Proving that executive signing statements aren’t the only easy way for a presidential administration to bypass such trivialities as the democratic legislative process, federal regulatory agencies under the Bush administration have taken partisanship to an extreme.
So extreme, one such agency, the National Labor Relations Board (NLRB), is purposely pursuing an ideological agenda—one that rolls over workers, seeking to create a Dickensian world in which we all must futilely ask our employers: "Please, sir, may I have another?" NLRB chairman Robert Battista admitted as much last week in testimony before a joint House-Senate subcommittee hearing on the NLRB and its impact on workers’ rights.
OpenLeft‘s Chris Bowers sums it up this way:
By his own admission, Battista has engaged in an ideological agenda at the NLRB, seeking to correct what he saw as a left-wing imbalance of previous rulings. One does not swing the pendulum from “the left to the right” without intentionally pursuing an overtly ideological agenda.
(Bowers covered the hearing for us at the AFL-CIO Now blog.)
Wilma Liebman, one of two Democrats on the NLRB, said the board has gone far beyond the slight shifts in ideology and policy each administration seeks when a new president appoints NLRB members (see video).
Something different is going on—more ‘sea change’ than ‘see-saw.’ The current board, it seems to me, is divorced from the National Labor Relations Act (NLRA), its values, and its goals….Virtually every recent policy choice by the board impedes collective bargaining, creates obstacles to union representation, or favors employer interests.
In September, the board rammed through a series of virulently anti-employee decisions—some say, because Battista and the other NLRB Bushies see the jig might be up in 2008 and want to do as much harm as possible before then. But the September rulings are just part of the Bush NLRB’s systematic efforts to weaken or kill federal labor law enacted to protect workers’ bargaining rights. It was not accidental that Bush appointed Battista, a management lawyer in the 1990s for the union-busting Gannett/Knight-Ridder jointly operated Detroit newspapers.
Regulatory agencies like the NLRB always take on a partisan cast, depending upon who’s in power. But under Bush, partisanship has turned into extremism, and in the case of the labor board, what we see is an ideological war against all that unions represent—worker solidarity and strength.
In one of the Bush NLRB’s most fanatical decisions, the board last year expanded the definition of supervisor, meaning up to 8 million workers no longer will be eligible to join unions because under current U.S. labor law, supervisors cannot join unions. The ruling is so extreme that Human Rights Watch, which monitors human rights worldwide, condemned it, saying:
It sets the stage for destroying the rights of millions of workers to form and join trade unions and to bargain collectively. By stripping all protection of these rights from employees mislabeled as supervisors, the decision violates the principles of freedom of association as established in international law.
In 2004, in the first major decision by the Battista board, the NLRB’s Republican majority ruled that Brown University graduate assistants were students, not employees, and could not form unions at private universities unless the institution was benevolent enough to let them do so. The ruling overturned a Clinton-era decision asserting graduate student employees at private universities had the right to form unions.
The decision affected graduate student/employees at the University of Pennsylvania, where Bowers was working with student/employees seeking to form a union. Penn’s response to the ruling was not unlike that of any employer:
Union recognition is not likely, university spokeswoman Lori Doyle said. "It’s a philosophical issue. They didn’t come to Penn to take a job; they came here to get an education."
Doyle said the university had advisory groups to deal with graduate issues. "We don’t need an outside union to represent graduate students," she said.
Any graduate teaching assistant will tell you there’s more than education involved when you’re working to prepare lectures, lead discussions and grade piles of papers and exams—and provide research for full-time professors so the Big Names can fulfill their "publish or perish" duties.
In defending the NLRB, Battista, whose term expires this month, made a lot of noise about how the board was fulfilling its duties. Tellingly, Battista also noted that
the board’s current enforcement rate in the Courts of Appeals is the highest in the history of the agency. This is the best evidence that our decisions are faithful to the Act.
Actually, it’s the best evidence that the Bush administration has succeeded all too well in circumventing yet another of the checks and balances our nation’s founders initiated by stacking the judicial system with extreme ideological appointees who rubber-stamp extremist decisions rendered by Bush appointees.
NLRB decisions affect millions of America’s workers. And they affect workers one on one. Like Feliza Ryland, who was a housekeeper at the Grosvenor Resorts in Orlando, Fla. She and some of her co-workers were fired after going on strike when contract negotiations stalled and in 2001, before Bush stacked the NLRB with anti-worker members, the NLRB agreed the workers were illegally fired and entitled to back pay.
Later, the Bush NLRB ruled Ryland and other workers were not entitled to full back pay because they did not leave the picket line soon enough. The NLRB said the workers forfeited the right to full back pay because they picketed for several weeks to get their jobs back—jobs from which they had been unlawfully terminated—rather than looking for new employment. Giving full back pay would “promote idleness,” the majority said. Ryland testified:
It has now been more than 11 years since I was unlawfully fired, and I am still waiting to see the back pay, still waiting to see justice. Workers who are fired for trying to organize and bargain for a better life have been mistreated for exercising their rights. It should not take so long to get justice.
We in the union movement have protested the NLRB’s actions in the street and in the international arena. In October, the AFL-CIO filed a complaint with the United Nations International Labor Organization (ILO) charging the Bush administration’s NLRB with denying workers’ rights in violation of international labor standards.
But it’s going to take a progressive victory in the 2008 elections to begin the shift away from government by executive fiat, one of whose legacies are rulings by an ideologically twisted labor board. As Liebman sums it up, the NLRB has
reached back decades, in some cases, to reverse long-standing precedent going to the core values of [our nation's labor law]. The impact on workers’ rights has been uniformly negative. Today, fewer workers have fewer rights and weaker remedies under labor law.



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Hi Tula!
OT
Mukasey’s “We’re going to bankrupt the telcos if we don’t give them retroactive immunity” right now on C-SPAN.
I’m watching to too, eCAHNomics. Very disturbing that the rule of law stops at the beginning of the parking lot at the Justice Department under the Bush Regime! Getting tired of it…
Geesus! I think you’re right about the NLRB’s desire to do as much damage as possible before “the jig is up” after the ‘08 elections. It’s hard to believe that so many people would sell their souls, and hurt so many others for what? Money, power, greed? It will be decades before we can clean things up.
Is it like a contest to see which part of the administration can do the most damage before the elections?
Thank you for this, Tula.
The Clintons are just as much a part of the FCC farce as Bush. When Clinton was president he stepped to the pace of the corporate media interests. The future is internet news broadcasting. Over the air licensed VHF/UHF and cable news broadcasting is lost to the Murdochs and Redstones forever, aided and abetted as much by the Clintons as Bush.
If he believes in capitalism and the free market, let the chips fall where they may. It’s OK for the lawless telecoms to go under. There are several ready to replace them with a better business model. That’s how the competitive market works. Bet the next telecoms are made up of law abiding citizens.
Thank you Tula.
Republicans hate working people and the NLRB has nothing to do with relations with labor.
Heard an interesting talk yesterday about the inherent anti-worker agenda behind the concept of “productivity”.
Tula
When I worked as a professional economist, I developed a theory, from watching the data, that employers had all the power. (That’s a simplification but not a bad shorthand.) Most economists speak of the labor ‘market,’ but that assumes that there is some ability of labor to exercise its side. So I raised the thought experiment: suppose that the unemployment rate was reported to have dropped to 4.0%. What would workers do the following Monday? Line up at the bosses’ doors and demand higher wages? No, the unemployment rate would have to get so low as to convince employers that they had to bid workers away from each other. Judging by the 1960s, that would have to be below 4%, and probably a lot lower now in light of globalization.
Was going to do some experimental economics with an academic at UAz, but the project faltered on several grounds, so I am left with my theory but no evidence except that the data seem consistent with it.
Add on top of that fundamental model, your evidence that any expectation that the federal government will weigh in on labor’s side is zero, and you’ve got a really dismal picture for labor.
Past sins by labor leaders (not unlike the current crop of too-dumb-to-live D leaders), also helped pave the way.
Unions seem to be the only thing left on the other side. Pulling up by bootstraps. Worked before, will have to work again.
Selise
If you’re around, now might be a good time to pick up on some of your Qs on this topic from a month or so ago.
I wish we could discuss this without saying anyone is “too dumb to live.” That’s pretty harsh.
Bushco doesn’t have much time left and there is still so much to do. He came in with the purpose to dismantle the federal government and privitize just about everything. All power in the hands of a few – the elite. Out with democracy and in with capitalism as a form of government.
I thought yesterday’s post & thread on this topic were quite good.
These folks don’t believe in markets. Use of that term by Friedman & followers is a thru-the-looking-glass turnaround.
Markets, when they really exist, are wonderful for the efficient allocation of resources. When markets have some “imperfection”* or another (see my 10 for my thoughts about what the labor market imperfection is), looking for solutions that take advantage of what has been learned about how markets work is a good idea. Best example: pollution rights much more economically efficient than command & control pollution reduction requirements.
*Imperfection is economics jargon to indicate that most real world “markets” differ significantly from textbook conditions, and therefore don’t function the way Adam Smith indicated. Never read Smith, but think he was pretty specfic about the restrictive conditions for proper functioning of the invisible hand.
Globalization, the flight of domestic jobs into the global labor pool, has made things quite difficult for labor unions in the US. This entire generation is competing for jobs with their counterparts in most parts of the industrialized world and in India and China, with the exception of a few industries.
Have always been a big fan of the Darwin Awards, and probably overuse it.
It is interesting that the telcos want absolute immunity not only as potential criminal and civil defendants but also from discovery as non-parties in collateral litigation. Mukassey avoids the issue that the telcos (1) need to disclose what they did first and then (2) legislation can be considered as whether to grant the telcos any form of immunity.
What always surprised me about universities is 1) how sloppy their faculty searches usually were and 2) how benighted and hostile their position was toward their non-faculty work force from graduate teaching assistants to clerical staff. I expected the first to be more rational and the second to be more enlightened.
Universities (and medical & legal professions) are mafias of the intelligentsia. That’s the fundamental market imperfection in all three industries that gives them the market power to continuously raise prices well in excess of the overall rate of inflation. But is also explains why the lower rungs in all three industries get treated so badly.
It also explains to some extent why faculty searches are sloppy. If you can make up for bad decisions by raising tuitions, it reduces the incentive to make careful decisions.
As for the FCC ruling I expect this to go to the courts where it will be kicked down the road into the next Administration where it can be reversed.
But what of the mergers that will have already taken place by then? Won’t much of the damage already be done?
Universities (and medical & legal professions) are mafias of the intelligentsia.
Having been fired by the University of Texas School of Law while attempting to organize clerical workers there, all I can say is, yup.
Now might be a good time to remind everyone of Stigler’s capture theory of regulation, whereby the regulated industry captures the regulators, who then give into everything the industry wants. This Admin has done that in overdrive, explaining FCC decision.
Now wrt NLRB, the theory would suggest that labor would capture it, making it a tool of labor. But of course, W’s been able to thwart that thru pro-business appointees.
This is a major reason why trying to overcome market imperfections via regulation is so problematic. A serious effort might involve looking at ways to insulate regulators from those pressures, such as things like prescribing a bipartisan composition.
http://en.wikipedia.org/wiki/George_Joseph_Stigler
Sorry to see my theory carried out to your detriment.
I developed that way of looking at those industries in 1991, in just an ordinary anyalysis of inflation. Has stook me in good stead in the last 17 years.
I like reading Adam Smith. I have right up there with Karl Marx. When I read Smith, I keep in mind the period in which he lived. Also, he is a frugal Scotsman who didn’t have to deal with world competition as we do today. Businesses were smaller and less complex. Unfortunately, we treat Adam Smith much the way Evangelists treat the Bible, pick and choose what you want to believe and try to make that a doctrine for everyone.
There is so much confusion on “the invisible hand” that everyone has his/her own understanding of it. It is just a little too voodoo for me. I need something solid. Maybe I’m just dense.
I really don’t like capitalism. Americans think business is capitalism. Business, trading has been around from the beginning of time. Capitalism is something very different and probably could not have existed without the Industrialization. But now we are in the age of Technology and have access to any place in the world (well, theoretically after Bushco). I think capitalism is obsolete. It worked well during slavery when the way to make money was on other people’s labor. Trying to make that system fit today is like me trying to fit into a size two dress. It will never work without all seams splitting.
What didn’t kill me made me stronger, and somewhat wiser, eCAHN. ;)
off to the pool. see you nice people later on today.
Tula, great post! It makes clear to me that, for an administration widely considered to be one of the most demonstrably incompetent of any in years, decades, maybe a millenium, this administration has done an awful lot to fulfill their prime directive, which was to move the entire engine of government very far to the right, and guiding into the Neocon Age. Scary!
Basic Theory of Democratic Semiotics in two pictures:
http://freewayblogger.blogspot…..ories.html
one of the pictures is a tree!
eCAHNomics,
I agree search committee members pay no real price for making bad decisions. I have heard a ton of stories about this process. Some department heads hire mediocrities because they don’t want their positions ever challenged and because the hirees will always be beholden to them. In other cases, the faculty members may belong to the same department but their areas of expertise are so narrow that they know nothing about the qualifications for the position to be filled. Others get around making searches open by defining the position so narrowly that only the person they want meets the qualifications given. Other programs advertise a tenure track position but have no intention of granting tenure. It’s just a ploy to make junior faculty work hard and cheaply and then dump them for the next schlub. There are a zillion variations on the theme.
Great discussion. I must run out and bring six pounder to the groomer so she looks nice when visiting relatives. Also, have a hardship duty I must do for my family – test pies. I try a slice a day. Gee, this is so three pies will cover everyone’s taste. Save me!
OMG! This is exactly the same statement Tomlinson made when he destroyed PBS.
These people are rabid.
This is just a drive-by as I can’t stay, but wanted to say, Thank You, Tula.
OT
Huckabee sent unhinged letters to reporter
Ecnomics is the study of the efficient allocation of scarce resources. That is never out of date.
The two polar opposites: no gov participation in the economy (which BTW is not what W does at all; in W admin, gov participates on side of business) versus government detrmines all outcomes in the economy, so called command & control. Of the two, the latter was pretty much tried by Soviet Union. The former was sort of tried during the Gilded Age, but then, as now, the gov often weighed in on the side of powerful business.
No, we want a system that is in-between, where a goal is economic efficiency, thus taking advantage of what we know about “perfect” markets, and doing the best we can to bring other procedures to bear when markets aren’t perfect.
And economic efficiency might not be the only goal. For example, extreme disparities in income distribution might be an undesirable outcome for a smoothly functioning democracy, even if it could be shown to be economically efficient-and I don’t think for a moment that is true.
Actually, for some time now, capitalism and technology have been working together and for each other, like Janus with two heads, to capture all of time and to transform human life all together. Capitalism has locked time up. Capitalism has erased the duration of time and the extension of space. Globalization is just one byproduct of all all this.
Read about it in Eric Alliez, Capital Times: Tales from the Conquest of Time, which came out in 1996.
(Disclosure: I acquired and published this book when I was senior editor at the University of Minnesota Press.)
I’m assuming this works the same way it does for land policy. Basically, things stay in abeyance until court proceedings are finalized. If there is a substantial case, an injunction could likely be obtained. Congressional challenge to a rule someone more knowledgeable than I could talk about.
Interesting. So the fucking Attorney General of the United States is squeamish about defining torture, but he can easily state as fact that we will bankrupt the telcos if we don’t give them retroactive immunity. He’s not even a bankruptcy judge, but certainly should know more about our torture statutes due to the kind of law he’s had direct experience with, yet he can make pronouncements as if they are factual on the latter, but refuses to recognize what he should know about the other.
Blue Texan has a new post upstairs.
Mukasey’s a tool.
I tend to adhere to the teachings of John Kenneth Galbraith and Thorstein Veblen when it comes to the “dismal science”.
I always appreciate your insight. I am a lay person who must endure the consequences of bad economic practices. So I read but I have difficulty accepting theory especially when put into practice. The world divided into two systems never made sense to me. All food for thought.
But Mukasey is so much better than Gonzales. And Gates is so much better than Rumsfeld. Well at least that’s what the MSM was telling us in the aftermath of their nominations. Most Democratic pols semed to have thought so too.
good point. the consolidated media environment that has so enabled the current climate of ignorance was begun by Bill Clinton.
No reason to suppose his wife would roll back what her husband began, which is why she is so unsupportable, because those who authentically care about issues like the war and the constitution could never vote for her.
nice one!
Opposing unions means opposing the Constitution.
The bill of rights guarantees citizens the right to peaceable assembly. You don’t stop being a citizen because you draw a paycheck.
We’ve been brainwashed into believing otherwise.
I kinda assumed that when Bush nominated him.
Hi, Biodun. I’m late today. Running late for just about everything.
Thanks, Audrey!
Exactly. Grover Norquist has famously said his project for government was to shrink it down so small it could be flushed down the toilet–but the Bushies have found an equally insidious route to destroying government by making its mechanisms their puppets.
Never before has a President and Vice President deserved to be impeached more than these.
Yet our Speaker of the House of Representatives, Nancy Pelosi, is working behind the scenes with House Democrats, not to build a consensus for impeachment, but to do just the opposite: to keep others from succeeding in their effort to hold this president accountable by means of impeachment.
With the FISA bill still looming in the Senate, and a new war funding bill passed with no structure in place to Bring our Troops Home, we have to show the leaders of the House and Senate that this is still our country.
Please read the petition to replace Pelosi with a Democratic Representative who will bring impeachment proceedings to the floor. A Question of Privilege under House Rules IX can declare the Speaker seat vacant.
It can be done, it must be done. We have waited long enough.
http://www.petitiononline.com/…..ition.html
Leaving aside whether they might be bankrupted, isn’t it interesting he lays the blame on us (”We’re going to”), rather than on the telcoms who had lawyers to advise them on the law?