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Tag: "labor"

Court Commentary Roundup

[ 23 ] July 1, 2014 |

Few pieces that you should be reading about yesterday’s terrible Supreme Court decisions.

First, Sarah Jaffe on how the two cases are interlocking:

We’ve long known that low-wage workers have very few rights on the job, that their bosses are able to interfere in all sorts of personal decisions. In this case, it’s the particular nature of the benefit denied that is worth exploring for a moment. Eileen Boris, author with Jennifer Klein of Caring for America: Home Health Workers in the Shadow of the Welfare State, has noted that particular ideas of “intimacy and dirt” influence how we think about home healthcare workers and the work they do, which often involves exposure to bodily processes that are extraordinarily intimate. In the case of contraception, too, we see ideas of intimacy and dirt coming into play—sexuality is dirty, and intimate decisions can in part be influenced by one’s boss. By ruling, in theory, that the state cannot make an employer provide health insurance that covers birth control, or require that homecare workers pay the costs of their representation to the union, the court is in fact weighing in on the intimate relationships of thousands of workers.

Justice Elena Kagan, in her dissent to Harris, pointed out that the care provided by homecare workers is better when the workers are valued and paid better—things that have happened since they have had the right to union representation. In this way, she argues, the interests of the workers and the care recipients are not in opposition, as Alito’s opinion implies—they are actually aligned. The statement of Hobby Lobby’s CEO on raising wages indicates that Hobby Lobby, too, understands that workers do a better job when they are properly cared for. That includes, or should include, the right to make their own healthcare decisions, when it comes to contraception or anything else.

The conservatives pushing both of these cases would have you believe that these are cases about freedom—the freedom to avoid a union, the freedom to practice religion. And yet what they wind up being about is reducing power on the job for thousands of mostly women, mostly low-paid workers across the country.

Attacks on all workers’ rights often come first through attacks on those deemed less important workers. When we decide that birth control isn’t a pivotal issue because it only affects some workers, or that homecare workers’ loss is not a loss for us all, we leave the door open for the next attack.

And so, in a country where these feminized personal service jobs are increasingly the only jobs available, the court continues to rule that workers’ rights are less important than the bosses’, that protections on the job are a luxury working-class women can’t afford.

Second, Moshe Marvit on the implications of Harris.

In Harris, the majority implied that it was not the objecting employees that were the true free-riders, but rather the union. The decision focused on the fact that hourly rates were set by Illinois law and there were significant statutory restrictions over what the union could bargain over. It highlighted the fact that the union received dues for its representation, but questioned what negotiations or grievance representation the union could deliver to employees.

In effect, this analysis places unions in a bind: any reasonable observer would conclude that the union negotiated with the state to set the terms of compensation, benefits, and other terms of employment, which are then codified into law. However, because the Supreme Court has demarcated this activity to the realm of lobbying, which is beyond the strict scope of representation, it concluded that the union is in effect collecting dues for doing little. The majority has drawn an untenable distinction and then complains that the distinction is not tenable.

Toward the end of its peculiar analysis, the majority articulates a new and dangerous standard or test, which surely will open the doors to future problems. “The agency-fee [or fair share] provision cannot be sustained unless the cited benefits for personal assistants could not have been achieved if the union had been required to depend for funding on the dues paid by those personal assistants who chose to join.” In effect, the Court is requiring unions to prove a counterfactual, that the workers could not have achieved the same benefits it received from the union through any other means. The Court concludes that “no such showing has been made.” However, it is not clear how anyone could make such a showing. Justice Elena Kagan, writing for herself and three other dissenting justices, proclaimed that the good news with this case is that the majority did not overturn Abood. However, if the majority’s new test is a prerequisite for fair-share agreements, it may have done irreparable damage to the balance created by Abood.

Finally, I have a little piece at LaborOnline that summarizes the points I made here yesterday.

The SCOTUS War on Women and Workers

[ 130 ] June 30, 2014 |

While today’s pair of horrible decisions might seem like distinct issues, in fact they are both part of a larger war on women and workers.

The absurdity of the Hobby Lobby decision (only contraceptives are exempted for religious beliefs because of sluts) is obviously part of the Republican war on women, but it is also very much a war on the poor. An IUD costs about a month’s worth of wages at the minimum wage. If an executive can’t get birth control because her employer gets too hot and bothered thinking of her having sexy time, she can afford it on her own. A Hobby Lobby floor worker? Probably not. For women workers at closely held corporations, this decision will be devastating.

The Harris case is specifically about home care workers in Illinois. Who are home care workers? Women. Poor women. Lots of African-Americans, lots of Latinos, lots of undocumented workers. Home care workers are a major emphasis for SEIU right now; a close friend of mine has spent over a decade on a campaign to organize them in one city alone. Harris threatens all of this. But moreover, it shows how little Alito and the boys care about rights for women wherever they are. It’s hardly coincidental that this case comes down the same day as the contraception mandate. The Court evidently believes that the home is not a workplace, but of course it is a workplace, especially if someone is getting paid to do work. That it is women working in the home, as it has always been, just makes it easier for conservatives to devalue that work.

Of course, it’s about more than just working women and it opens the door for Alito and Roberts’ continued desire to mandate the New Gilded Age, so no doubt we will see new challenges to public sector unionism that will probably reach the Court in 2016 or maybe 2017 at the latest. I am not a legal expert, but my guess as to why Abood wasn’t overturned entirely is that there wasn’t 5 votes for it yet. Regardless, both of today’s decisions are very much about keeping working women without power both on the job and at home.

Also, when we hear in 2016 that both parties are the same because of [insert pet issue here] and therefore vote for vanity third party candidate, let us remember this day and these decisions. If you think Strip Search Sammy Alito and Ruth Bader Ginsburg are the same, you might want to rethink your positions.

This Day in Labor History: June 30, 1983

[ 18 ] June 30, 2014 |

On June 30, 1983, workers at the Phelps-Dodge Corporation copper mines in Arizona went on strike. Led by the United Steelworkers of America, miners fought bravely against Phelps-Dodge’s decision to bust their union, but faced with overwhelming odds, they lost the strike, bringing in the heyday of corporations busting the unions and moving aggressively toward a completely non-union workplace.

copper_strike_morenci_clifford_arizona_2_-596x361

The Phelps-Dodge mine in Morenci, Arizona had a long history. Phelps-Dodge and other big mining corporations had operated in the southern Arizona/northern Sonora borderlands for a full century by this point. Hating unions every second, they had engaged in some of the most loathsome anti-union tactics in American history, but had eventually caved to the inevitability of union representation. Phelps-Dodge had long run a workmonth of 26 days on and 2 days off before the United Steel Workers of America ended that bit of oppression, which corporate leaders always resented.

The copper industry was in deep trouble in the early 1980s. Pressure from abroad, especially the giant mines of Chile, led to a reduction in copper prices. U.S. mining corporations responded both by investing overseas and laying off workers in the United States. Phelps-Dodge had made some bad investments and was in some trouble, with its leadership taking a lot of criticism. The mine closed for 5 months in 1982.

It reopened in 1983. But Phelps-Dodge decided to use the situation to bust the union. Seeing that the USWA had caved in recent negotiations with U.S. Steel in Pittsburgh, Phelps-Dodge leaders thought they would like some union contract relief as well. Instead of cost of living adjustments, workers wages would be tied to the worldwide price of copper, forcing them to bear the direct brunt of fluctuations of commodity prices. The union was flexible in its negotiations. It agreed to a wage freeze for the entirety of the three-year deal. But it would not change its COLA requests. It had good reason not to. The other mining companies had agreed to this very reasonable offer from their unions. Phelps-Dodge said they could not afford a union workforce. Others noted that despite the recent downturn in copper prices, the company had made $550 million in the previous decade and that it was the company’s own mines in Peru, Australia, and South Africa that had undercut both prices and union work in the United States.

The company terminated the 40-year continuing agreement with the USWA, an 87-page contract that had been used the whole time with moderate changes. It immediately announced not only a $2 an hour wage cut for new workers but major changes in grievance procedures, disciplinary actions, and the other day to day operations that make unions work. They also began the unprecedented step within union contracts of forcing a medical co-pay on workers, something that we see as inevitable in 2013 but which was outrageous for many workers thirty years ago.

Immediately, the unions (vast majority were USWA but there were 13 total unions) voted to strike. 2400 union members walked out and surrounded the miners to not allow strikebreakers to enter. They were immediately subjected to widespread harassment led by the Arizona Criminal Intelligence Systems Agency, a Tucson-based state-run undercover police force. Using tactics from the violent days of the early 20th century Phelps-Dodge executives longed for, the ACISA quickly infiltrated almost every union meeting, wiretapping about 1/2 of the union meetings. The ACISA shared intelligence information directly with Phelps-Dodge officials. Phelps-Dodge began smuggling arms into the mine.

Pretty quickly, divisions rose within the workforce. About 400 of the 1480 workers scabbed quickly. George Mungia could stay on strike or potentially lose his pension. Or he could scab for 2 months and have worked long enough for the pension his union fought to give him. He went for self-interest, knowing that Phelps-Dodge would never have a union back in the mines. This number actually disappointed Phelps-Dodge, for it thought it could break the strike easily.

Miners_stikers_Douglas_AZ_3001

On August 5, the USWA decided it had to raise the level of struggle in order to survive. On August 8, about 1000 strikers and supporters surrounded the mine entrance, chasing away the strikebreakers and forcing others to remain inside the mill. Arizona Governor Bruce Babbitt called for Phelps-Dodge to announce a 10-day work stoppage to settle tensions. But this just gave time for Phelps-Dodge to plan its next maneuver. On August 19, the corporation brought in a military force to end strikers’ resistance. Calling it “Operation Copper Nugget,” 426 state troopers and 325 National Guard members, assisted by helicopters, tanks, and military vehicles, retook the entrance to the mines. They used strikers’ “violence” as the reason, which primarily consisted of a lot of swearing and some thrown eggs. Strikers could no longer keep strikebreakers out. Eight days later, 10 strikers in Ajo were charged with rioting. The strike collapsed quickly after this overwhelming display of corporate, military, and legal power.

Among Phelps-Dodge’s leaders was John Coulter, vice-president for personnel. When the company used force to end the strike, it decided to never hire the old workers back. According to Coulter, “As far as we’re concerned the strike is over.”

The strike lasted three years but was basically over in three months. In September 1984, the workers voted on whether to work without a union or maintain their union without a job. They voted out the union. In 1986, the NLRB rejected the last union appeals. It was a complete victory for Phelps-Dodge. The company became entirely union-free in Arizona.

Some labor scholars call the Phelps-Dodge strike the private sector equivalent of the air traffic controllers in 1981. From this point forward, corporations became far more aggressive about busting unions, using increasingly sophisticated tactics with tacit support from the federal government.

Almost as soon as the strike ended, copper prices rose dramatically. While this was no conspiracy, Phelps-Dodge happily combined rapidly increased profits with a union-free workplace.

John Coulter had a daughter named Ann. She became very annoying. She loves her papa though because he was a unionbuster.

The ACISA was disbanded in 1984 after state legislators thought having an undercover agency was a waste of state money.

The mines of Arizona remain union-free today.

This is the 112th post in this series. Previous posts are archived here.

This Day in Labor History: June 27, 1905

[ 123 ] June 27, 2014 |

On June 27, 1905, at a convention in Chicago, the Industrial Workers of the World was founded. The IWW would play a major role in the industrial warfare of the early twentieth century, scare the employer class, and capture the imaginations of late 20th century and early 21st century radicals.

The IWW had many roots. Socialists and anarchists looked to form a broad-based labor organization. The Western Federation of Miners, a radical union with strongholds in the Rocky Mountains, wanted to expand their form of industrial unionism nationwide. Radicals of various stripes came to Chicago in late June to form this union. Among them was WFM leader Big Bill Haywood, who would become the union’s leader, although it was always a decentralized organization, especially when compared to both the American Federation of Labor and its constituent unions that were quite top-down, even in this era. Eugene Debs, former head of the American Railway Union and socialist candidate for president attended. The legendary matron saint of the United Mine Workers, Mary “Mother” Jones was there. Socialist leader Daniel DeLeon played a major role. Lucy Parsons, leading anarchist, African-American pioneer in American radicalism, and widow of one of the Haymarket martyrs attended. Haywood was the clear leader of this motley crew. The radical western miner stated the goal of the IWW was to form “a working class movement that shall have for its purpose the emancipation of the working class from the slave bondage of capitalism.”

While most of the people at the convention were independent operators, representatives of small groups, or famous radicals, the most important constituency was the Western Federation of Miners, who had faced significant repression from mine owners throughout the Rockies and who had found out firsthand how bad the AFL was with industrial solidarity. The radicals controlling the WFM realized that only industrial unionism could fight the aggressive and repressive tactics of American corporations, which included martial law and the murder of union organizers. The WFM formed after the 1892 Coeur d’Alene strike, brutally repressed by the mine companies. This led to the belief among radical miners that only organizing throughout the West could bring the mine companies to heel. Taking this idea nationwide was the next logical step in 1905. In 1902, it named Haywood its Secretary-Treasurer, aligning it with the Socialist Party.

The IWW called for direct action, putting power in workers’ hands to make their own battle against capitalism. Ultimately, for many this might mean full workers’ control over the means of production or revolution, although in 1905 this was less clear. While Wobbly organizing could be pragmatic and its ideology flexible depending on the campaign (my own interpretation after a long time studying Wobblies in the Pacific Northwest forests is that they were really quite opportunistic and thus frequently contradicted themselves over time, a situation exacerbated by the union’s decentralized nature and multiplicity of voices), it became most known for its version of anarcho-syndicalism where workers would win power not through violent revolution but a general strike that would ground the economy to a halt and allow them to take over. Yet the IWW never defined itself as an anarcho-syndicalist organization, rather focusing on the One Big Union concept that focused on democratic control over the union rather than ideology. I’d argue that historians have overstated the importance of Wobbly ideology and understated the importance of pragmatic action; there is a significantly above zero chance this is the topic of my third book.

Outside of ideology, the IWW filled a necessary void in the American labor movement. Since the decline of the Knights of Labor, the American Federation of Labor had come to define American unionism. The AFL genuinely represented the workers of its affiliate unions, but those workers saw themselves as working-class elites, white, male, Anglo-Saxons. They were uncomfortable with the changing American workforce (and larger society) that included millions of immigrants, women, children, African-Americans, and Asians. They also longed for an era of skilled labor in a society where mass production had taken over. This meant that the AFL and its constituent unions had little interest in organizing most American workers. Outside of a belief or lack thereof in radical Wobbly ideology, there was a huge demand for organization by millions of workers. The IWW had its limitations, but did more than anyone else to provide an avenue for American workers to attempt to improve their lives.

The IWW directly rejected craft unionism at its founding convention, noting:

The directory of unions of Chicago shows in 1903 a total of 56 different unions in the packing houses, divided up still more in 14 different national trades unions of the American Federation of Labor.

What a horrible example of an army divided against itself in the face of a strong combination of employers

Such a critique of craft unionism would continue among industrial unionists for decades.

The IWW got off to a pretty rocky start as many of the founding figures peeled off in the inevitable infighting and destructive focus on personalities that has always plagued the American Left and continues to do so today. By 1908, the Western Federation of Miners had left their national project behind as moderates gained control over that union and returned to the Rockies. Daniel DeLeon was expelled, trying briefly to operate an alternative One Big Union from Detroit. The reformist socialists split with the revolutionary socialists in 1906. Some of the radicals believed the union’s political goal should have focused on mobilizing a working-class vote; others felt American democracy worthless for workers to take part in. Yet the IWW slowly gained credibility with real workers, with it leading a silver mine strike in Goldfied, Nevada in 1906 and sawmill worker strike in Portland in 1907; the latter made the AFL realize what a real threat the Wobblies could be and it worked with employers to bust the strike. in 1908, the IWW reorganized and became a tighter organization, dedicated explicitly to organizing the industrial masses into the One Big Union and focusing on direct worker action to take control of the means of production.

Over the next 15 years, the IWW would go on to be involved in many of the era’s most important and famous labor conflicts, including at Paterson and Lawrence. Organizers like Frank Little and Joe Hill would be murdered. Police and corporations would take extra legal action against them at Bisbee and Everett. When they fought back, such at Centralia and Wheatland, they would be railroaded into prison and even lynched. The Red Scare made the IWW largely irrelevant by the 1920s, but part of that was also the Bolshevik Revolution. The success of a leftist movement overseas meant that most radicals became communists in the 1920s and 1930s and the IWW was an irrelevant rump of just a few workers scattered here and there.

The literature on the IWW is tremendously large. For an overview, I still recommend Melvyn Dubofsky’s 1969 book (there are more recent editions and an abridged edition as well) We Shall Be All, in no small part because too many writers for the IWW are openly cheerleading for them, even the professional historians, and Dubofsky does a good job of maintaining a more even treatment of their failures and successes.

This is the 111th post in this series. Previous posts are archived here.

Meet the New New South, Same as the Old New South

[ 85 ] June 26, 2014 |

I’m not sure that I’m quite as pessimistic as labor historian Nelson Lichtenstein about the early 21st century South. But he’s certainly right about the attempt to reinstitute white supremacy.

We used to call it the “New South.” That was the era after Reconstruction and before the Civil Rights laws — when the states of the old Confederacy seemed most determined to preserve a social and economic order that encouraged low-wage industrialization as they fought to maintain Jim Crow.

What was then distinctive about the South had almost as much to do with economic inequality as racial segregation. Between roughly 1877 and 1965, the region was marked by low-wages, little government, short lives and lousy health — not just for African-Americans but for white workers and farmers.

The Civil Rights revolution and the rise of an economically dynamic Sun Belt in the 1970s and ‘80s seemed to end that oppressive and insular era. The Research Triangle in North Carolina, for example, has more in common with California’s Silicon Valley than with Rust Belt manufacturing. The distinctive American region known as the South had truly begun to vanish.

This is the thesis of economic historian Gavin Wright’s new book on the economic consequences of the civil rights revolution, Sharing the Prize. Ending segregation, Wright argues, improved the economic and social status of both white and black workers The South became far less distinctive as wages and government-provided benefits increased to roughly the national level.

But the New South has returned with a vengeance, led by a ruling white caste now putting in place policies likely to create a vast economic and social gap between most Southern states and those in the North, upper Midwest and Pacific region. As in the late 19th century, the Southern elite appears to believe that the only way their region can persuade companies to relocate there is by taking the low road: keeping wages down and social benefits skimpy. They seem to regard any trade union as the vanguard of a Northern army of occupation.

Lichtenstein concludes:

This is, however, not just a product of racial fears and resentments. Instead it appears to reflect an increasingly inbreed Southern hostility to the exercise of economic regulatory power on virtually any level. As in the 19th century, many in the South, including a considerable proportion of the white working-class, have been persuaded that the federal government is their enemy.

As in the New South era, Southern whites, both elite and plebian, have adopted an insular and defensive posture toward the rest of the nation and toward newcomers in their own region. Echoing the Jim Crow election laws promulgated by Southern states at the turn of the 20th century, the new wave of 21st century voting restrictions promise to sharply curb the Southern franchise, white, black, and brown.

The new New South rejects not only the cosmopolitanism of a multiracial, religiously pluralist society, but the legitimacy of government, both federal and state, that seeks to ameliorate the poverty and inequality that has been a hallmark of Southern distinctiveness for more than two centuries.

The Civil War has yet to be won.

My relative optimism has to do with demographics. As it becomes politically more and more difficult to thrive as a white supremacist, as Latinos become an ever-larger part of the southern population, and as the people become more worldly, threatening conservatives with the moral decay watching soccer causes and the like, these politics, at least around race, become harder to sustain. Into that gap can come voter suppression and other tools of white supremacy, but unless the Supreme Court is willing to overturn the Voting Rights Act entirely, which is not impossible given who makes up the court in 2014, this seems like a loser’s game in the long haul. On the other hand, the attack on unions as monsters can easily transcend its southern rhetoric as agents of northern occupation and morph into a general hatred of workers uniting for higher wages, better working conditions, and a voice on the job. With Obama’s own former appointees leading some of these charges, that seems almost likely, if depressing.

Contractors Saying No to Apparel Companies Helps Apparel Companies

[ 37 ] June 26, 2014 |

The European companies seeking to improve factory conditions in Bangladesh are facing resistance from the factory owners who are heavily invested in the current system, politically powerful, and don’t care about dead workers. We might read this resistance as a sign that there’s really nothing rich world corporations can do about working conditions in nations like Bangladesh. But in fact, these contractors resisting very much helps the multinational corporations. If there’s “nothing they can do” then they can do nothing. Of course there is much they can do. They can refuse to do business with contractors who don’t live up to certain standards. They can also *gasp* run their own factories! I know, this is an unheard of idea in the history of industrial production. But in fact, clothing companies have the ability to directly run an apparel factory. Stopping the current outsourcing system is not without its challenges because the companies have empowered local elites to exploit workers as intensively as possible, but that does not in fact get them off the hook.

This Day in Labor History: June 25, 1938

[ 48 ] June 25, 2014 |

On June 25, 1938, President Franklin Delano Roosevelt signed the Fair Labor Standards Act. This groundbreaking piece of legislation, while flawed as almost all progressive legislation must be to pass Congress, set the standards of labor that defined post-war America, including minimum wages, overtime pay, and the banning of most child labor.

Sweeping laws to regulate wages and hours had been bandied around for some time, including a bill sponsored by Hugo Black in 1933 to reduce the workweek to 30 hours. Black continued to push for some kind of comprehensive labor regulation bill, although against significant Congressional opposition from conservatives. Roosevelt campaigned on wage and hour legislation in 1936. In 1937, a new fight was undertaken for such a bill and it took nearly a year of contentious negotiations to make it happen. On May 24, 1937, FDR had the bill introduced through friendly congressmen. The original bill included a Fair Labor Standards Board to mediate labor issues, and a 40 cent an hour minimum wage for a 40 hour week, as well as the prohibition of “oppressive child labor” for goods shipped between states. FDR told Congress, “A self-supporting and self-respecting democracy can plead no justification for the existence of child labor, no economic reason for chiseling worker’s wages or stretching workers’ hours.” The administration tried to stress that this was actually a pro-business measure. Commissioner of Labor Statistic Isador Lubin told Congress that the businesses surviving the Depression were not the most efficient, but the ones who most ruthlessly exploited labor into longer hours and lower wages. Only by halting this cutthroat exploitation could a more rational and well-regulated economy result.

Organized labor was split on the FLSA. Many labor leaders believed in it wholeheartedly, including Sidney Hillman and David Dubinsky. Interestingly, both AFL head William Green and CIO leader John L. Lewis supported it only for the lowest wage workers, fearing a minimum wage would become a maximum wage for better paid labor. This reflected the long-standing mistrust of government by labor, lessons hard-learned over the past half-century, but ones that could get in the way of understanding the potential of the New Deal. Of course, today’s reliance upon the state by the labor movement would confirm much of what Lewis and especially Green believed, but that’s a subject for another post.

But all this happened while FDR was also engaged in his court-packing scheme. The embarrassing failure of that idea threatened the FLSA’s passage. It was quickly moved through the Senate but the House stalled, leading to it taking over a year to make it through Congress. It was only after Claude Pepper beat off an anti-New Deal challenger in the Florida primary that enough southern Congressmen would vote for the bill for it to pass, even in somewhat weakened form. The bill FDR finally signed over covered about 25 percent of the labor force at that time. It banned the worst forms of child labor, set the labor week at 44 hours, and created the federal minimum wage, set at 25 cents an hour.

Of course, corporate leaders howled about the impact of this 25 cent minimum wage. It was a big enough threat that Roosevelt addressed it in a Fireside Chat, telling Americans, “Do not let any calamity-howling executive with an income of $1,000 a day, …tell you…that a wage of $11 a week is going to have a disastrous effect on all American industry.”

The impact of this law cannot be overstated. The minimum wage had been a major project of labor reformers for decades. During the Progressive Era, reformers had made some progress, but the Supreme Court ruled a minimum wage for women unconstitutional in Adkins v. Children’s Hospital in 1923, killing the movement’s momentum. The National Industrial Recovery Act of 1933 set an important precedent for federal regulation over wages and hours, but the Supreme Court overruled this in 1935, leading to the National Labor Relations Act and FDR’s attack upon the Supreme Court as an antiquated institution destroying progress.

It’s worth noting how important the child labor provisions were. Child labor had been the bane of the country for a century. Children were often expected to work through most of American history; they had always worked on farms or in the apprenticeships that defined pre-industrial labor. But in the factory systems, children were employed explicitly to undermine wages and increase profits. Organized labor and reformers had fought to end child labor for decades, with industries such as apparel and timber leading the opposition to it. This largely, although not entirely, ended with the FLSA, to the benefit of every American.

There were unfortunate exceptions to the Fair Labor Standards Act. Most notably, agriculture received an exemption, part of its long-term exploitative labor methods. This was something of a compromise as southerners complained about having to pay northern wages in an area of the country long used to cheap labor; in fact, those disparities had long been used by northern and western industrialists against a minimum wage in their states since they said they couldn’t compete with southern employers as it was. Other groups still largely excluded include circus employees, babysitters, journalists, and personal companions.

The agricultural exemption is the most damaging. Farmworkers remain among the most exploited labor in the United States today. The federal government still has no child age limit on farm work and only 33 states have stepped in to create one. Most of the states that exempt farm work from child labor laws are in the South, but among the other states is Rhode Island. Those state laws are limited, as state regulation often is. Washington for instance allows children as young as 12 to pick berries, cucumbers, spinach, and other groups when school is not in session. Workers under the age of 16 are prohibited from hazardous jobs on farms, but who is checking that? Not enough inspectors, that’s for sure. Farmworkers under the age of 20 only receive $4.25 an hour for the first 90 days of their work. In short, there are still huge gaps in FLSA coverage and in today’s political climate, they are more likely to grow, not shrink.

The Fair Labor Standards Act was significantly expanded over the years. Each increase in the minimum wage is an amendment to the FLSA. In 1949, Harry Truman expanded its reach to airline and cannery workers. JFK expanded it to retail and service employees. The 1963 Equal Pay Act expanded its reach to require equal pay for equal work for women and men.

The Fair Labor Standards Act was the last major piece of New Deal legislation. FDR was facing a backlash from the court-packing incident and the alliance of southern Democrats and Republicans determined to limit the power of the liberal state. After the 1938 elections, FDR’s ability to create groundbreaking programs declined significantly and then World War II came to dominate American political life.

This is the 110th post in this series. Previous posts are archived here.

This Day in Labor History: June 23, 1855

[ 97 ] June 23, 2014 |

On June 23, 1855, a 19 year old slave woman named Celia murdered her master rather than allow him to rape her. She then attempted to burn his body, nearly succeeding in erasing all traces of the crime. She was arrested, convicted, and executed. This story gets at both the inhumanity of slavery and the sexual labor forced upon millions of African and African-American women during two centuries of chattel slavery in the United States.

Robert Newsom, a prosperous farmer in Callaway County, Missouri, purchased Celia in 1850. She was 14. In the 1850 census, Newsom owned 800 acres and five male slaves. Celia was the first female slave he purchased and it seems that he did so in order to use her for sex, as well as to serve as the house cook. His wife had died in 1849 and he decided on a sex slave rather than a new wife. He first raped Celia before they returned to his plantation. She eventually had two children by him.

In 1855, Celia took a slave named George as her lover. George pressured Celia to end Newsom’s rapes. Of course, he could do nothing about it himself, a subject that has gone far in defining the history of black masculinities in this country (there is a large literature on this topic). Celia did everything she could. She asked Newsom’s daughters to intervene. She pleaded to Newsom. Nothing helped. The rape continued.

On June 23, Newsom told Celia he was coming to her cabin that night, which he did at around 10 p.m. When he made his advances, she picked up a stick and beat him over the head. The first blow knocked him down and the second ended his life.

She hadn’t really intended to murder him. She just wanted him to not rape her. Not knowing what to do, she thought for about an hour. And then decided to burn him in her fireplace. Her house, an actual brick house built for her status as Newsom’s concubine, was a good distance from the main house so she had some ability to conceal her activities. She did a pretty complete job, smashing bone fragments and throwing them back into the fire, then spreading some of the ashes outside. The next morning she even got Newsom’s young grandson to hide the ashes, meaning he likely literally inhaled his own grandfather.

Because Newsom was so brazen about raping Celia, everyone knew that’s where he went the night before. So the blame immediately focused on her when he could not be found the next day. She went to work as normal and when confronted, denied everything. The police threatened to take away her children, but of course she knew that being caught meant death for her, so this was unsuccessful. She did admit Newsom had come to her cabin for rape. And finally she confessed after hours of continued questioning. After an official inquest the next day, Celia was hauled off to jail in the county seat of Fulton.

This all took place within the context of the Kansas-Nebraska Act and growing violence on the western frontier over the expansion of slavery, a labor system that increasing numbers of northerners either found abhorrent or at least a threat to their own status as free white workers. The Republican Party, founded the previous year, held the threat of slavery to white labor as central to its ideology. Three days before Celia’s trial began, on October 9, a man named John Brown arrived in Kansas for the first time, soon to become infamous for his use of violence to free people from slavery. Celia’s trial therefore was not just about punishing a crime, rare and salacious as it was. It was also about defending a system of labor that increasingly seemed to masters as threatened on all fronts, even as it was more profitable than ever. On top of all this was the constant fear slaveowners had that their bonded labor would rise up and kill them. Haiti was always on their minds, especially after the Nat Turner revolt. At the heart of this fear was the knowing injustice of the slave system that no amount of mental gymnastics and philosophical musings could erase.

Celia of course had no chance of an acquittal. The judge was William Hall, later a staunch Unionist in the Civil War, But in his instructions to the jury, he explicitly told them that if they believed she killed him to stop her own rape, this was not enough to be found not guilty. Hall really had no choice as he was ambitious and judges were elected positions in Missouri. Yet the defense pushed a radical line that slaves had the right to defend themselves from rape. Given that slave owners could legally do anything they wanted to their slaves without punishment, setting a legal precedent that there were limits to masters’ behavior would have overturned the entire moral basis of slavery. There is not a single known case in the American South of a slaveowner facing criminal charges for raping a slave, even though it happened every day all over the region. Giving slave women the right to resist would have been a major blow for slavery, yet in a slave state, that’s exactly the argument made by the defense attorneys, who seem to indeed have believed Celia was morally innocent. The attorneys were part of a small group of southerners who wanted to use the law to reform slavery’s worst abuses, saving the system while rejecting the attacks of abolitionists by undermining their ability to tell what seemed like sensationalized (regardless of their actual truth) stories about the horrors of slavery. But such reforms were impossible without granting slaves something like human rights.

On October 10, the jury found Celia guilty of first-degree murder. While in prison, Celia delivered a stillborn child. She was not allowed to testify, but that wasn’t only because she was a slave, but because the accused could not testify on their own behalf in Missouri at this time. She was scheduled for execution on November 16, but five days prior, she was moved out of jail to an unknown location and not returned until after her original date. Probably the defense attorneys were involved in this, although it’s unclear. They wanted to appeal to the state Supreme Court, which was not going to happen before the 16th. A new execution date of December 21 was scheduled. On December 14, the Supreme Court refused to stay the execution. Celia was executed by hanging on December 21.

Other than the quite exceptional act of murdering her master, Celia’s story is the story of millions of black women, forced into sexual labor for their masters.

There is an excellent book on this case that I recommend for your own reading and for assigning to students, Melton McLaurin’s Celia, a Slave: A True Story.

This is the 109th post in this series. Previous posts are archived here.

Union Environmentalism

[ 10 ] June 18, 2014 |

Let me recommend Trish Kahle’s Jacobin piece on the Miners for Democracy (1970s reformist United Mine Workers members) and the potential of energy workers embracing environmentalism. Brief excerpt:

Ultimately, the group of miners arguing for an energy workers union federation — or even a new union to represent all energy workers — were unsuccessful in transforming their union in that vision. This failure helped lead to the decline of the MFD, and along with it, the radical environmentalist vision they put forward.

The political space that had been opened up by the incredible levels of self-organization among rank and file miners allowed broad debate and agitation on issues like the environment. But as it became harder for workers to go on the offensive and the energy conglomerates continued to consolidate their power, miners found themselves fighting an increasingly uphill battle that left less and less room to fight for anything except survival.

Although they were some of the last workers to do so, the United Mine Workers did eventually face decline accompanied by the growth of conservatism. Today, rather than being seen as the vanguard of a movement to protect the land, miners are portrayed by many environmentalists as backwards, reactionary, and part of the problem.

I think this is pretty much correct for the UMWA, but in other industries, it wasn’t so much consolidation as it was capital mobility that undermined union environmentalism. The labor-green alliance she describes was not unique to the UMWA at the time. The Oil, Chemical and Atomic Workers were the pioneers here, but the International Woodworkers of America, International Association of Machinists, and United Steel Workers of America had pretty strong environmental records as well. She concludes by talking about union democracy as central to a labor environmentalism, but my own research on the IWA really doesn’t suggest this is necessary. For the IWA, it was the union leadership pushing the green message and the locals embraced it or didn’t depending on the issue. When there was rank and file resistance, it was against environmentalism, not for it. So in the case of the UMWA, the connection between union democracy and environmentalism was profound because it was so connected to the leadership’s indifference to workers dying of black lung and in accidents. But that’s very much not a universal thing.

Despite this quibble, this is an excellent article on the potential of energy workers embracing a green future, even if, understandably enough, how to get from Point A to Point B remains pretty hazy.

Prison Labor and Artisanal Food

[ 69 ] June 17, 2014 |

The prison-industrial complex finds new ways to generate profit. So it’s hardly surprising that probably the industry most exploitative of labor in American history–agriculture–is more than happy to take advantage. What may surprise some people is that it’s the high end artisanal food companies that cater to Whole Foods and other such stores who are involved. This story focuses on Haystack Mountain, a Colorado goat cheese company that is buying its milk from a prison company farm.

Says John Scaggs, Haystack’s marketing and sales director, referring to CCI: “They have land. They have human capital, the equipment. If you can think it up, they can do it, and do it fast.”

That diverse and nimble operation has attracted visits by officials from 22 prisons as well as steady interest from companies that want to tap CCI’s workforce. “I get one to two calls a week from companies,” says CCI director Steve Smith, adding that he declines those that simply want cheap labor.

The practice has long been controversial. Prisoners earn meager wages and have no recourse if they’re mistreated, LeBaron argues. Plus, they can take jobs from law-abiding citizens. “It’s hugely concerning in the face of economic instability and unemployment,” she says.

Counters Smith: “These are coveted jobs.” Base pay starts at 60¢ a day, but most prisoners earn $300 to $400 a month with incentives, he says. To be hired, inmates must get a GED and maintain good behavior for six months.

60 cents a day. In 2014. Now that’s the kind of labor exploitation I know from the history of American agriculture.

There was also this Twitter exchange between labor and justice writers Sarah Jaffe and Alexis Goldstein with some PR flack from Haystack Mountain who is not very good at his job because he reveals way too much. According to the PR person, Haystack Mountain isn’t even saving money on the milk compared to what they would pay on the open market, meaning all that money is going to the prison capitalists. Everyone wins but workers. And the idea that all these prisoners are earning skills they will take into the workforce of goat farming is so ridiculous as to be laughable.

Our Broken Trucking Regulatory System

[ 77 ] June 16, 2014 |

When the Wal-Mart truck driver crashed into Tracy Morgan’s limousine last week after falling asleep, I wanted to write a short piece on how the trucking companies endanger workers and drivers through their horrible labor practices. But I didn’t have time to do the research (pro tip: don’t write 2 books at once). Luckily, David Dayen did write this up and it’s typically excellent. The whole system is a nightmare of labor exploitation, corporate purchase of politicians, and casual indifference toward you and I when we are on the road. An excerpt:

But the fact is it’s difficult for truck drivers to make a decent living by playing by the rules, and employers, including Walmart, effectively create a hazardous workplace by constraining pay to make cheating attractive, and ordering faster shipments with deadlines that can only be achieved through cutting corners. Roper had been awake for over 24 hours when he crashed his truck, according to the criminal complaint. A January accident in Illinois featured a driver on the job for 36 straight hours.

The average trucker makes around $37,000 a year. While trucker pay varies from one company to the next, in general terms they get paid by the mile, but not for each mile driven. If a driver goes from Seattle to Minneapolis, they get an “as the crow flies” rate, meaning that any detours or miles spent lost on the road are unpaid. Most drivers aren’t covered by Fair Labor Standards Act requirements on overtime pay beyond 40 hours. Truckers are also often not paid when the haul gets loaded or unloaded, so they could spend hours at a facility working without being on the clock, adding to fatigue. Some industries, like oil and gas, have exemptions from hours-of-service rules that make driving even more dangerous.

Drivers also face tight deadlines to deliver loads on time. Employers restrict speed because it impacts fuel costs, so the only way to get goods to their destination faster is through more driving hours.

5 quick points. All drivers should be covered by the Fair Labor Standards Act. Second, trucking companies simply need to be held criminally liable each and every time one of their truckers gets in a crash from overwork and exhaustion with vastly increased financial punishments. Third, drivers need to be paid for established route miles, not as the crow flies. This should be set by the federal government. Fourth, OSHA needs authority over the truckers even when they are on the road (the Federal Motor Carrier Safety Administration has jurisdiction on the road). Fifth, as Dayen suggests, electronic logbooks need to be kept for every truck. The nation can spy on its citizens but can’t prevent truckers from working 100 hour weeks. Right.

And all those life-threatening hours and stress for $37,000 a year. That’s a terrible hourly rate.

No Real Progress in Bangladesh

[ 50 ] June 16, 2014 |

Colin Long’s Jacobin essay on visiting the Tarzeen and Rana Plaza factory disaster sites is all worth reading, but the important part of the article is his discussion of the aftermath. For very little has changed. The international accords are all about western brands protecting their own image at home–which is fine–but for workers, these accords have no meaning, even if they have heard of them, which most have not. The apparel companies still do not care one bit about the conditions of work, how the workers are treated or whether workers live a dignified life. The increase in the Bangladeshi minimum wage also brought on a much harder workday for the workers as the employers just drove them harder and fired their assistants to maintain their profits. Neither of these advances–and ultimately they are both still advances despite the problems–get at the main thing that would improve working conditions in Bangladesh, which is giving workers power to improve their own lives. Instead, Bangladeshi unionists are still intimidated and even murdered, acts to which the apparel companies are complicit.

But there is basically no way for Bangladeshi workers to grab that power to create a dignified life, not when the apparel companies can and will just move to another country to exploit. Without taming capital mobility, the slow and painful but real progress of workers’ rights gets cut off at the knees. And there’s no way the apparel companies are giving up that trump card.

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