Experts warn GM strike not likely to be resolved anytime soon

From NBC News Online:

On this General Motors and the United Auto Workers agree — the strike that sent 50,000 workers out on the picket lines Monday is not likely to be over anytime soon.

Both sides are talking, but both sides are bracing for a long and costly fight as workers dig in on their fight for better wages, health care benefits and job security, union representatives and auto industry experts said.

“It will go on as long as it’s going to take to achieve our bargaining goals,” Chuck Browning, the UAW’s Region 1A Director, told MSNBC. “The bottom line is this company has been extremely profitable for a long period of time. Those profits have been made off the sweat and the hard work of our members, and our members want a fair agreement.”

Erik Gordon, a business professor at the University of Michigan and an auto industry maven, said the leadership of the UAW needs to take a stand against GM not just for the rank and file — but for its own survival.

UAW President Gary Jones and other top union officials are currently under investigation by federal authorities for allegedly embezzling member dues and blowing thousands of dollars on everything from fancy vacations and golf equipment to $400 bottles of Louis Roederer Cristal Champagne.

“I think the union leadership wanted a strike because they’re under attack, and when you feel like you could be losing your grip on power the age-old tactic is to go to war,” Gordon said.

And because they need to be seen as taking a hard line against GM management, union negotiators won’t seek a swift solution even though rank-and-file workers will start feeling the financial pain almost immediately.

Read the complete article here.

Opinion: You Call It the Gig Economy, but California Calls It “Feudalism”

From today’s New York Times:

Labor leaders cheered in the balcony and lawmakers embraced on the floor of the California Senate on Tuesday as it passed a landmark measure that defines employees, a move that could increase wages and benefits for hundreds of thousands of struggling workers.

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But the bill is as much a starting point as an endgame: It will drive a national debate over how to reshape labor laws fashioned in the industrial era of the 1930s to fit a 21st-century service and knowledge economy.

With the measure, which Gov. Gavin Newsom says he will sign, California will lead in a shift that will likely redefine the roles of governments, unions and worker organizations. Just as federal labor laws were promulgated to help the country recover from the Depression, the imperative to extend basic guarantees like a minimum wage stems from the staggering income inequality in California, the state with the highest poverty rate in the country.

The new paradigms will need to fit not the relatively stable industrial work force of the last century but a gig economy in which workers are increasingly likely to hold multiple jobs or report to no workplace at all. California lawmakers took a major step in constructing the foundation of such a model with the new measure, which presumes workers are employees, entitled to all concomitant protections and benefits, unless they meet strict criteria as truly independent contractors.

Read the complete article here.

A California bill that would ban forced arbitration heads to Gov. Newsom

From today’s Los Angeles Times:

When companies in California tell job candidates they have to give up their right to sue the company for most disputes, a bill headed to Gov. Gavin Newsom’s desk would let the candidates decline without fear of losing their job offer.

The bill is the latest effort by state governments to limit private companies from imposing forced arbitration agreements, whose surge in popularity has contributed to the difficulty of workers suing their bosses for sexual harassment in the era of #MeToo.

Federal law and some U.S. Supreme Court decisions do not let state governments ban these arbitration agreements. Supporters argue that the bill in California would not ban arbitration agreements, but make them optional: Employees could sign them, but they may not be punished for declining to. The bill would not affect existing arbitration agreements and would apply only to people hired after Jan. 1, 2020.

Still, Republicans and the state’s business groups said the bill is illegal and would probably be challenged in court. The state Senate voted Thursday to approve the bill.

The Economic Policy Institute says more than 67% of all employers in California require workers to sign these arbitration agreements. Companies like these agreements because arbitration costs less than going to court and moves faster. Labor groups argue that arbitration puts employees at a disadvantage because the employees don’t have an attorney and are subject to the ruling of an arbitrator who is often selected and paid for by the company.

Read the complete article here.

State of the Unions: What happened to America’s labor movement?

From today’s New Yorker Magazine:

Do you have rights at work? Franklin Delano Roosevelt thought you did. In 1936, while trying to haul America’s economy out of the bog that the free market had driven it into, Roosevelt argued that workers needed to have a say, declaring it unjust that

a small group had concentrated into their own hands an almost complete control over other people’s property, other people’s money, other people’s labor—other people’s lives. For too many of us throughout the land, life was no longer free; liberty no longer real; men could no longer follow the pursuit of happiness.

For Roosevelt, a system in which bosses could unilaterally decide “the hours men and women worked, the wages they received, the conditions of their labor” amounted to “dictatorship.” He hoped that the New Deal would bring workers and managers together in a new form of workplace governance.

New Dealers drew on an idea known as industrial democracy, developed, in the late nineteenth century, by English socialist thinkers who saw workplace rights as analogous to civil rights such as due process and the freedoms of speech and assembly. Senator Robert Wagner, who wrote the National Labor Relations Act of 1935—also known as the Wagner Act—made the point explicitly: “Democracy in industry means fair participation by those who work in the decisions vitally affecting their lives and livelihood.” In their efforts to civilize the workplace, however, Roosevelt and his allies didn’t set up a new institution for workers to speak through. They relied on an existing one: the union.

Whenever the rate of unionization in America has risen in the past hundred years, the top one per cent’s portion of the national income has tended to shrink. After Roosevelt signed the Wagner Act and other pro-union legislation, a generation of workers shared deeply in the nation’s prosperity. Real wages doubled in the two decades following the Second World War, and, by 1959, Vice-President Richard Nixon was able to boast to Nikita Khrushchev that “the United States comes closest to the ideal of prosperity for all in a classless society.”

America’s unions and workers haven’t been faring quite as well lately. Where labor is concerned, recent decades strongly resemble the run-up to the Great Depression. Both periods were marked by extreme concentrations of personal wealth and corporate power. In both, the value created by workers decoupled from the pay they received: during the nineteen-twenties, productivity grew forty-three per cent while wages stagnated; between 1973 and 2016, productivity grew six times faster than compensation. And unions were in decline: between 1920 and 1930, the proportion of union members in the labor force dropped from 12.2 per cent to 7.5 per cent, and, between 1954 and 2018, it fell from thirty-five per cent to 10.5 per cent. In “Beaten Down, Worked Up” (Knopf), a compact, pointed new account of unions in America, Steven Greenhouse, a longtime labor reporter for the Times, writes that “the share of national income going to business profits has climbed to its highest level since World War II, while workers’ share of income (employee compensation, including benefits) has slid to its lowest level since the 1940s.”

Read the complete article here.

Yes, America Is Rigged Against Workers

From today’s New York Times:

The United States is the only advanced industrial nation that doesn’t have national laws guaranteeing paid maternity leave. It is also the only advanced economy that doesn’t guarantee workers any vacation, paid or unpaid, and the only highly developedcountry (other than South Korea) that doesn’t guarantee paid sick days. In contrast, the European Union’s 28 nations guarantee workers at least four weeks’ paid vacation.

Among the three dozen industrial countries in the Organization for Economic Cooperation and Development, the United States has the lowest minimum wage as a percentage of the median wage — just 34 percent of the typical wage, compared with 62 percent in France and 54 percent in Britain. It also has the second-highest percentage of low-wage workers among that group, exceeded only by Latvia.

All this means the United States suffers from what I call “anti-worker exceptionalism.”

Academics debate why American workers are in many ways worse off than their counterparts elsewhere, but there is overriding agreement on one reason: Labor unions are weaker in the United States than in other industrial nations. Just one in 16 private-sector American workers is in a union, largely because corporations are so adept and aggressive at beating back unionization. In no other industrial nation do corporations fight so hard to keep out unions.

The consequences are enormous, not only for wages and income inequality, but also for our politics and policymaking and for the many Americans who are mistreated at work.

Read the complete article here.

Trump won key union workers in 2016. Will Scalia as labor secretary change that for 2020?

From PBS Newshour Online:

To critics, the nomination of a labor secretary who built his career fighting unions underscores a President Donald Trump’s attacks against organized labor.

But for Trump, it seems appointing Eugene Scalia is a way to continue taking on unions through deregulation and business-centric policies without alienating rank and file union members in key states he’ll need to win reelection in 2020.

The president’s pick, which he announced on Twitter but has not officially submitted to the Senate, also shows Trump’s willingness to push the boundaries on who makes a suitable labor nominee, compared to past Republican administrations.

In the past, “Republicans tended to choose businessmen” to lead the Department of Labor, said Joseph McCartin, a labor historian at Georgetown University. “Often they were businessmen who had dealings with unions. But [they] were not anti-union.”

Scalia, the son of the late Supreme Court Justice Antonin Scalia, appears to be a departure from that norm.

Scalia is a partner at the Washington, D.C.-based law firm Gibson Dunn, where he focuses on labor and employment issues. As an attorney, he has worked on behalf of Walmart, Ford, UPS and a host of other companies in lawsuits fighting against workers’ rights claims. He also served a brief stint as the Labor Department’s solicitor in 2002.

Some union leaders argued Scalia is also more extreme than Trump’s past appointments for the cabinet position. Scalia is Trump’s third pick for labor secretary. Businessman Andrew Puzder withdrew from consideration after it was reported that he had hired an undocumented immigrant as a housekeeper. Former prosecutor Alex Acosta served as labor secretary for two years before resigning earlier this month after coming under scrutiny for his role in a 2008 plea deal for financier Jeffrey Epstein, who is facing charges of sex trafficking.

Read the complete article here.

Walmart workers invite Sen. Sanders to crash the company’s annual meeting

From today’s Washington Post:

For years, Walmart workers have attended the company’s annual shareholders meeting to call for higher wages, better benefits and more predictable schedules.

This year they’ll have someone new delivering the message on their behalf: Sen. Bernie Sanders.

The presidential candidate, who has repeatedly called on Walmart to improve its working conditions, is heading to Bentonville, Ark., on June 5 to introduce a shareholders’ proposal that would give hourly Walmart workers a seat on the company’s board.

“These workers need and deserve a seat at the table,” Sanders (I-Vt.) told The Washington Post. “If hourly workers at Walmart were well represented on its board, I doubt you would see the CEO of Walmart making over a thousand times more than its average worker.”

If passed, the measure would require the retailer to consider its 1.5 million hourly U.S. employees when nominating candidates to its board, which is currently companies of a dozen wealthy executives from companies like McDonald’s and NBCUniversal.

Read the complete article herhttps://www.washingtonpost.com/business/2019/05/21/walmart-workers-invited-special-guest-crash-companys-annual-meeting-bernie-sanders/?utm_term=.92102ae998b9e.

In Sacramento, CA teachers fight for “what’s right” with strike

From today’s CBS Evening News:

Teachers in Sacramento went on strike Thursday for the first time in 30 years. They’re accusing the school district of backtracking on promises of better pay and smaller classes.

In the past year, more than 400,000 teachers in nine states have gone on strike, affecting more than 5 million children.

Raising three boys on her own in costly California is a daily struggle for Victoria Carr, who has been teaching for 12 years.  

“It’s hard. It really is. Am I making a difference? Is it impacting people,” she said.

With teachers on the brink of a strike, Carr went to a school board meeting to confront the district superintendent.  
 
“I want them to see me fight for what’s right. I want my students to know that they’re important enough to me that I’ll fight for them and I’ll say what needs to be said as best I can,” said the seventh-grade teacher.

Nationwide, the average teacher salary has decreased by 4 percent in the past decade, when accounting for inflation. Eighteen months ago, the Sacramento School District avoided a strike by giving their teachers a raise. Thursday’s strike is solely about the students. The teachers say the district did not hold up the rest of that deal, which included smaller classroom sizes, more nurses, psychologists and after school programs.

Read the complete article here.

Can Courts Strike Down Right-to-Work?

From The American Prospect:

Last week, in a move that’s as likely to baffle union activists as it is to encourage them, a West Virginia judge struck down key portions of the state’s “right-to-work” law.

The Kenawha County judge’s ruling may amount to no more than a temporary hiccup in West Virginia Republicans’ war to destroy unions. But it’s another example of how hotly provisions of the 1947 federal Taft-Hartley Act are being contested in the courts as it becomes clearer that the anti-union impact of the law has contributed to an era of massive inequality that threatens our democracy.

West Virginia’s “right to work” law was rammed through on a party-line vote prior to 2016’s presidential election and the recent statewide teachers strikes. It had survived a Democratic gubernatorial veto and a previous injunction based in part on its ridiculously sloppy drafting. Last week, however, siding with a coalition of unions that included the building trades, Teamsters and Mineworkers, Judge Jennifer Bailey ruled the law  “unnecessarily and unconstitutionally imposes an excessive burden on Plaintiffs’ associational rights,” and that the goal of letting workers opt out of union membership “can be, and have been, fully accomplished without taking the additional steps of prohibiting agency fees, and giving free riders something for nothing.”

Anne Marie Lofaso, a professor of law at West Virginia University, describes Bailey’s ruling as “an extremely well-done decision that holds together and reflects some excellent lawyering for the union plaintiffs.”

In many respects, the West Virginia decision is a replay of a briefly encouraging moment in April of 2016 when a Dane County judge struck down Wisconsin’s recently enacted “right-to-work” law. That decision was predictably reversed by a Republican-dominated higher state court one year later.

Read the complete article here.

LAUSD teachers union and school district reach tentative deal to end strike

From today’s Los Angeles Times:

Los Angeles teachers are poised to end their first strike in 30 years after union leaders reached a tentative deal Tuesday with the L.A. Unified School District.

The Board of Education is expected to move quickly to ratify the deal, which must be officially approved by United Teachers Los Angeles through a vote of its members.

Union leaders have said they will not end the strike until their members ratify a contract, but also said they have a system in place that could allow members to vote within a matter of hours. That means teachers are likely to be back at work on Wednesday.

Regardless, schools will be open on Tuesday, managed by skeleton staffs of administrators and employees who are not on strike, just as they were last week. More than two-thirds of students did not come to campuses during the first week of the strike.

Read the complete article here.