Vermont Workers’ Center at the Fore of Health Care Advocacy
VT Digger - January 12, 2014, by Morgan True - Last week’s pro-universal health care demonstration during Gov. Peter...
VT Digger - January 12, 2014, by Morgan True - Last week’s pro-universal health care demonstration during Gov. Peter Shumlin’s inaugural address drew attention locally and nationally, and left many wanting to know more about its organizers — the Vermont Workers’ Center, which has grown substantially in the past five years.
Founded nearly two decades ago as Central Vermonters for a Livable Wage, the nonprofit labor and human rights group has evolved into a substantial grassroots organization.
In 2001, as the Vermont Workers’ Center, the group affiliated with Jobs With Justice, a national pro-labor group, and is essentially that organization’s Vermont chapter. VWC founded the Health Care Is a Human Right campaign in 2008 because the cost of medical care and health insurance was creating crises for its members that “transcended” the workplace, according to the group’s website.
The campaign is viewed by some as a model for health care advocacy in other states.
Since launching the Health Care Is a Human Right Campaign, VWC’s annual budget has grown from $154,500 in 2008 to $638,700 in 2012, the latest publicly available tax filing from the group.
James Haslam, VWC’s director, said its current budget is close to $800,000, a more than fivefold increase since the campaign began. The money comes from donations and foundation grants in roughly equal parts, Haslam said.
The Ben & Jerry’s Foundation is its largest grantor, providing $50,000 this year, Haslam said. It has given the group $160,000 since 2010, including $35,000 to offer guidance to similar groups across the U.S. Grantees are voted on by a committee of Ben & Jerry’s workers, according to a statement.
“The Ben & Jerry’s Foundation supports grassroots organizations throughout the U.S. that are working for progressive social change and a more equitable society,” according to the foundation’s statement.
VWC also chose to start collecting dues from its members in 2014, Haslam added. The dues follow a sliding scale based on members’ ability to pay, he said.
The grassroots activists have strong affiliations with national labor and human rights groups including Health Care Now, Labor for Single Payer, National Economic and Social Rights Initiative, The Center for Popular Democracy and the Grassroots Global Justice Alliance, according to Haslam.
Kate Kanelstein, VWC’s lead organizer, is on Grassroots Global Justice Alliance’s national coordinating committee. Kanelstein was among those arrested during Thursday’s sit-in in the House chamber.
“We’re part of a broader people’s movement to turn things around for working people,” Haslam said.
Those connections have helped propel VWC to the forefront of national activism on universal public health care.
The National Economic and Social Rights Initiative provides strategic advice and training to VWC and similar groups throughout the U.S., said Anja Rudiger, director of programming for NESRI.
VWC has successfully, and appropriately, according to Rudiger, applied the principles of human rights advocacy to health policy by focusing on the hardship of individuals, rather than the “nitty-gritty” of policy debates.
By reframing access to health care as a human rights issue, VWC and others are able to highlight the injustices of the high cost of medical services and a for-profit health insurance system.
There are now Health Care Is a Human Right campaigns in Maryland, Pennsylvania and Maine. Groups in Oregon and Washington are also hoping to model health care advocacy work on the template created by VWC.
VWC is using the tactics and strategies of other human rights movements, including demonstrations and civil disobedience, which are well established, but have not previously been applied to health care, Rudiger said.
A ‘new environment’ and a national movement
Some have argued that last week’s demonstration hurt VWC’s credibility with the Legislature — one senator called the tactics “fascist” — but the demonstration has drawn increased attention from national groups and other advocates for universal health care.
Amnesty International, National Nurses United and more than 60 other labor and health care advocacy groups signed an open letter to the Vermont Legislature urging lawmakers to press on with Act 48, the state’s universal health care law. NESRI helped get many of the signatories to that letter, Rudiger said.
The Rev. William Barber, most famous for starting the Moral Monday movement, wrote a letter of solidarity, calling it immoral for people not to have access to medical care.
The backlash from lawmakers was anticipated, Haslam said, and he doesn’t think it hurts VWC’s ultimate goal of achieving universal access to health services.
“No one that truly supports universal health care is not going to support it because of a protest,” he said.
The visceral reaction from legislators may be partly because the Statehouse hasn’t been the venue for Occupy-esque demonstrations previously, said longtime State Curator David Schutz, though they’ve become increasingly common elsewhere in Vermont and nationally.
“It’s a new environment,” Schutz said, one ushered in by the October occupation of the governor’s offices in the nearby Pavilion Building.
That action was primarily the work of Rising Tide Vermont, the local affiliate of a national climate advocacy group, to protest the expansion of a Vermont Gas pipeline. The Workers’ Center helped organize that demonstration, which resulted in 64 arrests, though charges were later dropped.
Keith Brunner, the communication coordinator for the center, was among those arrested at the pipeline demonstration. Though he was present at the Statehouse last week, he was not arrested.
The only comparable event to Thursday’s demonstrations that took place in the Statehouse during the past 30 years was during the debate over civil unions in 2000, Schutz said.
It was necessary to rile official Vermont, Rudiger said, because it appears Shumlin has unilaterally stalled the state’s movement toward universal health care.
“It’s not about being disrespectful to lawmakers, it’s about highlighting the conditions in people’s lives that bring about those actions and that’s always what civil disobedience has been about,” she said.
Nationally, advocates for public universal health care were aware of the movement in Vermont, but few had received the news of Shumlin’s “wavering,” Haslam said.
Last week’s demonstration was an opportunity to get that message out and put Vermont back in the national spotlight in order to keep the momentum behind a universal health care program for the state, Haslam said.
VWC workers among those arrested last week
Many in Vermont’s political Twittersphere expressed surprise — or consternation — that several of Thursday’s demonstrators, including some who were arrested, are paid employees for the Workers’ Center.
In addition to Kanelstein, field organizers Shela Linton, Elizabeth Beatty-Owens, Avery Pittman and campaign coordinator Matt McGrath were among the 29 arrested.
Members, volunteers and staff were told at a planning meeting that the sit-in carried the risk of arrest, Haslam said. Those who participated in the sit-in chose to take that risk in order to push for legislative hearings on the governor’s single payer report.
The Workers’ Center employees who were arrested had “personal experiences with health care crises,” Haslam said. Many got involved because of that experience, and started out as members or volunteers before being hired.
Lobbying only a small part of what VWC does
The Workers’ Center is limited in its ability to lobby elected officials because it is a 501(c)(3) nonprofit. The organization is aware of that line, and takes steps to make sure it’s not crossed, according to Haslam.
Its field organizers are registered lobbyists, Haslam said, which is corroborated by the Secretary of State’s database.
The IRS threshold for tax-exempt nonprofits is whether lobbying activities constitute “a substantial part of its overall activities,” with expenditures on lobbying capped at 20 percent for a group the size of VWC.
The Vermont Workers’ Center keeps time sheets and records expenditures to ensure they meet the expense limits, Haslam said. Its 2012 990 tax filing, the most recent available, says those expenditures are available on request and does not list them.
Lobbying as part of the Healthcare Is a Human Right campaign is not a substantial portion of the center’s overall operation, Haslam added.
The group is involved in community organizing and leadership development, and helps build grassroots networks and coalitions on a broad array of issues, primarily labor-related, he said.
The Workers’ Center has supported striking FairPoint workers, recently unionized home care workers and workers at the University of Vermont who are trying to form a union.
They operate a workers’ hotline to field workplace complaints and employ an accountability monitor to help enforce Burlington’s livable wage ordinance.
The Workers’ Center also runs the People’s University for Learning and Liberation with a staffer dedicated to preparing workshops, skill building, continuing education for its members and affiliated groups.
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At Unprecedented Meeting, Fed Officials Voice Support for Activists’ Issues
At Unprecedented Meeting, Fed Officials Voice Support for Activists’ Issues
JACKSON HOLE, Wyo.—Federal Reserve officials sought to reassure a group of labor activists that the central bank isn’t...
JACKSON HOLE, Wyo.—Federal Reserve officials sought to reassure a group of labor activists that the central bank isn’t going to cool down the economy just as a stronger labor market is reaching a broader swath of Americans.
“We’re going to run [the economy] hot, get the unemployment rate down lower,” San Francisco Federal Reserve Bank President John Williams said at an unprecedented meeting with activists from the Campaign for Popular Democracy’s Fed Up Campaign.
The meeting of activists and high-ranking Fed officials took place shortly before the start of the Kansas City Fed’s high-profile policy conference in Jackson Hole, Wyo. Central bankers in attendance included Fed Chairwoman Janet Yellen’s two top lieutenants, New York Fed President William Dudley and Vice Chairman Stanley Fischer. Ms. Yellen, although scheduled to speak at the Jackson Hole symposium early Friday, didn’t attend.
The left-leaning activist group Fed Up publicly met with eight Federal Reserve presidents Thursday to discuss inequality and interest rates during the central bank's annual meeting in Jackson Hole, Wyoming.
Nine regional Fed bank presidents and two governors held a public discussion with the left-leaning group, whose goal is to convince Fed officials to keep short-term interest rates low to boost short-term growth and drive unemployment further down. It came as pressure mounts on Fed officials on many fronts to explain a disappointing economy.
Several Fed Up activists argued the only way to lower unemployment in the black community is to heat up the broader labor market.
Rod Adams, a 27-year-old community group organizer from Minneapolis, told the meeting, “I don’t understand how you can think that,” when confronting Fed officials’ statement that the U.S. is near full employment.
“I don’t want to be sacrificed for a war against an inflation enemy that isn’t here,” Mr. Adams said.
Transcript: Fed Officials Meet With Fed Up Activists at Jackson Hole
Fed Up activists also challenged Fed representatives on diversity. The group doubled down on its earlier criticism of the Federal Reserve’s leadership as overly male, almost entirely white and drawn too frequently from the banking community.
The composition of Federal Reserve leadership has also received criticism from Democratic elected officials who say the institution doesn’t adequately reflect the demographics of the nation it is meant to serve.
New York Fed President William Dudley told the meeting Thursday that the Fed’s record on diversity has been “pretty lousy.” His counterpart from the Minneapolis Fed, Neel Kashkari, said that “we have made progress and can make more progress.”
A recent paper by the Brookings Institution noted that of the 134 different presidents of regional Fed banks in history, none has been Hispanic or African-American. Ms. Yellen is the central bank’s first female leader, and she and Federal Reserve governor Lael Brainard are two of only nine women to serve on the Fed’s board in its history. Currently, two of the Fed’s 12 regional banks—Cleveland and Kansas City—have female presidents.
The central bankers at Thursday’s meeting expressed support for the issues that Fed Up questioners raised. However they also argued that the Fed’s main goal should be avoiding another recession and promoting maximum employment and price stability.
Vice Chairman Stanley Fischer praised the group for setting up the discussions, but he called on the activists to research the issues that confront the communities involved.
“When you get the facts, when you get the analysis, you can make a difference. When you speak about how bad the problem is it’s a much less effective tool,” the former Massachusetts Institute of Technology professor said.
Write to Harriet Torry at harriet.torry@wsj.com
Corrections & Amplifications:
U.S. Federal Reserve officials argued that the central bank’s main goal should be avoiding another recession and promoting maximum employment and price stability. An earlier version of this article incorrectly said they argued that the goal should include promoting maximum unemployment. [Aug. 26]
By Harriet Torry
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Puerto Rico en quiebra por culpa del Clan Botín
Puerto Rico en quiebra por culpa del Clan Botín
Según la abogado y directora de nuevos proyectos en Center For Popular Democracy, Xiomara Caro “una cosa es la...
Según la abogado y directora de nuevos proyectos en Center For Popular Democracy, Xiomara Caro “una cosa es la ilegalidad, que se tendría que probar en un tribunal, pero que haya un conflicto de interés… Eso no requiere un doctorado. El mismo tipo que fue presidente de un banco, el Santander, que creció durante cierta época, luego es el presidente del Banco Nacional de Puerto Rico en el momento en el que se aplican las medidas de austeridad más ridículas”
Lea el artículo completo aquí.
Una victoria imperfecta para los trabajadores de Nueva York
Una victoria imperfecta para los trabajadores de Nueva York
Millones de neoyorquinos están celebrando el acuerdo de esta semana que aumentó el sueldo mínimo en el estado. Este...
Millones de neoyorquinos están celebrando el acuerdo de esta semana que aumentó el sueldo mínimo en el estado. Este pacto hace que familias en todo el estado puedan aspirar a un futuro mejor y envía un mensaje importante a otros estados que contemplan incrementar los salarios.
El acuerdo es prueba del poder de la movilización. Hace apenas unos años habría sido imposible imaginarse los titulares actuales. Cuando New York Communities for Change organizó la primera huelga de empleados de restaurantes de comida rápida hace casi cuatro años, la gente pensó que estábamos locos.
Como el gobierno federal postergó varias veces incrementar de manera significativa el sueldo mínimo a nivel nacional, parecía imposible lograr un aumento de paga.
En respuesta, los trabajadores de dichos restaurantes y otros empleados con sueldos bajos decidieron luchar por mejor paga y calidad de vida, lo que dio inicio a un movimiento que se propagó a ciudades y pueblos en todo el país.
No es coincidencia que la Lucha por $15 se iniciara aquí, en la ciudad de Nueva York. El nivel de disparidad en nuestra ciudad es uno de los peores del país desde hace tiempo y, en años recientes, ha batido récords históricos.
Según una encuesta de la Oficina del Censo de 2014, el 5 por ciento de hogares en Manhattan con más altos ingresos ganaron 88 veces más que el 20 por ciento más pobre. Y el año pasado, los trabajadores con el salario mínimo no podían pagar el alquiler medio en ningún vecindario de la ciudad de Nueva York.
Desde hace tiempo no se incrementan los salarios al ritmo del costo de vida. De hecho, el Economic Policy Institute concluyó que el salario de $9.00 por hora a nivel estatal es muy inferior al que sería si simplemente hubiera aumentado desde 1970 conforme a la inflación. El mismo estudio concluyó que si se tomara en cuenta la inflación y el costo de vida más alto, el salario mínimo hoy en día tendría el mismo valor que en 1970 si este año fuera $14.27 por hora, casi el nivel acordado por la Legislatura del Estado de Nueva York.
El año pasado, el gobernador Cuomo tomó la acertada decisión de exigir sueldos más altos para los empleados de restaurantes de comida rápida, quienes estaban al frente de la lucha por reformas. Pero al movilizar un sector por uno se corría el riesgo de desatender las necesidades de muchos trabajadores. Para realmente producir un cambio, las reglas se deben aplicar a todos de manera equitativa. El acuerdo de la semana pasada hizo eso y permitió que los empleados de todos los sectores económicos finalmente puedan aspirar a algo más que el próximo cheque de pago.
El acuerdo es una victoria para los empleados de la ciudad de Nueva York. Sin embargo, pasa por alto a las familias trabajadoras de la parte norte del estado. Si bien más de un millón de trabajadores mal remunerados en la ciudad verán un aumento de sueldo a $15 por hora para fines de 2018, aquellos en Long Island solo lograrán $15 en casi seis años y los de la región norte deben esperar cinco años para llegar apenas a $12.50. Aunque el acuerdo permite que después se aumente el sueldo a $15, el índice dependerá de análisis y la inflación, y eso podría tomar varios años.
Es una espera terriblemente larga, dado el costo de vida cada vez mayor al norte de la ciudad. Por ejemplo, el contraIor del estado de Nueva York ha detectado que el costo de vivienda está subiendo drásticamente y que por lo menos una de cada cinco personas en cada condado – incluidos algunos muy al norte como Warren y Monroe– gasta más de un tercio de su salario en el alquiler. En algunos estados la mitad de los pobladores deben gastar eso. Si agregamos a esto los gastos como servicios públicos y alimentos, es casi imposible ahorrar para los estudios universitarios y la jubilación.
Es imperativo que ahora los legisladores completen la tarea y les den a todos los neoyorquinos la oportunidad de ganar un sueldo decente.
Pocos días antes de que se finalizara el acuerdo en Albany, California nos demostró que es posible tener un sueldo de $15 a nivel estatal. Nuestro estado debe cumplir con la promesa de la Lucha por $15 en todo el estado y permitir que todos los trabajadores puedan mantenerse a sí mismos y a su familia de manera adecuada. De lo contrario los neoyorquinos seguirán haciendo lo que llevan haciendo desde hace casi cuatro años: arriesgarlo todo para ofrecerle una vida mejor a su familia.
By JoEllen Chernow & Jonathan Westin
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Divided Democrats face liberal backlash on immigration
Divided Democrats face liberal backlash on immigration
Opponents of demonstrators urging the Democratic Party to protect the Deferred Action for Childhood Arrivals Act (DACA...
Opponents of demonstrators urging the Democratic Party to protect the Deferred Action for Childhood Arrivals Act (DACA) stand outside the office of California Democratic Sen. Dianne Feinstein in Los Angeles Wednesday, Jan. 3, 2018. California has the largest number of people who are affected by the law, also known as the Dream Act.
Read the full article here.
Proposal Would Allow Immigrants in New York Illegally to Become Citizens
ABC 7 New York - June 16, 2014, by Dave Evans - It is a long shot, but a proposal by a New York State lawmaker would...
ABC 7 New York - June 16, 2014, by Dave Evans - It is a long shot, but a proposal by a New York State lawmaker would allow immigrants in the state illegally to become so-called "state citizens" if they've paid state taxes for at least three years.
It might sound a little strange for people to say 'I'm a citizen of New York State yet not an American citizen', but legal experts say it's doable.
And it's something many immigrants in New York desperately want, since the federal government hasn't budged on immigration reform.
"I could be deported tomorrow even though New York is my home. Brooklyn has been my home," said lawyer Cesar Vargas.
Vargas came to this country from Mexico when he was five. He's like almost 3 million other undocumented workers in New York State with few rights. He's a lawyer. He passed the bar but can't practice. He's not a citizen.
"I pay taxes, I created my own small business, I advocate for my community, I only want the opportunity, no special treatment, just the opportunity to be a lawyer for my community," he said.
In Battery Park Monday, a rally was held with the Statue of Liberty as a backdrop.
"2.7 million people make their home in this state and we have a responsibility to them as a state," said State Senator Gustavo Rivera.
Rivera introduced a bill Monday that if someone has an ID, has lived in this country for three years and paid taxes, they could then become a citizen of New York State.
They would be allowed to vote and run in local and state elections. They could get a driver's license, and qualify for Medicaid coverage.
"Now all of these things will allow almost 3 million people to fully participate in the civic, political and economic life of the state of New York. They are already contributing," said Rivera.
The bill has almost no chance at becoming a law anytime soon in Albany. If it did, we would be American citizens and New York citizens as well, and conservatives call that absurd.
"It's a bad idea. It's not only bad, it's probably an insane idea to create a separate category of citizens in our country," said New York Conservative Party chairman Mike Long.
Conservatives say they're worred the idea is even being brought up in Albany, because that gets the discussion rolling, and eventually they fear something like this could pass.
Also, advocates agree, saying this bill won't pass anytime soon. But they want people to start thinking and talking about this issue.
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Report: Anti-gay Laws Drive Up Poverty Rates for LGBT People
Miami Herald - September 30, 2014, by Steve Rothaus - A report issued Tuesday shows that LGBT Americans face added...
Miami Herald - September 30, 2014, by Steve Rothaus - A report issued Tuesday shows that LGBT Americans face added financial burdens — and often higher poverty rates — because of antigay national, state and local legislation.
NBC News has covered the story, with a video of Arlene Goldberg, the Fort Myers widow who is suing Florida to recognize her marriage to longtime partner Carol Goldwasser.
Goldberg’s primary income is Social Security. Because Florida doesn’t recognize Goldberg’s marriage, she is unable to qualify as Goldwasser’s widow and collect her Social Security payments, which were $700 more each month than Goldberg’s.
Here’s a news release from the Movement Advancement Project (MAP) and the Center for American Progress (CAP):
Washington, D.C. — A landmark report released today paints a stark picture of the added financial burdens faced by lesbian, gay, bisexual, and transgender (LGBT) Americans because of anti-LGBT laws at the national, state and local levels. According to the report, these laws contribute to significantly higher rates of poverty among LGBT Americans and create unfair financial penalties in the form of higher taxes, reduced wages and Social Security income, increased healthcare costs, and more.
The momentum of recent court rulings overturning marriage bans across the country has created the impression that LGBT Americans are on the cusp of achieving full equality from coast-to-coast. But the new report, Paying an Unfair Price: The Financial Penalty for Being LGBT in America, documents how inequitable laws harm the economic well-being of LGBT people in three key ways: by enabling legal discrimination in jobs, housing, credit and other areas; by failing to recognize LGBT families, both in general and across a range of programs and laws designed to help American families; and by creating barriers to safe and affordable education for LGBT students and the children of LGBT parents.
Paying an Unfair Pricewas co-authored by the Movement Advancement Project (MAP) and the Center for American Progress (CAP), in partnership with Center for Community Change, Center for Popular Democracy, National Association of Social Workers, and the National Education Association. It is available online at www.lgbtmap.org/unfair-price.
“Unfair laws deliver a one-two punch. They both drive poverty within the LGBT community and then hit people when they are down,” said Ineke Mushovic, Executive Director of MAP. “While families with means might be able to withstand the costs of extra taxation or the unfair denial of Social Security benefits, for an already-struggling family these financial penalties can mean the difference between getting by and getting evicted. Anti-LGBT laws do the most harm to the most vulnerable in the LGBT community, including those who are barely making ends meet, families with children, older adults, and people of color.”
The report documents the often-devastating consequences when the law fails LGBT families. For example, children raised by same-sex parents are almost twice as likely to be poor as children raised by married opposite-sex parents. Additionally, 15 percent of transgender workers have incomes of less than $10,000 per year; among the population as a whole, the comparable figure is just four percent. To demonstrate the connection between anti-LGBT laws and the finances of LGBT Americans and their families, the report outlines how LGBT people living in states with low levels of equality are more likely to be poor, both compared to their non-LGBT neighbors, and compared to their LGBT counterparts in state with high levels of equality. For example, the denial of marriage costs gay and lesbian families money; same-sex couples with children had just $689 less in household income than married opposite-sex couples in states with marriage and relationship recognition for same-sex couples, but had an astounding $8,912 less in household income in states lacking such protections.
DISCRIMINATORY LAWS CREATE A DEVASTATING CYCLE OF POVERTY
How do inequitable laws contribute to higher rates of poverty for LGBT people? The report documents how LGBT people in the United States face clear financial penalties because of three primary failures in the law.
1. Lack of protection from discrimination means that LGBT people can be fired, denied housing and credit, and refused medically-necessary healthcare simply because they are LGBT. The financial penalty: LGBT people can struggle to find work, make less on the job, and have higher housing and medical costs than their non-LGBT peers.
2. Refusal to recognize LGBT families means that LGBT families are denied many of thesame benefits afforded to non-LGBT families when it comes to health insurance, taxes, vital safety-net programs, and retirement planning. The financial penalty: LGBT families pay more for health insurance, taxes, and legal assistance, and may be unable to access essential protections for their families in times of crisis.
3. Failure to adequately protect LGBT students means that LGBT people and their families often face a hostile, unsafe, and unwelcoming environment in local schools, as well as discrimination in accessing financial aid and other support. The financial penalty: LGBT youth are more likely to perform poorly in school and to face challenges pursuing postsecondary educational opportunities, as can youth with LGBT parents. This, in turn, can reduce their earnings over time, as well as their chances of having successful jobs and careers.
“Imagine losing your job or your home simply because of who you are or whom you love. Imagine having to choose between paying the rent and finding legal help so you can establish parenting rights for the child you have been raising from birth,” said Laura E. Durso, Director LGBT Progress at the Center for American Progress at CAP. “These are just a couple of the added costs that are harming the economic security of LGBT people across the country. It is unfair and un-American that LGBT people are penalized because of who they are, and it has real and profound effects on their ability to stay out of poverty and provide for their families.”
Paying an Unfair Price offers broad recommendations for helping strengthen economic security for LGBT Americans. Recommendations include: instituting basic nondiscrimination protections at the federal and state level; allowing same-sex couples to marry in all states; allowing LGBT parents to form legal ties with the children they are raising; andprotecting students from discrimination and harassment on the basis of sexual orientation and gender identity.
“At a time when so many American families are struggling to make ends meet, the report's findings point to an even bleaker reality for those who are both LGBT and people of color," said Connie Razza, Director of Strategic Research at the Center for Popular Democracy. "Unchecked employment discrimination and laws that needlessly increase the costs of healthcare, housing and childcare are doing profound harm to our economic strength as a nation. This report offers real-life policy solutions that, if implemented, would protect some of our most vulnerable individuals and families."
“Reducing the unfair financial penalties that LGBT people face in this country because they are LGBT is not that complicated. It is a simple matter of treating LGBT Americans equally under the law. For example, extending the freedom to marry, including LGBT students in safe schools laws, and ending the exclusion of LGBT people from laws meant to protect families when a parent dies or becomes disabled,” said Deepak Bhargava, executive director of the Center for Community Change.
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As Attacks on Unions Continue, Bringing Back the Strike May Be Our Only Hope
On December 14, Chicago Teachers Union Vice President Jesse Sharkey announced the results of the union’s strike...
On December 14, Chicago Teachers Union Vice President Jesse Sharkey announced the results of the union’s strike authorization vote. For the second time in three years, the union’s membership voted overwhelmingly to strike if necessary. "Our ability to withhold our labor is our power," declared CTU President Karen Lewis on the eve of voting.
That axiom, that strikes are where unions derive their power, is pretty out of favor these days. A wave of disastrous strikes and lockouts beginning in the Reagan era that helped deunionize much of American industry has left the surviving labor movement skittish about the prospect of full-scale walk-outs. But bright spots like Fight for 15, Bargaining for the Common Good and the Chicago teachers strike have shown that workers can win strikes (if one defines victory as workers walking away from the ordeal feeling more powerful). Labor activists and leaders, particularly as they anticipate a viciously anti-union Supreme Court decision in Friedrichs v. CTA, have to figure out more strategies to revive the strike weapon in our current era.
How strikes became a “bad idea”
Ironically, the seeds of labor’s 1980s defeats were planted during its best seasons for growth in the 1930s. During the wave of sit-down strikes that grew union membership by leaps and bounds, Congress passed the National Labor Relations Act in 1935. The purpose of the act was to establish an orderly process for certifying unions and compelling employers to bargain in good faith with them. The plain language of the law also made it illegal to fire an employee for union activity.
But in two of the early Supreme Court cases that established the constitutionality of this law, the court casually cut into workers’ rights to their jobs.
In a 1939 case called NLRB vs. Fansteel Metallurgical, the court ruled that the NLRB cannot compel the reinstatement of a fired worker who broke the law, even if his illegal activity was part of an otherwise protected union activity like striking. Sit-down strikes, the physical occupation of someone else’s property to prevent their business from operating without you, was simply not going to be a protected activity under this new labor law regime.
In an earlier case, 1938’s NLRB v. Mackay Radio, the Supreme Court stripped workers of their unalloyed right to return to their jobs after a strike. The Court held that not only was an employer allowed to replace striking workers to keep a business going during a strike, but that they could keep the scabs on the job after the strike was over. The strikers would not be fired, per se, as an employer would have to make provision to recall former strikers as vacancies occur.
The McKay germ lay dormant for over 40 years. There were thousands of strikes in the United States all the way through the 1970s. And while plenty of bosses hired plenty of scabs, those scabs were almost always let go after a strike. To take a worker’s job away for standing with her union was viewed as almost un-American.
Or at least it was, until no less of an American than the sitting President, Ronald Regan, fired the striking air traffic controllers in 1981, sending a strong signal to industry: have at it..
McKay was weaponized by the Phelps-Dodge Corporation in 1983. The copper mining company bargained its Steelworkers local to impasse over drastic cuts in pay, benefits and working conditions—essentially daring the union to strike. Exploiting the bad economic times, the company had no problem importing a permanent replacement workforce, for whom even the reduced pay was far better than most jobs available. After 12 very ugly months, the scabs voted to legally decertify the union.
This Phelps-Dodge blueprint is how much of the deunionization of American industry occurred in the Reagan-Bush (and Clinton) era. Unions that survived frequently did so by capitulating to management’s giveback demands.
Tellingly, the AFL-CIO’s 1990s version of labor law reform was not for organizing rights, like card check, but a bill to undo the McKay doctrine and ban the permanent replacement of strikers. In 1994, the year that the Workplace Fairness Act effectively died, there were 14 major strikes involving over 108,000 workers. By 2012, there were only four, and they involved less than 15,000 workers.
And perhaps most telling of all: Unions’ most recent attempt at labor law reform, the Employee Free Choice Act, did not include any provision on strikes. We have abandoned the strike weapon.
Well-planned strikes serve as inspiration
Not every union has abandoned strikes. The last Chicago teacher strike served as the strongest example in years for everyday workers of the power of a well-planned work stoppage.
On paper, it made no sense that a teachers union could wage a successful strike in 2012. Teachers unions had suffered from years of well-funded political attacks that cast them in the media as villains who prioritize “adults’ interests” over “students’.” The city’s power brokers, Mayor Rahm Emanuel in particular, were crying broke and exploiting civil rights rhetoric in their give-back demands. And there were thousands of teachers in charter schools and unemployed and recently retired teachers in the Chicago area who could have been recruited as replacements if they viewed the Chicago Teachers Union as striking against the public interest.
Instead, the Chicago public overwhelmingly viewed the CTU as striking for the common good. Partly, this was thanks to two years of deep and meaningful community organizing and partnerships that the union diligently pursued knowing there would likely be a strike. And partly, this was thanks to the union bargaining for school resources demands that resonated beyond just their membership.
For the last really big strike that got even non-union workers thinking about their power, you have to go all the way back to 1997. The Teamsters—who, like the CTU at the local level, had elected progressive reformers to their national leadership—also spent years preparing for a planned strike against UPS. These sort of well-planned strikes are crucial for getting workers, those in unions and those without, to think about power and the exercise of it.
In his book Only One Thing Can Save Us, labor lawyer Thomas Geoghegan expresses a preference for one-day strikes, which he has seen used effectively by the hotel employees union. In such a strike, a union signals its intent to return to work after 24 hours, allowing strikers to impact the employer’s business but protecting them from permanent replacement.
Joe Burns, also a labor lawyer, has written extensively on labor’s need to bring back the strike weapon. In his Reviving the Strike, he scorns one-day “publicity strikes” as no substitute for “an effective traditional strike,” which he defines as one that aims to halt production.
Burns’ contribution gets us thinking not just about the need to get more strikes going in this country, but to really think through how to define a “successful” strike. But his mantra-like focus on “halting production” is strangely limiting. As a result of union busting and globalization in manufacturing, most of the new organizing and strategic contract campaign action is in healthcare, education and the service industry. A Chicago teacher would likely rankle at the thought of their strike “halting production.” (What, after all, does their employer aim to produce? One hopes it is citizens and scholars, but fears it is docile workers and future prisoners.)
My own union work so far has been in hotels, home healthcare and education. I have worked on only a small number of work stoppages, most of a limited duration. In my experience, employers are working from such an ossified playbook that unions can get a lot of mileage out doing the last thing that the boss and his lawyers expect.
For example, hotel employees can cost the company more money by not striking on the day the company expects, thus costing them the expense of paying and lodging scabs as well as the continued payroll costs of the union members who stayed on the job an extra day.
I don’t prescribe a perfect form of strike. American workers will not learn to strike again from articles like this or books like Burns’ and Geoghegan’s, which are really more for labor nerds and bookish organizers—they will only learn to strike by watching contemporary examples of workers striking. Since it’s hard to raise chickens without eggs, even one-day “publicity strikes” have an educational value.
But many thousands times more working people will be educated by the next Chicago Teachers strike. The teachers will halt production, but, perversely, that will save their employer money. Chicago will continue to collect taxes and be freed of the burden of compensating its teachers for a few weeks. (In fairness, Joe Burns expounds upon this unique aspect of public sector strikes in his follow-up book, Strike Back.)
To be effective, the CTU must take the students and parents who will be disrupted and bring that disruption to the doorsteps of Rahm Emanuel, Illinois Gov. Bruce Rauner and Chicago’s unelected school board. To win for the working class, they must continue to loudly proclaim, as CTU President Karen Lewis did, “Your power is your ability to withhold your labor.”
Possible paths forward
Our challenge is to inspire even non-union workers to think about their power and how to exercise it using the tools we have on hand: a union movement with miniscule density in only a handful of service and public sector industries largely led by staff who have precious little personal experience with leading job actions. We should be clear about how deep this deficit is.
One of the most promising labor projects of the moment is Bargaining for the Common Good. This is an effort by public sector unions in Washington, Oregon, California, Minnesota, Wisconsin, Illinois and Ohio to align their bargaining demands with each other and with community demands around progressive taxation, affordable housing, youth incarceration and government transparency.
These community demands fall well outside a union’s scope of bargaining and are therefore technically illegal. But as long as the unions also have demands that are within their legal scope (not hard to do when employers refuse to pay people what they deserve), then the unions can press the community’s case. This is a brilliant way of getting community to see unions’ fights as their own and of building worker and community power—and the next Chicago teachers strike will likely be the highest profile test of the theory this side of the Mississppi.
What follows could be bigger. A number of public and private sector unions in Minnesota have contract expirations in 2016. Their bargaining demands for the common good are focused not just on their individual employers but also on the largest employers in the state: Target and Wells Fargo. This is the potential for the closest thing we’ve seen in a while to a general strike (something Minnesota has a history of doing).
Another promising project is the Fight for 15. Some have dismissed the series of rolling one-day strikes for increases in the minimum wage and organizing rights as mere P.R. stunts. But there is something deeply radical and significant at play here. Workers who don’t even technically have a union are proving their value—and their power—to their bosses by withholding their labor. And the response from the general public is, at worst, a sort of patronizing “Well, good for them” but more often something a bit closer to “Go get ‘em!”
Just two short years ago, it would have been inconceivable to most union strategists that the lowest paid and most vulnerable workers would be willing to risk it all as these fast food workers have done. But, then, one is reminded of the old Dylan lyric: “When you got nothing, you got nothing to lose.”
The great potential of Fight for 15 is that unorganized workers see reflections of themselves in the strikers and begin to fantasize about what a job action could look like at their workplace. This is the perfect complement to well-planned and executed strikes by established labor unions.
The labor wars of the 1980s and 1990s were won by bosses who caught their unions by surprise. The unions that are still here are survivors who have an obligation, both to their continued survival and to the hope of inspiring a greater wave of organizing, to meaningfully plan for job actions that can win in every round of bargaining.
Those who toil in alternative forms of worker representation—the workers centers, advocacy groups and non-majority unions—should strategize and experiment in job actions that help their members and anyone watching and drawing inspiration feel a sense of their own power and agency.
And the rest of labor, starting with the AFL-CIO, should send a strong signal that strike plans are back by incorporating a ban on permanent replacements in the successor to the Employee Free Choice Act and as part of a broader “right to your job” movement. For those public sector unions who are most threatened by the pending Friedrichs decision, a wave of “free speech” strikes to both celebrate and protest the dubious new rights that the Supreme Court threatens to give them.
Source: In These Times
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