How Labor Is Thinking Ahead to a Post-Trump World

Originally published in The Intercept on January 21, 2018.
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The American labor movement, over the past four decades, has had two golden opportunities to shift the balance of power between workers and bosses — first in 1978, with unified Democratic control of Washington, and again in 2009. Both times, the unions came close and fell short, leading, in no small part, to the precarious situation labor finds itself in today.

Just over 10 percent of workers are unionized, down from 35 percent in the mid 1950s. Potentially, though, a wave of Democratic victories in 2018 and 2020 could give labor groups one last chance to turn things around. With an eye toward that moment, labor’s leading strategists are coming together to build a program that avoids the mistakes of the last two rounds.

Strike One: 1978

The National Labor Relations Act — a foundational law that guarantees the rights of private sector employees to unionize — was passed in 1935, and more than 40 years later, President Jimmy Carter, urged on by the AFL-CIO, came out in support of federal labor law reform. “The purpose of this [proposed] legislation is to make the laws which govern labor-management relations work more efficiently, quickly, and equitably and to ensure that our labor laws fulfill the promise made to employees and employers,” Carter said at the time.

The law would have addressed a number of issues that still remain on labor’s agenda today, such as faster union elections and tougher penalties for employers who refuse to bargain and violate labor law. “We didn’t try for revolutionary things; we pushed for things we thought we could get broad support for,” said Ray Marshall, who had served as labor secretary in the Carter administration. But with 59 votes in the Senate, a 44-year-old freshman Republican from Utah, Orrin Hatch, had filibustered the law, and it failed.

One of the revolutionary things the administration did not try for was the Humphrey-Hawkins Full Employment bill, which guaranteed a federal job to anybody who wanted one. It represented the height of labor’s aspirations coming out of the Great Society and what liberals (at least the ones who had not turned toward the free market as the answer) saw as one of the final legs of the stool. Carter was having none of it, and a much-weakened version went through instead. Anger at Carter’s inability to deliver for labor led many unions to back the primary challenge launched by Sen. Ted Kennedy, D-Mass. Despite Carter’s reputation as a progressive and the good work he has done since leaving office, his presidency is not remembered fondly in many union households.

Strike Two: 2009

The labor movement had another rare opportunity in 2009. Barack Obama had won the presidency, and Democrats not only took over Congress, but also seized an unexpected 60-vote, filibuster-proof majority in the Senate. Labor wasted no time vocalizing its demand for the passage of the Employer Free Choice Act, a law known as EFCA that would have given workers the right to join a union as soon as a majority of employees signed cards in support of the move. The legislation also would have stiffened penalties on employers who violated labor laws and forced recalcitrant employers to negotiate contracts with new unions.

The unifying idea behind these three reforms was that policies were needed to make it easier for workers to form unions and bargain contracts once they did. Research at the time showed a steep rise in the illegal firings of pro-union workers in the 2000s, and the National Labor Relations Board election process — to certify or decertify a union as a unit’s bargaining representative — was widely seen as tilted toward anti-union employers. Even when workers did vote for union representation through NLRB elections, many employers then refused to bargain, with only 38 percent of unions securing a contract within a year of certification.

Unions started discussions around EFCA in 2003, when Republicans controlled Congress and the White House. In 2007, Kennedy and Reps. George Miller, D-Calif., and Peter King, R-N.Y., introduced the bill, which passed in the House 241-185 — including 13 votes from Republicans. Though EFCA also had majority support in the Senate, it was blocked by a Republican filibuster.

So when Democrats took control in 2008, with a filibuster-proof majority to boot, the prospect of EFCA’s passage was tantalizing.

In 2009, progressives believed the odds were in their favor — all it would take was getting the votes of all 59 Democrats and independents, and hanging on to Arlen Specter, the Republican senator from Pennsylvania who co-sponsored the 2007 bill. Unions predicted they could add at least 5 million members to their rolls in just a few years if EFCA were to pass.

The business community hated EFCA, correctly recognizing that it would have shifted power relations between workers and employers. “This will be Armageddon,” the vice president for labor policy at the Chamber of Commerce complained. Before his inauguration, Obama told the Washington Post he knew the business community saw EFCA as “the devil incarnate.”

But the politics ended up being far more treacherous than labor anticipated — or perhaps more than the movement allowed itself to see.

“We never had 60 votes for EFCA, we just didn’t,” said Sharon Block, who worked as senior labor counsel for Kennedy on the Senate committee on Health, Education Labor, and Pensions in 2008. “We didn’t have all the Dems, even though we were closer than we had been before.”

Though EFCA tackled several areas, the provision that remains most memorable is “card check,” which would have allowed workers to form a union once a majority signed pro-union cards. (Labor organizers prefer the term “majority sign-up,” but card check is what stuck.)

The proposal was deeply controversial, in part because unions found it tough to explain why they were discouraging NLRB elections, in which workers could vote by secret ballot. Suddenly, Democrats and unions found themselves on the defensive, pushing back against arguments that they were anti-democratic. EFCA opponents argued they were merely trying to protect workers from coercive employee pressure — a talking point that resonated even as they expressed no similar concern regarding the similar, well-documented pressure coming from employers.

“There was a lot of not terribly sexy, but good reforms in EFCA to shape public opinion along the lines of fairness and stopping intimidation, but instead the conversation was about fattening the coffers of union bosses through anti-democratic methods, that unions don’t want you to have the right to vote,” recalled Louis Nayman, who worked then as a director of organization at the American Federation of Teachers. “Opponents even got George McGovern, the darling of the left, to do a 60-second anti-EFCA ad paid for by [anti-union activist] Rick Berman.”

Labor leaders still disagree about the reasons for EFCA’s failure.

Some say it’s the fault of moderate Democrats — like former Sen. Blanche Lincoln from Arkansas — who said she’d only vote for the bill if the card check provision was removed. (Lincoln lost her re-election bid to a Republican in 2010.)

Others blame Obama for not prioritizing the legislation, instead putting his energies and political capital behind health care reform.

And some say it had to do with a weak ground game from the labor movement and progressives, who never really mobilized the public enough to hold Congress and the president accountable. “There was this ‘Hey we just got you elected and now you owe us’ way of thinking about the world,” said Ken Jacobs, chair of the Labor Center at the University of California, Berkeley. “Obama at some point said, ‘You’ll have to make me do it,’ and that was not taken seriously to the degree it needed to be. To do something that will significantly shift power relations in the U.S. cannot be done quietly as a negotiated deal, it cannot happen without a loud clamor for it. It needs to be big enough and presented in ways people can understand.”

Block, the former lawyer to Kennedy in the Senate, doesn’t think Obama’s lackluster advocacy really made much of a difference. In fact, she said, some version of EFCA probably would have gotten through, but the final blow came when Senate Democrats lost 60 votes following Kennedy’s death. When the Massachusetts Democrat died of brain cancer in August 2009, he was succeeded by Republican Sen. Scott Brown, and the filibuster majority was no more, and EFCA never came up for a vote again.

The cost of losing EFCA was devastating, said Block. “We had put all of our eggs in that legislative basket and we didn’t win. And we really haven’t seen fundamental labor law reform since then.”

Carrie Gleason, who directs the Fair Workweek Initiative at the Center for Popular Democracy, said EFCA would have generated momentum to do even more, but after it failed, “the labor movement lost steam on a broader agenda.”

Though it was unsuccessful, Nayman, who is now retired, thinks the movement to pass EFCA alarmed and energized mainstream Republicans, who were suddenly fearful that unions might dramatically boost their membership, thereby increasing Democratic power throughout the United States.

“Right-wing funders capitalized on that and said, ‘Let’s never be put in this position again, let’s go after their money,’” said Nayman, who draws links between EFCA’s failure and Wisconsin Gov. Scott Walker’s subsequent rise to power, which came in part as a result of his focus on weakening public sector unions.  “When you aim to shoot the king, you better kill him, and with EFCA that didn’t happen,” Nayman said. “Every action has a reaction.”

“During the EFCA fight, I think there was a lot more energy on the business side, it felt like there were more people being brought in to canvass against it than there was union rank-and-file being brought to pressure Congress,” reflected Lawrence Mishel, who led the Economic Policy Institute, a pro-labor think tank in D.C., for decades until his retirement in December.

One consequence of failing to pass anything major on the federal level was a shift to state and local labor organizing — turning to city councils, legislatures, and ballot initiatives. The Fight for $15, for example, took off in 2012 and over the next five years, led to a wave of successful efforts to raise the minimum wage, pass fair scheduling bills, paid sick days, and paid family leave.

“A lot of us looked at the Fight for $15 in the beginning and thought they were out of their minds,” said Jacobs. “But they ended up changing the whole debate, in part by going out with clear, bold demands everyone could understand.”

But one result of all those local gains has been a push by Republicans in states to pass “preemption” laws, which prohibit local governments from passing laws on certain issues, effectively blocking cities from passing progressive legislation. “We’ve made tremendous gains, but with Republicans pushing for national preemption, everything is at risk if we don’t organize and build power in Congress,” said Gleason.

A Better Deal and Beyond

In 2017, a group of prominent congressional Democrats, including Senate Democratic Leader Charles Schumer and House Democratic Leader Nancy Pelosi, unveiled a package of labor reforms, under the banner “A Better Deal for American Workers.” The package includes ideas to strengthen the right to strike (by banning the permanent replacement of striking workers), push for mechanisms to ensure employers negotiate a first contract with unions (similar to what was proposed in EFCA), and ban so-called right-to-work laws, which have allowed workers to shirk paying fees to unions that represent them.

Mishel, the recently retired economist, called the Better Deal ideas “seriously bold” and Jacobs of UC Berkeley agreed, adding that the proposals seem to reflect “a much deeper understanding” among Democratic leadership and Democratic thinkers of what ultimately needs to be done. (Card check is notably not included in the list of Better Deal proposals.)

Also on the table is a bill called the Workplace Action for a Growing Economy Act, backed by the labor federation AFL-CIO. The WAGE Act would make it easier for workers to organize, stiffen penalties against employers who violate labor law, and give workers the right to file discrimination lawsuits if they’re punished for union activity.

At AFL-CIO’s convention in October, the union passed a resolution pledging to protect workers’ right to organize, heighten employer penalties, make negotiating first contracts easier, and protect immigrant workers from exploitation and retaliation.

Damon Silvers, director of policy and special counsel at AFL-CIO, told The Intercept that the group’s immediate strategy is to focus on those four planks and push for the WAGE Act, ultimately launching a longer-term conversation about what more fundamental change is needed.

The looming question is whether these ideas are enough to confront the challenges faced by working people in 2018. Most labor experts agree that if these proposals had passed back in 1978, when Hatch famously filibustered attempts at reform, economic inequality could look very different today. But what about now?

Larry Cohen, Our Revolution board chair and former president of the Communications Workers of America, said labor should aim higher, since no Republican would vote for any of the Better Deal ideas anyway. “If our frame is collective bargaining, how does that look in the rest of the world, and why do we come up short?” Cohen asked, noting that it’s much harder to bargain collectively in the United States compared to many other democratic countries. “Everyone lectures us about the global economy, and we need to lecture back,” he said.

In the meantime, labor is sliding backward. The Supreme Court will issue a decision later this year that could severely weaken public sector unions, and President Donald Trump’s National Labor Relations Board is doing its very best to overturn critical pro-worker decisions issued during the Obama era. And, because the basic structure of the National Labor Relations Act hasn’t changed much since it was first established in 1935, employers have had decades to develop new legal strategies to weaken the law; their strategies include forced arbitration and misclassifying workers as independent contractors.

A number of creative proposals have been floated recently — and might attract attention from progressive legislators looking for ways to stand out in a competitive 2020 primary.

Among these ideas include a push to end at-will firing, and a call for workers to demand their rights be treated as constitutional rights. “I think this frame is very helpful to talk about the core of what it means to have more of a say at your job,” said Gleason. “The right to free speech at work, the idea that your employer can’t just fire you because they don’t like you or because you spoke up about your beliefs. … I think people in America don’t really realize how powerless they are at their jobs until it’s too late.”

Other ideas include exploring so-called sectoral labor standards — where workers across entire industries, such as all finance workers or all retail workers, bargain collectively. Sectoral bargaining has been an important lever for workers in countries like France, Germany, and Brazil. Right now in the United States, workers collectively bargain with their individual employers, but sectoral bargaining would mean negotiations could take place industry-wide.

“If there’s anything we’ve learned from the Fight for $15 and a union is that the need for real transformative demands are important,” said Sarita Gupta, executive director of Jobs With Justice. “People want demands that are worth the risk.” Gupta’s group is exploring proposals like the idea of universal family care and “co-enforcement,” under which community-based organizations would partner with workers to help enforce progressive labor laws.

Jacobs said pushing for joint-employer liability, meaning pushing legislators to end corporations’ ability to shirk legal responsibility through franchising, also needs to be on the table. While the NLRB under Obama started to address this issue through a critical decision issued in 2015, the NLRB reversed the ruling last month, making it once again extremely difficult to hold corporations liable.

Nayman hopes to see a greater willingness among progressives to reach out to moderate Democrats on labor reform. “I would not start my conversation with Bernie Sanders or Sherrod Brown, I would start with the Blue Dogs, because you’re going to need them too,” he said. “Rather than treating moderates as enemies and sellouts, recognize that we’ll need them on board for this.”

“The lesson [from EFCA] is you don’t wait until the wave hits, you begin to work when times look tough,” added Bill Samuel, director of government affairs at AFL-CIO. “So we’ll begin drafting and introducing legislation, which we’ve done in terms of the WAGE Act, and we’re going to work on getting support from members and candidates.”

Unions should precondition endorsements for candidates on a commitment to support the WAGE Act, he added. “The lesson is get to work, regardless of the political environment you’re in, build support, awareness, and be ready.”

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With New Protections Tied Up in the Courts, Home Health Care Workers Aren’t Waiting Around

Originally published in The American Prospect on April 3rd, 2015.
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Almost two years after the Obama administration extended historic labor protections to the nation’s 1.79 million home healthcare workers, those new rights remain in limbo. In September 2013, the Department of Labor (DOL) announced plans to amend a longstanding regulation that has excluded them from earning the federal minimum wage, overtime pay, and compensation for travel on the job. For home healthcare workers in the United States—a group that is nearly 90 percent female—this move marked a significant step towards setting a floor of decent labor standards.

But the rule-change, which was set to go into effect on January 1st, now faces a challenge in federal court, and critics say state legislators are using the ongoing litigation as an excuse to avoid implementing the new protections. At the same time, given that most home healthcare workers are paid through Medicaid and Medicare—two underfunded public programs—many also worry that states will respond to the rule-change by curtailing consumers’ access to quality care. Activists across the country are working to pressure their lawmakers to reckon with these new standards and avoid potential calamity.

Four decades ago, Congress decided that home healthcare workers should be classified more like babysitters who provide “companionship,” rather than as workers entitled to basic protections. Nursing home employees, by contrast, are fully covered under the Fair Labor Standards Act (FLSA), despite performing many of the same tasks. As home healthcare has ballooned in recent years, these occupational distinctions have become harder to justify.

According to the Bureau of Labor Statistics, the U.S. will need one million new home healthcare workers by 2022. But the work is draining, the pay is paltry, and turnover is high. When adjusted for inflation, home healthcare workers’ average hourly wages have declined by nearly 6 percent since 2004. In 2013, the average earnings of home healthcare workers totaled just $18,598. 2013 was also the year that the Obama administration decided it was well past time to update FLSA’s policy. Because the DOL has the authority to amend federal regulations, it was able to enact this change without seeking Congress’s approval.

Though the new DOL rule-change would most directly benefit home healthcare workers, it carries implications for all domestic workers, including nannies and housekeepers. “By improving the conditions and protections in one area, you’re broadly boosting the sense that this is dignified work,” says Elly Kugler, an attorney with the National Domestic Workers Alliance, (NDWA) a group representing domestic workers in the United States.

Whether that change will actually be implemented is another question. Last year three industry groups filed a lawsuit against the DOL rule-change, insisting that it would have a “destabilizing impact” on home healthcare and hurt millions of elderly individuals. On December 22, 2014, a D.C. district judge vacated the rule for third-party employers, arguing that the executive branch cannot make such a regulatory change. A few weeks later, the same judge also vacated FLSA’s revised definition of “companionship services.” The DOL filed a challenge in appeals court, and arguments will be heard later this spring. Some suspect this may ultimately make its way to the Supreme Court.

Then, on March 20th, Labor Secretary Tom Perez sent a letter out to all 50 governors, urging them to focus on budgeting the minimum wage and overtime protections now, “to ensure that [they] will prepared if the Department prevails” in appeals court. Across the country, activists are also pressuring their representatives to focus on these issues. Yet many lawmakers are using the litigation as an excuse to avoid reckoning with the thorny budgetary questions. This means workers may not see minimum wage, overtime, and travel pay increases anytime soon.

“In Georgia, we’re seeing that our lawmakers are not talking about these issues,” says Tamieka Atkins, who leads Atlanta’s chapter of NDWA. “They have the attitude that we’re not going to move on this until the lawsuit comes down.” In response, Atkins’ group launched a campaign to lobby lawmakers and health agency commissioners in advance of their next legislative session. They also started a petition—“Governor Deal: All Eyes Are On Georgia”—asking for gubernatorial support towards minimum wage and overtime.

Activists in Texas are also applying pressure to their leaders. In January, domestic workers launched a home healthcare campaign, bringing together consumer groups, disability rights organizations, and labor unions. The following month—for the first time ever—domestic workers traveled to Austin to share their personal stories and lobby state legislators. “It was a really great opportunity because we agitated on different levels,” says Mitzi Ordonez, a domestic worker organizer at the Fe Y Justicia Worker Center in Houston.What we found is that many of the lawmakers just didn’t know about these [DOL] changes.”

Compared to Texas and Georgia, some states have made greater progress towards implementing the new labor protections. California, which already pays its home healthcare workers minimum wage, allocated new funds for overtime pay in its 2014-2015 budget, and was prepared to pay workers more at the start of 2015. But after learning about the federal lawsuit, California Governor Jerry Brown decided to postpone the overtime pay, even though there is nothing legally obligating him to do so. Frustrated activists have launched a campaign in protest; they organized meetings with state legislators, held rallies and candle light vigils, and even set up a“Justice for Homecare Tribunal”—a mock trial against the state. “The best thing for us to do is to not rest on our laurels,” says Doug Moore, the executive director of the United Domestic Workers of America. “The governor wants this to go through the courts, but we will use pressure to change his position.” Moore says that if the DOL rule-change is upheld in appeals court, they will then move to demand retroactive overtime pay back to January 1st.

Yet for some states that have reckoned with the rule-change, the results haven’t always been encouraging. “What we have been seeing, unfortunately, is that you can equally comply with FLSA by paying overtime and travel time, or by setting caps on the number of working hours,” says Alison Barkoff, the Director of Advocacy at the Bazelon Center for Mental Health Law. This scenario is playing out in states like Arkansas, which is looking to cap homecare workers to just 40 hours per week, and to limit each worker to just one customer per day. In effect, this would enable states to avoid paying workers overtime and travel costs. But such measures will hurt employees who make their living by piecing together multiple part-time jobs. It may also impact consumers who need more than 40 hours of care, or who may have a harder time finding someone willing to work for just a few hours per day.

Some hope that the Americans With Disabilities Act (ADA) and the Olmstead v. L.C. Supreme Court case, both of which protect disabled individuals from discrimination and unjustified segregation, will help consumers fight back against cuts to healthcare services. “The ADA and Olmstead provide important protections to consumers, but they won’t completely prevent a state from implementing restrictive policies,” Barkoff explains. “The laws do not prohibit a state from capping worker hours, so long as the state has a process for exempting individual consumers who will be seriously harmed. Most consumers will have to shift the way their care is provided.”

Meanwhile, labor activists maintain that their interests are not at odds with those of healthcare consumers, because quality care depends on creating sustainable working conditions. Many in the disability community have also signed amicus briefs in support of extending minimum wage, travel time, and overtime protections to home healthcare workers. “I think it’s important to know that there isn’t just one disability rights community,” says Sarah Leberstein, an attorney with the National Employment Law Project. “Many groups are very supportive, but they’re also really concerned about states taking it seriously and implementing the rules in a thoughtful way that doesn’t result in cuts to services.”

Even if upheld, the DOL rule-change may be hard to enforce. In New York City—a place that has instituted a progressive domestic workers’ bill of rights and a paid sick leave policy—activists have learned first-hand how enforcing these types of laws can be quite challenging.

“It’s really hard to be reliant on a complaint-driven process where workers have to come forth, but still fear retaliation,” says Irene Jor, a New York organizer with NDWA. Many domestic workers are also isolated in private homes, without much regular interaction with other workers who might provide them with moral support to raise grievances. Even once complaints are filed, not all are likely to be dealt with. “The Department of Labor, both on the federal and state level, is incredibly underfunded and does not have enough investigators,” says Leberstein. “So often they can’t simply respond quick enough, and they can’t do targeted enforcement.”

Nevertheless, if the DOL rule-change were upheld, it would be an important achievement. Some businesses would certainly have to adjust their operations to accommodate the new labor protections, but supporters of the rule-change insist that the industry’s opposition is overblown. According to national surveys, less than 10 percent of home healthcare workers even report working more than 40 hours a week. “We’ve also got many examples of big home care agencies that have figured out ways to pay workers properly, and still provide good care,” says Leberstein, who points out that many organizations already operate in states that require minimum wage and overtime protections. “So they’ve either figured out a way to do it and still earn profits, or they’re admitting to violating the laws in their state.”

Asking the public to pick between providing quality care and treating workers fairly is ultimately a false choice wrought through a political culture of austerity. States could avoid this by increasing funds towards Medicare and Medicaid, which would help ensure that the disabled and elderly can access the high-quality and flexible care without compromising national labor standards and worker dignity.

Though the future of the law is still unknown, one thing is clear. This is an issue that cannot be put on hold—thousands of health homecare workers live in poverty and 10,000 more baby boomers turn 65 every single day.

At UN Conference, Domestic Workers Push for International Labor Standards

Originally published in In These Times on March 19th, 2015.
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Between March 9 and March 20, member states and global NGOs gathered at the United Nations (UN) Headquarters in New York City to commemorate the 20th anniversary of the Beijing Declaration and the Platform for Action, the key international policy document aiming to achieve gender equality. Coinciding with the conference, the Clinton and Gates Foundations released No Ceilings: The Full Participation Report, which traces women’s demonstrable progress in global health and education since 1995, as well as their insufficient gains in economic participation, leadership and security. Dignitaries, celebrities, and philanthropists gave speeches calling for “50-50 by 2030”—meaning full gender equality in the next in 15 years.

Mobilized at the conference was a group whose organized presence was simply non-existent two decades ago. Representatives from the fast-growing global domestic workers movement came to New York to pressure the international community for the ratification and implementation of labor standards that would impact more than 52 million domestic workers all over the world, 83% of whom are women.

Domestic Workers’ Momentum

The domestic workers movement is relatively young; their first international gathering took place not even a decade ago, convening in 2006 for a conference hosted by the largest trade union in the Netherlands. Three years later, at the International Labour Conference in Geneva, they formed the International Domestic Workers Network (IDWN), tasked with organizing for an ILO Convention that would protect domestic workers’ rights. Two years later, in June 2011, ILO Convention C189 was adopted—marking a watershed moment for the movement.

ILO C189 outlines clear domestic labor standards, calling for, among other things, a guaranteed minimum wage, freedom of association, the right to collectively bargain, abolition of child labor, protection from abuse and harassment, at least one day per week of rest, formal employment contracts, social security and maternity leave. The convention was adopted with 396 votes in favor, 16 votes against, and 63 abstentions; the convention went into effect beginning in 2013, and today 17 countries have ratified it.

“After 2011, we finally had a rallying point for which we could gather internationally and push this issue,” says Daniel Naujoks, a political scientist at Columbia University who attended the recent UN conference. “C189 made it non-refutable, not just a pipe dream. Now you had this strong international backing and normative framing.”

After the adoption of C189, the IDWN decided to evolve from a loose international network into a formal federation, organizing its membership base and drafting a constitution. By October 2013, the International Domestic Workers Federation (IDWF) officially launched.

“Once things start to get really concrete, like with the passage of conventions, there becomes incentives for networks to form associations,” says Naujoks. “It is a legal entity that actually represents [domestic workers], whereas a network doesn’t really have representative functions.”

One of the IDWF’s central goals for this UN conference was to ensure that the implementation of C189 remained high on leaders’ agenda for the next 20 years. “We are talking about at least 52 million very poor working women without rights,” says Elizabeth Tang, the IDWF’s General Secretary who flew from Hong Kong to attend the conference. “If the government can at least implement this convention, that will be a very concrete achievement for gender equality.” Though there has been real progress made since C189’s passage in 2011, Tang says it is too slow, and too many governments still do not understand why they should take heed.

“We want things to look very different when we convene again in 2030,” says Barbara Young, a national organizer with the National Domestic Workers Alliance, a group that represents domestic workers in the United States.

International Gains and an International Problem

Activists can point to some notable achievements since the passage of C189. For example, in 2013, Brazil adopted a constitutional amendment granting 6.5 million domestic workers overtime pay, unemployment insurance, pensions, and a maximum 8-hour work day. In Africa over the past few years, NamibiaZambia, Kenya and Tanzania all passed minimum wage laws for domestic workers. In 2012, Thailand passed a new regulation entitling domestic workers to at least one day off per week, in addition to public holidays, paid sick leave and paid overtime for work on holidays. The first Pakistani Domestic Workers Trade Union formed this past December.

“In Hong Kong, all domestic workers, including migrant workers, are covered by the same labor law as other local workers,” says Tang. “We are now trying to show other governments that it is possible to protect domestic workers like other workers, because in some places it is already happening.”

Though there is a country-by-country approach, given the global ramifications wrought through the employment of migrant labor, domestic workers’ rights are an international issue. The UN conference discussed the problem of “global care chains”—where people feel compelled to move from one (typically poor) country to another (typically richer) country to care for someone else’s children and aging parents—often leaving their own children and parents behind.

Sexual abuse regularly occurs during the migration process, and with the threat of being fired or deported, women are strongly discouraged from reporting abuse or seeking medical attention.

“We must end visa dependency on employers and husbands that undermine women’s safety and rights,” said Young in a speech at the UN. “We must advocate for clear and accessible pathways to citizenship that will allow all migrant women workers to come out of the shadows.”

The organizers hope to raise domestic labor standards and formalize interactions—ideally through written employment contracts. Currently there are few remedies, practically speaking, for domestic workers with grievances.

“Once [domestic work] is recognized as a ‘real job,’ then it will count as job experience,” says Naujoks. “And by formalizing it, it gives people a greater opportunity to opt out if they want to go somewhere else later. As long as it’s seen as informal work, it becomes very difficult to break into the traditional labor market.”

The tide may be turning for domestic workers, but serious challenges remain. Some are practical; there are questions about how to best implement and enforce the laws and conventions in a feasible way. However, with centuries of racial and gender discrimination, most challenges facing domestic workers are ideological.

“Domestic workers are mostly women, and people in general look down on what women do,” says Tang. “The other problem is race and ethnicity, because a lot of domestic workers are from indigenous and marginalized groups, so they are discriminated against.”

Moreover, there exists a widespread perception that many domestic workers are living in countries illegally and thus are seen as a less important political constituency to help. And the longstanding cultural opposition to seeing care work as formal labor remains.

“Some people always say, ‘Oh well this is a private affair,’” says Naujoks.

Progress in the United States

Barbara Young, who migrated from Barbados, worked as a domestic worker in New York City for 17 years. She began organizing for better labor conditions in 2001, while she was still a full-time domestic worker. Young joined with others to push for the nation’s first domestic workers bill of rights, which passed in New York in 2010. The historic law grants domestic workers—including undocumented domestic workers—time off, overtime pay, protection from discrimination and inclusion in local labor laws. Since 2010, three more states have passed similar bills, and Connecticut’s version will soon be headed to a Senate vote.

At the UN conference, Young pointed out that only 27% of U.S. employment visas are issued to women, and the majority who migrate through legal channels are legally dependent on their employers and husbands. This can, and does often, entrap them in abusive and exploitative situations with little or no legal recourse. Young called for the UN to help grant women “the right to report abuses and violations and for violators to be prosecuted to the fullest extent of the law.”

Unlike the majority of domestic workers around the world who are can form trade unions, most U.S. domestic workers are legally barred from joining unions. This is due to a clause in the National Labor Relations Act passed in 1935, designed by Southern legislators to prevent African-American domestic and agricultural workers from organizing. Young tells me she believes removing this clause is their biggest organizing challenge.

Though the U.S. voted in favor of C189 in 2011, it has not ratified the international convention. Ideally, Young says, all sectors of the labor movement would unite together to push for U.S. ratification, but she notes the labor movement’s declining strength. The Department of Labor did announce in 2013 that it would begin to extend overtime and minimum wage protections to the majority of domestic workers; this is expected to go into effect later this year.

“Overall, we are on a forward trajectory, and the momentum is growing,” says Young. “Real recognition is there that we didn’t have 15-20 years ago.”

CPAC Labor Panel Does GOP No Favors in Outreach to Latinos, Women

Originally published in The American Prospect on March 2nd, 2015.

CPAC Labor Panel

Photo Credit: Rachel Cohen, CPAC Conference 2015

On February 26, day one of the Conservative Political Action Conference (CPAC) in National Harbor, Maryland, a panel convened on the state of the labor movement. To describe the tone of presenters as triumphant would be an understatement. At the Thursday afternoon breakout session titled “There’s No ‘I’ in Teamsters: Obama’s Bow to Big Labor Bosses,” panelists discussed a long list of topics, ranging from the salaries of top union leadership to “pernicious” attacks on franchisers of fast-food restaurants, whose workers have taken to the streets to demand predictable schedules and livable wages.

Indeed the anti-labor forces represented here found much to be happy about, and the speakers could hardly contain their glee.

“Labor policy is one area where our side is actually winning,” boasted Mark Mix, president of the National Right to Work Committee.

To a large extent, their confidence is certainly justified. Mix was speaking less than 24 hours after the Wisconsin Senate passed a so-called right-to-work bill—legislation that would make it illegal to require that employees pay fees to unions, effectively hurting unions’ ability to bargain and organize. If, as he is expected to do, Governor Scott Walker signs the bill, Wisconsin will become the 25th U.S. state to enact such a law.

But when it comes to the labor rights of domestic workers, the right’s self-assuredness at CPAC was overstated. If nothing else, its leaders’ intransigence against the rights of the largely female and non-white workforce in this sector is bound to hurt the image of the Republican Party, with which the anti-labor forces are allied.

Tammy McCutchen, a CPAC panelist who formerly worked in the Department of Labor (DOL), accused the Obama administration of trying to “devastate the home care industry”—referring to the administration’s attempt to ensure that the nation’s more than two million domestic workers receive guaranteed overtime pay. Through an old provision in the Fair Labor Standards Act (FLSA) known as the “Companionship Services” exemption, domestic workers have been left out of the minimum wage and overtime pay protections that most other workers are entitled to. In 2013, the DOL announced that it would begin to extend FLSA protections to the majority of domestic workers. Though the start date was pushed back, the expanded protections are still expected to go into effect later this year.

The median wage for domestic workers (also commonly referred to as home health and personal care aides) is $9.70 per hour. With an expected job growth of 70 percent between 2010 and 2020 as the baby-boom generation enters its golden years, domestic care is easily one of the fastest-growing industries in the nation. Low wages and minimal labor protections are an economic non-sequitur in a sector where demand is positioned to quickly outpace supply.

In 2012, the National Domestic Workers Alliance (NDWA) published the first national survey of domestic workers in the U.S. It found that although domestic workers play an increasingly important role in the U.S. economy, their work is unregulated and highly prone to exploitation. Nearly a quarter of all workers were paid less than the state minimum wage, and 60 percent of workers reported spending over half their income on rent or mortgage payments. NDWA’s labor organizing has been gaining prominent recognition. In 2012, NDWA Director Ai-Jen Poo was named one of Time magazine’s 100 Most Influential People in the World, and in 2014 she was named a MacArthur Foundation Fellow to continue her work organizing domestic workers.

But at CPAC, McCutchen didn’t mention any of this. She didn’t mention that the vast majority of the home care workers are women of color. She didn’t mention the historic Domestic Workers’ Bill of Rights that passed in New York, Hawaii and California. Instead, McCutchen pretended as though all the momentum in domestic labor organizing has come through the overreach of faceless bureaucrats in government agencies and from a power-hungry president. And she insisted that the regulations would greatly hurt the industry, leaving our aging parents to suffer.

It’s unsurprising that labor-minded conservatives would be so proud of themselves at CPAC, what with union membership declining, and the recent spate of anti-union victories at the state level. But the right’s refusal to reckon with the growing domestic workers movement could come at a cost. As the Republican Party tries to improve its image among women and minorities—the very people who fill most low-wage jobs—doubling down on anti-worker policies will only dampen its appeal.

The Wrong Way to Revitalize A City

Originally published in the February 2015 print issue of In These Times Magazine.
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Baltimore workers rally for fair urban development near the Horseshoe Casino construction site on April 20, 2013.

The pro-corporate American Legislative Exchange Council (ALEC) has come up with yet another strategy to bolster the power of big business. Republican lawmakers in Michigan plan to introduce an ALEC-backed bill that would ban “community benefits agreements” (CBAs), one of the few options local activists have to fight for equitable development. A CBA is a contract between community groups and developers of publicly subsidized projects. In exchange for community support, a developer might agree to offer quality jobs, living wages, affordable housing or environmental protections. ALEC’s CBA ban, which specifically prohibits a local minimum wage, would be unprecedented.

The contrasting stories of Baltimore and Buffalo, New York, two economically depressed cities that launched ambitious development plans, show what happens to workers and the poor when safeguards like CBAs are–and aren’t–in place.

The Inner Harbor myth

Baltimore was one of the first U.S. cities to rebrand itself as a tourist and entertainment hotspot in response to the painful post-war impact of deindustrialization and white flight. Beginning in the 1950s, Baltimore poured millions of dollars, through tax breaks and subsidies, into building up its Inner Harbor entertainment district and other attractions. By the early 1980s, these projects were bringing more than 18 million visitors to the city annually, leading many politicians and pundits to proclaim that Baltimore was in the midst of a terrific revival.

But it was never an equitable one. Between 1959 and 1995, Baltimore lost 75 percent of its industrial jobs, and by 2008, the city had lost a third of its population. Despite the tall, shiny buildings and bustling shopping centers downtown, blight and abandonment plague many corners of Charm City. As anthropology professor David Harvey wrote in 1992, “If people could live on images alone, Baltimore’s populace would have been rich indeed.” Instead, in 2012, more than 25 percent of the city lived in poverty, including 37 percent of the city’s children.

Meanwhile, the Inner Harbor is still drawing 14 million visitors a year and remains a point of pride for local leaders. In 2013, the city released plans to build up the Harbor even more over the next few decades. “Anything that’s great for tourists is great for locals,” Tom Noonan, CEO of Visit Baltimore, told the Baltimore Business Journal.

The approximately 1,500 restaurant and retail workers at the Inner Harbor might disagree. In 2011, United Workers–a human-rights organization led by low-wage workers–and the nonprofit National Economic & Social Rights Initiative co-published a report on Inner Harbor’s labor conditions that documented abuses such as chronic wage theft. The report profiled many workers, including Nadja Martens, a server at Hard Rock Café, and Jason Bandy, a server at Capitol City Brewing Company. Both saw big paycheck decreases during the winter months, when tourism was slow and tips were scarce. “During … November, December, January, February, 100 percent of the time I was not paid minimum wage,” said Bandy.

This report was the first investigation of its kind. “The formal measure of success for these public investments [in the Inner Harbor] has been a superficial assessment of whether a rundown area has been ‘cleaned up,’ whether customers are happy, whether businesses and investors are making money,” the report stated. “Job creation has been addressed as a simple matter of quantity–how many jobs are created–not of quality.”

Todd Cherkis, a Baltimore organizer with United Workers, puts it this way: “There’s the myth about the Inner Harbor, and then there’s the reality.”

A different approach

In 1994, in response to the bleak conditions, Baltimore citizens mobilized the nation’s first grassroots living wage campaign, fighting to establish higher wage standards for businesses that receive government subsidies. The campaign was historic, but activists won a watered-down victory: The new requirements applied only to city contractors, not all publicly subsidized developers.

Since 1994, more than 120 other municipalities have seen their own living wage campaigns, inspired by the original Baltimore activists. One was Los Angeles, which enacted a living wage ordinance in 1997. A year later, LA residents pushed for what would become the nation’s first CBA–a labor agreement tied to an incoming Hollywood shopping mall and entertainment complex. Dozens of cities have since negotiated their own CBAs; 28 were in effect nationwide as of 2012.

The story of the waterfront development in Buffalo, New York, provides a strong contrast to Baltimore’s. In 2004, the state-run Erie Canal Harbor Development Corporation (ECHDC) embarked on a plan to transform Buffalo’s waterways into a Great Lakes version of the Inner Harbor. Using a $350 million grant from the New York Power Authority, the ECDHC planned to give approximately $40 million in public subsidies to outdoor-sporting goods store Bass Pro, to be the anchor tenant, and Benderson Development, to build the retail store.

“When we found out about all this, we were really concerned about the size of public subsidies for private businesses, particularly for Bass Pro, a low-wage employer,” says Andy Reynolds, a communications organizer with the Buffalo-based non-profit Coalition for Economic Justice (CEJ). “We began to learn about community benefits agreements as a best practice, so we started a coalition to launch one of our own.” The result was the Canal Side Community Alliance, a coalition of more than 60 community organizations launched in 2009 to put public pressure on both developers and local political leaders. By 2013, the Canal Side Community Alliance was able to get the state to agree to a CBA. The project is still underway, but with less emphasis on retail and a greater commitment to local needs like good jobs, Buffalo’s Inner Harbor–in theory–will look quite different from Baltimore’s.

To be sure, CBAs are no panacea. If developers do not hold up their end of a CBA agreement, the community coalition must hold them accountable, which in many cases means going to court. Such sustained oversight is challenging and sometimes unsuccessful. And, as Peter Marcuse, professor emeritus of urban planning at Columbia University, writes, “CBAs … often provide only a limited reach for alternative means of making the planning process truly democratic.”

Still, CBAs are far better than nothing, and the fact that they are in ALEC’s crosshairs is a testament to their efficacy. As Matthew Raffol writes in Advocates’ Forum, “By organizing residents of low-income communities and granting them access to development planning processes, CBA coalitions transform these residents from objects of urban development policy to subjects who actively shape development decisions [and] exact a price on private capital that it would not otherwise incur.” In other words, when faith, labor and community groups come together to make demands on municipal projects, they shift the dynamics of urban power and set the stage for further demands.

Hope yet for Baltimore

In April 2013, hundreds of Baltimoreans rallied at the site of the new Horseshoe casino to celebrate a deal that local unions, with the help of Maryland state officials, had brokered with Caesars Entertainment Corp. The 1,200 permanent casino staff would be allowed to organize without management opposition, using a simple-majority “card check” process.

That victory is being used to fuel a push for fair development throughout the city. In October 2014, a new group called One Baltimore United–comprised of labor, faith and community organizations–rallied outside City Hall for higher-wage jobs, improved schools and better public services. “Our goal is to show that the Inner Harbor model is outdated,” says United Workers’ Cherkis. The coalition is keeping a close watch on future development projects and sees CBAs as one tool in its arsenal.

Cherkis expresses cautious optimism: “The landscape to address these issues is definitely changing.”

 

Minimum Wage Measures Pass Easily in Four Red States

Originally published in The American Prospect on November 5, 2014.
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A
s devastating as Tuesday night’s election was for Democrats—Republicans took control of the Senate and won a number of key governor racesit was actually an encouraging night for the progressive economic agenda. In four red states—Alaska, Arkansas, Nebraska and South Dakota—minimum wage ballot initiatives all passed easily. In San Francisco, voters overwhelmingly passed a $15 minimum wage—with notably little opposition from the business community. And in Illinois, voters sent a clear message through a non-binding advisory initiative that they want lawmakers to raise the minimum wage, and fast.

Increasing the federal minimum wage from $7.25 to $10.10 has been a major economic priority for President Barack Obama, part of his effort to curb the nation’s rising levels of inequality. (Under Obama’s plan, year-round, full-time minimum-wage workers would go from making $15,080 per year to $21,008.) Yet ever since April, when congressional Republicans mobilized to block wage-hike legislation, progress on the federal level has gone nowhere.

In light of this, it’s interesting to see a state like South Dakota—a state that hasn’t supported a Democrat for president in decades—vote to raise the wage by a 53 percent margin. The initiative will result in 62,000 South Dakotans taking home higher paychecks. In an email to The American Prospect, Zach Crago, executive director of the South Dakota Democratic Party, said, “It’s about rewarding hard work with an honest wage. That message resonates with South Dakotans. Republican candidates oppose it at their own peril.”

Minimum wage initiatives were so popular among voters leading up to the election that even Republican candidates like Alaska gubernatorial candidate Dan Sullivan had to say they’d vote for a minimum wage increase. Sullivan did just that, despite his having opposed it before the primary. Alaska’s minimum wage initiative passed with nearly 69 percent of the vote. Ed Flanagan, a leader of the Alaskans for a Fair Minimum Wage campaign, told The American Prospect that while the campaign faced no real organized opposition, the conservative state legislature could still try and repeal the law in two years—a move they pulled on Alaskan voters back in 2002. But given the high percentage of Alaskans who voted to raise the wage, Flanagan hopes state lawmakers “will think twice about messing with the will of the people.”

In Arkansas, Republican U.S. Representative Tom Cotton, during his campaign for U.S. Senate, stayed mum for months on a potential minimum wage increase until it became so popular with Arkansas voters that he finally felt compelled to come out in September to back it. Cotton won his Senate race last night, but so did the minimum wage—with 65% of Arkansas voters supporting the ballot initiative.

Exit polls for states where minimum wage initiatives weren’t on the ballot also showed high levels of support for future increases. In Wisconsin, although Scott Walker was re-elected, and has consistently opposed increasing the minimum wage, a solid majority of Wisconsin voters said they’d like to see it raised higher than $7.25.

Undoubtedly, it was a damning night for the Democratic Party, but the picture isn’t entirely bleak for progressives. Exit polls reveal that 63 percent of voters believe the U.S. economic system favors the rich; this highlights a much larger national frustration for politicians to organize around. Arun Ivatury, a senior strategist with the National Employment Law Project Action Fund, told The American Prospect that, going forward, politicians who embrace economic populism “will run away from the pack in 2016, when the electorate looks much more like America. Those who don’t will be bypassed. It’s our job to make sure people know who is who.”

Jimmy John’s workers fight for a union

Originally published in Baltimore City Paper on October 28, 2014.
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On Sunday, Oct. 19, as Ravens fans meandered around the chilly Inner Harbor in advance of the game set to begin later that afternoon, about two dozen workers and community supporters formed a picket line outside the Jimmy John’s sandwich shop on Pratt Street to demand the right to form a union. “Ravens have a union!” the protesters chanted. “Why can’t we?” The Jimmy John’s employees claim that ever since their efforts to publicly unionize kicked off in early August, management has responded with clear efforts to intimidate them, including the firing of their co-worker James Hegler. Workers have responded by filing seven counts of illegal retaliation complaints with the National Labor Relations Board.

On Aug. 9, with support from the Industrial Workers of the World (IWW), a radical union founded in 1905 that gained a reputation for organizing across class, race, gender, and occupational lines, Baltimore Jimmy John’s workers presented their list of demands to management, which included one paid sick day per month, a transparent disciplinary system for both workers and managers, and wage parity with their landlord, the Hilton, that has unionized employees making between $10.75-$13 per hour. Wages at Jimmy John’s hover around $7.25.

The Baltimore fight comes at an interesting time as Jimmy John’s workers across the country have gained national attention for launching a class action lawsuit over the non-compete agreements all Jimmy John’s employees are forced to sign in order to work there. These contractual clauses require employees to promise not to work in any nearby sandwich shop for at least two years after they leave, so as not to give away “trade secrets.” In response, over 35 House Democrats recently signed a letter requesting the Department of Labor and the Federal Trade Commission to launch an investigation into this suspect labor practice. Though the Baltimore Jimmy John’s workers say they stand in solidarity with the class-action suit, they themselves are not presently involved.

The fight for a union also stands out as thousands of fast-food employees across the country have gotten involved with the Fight for 15 campaign, an effort to demand fast-food chains provide a $15 minimum wage and the right to form a union. Founded in Chicago in 2012, and largely backed by the Service Employees International Union, Fight for 15 includes employees at McDonald’s, Burger King, KFC, and Wendy’s who have taken to high-profile one-day strikes in order to send a message to their employers that they deserve better conditions in the workplace. Even President Obama has publicly cheered on the fast-food strikers’ organizing.

But despite the fast-food industry’s substantial presence in the Baltimore labor market, the Fight for 15 campaign just has not taken off here like it has in other cities. Some activists involved in the Baltimore and Maryland Workers Assembly marched in a “Walk 4 Justice” downtown in May and September, to support strikers in other cities, but by and large the local fast-food organizing efforts have been minimal.

“We’re the only union organizing fast-food workers in the city,” said Brennan Lester, a Jimmy John’s worker and IWW organizer. “But this is an idea whose time has come. We’re long overdue for unions. We’re precariously employed with no rights and no protections and we’re one of the only growth industries. It’s not just for kids anymore.”

Colleen Davidson, an activist with the Baltimore chapter of Fight Imperialism Stand Together (FIST), who came out to the Jimmy John’s demonstration, said organizing can be particularly difficult in Baltimore because “so many people are just in survival mode, juggling two to three jobs, raising kids, and grappling with gentrification and homelessness.”

Yet back in the early ’90s, there was a time when Baltimore was the national leader for low-wage organizing efforts—proudly standing as the first city to launch a “living wage” campaign, and ultimately being the first city to pass a “living wage” law. Activists called for a minimum wage of $7.70 per hour, a significant spike from the federal minimum wage of $4.25. Led by the church-based civic group Baltimoreans United in Leadership Development (BUILD) in conjunction with the American Federation of State, County and Municipal Employees (AFSCME), residents began organizing for higher wage standards after it became clear that even full-time workers couldn’t pay their bills. Activists campaigned with the theory that public subsidies and city contracts should not support private firms that paid poverty wages.

Going forward, Jimmy John’s workers have pledged to continue launching “a series of escalating direct actions” in order to pressure the company to recognize their union. Toward the end of the Oct. 19 protest, picketers marched inside the store, holding up signs, and calling for management to reinstate Hegler. “What do we want? Rehire James! When do we want it? Now!” In the end, four Baltimore City police came to break up the event.

Stephen Thompson, a 28-year-old adjunct math professor at UMBC, showed up to picket alongside the Jimmy John’s workers. “Compared with other labor-related protests I’ve been to in Baltimore, this one had a different feel. That’s what I really liked about it,” said Thompson, who noted that the IWW people are a “young ragtag kind of group” in contrast to the more professional organizers of other unions. In Baltimore, the IWW is also affiliated with the unions at Red Emma’s and Baltimore Bicycle Works. “They are very passionate,” Thompson added. “It made the picket more fun and exciting.”

Interview With The Governor Of Maryland: Martin O’Malley

Originally published in The JHU Politik on February 16, 2014.

Martin O’Malley, who has served as the Governor of Maryland since 2007, sat down with the JHU Politik to share his thoughts on some of the most relevant issues pertaining to college students in Maryland, as well as his legislative plans for the future. O’Malley’s history with Johns Hopkins runs deep; he previously served as Mayor of Baltimore City from 1999 to 2007, and before that he worked as a Baltimore City Councilman from 1991 to 1999. While he has not yet confirmed or denied the speculation, Governor O’Malley is widely considered to be a serious contender for the 2016 presidential election.

Since your time as Mayor of Baltimore do you think the relationship between Hopkins and the city has changed?

I was elected Mayor in 1999, I think over the years the relationship between Johns Hopkins and the neighbors of East Baltimore has improved. I think you see some physical manifestations of that improved relationship in these new school buildings here, and the redevelopment of this East Baltimore area north of Johns Hopkins. There was a commitment by Johns Hopkins to make sure that we were not only creating more jobs adjacent to their campuses but that we were also rebuilding the fabric of the community that had been hit hard violence and by the abandonment that the open air drug markets had caused here.

To see the [Henderson Hopkins School] open shows that Johns Hopkins sees the future of the institution intertwined and very dependent upon the future of the neighborhoods that surround Johns Hopkins. And that’s a positive thing. None of us are so powerful and mighty that we can ever separate ourselves from the broader community in which we live and work and achieve.

My sophomore year I took a class called “Baltimore and The Wire.” It was taught by Peter Beilenson, who served as Baltimore City Health Commissioner from 1992-2005, during your time as Mayor. What is your take on the iconic show? Do you feel it is a fair depiction of the city?

I think The Wire accurately depicted the conditions that we had allowed to rise up in far too many of our neighborhoods. I mean for years we failed to push back on the proliferation of open air drug markets in our city and it robbed a lot of families of their legacy wealth, of their homes, of their neighborhoods and of their sons’ lives.

Hopefully there will be another show, provided we can get back on track here. From 2000-2009, Baltimore had achieved the largest Part 1 crime reductions any major city in America and we need to do that again, we need to do it every decade for the next several decades. And as we do, we’ll see the city growing in population, growing in opportunity, growing in prosperity.

As an undergrad you took a semester off from school to work on Gary Hart’s presidential campaign. What role do you think students play politically within Baltimore City and Maryland at large? Do you think students should be getting more involved in the political process?

Well I think the process always benefits when young people are more involved rather than less. One can see the direction of a state, a city or a country from the attitudes of its young people and the sooner those attitudes find their way into government, campaigns and party platforms, the better. It accelerates the curve of progress. I think young people were instrumental in President Obama’s election and reelection campaigns, and both my campaigns for Governor. Young people were a huge part of what propelled us into office.

Many of us will soon be graduating and entering into the ominous job market. What sorts of policies do you think would be most effective to help ensure employment and what sorts of things do you also hope to see in the absence of a robust hiring scene?

Here’s the good news and bad news for the people in the class of 2014.  The good news is that the financial markets and banking institutions were stabilized by the actions that President Obama took several years ago. Our industrial base was rescued by the actions that the President and Congress took with our auto industry and the good news is that we’ve now had 47 months straight of positive job growth.

Last year we moved more people from welfare to work than in any other single year since these numbers have been kept. That is why we have also increased the earned income tax credit to reward hard work and it is also why this year we are pushing for an increase in the minimum wage. These things are all steps we can take. And if you look at what is happening in Maryland in terms of upward economic mobility, it would appear that the balance of steps we are taking is actually working because the Pew Foundation ranked us as one of the top three states in America for upward economic mobility at a time when there has been a hollowing out of our middle class.

But while things that we are doing are working, we are part of a larger national and global economy. We need as a nation to invest in the fundamentals of a stronger economy. I’m talking about education, affordable college, the infrastructure, water, transportation, cyber and R&D. It’s what our parents and grandparents did. It’s what we’ve done at every generation but for some reason we became distracted for the better part of the last thirty years by this phony theory of trickle down economics that says that if you cram as much of the country’s wealth into the hands of the fewest people then that will somehow lead to a burst of opportunity and jobs. It doesn’t work that way. It never has.

What initiative are you most excited about for this legislative season?

The one I’m most excited about is actually raising the minimum wage because it allows for us to hold a larger conversation and gives us an opportunity to talk about a host of actions we’ve been taking as a state. There are so many people from across the political spectrum who all agree that nobody who works 16 hour days should have to raise their children in poverty. So it’s an opportunity to have a larger and more inclusive conversation rather than speaking past each other with ideologies and old formulas.

The State of American Women

Originally published in The Washington Monthly on October 10, 2013.
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The Center for American Progress recently published an important study on the well-being of women in the United States. Entitled, “The State of Women in America: A 50-State Analysis of How Women are Faring Across the Nation, the research evaluated each state by three categories deemed to be most critical to enabling female success: economic security, health and leadership. CAP’s study also broke down the findings by race and ethnicity.

“We really wanted to take a holistic look, a broad survey, of some of the different factors that impact women’s lives,” said one of the lead researchers, Anna Chu. “We wanted to think about what’s important to women and their ability to reach a healthy and secure life.”

In conjunction with the report, CAP also launched what they’re calling the “Fair Shot Campaign” in order to raise public awareness, and to push for policy solutions aimed at improving the chances for female success in America. The campaign, which mirrors the three categories of the research report, is going to highlight issues such as reproductive health care access, gender wage gap disparities, a higher minimum wage, paid-family leave, and increasing the number of women in leadership positions in both the public and private sector. Planned Parenthood Action Fund, Service Employees International Union and American Women (the 501(c)(4) branch of Emily’s List) will be partners in leading the campaign.

Organizing For Action, the nonprofit advocacy organization that grew out of the 2012 Obama campaign, has also already hosted over 140 house parties across the country to discuss CAP’s new research findings and how to move the research into policy.

Neera Tanden, CAP’s president, told Politico, that despite the historic 20-point gender gap in the 2012 election, the concrete policy changes that should theoretically follow such a dramatic shift, like paid sick leave, have yet to become a reality.

“The goal is to affect conversations in 2014, 2016 and going forward. It’s not something we do for a week and drop.”

“With the pay equity issue in particular, women across the spectrum, regardless of socioeconomic status really feel, see and understand that it’s inherently happening,” said CAP Senior Fellow, Buffy Wicks, in an interview.

According to the data, women on average earn 77 cents for every dollar a man makes, but for African-American women that number is only 64 cents, and for Hispanic women, it’s a mere 53 cents.

“Women deserve to make 100% on the dollar for what men make,” said Chu.

Economic issues, beyond wage inequality also persist. More than 21 million women still lack health insurance and CAP reported that in 2012, 16.3 percent of women lived in poverty compared to 13.6 percent of men. Even more staggering, 29 percent of African American women, and 28 percent of Hispanic-American women lived in poverty.

Today’s minimum wage, which stands at $7.25, is reportedly 31 percent lower than the value of the minimum wage in 1968. CAP reports that if the minimum wage were raised to $10.10 per hour, an equivalent value to 1968’s, more than half of the beneficiaries, close to 17 million, would be women.

“Nearly two thirds of individuals earning minimum wage are women,” said Wicks.

Employing progressive political behemoths like CAP, OFA, and Emily’s List, among others, signals a real power push to prioritize issues that affect women—issues that often remain on the backburner of the progressive agenda. And with exit polls from the 2012 election revealing that 53 percent of voters were women, with 55 percent of those casting votes for President Obama, the political impetus from the citizenry seems there, too.

The worry, of course, is to make sure that the policy progress amounts to more than just “trickling down” or “leaning in.” But CAP’s vision, to see economic security, health access and leadership opportunities as all inextricably linked indicates that what they’re organizing around is a much deeper political change.

Labor Reawakens

Originally published in the Baltimore Sun on April 26, 2013.

This week, hundreds of Chicago workers organized a major labor strike, demanding a wage floor of $15 an hour and the right to unionize. Their protests come on the heels of the largest strike in the fast food industry’s history, which took place in December in New York City, and a nation-wide Walmart strike to protest what workers felt were unfair wages and treatment. Here in Baltimore, workers have also begun organizing around the idea of “fair development” — calling for higher wages and other benefits.

Chicago’s strike represents just how contagious this type of unrest has become. Led by the Workers Organizing Committee of Chicago, in collaboration with other local worker groups and unions, they are leading the “Fight for 15” campaign to raise the minimum wage.

Who can blame them? Minimum wage in Chicago, at $8.25, is already $1 more than the federal requirement. Yet if one works 40 hours a week, for 52 weeks a year, the resulting salary is $17,160 before taxes, well below the poverty level for a family of three. In November, the Census Bureau announced that more than 16 percent of the population lived in poverty, including almost 20 percent of American children. This figure had risen from 14.3 percent in 2009 and was at its highest level since 1993.

The National Employment Law Project found last year that low-wage positions made up just 21 percent of the jobs lost during the recession, but they accounted for 58 percent of jobs “recovered.” Additionally, researchers found that food service, retail and employment services represented 43 percent of employment growth over the past two years.

The workers organizing strikes and protests face tough odds, as unionism is widely perceived to be on the wane, even in the public sector. But something has to give. A mere 88,000 jobs were created in March, and labor-force participation is at its lowest since 1979, as millions have decided that the work world offers insufficient opportunities. If we can’t figure out a way to incentivize stable employment through livable wages, then we could be in for years of economic stagnation or worse.

The protesting workers doubtless have decided they need to take matters into their own hands because Washington has done little to help.

To be sure, President Barack Obama has talked extensively about the need to revive the middle class and about the ill effects of a system in which the rich get richer and the rest fall behind. He has endorsed increasing the minimum wage and included a proposal to do so in his budget package.

But he has managed to accomplish little. Even talking about the problem inevitably leads to Republican cries of “class warfare” that drown out and end the conversation. But it’s a conversation we need to have. Real annual median household income has dropped to $45,018, from $51,144 in 2010. Virtually all the gains from the economic recovery continue to go to the richest people in the United States.

The increasing polarization of our wealth is stunting economic growth, and that’s bad for the poor and rich alike. But it is not inevitable. We’re glad to see workers in Baltimore, New York, Chicago and elsewhere speak up and demand change. Washington needs to brave up and confront this too. An increase in the federal minimum wage won’t solve the problem, but it would surely be a step in the right direction.