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Labor Law and "Saving the Secret Ballot"

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Update: EFCA just passed the House!

Look over to the right at the corporate-financed "Save the Secret Ballot" attacking the Employee Free Choice Act. Now you can read all the horror stories about how employers have abused workers during union elections to understand why alternative "card check" systems are being promoted in this bill.

But even the principle behind the argument is a fraud. The obvious point is that companies don't allow secret ballots for electing managers. But the real fraud is that union workers have plenty of secret ballots under the Employee Free Choice Act:

  • They elect union leaders by secret ballot;
  • They vote on whether to authorize strike or other work actions by secret ballot;
  • They approve union contracts by secret ballot

But without a union in the first place, most workers never see any ballot at all on their work conditions:

Let's be clear what happens when a majority of workers sign cards asking for a union. The company then has to meet with union representatives to discuss work conditions. That's pretty much it. After the union comes in, there are lots of discussions, debates and, yes, secret ballots by the members on all sorts of things even before a union contract can be negotiated and implemented.

"Getting a union" doesn't mean the workers all have to pay union dues without a secret ballot vote. In some "right to work for less" states, no one ever has to pay dues, and in the rest, it will take an agreement with the company and agreement by the membership to approve the contract. (In one provision of the new law, an impasse in bargaining could lead to a third party acting as an arbitrator for conditions in the first contract, but even there it's not the "union bosses" deciding terms).

And here's the irony. Corporations are run on "card check" agreements, also knows as shareholder proxies. Campaigns are run with groups of shareholders soliciting proxies and the side that collects a majority of those proxies ends up running the company (aside from all the anti-democratic rules that management uses to frustrate even that level of shareholder democracy). The same corporations mouthing off about the sanctity of the secret ballot never use it in running their corporations and they spend a chunk of their time working to undermine the power of shareholder democracy.

So since they don't believe in democracy among shareholders and sure as hell don't believe in giving workers a secret ballot when a union isn't around, why should anyone take them seriously now?


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In the one experience I've had in a unit where a union was being considered, at the Library of Congress, it happened I had started working there just after the deadline to vote for getting in union representation. This hadn't been conveyed to the union organizers, and they continued to show up and argue with me for support after I told them to go away.

In like manner, management had quotas for enrolling for payroll deductions to the Combined Federal Campaign. When the first representative came by, I told her that my charitable contributions were a matter between the charity, the IRS, and myself, and I wasn't going to sign up. My boss, pressured by his boss, then pleaded with me to sign up. After saying no again, I was called in, with other miscreants, to his GS-17 supergrade boss, and again was lectured.

Both of these experiences came across as coercive. If checkoff cards were in, would I have a guarantee that union organizers would not continue to try to get me to sign if I said NO the first time?

Your analogy with shareholders doesn't hold. As a shareholder, I am not involved in the day-to-day operation of the company. I can choose to buy stock, or not to buy stock, in a company that pulls too many shareholder suppression games.

When I was in a bargaining unit, where the union was voted in after I had started, the union representatives could and did insist on sitting in meetings between managers and myself, dealing with compensation, reviews, and other factors that they thought they could bargain. I thought it was my own damn business.

Sorry, shareholder representation and union oversight of my direct interactions with my rating managers are as equivalent as apples and broccoli.

--
Howard

*equal opportunity offense to both extremes*

"Those who cannot remember the past are condemned to repeat it" [George Santayana]

Howard, here is an exerpt about the Paycheck protection referndum that Shwarzenegger supported. I know the guy that ran the campaign. Needless to say the Unions overpowered it and it lost.

http://www.ocmetro.com/metro090105/viewpoint090105.html


"...No other organization can forcibly extract money from your paycheck without your consent and use it to make political contributions except a union. It’s wrong. And it’s as wrong for unions as for anyone else.

That’s why polling shows about 60% of union members support Proposition 75, on your ballot Nov. 8. This “Paycheck Protection” initiative would change the law to require that a government employee union get your annual written authorization to take money out of your paycheck if they’re going to use it for political purposes. The union can still take out money without approval to use for running the union and organizing efforts and strike funds and so forth. And private sector unions would be unaffected by Prop. 75. ..."

All the things he is saying should be secret and private, ....how about my property be private, the proceeds from the sweat of my brow be in my control and my political influence be allowed to remain in my control. Sounds like freedom to me.

Good story. Library of congress, huh? Now I know where your attention to detail comes from.

I have mixed feelings about unions, and I consider the issue bogus.  The issue, as every issue about unions, is either to give 'em power or to take it away.

As to unions, the idea of unions is very powerful.  Why let the monopsonist  set the terms of employment?  Actualized unions seem very different from conceptual unions.  Membership is divided into many constituents, which union "leadership" can therefore manipulate, and union "leadership" appears more interested in aggrandizement of perks and power than in providing a balance against the monopsony power of employers.  I say this based on anecdotal observation from having been a member of several unions over the years.

The results of unions are mixed.  I would like to work in an environment where the employer is very afraid the employees will unionize (but is not about to use vicious underhanded tactics to prevent it).  This would gain most of the benefits of being unionized without having to suffer any of the disadvantages.

In my current employment, which is unionized, sensible decisions get booted down the calendar because they *might* be bargaining items.  This is ridiculous.

Back to the issue at hand, corporations are not speaking in employee behalf when they fight union processes.  That is JUST a cover for union busting practices.  Corporations care about corporations, principally about the Board and the senior management. 

Good4, I agree that "actualized unions seem very different from conceptual unions." But isn't that also true of corporations?

Adam Smith envisioned businesses competing with one another to hire good workers, thereby driving wages up to a decent level. Today, though, capital is mobile and labor, for the most part, is not. It's the workers who compete with one another for the privilege of working for companies that can often move elsewhere if the wages aren't low enough where they are.

So sure, there's a difference between theory and reality. But let's not kid ourselves about which group -- employers or workers -- tends to need more bargaining power to things more just.

You are right when you talk about intra-union difficulties like divided members and self-aggrandizing leaders. But that's true of any democratic system. That's true of our government in Washington and anywhere else. If you want change within your union -- if "sensible decisions get booted down the calendar" -- fight back. Organize other workers. Hold the leadership accountable. The nice thing about democracies is that they give participants the ability to change things.

To be anti-union because you don't like the practices of some unions is like being anti-democratic because you don't like the policies of some administrations.

It's kind of funny when there is such worry over such a small component of the labor force. Those that distrust unions should be content that there are so few workers in any union.

I haven't seen any credible arguments showing that unions hurt business or the country in general. That internal politics can get ugly is not a mark against unions in general, but a reason to have better transparency in union management.

There are many more stories of internal corruption in business management than in unions, and we still promote business, because it is not management as an idea that is bad. We do, however, ask for (or used to ask for) regulation by the SEC and other bodies to ensure good practices.  

If a union has corrupt management, that is the fault of the members and not the union itself. And it's hard to see how constitutional it is to inhibit the right of workers to peaceably assemble. I am much more exercised over business practices, that have been upheld in court, to the effect of precluding the Bill of Rights from the workplace. Especially if these are valid, there is no rationale to raise personal-liberty arguments against unions. 

Blaming unions for the decline of manufacture is a laugh--we are still leaders in aerospace, highly unionized, AFIK. We are losing out in autos because the management thought it could rest on its laurels. It was not the auto workers union that decided the front brake engineer should never talk to the rear brake team (GM). It was not the union that decided to keep making stupid, big cars with poor mileage and poor handling. It was the boss.

Did I say I was anti-union?

I believe there are severe problems with unions that union leadership and defenders are unwilling to discuss.  Your conclusion that I am anti-union suggests why a union member might not want to risk it.

I also said that I am not pleased with monopsony power and hinted that latent rather than actual union power might be the best of all conditions.

There cannot be latent union power unless somewhere there are actual unions.

Also, I would be happy with actual unions IF I thought there were a way to resolve their worst characteristics.  Unfortunately, I am unaware of any.  Union leadership is not necessarily drawn from the best ranks of the employees. 

Mr. Berkowitz writes. . .

In like manner, management had quotas for enrolling for payroll deductions to the Combined Federal Campaign. When the first representative came by, I told her that my charitable contributions were a matter between the charity, the IRS, and myself, and I wasn't going to sign up. My boss, pressured by his boss, then pleaded with me to sign up. After saying no again, I was called in, with other miscreants, to his GS-17 supergrade boss, and again was lectured.

I'm reading this that it was management, not the Union which applied the pressure.  Is this right?  If so, it would seem that this is exactly the kind of situation where union representation could be helpful.  Were I in a similar situation, and my boss, considering me a miscreant, tried to punish me for being non-cooperative in ways as unsubtle as hectoring me or as subtle as altering deadlines or giving me less desirable tasks or moving me to a less desirable desk, I would have a union grievance committee and a contract to equalize the power, and, in situations where abuses were really threatening, the possibility of raising complaints of abusive behavior in ways which protected my anonymity.  One can tell the organizer to "go away".  One has less ability to tell the same to the GS-17 supergrade boss, though both may be royal pains in the neck.

aMike

Oh, and "fight back" implies that I have more hours in the day than I found on my clock.  Sorry, I am more interested in being productive sometime in the day, plus contributing to my neighborhood, and working in the national political environment, and... well, you know if the union "leadership" is so bad, it would be nice to replace them, but NOT EVERY F***ING problem in the world is MY PROBLEM.

Labor laws and safety regulations have eliminated a lot of the need for unions now and it's clear the union US auto plants vs non-union US Toyota plants are at a distinct disadvantage. It's getting harder for unions to complain about auto jobs going overseas with Toyota opening up a new non-union plant here every year, creating thousands of new auto manufacturing jobs.

The perceived refusal of unions to adapt and evolve in a global economy may spell their ultimate doom.

This was indeed management who put pressure on about the "charity". My concern, however, is that union organizers put just as much pressure on anyone who didn't indicate they would support the union being the bargaining agent. Later, when the union was certified, they insisted on being present at what I considered to be private negotiations with my boss.

In other words, I didn't see much difference between the tactics of the two. Let's put it this way -- I didn't trust civil service management. I had a greater trust of corporate management, although not all that far. Given that the sample I had had of union interaction, where they pushed as hard for power as anyone jockeying to be promoted into management, why should I trust them any more than management?
--
Howard

*equal opportunity offense to both extremes*

"Those who cannot remember the past are condemned to repeat it" [George Santayana]

I would be happy with actual unions IF I thought there were a way to resolve their worst characteristics. Unfortunately, I am unaware of any. Union leadership is not necessarily drawn from the best ranks of the employees.

It's called democracy. Unionized employees can work to reform their own workplace. Non-unionized employees largely cannot, though there are exceptions. In any event, I wouldn't say our political leaders are always drawn from the best ranks of society either -- just the most well-heeled -- but that doesn't stop you from trying to influence things as a citizen, does it?

By the way, why are you so angry that I called you anti-union, before saying in the next breath that you're not happy with unions? (It follows logically from saying you'd be happy with unions if X, but X isn't the case.)

Your anger aside, I didn't say democracy was easy. But it sure beats tyranny. If you don't have the hours in a day to effect change in your own workplace, but you do have time to wax indignant on message boards where you affect very little, that's your choice. But I'd rather have some say over what happens at my workplace than leave myself powerless.

And while not every problem is your problem (I'll leave out the expletives), you just said that there were problems with your union that affected you. So obviously it is your problem. Am I missing something?

I freely admit my direct experience with unions is limited. The one time I was in a bargaining unit, the union leaders seemed more interested in power than improving the work environment; they seemed to see their worth measured in the confrontations in which they were involved.

My other interactions were in such things as not being allowed to set up a teaching lab in a hotel or trade show exhibit in a convention center, because "that was union work". We would have to bend our schedules around the union's.

In principle, I can see how a union might help employees in a large business or government organization, although I don't know how they could function in a small business. Call this a plea for help: I'd like to have some confidence that if I do bring them into my workplace, they simply won't add another layer of frustration. How they would help in a small, privately-held company also baffles me.

I am willing to listen, but the argument about the union having to be brought in by other than secret ballot, before it can show what it can do, utterly baffles me.

I am Dilbert, hear me whine.

--
Howard

*equal opportunity offense to both extremes*

"Those who cannot remember the past are condemned to repeat it" [George Santayana]

I thought this sounded fishy. A friend who is a civil service manager tells me only 40 percent of her office contributes to the combined federal campaign. There is a friendly competition among agencies to see who can contribute most.

It has nothing to do with unions and everything to do with charity, nor can you be penalized in any way for not contributing.

Hey, I thought these capitalist types believed in charity.

I wouldn't consider the CFC competition friendly, but something by which top management looks good, and pressures everyone below them to make quota. Quotas are very obviousm, with big "thermometers" in each office.

Ironically, a good friend of mine had a horrible workplace in a Federal agency. It's truly strange to see three levels of PhD psychologists trying to drive each other crazy. Her only recognition by the Secretary was in her role as CFC "coordinator", which her boss told her to do -- it wasn't really volunteer, and took up a lot of work time. On the other hand, since White House operatives were telling her upper management to suppress scientific results that might offend voting blocs, she had extra time.

From my personal experience, I was repeatedly lectured and cajoled to contribute, taking up a great deal of work time.

The only similarity of this to a union is that the union organizers kept after people to sign petitions.

--
Howard

*equal opportunity offense to both extremes*

"Those who cannot remember the past are condemned to repeat it" [George Santayana]

I think some of this depends on what one calls a "small" business.  Is a small college with 100 full time faculty "small" or "large"?  That was the size of my institution when the faculty organized a faculty collective bargaining unit.

Generally I think that in organizations of this size or smaller, the movement to unionize is reactive rather than active.  The more management works directly with staff and knows them as individuals, the more likely that institutional difficulties get ironed out by informal negotiations...note that I put the emphasis on negotiations.  Bargaining happens, and as much as it might seem to be one-on-one, the very smallness of the organization makes secret keeping impossible, and friction is so dangerous to the health of the organization that wise managers bargain in a way which demonstrates a rough equity as far as everyone is concerned.

The more workers perceive power as being exercised arbitrarily and the more they feel unable to defend themselves in isolation, the more they are likely to look to forming a bargaining unit...not because they particularly like paying dues, getting involved in union politics, or the like, but because without the support of their peers there is no other route to equity available.

With regard to the particular issue at hand, Robert Reich has an article which explains why the check-off system is seen as a remedy for unfair anti-union organizing behavior on the part of employers:

By the early 1990s, according to government data, illegal dismissals occurred in one out of every four union elections. Nowadays, even though polls show most workers would organize a union if they could, the process is so complicated that it’s rare they even get to choose. 

aMike

Another point worth making, Nathan, is that corporations are very happy when they have undemocratic unions that squelch worker unrest and very unhappy when they have democratic unions that seek to lead worker unrest. In such situations concern for union democracy on the part of a corporation is non-existent.

Labor laws and safety regulations have eliminated a lot of the need for unions now
On what planet are you living? On the one on which I live, Earth, safety regulations are enforced pretty much to the degree that unions are around to see that they are enforced. Safety regulations were fought for almost exclusively by unions as tools to use in their stuggles, not as replacements for themselves.

Morale in government service is not the highest. Unpleasant things are not uncommon in offices.

None of this has much to do with arguments for and against unionization.

I do understand, however, that in Europe, virtually everyone in the workplace, except the highest placed executives in a firm are union members, making for much greater solidarity both in the workplace and outside of it. There is hardly any of of this wedge creation between manager and worker that has developed here in the US.

I have rated you "1" because you improperly impute my mood to me, which has the effect of dismissing what I say.  Such improper argumentation is, in effect, ad hominem.

I rate you a "1" because you improperly impute my mood to me.  Such imputation has the effect of dismissing what I say.  As to my choice of swearing, I am responding to your presumption to tell me how to spend my time, which I find annoying.

Are you missing something?  Yes.

None of this has much to do with arguments for and against unionization.
The specific situation with the CFC happened after the American Federation of Government Employees was voted in to represent the staff. My observation was that I didn't see much difference in the pressure applied to the workforce either to "participate" in the CFC or to join the union.

--
Howard

*equal opportunity offense to both extremes*

"Those who cannot remember the past are condemned to repeat it" [George Santayana]

20-50 employees, certainly. The nature of a small technology company will be a lot less formal than most academic institutions. Having worked in private industry both small and large, federal government, and university environments, I found the academic one much like the bureaucracy, except without the efficiency.

I still don't see why the check-off system is a better solution than fixing the NLRB. Easier, especially for the unions, perhaps. Better, no.

Incidentally, while I had my problems with other unions, especially the International Brotherhood of Electrical Workers, my relationships with the Communications Workers of America, at least in the DC area, were excellent. A key thing with CWA is that they were very aware of the pace of technology in their industry and the need to keep retraining. Not every customer treated them fairly; I remember one project in the early seventies, where we assigned coffee cups to the two people assigned to our facility, just like anyone else joining the staff. One Bell technician literally got tears in his eyes, saying we were the first place to welcome him in ten years of work.

--
Howard

*equal opportunity offense to both extremes*

"Those who cannot remember the past are condemned to repeat it" [George Santayana]

Well, you have said it, not anyone else. Your observation was that being asked to join a union was not much different than being asked to contribute to charity.

I think you are misreading some of what I said, and what is your point about "you have said it, no one else"?

I did not observe that


being asked to join a union was not much different than being asked to contribute to charity

What I said was that at the Library of Congress, in an AFGE bargaining unit, both the union and management harassed employees. The union harassed people who didn't want to join it, while management harassed people who didn't want to sign up for payroll deductions for the Combined Federal Campaign.

Again, John, I find you misreading me, and then stating what I observed. It would contribute to discussions if you would ask me what I observed or meant, if it's not clear, rather than pontificating about what you concluded I meant.
--
Howard

*equal opportunity offense to both extremes*

"Those who cannot remember the past are condemned to repeat it" [George Santayana]

I have worked in both union and non-union workplaces and have found that the driving force in the strength of their Environmental Health and Safety (EH&S) organizations is the size of the company. Big companies have deep pockets and face big risks from employee lawsuits and fines from the government. Economically it is well worth their while to put in place measures to protect employees and show good faith efforts to follow the law.

Tivo, I live on this planet, where you can turn on the TV and see trial attorneys trolling for accident victims on a daily basis. El Campesino is right -- the threat of lawsuits and government fines keeps most companies in line -- union or not.

Ok. You felt harrassed by both the union organizers (there was no union there yet, no?) and managers soliciting contributions for charity. I won't quarrel with you there.

The union went in during that time. Before the elections, the organizers would keep bugging me about it even though I was ineligible. After the elections, they were constantly after me to join.

My reluctance to join was not a philosophical matter; it was lack of a clear idea of how they would help.
--
Howard

*equal opportunity offense to both extremes*

"Those who cannot remember the past are condemned to repeat it" [George Santayana]

I'll remember to tell the 12 miners killed in the Sago Mine Disaster, should I meet them in the great beyond.  I'm sure they'll be comforted to know that the International Coal Group had their best interests in mind and put their safety above any consideration of profit.  I'm sure they'll also be delighted to know that the Federal Government was so alert, vigilant, and responsible enforcing mine safety.   But of course, this happened last year, so probably it doesn't count.

aMike

I was a Union Member, it did have it's problems. I wasn't always in agreement, but I realized the importance of COLLECTIVE bargaining.

I believe if "We the People unite, in a COLLECTIVE  agreement, WE can achieve, what we want in a healthcare system, for all Americans.

Not dependant on working the whole family, to achieve the goal.

We could eliminate the need for Union Representation in this area. All employers would have to participate "NO FREE RIDERS"

Worker retraining, sufficient retirement, and whatever the working class in America could reasonably expect from the Collective Compact, that 'We the people",  expect from the Government of WE the people, we can make it  happen. No more FREE RIDERS, no more importing cheap goods, made by exploited workers, Everything sold in the US has to have the cost of the entitlements factored in,

By making the entitlement playing field level, Employers, would only have to address, what their employees are paid.  The employees would no longer be forced to work, for fear of not having healthcare. Maybe mom could stay home and nurture the next generation?

The pressure would be on the employer to pay a decent wage to attract and retain good workers. The workers in turn could reject, or accept the wage offered, literally a free and open, supply and demand for labor. Competition would prevail.

If the Capitalists don't agree, that such a system would insure fairness for all, business and labor, then By God, strengthen the Union Movement, to achieve worker goals.

As a member of the working class, I'll support my class in this struggle, despite it's shortcomings. Capitalist's have an opportunity to do the right thing now, if not, who knows what will happen. 

I'm not challenging, just trying to make sure I understand what you are saying.

Are you saying to define reasonable social-democratic entitlements, calculate their cost, and apply that cost, amortized in some way, to the sale price of imported products? Hypothetically, let's say that the value of entitlements is $10,000. For ease in computation, assume a 50 week, 40 hour work year, resulting in 2000 hours worked per year. 10000/2000 gives an entitlement cost of $5 per hour.

May I assume that somehow, it's calculated that making a shirt takes 1 hour, so a shirt imported from country X, which has no entitlements, would have $5 added to its sale price? Would this $5 be a sales tax that goes to fund US entitlements?

How would it work if some foreign country had, let's say, 1/4 of the social services defined in the Collective Compact. Would their exports then be sold with only $3.75 additional sales tax?

As I write this, I see that it easily gets complicated. If the import were coming from Japan, where robots are in greater use than the US, would their manufacturing efficiencies, not using the same amount of human labor, allow them to sell in the US at a much-reduced price?

If the product came from Sweden, Canada, or some other country that I'll assume has greater entitlements, do they get a tax credit?

--
Howard

*equal opportunity offense to both extremes*

"Those who cannot remember the past are condemned to repeat it" [George Santayana]

You have 4 different scenarios, although 2 are similar.   All these are related to the issue I previously raised about free trade with countries that have inadequate social benefits.  Only one is at all hard.

For number one, suppose the effective cost of our social benefits is $5 per hour.  Suppose country X has NO social benefits.  Then our tariff should be applied at $5 per hour on products they ship to us.  No problem.

For number two, suppose they have $1.25 per hour of our social benefits, do we have a tariff of $3.75 an hour?  Yes.

For number three, robots... Yes, this is the hard one.  But only slightly so.  I would apply the tariff based on actual social benefits in the sending country as calculated against actual value delivered to the working class in that country.  Robots are not part of the working class.  True efficiency, as compared with efficiency in the form of lower quality of life for actual workers, should not be penalized.

For number four, what about countries that have BETTER quality of life?  It is their problem what they do.  If they followed the same principles, they would charge us tariffs.

Oh, you ask what to do with the money?  Hmm... I heard we had a deficit. 

At least for Japan, #3 becomes even more complex. If a robot takes a job function in a major company, the human holder of that job is likely to be retrained or retired. The lifetime security that used to be automatic is changing, but there's still a lot.

If that robot "works" for a small subcontractor, a large part of Japanese industry not known in the West, the displaced employee may be out of luck. Subcontractor payments tend to have very low margins.

--
Howard

*equal opportunity offense to both extremes*

"Those who cannot remember the past are condemned to repeat it" [George Santayana]

My observation was a general one, and some companies are better than others.

All I can say is that I spent 15 years working for the company that is now number 7 in the Fortune 500 list. I worked in both union and non-union facilities that they owned. The attitude toward EH&S was the same no matter what. EH&S was a very powerful organization in the company. I found that my employer was totally paranoid about worker safety claims and environmental compliance.

My currentl employer isn't that big, but still large enough that they take notice of the same things ($3 billion sales, 27,000 employees). Plus some of our bigger clients flow-down EH&S requirements because they are afraid of chain of responsibility lawsuits. We have clauses in some contracts that will terminate us if our OSHA recordables rise above certain levels.

So sure, bad things still happen in big companies. But to say that fear of regulation and of lawsuits doesn't affect company behavior positively isn't real.

The statistical exceptions are always valid and tragic examples of failure. You can blame the last American Airlines crash on the FAA and AA and say they just didn't care enough.

You're off your game today, Mike -- usually much more logical and succinct than that.

A play taken right out of the Karl Marx playbook -- except it's already been tried and failed over and over.

Merica means well but has little understanding of how markets work and why companies would want to legally make shirts for $ 10, knowing the consumers will buy them on the huge black market (created by aforementioned misguided policies)for $ 5. Our law enforcement officials will spend all their time confiscating truckloads of t-shirts. This is just one example of the unintended consequences of too much government interference in the market. We've seen it fail over and over.

Our country went through stages of growth and development (some of them very painful), yet some want to inject economic growth hormone into other cultures, forcing our labor standards on them. These are the same people that accept the sheer brutality of a Saddam Hussein and recognize his "sovreign right" to run his country without interference.

Perhaps I should have posted my response to Campesino's comment, but as you were agreeing to it, I put it with yours.   But to respond to your observations,  

  • If FAA investigators lacked enough inspectors because the Bush administration refused to fund them then I suppose I'd blame the FAA. 
  • If American Airlines deliberately cut safety corners to make a bigger profit then I'd blame AA.   
  • I don't think either was the case in the last AA crash. 
  • In the case of the mine disaster, the company put profit ahead of safety, and unfortunately lost the gamble.

Being a statistical exception is no comfort to the family of the exception or the community deprived of the person transformed into a statistical exception.  Cost/benefit analysis may give company accountants and shareholders some comfort, I guess...but it isn't their lives on the gaming table.

It is fairly easy to demonstrate that industries generally fight safety regulations or attempt to water them down through "voluntary" compacts.  See Occupational HazardsThe website is searchable.

For the Union struggle for safer workplaces see Workers' Memorial Day on the AFL-CIO website.  There are links to other statements about worker safety issues there as well.  A thorough analysis of work related deaths and injuries can be found in Death on the Job, and if you'd prefer a .pdf file version, that's available, as well.   Am I still off my game?  :-)

aMike

NOT EVERY F***ING problem in the world is MY PROBLEM.

This might have had something to do with my deducing that you were angry. Surely, the substance matters more than personal pettiness -- on that I agree.

Apparently you can't read.  I do take offense at YOUR telling me how to spend my time.  Gives you no room to dismiss everything I say as "angry."

On March 2, 2007 - 9:03pm Brook Dataski said: A play taken right out of the Karl Marx playbook -- except it's already been tried and failed over and over.

It always seems that when workers rights come up in discussion Marx’s name is mentioned. I really didn’t know why, so I looked up his name and then followed leads to the subject of Class Struggle.

I thought this sums up both sides of the issue.

http://en.wikipedia.org/wiki/Class_struggle

Thus the capitalist would like as much "free time" (unpaid labor during official lunch breaks, after official closing time, etc.) and as much worker effort as possible. On the other hand, the workers would like to be paid for every minute they work under the capitalist's authority and would like to avoid unnecessary and unpaid effort. They would also prefer higher wages and benefits (such as health insurance, defined-benefit pensions, etc.) and less of a dictatorial or paternalistic attitude from employers. Working conditions must be safe and healthy, rather than dangerous.

Not all class struggle is violent or necessarily radical (as with strikes and lockouts). Class antagonism may instead be expressed as low worker morale, minor sabotage and pilferage, and individual workers' abuse of petty authority and hoarding of information. It may also be expressed on a larger scale by support for socialist or populist parties.

On the employers' side, the use of union-busting legal firms and the lobbying for anti-union laws are forms of class struggle.

Not all class struggle is a threat to capitalism and other systems of societal domination – or even to the authority of an individual capitalist. A narrow struggle for higher wages by a small sector of the working-class (what is often called "economism") hardly threatens the status quo. In fact, by applying "craft union" tactics of excluding other workers from skilled trades, an economistic struggle may even weaken the working class as a whole by dividing it. Class struggle becomes more important in the historical process as it becomes more general, as industries are organized rather than crafts, as workers' class consciousness rises, and as they are organized as political parties. Marx referred to this as the progress of the proletariat from being a class "in itself" (a position in the social structure) to being one "for itself" (an active and conscious force that could change the world).

Marx, argued that the objective conditions under capitalism would likely develop in a way that encouraged encouraged a proletariat organized collectively for its own goals to develop: the accumulation of surplus value as more means of production by the capitalists would allow them to become more and more powerful, encouraging overt class conflict. If this is not counteracted by increasing political and economic organization by workers, it would inevitably cause an extreme polarization of the classes, encouraging the revolution that would destroy capitalism itself.

Labor must become "for itself" a political party.

If the mine disaster represents a breakdown of government oversite, then the government should be held responsible. I'm not arguing against that, but it seems the union would have some blame here, if they deemed the mine to be unsafe. Why would they allow their members to punch the clock? They could have called an immediate strike for safety concerns. If the unions are going to get involved in these issues, they are going to have to share blame when things go wrong.

Because this mine was not unionized.

On January 18, 2006 mine owner International Coal Group (ICG) issued a press release objecting to United Mine Workers of America (UMWA) participation. "The UMWA is attempting to manipulate a provision of the federal regulations, [It] does not represent the employees at the mine...[and has] no familiarity or knowledge....that will benefit the investigation...[It] seeks to interfere with the investigation in order to exploit the tragedy...for [its] own purposes...to revive organizing efforts that have floundered for more than a decade." [28] (my emphasis)

The reason why those efforts "floundered" was union-busting activities by management...the kind of activities Nathan Newman decried in his original post.

 

aMike

If you are open to some external feedback, it appears that the posting to which yours was a reply read as something of an apology. I recognize and share the annoyance being told what I am thinking, and prefer people to ask. Still, I see your "adversary" trying to work with you.

--
Howard

*equal opportunity offense to both extremes*

"Those who cannot remember the past are condemned to repeat it" [George Santayana]

Thanks, it looked to me as if he were just reiterating the same point.  But, I see your point.

it's my understanding that union safety reps are allowed by law to inspect non-union mines.

The central point is unions aren't welcome at most companies, but what's different today is a lot of employees don't see the benefits of a union. They do see union plants shutting down. Unions have to share some of the blame for lost jobs. Toyota is making a mockery of the UAW by opening plants all over the country, while UAW plants shut down. I don't see them making the innovative moves necessary to remain relevant in today's workforce. We can probably both agree on that point.

When the law enforcement agents are not particularly interested in enforcing the law, the law isn't enforced.  Shipping untaxed goods across the border is not as easy as you pretend, unless the government helps.

I note that Nathan doesn't respond to this directly here, but links to it from a 3/6 Coffee Table post calling it "delusional". Odd. I'd think it was basic courtesy to answer it in the thread that it was raised, and calling it "delusional" might well be rated an ad hominem for a mortal poster.

--
Howard

*equal opportunity offense to both extremes*

"Those who cannot remember the past are condemned to repeat it" [George Santayana]

Agree that the term is not helpful.

I do things both in and outside of union contract provisions. I am of mixed mind on various specifics but honor the achievements of unions to date. I also note the distortions of sensible process that came along with it. Somewhat like civil rights, there is justification for bending backward (some amount) in favor of unions, even though the safety and legal advances for workers are fairly secure.

I'm in an unusual situation in my orchestra, where we are more like a baseball team than an assembly line team. This is because we are not replaceable in the same way machinists are. (Our personalities are part of our product.) So our contract starts from the union base, but is much better. We could actually ditch the union, which is tempting since we are the major funders of the local. But when negotiations get nasty, we are grateful for the support of the national union. And our current sweet deal probably owes a lot to the the hard bargaining in the past.

So when dues are asked for I suck it up and chip in. However, my solo projects are not particularly helped by the union, since I have to operate at a loss to get things going. If I stuck with demanding scale I'd get zero gigs.

And I am LLC partner in a couple of ventures and find myself thinking about wages and employment questions from the ownership side. But that has not made me think unions are bad--it seems simply good management to look for contentment in the labor force. Employers should ask for better union management, not try to break the unions.

The current legislative battles are healthy, I think, by raising important issues. As long as equal attention is paid to management practices in both unions and employers I can't see the harm in bringing up questions of elections. There is some evidence, though, that NLRB has not enforced existing worker protections with enthusiasm.

Agreed that there needs to be both better union management, and, an area where I would like to be better informed, NLRB reform.

Let me try what is probably a terrible example. If the strings and the percussions sections of a unionized orchestra each felt they should get premium wages, and that the other section didn't respect their skills, is that vaguely analogous to my problem between IT and library science? Remember, IT people do get premium pay, but also longer hours -- although less rigorous education requirements.

Again with a strained analogy, what if the percussionists had many more job possibilities? In our shop, there were lots of places IT people could go in DC, but the Library of Congress, to mix another metaphor, was the Vatican for librarians and probably the most competitive employer.

Who should try to resolve these conflicts, assuming unionization? Management? Labor? A combination (if so, who does what)? Can the professionalism issue be separated from the market-based pay issue?
--
Howard

*equal opportunity offense to both extremes*

"Those who cannot remember the past are condemned to repeat it" [George Santayana]

Issues like that do come up. Our contract does allow individual contracts, which most principal players (concertmaster, lead trumpet, etc.) negotiate independently for over-scale and more time off.

More to your example is work distribution when not all are needed. In this case, management specifies the number of violas for a week's program (i.e. a small Mozart orchestra), and the section applies its own rotation rules. Sometimes there are specific player/management negotiations about whether to hire an extra player to replace someone out on sick leave or similar. The contract tries to address these anomalies but leaves some wiggle room.

The base contract is the same for all covered by group bargaining (e.g. not indiviual contracts). Seniority adds a small differential. We aren't paid according to decibel contribution, thankfully, (or the brass would clean up), but we like to joke about pay-by-the-note, since the strings would get the lion's share.

Public pronouncements notwithstanding, classical music pays its way at our level. We bring in, through ticket sales (~$25 million), pretty much the cost of payroll, stagehands, physical plant, and guest artists, as well as music director. The rest of our inflated budget (~$60 mil) is various programs intended to soak up excess fundraising, including the cost of fundraising, and provide a pillow for management. So we tend to be unsympathetic to pleas of fundraising difficulty.

London Symphony went player-managed a while ago.

Yours does seem to have flexibility. This is the sort of thing I've been trying to learn and assess, and is far more to the point than being called delusional.

Are guest artists required to be members of your union or an approved one? I understand that is largely the case in Hollywood moviemaking with the major studios and in TV, with some interesting comments from the far right talent.

--
Howard

*equal opportunity offense to both extremes*

"Those who cannot remember the past are condemned to repeat it" [George Santayana]

The hall is a "union shop", so yes, mostly. Not totally sure.

By the way, thanks for answering responsively. The esteemed Mr. Newman finally answered directly elsethread, although less than responsively.

--
Howard

*equal opportunity offense to both extremes*

"Those who cannot remember the past are condemned to repeat it" [George Santayana]

Always my goal, except when trading quips.

BTW, it just occurred to me that a useful metaphor regarding unions is military forces, in that when one has a large enough force, it doesn't get used because it is not needed. But if it were not available---etc.

It's not hard to imagine that if unions were actively eliminated the worker protections now in place would evaporate.

[sorry...hit an extra comment]

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