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Six Little Words

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Posted on Jul 24, 2008

By David Sirota

History books teem with six-word phrases, from the comforting ("Nothing to fear but fear itself") to the inspiring ("Mr. Gorbachev, tear down this wall") to the embarrassing ("Read my lips, no new taxes"). But the six words “on the basis of union membership” could be more momentous than any of those. Though hardly Roosevelt’s rhetoric, Reagan’s bluster or Bush’s clumsiness, the phrase could solve America’s wage crisis.

Of course, when Tom Geoghegan told me this in a Chicago park two weeks ago, I almost snarfed my coffee through my nose. Solving major social problems typically demands more than six words. But as the longtime labor lawyer and author explained his idea to me on a muggy afternoon, it started making sense.

Geoghegan reminded me that data show the more union members in an economy, the better workers’ pay. The problem, he said, is that weakened labor laws are allowing companies to bully and fire union-sympathetic workers, thus driving down union membership and wages.

Enter Geoghegan’s six words. If the Civil Rights Act was amended to prevent discrimination “on the basis of union membership,” it would curtail corporations’ anti-labor assault by making the right to join a union an official civil right.

“Hang on,” I interrupted. “Joining a union isn’t a civil right?”

Correct.

Under current law, if you are fired for union activity, you can only take your grievance to the National Labor Relations Board (NLRB)—a byzantine agency deliberately made more Kafkaesque by right-wing appointees and budget cuts. Today, the NLRB takes years to rule on labor law violations, often granting victims only their back pay—a tiny cost of doing business.

Union leaders are now focused on reforming the NLRB—an admirable goal—but Geoghegan’s plan implies that workers are harmed by being legally leashed to Washington in the first place. His proposal says rather than being forced to rely on an unreliable bureaucracy for protection, workers should be empowered to defend themselves.

The six words would do just that. Regardless of whether the NLRB is strengthened or further weakened, persecuted workers would be able to haul union-busting thugs into court. There—unlike at the NLRB—plaintiffs can subpoena company records and win costly punitive damages.

Bolstering his argument, Geoghegan told me to consider variations in corporate behavior.

For example, because the Civil Rights Act bars racial discrimination, businesses are motivated to try to prevent bigotry: They want to avoid being sued. This is why no company brags about being racist.

But when it comes to unions, there is no such deterrent. The lack of civil rights protection effectively encourages businesses to punish pro-union employees—and publicize the abuse to intimidate their work force. By making the six words law, the dynamic would shift. Companies would have a reason—fear of litigation—to respect workers’ rights.

When Geoghegan and I finished chatting, I remembered why I believe he is America’s most talented writer and thinker on labor issues. His relative anonymity is a tragicomic commentary on the media and the American Left. The Milton Friedmans are celebrated by pundits and cast in bronze by conservative think tanks, while the Geoghegans are dismissed by the chattering class and ignored by a progressive movement that regularly venerates Hollywood celebrities as its heroes.

Perhaps, though, this proposal will change things. In developing a way to shift incentives, Geoghegan has discovered a solution that both unionists and economists can love. It cribs the best from liberals’ pro-union sympathies and conservatives’ distrust of Big Government, and should make him famous (or at least a Cabinet secretary). After all, anyone who can bring such disparate ideologies and adversaries together is worthy of serious consideration—as is his six-word stroke of genius.

David Sirota is a best-selling author whose newest book, “The Uprising,” was released in June. He is a fellow at the Campaign for America’s Future and a board member of the Progressive States Network, both nonpartisan organizations. His blog is at www.credoaction.com/sirota.

© 2008 Creators Syndicate Inc.

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By cyrena, July 27 at 1:53 pm #

David,

I actually am ACUTELY aware of the judicial deterrent, and how it is INTENDED to work. The whole point of a judicial process is to reveal the truth. Latin: Trial=Truth. So of course the discovery is exactly what the corps don’t want. I’ve experienced that in a most painful real life way.

However, unless I’ve totally missed your reasoning, I don’t see how your six little words, or that appended language to Civil Rights Legislation, provides any guarantee that discovery will ever happen. That is particularly the case in states where ‘right to work’ laws exist, and even more so the case in the Oligarchy structure that currently exists as our form of government. When the State and the Corporations are one and the same, the practice doesn’t follow the theory.

That said, I DO get your point, but it’s based on the premise that the Civil Rights legislation that so many people died for, *does* indeed promise and guarantee the intended results. In reality, it simply does not, for the same reasons that I’ve already stated. The corps can and generally DO find some other ostensible reason for the dismissal of a worker, that clearly avoids the underlying reasons, and even discovery doesn’t always bear out those underlying objectives.

That said, I also enjoy and appreciate your work.

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By Dr. Knowitall, PhD, PhD, July 27 at 1:15 pm #

reply to purplegirl:

You have strong feelings about unions.  I began my association with unions in the ‘60s as a member of the AFT, an arm of the AFL/CIO.  For more than 30 years after that, I belonged to Nat. Associations, unions by another name but without affiliation with the AFL. 

My total experience was that the unions had little or no effect on my earnings, very little on my working conditions and little else.  In fact, teachers, as a group are doing worse financially then ever before, if you factor in added requirements made on them by towns and states and the Feds to be and remain certified, NCLB’s required highly qualified status being among the most recent.

It soon became clear to me, since you had the choice to be a member and pay the dues or not be a member and pay an agency fee equal to the dues that the main concern of the union brass was to be employed by the union bureaucracy and to fatten its coffers.  Granted, being a public employee and a union member was conflicting to begin with.  School board hands were always tied by town finance committees and slight gains that were made were generally re: working conditions, not compensation. 

As the economy worsens, the likelihood that teacher unions will ever benefit their membership is quite slight, but dues will continue to increase almost annually.

My guess is that your husband has a similar story.  To me, union membership is little more than a shakedown of member’s for their money.  The mechanism has been in place for decades and even though unions have lost their effectiveness, the shrewd people have found managing one to be, in a lot of ways, a great occupation.

Kind of like being in congress or the white house.

Maybe there are union experiences out there that are beneficial.  I don’t know about them.  Nor do I know why Sirota pushes to make union membership a civil right.  If all workers joined unions, it would make unions even wealthier and workers, if my experience is normal, poorer.

Best wishes to you and your husband.  It can’t be easy for you in MI the way things are going here.

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By Purple Girl, July 27 at 6:05 am #

Born & Raise in MI and married to a Union Carpenter (which holds no security or guarantees of continued employment). The assasination of the average worker was not only th ehandy work of the Corps, but to their hencemen and co conspirators who claim to be union leaders.
The Same ‘Good Ol’ Boys’ with their ‘Rich get Richer’ doctrine have Betrayed not only the Workers But this Country.Many were more thatn willing to back down so they too would profit from the ‘Trickle Down ‘ Economic Policies started by the Union Buster Reagan Administration. And the So Calle dunion leaders have been working hand & hand with the greed machine of the Corps top brass ever since.Not to mention the ‘Public Servants’ who have paved the way through tax evasion loopsholes, helping the Wealthy White Collars and psuedo Blue collar leadership.Why is Mi the Buckle of the Rust Belt- becuse CEO’s asked for it, Politicians legalized it and Union leaders handed them the tools to screw the Rank & File out of their jobs.
All these Criminals should be prosecuted for TREASON!
it is time that Politicians who have Proven their Allegience to this undermining of America Be exposed. Decades in DC means complicity- regardless of what color you camoflague yourself in....Sen Levin.Corporationism and Greed over Patriotism are Not exclusively Republican doctrines, Stratedgies, or High Crimes.

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By Dr. Knowitall, PhD, PhD, July 26 at 4:10 pm #

As Michael Zweig suggests, it will take corps. being socially responsible to arrive at some kind of balance in the management/worker relationship.  I think this can’t happen because of the importance of the profit motive in the equation.  Boards of Dir. and stockholders will win out every time. 

Every union worker knows, since The Great Ronald Reagan, that there are scabs waiting in the wings, or worse, hungry people overseas who’d love to have their job and a corp. that can’t wait for a reason to outsource it.  This country is anti worker and anti small business and making it a civil right to belong to a union won’t help anyone but union brass and their coffers.  In some respects, unions are as bad as the government in exploiting their members, which in part is why they’re struggling.

What good does it do to belong to unions if the courts, for example, allow corps to cut bennies and pensions in their “reorganizing,” which often means selling out to an equity co. which will ultimately dismantle what’s left, leaving the worker high and dry? 

Better to teach the millions of workers in this country how to call, en mass, a general strike when their government betrays them and to stop spending and paying taxes until the government straightens up.  This will happen someday, when things get bad enough, and if the government doesn’t take corrective action.

The six little words, IMHO, are about 30-40 years late, when they might have had a chance to do some real good.

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By KISS, July 26 at 8:20 am #

As an Ex-Union member I can unequivocally say that the failure of unions is also two-fold. One is that the workers seldom go to union meetings even with raffles being used to gain attendance. Secondly is the corruption from business managers that water at the elite watering holes and only at strike meetings will they swill beer with the minions of labor.
Look at how many people voted for the Right To Work laws. The Southern states have always resented unions and look at the coal mine owners for the beginning of anti-unionism. The car manufactures of the 20’s and 30’s used machine guns to quell unions...now corporate lawyers do the same thing aided by graft politicians. The repugs aren’t alone plenty of corporate owned dimmos doing their bidding.

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By jobart, July 25 at 2:50 pm #
(Unregistered commenter)

The “effect”, in this scenario, is very simple to understand. It can be easily be found in the ever-changing “condition” of the American “worker”. I will never accept a label of “provider” (from the elite) to anyone, except my own and mine. I have “no obligation” to those that continue to hold onto control, except to “do my damnest” to wrest that control, of me and mine, from them. Unions did not “grow” from worker greed.  They grew as an instrument to “put in-check” those (haves) that should not be in control of the labor/productivity of American citizens/workers (the have-nots). In other words, the Labor Movement was caused by the abuses of the “ruling elite”. I ask you, how/why have things changed?  Their abuse(s) were held in check by a “collective” rejection of their wants before.
Outsourcing jobs has been, somewhat “efective” as a their response to those American needs/goals.  We, Americans, must “strongly” object to this movement. But, this objection can ONLY be accomplished with all of our support/votes. If we hope to “stem the tide” and “return” to our society the jobs that maintain our economy (as a whole)and our lives (as the personal side of the issues). We must “voice” our opinions and work, very hard, to ensure that our country wethers this storm of fascism and return it to it’s roots. We ARE the “Bastion” of Freedom and Democracy and we MUST return to that lofty title.

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By Xntrk, July 25 at 12:58 pm #
(Unregistered commenter)

Cyrena is ignoring the fact that Union Membership is not dependent on being a worker at a company with a Union Contract. Many organizers are Union Members and proud of it. I am a proud member of the USW - I am not employed in that industry.

The other thing that is being ignored is that for many of us belonging to a Union is the equivalent of belonging to a Church. My beliefs about the rights of workers are far stronger then any belief I have in “Pie in The Sky” which is where many seem to think they will receive their reward for being good little company robots.

Civil Rights for Blacks and Gays and Women and other so-called ‘Minority Groups and Special Interests’ are recognized by the Federal Government. Why shouldn’t the MAJORITY of Americans who work for a living have the same recognition?

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By chuckwagonchuckie, July 25 at 10:48 am #
(Unregistered commenter)

Interesting comment.The general attitude of MANAGEMENT toward labor in all areas of business,GOVERNMENT and the Military centers on the same principle,superiority of one class over another.Labor has always been given a screw job by MANAGERS so what is new. Government policy(LAWS)governing commerce and trade is written by educated individuals protecting Corporate institutions interests and well-being rather than labor. Labor, be it white collar or blue collar, needs representation that will not sell out their interests to corporations and their sold out government representatives.

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By dleet, July 25 at 9:24 am #
(Unregistered commenter)

‘Union Membership’ would be the two words challenged, all the way to SCOTUS. Any organizers fired are not members--yet.

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By SusanSunflower, July 25 at 8:37 am #

The stigma of being a “worker” and/or “working class” much less needing the assistance/support of a union appears to run deep, even though employees by my observation are forced out of jobs all the time by what amounts to “adverse working conditions” (frequently given the option to quit first—how generous—to not spoil their resume and make it “voluntary").

Love your work David!

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By skulz fontaine, July 25 at 6:39 am #

Six little words- impeach George Bush AND Dick Cheney!

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By proletariatprincess, July 25 at 5:32 am #
(Unregistered commenter)

I have always held that the decline of the Labor Movement in the US is the single worse thing that has happened to this country in the last century.
It isnt just about about workers rights on the job, or even the value of labor(which is the true mission of the labor movement), but also about how the policies and laws that effect our lives and the quality of life for all americans.
Workers, and that is nearly all of us, have no say in our government.  Policies that damage our republic and take away our rights and that fail to meet our most basic needs like health care and education, are directly related to the lack of a real voice and movement against the corpocracy that has a strangle hold on the nation.
Foreign adventures and wars for profit would be effectively resisted by a truely democratic International Labor movement that represented the will and the interests of the working people of the world. 
Corporations have been allowed to control every aspect or our lives and that of our government with no real resistance.  The repression of the rights of workers to form and join unions has effectively ended any effective resistance from the left in the USA. 
Ominously, the repression of labor rights here also causes the repression of civil and labor rights in other countries.
The Labor Movement is international...so is the resistance to it.  Without the balance of a strong democratic labor movement, preditory capitalism is destroying us and the earth.
No other single thing has the potential to save this republic or the world than the rise of the power of the Labor Movement. We are seeing now the sad result of its continuing demise.
Georghegan’s idea of making union membership a civil right is brilliant.  It will, of course, be a bitter struggle to achive, but it could lead to a new and better world in the long run.

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By David Sirota, July 25 at 4:58 am #
(Unregistered commenter)

Cyrena - your comment displays a fundamental lack of understanding of judicial deterrent. Corporations aren’t worried about losing their case - they are worried about facing a civil litigant that can engage in discovery (ie. subpoenaing company documents). Ask any corporate legal department what they fear most, and its discovery. The six words allows that discovery - whereas the NLRB doesn’t.

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By cyrena, July 25 at 12:35 am #

Not to be a kill-joy or anything..

BUT, the craftiest among the corporations (and the minions who do their bidding) are always careful enough to create some OTHER reason besides ‘union activity’ to fire the union activist. It’s the same way with ANY discrimination.

And, they aren’t all that worried about being sued either, especially when they control the judicial system in their areas as well. I have a lengthy list of lawsuits against corporations for labor discrimination at every level. 97.3 of them LOSE against the corporation.

Since 2000, they don’t stand a chance, unless they luck up on a lone wolf judge, and they don’t stay around long either. We’ve already seen what happened to all of those US State Attorney prosecutors would wouldn’t go with the criminal agenda.

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