Labor Movement

The Political Calculus Behind Friedrichs v. California Teachers Association

When the Supreme Court of the United States (SCOTUS) delivered its March 29 ruling in Friedrichs v. California Teachers Association, the announcement of a 4 to 4 deadlock was something of an anticlimax.  Ever since the sudden February 12 death of conservative Justice Antonin Scalia, SCOTUS watchers had anticipated just such an impasse. Based on Scalia’s questions when the case was argued before the Court a month before his passing, the late justice appeared to be the fifth vote for a decision that would have overturned 40 years of precedent – in effect, imposing “right to work” status on all those working in the public sector and eviscerating their unions. Without this vote, the four remaining conservative justices failed to constitute a majority.

In the days following this decision, observers across the political spectrum described the judicial deadlock in Friedrichs as a victory for public sector workers and their unions (at least for the moment). A more definitive resolution of the issue awaits Senate confirmation of Scalia’s successor, whether President Obama’s pick, Judge Merrick Garland, or someone yet to be named by the next president.

But, so far, what has been missing from most media commentaries is a recognition of the immediate political import of the Court’s impasse, and most especially, its impact on the 2016 election campaign. To understand the full political dimensions of Friedrichs – how the Court’s conservative majority seem to have been prepared to use the case to sway the election – a brief review of the case is necessary.

An Attempt To Decapitate: Turkey's Trade Unions On Trial

Our guest today is Eric Lee, founding editor of LabourStart, the international labor news and campaigning site.

On a chilly Thursday morning in late January I found myself standing at the entrance to an ultra-modern building that looked exactly like a shopping center or hotel.  An immense atrium, mirror-like glass everywhere, it was certainly designed by architects with ambitions.  The building was the main courthouse in downtown Istanbul — the largest courthouse, we were told, in all of Europe.

I was there in order to attend the opening of the trial of 56 members of KESK, the Turkish trade union for public sector workers.  The KESK members are accused of membership in an illegal organization, and making propaganda for that organization.  A handful of them were accused of being leaders of the organization.

The organization they are accused of joining is the Devrimci Halk Kurtuluş Partisi-Cephesi (DHKP-C) — the Revolutionary People’s Liberation Party–Front — which for more than three decades has conducted an armed struggle against the Turkish state.  The DHKP-C is considered a terrorist organization not only by the Turkish government but also by the European Union and the United States.

Richard Parrish And The March On Washington For Jobs And Freedom

Our guest author today is William P. Jones, history professor at the University of Wisconsin, Madison, and author of The March on Washington:  Jobs, Freedom and the Forgotten History of Civil Rights (W.W. Norton & Co., 2013)

If Richard Parrish had his way, the March on Washington for Jobs and Freedom would have occurred in 1941 rather than 1963.  As President of the Federation of Colored College Students in New York City, the 25-year old student was a key organizer of the mass demonstration that union leader A. Philip Randolph called to protest discrimination in the armed forces and the defense industries during the Second World War.  He was furious, therefore, when Randolph cancelled the march in exchange for an executive order, issued by President Franklin D. Roosevelt, prohibiting defense contractors from discriminating against workers on the basis of their race, color religion, or national origin.  Parrish agreed that this was a major victory, but pointed out that it would expire when the war ended and do nothing to address discrimination in the armed forces.  Accusing Randolph of acting without consulting the students and other groups that supported the mobilization, he insisted that the March on Washington be rescheduled immediately.

Randolph refused—accusing Parrish and other young militants of being “more interested in the drama and pyrotechnics of the march than the basic and main issues of putting Negroes to work”—but the disagreement did not prevent the two black radicals from working closely together to build a powerful alliance between the civil rights and labor movements in the postwar decades.  After completing his bachelor’s degree in 1947, Parrish worked as a teacher and union leader until his retirement in 1976.  He also worked closely with Randolph to open jobs and leadership positions for black workers in organized labor.  When Randolph decided to reorganize the March on Washington in 1963, Dick Parrish was one of the first people he turned to for support.

America’s Union Suppression Movement (And Its Apologists), Part Two

This is part two of a two-part post. The first part can be found here.

As the war against American unions reached a fever pitch in recent years, there emerged a small group of right-wing academics and think tanks that have taken up the anti-union cause in intellectual circles. Of particular note for our purposes are Terry Moe’s book, Special Interest, and a recent study, How Strong Are U.S. Teacher Unions?, which was jointly sponsored by the Fordham Institute and Education Reform Now. [6]

Since I’ve already written a critique of Moe’s book for the American Political Science Association’s journal, Perspective on Politics, my focus here is mainly on the Fordham/ERN report.

Both publications tell a very similar story (all the more remarkable given the political and economic context I discussed in Part I of this post), in which incredibly powerful teacher union Leviathans invariably win the day in all manner of educational and public policy fights. The Fordham Institute’s Michael Petrilli offered a ten-second sound bite for this meme, when he recently wrote that teacher unions "were the Goliath to the school reformers' David."

How does one find one’s way to such an unfounded conclusion? With an ideological analysis that has only the thinnest veneer of social science.

America’s Union Suppression Movement (And Its Apologists), Part One

Last week, in "Is There A ‘Corporate Education Reform’ Movement?", I wrote about the logic of forming strategic alliances on specific issues with those who are not natural allies, even those with whom you mostly disagree. This does not mean, however, that there aren’t those – some with enormous wealth and power – who are bent on undermining the American labor movement generally and teachers’ unions specifically. This is part one of a two-part post on this reality.

The American union movement is, it must be said, embattled and beleaguered. The recent passage of the Orwellian named ‘right to work’ law in Michigan, an anti-union milestone in the birthplace of the United Auto Workers and cradle of American industrial unionism, is but the latest assault on American working people and their unions.[1] Since the backlash election of 2010 that brought Tea Party Republicans to power in a number of state governments, public sector workers have faced a legislative agenda designed to eviscerate their rights to organize unions and bargain collectively in such states as Wisconsin, Ohio, Indiana, Pennsylvania, Iowa, New Hampshire and Virginia.

Fueling these attacks is an underlying organic crisis that has greatly weakened the labor movement and its ability to defend itself. Union membership has fallen from a high point of 1 in 3 American workers at the end of WW II to a shade over 1 in 9 today. [2] At its height, American unions had unionized basic industries – auto, mining, steel, textiles, telecommunications – and had sufficient density to raise wages and improve working conditions for members and non-union workers as well. According to the Bureau of Labor Statistics report for 2012, organized American labor has fallen to its lowest density in nearly a century. Today, American unions have high density in only one major sector of the economy, K-12 education, and in that sector unions are now under ferocious attack. [3]

Looking Backwards Into The Future

This is an adaptation of a recent message to AFT staff and leadership from Eugenia Kemble, on the occasion of her departure as the Albert Shanker Institute’s founding executive director, a position she held from March 1998 through September 2012.

I hope you will accept a few reflections from an old-timer as I leave the Albert Shanker Institute, which was launched with the support of the American Federation of Teachers in 1998, a year after Al’s death.

I started in 1967 as a cub reporter for New York’s Local 2 and have worked for the AFT, the AFL-CIO, and the Albert Shanker Institute since 1975, so I have been on duty for awhile. I was particularly grateful for the decision to create the Shanker Institute.  It has become a very special kind of forum – directed by an autonomous board of directors to ensure its independence – where, together with a broad spectrum of colleagues from both inside and outside the union, core ideas, positions, and practices could be discussed, examined, modeled, and debated.  Its inquisitive nature and program attempt to capture a key feature of Al Shanker’s contribution to union leadership.  As a result, the Institute’s work has helped many, including me, to reach a clearer understanding of the essential character of the AFT, unionism, public education, and of democracy itself, as well as what about them we hope will endure.