” and subjective judgments? What kind of civilization does this create? Surely this moment should inspire the peaceable majority to challenge the entire gun lobby worldview — and that most certainly includes the legions of timid Democrats who have been cowed by the NRA.
There was, finally, that toy metaphor from Eric Fehrnstrom, a top aide to Mitt Romney. Asked on CNN if the primary campaign had forced Romney “to tack so far to the right it would hurt him with moderate voters in the general election,” Fehrnstrom replied that “everything changes” after the primaries. “It’s almost like an Etch a Sketch,” he added, “you can kind of shake it up, and we start all over again.”
The context matters because Romney later said Fehrnstrom was talking about post-primary changes that would be made “organizationally,” a claim that is plainly untrue. Ironically, the semi-denial reinforced the lesson Fehrnstrom taught: To win, Romney is willing to change not only his own positions but also reality itself.
Conservatives will need an exceptionally powerful Etch a Sketch to wipe the nation’s memory clean of the education it received during the 2012 campaign’s most enlightening week so far.
By: E. J. Dionne, Jr., Opinion Writer, The Washington Post, March 25, 2012
“Unintentionally Revealing”: Paul Ryan’s Path To Nowhere
“Why don’t you balance the budget at 24 percent [of GDP] instead of 19 percent?” I asked.
“I think it would do damage to the economy,” Rep. Paul Ryan replied.
This simple exchange from a conversation I had with Ryan in his office last October captures the uber-debate the country needs to have. That is, once we get done dissecting the deceptions, hypocrisies and regressive priorities in the Wisconsin Republican’s latest blueprint.
For starters, Ryan’s assumption that higher levels of spending and taxation would automatically hurt the economy can’t be right. If it were, America would be a poorer country today than it was a hundred years ago, when the federal government taxed and spent less than 5 percent of gross domestic product. But we’re obviously vastly wealthier. That doesn’t mean there isn’t a limit beyond which higher taxes and spending would hurt. Just that we’re not close to that point. How can we be, when President Reagan ran government at 22 percent of GDP?
Federal spending has gone from recent norms of about 20 percent of GDP to 24 percent under President Obama, thanks to the lagging economy and spending on things like the stimulus and unemployment insurance. Ryan wants to get it back to 20 percent in the next few years and return taxes to their more recent norms of 19 percent, up from today’s recession-depleted 15 percent. (The nonpartisan Tax Policy Center said Tuesday that Ryan’s proposals would in fact fall dramatically short of 19 percent, but leave that aside for the moment.)
At first blush, Ryan’s plan sounds perfectly reasonable — until you remember that we’re about to retire 76 million baby boomers.
“I think the historic size [of government as a share of GDP] is about right, or smaller,” Ryan told me that day.
“But how can that be,” I asked, “when we’re doubling the number of seniors” on Social Security and Medicare, the biggest federal programs.
“Because we can’t keep doing everything for everybody in this country,” he said. “We should trim down a lot of other stuff we’re doing.”
This was unintentionally revealing. Ryan has sounded this theme before. “We are at a moment,” Ryan said in his State of the Union response in 2011, “where if government’s growth is left unchecked and unchallenged . . . we will transform our social safety net into a hammock, which lulls able-bodied people into lives of complacency and dependency.”
But what hammock is Ryan talking about? The only thing slated to grow the size of government in the years ahead is the retirement of the baby boomers. The doubling of the number of people eligible for Social Security and Medicare is what is driving all the increase in federal spending — along with the spiral in system-wide health costs, which afflicts Medicare along with all privately financed health care.
If those programs for seniors haven’t been a “hammock” until now, simply doubling the number of people eligible for them can’t turn them into a “hammock” tomorrow. When it comes to fiscal policy, we have an aging population challenge, and a health-cost challenge. We don’t have a “hammock” challenge.
The upshot? Ryan wants to use an aging America and the bogus but superficially appealing constraint of “historic levels of spending and taxation” to force massive reductions in the rest of government. That’s why the Center on Budget and Policy Priorities and others Tuesday were already calculating that Ryan’s new plan would basically zero out everything in government a few decades from now, save for Social Security, Medicare and defense.
The crucial thing to understand about Ryan is that he is not a fiscal conservative. He’s a small-government conservative. These are very different things. The fastest-growing federal program in Ryan’s new budget is interest on the debt, which nearly triples from $234 billion next year to $614 billion in 2022. He doesn’t even pretend to balance the budget until 2040, and then only under utterly dubious assumptions.
These are not the choices a fiscal conservative makes. A fiscal conservative pays for the government he wants. Ryan wants government smaller than the one Reagan led even as America ages, and he doesn’t want to pay for it. Instead he adds trillions in new debt and makes no bones about it.
“Why would you choose to have debt, as opposed to saying we’re going to pay our own way now” via higher taxes, I asked Ryan back in October. This even after spending cuts that most Republicans think won’t command public support. “Why is that a conservative value?”
“Because of growth,” he said. “What I don’t want to do is sacrifice an entire generation to having less than optimal potential growth because their parents didn’t fix this problem.”
Huh? A cynic would say Ryan would do anything to avoid acknowledging the need for higher taxes as the boomers age. The conservative darling just won’t go there. The less charitable assumption is that the congressman is confused.
There’s more to say on Ryan’s blueprint, and, in spite of my general hostility to his thinking, he deserves credit for putting his party’s head in the noose by calling (rightly, if imperfectly) for Medicare reform. But the first order of business is to expose Ryan’s overall plan for the misguided, misleading and unacceptable vision it represents.
By: Matt Miller, Opinion Writer, The Washington Post, March 21, 2012
What If “The Bogeyman Disappears”: How High Court Ruling Could Backfire On GOP
At WaPo’s ‘The Fix,’ Aaron Blake has an interesting read, “On health care, Supreme Court loss could be electoral win.” Blake believes the GOP’s glee about the upcoming Supreme Court ruling on the ACA could backfire — in an unexpected way. Blake explains:
…Some Republicans are worried that their big challenge to Obama’s health care law could backfire come election time.Obama, of course, does not want to see his signature initiative overturned by the Supreme Court, which holds oral arguments on the bill next week and should render a decision by late June. And Republicans who have long railed against the bill would certainly be overjoyed to see the bill struck down.
But in an electoral milieu (yes, we just used that word) in which winning is often based more on voting against something rather than voting for it, losing at the Supreme Court may be the best thing that could happen to either side — and particularly Democrats.
“In a perverse way, Obama is helped if it is overturned, because then he can use it to rally his base,” said GOP pollster Glen Bolger. “If it is not overturned, then Republicans have a frying pan to bash over the Democrats’ head…”
That last point may be a bit of a stretch. It’s just as easy to imagine the GOP looking like whiners, grumbling about a pro-Republican court saying the law is sound. Plus it may be overstating the intensity of opposition to the mandate — many who don’t like it may be willing to at least give it a try, especially if the High Court says it’s OK.
In addition, don’t forget that polls indicate many who opposed the bill wanted a stronger role for government. Asked “What, if anything, do you think Congress should do with the health care law? Expand it. Leave it as is. Repeal it.” in a Pew Research poll conducted March 7-11, 53 percent said “expand it” (33 percent) or “leave it as it is” (20 percent), with just 38 percent supporting repeal.
Blake is on more solid ground, however, in arguing:
Republicans already hate the law, and if it gets struck down, there’s nothing to unite against. Obama may pay a price from his political capital for enacting a law that is eventually declared unconstitutional, but all of a sudden, the bogeyman disappears, and the GOP loses one of its top rallying cries.The Democratic base, meanwhile, would be incensed at the Supreme Court, which has generally tilted 5-to-4 in favor of conservatives on contentious issues, and could redouble its efforts to reelect Obama so that he could fill whatever Supreme Court vacancies may arise.
Blake argues less persuasively that Republicans will still put energy into repealing the law, even after the Supreme Court’s ruling. Seems to me that this would be a huge loser for the GOP. The public was tired of the legislative debate a long time ago. I would agree with Blake’s assessment, however, that Dems may “have more to gain than Republicans do” in terms of the election — even with an adverse ruling.
By: J. P. Green, The Democratic Strategist, March 23, 2012
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