Tuesday, April 22, 2008

Fight in Ohio between SEIU and California Nurses revives old issue: When employers welcome unions at the NLRB

By Herman Benson


An angry battle in Ohio between the Service Employees [SEIU] and the California Nurses Association [CNA] calls attention to a proposed new regulation by the National Labor Relations Board that would make it easy for consenting employers to accept, or even welcome, unionization without disturbing their workers with a hostile, confrontational campaign.


Up to now, either a union or an employer could petition the NLRB for a collective bargaining election. If a union, utilizing its rights under the National Labor Relations Act [NLRA], wants to force recognition from a company, it must work hard to win over the work force. It must submit a petition to the NLRB signed by at least 30% of the work force and then win a majority of the votes in a collective bargaining election, usually hotly contested by an anti-union employer.


Under certain conditions, an employer can ask for a collective bargaining election: It may contend that an existing union no longer truly represents its workers, or it may want to resolve the demands of two or more competing unions that claim to represent its employees. In that case, the NLRB can move promptly to schedule an election: no petitions from workers are required. It is the employer, not the union or the workers, who wants this election.


Under the proposed regulation, the NLRB would provide a new swift and easy route to collective bargaining. Where the union and the employer are both willing to cement relations, they can jointly submit a consent petition to the NLRB. No need for the union to collect signatures on petitions; it need not submit evidence that it actually represents any workers. In the course of the election, no need for a campaign to convince the mass of workers, or even to keep them informed, no controversy, no class warfare, only cooperation.


For the union it’s a great opportunity. It need not spend its limited resources of time and money to campaign or even to collect signatures. In this uncontested election without fanfare, few are likely to be aroused or to vote. With just a few dependable supporters to vote yes, the union can coast in as the exclusive bargaining agent for the whole work force. The majority can come to work the day after the election to discover that, painlessly, the blessings of union representation have been bestowed upon them. No drawn-out battle, no hard feelings provoked, no enthusiasms inspired. It is simple, not a confrontation but an arranged marriage.


Up to now, unions have been campaigning for a system which would grant exclusive bargaining rights to unions without facing an election once a majority of the bargaining unit signs cards authorizing the union to represent them. But the union still has to work hard to get at least that 30% on petitions; and right wing anti-labor groups, in full-page ads, charge that unions, afraid to face a democratic vote of the membership, prefer to “coerce” workers into signing cards. The new NLRB system makes better public relations; it follows the formal rules of voluntary democratic decision, free of possible intimidation. In these parlous times, when unions fight to hold their own, when the need to organize the unorganized is so urgent, the new NLRB system seems like a union leader’s dream. Could anything be wrong?


Yet, when the SEIU sought precisely such an election in Ohio, it was forced to pull back after facing resistance from the National Nurses Organizing Committee of the CNA. (The CNA is an AFL-CIO affiliate; the SEIU is an affiliate of the rival Change to Win coalition.)


The election was requested by the Catholic Healthcare Partners to cover over 7,000 workers at nine hospitals in the state. The employer had agreed that, after the expected election result, it would recognize the SEIU as the representative of all its employees --- registered nurses as well as all other hospital employees. The SEIU, which had supported the employer’s request, was the one union on the ballot. Since the request for the election was submitted by the employer, neither it nor the SEIU was required to present any evidence that any workers actually sought union representation. Although the proposed NLRB regulation has not yet been adopted, this election would, in effect, have been the kind of consent election which the new regulation contemplates. However, it was not to be.


Everything was all set, but a few days before the scheduled election, organizers from the National Nurses Organizing Committee of the CNA turned up. In literature addressed to nurses the NNOC urged them to vote no. Management, they argued, “gets a sweetheart union that will not focus on issues important to Registered Nurses. CHP [the employer] gets increased profits and inferior RN contracts. The SEIU’s back room deals result in contracts that are among the worst in the nation…. Less than 2% of SEIU’s members are Registered Nurses. SEIU is not a professional nurses union.” Thrown off balance, the SEIU pulled out. On March 11, the day before the voting was scheduled to begin, the election was canceled.


SEIU President Andy Stern denounced the CNA action as “nothing more than a flimsy cover for out-and-out union busting that we normally see from employers, not organizations that claim to care abut workers.” The SEIU argued that the consent election was the outcome of three years of negotiations with management. “At any time during those three years,” wrote one SEIU nurse, “the CNA could have presented their union, compared themselves to SEIU and asked us to make a choice. But they didn’t.” The CNA replied that if the SEIU had real rank-and-file support, it could not have been scared off by a few leaflets; the SEIU’s withdrawal, it argued, proved that a cozy deal with management was in the making without employees’ support.


Regardless of who was right or wrong in Ohio, this dispute pitted one legitimate union against another, demonstrating that the kind of consent election foreshadowed in the new NLRB proposed regulation may not be as simple as it seems at first glance. On one hand, the NLRB would offer a painless way for a genuine union to gain entry and win over an uninterested workforce to unionism; as Walter Reuther might have put it, to unionize the unorganized. But, on the other hand, there can be dangerous complexities. There is more here than meets the eye.


The problem arises because the labor movement has had a long sad experience with various maneuvers that allow employers to set up counterfeit compliant ‘unions’ as a protective barrier against genuine unions. In the early years of the New Deal, management sponsored powerless employee representation systems: company unions that were subservient to employers. The aim: to ward off the rising new unionism of the mid-thirties. Even now, unscrupulous employers, to keep out good honest unions, sign collusive collective bargaining contracts with crooked characters who offer sweetheart deals. The new NLRB regulation could give the protective cover of respectability and legality to such collusive arrangements.


What the old company union arrangements have in common with the proposed NLRB-sanctioned system is this: a suspect ‘ union’ can slip in easily, no need for worker involvement. Of course, there are bound to be employers somewhere who, not overly preoccupied with profits, are in business for the benefit of humanity and insist on fair play and unionism. Someone once somewhere did discover such aberrant employers. But normal red-blooded American employers expect something advantageous in return for voluntarily welcoming the arrival of a union. When an unscrupulous employer signs up with racketeers, it gets a guarantee that it can pay substandard wages and can be sure of protection against the arrival of a genuine union.


In Ohio, however, management was dealing with the SEIU which everyone knows is not a company union, is not a racket ‘union’, but is a bona fide, mainstream labor organization that has already taken the lead in organizing low-paid workers and lifting their standards: unskilled, minorities, immigrants.


Nevertheless, honest and well intentioned as it may be, even the SEIU must offer something to employers to soften their hearts to frictionless union penetration, and it does. It offers gentle terms, nothing too demanding, a friendly atmosphere; Andy Stern, SEIU president, would not annoy them too much with individual grievances. In justifying these lenient compromise transactions, the SEIU argues that, in the search for organizational “density” in its “market,” the union must get its foot in the door. Presumably once it achieves that coveted “density,” it will go for broke in its “market.” Maybe.


The trouble is that the SEIU is not always breaking ground in an untilled field. Other unions are already organized in some of those "markets," unions that are already battling to defend high union standards. They argue that, just as bad money drives out good, soft unionism drives out hard. They charge that in its efforts to grab its own market share, Stern’s SEIU sometimes undercuts their standards. What appears like “density” to Stern looks like dilution to the others.


The differences that pitted the CNA against the SEIU in Ohio have erupted inside the SEIU itself, creating a bitter split between the Stern administration and one of the union’s largest locals, United Healthcare Workers-West, the 150,000- member SIU local of healthcare workers on the west coast. In 2003, under Stern’s leadership, the SEIU signed what were called “template” agreements with an association representing 284 nursing homes in California. The agreement presumably gave the SEIU new entry to about 40 of those homes. But at a price considered outrageously prohibitive by Sal Rosselli, president of UHW-W. According to Rosselli, the units created under those template agreements “may come close to becoming …company unions.” Rosselli’s local was disturbed by the impact of the agreement on the whole nursing home industry in California, with over 1100 nursing homes. According to UHW-W, one of the nursing home operators under contract with the local, presumably at high standards “told us that if we want to achieve high standards in the industry … we need to [get] rid of the ‘template’ contracts” which allow competitors to maintain lower standards.


When the California Nurses showed up in Ohio, Stern asked the AFL-CIO executive council to repudiate the CNA, its affiliate, and tell it to back off. The council refused. But it also refused to explicitly endorse the CNA intervention. The council faced a rough choice; it was impossible for it to make a satisfactory decision. The new NLRB regulation will probably pose the same unwelcome choice for unionists; they are bound to meet it with that same ambivalence.

Wednesday, April 09, 2008

On ‘democratic’ centralism: Stern’s illusion and democracy’s nightmare

By Herman Benson

Andy Stern, president of the Service Employees International Union and labor’s latest celebrity, seems to be resurrecting a neglected ideology: the concept of a militarized ‘democratic’ centralism. For him and his followers, the hope of imposing it upon a newly invigorated labor movement may be a utopian illusion. For union democracy, it is a nightmare. Hints, but only hints, of his underlying philosophy were implicit in his schemes for reorganizing his own SEIU and the whole labor movement. But its trend has become manifest as he is apparently moving to crush critics on the west coast, impose a repressive trusteeship over the 140,000-member United Healthcare Workers-West, and cut down Sal Rosselli, its president.

In February this year, Rosselli resigned from the SEIU International Executive Committee so that he could feel free to criticize what he charged was the “undemocratic practices we have experienced first hand.” The SEIU convention was coming up at the end of May. “In good conscience,” he wrote, “I can longer allow simple majorities of the Executive Committee to outweigh my responsibility to our members to act out of principle on these critically important matters. I say this with no ill will, but with a deep sense of conviction.”[Rosselli to Stern 2/9/08]

They differ over bargaining strategy, over the role of the international and locals, over the right of the membership to veto the merger and dissolution of local unions, over whether to go easy on employers to get a foot in the door for unionism. The issues in dispute are not trivial, and the charges and countercharges are correspondingly harsh. Rosselli accuses the Stern people of “company unionism” and “top-down organizing” to beef up membership statistics by any means whatsoever. They denounce him for sabotaging the SEIU drive to organize, for falsifying the record, for hypocritically benefiting from policies he now derogates.

This is no idle talk at a cocktail party; it is a serious difference over policy. He attacks vigorously; they reply in kind. So far, routine. That’s what democracy is for, to allow an outlet even for the bitterest of debates. But the problem is that Rosselli’s critics go beyond denouncing him for criticizing. They would make his very right to criticize illicit. And, because they are armed with organizational power, they would resolve the dispute not simply by democratic decision but by suppression. The irony is that they wrap autocratic intentions in the flag of a democratic “majority”. Rosselli, they insist, must go along with the “majority.” But a majority in power can always take care of itself. The essence of democracy is to preserve an orderly means of opposing a majority.

In replying to its self-posed question, “What is real union democracy?” The SEIU’s anti-Rosselli web site, “Fact Checker,” pandering to the bias against any genuine spirit of democracy asks, “Is democracy abiding by majority rule just when you like the outcome but ignoring it when you don’t?” But democracy, as we practice it in America, cherishes precisely the right of a minority to oppose the majority. ‘Fact Checker” continues in line with what has become official SEIU ideology, “ Is it democracy when 11 out of 12 workers in an industry are not even at the table?” What they mean by this muddle is what they have suggested before more clearly: members must abstain from exercising their union democracy until most workers, now nonunion, are organized. By that standard, union democracy must wait patiently for a long time, perhaps forever.

They use the boilerplate language available to any overbearing union official annoyed anytime by any critical dissident. Mary Kay Henry, international executive SEIU vice president, writes in the course of a long attack on Rosselli [Calitics.com website 3/25/08], “he is giving employers ammunition to use against workers….”

Three members of the SEIU international executive committee found Rosselli’s decision to speak out impermissible. “Just as we expect members of our local unions to unite behind a common strategy after there has been a full debate,” they wrote, “and a majority has reached a democratic decision, we as leaders must do the same.” There it is. Once a “democratic decision” is reached everyone, members and leaders, must swallow their opinions, keep quiet, and toe the line. We discuss, we decide, we unite, you shut up, we remain a fighting force. If you open your mouth against the line we discipline you. (How some might love to apply this principle to the Iraq War! The irony in this case is that, as they wrote, the SEIU was on the eve of an international convention to open in three months. If now is not the time for that democratic discussion, when?) [Regan et al to Rosselli 2/11/08]

That same tone now permeates life in the SEIU. In 2006, as the SEIU was about to run a membership referendum on creating those huge California megalocals, Stern turned the union into one advocacy monolith to guarantee a favorable outcome. He ordered, “All local unions, union officers, and assigned staff must fully cooperate in the implementation and transition process to assure that this decision is carried out in an orderly fashion…. No union funds, resources or staff may be used to oppose, interfere or undermine in any way the IEB determination in this matter.” (The referendum carried, but according to one report, only 16% of the membership voted.)

In the same spirit, applicants for appointment to the executive board of the new 45,000-member Local 521 had to sign an oath of loyalty to the union administration, including these assurances: “I will not … engage in personal attacks on other members, staff, or leaders at unions meetings, in the press, or other literature, or venues…. Once a decision has been made, I will support that decision to members and others…I will not …take … legal action against the union for actions they take in their legal role as leaders as long as I remain a member of this appointed board or committee.” Come weal, come woe; high or low, no one can remain in any official union position and ever ever act against any misdeeds by other officials.

Here then is how the labor movement would operate if the system being implanted by Stern could take root and flourish:

A policy is adopted, say at the international convention, the union’s highest constitutional authority --- for the sake of argument we make the generous assumption that it has been a ‘democratic’ decision. Then for the next five years until the next convention (four years for the SEIU) every union institution and representative, must fall in line. No criticism permitted: every hired staff employee, every elected officer in every local and in the international, every steward appointed or elected, every editor and PR spokesperson, every executive board member of every local must propagate the vaunted ‘democratic’ decision. None can oppose it or publicly express misgivings on pain of swift dismissal. Stern envisions a monolithic disciplined army of thousands, all spouting the politically correct official line. After five years, during which everyone sang the same notes in harmony, comes the next convention; and at last, presumably, democracy’s brief moment has arrived.

Proceedings at the convention, as always, are carefully manipulated by the administration. Under the Stern regimen, those in power will already have been safely protected against criticism for the previous five years. If, at the convention, venturesome critics are unusually resilient, if they are not demoralized by five years of deadly uniformity, if they are lucky enough to get the floor and keep it before the question is called, they might get five minutes in the sun, maybe even seven or ten. Then it is all over. The delegates, people who knew how to stay on top during those five silent years, adopt the new official policy. The period for ‘democratic’ debate is over. Time to unite and fight and bite your tongue. Five new silent years loom.

But is this bureaucrat’s dream likely to come alive? Perhaps in part, but never in full panoply. By now, websites and the Internet afford too many ways for members and officers alike to evade the proscriptions on democracy. Federal law offers some protection for civil liberties for members in their unions. Stern will never have full scope for the fulfillment of his dream; nevertheless, as we see in California, federal law and the union constitution still provide ample means for chilling dissent.

Wednesday, April 02, 2008

Stern’s threat to trustee west coast SEIU local poses danger to democracy in labor movement

By Herman Benson

Andy Stern, international president of the Service Employees International Union threatens a trusteeship over the United Healthcare Workers-West and the removal of its president, Sal Rosselli. The reach of the imminent trusteeship is awesome: With 140,000 members, this local enrolls about one-tenth the total membership of the whole SEIU. It represents registered nurses and non-professional healthcare workers in scores of institutions. Rosselli, its president, is an eminent figure in the labor movement and in the politics of California. He had been SEIU state president and a member of the union’s international executive committee. Inside the SEIU he has been a vigorous critic of Stern’s policies, actually the only outspoken critic with a strong power base in the union. Wipe out Rosselli, and Stern, with an unchecked monopoly of power, can continue to move anywhere in any direction without restraint.

But it is not the scope of this trusteeship that would make it unique. Over the years, hundreds of union subsidiary bodies have been trusteed by their international unions. Most have been relatively small locals taken over by their internationals, sometimes for legitimate reasons, and sometimes to suppress a local leadership out of favor with an arrogant international officialdom. Occasionally, a major subsidiary came under trusteeship, like the 120,000-member AFSCME’s DC 37 in New York; but in that case, district and local officers had been indicted for stealing local money and falsifying a contract referendum.

What would make a current trusteeship move by Stern different from all the rest is this: for the first time since the adoption of the LMRDA in 1959, a massive trusteeship has been threatened against so major a section of a union for politically repressive objectives. This pioneering achievement can be credited as another Stern innovation. The basic reality has been buried, in recent days, by a mudslide of charges and countercharges in letters, emails, official documents, and news reports.

In January 2007, Rosselli’s local criticized a deal between Stern and California nursing homes as a case of “company unionism.” Stern was impelled, or compelled, to abandon the arrangement.

In January 2008, Rosselli refused to run for reelection as SEIU California state president, accusing Stern of rigging the rules to assure the victory of his pre-selected choices.

In February, he resigned from the SEIU International Executive Committee, freeing himself to speak openly in the union in advance of its international convention scheduled to begin at the end of May. In his letter, he wrote of the “undemocratic practices we in UHW have experienced first hand.” Since his local was entitled to over a hundred delegates, Rosselli would have been strongly represented at the convention; but a trusteeship would bar them.

On March 24, Stern confronted Rosselli with a shopping list of charges “regarding Membership Concerns and related Constitutional Obligations.” Implied was the threat of an imminent trusteeship; Rosselli was ordered to provide all related documents by March 28 and a detailed written reply to the charges no later than April 4. Not much time; Stern seems anxious to act against the local before the convention opens. As in most preliminary justifications for union trusteeships, the request for documents and statements appear to be simply a showcase exercise to comply with the law’s requirements for due process and to display a proper respect for PR opinion. The selected victim is usually convicted in advance. In this instance, the seven charges against Rosselli foreshadow a predictable outcome.

Stern’s SEIU is currently in competition with the California Nurses Association, an AFL-CIO affiliate. In Puerto Rico, the SEIU is trying to supplant a militant independent teachers union which is under attack by public authorities. Two of the charges against Rosselli accuse him of disloyalty to the SEIU by ill-defined “contacts” with the AFL-CIO, the CNA, and the Puerto Rico teachers. (Actually, if anything has cramped Rosselli’s ability to prepare for this attack by Stern, it has been his insistence on demonstrating his loyalty to the SEIU by avoiding any appeal for support outside the union.)

Two of the charges, not clear to a nonmember of the SEIU, relate to a dispute over collective bargaining procedures; mixed in with these, is a vague hint at a conspiracy with the CNA and/or the AFL-CIO.

After Rosselli challenged Stern in January 2007, it seemed likely that the Stern forces would use their formal union powers to restrict the jurisdiction of his local and transfer away half of his membership. In an effort to ward off this move, Rosselli’s local polled its members to permit it to express their loyalty to their UHW-W. One charge expresses a disapproval of the referendum as “a phony ballot scheme,” In another charge, Rosselli is accused of chilling the free speech rights of his members. Since no record is cited of earlier appeals by UHW members to the international, this accusation apparently falls out of the blue. (Here the pot calls the kettle black. At AUD we know that Stern faces precisely the same accusation from a wide range of SEIU members.)

This varied assortment of charges seems like a goulash, hurriedly stirred together to make a case in advance of the looming convention.

The first of the seven charges presents defendant Rosselli with an intricate Catch 22 dilemma: The local in effect is threatened with trusteeship for taking steps to defend itself against the imposition of a trusteeship. When the local realized that, in retaliation for its criticisms, Stern was almost certain to try to trustee the local, it decided to take an advance defensive measure. (Its misgivings obviously have proven to be well founded.) And so, the local executive board voted to put money into a separate tax-exempt fund protected from seizure by Stern, with the express aim of defending membership rights.

When a trusteeship is imposed, all local assets are impounded by the international; the local loses control of its money; their leaders are cut off the payroll; and, from then on, the local members and their elected officers, stripped of cash, are deprived of effective means of defense. Without money, the local is incapable of mounting a legal challenge to the trusteeship. But that is not all!

Under federal law, a union trusteeship is presumed valid for 18 months; it has proven to be difficult, nearly impossible, to oust a trusteeship during that 18 months. In that time, the international has total control over the local administration and all its assets. It can use that time, by fear, favor, or purchase, to create its own Quisling puppet regime and to demoralize, suppress, or even expel, its critics.

However, even under a trusteeship, members retain certain democratic rights protected by the LMRDA; but in the main, these rights can be enforced only by private suit. Without money these rights become a fiction because the trustee’s victims can’t afford the costs of a federal lawsuit. The independent fund established by UHW-W, free from Stern’s control, would give members resources to resist the imposition of the trusteeship and, if it is imposed, would help defend their rights while it remains in effect. Consistent with his drive to eliminate opposition, Stern would deprive his critics of their right to self-defense. The first of the charges against Rosselli attacks the local’s right to establish this fund in defense of democratic rights.

In the flurry of controversial exchanges that have cluttered up the internet as this battle escalates in the SEIU, there have been charges and counter-charges over “top-down” organizing, collective bargaining strategy, who stands for what and where, who has the best organizing record, “density” in the market place, centralization v. democracy, mergers and local autonomy. All these are necessary and legitimate subjects for debate and discussion in our evolving labor movement. But, for the moment, these discussions cloud over what is acutely involved in the SEIU.

This conflict is not now just a power struggle between Stern and Rosselli. It transcends any legitimate debate over policy. At stake is not who is right or wrong on critical issues, but whether it is even permissible or possible to have a genuinely free discussion. The suppression of democratic rights inside many of our unions is nothing new (Subscribe to Union Democracy Review for details), but the Stern camp is elevating a common practice into an ideological extreme. Our website will discuss that subject soon.


(For more SEIU-related information, see AUD's list of links to SEIU member websites, and the blogroll on the right of this page. See also SEIU's Fact Checker website.)

Thursday, March 13, 2008

Hoffa soft on Obama and vice versa

By Herman Benson

There must be more to it.

If in quest of change the Democratic primaries had not lifted affairs into the loftier realm of statesmanship, we would have to conclude that this was simply another example of the tired old horse trading politics that so debases life in America. “Obama has indicated willingness to end federal oversight of the Teamsters.” So reported Robert Novak in the Chicago Sun-Times on February 24. In contrast, Bill Clinton indicated that under Hillary, the monitorship would continue. What followed was “The unexpected endorsement of Barack Obama by Teamsters President James Hoffa.” A spokesperson for the Obama office, confirming the accuracy of Novak’s report, told one reporter that the Teamsters Independent Review Board has run its course, that organized crime influence is down, and that the Teamsters are being held to a higher standard than other unions.

The IRB, empowered by court order to act against corruption in the Teamster union, has been an effective force against organized crime. It is true that, on corruption matters, the Independent Review Board has held the Teamsters to a high standard --- that difficult task has been its finest achievement, one that no other agency, government or private, law enforcement or civil, has been able to do before. But not exactly to a standard higher than expected of other unions. The Teamsters are required only to meet anti-corruption standards we should expect --- at least demand --- of other unions. If some other unions fall short, does that give the Teamsters a free pass? Senator Obama proposes to lift the moral standards of the nation’s politics. Could he begin by lowering standards for the Teamsters union?

Is organized crime influence down so far that it is time to jettison the Independent Review Board? That raises an interesting question. Valid or not, how did the Obama team reach that conclusion? It is a fair question, because there is no reason to believe that, in their busy days, they themselves ever had occasion even to think about it. They have been so preoccupied with other pressing matters. Surely they have not had time to consult the IRB itself or its investigating arm which is still busy eradicating ties between Teamster officials and organized crime. Surely they never took time to question the Department of Justice or the presiding federal judge who are giving the IRB full support and have rejected every demand that they suspend their efforts. Surely they never consulted Ed Stier, the man whom President Hoffa himself retained to come up with proposals that could demonstrate that the union would effectively combat corruption if the IRB would only go away.

Ed Stier did his part. After many months of effort, he did design a program which --- if honestly carried out --- could have served as a possible substitute for the IRB. Stier even tried to implement the proposed plan by actually acting to expose crooks in the IBT. Once Hoffa, obviously surprised, realized that Stier took the job seriously and would not serve as a mere PR prop, he lost interest. In breaking with Hoffa, Stier charged that Hoffa was actually sabotaging the anti-corruption campaign. With Stier gone, Hoffa is obviously looking for a new prop for the old PR campaign against the IRB. Along comes the Obama team in the search for votes; whoever it was that decided to go easy on Hoffa must have confined research to the Hoffa PR team.

What is involved here transcends the IRB’s responsibility to act against corruption in the Teamsters union. The Independent Review Board is a pivotal part of a federal monitorship that has given working Teamsters the right to elect their international officers in a fair election. After generations of mob control, intimidation, and murders in the union, the federal monitorship stands as a defense of the right of members to elect international officers by direct membership vote in an honest count, to the right of candidates to equal access to the union magazine during elections. Undermine that system and you undermine the right of Teamsters to control their own union.

Thursday, February 14, 2008

Super-bureaucratization in SEIU: for and against

By Herman Benson

In resigning from the executive committee of the SEIU, Sal Rosselli, president of the 140,000-member United Healthcare Workers of California has made serious charges of lack of democracy in the SEIU.

As a member of the international executive committee he was bound to keep those criticisms within the limits of that tiny group. He resigns from the committee in order to be free to speak out beyond those few paid officials to the broad membership. His resignation is therefore a sign of how serious he feels those charges are. His misgivings are echoed in communications we have received from SEIU members in locals around the country.

In a long reply to Rosselli, three member of the executive committee evade those criticisms. They take refuge in recounting “four historic changes that have taken place in our union since 1996.” It is a recapitulation of how they hope to organize and reorganize the SEIU to serve the American working class. In effect, their presumed achievements and their promises to forge ahead are presented as a justification for a super bureaucratization of the American labor movement. But organizing is no obstacle to democratizing. Quite the contrary.

In the last great drive to organize, the CIO faced a far more powerful, more centralized, and more resistant employer adversary than the SEIU will ever encounter. Nevertheless, the CIO proceeded to reorganize a new labor movement on industrial lines; and neither that reorganization nor those antilabor conglomerates prevented the CIO from infusing the new labor movement with a reinvigorated spirit of union democracy. The apologists for the SEIU would reverse that experience. They utilize the promise to organize as a pretext for undercutting democracy in the labor movement.

Friday, January 18, 2008

After twelve years: Where is that labor-intellectual alliance?

The following piece first appeared in the current issue of New Politics. Comments are invited.

By Herman Benson


Cheerleading is not enough. It’s time for those scholars, artists, and writers to take another look at what’s happening in our labor movement.

When John Sweeney defeated Lane Kirkland and Tom Donahue to take over as president of the AFL-CIO in 1995, he proposed to lead the federation out of its doldrums. What resounded with promise was his call for “a reborn movement of American workers, ready to fight for social and economic justice … a new progressive voice in American life …changing the direction of American politics …a vibrant social movement, a democratic movement that speaks for all American workers.”

Sweeney’s program inspired an unusual outpouring of sympathy for the labor movement. Forty-three liberal and radical professionals, mostly from the universities, joined in a public manifesto proclaiming support for the new labor movement. “As intellectuals, educators, and professionals,” they wrote, “we want to play our part in helping realize [Sweeney’s] promise.” The 43 were followed by hundreds of others who led pro-union “teach-ins” in universities around the country attended by thousands who came to signify a newly found allegiance to organized labor: students, scholars, historians, civil libertarians, writers, free lance intellectuals, civil rights leaders, along with union staff professionals, labor leaders, and a multitude of reporters. Representatives of most worthy social causes were there. (Only grassroots union dues-payers seemed missing.) In the spirit of the times, new labor-oriented magazines proliferated in the universities.

Those who organized the rallies united to create a new organization to cement their unity with organized labor: Scholars, Artists, and Writers for Social Justice (SAWSJ, affectionately, Sausage). It was a moment of great expectations.

Three years later, in “Falling in Love Again? Intellectuals and the labor movement in post-war America,” Nelson Lichtenstein, history professor at the University of Virginia, an author of the 1995 declaration of 43, and a founder of SAWSJ, wrote of “this alliance between a leftward tilting labor movement and a social democratic intelligentsia,” an alliance that was being consummated after decades of estrangement. He recognized that differences were inevitable. “A certain distance will … always exist between America’s critical intellectuals and the trade union movement.” Nevertheless, he reflected, it was a “healthy tension from which we can … ‘bring to birth a new world from the ashes of the old…’.”

After a few years, the euphoria dulled somewhat; and then along came Andy Stern around 2004.

Stern, who had replaced Sweeney as president of the big Service Employees International Union, set out to do unto Sweeney what Sweeney had done unto Kirkland and Donahue. Under Sweeney’s stewardship, Stern declared, the AFL-CIO had failed to fulfill its promises; labor continued to decline in numbers and political power. He and his SEIU would lead the way where Sweeney stumbled. When Stern failed to convince a majority of top union leaders that he had an effective plan to rebuild and reorient the labor movement, he led a formidable group of unions out of the AFL-CIO, and along with the Carpenters which had left earlier, he founded a rival federation, the Change to Win Coalition.

But this time, unlike 1995, there was no resounding echo from intellectuals to the renewed call for another crusade. What happened to SAWSJ? It seems to have vanished as quickly as it had appeared, but without fanfare. Apparently, life had become too complicated for mere enthusiasm.

For a group that staked a claim to leadership in reinventing labor and restoring America, Change to Win was an odd multi-coupling, Earlier, three of its major affiliates had been on the Department of Justice’s list of unions most heavily infiltrated by organized crime: the Teamsters, Laborers, and Hotel workers. The Teamsters union is still under active federal monitorship. The former suspect presidents of both the Laborers and Hotel workers, under pressure of law enforcement authorities, had been forced out and replaced by leaders with a reputation for integrity; but neither union experienced any internal reform upsurge. UNITE, another C to W affiliate, defunct as a clothing union, took refuge in a merger with the Hotel Employees. The Carpenters union, even before linking up with Stern, had already reinvented itself as a model of bureaucratic super-centralization.

While Sweeney’s insurgent rise in the AFL-CIO was greeted with unalloyed enthusiasm by intellectuals who welcomed the opportunity to serve a reinvigorated labor movement, Stern’s emergence as a new kind of leader meets with a muted reception because his promise for Big Change carries a mixed message: On the one hand, his drive to organize immigrants and minorities, the super-exploited of America, inspires a sympathetic response from social-justice liberal and radical intellectuals. On the other hand, his vision of the future labor movement (if you can properly characterize his erratic oscillations as “vision”) evokes puzzlement. It projects a highly bureaucratized top-down labor movement in which the influence of the rank and file is limited. Insulated from democratic control, its leadership is free to move unpredictably. While Stern’s Change to Win delegation in China stands together with the dictatorial government’s sponsored labor organization in a slap at Wal-Mart, Stern stands together with Wal-Mart in the United States, in a joint declaration for a never defined government-sponsored universal health care system.

For unions in the Change to Win coalition, a concentration on organizing low-paid service workers comes naturally. The big industrial and manufacturing unions, which remain in the AFL-CIO, face a crisis of survival. They represent a layer of the working class that had once been reasonably well-paid and secure but now faces cutbacks in wages and jobs, global pressure from low-paid labor, plant closures, and a sharp drop in union membership. But the C to Win unions are concentrated in the expanding service sectors free from foreign competition. The Laborers – a C to W affiliate --- organizes the unskilled section of the construction industry where minorities and immigrants, legal and illegal, can find work. The Carpenters union is reaching out to organize immigrants, documented and undocumented. (See Wall Street Journal12/15/05)

The call to organize the unorganized has always been a motherhood affirmation, often proclaimed, seldom achieved. Back in 1961, in “The Decline of the Labor Movement, and what can be done about it,” Solomon Barkin, issuing an early warning signal, wrote of the need for a “transformation …as radical as that of the Thirties, when the dominance of the old crafts, with their ‘aristocrats of labor’ viewpoint, was swept away in a flood of industrial unionism.” “Ethnic, color, and religious discrimination within unions must yield before the insistence on equal opportunity for all. Unions must intensify their pressure for economic, social, and political uplift for minorities, with special vigor for our current largest minority, the Negroes.”

“There is no area,” he concluded, “where the shift in power and initiative is more urgent than in the field of organization…. Vested rights of national unions must not be allowed to stand in the way of the transcendent interests of the movement as a whole.” Barkin was the prototype intellectual, serving as research director of the Textile Workers Union. His 75-page work was published by the Fund for the Republic’s Center for the Study of Democratic Institutions. No one seemed to pay attention. For forty years, the downward drift continued.

But now? At last there was a difference. Stern’s SEIU and others in the new coalition actually set out to put words into action. They insisted that the labor movement had to address the needs of those sections of the workforce neglected and most exploited: racial and ethnic minorities, immigrants, healthcare workers.

In its concentration upon the most neglected sectors of the working class, in words and deeds, Stern’s appeal resonated among intellectuals, especially those who had criticized the labor movement precisely because they felt it had neglected the most oppressed. Many of those who had come out of the radical student movement of the sixties or were inspired by its tradition, had once looked down with disdain upon the organized working class as a privileged minority whose comfortable status depended upon sharing in the exploitation of the oppressed masses. And now, a labor movement under Stern’s guidance was directing itself precisely toward those oppressed! It was only natural that Stern would begin with the moral support of intellectuals who had responded to the early appeal from Sweeney. He could enroll in his campaign civil rights campaigners and students who had been active in a roster of worthy social causes.

But it turned out that there are more things in the Stern-SEIU philosophy than enrolling the oppressed.

Stern emphasizes that the labor movement must increase its numbers massively if it is to be taken seriously as a political force. He is determined to get those numbers willy-nilly, not bound by any rigid preconceived rules on how that mass is to be recruited, retained, and deployed. It seems like a variant of an old watchword: peaceably if we may, forcibly if we must; almost anything goes.

If employers resist, Stern’s SEIU will mobilize mass demonstrations, call strikes, and rally support from the community groups like ACORN to pressure them to accept unionization. In the course of those battles, the union usually does more than improve its enrollment statistics; it raises the wages of those immigrants, women, and minorities who serve as underpaid janitors, sweepers, cleaners, and semi-skilled maintenance workers. It is this aspect of life in the SEIU-inspired Change to Win assemblage that has impressed older radicals and has provided young idealists with the opportunity to do something socially useful. But nothing is perfect --- there is the other side.

For employers who are willing to cooperate, Stern displays a soft side. If they accept unionization peaceably, he will hold out the hand of cooperation and provide a pliable brand of unionism. As he told reporter Kris Maher of the Wall Street Journal, “We want to find a 21st century new model that is less focused on individual grievances, more focused on industry needs.” That spirit of making unionism acceptable to employers was incorporated into agreements he signed with a West Coast nursing home employers association which agreed to accept the unionization of 42 of its affiliates if the SEIU agreed to stay away from 185 of its nonunion affiliates.

Stern looks to work with amenable employers to restore union power. On a broader arena, he hopes to join with big business somehow to restore America’s economic position in the world. And not with your ordinary CEO. “Mr. Stern told me,” writes Alan Murray in the Wall Street Journal (5/30/07), “that he much prefers working with the buyout kings than with their public company counterparts. ‘Í’ve been incredibly impressed,’ he said, ‘Compared with most of my meetings with company CEOs these men… have much more understanding of what we are trying to accomplish’.” It makes sense. Freewheeling managers of masses of workers and freewheeling managers of masses of capital can understand one another.

This is a man hard to pin down. He is, by turns, militant and acquiescent. He is for “social change” but in close cooperation with buyout capitalists. He renounces labor’s dependence upon Democrats --- which warms the blood of many progressives --- but he projects not a rebellious surge toward independence but a willingness to work with Republicans. The element of ideological consistency that holds these contradictory ideas together is some notion of restoring labor’s power, but in concert with cooperating employers. The cement that solidifies his base and enables him to fly off in all directions is good old-fashioned centralized bureaucracy. .

Consider Stern’s dismissal of the importance of “individual grievances.” In a reasonably democratic union, dues paying union members will naturally demand proper attention to their grievances, a concern which may not seem vital to impatient leaders who, remote from the job site, are preoccupied with what they are convinced are bigger things. If job stewards are elected by the rank and file (in an honest count), if local officers are truly dependent on the members because they face the real possibility of organized opposition, they will be sensitive to membership demands and less likely to jump to attention at orders from above. That helps explain why the Stern forces disparage the advocacy of union democracy and rely heavily on appointing officers of huge new locals.

Stern wrote, “Workers want….strength and a voice, not some purist, intellectual historical, mythical, democracy.” As Steve Lerner, a Stern braintruster, put it, “Considering union democracy as only a question of how a union is governed is too narrow…. If only 10% of workers in an industry are unionized, it is impossible to have real union democracy because 90% are excluded.” However, if members must wait for democracy in their unions until democracy permeates industry, they may have to wait forever.

To pursue a flexible maneuverist course, to be free to jump from here to there, Stern would create or recreate the labor movement in the kind of bureaucratic mold that allows the leaders on top to free themselves from interference by the rank and file below and deploy the new union power as they see fit, presumably in the best interests of those oppressed and voiceless masses below awaiting liberation into the future industrial democracy. In that view, industrial democracy appears not as an achievement of democratic unionism but as a far off pie-in-the-sky substitute for it.

To achieve great goals, Stern seems convinced, unions must be bureaucratized. Locals are merged into new huge sprawling units with geographically extensive jurisdiction; and, as permitted by federal law, the officers of these new locals are appointed, not elected. The structure becomes so broad and so complicated that it is difficult for any local-wide caucus, independent of the officialdom, to take shape. The room for rising outside of the power structure is narrowed. It becomes increasingly difficult to achieve any paid position without approval of the top officialdom.

Monopoly control over all paid staff is carried to ultimate perfection in the Carpenters union, an affiliate of Change to Win. In that union, no one, appointed or elected, can hold any paid position in the locals or councils without the endorsement of the top Executive Secretary Treasurer of the council. Locals are not permitted to pay their own elected officers. The SEIU has not reached that peak of organizational perfection, but it moves inexorably in that direction.

In June 2006, the SEIU announced that its International Executive Board had decided to merge all 600,000 members in California into a few new mega locals. The decision was to be submitted to a statewide membership referendum. We have heard of show-trials. This was a projected show-referendum. Anyone in a position of authority was required to support the IEB decision; none of them could oppose it. As the directive put it:

“All local unions, union officers, and assigned staff must fully cooperate in the implementation and transition process to assure that this decision is carried out in an orderly fashion…. No union funds, resources or staff may be used to oppose, interfere or undermine in any way the IEB determination in this matter.” We assume that any rank and filers, without office, could use their limited individual resources to campaign against the plan on their free time and try to reach those 600,000 scattered over the whole state.

Local 521, with over 45,000 members is one of those new locals with an appointed, not elected, leadership. (Five two one = five locals into one.) Applicants for appointment to the new executive board must signify their acceptance to an eight-point “Code of Conduct” which in addition to various harmless declarations includes the following: “2. I will not …engage in personal attacks on other members, staff, or leaders at union meetings, in the press, or other literature or venues. I will be mindful that e-mails could become public, and will not disparage other leaders, staff, or members in any such way that could become public either intentionally or not… 3. …Once a decision has been made, I will support that decision to members and others. I am not giving up my right to speak and make my position clear, but as a member of the board or committee, I will support the decision once it has been made. 4. I will not …take … legal action against the union or its leaders and other committee members for actions they take in their legal role as leaders, as long as I remain a member of this appointed board or committee.”

Where critics are effective in making their case, unload the opponents. In Massachusetts, where the SEIU completed its familiar surgical process of carving up and rejoining the parts of nine locals into one new 13,000-member Local 888, complete with an appointed officialdom, University of Massachusetts employees organized a caucus to campaign for the kind of democratic setup they had enjoyed in their old locals. After a thousand members petitioned the international for the right to elect officers and stewards, the SEIU solved its problem by getting rid of 2,300 of those university employees. They were subtly encouraged to leave the SEIU and join the Massachusetts Teachers Association.

As small locals were merged into large locals and large locals into jumbos, complaints mounted from rank and file activists and local officers of a “top down” management style by condescending leaders, often appointed from above. But these objections could be discounted as gripes from the usual suspects: from inveterate malcontents or from old-fashioned dreamers who are comfortable only in intimate units and who feel out of place in the newly centralized power machines.

But others began to ask questions. Under the auspices of the Committees of Correspondence a group of two dozen labor activists, a few in the upper ranks of their union hierarchies, met in New York in February 2007 for a full-day discussion on how labor could advance an effective program on health care, immigrants’ rights, and the war in Iraq. This is a group that enthusiastically shares Stern’s emphasis on the need to organize minorities, women and immigrants. Nevertheless even though the subject was not on the agenda some participants, according to an official report on proceedings, expressed misgivings over “some leaders” embracing “partnerships with employers– possibly another term for class collaboration.” One union official feared that “some unions which have a militant history are losing their democratic and militant character.” Another “addressed ‘commandism’ on the left and within labor.”

Jerry Brown was president of the SEIU’s big New England Health Care Local 1199 and prominent in progressive causes. He is not keen about opening disputes in the labor movement to public scrutiny. In a review of a book by Andy Stern, Brown writes, “My only caveat about leaving the AFL-CIO was that the dispute was carried out in the pages of the New York Times, on 60 Minutes, etc.” Now retired however, he seems somewhat free, if reluctantly, to mention some of what’s been bothering him. After paying due respect to author Stern, his talents, and his contributions to the movement, Brown speaks his own mind on the key issues where he thinks Stern “goes off track.”

On partnership with employers: “What is not explained is that the most successful efforts are the payoffs for years of struggle, strikes, and other conflicts with employers, conflicts that engaged many members and built strong membership organizations. In contrast, the SEIU recently has entered into cooperative relationships” that deny “employees many of the basic workplace protections and rights that most traditional union contracts provide.”

“Unfortunately, some of these ‘alliances’ are highlighted by Andy as examples of a new way of thinking about our role and mission.”

On democracy and the rank and file: After paying tribute to Stern for leading “rallies, sit downs, marches, and even strikes,” Brown goes on, “Unfortunately, our approaches in other industries does not involve the members at all until…. we deliver the employer some benefit…. We have to ask ourselves if these methods can produce a real democratic workers organization or if it is more likely that they will produce a ‘membership’ that is as alienated from the union leadership as it is from the employers…. the very antithesis of true rank and file unionism.”

On “consolidation of unions into ever larger units”: “Larger is often better…. But how do we do this and still have workers make the crucial decisions in their own workplaces…. How do we make sure there is real democracy in choosing and electing union officials? Andy continues to stress the importance of consolidation…. He does not address the necessity of preserving effective democratic processes….”

Summarizing the issues: “Without a question …discussion and debate should take place at every level of SEIU.” [Extrapolating the advice for the intellectuals, discussion should flow at every level in and around the labor movement.]

But how many troops do these critics have? So far, all these complaints might be ignored by Stern or others impressed by raw power. Rank and filers speak with a small voice; radicals are reduced to strong opinions; Brown has moral force but no continuing clout. But what cannot be shrugged off is an insistent dissent from within the SEIU itself, from the United Healthcare Workers-West, a 140,000-member local in California.

According to the UHW-W, the SEIU agreement with an association of 284 nursing homes in California was not simply unacceptable; it amounted to “company unionism.” By implication, the criticism transcended the immediate issues of the California agreement; and the charge came not from perennial malcontents but from the responsible leaders of a major SEIU affiliate.

In a detailed analysis of the agreement, UHW charged that negotiations had “evolved into a substitute staff-driven process” and “a fundamental lack of membership involvement, running contrary to our constitution and bylaws as well as our standard practice.” According to UHW the agreements banned the right to strike and provided only limited provisions for arbitrating disputes; employers retained the unilateral right to change the economic terms of the agreement; no provisions for paid vacations, holiday, or sick leave; no seniority; strict limits on the number of stewards, undermining “work site member empowerment and activism in the union.” In summary, according to the UHW, the units created under the agreements “may come close to becoming … company unions.”

Twenty thousand members signed petitions backing the UHW. The protests were so overwhelming that the SEIU was impelled to backtrack and reject renewal of the agreement. When so many unionists, directly affected, repudiate a key element in Stern’s way, can our labor intellectuals fail to notice?

Back in 1995, when that gathering of radical and liberal academics and their thousands of sympathizers rallied for labor “teach-ins” around the country, life seemed simple. No need for intellectuals to over-intellectualize. They responded to Sweeney’s call for change; they offered moral support to the new labor movement; they volunteered services; they helped restore labor’s image as a force for social justice.

But now there are more things than were dreamed of in 1995. Now come Andy Stern, the Teamsters, and Change to Win. They may succeed in building a stronger labor movement. Maybe. That is for the uncertain future. What is certain for the present is that they are already constructing the model of a new labor movement: more bureaucratic, more highly centralized, and more remote from the grassroots than ever before.

At other times, such a trend might have provoked concern from freedom-loving, social justice intellectuals. So far, no. If the future of the SEIU and of our labor movement merits “discussion at every level” so does the future of the intellectual-labor alliance.

A special dilemma confronts those who were drawn to Stern and the Change to Win by their experiences in the New Left or out of its tradition. They sought social change through participatory democracy. They turn now to the labor movement, especially to Stern and the SEIU, to find a powerful force for social change. But where, they might ask, is the participatory democracy?

Where do intellectuals fit in? In 1999, with the help of SAWSJ and its affiliated professors, the AFL-CIO Organizing Institute published “Faculty @ Work,” a 74-page letter-size, how-to manual for professionals in the universities who want to help restore workers’ rights to organize. The guide offered a wide-ranging program of activism: classroom inspiration for students, opportunities for internships and jobs in unions, unionization of faculty, blue and white collar staff, and adjunct teachers in universities. Above all, educators could use their prestige to rally community support for union organizing campaigns, and put pressure on anti-union employers.

Linda Chavez Thompson, AFL-CIO executive vice president, called upon “faculty and staff” to join “in making the world a little more humane, fair, tolerant, and equitable.” Sweeney wrote that “SAWSJ, students, and faculty are pumping new life into our movement.”

In the euphoria of those days, little debate was in order; everything would surely work out; labor was newly on the march; it was enough to rally support. But that was ten years ago. Since then, with a split in the labor movement, what was once posed so simply has become complex. Are those SAWSJ enthusiasts to be public relations cheerleaders? Are they to offer their talents as professional technicians? What is their role as independent-minded, critical thinkers?

Discussion on the fit between labor and intellectuals has persisted ever since there has been a labor movement.

Back in 1923, along with pamphlets by Scott Nearing, Stuart Chase, Norman Thomas, and Harry Laidler --- intellectuals all --- the League for Industrial Democracy published a 33-page work by George Soule entitled “The Intellectual and the Labor Movement.” As a guide to how intellectuals might serve unions, it is remarkably similar in spirit to the AFL-CIO manual 76 later. In his brief introduction, Laidler reminded readers that “many years ago… Peter Kropotkin wrote his famous appeal to young ‘intellectuals’ to cast in their lot with the labor movement.” I remember Kropotkin’s “Appeal to the Young,” --- which is still buried somewhere in my library--- because, at 16, I found it so inspiring. “The never-ceasing struggle for truth, justice, and equality,” wrote Kropotkin, “ will give you powers you never dreamt lay dormant in yourselves.”

But author Soule was not to be diverted into any extended discourse on misty ideals. He was preoccupied with how intellectuals might find practical entry into the labor movement and how they would handle themselves once there. He cautioned, “…the intellectual who has a romantic picture of the labor movement should remember that the rank and file of those who compose it approach it from a different ground and with a somewhat different purpose.” Once the intellectual sheds his illusions, “In the fields of trained technical assistance labor ought to expect much of the intellectual.... the intellectual can better aid the union by doing his own job well for the union than by trying to do the union’s job for it.”

Soule goes on to tell intellectuals, much like the AFL-CIO 76 years later, where they can find opportunities for professional service to unions: teach classes, provide legal, editorial, and accountancy expertise, publicity. Thirteen pages from commentators offer addresses for job opportunities and where to turn if intellectuals want to form their own unions. But in this preoccupation with technical and professional services, something was missing.

Labor needs intellectuals; intellectuals need labor. That their interdependence is once again accepted as established truth is one lasting benefit of Sweeney’s rise in 1995. But no need for a union job mart for intellectuals. In the search for a practical niche for intellectuals in and around unions, the danger is that both sides will lose sight of the basic force that binds them together.

Gus Tyler is an intellectual who was embedded in the labor movement as assistant president to David Dubinsky in the ILGWU. Back in 1973 in the American Federationist he wrote (even while cautioning against exaggerating the power of intellectuals) “… the anti-establishment intellectuals who can be found on the campus, or in the media, or in social work…. are educated, fairly affluent, articulate, and genuinely influential, they are a meaningful force in shaping public opinion in this country….” It is that ability to help shape public opinion that makes intellectuals so valuable an ally; they provide a public stamp of moral approval for unionism and thereby reinforce its political and social power in the nation.

Liberal and anti-establishment intellectuals share with labor the goal of social change; they want a more just, more democratic, more equalitarian society. The labor movement offers the social power that can transform ideals from dreams into reality. That combination, the power of unions and the aspirations of intellectuals is the basis of their alliance.

In January 1997, the Cornell School of Industrial and Labor Relations invited academics who were in New Orleans for the annual conference of the Industrial Relations Research Association to a discussion on how to participate in “restoring and renewing historic ties between the labor and academic worlds.” In issuing the invitation, Sumner Rosen wrote of the hunger among students and teachers for a force on the side of economic and social justice with which they could connect.”

The intellectuals’ chief value to the labor movement derives not from their talents as professional technicians or skilled PR writers --- unions have been hiring all that kind of help they need--- but from their reputation for sharing peoples concerns, for impartiality, for independent-mindedness, wearing no one’s collar. (By jealously defending their “tenure” rights, academics preserve that reputation.) With their endorsement, the labor movement frees itself from the image of a narrow self-interest group and comes forward as a broad people’s movement. That contribution is the intellectuals’ key service to the labor movement; no other group can provide it as effectively.

Unions cannot buy that kind of service because once bought, it depreciates. People who suspect the motives of a hired mouthpiece can respect an independent voice. Intellectuals remain a valuable ally only by remaining independent and critical. Once they become kneejerk apologists, their value deteriorates. A successful alliance requires mutual respect: allies working in unison, but freely and independently.

There’s the rub. Can union leaders, always super sensitive to anything that might challenge their authority, even remotely, tolerate intellectuals who feel free to speak their mind. On the other side, will intellectuals, (aware of that depressing quality of labor leadership) refrain from speaking out frankly for fear of losing access to established union power? These questions are posed now precisely because this is a time of rapid change in the labor movement when discussion should be free and frank. There is the opportunity: expansion of union economic and political power. There is the danger: intensified bureaucracy and the suppression of union democracy. These are serious questions.

Intellectuals spring to the defense of one of their own against attack from employers. Kate Bronfenbrenner, an academic at Cornell, is one of the most prolific and insightful commentators on our emerging labor movement. Around 1998, she testified at public hearings on a bitter strike at Beverly Enterprises and sharply criticized the nursing home company. Outraged by what it charged was irresponsible meddling by an academic, the company delivered a stinging protest and filed suit against her. Because she was not a tenure-track faculty member at Cornell she was vulnerable; the fear was that the university might buckle under company pressure and invent a pretext to drop her from the rolls. Hundreds of professors, around the country, signed petitions on her behalf. Cornell got the message: it ended by coming to her defense; her job was saved.

But how different the course of events when the need was for protest against pressure from influential labor leaders.

In 1988, after another series of building trades scandals, the Cornell ILR Press published the interim report of the governor’s Organized Crime Task Force on corruption and racketeering in the New York City construction industry. It was a remarkable product. It placed the blame for corruption impartially on crooked employers and union officials; if anything, more on employers: “Corrupt contractors are equally, if not more culpable than corrupt union officials.” It noted that union members themselves were victimized and recorded the efforts of reform leaders to oust racketeers. It pointed to union democracy as an antidote to corruption: “One possible strategy involves fostering union democracy by assuring workers control over their unions and assisting them in imposing accountability on their union officers. Democratic structures and procedures …can make more likely the election of officials who work on behalf of their members rather than their own self interest.”

Two years later, the task force’s final report was ready, but this time Cornell refused to publish it. High officials of the New York State Federation of Labor had denounced the publication of the earlier interim report. Cornell yielded to the pressure. No outcry of protest from academics, not even a public whisper. The final report had to be published by the NYU Press. (Its author, James Jacobs, is an NYU law professor.)

(In some respects, the final report was more remarkable than the first. It concludes with a tribute to union reformers: “…’dissident’ workers in many construction unions are willing to raise their voices against incumbent racketeers…. We conclude by dedicating our Final Report to these courageous men and women whose faith in American values, institutions, and laws has been an inspiration to us during our labors on this project.” P. S. Governor Cuomo postponed publication of the report for many months until an election was over. Then it was released without fanfare, filed, and forgotten.)

No academic protest against Cornell’s cave in? But, one might demur, that was five years before those 43 intellectuals cemented their alliance with labor. Consider then the case of Robert Zieger, who, in 2001 submitted a paper to Labor Heritage, entitled “‘Black and White, Unite and Fight’? Race and Labor in American History.”

Labor Heritage is a glossy official AFL-CIO magazine that exudes a scholarly aura and makes space available to academics, especially to those who recount great labor struggles of the past canonized by time. Robert Zieger, a labor history professor at the University of Florida, is the author of “The CIO: 1935-1955,” (a 500-page major work acclaimed as a “classic” by David Brody) and of “American Workers, American Unions, 1920-1985.” His credentials as acceptable writer for Labor Heritage received an inadvertent boost from Dan LaBotz who, reviewing Zieger’s CIO book in the Marxist Against the Current, (9-10/95) criticized him as a labor establishment spokesman. “This …history is fundamentally an apology for the labor bureaucracy,” wrote LaBotz.

He had presented his piece, Zieger explains, “to promote dialogue between academics such as myself and men and women active in the labor movement.” It was accepted by Labor Heritage ---at first. But to his surprise, some months later, Michael Merrill, director of the George Meany Center, informed him that, in an editorial change of heart, it was rejected. What bothered Merrill was not some individual inadequacy of Zieger’s work but a heretical deviation from what was acceptable to the AFL-CIO. Merrill conceded that it “does clearly and concisely present the currently prevailing conventional wisdom within the academic community about the labor movement's record on race.” But he noted that the paper “does not fit with the new editorial direction” and that it “does not …give sufficient credit to the diversity of [the labor movement’s] record, especially in the AFL era.” It was a blunt warning to “the academic community” to toe a politically correct line if they want access. The implication is depressing: if labor’s keepers of the seal cannot permit criticism of its past record, how much more intolerable will they find any frank criticism of its current practice.

Zieger suggested that fellow academics “take my sobering experience into account.” They didn’t. There was no petition outcry against this union-imposed censorship.

What is the role of intellectuals in the new alliance? As hired hands or volunteer professional technicians, their value is minimal. In all their books and articles that abound from university presses, we don’t read much about their practical work out in the field. They don’t go out to organize. They don’t spend time in the union office. They don’t handle grievances. They don’t canvass for votes. Some of their students, while still young and vigorous, may volunteer for the grueling work; but those professors, those academics, are celebrated for their writings and lectures on labor history, on the significance of new trends, estimates of progress, on the broad future of the labor movement as a force for social justice. They can best fulfill a role as labor’s advocate when they also serve as labor’s conscience.

Both sides of this alliance have a problem. Labor leaders want to bask in the glow of support by eminent intellectuals. But, jealous of their power in their unions, they are sensitive to anything that might question it. They set limits; they want unalloyed endorsement, not frank criticism.

Those professionals and academics who have answered the union call --- in the hundreds or thousands --- are convinced that the labor movement, at last, is going their way. They are eager for access to that power. Unions pay tuition fees for union members to attend their classes. They direct their students to unions as paid interns. Unions back their publications. Eminent labor leaders endorse their conferences. Unions finance research projects. To safeguard those connections, which seem so vital to the cause of social justice, they need only to submit to a measure of censorship, preferably self-censorship, which is something that Robert Zieger discovered to his dismay.

But there are flaws in the adjustments so essential to this happy coexistence. If labor leaders insist that intellectuals toe the official line, they risk destroying their credibility as impartial advocates in the public arena. If intellectuals submit to those limitations, they risk losing their soul.

All these overhanging questions arise because Andy Stern, a would-be savior of the working class, is constructing a new labor movement based on ambiguous and contradictory principles: organize the oppressed but insulate union power from the influence of the rank and file.

The rising sector of the labor movement can be aggressive and then compliant; it focuses attention on neglected minorities and then treats them with contempt; it declares independence of the Democrats and seeks arrangements with the Republicans; it hails democracy in industry but derogates democracy in unions.

Objections can be anticipated: “We must be realists, not dreamers. There can be no perfect democracy. Unions must be centralized for battle against a powerfully organized foe. If workers can sometimes be manipulated into unions from above, why not? Sometimes it is necessary to maneuver or compromise or cooperate with employers. If in this dog-eat-dog world all this is necessary to build a stronger labor movement, so be it. Etc., etc.”

It is not merely a question of scrutinizing the validity of the details of Stern’s program or practice. Obviously I have my opinion; others will have theirs. Each move taken by itself may be the cleverest scheme in the world. There have always been persuasive arguments for freewheeling realism, compromise, and opportunism. However, after all is said, intellectuals must ask, “Is this what we had in mind? In this what those Scholars, Artists, and Writers expected when they responded to Sweeney’s call for “a reborn movement of American workers, ready to fight for social and economic justice…a new progressive voice in American life …changing the direction of American politics …a vibrant social movement … a democratic movement that speaks for all American workers.” In short, what kind of labor movement are we building?

Intellectuals are ready to serve the labor movement. But can the labor movement adjust to an alliance with outspoken, independent-minded critics. SAWSJ, where are you when we need you?

Wednesday, November 07, 2007

Toussaint in TWU Local 100: How to lose friends and alienate people

Roger Toussaint, president of Transport Workers Local 100, has perfected the art of how to lose friends. He was elected in 2000 to lead this union of New York subway and bus drivers at the head of New Directions, an insurgent slate, a caucus that had campaigned consistently for more democracy and militancy in the union. Once elected, he did adopt a more militant stance in the face of the Metropolitan Transportation Authority, the mean and overbearing employer of most of his members. But democracy? That was something else.

From the outset, he began with a reputation as a new, fresh type of labor leader. After leading a short subway strike, he endeared himself momentarily, to some of the more advanced elements in and around the labor movement. He was cheered by a packed crowd of academics at the City University of NY, honored by labor historians, invited to make the keynote address at the statewide convention of the Public Employees Federation.

Chief among those who were favorably impressed was The Chief, New York's civil service weekly, a pro-labor tabloid that provides the main source of dependable information about public employee unions in the city and state. Its early news stories and editorial comments were important in furbishing Toussaint's enviable public reputation.

But abruptly, Toussaint and The Chief have fallen out. Despite its early services, he now treats the paper like a hostile element. His problem is that The Chief, even while acknowledging his virtues, has remained independent and impartial. That's what Toussaint cannot tolerate. That's why he turns friends into enemies in his own union. He demands uncritical, unquestioning subservience.

Promptly after Toussaint was first elected in 2000, the New Directions caucus that propelled him into office fell apart. Although New Directions had campaigned for years on a platform of unleashing the democratic spirit in Local 100, Toussaint, the new president, insisted on exercising the unilateral right to fill every paid staff position by presidential appointment, free of control by the executive board. The founders of New Directions, like Noel Acevedo, newly elected secretary treasurer on the New Directions slate, went into opposition. Even while continuing to credit Toussaint for fine work in administering Local 100 affairs, The Chief reported the views of his critics in its news stories and gave them space in its Letters to the Editor columns. (You've probably never seen anything like these L to E contributions. Writers have extended, even tedious, space for self-expression on anything remotely relevant and are free to denounce The Chief and its editor, Richard Steier.)

So it went. In 2006, when Toussaint ran for reelection to a third term, he faced four opponents. (One opposition ticket was supported by John Samuelsen, a former close Toussaint supporter whom he had excommunicated over some minor disagreement.) Toussaint regained the presidency but without a majority, with only a 45% plurality. The Chief duly gave full coverage to all sides, including Toussaint's rivals, with more, many more, letters to the editor. With all that, Toussaint was still doing fine in the paper's pages.

All went well until the brief Local 100 strike on New York subways and buses at the end of 2005. In editorial comment, The Chief mildly criticized Toussaint's handling of the strike; but relations became really strained in the strike aftermath.

Penalized for violating the state's law against public employee strikes, Local 100 was fined over a million dollars and lost the right to receive dues by automatic payroll checkoff. So the union now campaigned to convince members to pay dues by voluntarily authorizing regular deductions from bank deposits or credit cards. It was rough going. After the first round of appeals, 50% of the members had complied. The Chief found this a poor performance by Toussaint; in our Union Democracy Review, we commented that it was an encouraging beginning. (The glass was half full!)

Now, Toussaint was obviously becoming edgy. John Samuelsen, formerly so loyal a Toussaint henchman, distributed a letter to the Local membership urging them to support the union by paying their dues. But because he had written some derogatory words about Toussaint --- essentially, pay your dues despite Toussaint --- he was summarily removed as job steward. Now, in a pointed editorial comment, The Chief reproved Toussaint for arbitrary, authoritarian behavior: “Mr. Toussaint...has gone too far in stripping Mr. Samuelsen of a shop steward position to which he was elected last month....” A few weeks later, The Chief editorialized “Mr. Toussaint...has stopped talking to us because we haven’t censored his critics.”

Meanwhile, Local 100 continued its campaign for voluntary dues payments. When a Chief reporter called the union to ask how the drive was going, he was told to get lost, a sign of how deeply the union's relations with the paper had deteriorated. Editor Steier explained:

"They told …reporter Ari Paul that there is no reason to supply such data to a newspaper whose coverage of the union they [distrusted] … What seems to have particularly annoyed Mr. Toussaint and his acolytes is a series of letters by in-house critics regarding his leadership and the prominence sometimes given to some of those critics in our news stories…."

A week later, more was to come: In the 2006 election, a Toussaint opponent had been elected vice president of the Private Bus Lines division. But just a few months into the three-year term, he accepted a management job and resigned his union post. Another battle inside Local 100. Members of the division, which had supported Toussaint's critics, called for an election to fill the vacant spot, arguing that the local bylaws required an election, but Toussaint, disagreeing, insisted that the executive board, now under his control, could fill the position by appointment, a position upheld by the TWU international president.

After reporting the straight facts, as usual and at length, The Chief commented in an editorial: "We have no way of knowing which side is right…. But it is untenable for the Local 100 leader to on the one hand demand that members rally to his side for the greater good of the union, and on the other insist that one segment of the rank and file be denied the right to democratically choose their representative on the executive board…."

The Chief started out solidly in Toussaint's camp. You would imagine that any public figure would carefully cultivate that kind of asset. Instead, Toussaint managed to alienate it. That talent for turning friends into critics helps explain how he has succeeded in alienating so many in his own local. Still, after all this, The Chief editor still keeps a small warm spot open for the big man. In July, Steier quoted a former Toussaint admirer "who spoke conditioned on anonymity out of concern about Mr. Toussaint's tendency to react harshly to what he perceived as criticism…said … that for all his flaws he is a cut above most union leaders. 'Roger is a diamond,’ this man said, 'Maybe in the rough, but a diamond.'"

For that kind of comment, you need the protection of anonymity! Maybe Local 100 diamonds must always be called perfect, never rough.