Author Archives: Joe Doc

Are unions necessary? Short answer: Yes.

By Michael Hiltzik

– The question is posed by an exchange launched by Evan Soltas at Bloomberg View, and answered by Michael Wasser of the workers rights organization Jobs for Justice. Soltas has defended himself against Wasser’s response, so this could go on for a while.

The discussion was inspired by the recent defeat of a United Auto Workers drive at the Chattanooga, Tenn., plant of Volkswagen, which we discuss here. The case has inspired lots of commentary about the long-term decline of industrial unions in the U.S. and the role of that trend in the increasing of income inequality. The two trends coincide, so there really is no question that the decline of workers’ voice and worker rights resulting from the decline of unions has played an important role in the rising power of the shareholding and managerial class.

One hates to say of a writer as fluent as Soltas that his analysis lacks the depth that would come from experience, but Wasser is certainly correct in arguing that Soltas’ argument that the U.S. is better off without unions and “unions can’t be saved” reflects the limitations of textbook-learning. A few specific issues:

To think that federal labor law has had “little to do” with union decline, as Soltas puts it, is hopelessly naive. He’s misled by the fact that union membership has fallen even though we have laws guaranteeing the right to collective bargaining, and by the failure to recognize how inadequately those laws are enforced.

“Soltas doesn’t even consider the ramifications of broken labor law,” Wasser observes, and he’s right. “Without any real penalties to fear, employers have an economic incentive to violate federal labor law. Research shows that indeed they regularly do, using a variety of often unlawful tactics to coerce and intimidate workers during union organizing campaigns.”

When the employers don’t do so, political representatives of the capital-holding class will, as was seen in Chattanooga, where politicians used the threat of the withdrawal of government subsidies, and the impact that would have on the workforce, as a weapon against the union.

Over the years, employers have developed an exquisite arsenal against union organizing. For a succinct description of how the war is waged, Soltas needs to examine “Confessions of a Union Buster,” the heartfelt memoir Martin Jay Levitt published in 1993.

“I come from a very dirty business,” Levitt told a carpenters union audience (after his conversion). As he described it, “the enemy was the collective spirit. I got hold of that spirit while it was still a seedling; I poisoned it, choked it, bludgeoned it if I had to, anything to be sure it would never blossom into a united work force, the dreaded foe of any corporate tyrant.”

One simply can’t explain the decline of union representation without acknowledging the role of employer opposition and its empowerment by government policy, as outlined in this 2009 report from the Economic Policy Institute. The government role includes not merely the behavior of the Tennessee GOP, but “right to work” laws, and the enfeeblement of the National Labor Relations Board and its intimidation by members of Congress.

It’s also important to understand two additional factors that make union organizing difficult, and which can’t be absorbed from college textbooks or academic papers: fear and complacency. Fear reigns during periods of slack employment and job growth, when workers perceive that the surfeit of replacement labor makes it costless for employers to sack them for any reason at all, including labor organizing. Lax enforcement of labor law plays into this in a big way.

Complacency reigns during periods of tight labor supply and prosperity, when the workforce figures, why siphon off part of my paycheck in union dues, since I’m already well-paid and reasonably secure? To a certain extent this was a factor in Chattanooga, where workers considered themselves well-paid and well-treated, and therefore couldn’t fully comprehend what more union membership would get them.

Fear has been the dominant factor over the last decade or so of economic underperformance, but they’re both obstacles to union growth.

Yet we must ask why employers would so assiduously fight unions if not for fear of their effectiveness? Soltas’ take on the union’s role in the workplace is by far the most naive element of his original piece. He cites a judgment by two academic economists that unions balance power between employers and workers, and that this role is important but not entirely positive. “They’re right,” he concludes. Although union power “helps union members, it’s inefficient and bad for the economy as a whole, and it’s especially bad for nonunion workers.”

Soltas cites no authority for these statements. That’s unsurprising because they’re nonsensical. The only vantage point from which union power can be seen as inefficient and bad for the economy is that of rent-seeking management, which is far more inefficient and bad for the economy–that’s exactly what has led to income inequality and the stagnation of economic growth that is its consequence. As Brad DeLong of UC Berkeley wrote recently, “Tell me, if you can do so with a straight face, that any aspect of the large upward leap in inequality we have experienced has paid any benefits at all in terms of true … human material welfare-enhancing economic growth. I don’t think you can.”

As for the benefits unions have brought to nonunion workers, they’re legion: progressive workplace laws including safety and child labor regulations, overall higher wages, retirement and healthcare benefits. The decline of all these features of the American workplace has coincided exactly with the decline of unions. That should tell you something.

Soltas argues that the answer to the decline of unions is to “stop businesses from abusing labor laws by classifying their employees as independent contractors.” We should institute “monetary and fiscal policies aimed at full employment,” he says.

Where does he think the impetus for these advances will come from, if not the labor movement? He may not have noticed, but Congress today is in the grip of the employer class. They’re not agitating for tighter enforcement of labor laws, and they’re not speaking up for full employment, either–that just means they’d have to pay higher wages, and who needs that?

Source: http://www.latimes.com/business/hiltzik/la-fi-mh-are-unions-20140227,0,4832449.story#ixzz2ugzSTQxm

Editorial From The Rank & File: ‘Paycheck’ Bill Is Union-Busting Law

By Bill Jones

– I’ve been a corrections officer at Lancaster County Prison for 24 years.

I’ve been attacked by inmates. I’ve had urine and feces thrown at me by inmates. I have to be tested for HIV regularly. Every day I’m exposed to hepatitis, MRSA and other diseases. I’ve had to break up fights and confiscate homemade weapons. I’m the guy that keeps these violent offenders away from you and your kids. And I’m the guy so-called “paycheck protection” bills HB 1507 and SB 1304 are attacking.

Membership and political deductions are voluntary and negotiated. We were not able to negotiate political contributions at my job. So, I write out a check or come up with the cash because I want elected officials to have my back and make sure my high-risk job is as safe as possible. And I want my community to be as safe as possible.

Union members are proud public service workers. We take care of your elderly parents. We take care of your children while you’re at work. We plow your roads in sub-zero weather. We keep violent criminals off the street. For many of us, when our families watch us go to work, they can’t be sure if we will come home.

My union is an advocate for my rights and protection at work. Collective bargaining helps workers and employers find safe and cost-effective solutions. This legislation would place unnecessary hardships on my union and silence our political voice. It’s time to call this what it really is: union-busting.

Bill Jones

Corrections Officer
Lancaster, Pa.

Source: http://lancasteronline.com/opinion/letters_to_editor/paycheck-bill-is-union-busting-law/article_174e38fc-9f36-11e3-babf-001a4bcf6878.html?mode=jqm

UPDATE – AFSCME District Council 33 announces time and location for contract negotiations with the City of Philadelphia.

AFSCME District Council 33, today announced that contract negotiations between the Union and the City of Philadelphia are set to resume on Friday February 28, 2014 at 2:00 pm at the Philadelphia Sheraton on 17th Street and Race Street and may continue, around the clock if necessary, until a fair contract settlement is reached.

 

 

Coming This Week To Cable TV: The Truth About Right-To-Work

By The PA. AFL-CIO

– Over 100 union members and community allies joined President Rick Bloomingdale for a taped forum that set the record straight on the paycheck deception bills moving in the state Legislature.

In the forum, moderated by Secretary-Treasurer Frank Snyder, President Bloomingdale pushed back on recent falsehoods being spread by supporters of the bill, including the rightwing, corporate-funded Commonwealth Foundation. “First off, this bill will not save the Commonwealth any money. It doesn’t cost anything to do dues deduction.”

“Second, this is a personal decision. People already make choices about what they want to have deducted from their paycheck, including credit union deductions, insurance premiums. Dues are part of that.”

With a competitive governor’s race in the fall, President Bloomingdale said, “this bill is really about punishing unions who have been very supportive of pro-worker candidates.”

He also remarked on the incredible response of union members across the state to the paycheck deception bills filed in the state Legislature, noting that thousands had traveled to the Capitol to protest outside on the coldest day of the year. “I could not have been more happy with the powerful reaction of our members to this attack on workers’ rights.”

Jerry Oleksiak, Vice President of PSEA and a former educator who has spent 32 years in the classroom, urged union members to stay engaged and vigilant. “This fight has brought us together in ways that we could not imagine,” he said. “We need a voice to say no when we have to and to work together when we can. Since Corbett has come to Harrisburg he has cut over a billion dollars from the education budget. Imagine how much worse it would be without the collective voice of workers!”

Public workers from the Harrisburg area testified that HB 1507 and other anti-labor bills would have a direct impact on the services they provide.

Bill Jones, a 24-year correctional officer at the Lancaster County Prison, testified that paycheck deception would weaken critical protections for him at work. “I work in a dangerous job. I’ve been threatened, had to confiscate homemade weapons, and I’ve been tested for HIV. Collective bargaining helps me do my job and protect Pennsylvanians. When correctional officers’ jobs are safe, our communities are safe.”

Scarlett Moyer, an employee at the Department of Public Welfare and 22-year veteran of the human services field, said that she opposed paycheck deception because “collective bargaining has allowed us to protect quality care at our state’s nursing homes.”

Participants also highlighted the impact that paycheck deception would have on local communities. President Bloomingdale noted that elimination of automatic dues deduction would cost regional charities around $3 million in contributions. Homer Floyd of the NAACP Pennsylvania State Conference also highlighted labor’s crucial role in the civil rights movement and their “long history of advocacy against discrimination.”

The segment will air on Pennsylvania Cable Network later this week – stay tuned for more information on when you can view it.

Source: http://www.paaflcio.org/?p=3564&utm_source=twitterfeed&utm_medium=facebook

MAYOR NUTTER AND DISTRICT COUNCIL 47 REACH CONTRACT AGREEMENT

Tuesday, February 25, 2014                               FOR IMMEDIATE RELEASE

MAYOR NUTTER AND DISTRICT COUNCIL 47  REACH CONTRACT AGREEMENT

– Philadelphia, February 25, 2014 – Mayor Michael A. Nutter and District Council Union 47 signed an eight-year contract.  Mayor Nutter’s prepared remarks and a brief summary of contract terms are as follows.  Please check against delivery:

“I’m very pleased to announce that our Administration’s labor team a short time ago came to an agreement with representatives from AFSCME District Council 47 on an 8-year contract that provides critically important reforms in the areas of pensions, healthcare and work rules, while providing pay raises for thousands of members of this union.

This agreement has been a long time in coming, and not for a moment would I suggest that it’s been an easy process. It has not.

Since 2009, I have consistently said that I want pay increases for our hard-working city employees, but I also said that any contract must balance the needs of employees and other taxpayers.

Now, every day in this City, city employees and the Administration work together to provide high-quality services to the people who live in, work and visit Philadelphia.

And the Administration works with union officials on hundreds of issues every day. We work in partnership, just as the City works in partnership with the business community and the non-profit sector to advance the health and prosperity of this great City.

What we’ve achieved today in partnership is significant and historic. And it’s proof that when people who are committed to our city’s future sit down for an honest exchange, we can achieve anything.

This contract provides the kind of short-term and long-term savings that will help this City progress toward a sustainable financial future, while at the same time providing much anticipated raises.

Before I get into the reform elements in this agreement, let me note that the term of this contract runs from July 1, 2009 through June 30, 2017.

There are no retroactive pay increases, and the overall Five Year Plan cost of the agreement  is an estimated $122 million, which presents a substantial challenge for our budget but one that we believe is warranted on behalf of our employees and taxpayers.

Turning to the reform issues: with the Pension Fund only 48 percent funded and the City’s annual payments to the Pension Fund consuming more than 16 percent of our budget, the need for reform has been obvious for many years.

The new pension provisions in this agreement with DC47, coupled with earlier agreements with police, fire and other unions, put us on course to strengthen our Pension Fund, something that all city employees and taxpayers should applaud.

Specifically, by Jan. 1, 2016, current employees will pay 1 percent more of their pay toward their pensions.

New employees can choose Plan 10 – our hybrid plan that has both a traditional defined benefit pension and a 401(k)-style element – or they can remain in the current pension plan and pay 1 percent more than current employees toward their pensions.

By Jan. 1, 2016, new employee contributions for employees who choose the current plan over Plan 10 will rise an additional 1 percent to 2 percent of pay for a total of about 4 percent of pay.

It’s also worth noting that this two percentage point increase by new employees is relatively close to our actuarial consultant’s estimate that Plan 10 will save an estimated 2.5 percent of pay.

Overtime has been an on-going concern of the Administration.  Under the agreement, starting in 2015, sick time will no longer be counted as hours worked when determining when overtime is due on a weekly basis. In addition to savings in overtime costs, we hope this provision will begin to change behavior among the small segment of employees who may be misusing sick leave.

So, for example, take an employee who calls out sick on a Monday and then works a Saturday – any of those Saturday hours will not be paid at time-and-a-half unless the employee actually worked more than 40 hours that week.

On Health care, DC47’s health fund would move to a self-funding arrangement starting in January 2015. It would be similar to what is in place for the police. DC47 would manage the plan and use an aggressive wellness program with monetary incentives to help employees and their families stay healthier and control costs.

The City will only pay the cost of benefits and administration as compared to the current system that sets projected costs via a per member per month payment system.

The current system will remain in effect through 2014 with the PMPM payment rising to $1,100 from $975. The City will also make a one-time lump sum payment to the DC47 health fund of $5 million.

By way of comparison, DC47 employees will be contributing at least 9 percent of the total cost of their health benefits, which is in line with the arrangement now in place for employees in the City-administered plan.

Finally, the issue of furloughs: for many years the City has had the contractual right to lay off employees when economic circumstances warrant, either temporarily or permanently.

But we have faced practical barriers to using layoffs on a temporary basis.

This agreement commits the union and the Administration to work at removing those barriers by changing how layoff scores are calculated and clarifying that if an employee, enrolled in DROP, has a short-term layoff, they are not permanently separated as is now the case.

The Union has agreed to support changes in the civil service regulations to accommodate the layoff scoring issue and changes in the pension ordinance to protect employees in DROP from facing permanent separation when the City’s intention is only a temporary layoff.

With these critical issues in place, the City is pleased to support wage increases of 9 percent over the term of this contract.

We start with a $2,000 bonus in recognition of the time that employees received no wage increases, and an across the board 3.5 percent wage increase, both payable after ratification. And going forward, employees will prospectively receive step and longevity increases, frozen since July 2009.

On July 1, 2015, employees will receive a 2.5 percent wage increase, followed on July 1, 2016, with a 3 percent wage increase.”

Contract Terms Summary

TERM:           July 1, 2009 – June 30, 2017

WAGES:

Ratification bonus of $2,000 per person

Effective 30 days after ratification, there shall be an across the board wage increase of 3.5%

Effective July 1, 2015, there shall be an across the board wage increase of 2.5%

Effective July 1, 2016, there shall be an across the board wage increase of 3%

PENSION:

Effective January 1, 2015, employee pension contributions increase by .5% of pay.

Effective January 1, 2016, employee pension contributions increase by an additional .5% of pay.

New hires either go into Plan 10 or pay an additional 1% of pay, which will go up as the contributions for current employees do up to an additional 2% of pay as of January 1, 2016.

Current employees have 90 days to elect to move into Plan 10.

OVERTIME:

Effective July 1, 2014, the overtime rate for all employees who are entitled to cash overtime will be based on their EP pay range and step.

Effective January 1, 2015, sick time will not be counted as hours worked for purposes of determining when overtime is due on a weekly basis.

HEALTH & WELFARE:

Through December 31, 2014, the City’s contribution to the health fund will be $1,100 per member per month.  In addition, the City will make a one-time lump sum payment to the health fund of $5 million.

Effective January 1, 2015, the health fund will move to a self-insured arrangement and the City will pay only the cost of benefits and administration.

Effective January 1, 2015, the employee contributions will be set at no less than 9% of projected total cost.

The health fund will continue to maintain an aggressive wellness program, including financial incentives.

LAYOFF/FURLOUGHS:  In lieu of creating a separate mechanism for furloughs or temporary layoffs, the Union agrees to support the change to civil service regulations to allow the City to streamline the layoff process through a change in calculation of the layoff score and to change the pension ordinance to provide that a layoff of fewer than 15 consecutive days will not be considered a separation for purposes of the DROP to prevent employees who are in the DROP from experiencing a permanent separation as a result of a temporary layoff.

CONTRACTING OUT:  The parties agree to a pilot program to evaluate the use of contract pharmacists in the Department of Public Health.

WORKPLACE VIOLENCE PROGRAM:  The City will contribute $50,000 to the AFSCME DC 47 Health and Welfare Fund for FY2014 through FY2017 to continue the Workplace Violence Prevention Program.

GRANT-FUNDED POSITIONS:  The parties will continue the 2008 pilot program regarding grant-funded positions in the Health Department.

Source: http://cityofphiladelphia.wordpress.com/2014/02/25/mayor-nutter-and-district-council-47-reach-contract-agreement/