LECTURE 26 UNIONS & DEMOCRACY December 4, 2014

I. The Problem Democracy: Rule by the people = the “will of the people” translated into the public purposes of the state. The problem: How to form a genuine “will of the people” and how to translate it into public policy? The obstacle: We live in a highly atomized society of separate, competing individuals pursuing their individual interests, facing numerous “free rider problems.” The solution: The formation of various kinds of grass roots organizations that are directly integrated into people’s ordinary lives and concerns and which help build solidarities and collective capacity. The Solution: This helps reduce a number of problems we have discussed: information problem: an organization that one identifies with and trusts provides information that makes political choice simpler Mobilization and coordination: the organization provides political resources to get people to the polls Activation: the organization makes it much easier to get actively involved in politics if you want to

I. The Problem Democracy: Rule by the people = the “will of the people” translated into the public purposes of the state. The problem: How to form a genuine “will of the people” and how to translate it into public policy? The obstacle: We live in a highly atomized society of separate, competing individuals pursuing their individual interests, facing numerous “free rider problems.” The solution: The formation of various kinds of grass roots organizations that are directly integrated into people’s ordinary lives and concerns and which help build solidarities and collective capacity. The Solution: This helps reduce a number of problems we have discussed: information problem: an organization that one identifies with and trusts provides information that makes political choice simpler Mobilization and coordination: the organization provides political resources to get people to the polls Activation: the organization makes it much easier to get actively involved in politics if you want to

I. The Problem Democracy: Rule by the people = the “will of the people” translated into the public purposes of the state. The problem: How to form a genuine “will of the people” and how to translate it into public policy? The obstacle: We live in a highly atomized society of separate, competing individuals pursuing their individual interests, facing numerous “free rider problems.” The solution: The formation of various kinds of grass roots organizations that are directly integrated into people’s ordinary lives and concerns and which help build solidarities and collective capacity. The Solution: This helps reduce a number of problems we have discussed: information problem: an organization that one identifies with and trusts provides information that makes political choice simpler Mobilization and coordination: the organization provides political resources to get people to the polls Activation: the organization makes it much easier to get actively involved in politics if you want to

I. The Problem Democracy: Rule by the people = the “will of the people” translated into the public purposes of the state. The problem: How to form a genuine “will of the people” and how to translate it into public policy? The obstacle: We live in a highly atomized society of separate, competing individuals pursuing their individual interests, facing numerous “free rider problems.” The solution: The formation of various kinds of grass roots organizations that are directly integrated into people’s ordinary lives and concerns and which help build solidarities and collective capacity. The Solution: This helps reduce a number of problems we have discussed: information problem: an organization that one identifies with and trusts provides information that makes political choice simpler Mobilization and coordination: the organization provides political resources to get people to the polls Activation: the organization makes it much easier to get actively involved in politics if you want to

I. The Problem Democracy: Rule by the people = the “will of the people” translated into the public purposes of the state. The problem: How to form a genuine “will of the people” and how to translate it into public policy? The obstacle: We live in a highly atomized society of separate, competing individuals pursuing their individual interests, facing numerous “free rider problems.” The solution: The formation of various kinds of grass roots organizations that are directly integrated into people’s ordinary lives and concerns and which help build solidarities and collective capacity. The Solution: This helps reduce a number of problems we have discussed: information problem: an organization that one identifies with and trusts provides information that makes political choice simpler Mobilization and coordination: the organization provides political resources to get people to the polls Activation: the organization makes it much easier to get actively involved in politics if you want to

Examples Churches: Unions: Northern Protestant Churches and the Abolitionist Movement before the Civil War The Black Southern Church during the civil rights era. Evangelical Christian churches today for social conservative politics Unions: A critical component of the New Deal Coalition in the 1930s. The most important basis for mobilized working class politics in the second half of the 20th century.

Examples Churches: Unions: Northern Protestant Churches and the Abolitionist Movement before the Civil War The Black Southern Church during the civil rights era. Evangelical Christian churches today for social conservative politics Unions: A critical component of the New Deal Coalition in the 1930s. The most important basis for mobilized working class politics in the second half of the 20th century.

THREE SPHERES OF SOCIAL LIFE The economy: the sphere in which we produce and buy things The State: the sphere in which we govern our collective affairs Civil Society: the sphere in which we get together voluntarily in organizations to pursue common purposes Sociological discussions of this cluster of issues often talk about the importance of “civil society”. You can think of the problem this way: what we call “American Society” can be broken down into a number of different overlapping spheres of social processes. Think of these as different social settings in which people interact and cooperate for various purposes. A vibrant democracy depends in important ways upon a vibrant civil society in which it is easy, rather than difficult, for people to form collective associations to pursue collective purposes.

II. What Are Labor Unions? Conventional view Labor unions are a special interest organization that looks out for the narrow economic interests of their members at the expense of everyone else. Alternative View: unions help create more equal power Economic power: workers are individually in weak bargaining position, but collectively much stronger Political power: Unions help build solidarity and collective capacity for political mobilization

II. What Are Labor Unions? Conventional view Labor unions are a special interest organization that looks out for the narrow economic interests of their members at the expense of everyone else. Alternative View: unions help create more equal power 1. Economic power: workers are individually in weak bargaining position, but collectively much stronger Political power: Unions help build solidarity and collective capacity for political mobilization Power, in a market, depends upon how many options one has, how badly harmed you are if you fail to make a deal. In most circumstances, an employer has many potential employees that can be hired for most jobs. Usually it hurts an employee more to be fired than it hurts an employer for an individual employee to quit, and this means that employers have more power than workers. Unions are the most important way of creating some semblance of equality in bargaining over the employment contract.

Impact of Unions on low-wage workers (2000) Low-wage occupation Average wage Union Nonunion Yearly earnings Union Nonunion % difference Income difference Cashier $10.04 $7.35 $20,883 $15,288 37% $5,595 Janitors $12.12 $8.69 $25,210 $18,075 39% $7,134 Farm workers $10.51 $7.71 $21,861 $16,037 36% $5824 Poverty level for family of four (2000) hourly earnings: $8.40 (assuming full time work) annual income: $17,472

II. What Are Labor Unions? Conventional view Labor unions are a special interest organization that looks out for the narrow economic interests of their members at the expense of everyone else. Alternative View: unions help create more equal power 1. Economic power: workers are individually in weak bargaining position, but collectively much stronger 2. Political power: Unions help build solidarity and collective capacity for political mobilization Isolated, atomized, individual citizens are likely to be a passive, apathetic political force. The problem of rational ignorance will make people easy to manipulate and discourage participation, and in the absence of strong solidarities, a sense of civic obligation is unlikely to flourish. The labor movement is one of the important ways that individuals can be brought into politics. Two key processes: (1) ORGANIC SOLIDARITIES anchored in the workplace. (2) ORGANIZATIONAL CAPACITIES – make it easier to be involved in elections and other political actions

III. Historical Development of Labor Movement 1. Historic hostility to unions Historically, unions encountered a conflict between two values: (1) Freedom of association, and (2) Freedom of voluntary exchange in a market.

2. The Problem: vulnerability of organizers & members For a union to be strong it needs a high proportion of workers in a firm to be members: there is strength in numbers. All unions begin as weak organizations: how can a union grow from small to big, from weak to strong? When a union is weak, individuals are extremely vulnerable to reprisal from employers from joining a union. This makes it very hard for a union to grow slowly and incrementally unless there are legal protections enforced by the state. A central problem in any labor movement is therefore creating a favorable legal framework for union organizing. This is a specific example of the general issue of how the “rules of the game” facilitate or block strategies.

2. The Problem: vulnerability of organizers & members For a union to be strong it needs a high proportion of workers in a firm to be members: there is strength in numbers. All unions begin as weak organizations: how can a union grow from small to big, from weak to strong? When a union is weak, individuals are extremely vulnerable to reprisal from employers from joining a union. This makes it very hard for a union to grow slowly and incrementally unless there are legal protections enforced by the state. A central problem in any labor movement is therefore creating a favorable legal framework for union organizing. This is a specific example of the general issue of how the “rules of the game” facilitate or block strategies.

2. The Problem: vulnerability of organizers & members For a union to be strong it needs a high proportion of workers in a firm to be members: there is strength in numbers. All unions begin as weak organizations: how can a union grow from small to big, from weak to strong? When a union is weak, individuals are extremely vulnerable to reprisal from employers from joining a union. This makes it very hard for a union to grow slowly and incrementally unless there are legal protections enforced by the state. A central problem in any labor movement is therefore creating a favorable legal framework for union organizing. This is a specific example of the general issue of how the “rules of the game” facilitate or block strategies.

2. The Problem: vulnerability of organizers & members For a union to be strong it needs a high proportion of workers in a firm to be members: there is strength in numbers. All unions begin as weak organizations: how can a union grow from small to big, from weak to strong? When a union is weak, individuals are extremely vulnerable to reprisal from employers from joining a union. This makes it very hard for a union to grow slowly and incrementally unless there are legal protections enforced by the state. A central problem in any labor movement is therefore creating a favorable legal framework for union organizing. This is a specific example of the general issue of how the “rules of the game” facilitate or block strategies. Unless employers are prohibited from reprisals, most employers historically have strongly opposed unions and fired workers who tried to organize them. This was the situation before the 1930s.

2. The Problem: vulnerability of organizers & members For a union to be strong it needs a high proportion of workers in a firm to be members: there is strength in numbers. All unions begin as weak organizations: how can a union grow from small to big, from weak to strong? When a union is weak, individuals are extremely vulnerable to reprisal from employers from joining a union. This makes it very hard for a union to grow slowly and incrementally unless there are legal protections enforced by the state. A central problem in any labor movement is therefore creating a favorable legal framework for union organizing. This is a specific example of the general issue of how the “rules of the game” facilitate or block strategies.

2. The Problem: vulnerability of organizers & members For a union to be strong it needs a high proportion of workers in a firm to be members: there is strength in numbers. All unions begin as weak organizations: how can a union grow from small to big, from weak to strong? When a union is weak, individuals are extremely vulnerable to reprisal from employers from joining a union. This makes it very hard for a union to grow slowly and incrementally unless there are legal protections enforced by the state. A central problem in any labor movement is therefore creating a favorable legal framework for union organizing. This is a specific example of the general issue of how the “rules of the game” facilitate or block strategies.

2. The Problem: vulnerability of organizers & members For a union to be strong it needs a high proportion of workers in a firm to be members: there is strength in numbers. All unions begin as weak organizations: how can a union grow from small to big, from weak to strong? When a union is weak, individuals are extremely vulnerable to reprisal from employers from joining a union. This makes it very hard for a union to grow slowly and incrementally unless there are legal protections enforced by the state. A central problem in any labor movement is therefore creating a favorable legal framework for union organizing. This is a specific example of the general issue of how the “rules of the game” facilitate or block strategies. This is a really important point. Some organizations, to make a difference, need to be large. The “Rules of the game” can make it easy or hard to grow from small to large.

3. Breakthrough: the New Deal Reforms, 1930s The Wagner Act was critical Labor law reform. Key provisions: National Labor Relations Board established to oversee rules protections of workers against being fired for trying to form a union or joining a union protections against being fired for going on strike fair rules for union organizers to try to form a union and clear procedures for certifying a legitimate union requirement that employers bargain in “good faith” when there is a union and refrain from unfair tactics against unions

3. Breakthrough: the New Deal Reforms, 1930s The Wagner Act was critical Labor law reform. Key provisions: National Labor Relations Board established to oversee rules protections of workers against being fired for trying to form a union or joining a union protections against being fired for going on strike fair rules for union organizers to try to form a union and clear procedures for certifying a legitimate union requirement that employers bargain in “good faith” when there is a union and refrain from unfair tactics against unions

3. Breakthrough: the New Deal Reforms, 1930s The Wagner Act was critical Labor law reform. Key provisions: National Labor Relations Board established to oversee rules protections of workers against being fired for trying to form a union or joining a union protections against being fired for going on strike fair rules for union organizers to try to form a union and clear procedures for certifying a legitimate union requirement that employers bargain in “good faith” when there is a union and refrain from unfair tactics against unions

3. Breakthrough: the New Deal Reforms, 1930s The Wagner Act was critical Labor law reform. Key provisions: National Labor Relations Board established to oversee rules protections of workers against being fired for trying to form a union or joining a union protections against being fired for going on strike fair rules for union organizers to try to form a union and clear procedures for certifying a legitimate union requirement that employers bargain in “good faith” when there is a union and refrain from unfair tactics against unions

3. Breakthrough: the New Deal Reforms, 1930s The Wagner Act was critical Labor law reform. Key provisions: National Labor Relations Board established to oversee rules protections of workers against being fired for trying to form a union or joining a union protections against being fired for going on strike fair rules for union organizers to try to form a union and clear procedures for certifying a legitimate union requirement that employers bargain in “good faith” when there is a union and refrain from unfair tactics against unions

3. Breakthrough: the New Deal Reforms, 1930s The Wagner Act was critical Labor law reform. Key provisions: National Labor Relations Board established to oversee rules protections of workers against being fired for trying to form a union or joining a union protections against being fired for going on strike fair rules for union organizers to try to form a union and clear procedures for certifying a legitimate union requirement that employers bargain in “good faith” when there is a union and refrain from unfair tactics against unions

Basic process by which a union gets formed Organizing drive Certification election Good faith bargaining Labor contract Strikes Temporary replacements Employee protections while on strike.

Basic process by which a union gets formed Organizing drive Certification election Good faith bargaining Labor contract Strikes Temporary replacements Employee protections while on strike. Organizers try to get employees to sign cards saying that they want a union.

Basic process by which a union gets formed Organizing drive Certification election Good faith bargaining Labor contract Strikes Temporary replacements Employee protections while on strike. When a majority of employees have signed these organizing cards, then a vote is taken to “certify” the union as a collective bargaining unit.

Basic process by which a union gets formed Organizing drive Certification election Good faith bargaining Labor contract Strikes Temporary replacements Employee protections while on strike.

Basic process by which a union gets formed Organizing drive Certification election Good faith bargaining Labor contract Strikes Temporary replacements Employee protections while on strike.

Basic process by which a union gets formed Organizing drive Certification election Good faith bargaining Labor contract Strikes Temporary replacements Employee protections while on strike.

Basic process by which a union gets formed Organizing drive Certification election Good faith bargaining Labor contract Strikes Temporary replacements Employee protections while on strike. During the strike an employer can hire replacements – which unions called “scabs” to work instead of the striking workers. Often employers hire immigrants for this, and even recruit workers from poorer regions to come in.

Basic process by which a union gets formed Organizing drive Certification election Good faith bargaining Labor contract Strikes Temporary replacements Employee protections while on strike. Employers are not allowed to fire workers while on strike, but they also are not prevented from replacing them with permanent replacements. One of the conditions of settlement of successful strikes is always getting rid of the replacement workers.

Era of hostile rules to union formation Unionization Rates 1890-2008 Era of hostile rules to union formation Supportive rules Erosion of supportive rules and increasing anti-union offensive

Unionization Rates 1890-2008 Era of hostile rules to union formation Supportive rules Erosion of supportive rules and increasing anti-union offensive

Unionization Rates 1890-2008 Era of hostile rules to union formation Supportive rules Erosion of supportive rules and increasing anti-union offensive

4. Erosion of Unions after WWII Taft-Hartley amendments to the Wagner Act significantly weaken union protections “Right to Work” laws in many states prevent automatic union membership for workers in unionized firms. Wisconsin next? Increasingly lax enforcement of labor laws Increasingly sophisticated (and sometimes ruthless) strategies of employers to undermine unions

4. Erosion of Unions after WWII Taft-Hartley amendments to the Wagner Act significantly weaken union protections “Right to Work” laws in many states prevent automatic union membership for workers in unionized firms. Wisconsin next? Increasingly lax enforcement of labor laws Increasingly sophisticated (and sometimes ruthless) strategies of employers to undermine unions

4. Erosion of Unions after WWII Taft-Hartley amendments to the Wagner Act significantly weaken union protections “Right to Work” laws in many states prevent automatic union membership for workers in unionized firms. Increasingly lax enforcement of labor laws Increasingly sophisticated (and sometimes ruthless) strategies of employers to undermine unions Right to work generates massive free rider problems: Why should I pay union dues when I get all f the benefits even if I am not a member?

4. Erosion of Unions after WWII Taft-Hartley amendments to the Wagner Act significantly weaken union protections “Right to Work” laws in many states prevent automatic union membership for workers in unionized firms. Increasingly lax enforcement of labor laws Increasingly sophisticated (and sometimes ruthless) strategies of employers to undermine unions Wage theft is common in some sectors. Sweat shop conditions, especially for undocumented labor Illegal firing of workers for trying to organize a union, but impossible to file a complaint in a tmely manner

4. Erosion of Unions after WWII Taft-Hartley amendments to the Wagner Act significantly weaken union protections “Right to Work” laws in many states prevent automatic union membership for workers in unionized firms. Increasingly lax enforcement of labor laws Increasingly sophisticated (and sometimes ruthless) strategies of employers to undermine unions

Contemporary Strategies of Employers to undermine unions Mandatory captive audience meetings professional anti-union consultants Threats to move businesses and deport immigrant workers Illegal firing of workers who sign union cards. lax enforcement of labor laws by government authorities Even after union victories, use of continual, aggressive anti-union activity to block contacts.

Contemporary Strategies of Employers to undermine unions Mandatory captive audience meetings professional anti-union consultants Threats to move businesses and deport immigrant workers Illegal firing of workers who sign union cards. lax enforcement of labor laws by government authorities Even after union victories, use of continual, aggressive anti-union activity to block contacts.

Contemporary Strategies of Employers to undermine unions Mandatory captive audience meetings professional anti-union consultants Threats to move businesses and deport immigrant workers Illegal firing of workers who sign union cards. lax enforcement of labor laws by government authorities Even after union victories, use of continual, aggressive anti-union activity to block contacts.

Contemporary Strategies of Employers to undermine unions Mandatory captive audience meetings professional anti-union consultants Threats to move businesses and deport immigrant workers Illegal firing of workers who sign union cards. lax enforcement of labor laws by government authorities Even after union victories, use of continual, aggressive anti-union activity to block contacts.

Contemporary Strategies of Employers to undermine unions Mandatory captive audience meetings professional anti-union consultants Threats to move businesses and deport immigrant workers Illegal firing of workers who sign union cards. lax enforcement of labor laws by government authorities Even after union victories, use of continual, aggressive anti-union activity to block contacts.

Contemporary Strategies of Employers to undermine unions Mandatory captive audience meetings professional anti-union consultants Threats to move businesses and deport immigrant workers Illegal firing of workers who sign union cards. lax enforcement of labor laws by government authorities Even after union victories, use of continual, aggressive anti-union activity to block contacts.

Contemporary Strategies of Employers to undermine unions Mandatory captive audience meetings professional anti-union consultants Threats to move businesses and deport immigrant workers Illegal firing of workers who sign union cards. lax enforcement of labor laws by government authorities Even after union victories, use of continual, aggressive anti-union activity to block contacts.

The Wisconsin Story Historically a state with strong labor unions The first public sector union was started in Wisconsin 2010 Scott Walker elected with solid majorities in State Assembly and Senate Act 10: effectively destroys most public sector unions 2015: passes “Right to Work” laws to undermine private sector unions

Wisconsin Public Sector Union Membership as a % of Public Sector Employment 53.4% 26.3%

Consequences for Democracy of decline of unions Absence of a coherent associational basis for a working class electorate Reduced pressures on the Democratic Party to focus on working class interests Reduced counterweight to role of money in shaping political agendas: two sources of power in a democracy – willingness to pay and willingness to act. Unions used to be a central basis for the latter.

Consequences for Democracy of decline of unions Absence of a coherent associational basis for a working class electorate Reduced pressures on the Democratic Party to focus on working class interests Reduced counterweight to role of money in shaping political agendas: two sources of power in a democracy – willingness to pay and willingness to act. Unions used to be a central basis for the latter.

Consequences for Democracy of decline of unions Absence of a coherent associational basis for a working class electorate Reduced pressures on the Democratic Party to focus on working class interests Reduced counterweight to role of money in shaping political agendas: two sources of power in a democracy – willingness to pay and willingness to act. Unions used to be a central basis for the latter.

Consequences for Democracy of decline of unions Absence of a coherent associational basis for a working class electorate Reduced pressures on the Democratic Party to focus on working class interests Reduced counterweight to role of money in shaping political agendas: two sources of power in a democracy – willingness to pay and willingness to act. Unions used to be a central basis for the latter. The slide toward plutocracy