Ending GM’s Two-Tiered Labor System is UAW Members’ Top Demand — And Part of a Bigger Fight Against Worker Classification

Originally published in The Intercept on September 26, 2019.
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Since last week, nearly 50,000 GM workers have been on strike, in part against a two-tiered system enforced by the auto giant that leaves “temporary” workers doing the same jobs as permanent staff for substantially less pay and fewer benefits.

The striking workers, represented by the United Automobile Workers union, or UAW, are demanding a defined path to “permanent seniority” for GM’s temporary workers — who make up about 7 percent of GM’s U.S. workforce. GM has also entrenched inequality in its ranks by contracting out some jobs, like custodial work, that were traditionally staff roles.

“I work right across from a temporary employee who’s been there for two and a half years,” Chaz Akers, a Michigan-based autoworker who has worked at GM for 3 1/2 years told Reuters. “I install the passenger side headlight. He installs the driver side headlight. I make more money than he does. I have better health insurance than he does. It ain’t fair. It ain’t right. If you’re going to pay people to do a job, pay them all the same.”

The workers’ demands are part of a broader push against worker misclassification, a tactic used by employers to lessen their labor costs. The fight has been playing out most aggressively in California, where Democratic Gov. Gavin Newsom signed a sweeping bill last week to transform the lives of workers in his state. The law — known as AB5 — sets strict limits on who can be classified as an independent contractor, rather than an employee, and is the most serious legislative threat to the gig economy in years. The law also provides new momentum for advocates considering similar reforms in other states.

Coming to an agreement on temporary workers has become the most difficult issue in the GM-UAW negotiations, according to the Detroit Free Press. Both sides are reportedly holding strong to their positions. The Free Press also reported that resolving questions around temp workers was union members’ top request when UAW leadership surveyed them last year.

Protests of temporary workers by the UAW is “not a brand-new development” said Jake Rosenfeld, a sociologist at Washington University in St. Louis and author of “What Unions No Longer Do.” “But it does seem really foregrounded now in the union’s complaints, and that seems new. These classification disputes, from my perspective, seem to be growing and tracks on to the same battles over classification in California with Uber and Lyft.”

GM, like Uber and Lyft, is pushing back against the workers’ demands by claiming that such “flexible” workers are necessary for its business model. Right now, GM is trying to convince permanent, full-time workers to accept raises and more job security in exchange for freedoms around temps.

For example, GM has reportedly proposed a boost to the company’s profit-sharing formula, financial gains that would only go to permanent, full-time employees. GM workers typically earn about $1,000 for every billion in GM’s North American pretax profits. In 2018, eligible employees earned payments up to $10,750.

Temporary workers, who often do the same work as traditional employees, are paid less, entitled to fewer benefits, and are easier to get rid of. “That’s a trend that we’re seeing all over the economy as companies try to shed conventional, full-time employees in favor of independent contractors, subcontracted workers, or franchised employees,” said Alexander Hertel-Fernandez, a political scientist at Columbia’s School of International and Public Affairs. “The difference with the auto manufacturers is that their temporary workers are covered by the UAW and its contracts, unlike in most other sectors of the economy.”

In 2007, under pressure from the financial crisis, UAW leaders agreed to a two-tiered contract, in which new GM hires would be paid at lower rates than workers hired before. To get out of this arrangement, widely deemed unfair, the union negotiated a new contract in 2015, in which new hires would still have lower starting salaries, at $15 an hour, but could “grow into” the full UAW hourly wage of roughly $30 an hour after eight years. Union leaders — citing GM’s clear improved financial position with billions of dollars in profit — now want to shorten that process, under the basic principle of equal pay for equal work. GM and the UAW did not return requests for comment.

GM’s current arrangement with temporary workers is one of several ways that employers have managed to fissure their workplaces over the last few decades, said Nelson Lichtenstein, a labor historian at the University of California Santa Barbara. Another example is by spinning off portions of their companies, like in the 1990s, when GM spun off its parts factory, Delphi. “What that meant was all of a sudden, Delphi was competing with lots of other non-union companies and went bankrupt [in 2005] and so then, of course, in the bankruptcy proceedings, you manage to transition to lower wages,” Lichtenstein said. Another way is by contracting out custodial staff who used to be company employees.

“In the auto industry, janitors used to be employed by the auto companies and got the same wages as autoworkers,” he said. “In fact, autoworkers would often become janitors as they got older because it was easier labor and still good pay,” said Lichtenstein. “Eventually, all the companies said, ‘OK, janitorial work is not part of our core business — we’ll just outsource it.’”

In general, there has been an upward trend in companies like GM moving toward temporary workers. In 1990, according to the Bureau of Labor Statistics, 42 percent of all temp workers in the U.S. were in clerical positions, compared with 28 percent of temp workers in the manufacturing and industrial sectors. But by 2000, just a decade later, 47 percent of all U.S. temp workers would be working in the manufacturing and industrial sectors.

The UAW, for its part, has a record dating back to the early 1980s of negotiating concessions around labor costs if economic conditions sour, with the understanding that if the company’s fortunes improve, those concessions would be phased back out, Lichtenstein said.

GM, Ford, and Chrysler all say that they may need to increase their use of temporary workers in the future, pointing to the fact that they’re competing with non-union foreign manufacturers that have more temporary workers and lower labor costs. In June, the Los Angeles Times reported that workers at rival auto plants run by Toyota, Nissan, and Honda make $50 an hour in wages and benefits, while GM workers cost $63 an hour. Temporary workers make up about 20 percent of the Japanese automakers’ plants.

A former GM temp worker, now in a skilled trades apprentice program, told Michigan’s public radio station last week that being a temp was one of the worst times of her life. “They have a way of pitting you against a permanent employee where you feel like, if you go the extra mile, if you work a little bit more than your union brother or sister, that will give you an opportunity to eventually get hired in full time and that’s not the case,” she told the radio station.

Lichtenstein believes it’s clear that these two-tiered systems are weakening labor organizations. “And it’s not just a humanism or good-feeling thing,” he said. “It’s also a recognition that this is going to divide and then destroy the union.”

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The Biggest Strike in America Is About How Much Bosses Can Gut Your Healthcare

Originally published in VICE on September 18, 2019.
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When about 48,000 workers went on strike Monday against General Motors, they launched the largest American labor stoppage against any business since the financial crisis. The striking union—the United Auto Workers—is confronting vicious headwinds in the form of always-cheaper foreign labor, reduced car sales, and pressure to invest in electric and self-driving vehicles at a time of impending climate catastrophe.

On top of all that, workers formed picket lines because GM is trying to effectively cut their hard-fought healthcare benefits. According to the Center for Automotive Research, a Michigan-based think tank that receives some funding from auto companies, the average UAW worker pays about 3 percent of their health care tab, compared to 28 percent paid by the average American worker. Crain’s Detroit Business reported on Monday that GM’s initial contract offer asked workers to start paying 15 percent of their healthcare costs.

While such a move by an employer may seem fairly ordinary by contemporary standards, it wasn’t that long ago that Americans would have viewed this request as a huge scandal. In fact, experts said, that a once-mighty labor union is fighting tooth and nail to save generous health plans speaks to the economic precarity most Americans have grown to numbly accept.

“Having to pay large amounts of your health-care, that is still a fairly recent phenomenon,” said Erik Loomis, a labor historian at the University of Rhode Island and author of A History of America in Ten Strikes.

Loomis pointed to a 1983 labor stoppage where thousands of copper miners and mill workers went on strike for almost three years against the Arizona-based Phelps Dodge Corporation. “One of the key issues of that strike was that workers were so outraged by the request that they pay part of their health care,” he explained. “It was unprecedented, and yet today it’s become so normalized. Everyone complains about it, but employers just slowly force more and more of their costs onto their workers.”

Rather than ask why UAW workers pay so little in healthcare costs relative to others, Loomis said, the conversation should be framed around “workers defending what they have, and not letting companies cede more and more of their responsibility.”

Employer-based health insurance was actually something of a historical accident in the United States, led partly by labor unions that were barred from negotiating over wages during World War II. That led unions to begin focusing on other types of permissible fringe benefits, including employer-sponsored insurance. Many non-union companies followed suit, facing pressure to compete with unionized firms. Subsequent changes to the federal tax code made offering health insurance even more attractive for employers, so much so that 70 percent of the population was covered by private health insurance in the 1960s, up from nine percent in 1940.

Today, of course, when “job hopping” is common and the so-called gig economy means many workers are not full-time employees, it’s become painfully evident that tying health insurance to work is less than ideal.

Shaun Richman, who directs a labor studies center at SUNY Empire State College, said there is a strong case for “getting the boss out of the doctor’s office” altogether. Employer-based health insurance, he argued, “is plainly outmoded and is absolutely killing unions.” His thinking is partly strategic: Every time a union starts a round of contract negotiations, they almost invariably begin by fighting back against proposed healthcare cuts. “There’s simply no round of bargaining that employers won’t put healthcare on the table, and it’s been devastating,” Richman said.

Indeed, the fight over healthcare benefits is central to understanding the last few decades of labor disputes in the United States.

“The major issue we saw during labor walkouts in the 1990s and 2000s had to do with the restructuring of healthcare plans,” said Jake Rosenfeld, a sociologist at Washington University in St. Louis and author of What Unions No Longer Do. “Wages were really the secondary concern.”

Whether the auto workers can make their fight for affordable healthcare resonate with the broader public may be key to the UAW sustaining support for the strike in general. Alexander Hertel-Fernandez, a political scientist at Columbia’s School of International and Public Affairs, said auto workers might struggle to engender the same level of enthusiasm that striking teachers have across the country beginning last year. In fact, they might not even reach the same level of support as workers at other recent service-sector strikes like those at Stop & Shop grocery stores and Marriott hotels.

“My research and the work of others suggests that it may be easier for workers to build solidarity with their broader communities when they have daily interactions and are in the same social networks as the public,” Hertel-Fernandez said.

Still, as Rosenfeld pointed out, one thing working in the UAW’s favor is the clear profit margins enjoyed recently by U.S. auto companies. “GM is highly profitable now, and was bleeding money during the last 2007 walkout,” he said.

While the last UAW strike in 2007 ended after just two days, at least one union leader suggested Monday this labor stoppage could go on for much longer. On Tuesday, the White House reportedly began trying to broker a deal to end the strike, but GM also announced that it would be cutting off its share of strikers’ health benefits, shifting the burden to unions and telling workers they could apply for COBRA. On top of this financial blow, the average full-time UAW will be paid just $250-per-week while the strike stretches on—assuming the union’s strike fund holds up.

“They’re in a war for their lives, and the company is basically putting a gun to the unions’ head,” said Richman. “They’re saying we’ll reopen one of these factories if you agree to all these other concessions. I don’t think the UAW has much choice but to stand and fight, but this is not public education—schools can’t be shipped overseas. These jobs very much can be shipped overseas and have been. That threat is very real.”

8 Unions Have a Plan for Climate Action—But It Doesn’t Mention Fighting the Fossil Fuel Industry

Originally published in In These Times on August 26, 2019.
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On June 24, the BlueGreen Alliance—a national coalition which includes eight large labor unions and six influential environmental groups—released an eight-page document laying out its vision to curb climate change and reduce inequality. The report, dubbed Solidarity for Climate Action, marks a significant development in the world of environmental politics. It argues the needs of working people must be front-and-center as the U.S. responds to climate change, and rejects the “false choice” between economic security and a healthy planet.

While the report’s focus on public investment, good jobs and justice shares much in common with the federal Green New Deal resolution introduced in February, it also stands in tension with environmentalists who demand the U.S. work to transition more quickly away from oil, coal and natural gas. “We’d really like them to be stronger and more concise about what it means to move away from fossil fuels and transition to renewables,” said José Bravo, executive director of the Just Transition Alliance and speaking on behalf of the Climate Justice Alliance. Members of the BlueGreen Alliance say the ultimate goal should be to decarbonize the economy—to reduce CO2 emissions, but not necessarily end the fossil fuel industry itself, with its tens of thousands of high-paying jobs. Other climate groups say that won’t be enough, and humanity cannot afford to preserve industries that have caused so much environmental harm. This difference in vision will stand as one of the most fundamental political questions facing progressives in the next decade.

The report spells out a series of principles, including limiting warming to 1.5°C, expanding union jobs, modernizing infrastructure, bolstering environmental protections and rebuilding the nation’s manufacturing sector with green technologies. It also elevates the issue of equity, calling to “inject justice into our nation’s economy by ensuring that economic and environmental benefits of climate change solutions support the hardest hit workers and communities.” The BlueGreen Alliance emphasizes the disproportionate impact low-income workers and communities of color will face, and says those affected by the energy transition must receive “a just and viable transition” to new, high-quality union jobs.

To make its platform a reality, the BlueGreen Alliance endorses a host of specific policies and timetables, like reaching net-zero emissions by 2050, while being “solidly on a path” to that goal by 2030. Among other things, the report calls for measures like restoring forests and wildlands, cracking down on empl­oyee misclassification, making it easier to unionize one’s workplace, winning universal access to high-speed Internet, and “massive” economic investing in deindustrialized areas, “including remediating any immediate loss of tax base or public services for communities.”

Labor groups in the coalition include the United Steelworkers, the Utility Workers Union of America, the Service Employees International Union, the American Federation of Teachers, the Communications Workers of America, the United Association of Plumbers and Pipefitters, the Union of Bricklayers and Allied Craftworkers, and the International Association of Sheet Metal, Air, Rail, and Transportation Workers. The environmental organizations include the Sierra Club, the Natural Resources Defense Council, the National Wildlife Federation, the Union of Concerned Scientists, the Environmental Defense Action Fund, and the League of Conservation Voters.

Following the 2016 election, the coalition organized listening sessions with workers in communities that voted for Donald Trump, like in Macomb County, Michigan, and the Iron Range in Wisconsin. After those discussions, leaders started investing in broader polling, message-testing and focus groups. While opponents of regulating greenhouse gas emissions relish exploiting tensions between environmentalists and labor unions, Mike Williams, the deputy director of the BlueGreen Alliance, said it became clear from the research “that working people do quite care about climate change, but they also believe they should not be forced to make a choice between that and having a good job.”

“We went through a lot of iterations and a lot of conversations,” said Sara Chieffo, the vice president of government affairs for the League of Conservation Voters. “There was real unanimity that we were solving the twin crises of inequality and climate change.”

Jeremy Brecher, the co-founder of the Labor Network for Sustainability, which supports organized labor in tackling climate change, tells In These Times that he sees the Solidarity for Climate Action report as “quite a significant stepping out” for the BlueGreen Alliance. “The BGA was basically [created in 2006] to advocate for the growth and quality of jobs in the clean economy,” he said. “It did not take positions on targets and timetables for carbon reduction, clean coal and the KXL pipeline. It was a green jobs organization, which is important in terms of understanding where the BGA was coming from.” Brecher says the BlueGreen Alliance’s new statement “about the pace of greenhouse gas emission reductions and the absolute centrality and necessity of it is an extremely positive development.”

Evan Weber, the political director and co-founder of the Sunrise Movement, agrees. “I think the platform represents a really historic step forward for a number of the nation’s largest and most influential labor unions,” he said. “It leaves some questions about what needs to be done, and we’d like to see more ambition, but it is really meaningful that these groups and unions have come to the table and shown that they’re willing to move forward and not stay in the ways of the past.”

The Green New Deal resolution was introduced in Congress as the BlueGreen Alliance hashed out its own proposal. The leaders of some labor unions in the BlueGreen Alliance that represent workers in the fossil fuel industry—including the Steelworkers and the Utility Workers—have publicly voiced criticism of the Green New Deal, blasting it for a lack of specifics. The federal resolution “certainly took over a big portion of the national climate conversation, and a few of our partners were supportive, but there is also skepticism from the labor side,” said Williams. “As we were working we said we need to focus on our own process to see where we can forge alignment.”

Some hope the BlueGreen platform can serve as a policy blueprint for moving forward on the Green New Deal. SEIU, which represents 2 million workers, is both a BlueGreen coalition member and the first international union to back the federal Green New Deal resolution. “SEIU members know that we must take bold, immediate action on climate change, including holding corporations accountable for rampant pollution and ensuring good union jobs as we transition to a clean energy economy,” president Mary Kay Henry told In These Times. “That’s why we are proud to support both the Green New Deal, our North Star for what needs to be accomplished on climate change, and the BlueGreen Alliance’s platform, a roadmap for how we can get there.”

The League of Conservation Voters also endorsed the Green New Deal resolution back in February, and Chieffo told In These Times that her group sees the Solidarity for Climate Action report as “a really essential addition” to the conversation. “We are proud to endorse the Green New Deal and I think it’s incredibly valuable to have these eight powerful unions at the table laying out a proactive vision for how we tackle climate change.”

In These Times reached out to the original co-sponsors of the Green New Deal, Rep. Alexandria Ocasio-Cortez (D-N.Y.) and Sen. Ed Markey of (D-Mass.), for comment on the BlueGreen Alliance’s report.

Anika Legrand-Wittich, a spokesperson for Ocasio-Cortez, said while she was unable to reach the Congresswoman for specific comment, she “confirmed with our staff that we have indeed worked with BlueGreen Alliance and share many of their goals.”

Giselle Barry, a spokesperson for Sen. Markey, pointed to a supportive tweet the senator posted following the report’s release. It signal boosted the BlueGreen Alliance platform, and reads, “Transforming our economy and combatting climate change will create millions of jobs, but it won’t be possible without our workers and their families. Great to see our allies in organized labor continuing to make climate action a top priority.”

New Consensus, a think tank working to develop policies for the Green New Deal, said in an email “We don’t have any comment on the BGA report at this time.”

Fossil fuels

Despite its generally positive reception, the Solidarity for Climate Action has not gone without critique — and some environmental groups and labor leaders have raised issues and questions about the platform.

“I don’t think it goes far enough in terms of moving us definitively off fossil fuels at the speed that is required,” said Weber of the Sunrise Movement.

Brecher, of the Labor Network for Sustainability, said while overall the report marks a “very big step forward” for unions, he thinks its language “can use a little tightening up” to prevent groups from having too much “wiggle room.” He specifically pointed to language that America should be “on a pathway” to reducing its emissions, and suggests that be more specific. “It is overall quite close to the Green New Deal resolution, which also has a little wiggle room,” he said. (For example, most action items in the Green New Deal come with the caveat of “as much as is technologically feasible.”)

Julian Brave NoiseCat, the director of Green New Deal strategy at Data for Progress, a progressive think tank, said his organization’s vision for climate action shares a lot of overlap with the BlueGreen Alliance platform. But he noted BlueGreen Alliance’s does not include a 100% clean energy commitment, nor explicit provisions to phase-out fossil fuels, and it does not include a 10-year mobilization, in line with the Green New Deal. He also said he wonders whether the BlueGreen Alliance would support a federal jobs guarantee, or some other federal work provision.

Erich Pica, the president of Friends of the Earth, a climate group, said while it’s significant to see the labor movement taking proactive steps on the environment, as well as seeing the report’s emphasis on justice and equity, he protested its lack of mention of fossil fuels, natural gas, oil or coal. “How do you have solidarity for climate action when you’re not proactively calling out the very fuel sources that we have to eliminate from the U.S. economy?” he asked. “It says a lot of great things about how we want the economy structured, but in many ways it papers over where some of the greatest disagreement is between parts of the labor movement and the environmental community.”

Pica also acknowledged that the Green New Deal resolution did not make any mention of fossil fuels. “We were critical of that, too,” he said.

Mike Williams, of the BlueGreen Alliance, said while he understands that critique, he also thinks “it’s a bit much” to expect this platform to call for banning fossil fuels. “Our goal is to get climate pollution out of our economy by a certain time to avoid as much warming as possible, so we established our platform with the methods we think will help get us to those goals,” he said. “The banning of fossil fuels — that’s pretty controversial to expect of the people who represent the human beings who work in that sector. This is tens of thousands of people who work in these industries, and for a union to step out and say we’re going to end your job and the promise of a new job is a wink and a nod and a handshake. Well America has never before followed through on any proper transition, save for maybe the New Deal for white dudes.”

From Williams’ perspective, demanding unions call for ending their own jobs, before any sort of real alternative agreement is in place, is simply unrealistic. “It’s so mind boggling to think that people who represent folks who work in those industries would jump so far out ahead of where their membership is, and without any real forthright and immediately implementable solution,” he said.

Pica, of Friends of the Earth, also critiqued the BlueGreen Alliance for making no gesture toward campaigns to keep fossil fuels in the ground. “It’s been the divestment fights, trying to get universities and cities to divest their money from fossil fuel companies, that has been the fuel of the climate movement over the last decade,” he said.

Williams said the absence of certain “buzzwords” doesn’t diminish from what the document accomplishes. “We’re on the same side, and I truly respect [the environmental critics] and I hear them, but this is about building a broader movement that can get bigger solutions across the line,” he said.

Carbon-capture technology

Perhaps the most polarizing policy endorsed by the Solidarity for Climate Action report is that of carbon-capture technology, a method backed by the Intergovernmental Panel on Climate Change, and supported by most of the labor movement. But among environmentalists it’s more divisive, as some argue it will prolong dependence on fossil fuels, be too costly, and make it harder to reduce emissions overall.

“The fact that it’s included in the BGA report I think is very unfortunate and something that realistically has no chance of making a significant contribution to climate protection,” Brecher said. “Some of the other environmental groups are more squishy.”

Pica called carbon-capture “an expensive detour to nowhere” that’s a “nonstarter and at worse feeds kind of feeds false hope.” In January more than 600 environmental groups sent a letter to Congress saying they will—among other things—“vigorously oppose” federal climate legislation that promotes “corporate schemes” like carbon-capture and storage. Brecher and Pica’s groups were among the signatories. While the Green New Deal resolution is ambiguous on carbon-capture, last week Sen. Bernie Sanders released his presidential climate plan, which includes opposition to the technology.

Phil Smith, a spokesperson for the United Mine Workers of America, a labor union not represented in the BlueGreen Alliance, tells In These Times that there are aspects of the report his union agrees with, “especially with respect to carbon-capture technology.” But he critiqued it as not specific enough when it comes to defining what a “just transition” means. The platform calls for “guaranteed pensions and a bridge of wage support, healthcare and retirement security” until an impacted worker finds a new job or retires.

“Coal miners want to know what the hell you mean when you say you want a ‘just transition,’” Smith says. “Training to drive a truck is not a just transition. Training a miner to earn half of what they’re making now is not a just transition. … Our concern is once laws get passed to phase out carbon dioxide in 10 years, if we’re going to have a ‘just transition’ then we needed to be working on that 15 years ago. It’s just meaningless words on paper right now, and we keep seeing it over and over.”

Moving forward, members of the BlueGreen Alliance plan to promote the policies outlined in their new platform through legislative advocacy and local community organizing. In late July, the coalition sent a letter to the chairman of the House Subcommittee on Environment and Climate Change, Rep. Paul Tonko (D-N.Y.), and its ranking member, John Shimkus (R-Ill.), encouraging them to consider the Solidarity for Climate Action platform as they proceed in Congress.

“I think the next phase of work is educating elected officials on what’s in the platform,” said Chieffo. “And then really rolling up our sleeves to craft the legislation and hopefully future executive branch options needed to deliver it.”

Amid Conservative Assault on Organized Labor, Democratic Lawmakers Are Advancing Laws to Expand Workers’ Rights

Originally published in The Intercept on August 5, 2019.
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PUBLIC-SECTOR EMPLOYEES IN states with Democratic majorities have made significant legislative gains in recent months, despite the U.S. Supreme Court’s landmark 2018 decision in Janus v. AFSCMEwhich found that unions could no longer collect bargaining fees from workers who do not pay membership dues.

More than 22,000 state workers in Nevada and Delaware gained the right to collectively bargain this year thanks to recently passed legislation. Colorado, home to more than 26,000 state employees, is expected to follow suit next year.

With Nevada and Delaware’s new legislation, passed this summer, there are now 26 states that recognize state employee bargaining rights, as do Puerto Rico and the District of Columbia, according to a spokesperson for the American Federation of State, County, and Municipal Employees, or AFSCME. Twenty-four states either outright prohibit collective bargaining or do not authorize meaningful bargaining, such as Wisconsin, which heavily curtailed the ability of public-sector employees to negotiate in 2011.

On the federal level, congressional representatives are also working to bolster the rights of public-sector workers, though any chance of enacting legislation is highly unlikely unless Democrats win the White House and the Senate and maintain their hold on the House of Representatives in 2020. On June 25, Sen. Mazie Hirono, D-Hawaii, and Rep. Matt Cartwright, D-Penn., reintroduced the Public Service Freedom to Negotiate Act, which would, for the first time, set a minimum nationwide standard of collective bargaining rights for the nation’s 17.3 million public employees. Among other things, public employees would be required to recognize their workers’ unions if they’re “freely chosen” by a majority vote, and employers would be required to bargain with workers over wages, hours, and other terms of employment. If public employers refuse, then the legislation grants the federal government the authority to intervene.

The bill is backed by 2020 presidential candidates, including Sens. Elizabeth Warren, Bernie Sanders, Amy Klobuchar, Kamala Harris, Kirsten Gillibrand, and Cory Booker.

This legislative push comes as organized labor was bracing for the worst following the Supreme Court’s Janus decision, which was expected to significantly deplete union coffers. In its 5-4 decision, the court struck down more than four decades of legal precedent and concluded that unions could no longer collect payments from non-dues-paying members in exchange for collective bargaining services. This opened the door not only for nonmembers to stop paying fees, but also for union members themselves to opt out altogether.

While the full extent of Janus’s blow to the labor movement may not be felt for several years, at a labor conference in February, public-sector union leaders said the first year’s impact had been less devastating to membership than expected. AFSCME President Lee Saunders said that while his union had lost 100,000 agency-fee payers since the court’s June decision, they had also managed to flip 310,000 agency-fee payers into dues-paying members. “For every member that we lost, we gained seven,” Saunders declared. Other unions reported relatively minimal losses, like the American Federation of Teachers, which lost 84,500 agency-fee payers after Janus, but also gained 88,000 new members between November 2017 and November 2018.

Still, many experts say the drop-off in membership could happen slowly, rather than an immediately significant decline. Michigan, which became a right-to-work state in 2012, has lost nearly 130,000 union members over the last seven years, or 16 percent of union membership. This year, Michigan unions have reported at least $20 million less in revenue than they did in 2012.

There’s also the risk that unions will have trouble recruiting new members moving forward. Mike Antonucci, a teachers union analyst, said recently that “current members are unlikely to resign in any great numbers. Over time, however, they will retire. The burden will be on the unions to recruit new members in the same percentages as they enjoyed pre-Janus.” The National Education Association saw a 0.5 percent increase in its membership compared to the year before, Antonucci found; however, New York accounted for 80 percent of that nationwide growth. By contrast, 10 state affiliates saw membership drops of 3 percent or more, including North Carolina, which saw a 6.8 percent drop in 2018.

IN THE FACE of the conservative assault on organized labor, workers and lawmakers in blue states are experimenting with new laws and forms of organizing to make it easier to unionize and negotiate on the job.

In Nevada, Democratic Gov. Steve Sisolak, signed a bill in June granting Nevada’s more than 20,000 state workers the right to collectively bargain, a right they’ve been denied since 1965. Sisolak, who was elected in 2018, pledged in his first State of the State address in February to get this legislation passed. His election placed the state government fully in Democratic control for the first time since 1992.

According to AFSCME, the legislation marks the largest expansion of collective bargaining for state workers anywhere in the country in the past 16 years. It benefits a broad swath of workers, including nurses, caretakers, and correction officers.

Conservative opponents of the bill argued that granting collective bargaining rights to state workers would hurt taxpayers and Nevada’s budget, even though there is little empirical evidence in support of that assertion. Local government workers in Nevada have been able to collectively bargain since 1969.

According to researchers at the Economic Policy Institute, a progressive think tank, state employees in Nevada earn between 1 and 13 percent less than their private-sector peers in total compensation, and their health care benefits are less generous compared to state workers in other parts of the country. Workers who advocated in Carson City for the legislation, however, went to great lengths to say that it was not just about wages and benefits, but also things like working conditions and safety. Rick McCann, head of the Nevada Association of Public Safety Officers, said for example that now his members can bargain over things like body-worn cameras and dashcams.

In order to get the bill passed, Nevada workers had to make some concessions. The legislation includes an amendment that grants lawmakers and the governor the final say over things like pay raises, regardless of what the workers negotiate. Compromises like this are common for public-sector unions. Still, labor leaders say that even having a seat at the table will be a huge step forward, and they will push for improvements to the law in the years ahead, if necessary.

Workers saw similar success this year in Delaware, where Democratic Gov. John Carney signed a bill in June granting collective bargaining rights to more than 2,000 state employees.

Since signing the law, state workers in Delaware have already begun to organize new unions. In late July, 340 workers at the Delaware Department of Motor Vehicles voted to form a union for the first time. They are joining Laborers’ International Union of North America Local 1029. Additionally, according to Michael Begatto, executive director of Council 81 AFSCME AFL-CIO in Delaware, dietary workers at the Delaware Veterans Home just voted to join AFSCME, and workers at the Office of the State Fire Marshal recently filed for an election.

Delaware Democrats have had a governing trifecta since 2009, but in the past, state workers faced “a reluctance” by some lawmakers and individuals in the executive office, Begatto said, noting that Gov. John Carney’s election in 2016 worked in their favor. “They balked at being able to go to the table as equals with workers,” he said. “This governor was more understanding; without him, this would not have happened.”

Unions in the state saw less of a decline in membership post-Janus than they had been expecting. “We were pleasantly surprised, as we were expecting a 20 to 25 percent reduction,” Begatto said. “Out of 7,000 members, we had only about 180 members opt-out.”

COLORADO WILL LIKELY be the next state to expand bargaining rights to state employees.

In this year’s legislative session, lawmakers in Colorado came close to achieving collective bargaining rights for its roughly 26,500 state employees, but the bill came to a halt because Democratic Gov. Jared Polis, who was elected last year, said he wanted more time to figure out how it would work in practice. In 2007, Colorado’s then-Democratic governor issued an executive order giving state workers the right to form a union, but not to collectively bargain. This bill would have codified and expanded that order.

Hilary Glasgow, executive director of Colorado Workers for Innovative and New Solutions, the state employee union, told The Intercept that she’s confident the bill will be passed in the next session.

“We know Governor Polis believes in collective bargaining, so where we’re at is him needing to understand all the ins and outs of what this means and how it can benefit not only the state and state employees, but also the citizens we serve in Colorado,” she said. “We’re going to be meeting regularly, as much as it takes, as often as it takes, to get to a place where we can introduce a bill on the first day of the next session that the governor and the union are behind.”

Glasgow and Polis released a joint statement at the end of April pledging to “enter into discussions to address outstanding issues surrounding House Bill 1273 and other issues affecting the state workforce and the people of Colorado that cannot be resolved in the few remaining days that exist in the legislative session.” The statement adds that “we are confident that we will successfully resolve these outstanding issues before the 2020 legislative session.”

Polis’s office declined to comment beyond the April statement.

Glasgow said collective bargaining rights are an important factor in addressing the state’s staffing crisis, which has escalated since 2009. A report published by the Economic Analysis and Research Network, a Colorado WINS partner, finds over the last decade that turnover among state employees increased by 73 percent. Colorado’s Department of Personnel reported last June that roughly one in every five positions in the state government was vacant. The high number of vacancies can place additional strain and responsibility on the workers who remain. A number of research studies support the idea that collective bargaining can help to reduce employee turnover.

“We’re seeing a steady decline in state workers and an alarming increase in vacancies,” Glasgow said. “We’re running roughly 10 percent behind the private sector on their total compensation plan, and what I think people don’t understand about state services is that a lot of them are highly dangerous behind-the-scenes work. There is expertise at the front-line level that can inform how they do their work in a way that makes it safer and better.”

The push for collective bargaining, Glasgow said, is rooted in a desire to make sure that this firsthand knowledge is taken seriously. “Workers need to have a venue to have those conversations so changes in their workplace can actually be implemented,” she said. “Right now, you’re at the benevolence of the governor and the cabinet as to whether they’ll hear you out.”

A California Bill Could Transform The Lives of Gig Workers. Silicon Valley Wants Labor’s Help To Stop It.

A BILL WITH potentially huge implications for the so-called gig economy is making its way through the California state legislature this summer, laying bare cleavages within the labor movement. Companies like Uber and Lyft are seeking a workaround to the legislation, which would classify their drivers as employees rather than independent contractors, opening the door to a host of employment benefits. Some prominent labor unions, meanwhile, have been in talks with Silicon Valley, even as they voice their commitment to securing workers’ rights.

Sponsored by Lorena Gonzalez, a Democratic assemblywoman from San Diego, the bill, known as AB 5, seeks to codify and expand Dynamex Operations West, Inc. v. Superior Court of Los Angeles. The landmark 2018 California Supreme Court decision made it much more difficult for companies to classify workers as independent contractors rather than employees, who have access to workplace protection laws like minimum wage, overtime, unemployment insurance, and the right to join a union.

At the center of the debate over AB 5 is its impact on “gig economy” companies like Uber and Lyft, though it would also affect older, more established industries like retail and trucking. There’s a practical reason for California to enact the legislation: The state estimates it loses $7 billion in payroll tax annually due to companies misclassifying employees as independent contractors.

Uber and Lyft have been forthright about their desire to come up with some sort of compromise deal, under which they could continue to classify their workers as independent contractors, in exchange for some additional driver benefits. They insist that the flexibility that attracted drivers to their companies in the first place would vanish if all those people were to claim employee status.

Gig economy workers who support the legislation view it as a necessary step toward their ability to collectively organize. Both the Service Employees International Union and the Teamsters union have played leading roles in advocating for the legislation. They have publicly said they will fight a watered-down AB 5, but a series of private meetings between labor leaders and tech companies have raised suspicion that the unions are more open to leaving gig workers as independent contractors than they’ve formally let on.

Opponents of AB 5 recognize its proposed classification standard could extend well beyond the Golden State and have been lobbying hard —both in California and Washington, D.C. — to stop it. Sen. Bernie Sanders introduced a bill in the U.S. Senate after Dynamex came down to narrow the definition of independent contractors, legislation that is backed by other leading presidential candidates Sens. Kamala Harris and Elizabeth Warren.

AB 5 passed the California State Assembly in May, and last week the state’s Senate Labor, Public Employment and Retirement Committee passed the bill, moving it on to the Senate Appropriations Committee for further revisions. It’s unlikely to reach the full Senate floor until late August or September, and both sides are planning to ramp up their advocacy in the coming weeks.

The Dynamex decision laid out a three-prong test to separate independent contractors from employees. Under the court ruling, independent contractors are workers who have relative independence from the entity paying their wages, whose work is separate from the type of business the entity is typically engaged in, and who typically do the type of work that the entity hired them to do. Uber and Lyft’s pursuit of a carve-out under AB 5 is part of a larger fight over exactly which industries can claim exemption from that test.

A number of occupations already have. The bill originally exempted certain workers who set their own rates like licensed insurance agents, certain health care professionals, and some hairstylists and barbers. Last week, the state Senate labor committee added a host of additional categories for exemption, including freelance writers, grant writers, and private investigators.

California Gov. Gavin Newsom, a Democratic ally of both the tech industry and labor unions, has not taken a formal position on AB 5 but said on a podcast last month that he’s “into compromise” and has “been trying to seek it for many, many months.” The Los Angeles Times editorial board recently endorsed some sort of gig economy carve-out, calling AB 5 in its present form “overkill.”

SHORTLY AFTER THE Dynamex decision came down, the California Chamber of Commerce formed the I’m Independent Coalition to fight the new worker classification standard. Coalition members include the California Hospital Association, the California Restaurant Association, the California Retailers Association, Handy, Lyft, Uber, and Instacart. The Internet Association, a group that includes Google, Amazon, LinkedIn, and Facebook, is also a member.

As Bloomberg reported in August, the business groups mobilized to quietly lobby lawmakers for new legislation or executive action that could neutralize the consequential Dynamex decision.

At the same time, Uber and Lyft were gearing up to take their companies public, which meant they faced increased pressure to mitigate their labor costs. Barclays recently estimated that classifying California drivers as employees could cost Uber and Lyft, respectively, $500 million and $290 million annually.

In an April Securities and Exchange Commission filing, Uber bluntly wrote that reclassifying its drivers as employees “would require us to fundamentally change our business model, and consequently have an adverse effect on our business and financial condition.” Lyft laid out similar concerns in its March SEC filing, acknowledging that while “we continue to maintain that drivers on our platform are independent contractors in legal and administrative proceedings, our arguments may ultimately be unsuccessful.”

Pressure is also mounting as drivers of these ride-hailing services ramp up their own activism, in response to falling pay rates and rising expenses. The tech giants anticipate this to continue. In its SEC filing, Uber wrote that “driver dissatisfaction will generally increase” going forward, as they “aim to reduce Driver incentives” to boost their financial performance.

Konstantine Anthony is one of those dissatisfied drivers. He’s been working full-time for Uber over the last 4 1/2 years in Los Angeles County, and when he first started out, he said, he used to make almost $26 an hour before expenses. That figure has now fallen to about $22. Anthony has gotten involved with the SEIU-backed Mobile Workers Alliance to support both AB 5 and the right of drivers like him to form a union.

He doesn’t buy Uber’s line that they’re trying to protect drivers who wish to work just a few hours a week. “The way they reward you on the app is you get higher and higher bonuses when you drive 60 or 70 hours a week,” Anthony said. “They’re giving lip service about protecting part-time workers, but their actual practices are about incentivizing those driving 40+ hours a week.”

IN A STUNNING example of how much pressure the ride-hailing companies are under, Dara Khosrowshahi, Uber’s chief executive, and Logan Green and John Zimmer, the co-founders of Lyft, collectively wrote a June op-ed in the San Francisco Chronicle saying their companies are “ready to do our part for drivers.” While the tech leaders argued against reclassifying drivers as employees, they said they were open to amending existing law to allow independent contractors access to benefits like paid time off, education stipends, and retirement planning, as well as better rates for time spent driving passengers (but not time spent transitioning between passengers). And rather than a union, the tech executives said they’re open to some sort of “driver association” that can advocate for the needs of workers.

To bolster their case, Uber and Lyft say that most drivers don’t actually want to be classified as employees, as most just drive occasionally to pick up some extra, flexible income. The companies point to a 2018 statewide survey of California independent contractors, which found that only 7 percent of independent contractors wanted to be classified as employees. That poll, notably, was conducted by EMC Research and sponsored by the Chamber-backed I’m Independent Coalition. It included a sample size of 1,040 respondents, including 387 gig economy workers, a majority of whom had not heard about the Dynamex decision.

A 2018 nationwide poll yielded similar results. The Rideshare Guy blog surveyed approximately 1,200 Uber and Lyft drivers and found about 76 percent of respondents said they’d prefer to remain independent contractors, including a majority of full-time drivers.

A spokesperson for Lyft said 91 percent of their drivers across the country drive fewer than 20 hours a week, and 76 percent drive less than 10 hours. They said they suspect their California-specific numbers “are the same or very similar” to their national figures.

Uber and Lyft warn that the flexibility drivers say they highly value would be lost if they were no longer independent contractors — adding that they’d likely need to limit drivers’ hours and institute shifts. They also say wages could fall further. “Lyft would only need a fraction of the drivers it has now if it moved to an employment model, meaning thousands would lose their opportunity to earn with Lyft entirely,” a company spokesperson added.

Uber did not return multiple requests for comment.

While it may be true that most drivers who sign up for Uber and Lyft drive just a few hours per week, industry researchers say the full-time drivers account for most of the revenue generated for the companies. Recent data collected by the JPMorgan Chase Institute found that almost 57 percent of transportation platform earnings go to the top 10 percent of earners.

“These data and other combine to make me believe that the majority of TNC trips are provided by drivers who rely on TNC earnings for most or all of their income,” transportation policy expert Bruce Schaller told The Intercept over email, using the initials for “transportation network company,” an industry term for ride-booking companies.

Anthony, the Uber driver, doesn’t buy the argument that he’d lose his flexible work schedule if he were classified as an employee and calls that a “false narrative.” Treating workers fairly, he argues, doesn’t inherently change the nature of a flexible business. “If Uber and Lyft tried to take that flexibility away, I don’t know any driver who would still work with them,” he said. “And there are a dozen companies that are coming up that will maintain that flexibility and pay workers as employees.” (Via is an example of a ride-sharing company that pays its drivers an hourly wage.)

Other pro-AB 5 advocates concede that some things about Uber and Lyft’s business models would likely change, but they say these changes would ultimately be for the better. For example, it’s true that the companies might employ fewer people, since the cost per trip would increase. The upshot is that the companies could also create a more environmentally-friendly business. Having fewer drivers on the road could also increase earnings for workers. The JPMorgan Chase Institute found that the growth in supply of online platform transportation drivers between 2013 and 2017 led earnings to fall by 53 percent.

The National Employment Law Project, a union-backed legal advocacy group, also notes plenty of examples of flexible work environments where workers are classified as employees. “Cake decorators, home researchers, nurses, couriers, and restaurant workers have all been found to be employees, despite the fact that they could choose their own schedules,” a recent NELP fact sheet says. “Laws don’t force workers into choosing between having basic workplace protections and having flexibility; companies do.”

Uber and Lyft’s “status as employers is really quite clear,” according to David Weil, who led the U.S. Department of Labor’s Wage and Hour Division during the Obama administration. While there are some cases where companies really do have workers operating in an ambiguous space between employees and contractors, he wrote in a recent LA Times op-ed, “Uber and Lyft are not among those close, gray area cases.”

GIG ECONOMY WORKERS backing AB 5 have been calling both for AB 5’s passage and the path for them to form a union under state law, particularly in light of barriers recently erected by the federal government. In May, the Donald Trump-appointed general counsel at the National Labor Relations Board issued a memo saying Uber drivers are contractors, not employees. The U.S. Department of Labor came to a similar conclusion in April, in an opinion letter saying gig workers are contractors.

“It’s really hard to organize under federal labor law, and if federal law says the drivers are not covered then they could be covered under state law,” said Ken Jacobs, chair of the Labor Center at the University of California, Berkeley. “California has established its own protections for agricultural workers, so there does seem to be that precedent.”

Representatives from SEIU and the Teamsters have been meeting with tech companies and lawmakers over the last several months to discuss the proposed legislation.

Late last month, the New York Times reported that the AB 5 meetings organized by the tech companies “have created deep rancor within the labor ranks and set unions against one another.” Some workers have raised alarm at the prospect their unions may be selling them out.

The unions have defended themselves against critics who are wary of those talks. The companies emphasize that they were just invited to attend the meetings, did not organize them themselves, and were not there to negotiate any sort of watered-down proposals. As part of their efforts to support gig workers, Bob Schoonover, president of the SEIU California, told The Intercept over email that they and other labor leaders have been working “across government, labor, private, and non-profit sectors to open the door for robust conversations and the sharing of ideas and concepts.” He stressed that “these are just ideas and concepts that have been used to collaborate with partners on how we might be able to help workers find the best path forward – they are nothing more and should not be misconstrued as such.”

Doug Bloch, the political director for the Teamsters Joint Council 7, which represents 23 locals in Northern California, has also been in meetings with Uber and Lyft to discuss AB 5. He did not return requests for comment.

Though labor is taking pains to say they’re not negotiating any sort of compromise, the tech companies have depicted the meetings in different terms.

“We’ve been working with lawmakers and labor leaders on a different solution to AB 5 so drivers can continue to control where, when, and how long they drive,” a Lyft spokesperson said.

“Industry is at the table with labor and ready to find a path forward to modern protection for independent contractors that preserve their ability to work independently,” added Courtney Jensen, the executive director for California and the Southwest for the trade group TechNet.

In June, Héctor Figueroa, then president of SEIU 32BJ in New York, co-wrote a New York Daily News op-ed criticizing his state’s labor federation for backing a bill that would let unions collect dues from gig workers without giving those workers full rights as employees. He called the New York proposal “a giveaway to gig companies” and then went on to criticize his colleagues in California for “working to cut a backroom deal” that would also exempt app drivers from employee status. Last week, at age 57, Figueroa unexpectedly died from a heart attack.

The day after his death, Caitlin Vega, the legislative director for the California Labor Federation, tweeted about honoring Figueroa’s legacy, and noted that he used his power to stand with vulnerable taxi workers, gig workers, and immigrant workers.

In an interview with The Intercept, California Labor Federation spokesperson Steve Smith explained that representatives from SEIU and Teamsters have met with the tech companies, and then have come back to share with other unions in their federation what they learned and how those conversations went.

“SEIU and the Teamsters are not at a point of some imminent deal, the discussions that we’ve had have been primarily about some outlines of the proposals that SEIU and the Teamsters have been discussing with the tech companies,” he said. “We’ve had some honest and open discussions in labor, and I think generally people have been appreciative of the SEIU and the Teamsters for being able to share with other unions what is happening and the progression of those discussions.”

Smith said the labor movement is “completely unified” around efforts to pass AB 5, but he suggested that unions may be open to alternative paths for drivers of ride-hailing apps specifically. “AB 5 is much broader than just TNCs, and we understand, as I think those unions do, that AB 5 serves a purpose that’s much bigger than anything that happens with the TNCs,” he said.

While there are different ideas on the table, Smith said labor “wants to make sure we’re giving workers the opportunity if they so choose to join a union and that we’re setting a floor — not a ceiling — for the rights they’re entitled to.”

He dismissed the idea that there’s a serious divide in the labor movement over this. “I think that’s been overblown to an extent,” he said. “Obviously we’re a big movement, and we have a lot of thoughts and opinions, sometimes strong opinions, but our goal is always to come together as a movement to do what’s best for the largest amount of workers that we can.”

DRIVERS ON BOTH sides of the issue are expected to ramp up their advocacy as the bill continues to make its way through the state Senate. In late March, hundreds of Uber and Lyft drivers in Los Angeles went on strike(and turned off their apps) to protest Uber’s recent 25 percent per-mile rate cut. Drivers launched another one-day strike on May 8, timed with Uber’s IPO, and were joined by fellow drivers in Boston, Minneapolis, Philadelphia, D.C., San Diego, San Francisco, and Chicago.

Then last week, hundreds of drivers from across California went to Sacramento to rally for and against AB 5. Drivers who came out to protest the bill were reportedly offered up to $100 in extra pay from Uber and Lyft, the Los Angeles Times reported. Recode previously reported that some drivers felt misled by in-app messages and emails sent by Uber and Lyft urging them to sign petitions or call their legislators to protest the legislation.

One driver who went to Sacramento to support AB 5 was Ann Glatt, who drove for Lyft for four years before recently quitting due to burnout from falling wages. Though Glatt, who is 62, is looking for other jobs now, she’s stayed involved with Gig Workers Rising, an organizing group in Northern California backed by SEIU and the Teamsters.

Glatt said she doesn’t trust any sort of Uber and Lyft compromise deal. “I don’t take much credence in what they say; they’re not for drivers, their business is not to have drivers make a living wage,” she said. “They come out in the media and stay stuff, but they’ve never offered to meet with us. If they say they’re willing to give us a living wage, then do it now. You don’t have to have AB 5 passed to just pay the living wage you were paying us a few years ago.”

Maine AFL-CIO Becomes First State Federation to Support a Green New Deal Bill

Originally published in In These Times on April 22, 2019.
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On Tuesday, Maine lawmakers will hold a hearing for “An Act to Establish a Green New Deal for Maine”—a new climate and jobs bill that has the notable support of Maine’s AFL-CIO, the first state labor federation to endorse a Green New Deal-themed piece of legislation. The bill calls for 80 percent renewable electricity consumption by 2040, solar power for public schools, the creation of a task force to study economic and job growth, and a commission to help facilitate a just transition to a low-carbon economy. Its backing from a coalition of over 160 labor unions offers an instructive lesson for other states looking to build union power to tackle a warming planet.

The bill is the brainchild of Chloe Maxmin, a 26-year-old state lawmaker elected in November, and the first Democrat to ever represent her district. Maxmin, who has been an environmental activist since she was 12 years old, and co-founded the Harvard fossil fuel divestment campaign while in college, said she knew if she was voted into office she would approach climate politics in a different way.

One of the criticisms of the national Green New Resolution sponsored by Rep. Alexandria Ocasio-Cortez (D-N.Y.) and Senator Ed Markey (D-Mass.) is that it lacked a broad coalition of supporters when it was first introduced. But Ocasio-Cortez and Markey’s political strategy, they’ve explained, is to use the aspirational framework as an organizing tool over the next two years, to bring more key partners on board.

Maxmin, by contrast, sought to bring allies into her coalition prior to going public with the legislation, and Maine labor and environmental groups did not have a deep history of working together before. “I’ve been an organizer for a long time, and to build power and to really create something inclusive I knew it had to be inclusive from the beginning,” she told In These Times. “The traditional strategies that we’ve used around climate and climate policy just have not really gotten us very far.”

Maine has some unique characteristics: It is the most rural state in the nation, the whitest (roughly ­tied with Vermont), and the oldest. It’s also, as of 2019, one of just 14 states where Democrats control all three branches of state government.

While she knows her bill will be associated with the federal resolution, Maxmin stresses that hers should be understood as targeted legislation, specifically tailored to her state’s needs. “Of course, there are national parallels with not only the name but also echoing the themes of economic justice and opportunity, but it’s a very Maine-specific bill, and not meant to cover every component of the climate crisis,” she said.

Matt Schlobohm, the executive director of the Maine AFL-CIO, praised Maxmin for her deliberate efforts to “create a policy that was ambitious, aspirational and do-able” for working-class people. Maine’s labor community, which has about 12 percent union density, has not historically focused on climate issues or climate justice. Schlobohm thinks this legislation is a real chance for unions “to build trust and develop their analysis and capacity” in a meaningful way.

The bill sets less ambitious targets than the national Green New Deal resolution, which, among other things, calls for 100 percent renewable energy in 10 years, and includes language around reducing emissions from transportation and agricultural sectors. While the Maine Sierra Club supports the legislation, Maxmin acknowledged that some environmental activists have criticized her bill for not going far enough.

“Our approach was targeted legislation focused on economic and job growth in Maine,” she said, pointing to the solar projects for schools, and the jobs-focused task force which would report on its findings by next January. Like the state’s opioid task force which has paved the way to new state policies, Maxmin said she expects to be able to introduce more specific job legislation generated by the task force’s research next year. “There are other [environmental] bills going through the State House around transportation and agriculture,” she said. “This [bill] is for workers, low-income Mainers, and economic growth in Maine.”

Haley Maurice, a junior at Bowdoin College involved in the Bowdoin Climate Action group and a student leader with the national Sunrise Movement, has been involved in discussions with Rep. Maxmin to shape the bill. (Sunrise also endorsed Maxmin’s bid for office.)

“We started meeting in early February, and [Rep. Maxmin] was just really forward in saying we need young people involved,” she said. “I’ve been very impressed by her adamant belief in the democratic nature of the bill and in making sure that everyone who is affected by this is considered and at the table.”

Maurice said that while “other climate bills proposed in the Maine legislature have very ambitious timelines,” this is the first bill she believes really prioritizes how the energy transition will take place, and constitutes “a very strong starting point” for Maine. The legislation outlines requirements for a commission to study and track progress towards a low-carbon economy, particularly for those most adversely impacted: people from demographic groups that have been historically affected, and people who are low-income and cannot participate in energy efficiency programs.

Moreover, Maurice doesn’t think a state bill on a less ambitious timeline is at odds with the work that she and her Sunrise colleagues are pushing for on the national level. If anything, Maurice said, it just reinforces why the federal government needs to also be involved in the process.

“When you say we need 100 percent renewable energy by 2030, and we need a faster timeline, you need to think about the burden that places on Mainers here,” she said. “And if state bills have a slower timeline than what science is saying we need, I don’t think that is necessarily contradictory to our values. States need to push forward in the ways we can now while ensuring these transitions are happening in an equitable way, and we need a federal Green New Deal to bolster the work of the states.”

The Maine AFL-CIO’s support for the bill is an important milestone, as labor remains devided on the Green New Deal nationally. While the AFL-CIO’s Energy Committee responded critically to the Green New Deal resolution, unhappy with both some of its specific language and its lack of specifics, other labor organizations have started to mobilize in support. In late March the Los Angeles County Federation of Labor approved a resolution in support of “a Green New Deal or similar effort” to address climate change and economic inequality. In mid-April, Sara Nelson, the international president of the Association of Flight Attendants, which represents 50,000 flight attendants across 20 airlines, wrote an op-ed in in support of the Green New Deal, and the general urgency of tackling climate change.

Schlobohm said if he were to give advice to environmental leaders about how to organize effectively with labor, he’d encourage them to make deliberate efforts to understand unions, and engage them in a good-faith process. “And I think just the basic organizing 101 of showing up for each other,” he said. “There’s a lot of strikes and picket lines these days. Do environmental organizations show up at teacher strikes and grocery worker strikes? The same question should be asked of unions, but I think there’s just opportunity to build solidarity in this moment.”

For his labor allies, Schlobohm says the energy transition is going to happen, so it can either happen “with us or to us” and “one option is far superior than the other.”

Ultimately Schlobohm feels optimistic about the future of climate-labor organizing, says there are lots of opportunities for “win-wins”—and points to the recent organizing done by climate and labor groups in New York.

“There are renewable energy policies moving in every state in the country,” he said. “And every single one of those policy frameworks has the opportunity and levers for job quality and labor rights standards.”

 

Supreme Court’s Janus Decision Opens A “Pandora’s Box” For Public-Sector Unions

Originally published in The Intercept on June 28, 2018.
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Six years after Supreme Court Justice Samuel Alito first signaled his interest in striking down agency fees on First Amendment grounds, he authored a crushing blow to public-sector unions in a giddy 5-4 opinion issued Wednesday.

Janus v. AFSCME resolved whether agency fees, also known as “fair-share fees,” can be collected from public-sector employees who do not wish to be members of a union. Under the law, a public-sector union has to represent all workers in a workplace, irrespective of whether they opt to be union members. Charging agency fees has historically enabled unions to avoid the free rider-problem — without them, employees could enjoy the benefits of collective bargaining without paying the dues required to support union activities.

This week, the Supreme Court affirmed that no agency fee or any other form of payment can be deducted from an employee, “nor may any other attempt be made to collect such a payment, unless the employee affirmatively consents to pay.” The decision has immediate ramifications for the nearly 7 million state and local government workers represented by a union, of which 58 percent are women and 33 percent are African-American, Asian-American, Pacific Islander, and Latino. There are 17.3 million public-sector workers across the nation.

For more than 40 years, the Supreme Court has held that there’s a constitutional difference between a union’s political activities and its collective bargaining work. Compelling workers to fund the former would infringe on their freedom of speech, the court ruled in 1977 in a unanimous decision known as Abood v. Detroit Board of Education. But, the justices determined in Abood, requiring agency fees to support collective bargaining work was constitutional. Now the court has taken a knife to that distinction.

Many expected this outcome two years ago, when the court heard Friedrichs v. California Teachers Associationa case in which 10 public school teachers challenged the constitutionality of their mandatory agency fees on First Amendment grounds. While the 9th Circuit Court of Appeals disagreed with the teachers’ position, the Supreme Court seemed inclined to side with the challengers. But when Justice Antonin Scalia unexpectedly died in February of 2016, the court ended up issuing a 4-4 decision, preserving the 9th Circuit’s ruling. On Wednesday, the conservative members of the court got a second bite at the apple.

Writing for the majority, Alito was extremely dismissive of AFSCME’s argument that labor organizations will be less effective if agency fees are struck down. To support its case, Alito pointed to the 28 states that currently have laws on the books prohibiting agency fees as proof that those fees are not essential to avoid conflict between competing labor advocacy groups — something both U.S. employers and American labor law discourage.  Even without agency fees, Alito argues, workers in 28 states enjoy exclusive representation.

“Whatever may have been the case 41 years ago when Abood was decided, it is thus now undeniable that ‘labor peace’ can readily be achieved through less restrictive means than the assessment of agency fees,” the majority opinion reads.

When it comes to the free-rider problem, the court was similarly dismissive, citing the arguments raised by unions as “insufficient to overcome First Amendment objections” and not representing a compelling state interest to begin with.

In the dissent, authored by Justice Elena Kagan and joined by Justices Ruth Bader Ginsburg, Stephen Breyer, and Sonia Sotomayor, Kagan writes that the majority “fails to reckon with how economically rational actors behave.” She argues that the majority ignores the basic fact that public-sector unions must represent all workers in a workplace, in contrast to private groups that can choose to represent only those who actively opt-in. Kagan also notes that the “Court today wreaks havoc on entrenched legislative and contractual arrangements,” rendering thousands of city, county, and state contracts across the country illegitimate. In other words, previously existing collective bargaining agreements in the public sector will now need to be re-negotiated, many of them all at once. New York City, for example, currently has agency fees in 144 contracts with 97 different public-sector unions. “[The majority dismantles these agreements] with no real clue of what will happen next — of how its action will alter public-sector labor relations,” the dissent states. “It does so even though the government services affected — policing, firefighting, teaching, transportation, sanitation (and more) — affect the quality of life of tens of millions of Americans.”

Conservatives immediately cheered the decision.

“The Supreme Court has freed millions of American workers from manipulation by union bosses that misrepresent their interests,” said Tim Huelskamp, president and CEO of the right-wing Heartland Institute, in a statement. “On the heels of this decision, every state should move quickly to certify that no American worker is ever compelled to give their hard-earned money to support self-serving union bosses.”

The plaintiffs in Janus and the cases that helped lay the legal foundation for it were supported by a web of conservative legal advocacy groups and right-wing foundations, including the Center for Individual Rights and the National Right to Work Legal Defense Foundation.

In a statement released after the Janus decision, Lee Saunders, president of AFSCME, declared that “despite this unprecedented and nefarious attack” the “American labor movement lives on, and we’re going to be there every day, fighting hard for all working people, our freedoms and for our country.”

Randi Weingarten, president of the American Federation of Teachers, echoed the dissenting judges, calling the Janus decision “a warping and weaponing of the First Amendment, absent any evidence or reason, to hurt working people.”

While unions are resolving publicly to fight back, they have also begun to prepare for the worst. The National Education Association, for example, which is the nation’s largest public-sector union, is forecasting a loss of 307,000 members over the next two years, and is planning to reduce its expenditures by $50 million during that period. There are currently 3 million members in the NEA.

Progressive economists say that Americans should expect to see economic inequality increase as public-sector unions adjust to a post-Janus world. According to the left-leaning Economic Policy Institute, “[a]s union membership has fallen over the last few decades, the share of income going to the top 10 percent has steadily increased.” When union membership peaked at 33.4 percent in 1945, the share of income going to the top 10 percent was 32.6 percent. By 2011, when union membership was down to 11.1 percent, the share of income going to the top 10 percent reached 48 percent. The gap is even more stark when it comes to wealth: In 2017, the top 1 percent of American households owned 40 percent of the nation’s wealth, a higher share than at any point since 1962. The top 1 percent owns more wealth than the bottom 90 percent combined. EPI attributes these trends to the lack of bargaining power that non-union workers have to negotiate their wages, among other factors that have made wealth distribution more unequal.

The Janus decision, though long expected, begets a new period of uncertainty in American labor relations. As The Intercept previously reportedsome labor activists, like those in the International Union of Operating Engineers, argue that Janus may have some unintended consequences that empower unions. If, as per Janus, collective bargaining is speech, then it is subject to powerful First Amendment protections. The majority may have inadvertently opened up the floodgates for countless new union-led lawsuits against governments that try to restrict their speech, by, for example, limiting the scope of their contract negotiations to predefined topics. Dismantling Abood, they say, could open “a tremendous Pandora’s box.”

Apprenticeships, A Favorite of Trump Administration, Carry Major Potential for Foster Youth

Originally published in The Chronicle of Social Change and InvestigateWest on June 20, 2018.
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This year Washington became the first state in the nation to pass legislation specifically designed to help foster youth access apprenticeship opportunities, which offer a steady path to full-time employment in a highly skilled trade.

Research shows that foster youth are likely to earn even less than other low-income youth living around them. Bill sponsor Sen. Kevin Ranker, D-Orcas Island, declared his intent to expand opportunities for children facing “immense obstacles or lack the support of their families.”

The legislation, SB 6274, offers financial assistance to foster youth, former foster youth and homeless youth for up to six years or until the person turns 26. It lowers the eligibility age from 16 to 13 and is expected to nearly double the number of eligible students.

Washington’s new law comes on the heels of President Donald Trump signing an executive order in June 2017 to increase the number of apprenticeships in the United States. The president called for doubling annual funding to $200 million, an expansion that would be paid for by reducing support for other job training programs deemed ineffective.

“Federally funded education and workforce development programs that do not work must be improved or eliminated so that taxpayer dollars can be channeled to more effective uses,” according to Trump’s executive order.

The order, noting that 350,000 manufacturing jobs were open, told the Labor Department to draw up regulations promoting apprenticeship programs by unions, trade and industry groups, and for-profit and nonprofit companies. It also sets up a task force to advise the president and calls for recognition for employers with good apprenticeship programs.

The order does not specifically mention the need to involve foster youth in apprenticeships, although it does seek to promote them for high school students, Job Corps participants, prisoners and those who were previously in prison, veterans and members of the armed forces.

While the president’s directive set no targets for exactly how many new apprenticeships there should be, labor experts from both sides of the aisle applauded the “earn-and-learn” expansion as needed and long overdue.

Apprenticeship programs begin with a mix of on-the-job training and class instruction, during which time the apprentice earns a wage. Industries where apprenticeships are common include information technology, construction and carpentry, plumbing, and various health professions. The executive order seeks to promote apprenticeships in “critical industry sectors,” such as manufacturing, construction, cybersecurity and health care.

Over the course of an apprenticeship, which can last several years, participants gradually take on more complex parts of a trade, and eventually receive a certificate of completion.

Supporters point to studies that suggest individuals who complete apprenticeships earn a starting wage of more than $60,000 per year, and that nearly 90 percent of participants lock down employment when their apprenticeship ends. With millions of job vacancies across the country, and a national survey of CEOs reporting that most executives struggle to find qualified workers, the potential of apprenticeships offers some a rare glimmer of hope.

Foster youth represent one population in particular that could really stand to benefit from these new economic opportunities. Some 23,000 young men and women turn 18 or 21 and “age out” of the foster care system every year. The statistics are grim. According to the National Foster Youth Initiative, foster youth have a less than 3 percent chance of earning a college degree, and only half who age out of the system will have some form of gainful employment by age 24.

But how can foster youth take advantage of expanded apprenticeships? What could help make such opportunities more accessible to them?

According to Mike Pergamit, a labor economist with The Urban Institute whose research focuses on vulnerable youth, experts “still don’t really know what works” when it comes to designing effective youth employment programs. The picture looks even worse when it comes to foster youth. Pergamit says “there haven’t really been many evaluations” of employment programs targeting youth in foster care.

That said, Pergamit maintains there’s reason to think apprenticeships could be particularly beneficial to foster youth since they they’re typically longer-length opportunities that come with high levels of mentorship. Stability and support, he says, can make all the difference.

One challenge for policymakers who might want to help target apprenticeships is that many foster youth have no desire to self-identify as someone with ties to the foster care system. One strategy for dealing with this stigma issue is to pursue strong data partnerships with government agencies.

In Washington, for example, the Washington Student Achievement Council has partnered with the state Department of Social and Health Services (DSHS) to better target resources and information toward foster youth looking to go to college or join the workforce.

“In secure ways DSHS sends us who is in foster care at the time at which they can maybe access the services so we know who they are,” said Becky Thompson, the director of student financial assistance at the Washington Student Achievement Council. “But it also requires a lot of outreach, so we provide training to social workers about resources that are available, since sometimes they can act as more of a trusted adviser.”

Some states also have foster care liaisons working in their public school districts; these liaisons can work with program providers to help students learn about what’s available and how to take advantage of supports.

Other barriers that could impede foster youth from accessing apprenticeship opportunities include a lack of stable housing; a lack of reliable transportation to get to work; and lack of driver’s licenses, which can be a prerequisite for even getting hired.

Krishna Richardson-Daniels, the founding director of A Bridge Forward, a nonprofit in Renton, Washington, focused on youth aging out of the foster care system, says her group works to provide young people with subsidized ORCA cards so they can get to work and school. But some foster youth live in areas that lack high-quality public transit.

Obtaining a driver’s license, Richardson-Daniels says, can be one of the biggest and most poorly understood barriers for foster youth.

“Driver’s education is now privatized and not offered in the public school system, and those programs can cost anywhere from $300 to 500,” she said, noting there really aren’t many foster families willing to support those costs and few nonprofit groups have the bandwidth to take it on.

“Seattle is the fastest-growing city, we have some of the largest construction projects going on, but you cannot actually work in construction without having a driver’s license,” she explained. Construction is a field with a long history of providing apprenticeship opportunities.
A coalition of foster youth advocates has launched a national campaign called “Going Places” to try to tackle this driver’s license problem.

Aside from these barriers, given that apprenticeships are broadly understood to be something of a rigorous pre-employment opportunity, many people fail to realize how much work typically goes into preparing young people for apprenticeships. So-called “pre-apprenticeship” programs have become a popular strategy; these are short-term opportunities designed to help acclimate specific groups so they can enter and thrive in their apprenticeship program later on.

One promising pre-apprenticeship model designed to help disadvantaged youth (including but not exclusively foster youth) was developed by the District 1199C Training & Upgrading Fund in Philadelphia. The pre-apprenticeship program runs for six weeks and includes an opportunity to ensure all participants secure driver’s licenses.

Advocates say thoughtful, concerted outreach will be necessary to help older foster youth access apprenticeships, perhaps even more so than other disadvantaged populations, given the chaos they face if they age out of the system at 18 or 21. Experts suggest beginning targeted outreach in high school, several years before foster youth are set to age out.

“This is a unique population that might have some barriers that need additional support, and so having some very early outreach happening with high school counseling can be very effective,” Thompson said.

Another barrier can be whether the employers themselves are prepared to work with foster youth. One strategy is for policymakers to encourage employers to get trained in the so-called Trauma Informed Approach, a professional development model which can help bosses better understand what their foster youth apprentices are dealing with, and how best to support them.

“Trauma is a big difference between foster youth and other disadvantaged youth,” said economist Pergamit. “Many (foster) youth have had various trauma, growing up in tough neighborhoods and witnessing all kinds of things, but foster youth by definition were the victim of some sort of abuse or neglect, and once they enter the foster system they’ve had even more disruption and turbulence beyond that.”

Representatives from the Labor Department did not return multiple requests for comment.

Edwin Dirth contributed to this report.

The Teachers’ Movement Goes Virtual

Originally published in The Atlantic on April 11, 2018.
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When West Virginia teachers initiated a nine-day labor strike this past winter, they secured national attention and a 5 percent pay raise. Oklahoma and Kentucky educators followed suit, with Arizona teachers threatening to do the same. Amid all this organizing was another strike threat, not previously reported, last week in California: between teachers in online classrooms and the organization that employs them.

Students enrolled in virtual schools (sometimes called “cyber schools” or “virtual academies”) take their classes online. It’s a small phenomenon, representing less than 1 percent of students, but a fast-growing one. According to the National Education Policy Center, about 279,000 students enrolled in virtual schools in 2016, up from roughly 200,000 in 2012. Education experts have been concerned by the growth of virtual K-12 education, especially virtual charter schools, which are publicly funded and privately managed. U.S. Education Secretary Betsy DeVos has touted virtual charter schooling as a particularly ripe area for expansion, emphasizing its flexibility and potential to offer courses that a student’s traditional school might not have. But, in practice, virtual schools, especially charters, have tended to deliver significantly lower academic results than brick-and-mortar ones. “Academic benefits from online charter schools are currently the exception rather than the rule,” wrote the authors of a 2015 report from the Stanford Center for Research on Education Outcomes.

While some teachers gravitate to virtual charters because of the flexibility it offers, salaries can be low, and class sizes are, on average, much larger than in brick-and-mortar charter schools or traditional public schools. (Though virtual teachers don’t have to manage physical classrooms, large class sizes still equate to a heavier workload.) The overwhelming majority of virtual teachers are not unionized. But in 2014, educators at California Virtual Academies (CAVA), California’s largest network of online charter schools with more than 10,000 students and about 450 teachers, decided to create a union, California Virtual Educators United, under the umbrella of the California Teachers Association. After two years of legal battles, CAVA recognized the teachers’ union, and starting in September 2016, the parties began negotiating their first contract over salaries, class sizes, and other issues.

The negotiations represent an important test case of how educators might wield power in a future where online education becomes even more common. According to Brianna Carroll, a high-school social-science teacher in Livermore, California, and president of the teachers’ union, bargaining had been slow-going, especially in recent weeks, when negotiators hit an impasse over class size. Educators said the number of students under their supervision had spiraled out of control, with some teachers stuck overseeing virtual classrooms exceeding forty students, and demanded class sizes be capped. “Either you have teachers who are burning themselves out because they’re trying to meet the needs of everyone, or you aren’t meeting the needs of everyone,” Carroll told me. “It’s really one or the other.”

April Warren, CAVA’s head of schools, declined to comment on many details of the negotiations. “CAVA is dedicated to working together with CVEU to reach a fair and equitable settlement so that we may continue to build upon CAVA’s unique and special achievements in support of the students and families across California,” she told me in an email.

While virtual schools across the country face some of the same struggles roiling traditional public schools, namely decreased state funding per pupil even after local economies have rebounded since the recession, virtual teachers also have to reckon with a newer threat: the involvement of for-profit companies that seek to deliver profits to their investors. CAVA, for instance, is a nonprofit network, but its operations are deeply intertwined with K12 Inc., a publicly traded company based in Virginia. K12, founded in 2000 by William Bennett, the education secretary under Ronald Reagan, and Ronald Packard, a former Goldman Sachs banker, is the nation’s largest supplier of management services and curriculum for virtual charters. The company, according to Education Week, has built a powerful lobbying operation in more than 20 states.

While CAVA describes its schools as independent, Jessica Calefati of San Jose’s The Mercury News, who investigated the arrangement back in 2016, found tax records showing that K12 employees themselves had established more than a dozen online schools in California. CAVA contracts with K12 for all sorts of services: The company provides the schools’ curricula, oversees their budgets, trains teachers, offers technical assistance, and even handles media communications. Calefati wrote, “Accountants and financial analysts interviewed by this newspaper, including several who specialize in school finance, say they’ve never seen anything quite like the arrangement between K12 and the public online academies.” (A CAVA official called The Mercury News investigation a “gross mischaracterization” of the organization’s work.)

CAVA teachers say they organized a union in part to push back on K12’s corporate influence over their schools. “For so long it’s been focused on how to use this charter-school concept to turn a dollar, rather than how to use online tools to support more students,” said Carroll, the union president. “We’re really using the union to push CAVA to have different goals.”

The virtual charter network might benefit from some new goals. In 2016, then-state Attorney General Kamala Harris alleged that K12 and CAVA had used false advertising and inflated their student-attendance numbers to collect extra state funds. Harris also alleged that K12 had trapped the network in debt by saddling cava with an unfair contract. CAVA and K12 agreed that year to settle with the state for $168.5 million. K12 emphasized it had admitted no wrongdoing, and said the attorney general “grossly mischaracterized the value of the settlement just as it did with regard to the issues it investigated.” In an email to The Atlantic, the K12 spokesperson Michael Kraft disputed the AG’s characterization of the schools as indebted. Also in 2016, The Mercury News reported that fewer than half of  CAVA’s high-schoolers earned diplomas, and almost none were qualified to attend the state’s public universities. (K12 disputes this, noting the state does not always have reliable data for nontraditional schools with higher student mobility rates.) CAVA was also hit with a nearly $2 million fine in 2017 after California’s Department of Education found continued issues with attendance reporting and other practices. (CAVA disputed this, releasing a statement that CAVA schools “demonstrated they were consistently operating in full compliance with all state laws and regulations” and planned to appeal the financial penalty.)

Last fall, faced with a stalemate with CAVA over salaries, workday length, and class size, the teachers authorized a strike: More than 90 percent of the 450-member union voted to back their bargaining team if it called for walking off the job. Shortly after that, CAVA administrators tentatively agreed to some new concessions, according to copies of signed agreements provided by the union: a pay raise, a shorter work year, and fewer employment duties, among others.

Still, the fight around class size remained unresolved. CAVA teachers argued that class-size limits would improve academic quality. Carroll said the charter network maintained during negotiations that caps would hinder their needed flexibility. (CAVA declined to comment on its position on class sizes.) When they were still unable to reach an agreement, following a two-day fact-finding mediation last week, union leaders announced they were preparing for a first-of-its-kind strike. A virtual-charter strike would have meant that all online classes would be canceled, and teachers would meet in person to picket at locations such as the CAVA offices in Simi Valley. The strike was to be held in late April or early May.

But the day after the teachers’ strike announcement, April Warren, CAVA’s head of schools, proposed a compromise resolution: Classrooms could be capped at about 30 students, according to a copy of the signed agreement provided by the union, and if a classroom were to exceed that threshold, the teacher would be compensated accordingly. The teachers agreed. “I think the strike played a huge role in helping us resolve this, because that’s what CAVA was constantly saying—‘well, we don’t want a strike,’” Carroll said. Warren declined to comment on the strike threat, but on Monday, she confirmed the parties had reached a tentative agreement and were “working on a timeline for full ratification.” A spokesman for K12 declined to comment.

Carroll says teachers at other virtual charter networks have been reaching out to her, intrigued by her and her colleagues’ union work. While the West Virginia and Oklahoma teacher strikes demonstrate how educators at traditional public schools can still assert formidable collective power, just 11 percent of charters in the United States are currently unionized, and among virtual charters, that number stands at 9 percent. There are several reasons for this: Most charter-school backers and funders take a relatively anti-union stance, asserting that unions will impede a school’s flexibility, and therefore its ability to deliver the best education possible for students. Unions have also been slow to organize charter-school teachers, long viewing them as scabs who threaten their livelihoods. Labor groups have softened their stance towards charter teachers in recent years, but tensions remain as unions continue to work politically to halt charter-school growth.

A successful contract negotiation for cava teachers, though, could help ignite similar efforts elsewhere. The anything-goes approach to virtual education has made it alluring to operators trying to cut costs or make a buck. But if their workers have any say in the matter, online charters’ freewheeling days may be numbered. That would be good not just for educators but for the students entrusted to them.

Radio show on Janus v. AFCSME and striking teachers

I was kindly invited onto a California radio show, Beneath the Surface, yesterday to talk about recent happenings in the world of labor — namely the Supreme Court case challenging public sector union agency fees and the recent West Virginia teacher strike  and potential teacher strike in Oklahoma.

I was joined by Shaun Richman, a regular source of inspiration for my labor stories.

Can listen here: http://archive.kpfk.org/index.php?shokey=bts_friday