
First, I want to thank everyone who welcomed me in the Firedoglake family last week as I assume the spot so ably and passionately filled by Jordan Barab. It will be tough to match Jordan’s wit or his knowledge of the union movement, but I’m thrilled to join FDL’s great community. Christy, Pach, emptywheel, TRex, and most of all, Jane really have made this a great gathering place for so many informed and interested people who in turn have created a true progressive forum.
Now, on to really great news. Last week, I described how difficult it is for U.S. workers to form unions under our current labor laws, which are badly outdated and so full of holes that some employers get away with illegal actions like firing workers who express an interest in joining unions.
Some 60 million workers say they would join a union if they could—but our labor laws, dating back to the 1930s, are skewed in favor of corporate giants who spend big bucks to harass and intimidate workers. And it works—after all, how many people want to lose their jobs? (Although, as I noted, it’s illegal to fire workers for forming unions, management does it anyway, counting on the fact that it often takes years for a worker’s appeal to wind its way through the regional and national labor boards and even the courts.)
A few years ago, we in the union movement began pushing for a bill called the Employee Free Choice Act that would level the playing field for workers and help rebuild America’s middle class and restore the freedom of workers to choose a union. (Get the details of the act here.)
Even in the unpleasant 109th Congress, we got 215 co-sponsors in the House and 44 in the Senate. But with a new, worker-friendly Congress, we now have 231 House co-sponsors—and the bill, H.R. 800, was introduced Monday night!
I’m not a big fan of using exclamation points. But after years of working for this bill, its introduction in the House with a Democratic majority is such a major deal for America’s workers that it’s impossible not to be thrilled! The last time legislation to change U.S. labor laws was introduced was in the late 1970s, and it didn’t get very far.
We have a list of the House co-sponsors here. Check it to see if your lawmakers have signed on. E-mail them and ask them to support the bill, H.R. 800.
What a difference an election makes. (And what a difference everyone in the netroots and union movement made this past election.) A few years ago, some expressed doubt that our efforts to change the nation’s labor laws could ever happen. But Nov. 7 showed the need to combine a robust program to organize workers with equally strong political action. From Dennis Hastert, who never in his life would co-sponsor the act, we now have a House led by Speaker Nancy Pelosi, who made introduction of the Employee Free Choice Act one of Congress’s first priorities after the first 100 hours of legislation. Says Pelosi:
The right to form unions, the right to quality health care, the right to bargain collectively, and the right to safe workplaces are non-negotiable. Too often American workers face harassment, intimidation, and coercion when they try to exercise the right to join a union. The Employee Free Choice Act preserves this fundamental freedom, benefiting all American workers and their families.
Among those Americans are a growing number of professionals who find their middle-class life threatened by economic forces that, without a union voice at work, they can’t control. In fact, “many young, white-collar workers are now as bewildered by the ‘new economy’ as manufacturing workers have been for a generation,” according to Jim Grossfeld and Celinda Lake. Writing on The America Prospect online, they offered their perspectives on a recent Center for American Progress study, White Collar Perspectives on Workplace Issues.
As a 20-something techie in the once bustling Silicon Valley told us: “I think a lot of people, you know, 30 years ago, could get a job that was relatively stable, but, here I am, five years out of school, and I've had four jobs. It's not because I'm not good because I've gotten praise from every single job I've been at. It's just that the fact that the companies don't seem stable.”
But it's not just that these workers' future career prospects look murkier. The quality of their work lives is tanking, too. It is difficult to overstate the importance of this decline. Technical and professional employees share a profound conviction that their work ought to be intellectually satisfying—even an expression of their values. However, when employers press for cost savings and workloads soar, psychic wages take a plunge. Echoing the sentiments of many of the workers we spoke to, when asked to describe her office, one San Jose woman answered: “Busy, overworked, under staffed, not enough people in the group to do all the work we need to do so everyone's doing a lot of work and just running around like a chicken with a head cut off.”
AFL-CIO Organizing Director Stewart Acuff puts it this way:
[There is a] direct correlation between 25 years of stagnant, flat-lined wages and the assault on unions. Forty-seven million of us are without health care and 40 million with inadequate health care, [and] 20 percent more of us [live] in poverty now than when this decade started.
By leveling the playing field for workers seeking to form unions, the Employee Free Choice Act will improve the wages, working conditions and job security for workers who want to sign on. By ensuring that workers who want to join unions don’t experience employer harassment, the Employee Free Choice Act can replicate the experience of workers like Asela Espiritu, a registered nurse at Kaiser Permanente who didn’t have to endure harassment and intimidation to win a voice on the job through her union.
Espiritu works at the Kaiser Permanente Medical Center-Orange County in Anaheim, Calif., which was the only hospital—out of Kaiser’s 13 hospitals in Southern California—in which the workers didn’t have a union.
She and her co-workers formed a union in 2000 with United Nurses Associations of California/Union of Health Care Professionals-AFSCME at Kaiser under their company’s national neutrality and majority sign-up agreement. Requiring employers to follow a code of conduct in union campaigns and allowing more workers to use the majority sign-up process are both part of the Employee Free Choice Act.
The employees formed a union quickly—three months after they had started their organizing effort. Under the current National Labor Relations Board process, it can literally take years for workers who want to join a union to do so. Says Espiritu:
The 2000 negotiations gave us a lot of power and the voice to speak up on behalf of our patients. It’s not perfect, but we are on the road to solving the issues that affect the rank and file day in and day out. We have stability, and we have become a very desirable workplace.
Everyone wants to work here now. Nurses say, ‘I want to be a nurse at Kaiser.’ Our vacancy rate is at an all-time low. We are the highest-paid nurses in the county. It’s not just about the benefits either; it’s about the nurse-to-patient ratio we were able to get through Kaiser and the union working together.
We stand a good chance to get the Employee Free Choice Act passed in the House. The harder part will come in the Senate. But we’re making progress getting co-sponsors there as well, and when we get a firm list, you’ll see it here.



45 Comments





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fitz
Ah, Fitz.
Good for you, joysness.
What really frosts me is when Catholic hospitals make unionizing difficult when “protection of workers” is a major tenet of Catholic social teaching. Any legislation that will protect workers is good.
Tula, thanks for this – great news indeed.
Your link to the list of co-sponsors doesn’t work for me; can anyone behind the scenes provide a fix?
!!!!!!!!!!!!!!!!!!!!!!!!
None of the links are working for me.
That is great news, Tula
welcome back, Tula – and
Go EFCA!
(h/t joysness)
Pachacutec @ 5
Come on, Pach – tell us how you really feel.
This bill will have a tremendous impact on the liberal/progressive movement. With millions of new workers joining unions, collective bargaining will be strengthened with the overall increase in quality of life issues. This iwill fuel ncreased activism and allow progressives to reach out to still untouched portions of the American electorate.
Besides this, it is the right thing to do. No American electorate – nor that of any modern democracy – would put up with anything resembling the NLRB’s anachronistic election rules.
Workers who have successfully organized in today’s world have done so under extreme duress. Intimidation, one on one meetings, employer threats, interrogation, aggressive propoganda, and isolation are just some elements brought to bear on union supporters. Nevermind that winning an election does not guarantee a fair negotiated cntract under the current system.
We’re working on the links and will let folks know when to refresh your screens.
Is it just me or are the blue links not working?
BTW, Tula, this is wonderful news !
Welcome Tula- I discovered some of your articles independently of FDL- great to have you here. Hope you can “chat” via comments when your articles are posted.
Had to go up and read the post :)
This is great news Tula. Lets hope we can get enough supporters in the Senate to get this passed into law.
Fabulous, Tula!
Will go spam it to my blog!
You wanna get a union into Wal Mart. Strike. That IS the working woman’s and man’s tool. And it’ll work. Believe me, it will work. Perhaps it’s time for some busted knuckles.
If everyone can refresh your screens, I think we have managed to fix the link glitch. Sorry for any inconvenience.
Affect the bottom line. Profits.
If a strike is threatened, (or worse, happens) watch the stock nose dive. Share holders don’t like that. Scabs? This issue can be dealt with.
Imagine. If all Wal Mart employees didn’t show up some Sunday morning, and decided to go to church instead.
If workers are not prepared to take risks, then their ‘lot’ will not improve.
An organized labor force puts a floor under our entire society – job safety and training, medical care, retirement income, sick leave, parental leave, leisure time.
We have a right to an organized labor force. It is a public asset.
Links are working for me. Thx much
Ok kiddo – Imagine what this could do for southern politics. (makes this progressive giddy.)
btw, run kiddo, run!
Are my views of the huge power of American labor too radical?
FYI – There’s an important special election going on right now in New York’s Nassau County.
You can follow the results at the Albany Project website, which, by the way, is excellent.
Here’s a link to the results page:
http://www.thealbanyproject.co…..iaryId=345
End ‘right to work’. Democrats.
Get rid of the DLC.
Hallelujah!
This would have made all the difference in the world for a 1199 election I was part of years ago. Didn’t go so well.
We have to get this passed.
Close the bold, please, for the main page – it’s effecting everything else.
Thx. :)
Whether they mine our coal in West Virginia, change our sheets in the Motel Six in Detroit, serve our meals in Lodi, or stand behind a WalMart register in Miami, our workers deserve dignity, respect, and a “fair deal”. It’s hard work.
Congrats on the intro of this bill – can we concurrently work to repeal the Taft-Hartley Act. As long as the at-will employment provisions exist in federal law and shelter employers, we will never achieve workplace equality.
Peace out.
In SF workers’ rights news, everybody gets sick leave starting yesterday:
Remek @
30
Thanks, refresh and it should be fixed.
TeddySanFran @ 33
Teddy, that’s outstanding. I somehow missed hearing about that until now. Thanks for the good news!
Some in my Democratic family, and most of my liberal left-wing friends ask me would I shut this country down for health benefits, over time pay, a living wage and the right to organize? Yes. Is my answer.
new thread Jane and Swopa reporting
Details:
Eureka Springs, AR @ 24
No. They are not. The same ideas are what sparked the modern labor movement and the New Deal.
Ever thought about being a union organizer?
I would love to know how anyone thinks this can pass the Senate, where 60 votes are required. And if it does, it will be vetoed. This is a do-or-die issue for business–small, big, and in-between.
Paul @ 39
More and more every single day..)
I look at the union movement and think “yes this needs to be attended to, but can we afford it?: with business shouldering the burden of health care, etc, and being increasingly non-competitive. The answer is to spend our tax money much more wisely — who in the world spends so much on “defense” –spend it instead on health care and that major competitive issue goes away. Close loopholes that let corporations hide their profits in offshore incorporation,make them pay their taxes. That’s a step. Yes make unionizing more feasible, but fix the problems that make unions go to employers for benefits they shouldn’t have to afford.
We need to de-link most benefits from employment. If GM can’t provide health care for its employees, mom and pop enterprises certainly can’t.
Just a question about union accountability: Are there any provisions in this Act that hold the unions accountable for their actions in situations such as corporate campaigns?
I am a strong supporter of organized labor, but there need to be safeguards in place to protect organizations as well from attack from the unions. There are many famous cases in which less than scrupulous unions engage in what amounts to attempted extortion: misrepresenting or outright lying about an organization, paying employees or ex-employees to file bogus unfair labor practices cases, and even releasing false information about protected customers, which the company is forbidden by law from correcting publicly.
In some cases, the corporate campaigns – against large employers with no serious track record of employee abuse – even attempt to undermine the organization’s ability to do its work.
In their original form, as originally intended, corporate campaigns are excellent tools for organized labor to pressure noncompliant employers into allowing union management to talk to employees directly. If an employer has committed violations of labor law, harrassed employees, or committed other obvious breaches, this kind of campaign is a good solution to overcoming employee reticence to learn more about unionization.
Unfortunately, corporate campaigns have also been used in recent years to intimidate or outright extort principled organizations whose employees are happy and have no interest in unionizing. In this case, the union – citing its own interest in gaining market share – will attempt to convince workers they need to join, with their arguments including misleading or outright false information. It’s insidious.
I agree that unscrupulous, abusive employers need to be held accountable for their treatment of employees, and that worker intimidation is not an acceptable response to their workers’ wishes to form a union.
What we also need are checks AND balances, to protect employers from unscrupulous unions. If employees really aren’t interested in joining a union, what good will it do for a union to spend millions of dollars of member dues in order to harass an employer into signing a so-called “neutrality agreement”?
You can read more about corporate campaigns here, particularly one union executive’s flagrant admission that his goal is increasing market share. It’s chilling.
http://theunionlabelblog.com/2…..d-of-town/
Perhaps I missed something. What is anachronistic about a secret ballot election?