Jane McAlevey excerpts from her new book of her decade as an organizer struggling against both corporations doing terrible things and the strategies of the labor leaders themselves. McAlevey talks of organizing against a decertification election at a for-profit hospital chain in Las Vegas. Pretty evil company in a horrible industry. But even more interesting to me was her discussion of labor law and how SEIU and other unions stuck to the letter of the law in campaigns but had a much more expansive view of the law when attacking each other:
Luck further had it that Morgan’s father was a private investigator, and she asked him to do some PI-level background research on both Yessin and Salgado. The dirt he turned up on Salgado was a mother lode. Jose had been convicted of running guns. Lots of guns, the sort that could arm a drug gang. We could never have made up something like this guy’s arrest record. So that was the sort of operation Brent Yessin ran, infiltrating unions with convicted gunrunners. Here were all our fresh-out-of-college idealistic twentysomething organizers, plus nurses themselves who had become our organizers, illegally banned from a hospital where they admitted a convicted gunrunner, who had clearly been brought in to scare the workers. Blowing this jerk out of the water was going to be a pleasure.
We called the national communications team in DC to get advice on how best to break this news. My mistake: I forgot this would trigger a review by the SEIU legal department, which told us that we couldn’t use the information because we couldn’t say where we had obtained it. I was mentally kicking myself: I should have known better than to call D.C. Now that they had discussed it with me, I would be directly disobeying legal counsel if I broke the story. I could have acted first and talked to our lawyers second. I already had a reputation among them for this sort of thing, and I readily admit it was well founded. Lawyers, not surprisingly, get very caught up in the law. But the laws regulating unions in the country are pathetic, and the amount of attention that unions pay to them is one reason (among many) that the labor movement in this country is dying. It was legalized to death.
Don’t get me wrong here. The SEIU does have some excellent lawyers who are devoted to the labor movement. If some day I actually wind up in legal trouble I would be delighted to have a lawyer as good as them. The problem is that lawyers wake up each day and think about how labor leaders can get their work done inside a legal framework that is deadly to unions. I woke up every day and thought about how to disrupt that system. I respected and appreciated them—I just didn’t listen to them as often as they wanted.
Knowing when to listen to lawyers and when to ignore them is a key for an organizer. My own rule of thumb is this: If something I want to do might get me in trouble, I do it; if it might get the workers or staff in trouble, I don’t. Really good labor lawyers help people like me with militant impulses understand when to cut the crap. The very best also know that sometimes, ignoring them is part of the organizer’s job. When an action needs to be taken right away or the union will lose, you take it and resolve the legal issue later. We were fighting a decertification effort with enormous stakes. If we lost, UHS could kick the legs out from under a plan that had taken thousands of hours to assemble. If we won, we could create unprecedented standards for workers and patients in a right-to-work state, and a presidential swing state to boot. What drives me absolutely crazy is how so often over the recent history of the movement, labor leaders have followed the letter of the law when confronting the boss while throwing the book out the window when confronting each other.
Whole thing is very much worth a read.