Mission-driven and worker-driven: Inside the wave of nonprofit organizing

Originally published in Strikewave on May 28, 2020.
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In April, six nonprofits based in the nation’s capital — ranging from the National Women’s Law Center and J Street, to Friends of the Earth and Groundwork Collaborative — announced their plans to unionize with the Nonprofit Professional Employees Union (NPEU), a D.C.-based affiliate of the International Federation of Professional and Technical Employees (IFPTE). Meanwhile, workers at the ACLU of Northern California were laying the groundwork for their own unionization drive, which they announced at the beginning of May. When the vaunted civil liberties organization declined to voluntarily recognize its workers, they quickly filed for an NLRB election.

“A lot of these campaigns were going on before this whole pandemic, but I think the uncertainty has really brought into clear relief the need for a collective voice in both things like safety and PPE when we eventually come back to the workplace, and how funding cuts and all that is going to be dealt with,” said Paul Thurston, the organizing director for IFPTE. “It’s just getting people to the realization that you’re better off in an uncertain situation when you have the ability to advocate for yourself as opposed to whatever your boss dictates.”

Nonprofit workers organizing — and even striking — is not new. Labor unions like AFSCME and SEIU have long seen opportunity for growth in the nonprofit sector, a sector which expanded significantly in the second half of the twentieth century with a predominantly female and highly-educated workforce. Unions even once viewed organizing nonprofits as a central way to slow the privatization of public services; this was in part because they thought if wages went up in nonprofits then public entities might be less motivated to contract out. “In general that hasn’t really happened because nonprofit wages — union or not — haven’t kept pace with government wages,” said Jan Masoaka, the CEO of the California Association of Nonprofits. “And the other motivating factor for contracting — having greater control to hire and fire — has become more important to employers.”

As of 2017, according to federal labor statistics, there were nearly 12.5 million nonprofit workers  across the U.S, working in a range of organizations from hospitals and charter schools, to direct-service providers and museums, to advocacy groups and research institutions. The government does not track union density among nonprofits specifically. But just as there’s been recent momentum for new organizing in sectors like digital media and tech, the college-educated, millennial workforce toiling at nonprofits have taken notice, and inspiration.

“Having done this work for thirty years, I can say the workers we’ve been in contact with recently have more confidence in standing up for what’s right, and demanding their working conditions reflect the values of their own agencies,” said Cindy Schu, the organizing director for Nonprofit Employees United (NEU), an affiliate of the Office and Professional Employees International Union. “I do think a lot of it is coming from an increase in activism among younger workers who are devoted to social change.” In the last six months, Schu’s union has organized five new nonprofits — including a food bank in San Francisco, an organization supporting at risk-homeless LGBTQ youth in Little Rock, and another homeless youth service provider in Seattle. They represent “many dozens” of nonprofits, she said.

Thurston said it’s “been incredible” to see how many nonprofit workers reach directly out to their union, interested in organizing their workplaces to make them more sustainable. “You get into nonprofit work because you’re ideologically-driven, but all of these big nonprofit hubs are in extremely expensive cities and young people are not being given the resources or say in the organization for that sacrifice to make sense,” he said. “The outreach is, ‘I don’t want to quit my job, I love my job, and I want it to be better.’”

Both the NPEU and NEU went through rebrands a few years ago, updating their names so nonprofit employees could more clearly grasp who it is they represent. It appears to be working: the NPEU alone has more than doubled its size from 13 units a year ago to 27 today.

“I think people are more conscious of themselves as workers, and have also realized in the larger economic scheme of things that nonprofits are not special,” said Kayla Blado, the president of NPEU and the director of media relations at the Economic Policy Institute. “They’re still working at a job, they deserve to get paid, and frankly a lot of them are having bad experiences at nonprofits, which purport to be progressive and care about certain issues but the day-to-day can be really difficult and workers face discrimination.”

Organizing nonprofits often requires different tactics than organizing for-profit companies. Unlike at a fast food corporation, or Amazon, where workers can rally around principles of corporate greed and sky-high profits, many nonprofit workers generally like their jobs, are aware of funding constraints, and want to avoid bringing too much negative attention to their organization.

“It requires a little bit of massaging the messaging to fit the demographic of the folks, which extends to the public-facing campaigns,” said Thurston. “At Kaiser or a power company or Boeing, there’s no problem going ablaze through the media to say we’re doing this, and here’s all the anti-union stuff Boeing is doing. With nonprofits, any kind of bad press could hurt their organization and that’s not really what they want.”

Jeff Farmer, the organizing director at the Teamsters, which represents about 20,000 nonprofit workers, said over the years he’s emphasized to nonprofit staff that unions don’t have to mean an inherently adversarial relationship. “You don’t have to be anti-organization, or anti-employer, to be pro-union,” he said. “You just still want a voice, weeks of vacation, and to be treated like an adult.”

The main reasons cited for organizing nonprofits are often not primarily financial, but are more about increasing transparency, security, and participatory decision making. “People who work in nonprofits understand the economy is precarious and they know even if my job is good it’s not stable,” said Stephanie Luce, a professor at the CUNY School of Labor and Urban Studies.

Workers tend to frame their campaigns around making their organizations stronger, and more capable of preventing costly staff burn-out. Some policies NPEU workers have negotiated for, said Blado, include mandatory racial equity training, standardized pay-scales and tuition reimbursement, good parental leave, retirement accounts, and seats for workers on the board.  “No one is trying to force their workplace to go under for any reason,” she said. “We just want to strengthen the mission of the organization.”

But these demands don’t always sit well with nonprofit management, many of whom see themselves as very progressive — or at least want to be perceived as such. Two decades ago, Masoaka, the now-CEO of California Association of Nonprofits, co-led a project for the Aspen Institute to study how nonprofits have been experiencing the surge in unionization. Masoaka and her colleague interviewed 40 nonprofit executives, trustees, and staff in San Francisco and New York, and found the campaigns can prove particularly contentious, because both nonprofit workers and their employers often have strong emotional investments in their work, and the progressive bona fides of the employers are directly challenged.

Boss resistance generally looks different than the more brazen union-busting tactics from the corporate sector. More common, workers said, is it takes the form of guilt tripping, with management stressing that collective bargaining could mean cuts to staffing, programming, and therefore less services available for their vulnerable clients. Nonprofits are also often dependent on government funding and private foundation support — which managers point out can come with strings that prevent dollars from going to the types of demands workers are making at the bargaining table.

Sometimes managers even worry that donors will be upset by the prospect of a union, if that means donor contributions go less far to serving low-income and vulnerable people. “What we usually say to that is turnover is extremely expensive, and when workers leave, the quality of work goes down,” said Blado, who adds that in her experience many donors have been happy to see their organizations walking the progressive walk.

Paternalistic attitudes from nonprofit employers are also not uncommon, according to organizers. “They’ll say they’re not opposed to labor philosophically, but when their power is challenged it’s a really different story,” said Schu of the NEU. “I’ve seen a patronizing approach where the manager will say, ‘we’re all in this together, we’re a nonprofit and the work itself should be a reward,” added Farmer, of the Teamsters.

As for whether a nonprofit employer is more likely to voluntarily recognize their workers’ union than a for-profit — it depends. There’s certainly more pressure to do so, especially if the threat of bad press awaits. Paul Reilly, who has worked for the Washington-Baltimore Newspaper Guild since 2001, says the nonprofits his union has represented have been more likely to do voluntary recognition. (Disclosure: In 2017, I helped organize The American Prospect, a nonprofit, with the Washington-Baltimore News Guild. Management did voluntarily recognize us.) And nearly all the recent NPEU shops were also voluntarily recognized. Still Schu said in her experience it’s been more common for nonprofits to go through an NLRB election, though they always try and seek voluntary recognition first.

One area of nonprofit organizing that is genuinely new is political campaigns. The idea has been long discussed among campaign staffers, but because campaign work is so short-term, many established unions didn’t see the investment as feasible. Some unions also thought it could be a conflict-of-interest, because they endorse candidates and questioned whether they could represent the workers of a candidate they may or may not endorse.

“It’s something people have always talked about at drinks after work but no one really does,” said Meg Reilly, the president of the Campaign Workers Guild, which she co-founded in 2017. “We were told no by plenty of unions, so finally we just started our own.”

The Campaign Workers Guild was so successful in the 2018 cycle, representing about 40 campaigns, that now larger unions have hopped on the bandwagon, especially eager to represent the major Democratic presidential candidates. In the 2020 cycle, the International Brotherhood of Electrical Workers represented Elizabeth Warren and Pete Buttigieg’s campaign staff, the United Food & Commercial Workers Union represented Bernie Sanders’s staff, and the Teamsters represented Joe Biden’s. The Biden campaign contract, ratified in early May, includes overtime pay, 100 percent employer-paid health insurance, a six-day workweek, and a union grievance procedure.

The campaigns the Campaign Workers Guild have represented have only gotten voluntary recognition, and Reilly says the pressure is particularly intense on candidates to recognize their workers’ union, because the timelines are so short and the threat of being labeled a union-buster can be such a political nightmare for a Democratic politician. (The Campaign Workers Guild is nonpartisan but has not represented any Republican campaigns to date.)

While that pressure has been helpful, Reilly acknowledges the short timeline can sometimes serve as an obstacle too, since many people join campaigns for what they understand upfront to be exhausting sprints. “Sometimes people resist a union because they want their candidate to win, that’s why they’re working on the race, and so anything they feel could jeopardize that goal they say is not worth it to them,” she said. “Permanent organizations are different, the pressure levers are different. They may be strapped in for a longer fight but also have more time to work and build a stronger organization.”

Nonprofit workers, unionized or not, are bracing for a turbulent time as the economic recession sinks deeper from the coronavirus. Luce, from the CUNY School of Labor and Urban Studies, said the research has been “somewhat mixed” about how unions fare during a downturn. High unemployment definitely makes it harder for workers to unionize, she said, but sometimes unionization picks up when employees are faced with particularly bad working conditions and unusually stressful expectations.

“The pandemic has certainly hit many of our members hard,” said Schu. “We have members who work in shelters, on the streets, we represent really fragile folks and the services are going to be needed now more than ever.”

One goal for nonprofit unions amid the pandemic, Blado said, is figuring out how to leverage their positions to raise standards for essential workers who might be cleaning their offices, guarding security for their buildings, or simply not able to work remotely.

“Several of our units have bargained with management over ensuring there’s PPE and hazard pay,” said Blado. “We want to figure out how our nonprofit workers who are more privileged and fortunate can support essential workers and show solidarity.” On their list-serves, she added, NPEU has been mobilizing for donations and mutual aid.

Nonprofits are already bracing for money to dry up in the coming year. Reilly of the Washington-Baltimore Newspaper Guild said for those nonprofits that rely primarily on government funding, at least budgets for this fiscal year are already locked in. Next year, he said, is when things could start getting really tough.

“We’re going to see less foundation funding, less government funds, fewer personal donations, less in fees-for-service,” said Masaoka, noting that 37 percent of funding for nonprofits comes from fees-for-service like preschool tuition. “I’ve been wondering how unions are going to fare, and it could go either way.”

The National Labor Relations Board Says Charter School Teachers Are Private Employees

Originally published in The American Prospect on September 8, 2016
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The National Labor Relations Board issued a pair of decisions in late August, which ruled that teachers at charter schools are private employees, therefore falling under the NLRB’s jurisdiction. The cases centered on two schools with teachers vying for union representation: PA Virtual Charter School, a statewide cyber charter in Pennsylvania, and Hyde Leadership Charter School, located in Brooklyn. In both cases, the NLRB concluded that the charters were “private corporation[s] whose governing board members are privately appointed and removed,” and were neither “created directly by the state” nor “administered by individuals who are responsible to public officials or the general electorate.” The NLRB determined that a charter’s relationship to the state resembled that of a government contractor, as governments provide the funding but do not originate or control the schools.

For Donna Novicki, a seventh grade science teacher at PA Virtual, the NLRB’s decision signaled that her long wait for a union had finally neared its end. Novicki and her colleagues voted to unionize in March of 2015, but her school challenged the NLRB’s jurisdiction, and the case has been under the board’s review ever since. The votes, which were impounded after PA Virtual challenged the election, were finally counted yesterday, and the teachers voted for unionization by a 57-to-15 margin.

Novicki has been teaching for 17 years, in both charters and traditional brick-and-mortar schools. This marks her 12th year at PA Virtual. “The teachers at PA Virtual are an amazingly dedicated force,” she says. “But we work longer hours, we work more days, we carry greater student case-loads, and after all that, we get paid less than our traditional counterparts. We’re hoping for a union to better meet that compromise with the end goal of greater student success.”

The NLRB’s decisions came amidst fierce ongoing debates over whether charters are truly public schools, or tools to privatize education. Unions and charter critics say charters are happy to be “public” when it affords them state and federal dollars, but claim they are private when seeking to hide from public oversight, or to opt out of rules applicable to those in the public sector. Advocates defend charters as public schools, saying they are open to all students, free to attend, and funded by taxpayers.

To understand the significance of these recent NLRB decisions, one has to go back a few years.

In 2010, charter teachers at the Chicago Mathematics & Science Academy (CMSA) filed for union representation with the Illinois Educational Labor Relations Board. CMSA responded by saying its teachers fell under the purview of the NLRB, because their school was a privately incorporated nonprofit, governed by a corporate board. While the regional NLRB director initially dismissed CSMA’s challenge, the national labor board agreed to review the case. The National Alliance of Public Charter Schools, the most prominent national charter advocacy organization, filed an amicus brief in support of CSMA’s position, arguing that “charter schools are intended to be and usually are run by corporate entities that are administered independently from the state and local governments in which they operate.”

In a 1971 Supreme Court case, NLRB v. Natural Gas Utility District of Hawkins County, the justices deemed Hawkins County a “political subdivision”—and therefore public—by looking to see if it was created directly by the state, or administered by individuals who are responsible to public officials or the general electorate. The NLRB applied this same “Hawkins test” to the CMSA charter, and concluded in 2012 that CMSA was not a political subdivision, and thus private. While advocates sometimes say that charters’ public nature is evidenced in part by their need to comply with various laws and regulations enacted by public officials, the NLRB concluded that most government contractors are “subject to exacting oversight in the form of statutes, regulations, and agreements.”

Since 2012, the landscape has remained fairly murky for charter teachers looking to organize; charter operators have challenged the jurisdiction of both public labor boards and the NLRB, depending on which their staff is petitioning for the right to unionize.

In April 2014, teachers at the Pennsylvania Cyber Charter School—a different, but similarly named virtual charter—voted for union representation. (This school has gained notoriety because its founder and former CEO was accused and finally pleaded guilty to $8 million in tax fraud.) While Pennsylvania Cyber challenged its staff’s attempt to unionize with the NLRB, the regional director dismissed management’s challenge, citing the 2012 CMSA case as precedent.

Two months later, though, the U.S. Supreme Court issued a ruling in National Labor Relations Board v. Noel Canning, saying that President Obama’s recess appointments of three members of the NLRB were unconstitutional. This ruling called into question hundreds of decisions the labor board had recently made, including their 2012 decision related to charter school employees.

A year later, when Novicki and her PA Virtual colleagues voted for union representation, the NLRB decided not to dismiss the employer’s challenge, as it had dismissed the Pennsylvania Cyber Charter School’s challenge in 2014. In New York City, another charter case was also being reviewed; this time the teachers had tried to unionize with New York’s public labor board, and their employer, Hyde Leadership Charter School, argued that the teachers should be covered under private labor law instead. With the board’s ruling in CMSA undercut by the Court’s decision in Noel Canning, the board was returning to the question of the status of charter schools.

“The NLRB really took its time on Hyde,” says Shaun Richman, a campaign consultant who writes on labor issues, and the director of the AFT’s charter organizing program from 2010-2015. “I think that’s because the Chicago Mathematics & Science Academy precedent was vulnerable to procedural challenges and they wanted to be very clear about how they are going to rule on most charter cases. As an organizer that clarity is helpful.”

The New York teachers union fought against classifying educators as private employees, but as organizing charter schools continues to grow as a priority, the NLRB’s recent decisions offer unions some advantages. In recent years, states with anti-union Republican legislators, like Wisconsin, have significantly weakened the power of public-sector workers to collectively bargain. Under federal labor law, as long as a Democrat remains in the White House, a teacher’s right to organize is more likely to be protected.

Richman says he loves the recent NLRB decisions because they force people to ask tough questions. “Charter schools were designed to be public but at a very fundamental level they are not public,” he says. “There are very critical errors in the way the laws are designed. They decided to make these things be nonprofit corporations, and almost all the problems with charter schools flow from that essential, unnecessary decision. You want a school with autonomy over its pedagogy and hiring? There’s no reason to make it a separate corporation.”

Going forward, challenges to charter unions are likely to be resolved faster for two reasons: There are now additional NLRB precedents, meaning there is less ambiguity as to how charter teachers should be classified. (Employers can still challenge the NLRB’s jurisdiction at any point during the election process, but there’s a greater likelihood that their claims will now be dismissed.) And in April of 2015, the NLRB adopted new rules to expedite the time it takes to hold an election, while also reducing the number of ways an employer could challenge a union effort. Teachers at both Hyde and PA Virtual had voted for union representation prior to these rules going into effect, but teachers seeking unionization in future campaigns may look forward to having an easier time of it.

What’s Behind the Recent Plague of Shootings in Baltimore?

Originally published in VICE on May 20th, 2015.
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While the national film crews have packed up and left Baltimore, losing interest in the place now that there are no more burning pharmacies and vandalized cop cars, Charm City residents are left to reckon with one of the most violent months they’ve seen in years. As the Baltimore Sun reports, homicides are up nearly 40 percent compared with this time last year, and nonfatal shootings are up 60 percent. From mid April to mid May, 31 people were killed, the Washington Post reports, with 39 more wounded by gunfire. The Sun adds that, as of late Tuesday, there had been 170 nonfatal shootings so far this year.

To put all this in perspective, the last time Baltimore saw 30 homicides in one month was in June 2007.

The spike in violence has received less attention outside of Baltimore than Freddie Gray’s death, but within the city, leaders, police, and community members are struggling to figure out what exactly is going on.

One theory floating around is that the weeks of unrest after Gray’s demise in police custody have daunted cops, leaving them unable or unwilling to control violent crime. The police union and some legal experts are upset at the criminal charges that the city’s top prosecutor, Marilyn Mosby, has leveled at six members of the Baltimore Police Department (BPD)—among them murder and manslaughter. This, coupled with a formal Justice Department investigation launched in cooperation with local officials to examine police practices, has left the BPD in a state of agitation.

Lieutenant Kenneth Butler, a longtime BPD veteran and president of the Vanguard Justice Society, a group for black officers, told the Washington Post that rank-and-file cops feel alienated, vilified, and afraid to do their job. “In 29 years, I’ve gone through some bad times, but I’ve never seen it this bad,” Butler added in comments to the Baltimore Sun, referring, in part, to officers who feel as though Mosby “will hang them out to dry.”

While beat cop reticence could be a factor, Daniel Webster, director of the Johns Hopkins Center for Gun Policy and Research, points out that homicides and shootings in West Baltimore were on the rise before the Freddie Gray unrest, though the pace has since accelerated. Webster thinks that among other things, the protests just strained the cops’ capacity.

“The police have been less active in proactive policing, less likely to engage individuals on the street,” Webster says, adding that resources were diverted to addressing the riots and in turn disrupted patrol and detective work. Leads from residents that detectives use to make arrests—though already quite difficult to come by—were further reduced during this time, he said, citing conversations with officers. Moreover, Operation Ceasefire, an anti-violence initiative begun by the city early last year, has been running without a program manager for the past several weeks. (The mayor’s office has indicated a new program manager will be hired soon.)

Webster believes another factor at play here may be that the Freddie Gray protests emboldened criminals. “We just had a huge display of lawlessness and disrespect for law and law enforcement,” he explains. “That mindset can spread easily and affect behavior.”

Dayvon Love, the co-founder of Leaders of a Beautiful Struggle (LBS), a grassroots organization that advocates for the interests of black people in Baltimore, doesn’t buy the connection between the protests and violence—one he calls an “easy deflection” of systemic issues.

“This [surge in violent crime] is a natural outgrowth of the conditions in which shooting and violence occurs,” Love says. Scapegoating the protests and the Mosby charges, Dove thinks, is particularly convenient for those unenthused with critiques of law enforcement and institutional racism. And it’s true that high rates of poverty, unemployment, and drug addiction all consistently correlate with high homicide rates. Love also argued that Baltimore’s had all kinds of violence for a long time—including sexual abuse and discriminatory housing policies—though it’s only when guns are fired that leaders start to panic.

Perhaps a simpler explanation for the increase in shootings is just that it’s getting hotter outside. Baltimore Bloc, another local grassroots organization, say that they don’t think the protests had anything to do with the recent violence, and that in their experience, violence always surges in the city as summer approaches. Lester Spence, a Johns Hopkins political scientist, agrees that homicides usually rise and fall significantly with the seasons, with the fewest occurring during the winter. “It’s no coincidence that homicides are spiking right now when the weather is getting warmer,” Spence says.

The violence that occurs when competing gangs fight over turf to operate their drug operations also generally escalates in the warmer weather. “People are suggesting that the spike we’ve witnessed over the past few weeks represents something new, but summer is just starting,” Spence adds. “It might be a blip or it might continue. We don’t know what’s going to happen.”

Baltimore PD Spokeswoman Sarah Connolly told VICE in an email, “We are investigating each incident as a singular incident while examining any trends and patterns to ensure that we are deploying our officers and resources effectively while being proactive and engaging the community. While we have developed investigative leads in a number of cases, we continue to ask the community’s assistance in calling with any information they may have.”

Meanwhile, some Baltimore community groups are taking the opportunity to organize anti-violence demonstrations. Coinciding with the 90th birthday of Malcolm X, the NAACP held a “Stop the Violence ‘By Any Means Necessary'” rally Tuesday night at their office in the Sandtown neighborhood. Another group committed to decreasing gun violence in Baltimore, the 300 Men March, is holding an “Occupy Our Corners” anti-violence rally on Thursday evening to honor the recent homicide victims.

“We the PEOPLE, are not blaming anyone but ourselves for failing to create a safe environment within our city,” their rally flyer reads. “Recognizing this, WE STAND, as a community of all people, regardless of RACE, RELIGION, SEX, CULTURE OR BACKGROUND.” According to the Sun, Munir Bahar, one of the group’s founders, is calling for 30 men in ten Baltimore neighborhoods to become block leaders in the fight against crime.

Love doesn’t expect the organizing work that LBS, Baltimore Bloc, and other grassroots groups are doing will change much in light of the increased violence. “Because doing that,” Love explains, “would take away from the larger objective, which is ultimately about systemic change.”