Internal
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 Review Notes on  LU:  Union Members, Leaders, Economics, Politics
External
Links
Link
 Union Membership  
Link
       Member Participation  
Link
       Stewards  
Link
       Local Officers  
Link
 Women & Minorities in the Labor Movement   
Link
       Gender & Work:  Occupational Gender Discrimination & Its Causes  
Link
       Discrimination & Work  
  Intro to the Political Economy of the Labor Movement   
 Link
       The Union Environment  
 Link
       Union Strategies:  The Business Approach   
 Link
       Employment Law & Admin:  Norris LaGuardia & Wagner Acts set most rules for representation & bargaining rules & formed the NLRB  
 Link
       Wagner  aka the Taft Hartley Act   (THA)  
 Link
       The Amended Taft Harley Act     (ATHA)  
Link
       The Norris LaGuardia Anti Injunction Act    ( NLGA )  
Link
       The  NLRB  
Link
       Economics  
Link
       NAFTA  
Link
       Labor's Political Action  
Link
       Lobbying  
 Link
 The Future of the Labor Movement   

 
Internal
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 Outline on  Union Membership
External
Links
  Union demographics  
  Today, there are approximately 20 million US Union members
 
  Gender make-up of Union Membership in the US is approximately 65 % male & 37 % female
 
  21.3 % of working males are union members
 
  14.8 % of working women are union members
 
  Two of the 95 unions in AFL CIO have female president & women in other leadership positions have similar numbers
 
  At the local level, women have a greater role than at the national level, but not proportional to men's number
 
  Women are not generally involved in bargaining & grievance settlement
 
  The racial demographics of the Labor Movement approximates the racial demographics of the working population they represent
 
  Thus, the Labor Movement is nearly racially representative of the overall population, but is somewhat voluntarily concentrated by race because races & ethnic groups are occupationally concentrated
 
Link
 The Table on Union Membership shows that participation in the Labor Movement grew until the 1950s, declined slowly until the 1980s then rapidly declined & has recently stabilized
 
  Unions peaked in power from 1945 to 1955 when union membership percentages were the highest  
  The Table 6.1  Who Belongs to Unions? shows that union membership varies somewhat by various factors including industry, occupation, region, age, gender, race, education, & work status  
  Workers in transportation, govt., manufacturing, mining, & construction are more likely to be union members than workers in trade & services  
  Manual workers are more likely to be unions than are professionals, service, clerical, or farm workers  
  Workers in the Midwest, Northeast, & West are more likely to be union than are workers in the South  
  Because of more commitment to their jobs, older workers are more likely to be union  
  Men are more likely to be union than women, but women are being organized at a faster rate  
  In relation to union membership, Blacks, Hispanics, Asians, et al are more likely to be union than are Whites  
  In reference to education, the largest segment of the unionized population has a high school diploma  
  Full time workers are more likely to be union that part time workers  
  The Table 6.2  The 25 Largest Labor Unions in the US shows that in general, big unions are going, but the reason the percentage of the workforce is declining is because the unions grow at a slower rate than the workforce  
  Unions are no longer confined to blue collar jobs in the manufacturing sector  
  In recent yrs., the white collar, professional, & service sectors are important growth sectors for the labor movement  
  The Individual & the Local  
  The union security clause in the collective bargaining agreement requires  
  -  members to join the union
 
  -  nonmembers to pay an agency fee for representation
 
  In right to work states, the nonmembers pay nothing
 
  In some jobs (e.g. construction,  maritime), unions the take lead in skill training & entry to employment
 
  Joining & Socialization
 
  We are socialized on the job by mgt., workers, the union, customers
 
  A union often exempts new workers from joining the union for a probationary period
 
  W/ a union shop, workers join immediately, & pay an initiation fee
 
  The steward introduces worker to union, union role, etc.
 

 
Top  

Table on US Union Membership 1930 - 1999
Year
Total Wkrs
in millions
Union
in millions
% in Unions
1930
29.4
3.4
12%
1935
27.1
3.6
13%
1940
32.4
8.7
27%
1945
40.4
14.3
36%
1950
45.2
14.3
32%
1955
50.7
16.8
33%
1960
54.2
17.0
31%
1965
60.8
17.3
28%
1970
70.9
19.4
27%
1975
76.9
19.6
25%
1980
87.5
20.1
23%
1985
94.5
17.0
18%
1988
101.4
17.0
17%
1990
102.4
16.8
17%
1998
116.7
16.2
14%
 1999
  
 16.2
  
The Table on Union Membership shows that participation in the Labor Movement grew until the 1950s, declined slowly until the 1980s then rapidly declined & has recently stabilized
Green denotes the high in union membership in absolute numbers & in percentage, respectively.  Note that unions peaked in power from 1945 to 1955 when union membership percentages were the highest

 
 
Top  

Table 6.1  Who Belongs to Unions?
HS0206
Criterion
% Represented in 1993
% Represented in 1999
Industry
    
Manufacturing & mining
    21 %
17
Mining  
13
Construction
21
13
Transportation
33
27
Trade
7
6
Service industries
7
7
Govt.
43
42
Occupation
    
Professional
18
15
Service occupations
16
14
Clerical
12
10
Manual
27
23
Farm
6
5
Region
    
Northeast
20
  
Midwest
21
  
South
12
  
West
19
  
Age
    
16 - 24 yrs.
7
6
25 - 64 yrs.
18
18
Gender
    
Men
21
17
Women
15
13
Race
    
Minority
22
  
Hispanic  
13
Black  
22
White
17
15
Education
    
Less than high school
17
  
High school or more
19
  
Work Status:  Hours
    
Full time
20
18
Part time
9
8
Total
18
  
Table 6.1  Who Belongs to Unions? shows that union membership varies somewhat by various factors including industry, occupation, region, age, gender, race, education, & work status
US Dept. of Commerce, Bureau of the Census, 1993e, 1999; Statistical Abstracts of the US, 1993, 2000; Washington, DC, US Govt. GPO, p.436

 
Top  

Table 6.2  The 25 Largest Labor Unions in the US
HS0206
Labor Organization
Members in Thousands, 1993
Members in Thousands, 1999
NEA
2,001
2,001
Teamsters
1,379
1,271
AFSCME
1,191
1,236
SEIU
881
1,081
Food & Commercial Workers
997
989
UAW
840
766
AFT
573
694
IBEW
730
655
CWA
492
504
Steelworkers
459
499
IAM
534
431
Carpenters
494
324
Laborers
406
298
Operating Engineers
330
294
Postal Workers
228
279
Paperworkers Intl Union
202
226
Hotel & Restaurant Employees
269
225
Plumbing & Pipe Fitting
220
220
Letter Carriers
210
210
Am. Fed. of Govt. Employees
151
170
Firefighters
151
156
Electronic, Electrical, & Tech Wkrs.
160
128
ILGWU
143
  
Transit Workers  
98
Bakery, Confectionery & Tobacco Wkrs.  
95
Clothing & Textile Wkrs.
154
  
UMW
240
81
Table 6.2  The 25 Largest Labor Unions in the US shows that in general, big unions are going, but the reason the percentage of the workforce is declining is because the unions grow at a slower rate than the workforce
US Dept. of Commerce, Bureau of the Census, 1993e, Statistical Abstracts of the US, 1993, Washington, DC, US Govt. GPO, p. 435.  Court Gifford, ed., Directory of US Labor Orgs.  Washington, DC, Bureau of National Affairs

 
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 Outline on Union Membership Participation
External
Links
  Workers participate in unions because their bargaining power as a group is greater than that of individuals  
  The labor movement, along with econ progress, has given wkrs a higher standard of living & therefore as the union wins victories, those victories are often spread to the general wkforce, making the general wkforce less willing to participate in the Labor Mvmt  
  Compared to past laborers, modern wkrs earn higher wages, work shorter hours, are better protected against accidents, & receive more fringe benefits, all of which were won by the Labor Mvmt  
  The fact that some in the wkforce do not participate in the Labor Mvmt means, essentially, that they are free riders  
  In some cases, the workers themselves form a union to increase their bargaining power  
  In other cases, an existing union decides to organize the employees of a particular plant or industry  
  The union sends men & women called organizers to persuade workers to participate in a union  
 
 Member participation
 
 
 Typical activities of members include:
 
 
   a.  administrative activity
 
 
   b.  attending meetings
 
 
   c.  voting in elections
 
 
   d.  strike authorization
 
    e.  contract ratification  
    f.  picketing  
  The typical activities of a steward that impact member participation include:  
    a.  enrolling union members  
    b.  encouraging involvement  
    c.  processing grievances  
    d.  preparing for negotiations  
 
 There are THREE levels or types of union support to the locals / members
 
 
   a.  Administrative Support
 
 
   b.  Intermittent Support
 
 
   c.  Supportive Attitudes
 
 
 Hierarchy of commitment activities:
 
  Union members typically see SIX activities as the most important union activities, including:  
 
   a.  reading union literature
 
    b.  voting on collective bargaining contracts  
    c.  voting in elections  
    d.  attending meetings  
    e.  serving on committees  
    f.  holding union office  
 
 There are typically FIVE factors that affect union loyalty, including
 
 
 a.  Subjective values, beliefs & norms affect a member's sense of loyalty to the union
 
  Subjective values & norms affect how important referents such as significant others, role models, family, friends, etc., see the union  
  Beliefs on the fairness of the economic system in general & the economics in the firm are an important factors affecting union loyalty  
  Union members, as compared to the general population, believe less in the fairness of the economy  
  b.  Perceived instrumentality affects a member's sense of loyalty to the union in that union members believe the union can accomplish important goals  
  c.  Marxist knowledge of the workplace affects a member's sense of loyalty to the union in that union members have a greater understanding of the fairness & conflict in economy  
  d.  Socialization affects a member's sense of loyalty to the union in that union members have important friendships in the union & they understand the operation of the union & the union culture  
  e.  Steward leadership & their commitment, charisma, effectiveness, etc. affect a member's sense of loyalty to the union  
 
 Creating the 5 Factors that Increase Union Loyalty:
 
 
 Which of these factors can the union or mgt affect/control? 
 
  a.  Values & beliefs can rarely be affected by the union or mgt in the short term,  they can  be influenced in the long term  
  b.  Perceived instrumentality can be affected by the union or mgt in both in the short & mid term  
  c.  Marxist knowledge of the workplace can be affected by the union or mgt in the mid & long term  
  d.  Socialization is really re-socialization & is done primarily by the union, union members & mgt in the mid & long term  
  e.  Steward leadership can be affected by the union or mgt in the long term  
 
 Union loyalty determines the willingness to work for the union & responsibility to the union
 
 
 Responsibility to the union determines the willingness to work for the union
 
  Willingness to work for the union determines participation in union activities  
  Participation in union activities determines both extrinsic  & intrinsic job satisfaction ( material & non material satisfaction )  
  A member's willingness to participate in union administration is affected by SIX personal qualities, including  
 
 a.  interest in union business
 
 
 b.  education
 
  c.  seniority  
  d.  beliefs about union  
  e.  low job involvement  
  f.  desire for decision making & leadership  
  Other Factors Affecting Participation:  
  a.  The level of democracy in union, which may be understood as ranging from high to low, affect a member's willingness to participate in the union  
  b.  Workplace relations, which may be understood as ranging from hostile to friendly, affect a member's willingness to participate in the union  
  The bureaucratization of the union, which may be understood as ranging from high to low, affect a member's willingness to participate in the union  
  The personal demographics of a worker & of all the workers affect a member's willingness to participate in the union  
  The personal demographics of a union include, age, parenthood, number of jobs, etc.  
  Commitment in workplace, which may be understood as the psychological investment in the goals & relationships in the workplace, affect a member's willingness to participate in the union  
  Union commitment can be influenced by early involvement, socialization, rewards for commitment / involvement  
  Mgt commitment can be influenced by early involvement, socialization, rewards for commitment / involvement  
  Most workers can be seen as having a dual commitment to the union & to mgt.  
  The dual commitment is impacted by the factors discussed above & by  
  a.  labor - management Relationships  
  b.  mgt leadership  
  c.  union leadership  
  d.  grievance procedures  

 
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 Outline on Stewards
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  The steward is the elected or appointed shop floor union representative responsible for interpreting the contract for union members & processing grievances
 
  Etymology of Steward
 
  Originally during the Middle Ages, the position of the steward was "the ward of the hall" 
 
  The steward was one who managed the financial wealth & domestic affairs of another who was often a noble
 
  In the Middle Ages, the steward had considerable discretion & confidentiality  
  In the Middle Ages, the steward could exert full control during absence of owner  
  Today "stewardship" connotes prudent & conscientious handling of the interests of another  
  Weber suggest that the ideal mgt. structure was controlled by stewards rather than owners  
  Weber believed stewards were more likely to be objective, consistent, & technically competent  
  The Orgl Env of the Stewards:  
  Stewards operate at the work unit level  
  Stewards are either elected by the membership or appointed by union officers  
  There are more stewards than other kinds of union officers  
  The position of the steward is a "middle mgt" type of position in that they are:   
  a.  responsible to membership  
  b.  responsible to union leadership  
  c.  seen as a buffer btwn members & mgt  
  Stewards communicate needs & info of the membership of each local union to all the other locals in the union, & to the union officers  
  Thus stewards are activists who fulfill one of the most important roles in union leadership  
  There are FIVE Roles of the Steward  
  A role of the steward is to:  
  a.  represent both the union's & workers' interests in the administration of the contract
 
  b.  ensure that supervisors comply w/ the contract
 
  c.  act as spokespersons in presenting grievances  
  d.  collect dues  
  e.  solicit participation
 
  Stewards have super seniority  
  The rights & obligations of the steward make it a powerful, but vulnerable position  
  Therefore the steward is always awarded seniority so that she or he has the most seniority of any member of the unit  
  Private sector mgrs & stewards have more power than public sector mgrs & stewards because there is more latitude for decision making
 
  The dual commitment of stewards is seen in the steward being both a full time worker & a union representative  
  The commitment of the steward to the union is related to
 
  a.  perceived immobility
 
  b.  the belief that union should use grievances to punish employer
 
  c.  involvement in union activities & decision making
 
  d.  employment in larger firms
 
  The unilateral commitment of the Steward to the Union is related to
 
  a.  low pay
 
  b.  involvement in the union
 
  c.  lack of support from employer  
  The commitment of the Steward to the Employer is related to
 
  a.  tenure
 
  b.  immobility
 
  c.  supervisor support
 
  d.  promotion opportunities
 
  e.  influence w/ employer
 
  f.  the amount of work experience in a smaller firm
 
  The dual commitment of the Steward to the Employer & the Union is related to
 
  a.  a positive perception toward supervisors
 
  b.  promotional opportunities  
  c.  the union's influence w/ the firm  
  d.  positive beliefs about union decisions  
  e.  low job opportunities w/ other firms  
  f.  a belief that grievances are not a punishment  

 
Internal
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 Outline on  Local Officers & Leadership
External
Links
  -  Project:  Local Officers' Leadership
Link
  While the econ & overt power of union leadership is not widely recognized, their power is substantial & at times in history, has been pivotal  
  One example of the power of labor leaders occurred during the Great Depression (1929) which left millions of workers jobless  
  The Great Depression & the activities of the 'robber barons' changed the attitude of many Americans toward the labor movement  
  Before 1929, most people regarded business executives as the nation's leaders and union members as dangerous radicals  
  But people lost faith in business leaders after business could not relieve the depression  
  Another example of the pivotal role of labor leadership occurred when, faced with growing opposition to labor in the 1930s, the AFL & the CIO began to consider joining forces  
  One of the major differences between the AFL & the CIO was their attitude toward Communism  
  The AFL was strongly anti Communist, but many officials of the CIO either were Communists or supported Communist ideals  
  These Communist leanings became a problem after World War II, when intense anti Communist feelings swept through the nation  
  Many CIO unions overthrew leaders whom they believed were Communist sympathizers  
 
 Typical Local Officers:
- President
- Vice President
- Secretary
- Financial Secretary		 - Treasurer
- Sergeant at Arms
- Trustees
 
  Other Local Union Leadership Members:  
  The business agent has TWO major roles
 
  a.  ensuring the contract is being followed  
  b.  referring members to available employment  
  The business agent is most likely to appear when the local is engaged in organizing a new unit or when there are multiple bargaining units w/in same local  
  The Executive Committee is made up of the local's officers & the Negotiation Committee
 
  The Executive Committee has the TWO major functions of:   
  a.  establishing local policy  
  b.  serving as a liaison btwn among the state, national, &  international offices  
  The Negotiation Committee has the FIVE functions of  
  a.  focusing on the negotiation of the collective bargaining agreement  
  b.  negotiating over contract changes  
  c.  reviewing grievances  
  d.  negotiating w/ mgt. over grievances  
  e.  administering the collective bargaining agreement  
Link
 The Steward  
  Local Officers  
  Local Officers are elected by the local members
 
  The success of LOs is strongly related to their success w/ bargaining issues
 
  Dissatisfaction w/ a LO is related to the success of an insurgent candidate
 
  If the union has several bargaining units w/ separate contracts, things are more complicated
 
  It is possible to have several occupational groups w/in the same firm
 
  The situation of several occupational groups w/in the same firm occurs under the RLA because it requires bargaining units based on occupation  
  The majority occupation may rule the union & bargaining issues
 
  The domination by one occupation may create conflict among the occupational groups w/in the firm
 
  This conflict is often called fractional bargaining  
  Fractional bargaining is when one group of workers from a bargaining unit, or from a separate firm dominates & there is conflict over the administration of the contract  
  LOs are accustomed to dealing w/ different types of workers w/ different needs  
  A local union may also have contracts w/ several firms  
  LOs are generally granted leaves of absence in larger units
 
  LOs remain attached to their employers
 
  Like the Stewards, the LOs have a dual commitment
 
  The dual commitment of the LOs is to the national union & to the local membership
 
  The fairness of the national union elections is lower than for the local elections
 
  Leadership & Political Activities:  
  Political activities are an important part of the Labor Mvmt  
  Union officials urge wkrs & their families to vote for candidates who are sympathetic to union goals  
  Because of the ability of union leaders to influence votes, most elected officials listen carefully to what labor leaders want  
  In this way, organized labor influences the city, state, & fed govt  

 
Internal
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 Outline on Women & Minorities in the Labor Movement
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Links
  Minorities participate equally in locals, but are often under represented in officer positions
 
  One major reason for the continuing segregation in unions is that firms have the right to hire who they want  
  Segregated union patterns generally follow segregated workplace patterns  
  Occupational segregation is widespread  
Link
 Occupation segregation is greatest btwn the genders in that there are "men's jobs" & there are "women's jobs"  
  There are many occupations that are segregated by race or ethnicity such as farm workers are Hispanic, uranium miners are Native American, & more  
  Unions have traditionally favored civil rights, but have not been able to enforce them in the workplace
 
  Civil rights in the workplace is considered to be a mgt prerogative
 
  Unions now have policy of no discrimination in the union, but union leaders at the national level do not necessarily reflect the demographics of the members
 
  Except for minority dominated unions, there are no minority national union presidents
 
 
 The racial demographics of the Labor Movement approximates the racial demographics of the working population they represent, except that minorities are slightly more likely to be in a union
 
 
 Thus, the Labor Movement is nearly racially representative of the overall population, but is somewhat voluntarily concentrated by race because races & ethnic groups are occupationally concentrated
 
 
Mother Jones, i.e. Mary Harris Jones (1830-1930) was an important labor leader who was inspirational & a powerful organizer
 
  In 1881, the Knights of Labor appointed a special committee to promote the interests of women  
  In 1899, the Women's International Union Labor League was formed  
  The AFL tried to persuade women to take action against corrupt business mgt in the early 1900s  
  In 1903, the National Women's Trade Union League was formed  
  Women were forced, or allowed, to work in time of war, esp WW 2  
 
For women & minorities, wartime fostered:
- greater freedom
- a greater opportunity to prove themselves
- an opportunity to learn about, & join, unions
- more power
 
  Unions that were created during WW 2 include the:
-  Sewing Women's Protective Benevolent Union
-  Working Women's Relief Association		  
  Today, important women's issues in the workplace include:
-  sexual discrimination
-  occupational sex socialization
-  occupational gender segregation
-  hiring patterns
-  comparable worth
-  sexual harassment
-  feminization of poverty
-  affirmative action		  
  Today, important civil rights issues in the workplace include: 
-  hiring patterns
-  comparable worth
-  affirmative action
-  institutional discrimination		  
 
 
  Women were instrumental in the struggle of the Pitson Strike of 1989  

 
External
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  Outline on  Gender & the Workplace
External
Links
  -  Project:  Gender & Race Socialization & / or Discrimination in the Workplace
Link
  -  Project:  Video:  North Country, Work, Gender
Link
  -  Video:  North Country, Work, Gender
Link
 
 -  Supplement:  Nontraditional Occupations for Women
Link
  -  Supplement:  Male Scientist Writes of His Life as a Female
Link
  -  Supplement:  Women Celebrate 20 Years of Smokejumping
Link
  -  Supplement:  As Leaders, Women Rule      2000.  Business Week Online
Link
  -  Supplement:  NYT: 'Comparable Worth' Makes a Comeback
Link
  INTRO:  THERE ARE NOW MORE WOMEN IN THE WKFORCE THAN MEN, BUT THEY STILL HAVE LOWER PAYING JOBS BECAUSE SEX ROLE SOCIALIZATION CREATES 'MEN'S JOBS' & 'WOMEN'S JOBS'   
  In the US & other industrial societies, women working for income is now the rule rather than the exception 59% of Am women are in the labor force  
  Women continue to enter a narrow range of occupations, w/ almost half in clerical or service work  
  The greater a job's income & prestige, the more likely it is that the position will be held by a male  
  Sex role socialization makes women less likely to complain about job discrimination  
  Professional jobs in previously male dominated fields pose special problems of access to women  
  The role performance expected in previously male dominated jobs includes behavioral styles characteristically associated w/ men  
  Women in many professions face a dilemma in that they can either conform to the expected role behavior of the job & appear unfeminine or they can follow the expected role behavior of their gender in which case they may be acting out of character for their occupational role  
  The dilemma of "the opposite sex" in a gender typed occupation creates a "Catch 22" situation in which "the opposite sex" has limited options for achieving acceptance & recognition (Kanter, 1977)  
  A survey of male lawyers found that half believed women lawyers were "tough & masculine" while the other half believed women lawyers were "weak & feminine" & said that women go to law school to "catch a man" (Deckard, 1979, p. 128)  
  THE FEMALE ADVANTAGE IS THAT THEY ARE MORE FLEXIBLE, DEMOCRATIC, INTUITIVE, MULTITASKING, ETC.   
  Women bring a "female advantage" to companies striving to be more flexible & democratic  
  While women are still underrepresented as mgrs of businesses, some social commentators, such as Sally Helgesen, see women as the business leaders of the future  
  Women's style of mgt is more democratic & flexible, & therefore able to adjust more easily to the fast changing, dynamic business env, or thrive in a firm where educated young professionals expect to be treated as individuals   
  In a recent article summing up their book, Megatrends for Women, Aburdene & Naisbitt describe women leaders as sharing the qualities of: 
a.  encouraging participation 
b.  sharing power & info 
c.  enhancing other people's self worth 
d.  getting others excited about their work		  
  While the qualities of effective women leaders, according to Aburdene & Naisbitt all sound "nice," the authors warn that this would be an oversimplification because these leader balance them w/ objectivity   
  Judith Hall, a psychology professor at Northeastern University, notes that women traditionally are better at interpreting body language & other non verbal cues   
  Women have a high tolerance for ambiguity & are able to juggle many things at once   
  People who see job performance as a series of transactions w/ rewards for services rendered or punishment for inadequate performance might misinterpret women's mgt style  
  People, both men & women often confuse a leader who is encouraging or sharing w/ a weak leader whom they do not take seriously only to find that they suffer the consequences  
  A female mgr's willingness to empower employees by asking them for help might, for example, look like ignorance, & as though she truly doesn't know what she is doing  
  Compared to male wkrs/ supervisors / mgrs, other employees, male or female, often feel freer to criticize a female wkr / supervisor / mgr, or to challenge her authority  
 
 GENDER SOCIALIZATION IN THE WORKPLACE IS INFLUENCED BY FIVE FACTORS, INCLUDING: 
a.  OCCUPATIONAL GENDER SOCIALIZATION 
b.  COMPARABLE WORTH 
c.  SEXUAL DISCRIMINATION 		 d.  SEXUAL HARASSMENT 
e.  GLASS CEILING 
 
  a.  OCCUPATIONAL GENDER SOCIALIZATION ( OGS ) IS THE PROCESS WHERE WE ARE SOCIALIZED TO BELIEVE THERE ARE 'MEN'S JOBS' & 'WOMEN'S JOBS'   
  OGS is socialized through the socialization processes of modeling & identification  
  Occupational gender socialization is a concept denoting that there are men's jobs, & there are women's jobs
Doctor     Nurse          Manager    Worker
Janitor     Secretary    Lineman    Operator
Firefighters, police, soldiers are more likely to be men
Teachers, daycare workers, elder care workers are more likely to be women		  
  Occupational segregation is a pattern whereby two groups, most often men & women, hold different kinds of jobs  
  Occupational segregation is the stratification ( system of division & differing rewards ) of the occupational system  
  Occupational gender segregation  denotes that our culture recognizes that there are male jobs & there are female jobs  
  Occupational gender segregation is the concentration of men & women into different occupations, even when they have similar levels of skill & training  
  For example, we "know" that janitoring is male & nursing is female   
  Over one half of all working women are employed in clerical & service jobs  
  In fact, nearly half of all working women have been concentrated in just three occupations: secretary, nurse, & teacher  
  Women who entered the world of work found that their experience was different from men, including occupational segregation, pay, promotions, training, etc.  
Link
 What message does occupational gender socialization give?   
  b.  COMPARABLE WORTH DENOTES THAT WOMEN & MEN DOING THE SAME LEVEL OF WORK, SHOULD GET PAID THE SAME   
  Today women earn about 60 - 75 % of what men earn, & there has been little change in the last decade  
  The biggest actual change in status of women, so far, has been the large pay increases that have brought the salaries of women closer to men's  
  See Also:  Comparable Worth  
  c.  SEXUAL DISCRIMINATION OCCURS WHEN WOMEN, OR OTHER GRPS, ARE TREATED DIFFERENTLY   
  Sexual discrimination at work is the treating of people unequally based on their gender w/ respect to raises, promotions, perks, etc.  
  d.  SEXUAL HARASSMENT OCCURS WHEN A PERSON IN ANNOYED OR VEXED BECAUSE OF THEIR GENDER   
  Sexual harassment is a form of sexual discrimination where an employee is 
- forced or asked by another employee or customer to give sexual favors
- exposed to unwelcome behavior w/ sexual content
- hired, promoted, etc. based on explicit or implicit sexual submission
- subjected to sexual content which creates a hostile, intimidating or offensive environment		  
  Sexual harassment refers to comments, gestures, or physical contact of a sexual nature that are deliberate, repeated, & unwelcome   
  Women are more likely to be sexually harassed & while the sexual harassment of men is rare, it is not unheard of   
  Some sexual harassment is blatant, but much of it is subtle, & thus difficult to prove in a court of law   
  See Also:  Sexual Harassment  
  e.  THE GLASS CEILING DENOTES THAT DISCRIMINATION INCREASES DRAMATICALLY AT OR ABOVE THE MID MGT LEVEL 
 
  The concept of the glass ceiling denotes that the "old boy network" is the most powerful at the top  
  The concept of the glass ceiling is consonant w/ the stratification theorists' position that an "inner group" of elite men are extremely powerful in western, industrial society  
 
 In its simplest form, the glass ceiling is the reluctance to place women in positions of authority
 
Link
 For the courts to rule that gender discrimination has occurred, the plaintiff must show specific damage; i.e., the courts have not allowed statistical discrimination as proof  
  THERE ARE SIX CAUSES OF OCCUPATIONAL GENDER SEGREGATION, INCLUDING: 
1.  COMPETING EXPECTATIONS OF WOMEN
2.  LESS ACCESS TO OJT 
3.  INDIVIDUAL OR INSTITL DISCRIMINATION 		 4.  CULTURAL LAG 
5.  HIGHLY UNIONIZED MEN'S JOBS 
6.  SEX ROLE SOCIALIZATION 
 
Link
 1.  THE COMPETING EXPECTATIONS OF WOMEN, WHICH ARE OFTEN RELATED TO FAMILY & CHILD REARING, ARE OFTEN GREATER THAN THOSE FOR MALES 
 
 
 The practice of women leaving the work force to raise small children is becoming less common
 
  Women's entry into the labor mkt has not substantially reduced their involvement in housework, as husbands have resisted increasing their participation in these task  
  Women who live w/ significant other males & work equal or more numbers of hours outside the home typically perform over 70% of household chores  
  The household chores women perform on top of their full time job is frequently called the second shift by social scientists & feminists   
  2.  WOMEN HAVE LESS ACCESS TO OJT (On the Job Training ) BECAUSE OF THE COMPETING EXPECTATIONS   
  Less OJT makes Women less competitive as workers  
  One of the most difficult problems to overcome in leveling the playing field on the job btwn men & women is that women have babies & men don't  
  What is the solution to this?   
 
 3.  INDIVIDUAL OR INSTITL DISCRIMINATION OCCURS WHEN WOMEN, OR OTHER GRPS, ARE TREATED DIFFERENTLY   
  Individual or institutional discrimination includes FOUR major types
     i. Less access to OJT
     ii. Hiring Patterns
    iii. Steering:  Channeling:  "men's" jobs pay better.
     iv. Occupational Segregation		  
 
 4.  CULTURAL LAG OCCURS WHEN DIFFERENT SPHERES OF SOCIETY, ESP W/ RESPECT TO CULTURE, DEVELOP AT DIFFERENT RATES, CAUSING CONFLICT BTWN THE SUBCULTURES OF SOCIETY 
 
  Cultural lag results in lower pay for women because better pay for men's work is partially a carry over from family wage days   
        See Fordism  
  5.  HIGHLY UNIONIZED MEN'S JOBS, HAVE THROUGH THEIR OWN HISTORIC STRUGGLE, EARNED HIGHER WAGES COMPARED TO THE NON UNIONIZED SECTOR   
  Men's jobs were more highly unionized creating a pool of male jobs w/ more pay & security
Historically, unions were patriarchal & white
Today unions are very active in women's sectors & non-white sectors of employment		  
  6.  SEX ROLE SOCIALIZATION IS THE PROCESS WHERE WE ARE SOCIALIZED TO BELIEVE WE SHOULD TAKE 'MEN'S JOBS' & 'WOMEN'S JOBS,' AS APPROPRIATE   
  Sex role socialization occurs in all the social structures & it: 
- reinforces “correct” jobs for men & women
- makes women less likely to complain		  
 
 GENDER PAY DIFFERENTIAL IS IMPROVING BUT AT THE CURRENT RATE WILL TAKE DECADES MORE TO EQUALIZE   
  The average female full time worker earns about 77 cents for every dollar earned by a male full time employee   
  In general it has been shown that the more women that work in an occupation, the lower the pay of that occupation  
  Historically, the movement of women into an occupation has lowered pay & status as is the case in secretarying, teaching, & nursing  
  Historically, the movement of women out of an occupation has increased pay & status as is the case w/ factory work  
  The best predictor of whether a family's income will fall below the federal poverty level is the sex of the primary breadwinner  
  The fact that being a woman has become associated w/ being poor is termed the feminization of poverty  
  Among families w/ a female householder, the poverty rate in 1986 was over  34%, which is over twice the total poverty rate  
  Working class women are especially hurt by the low wages earned by women  
  Occupational gender segregation explains some of the difference in pay for men & women  
  THE EIGHT REASONS FOR GENDER PAY DIFFERENTIAL,( besides occupational gender segregation ) INCLUDE:
1.  HIRING PATTERNS 
2.  COMPETING EXPECTATIONS OF WOMEN 
3.  LESS ACCESS TO OJT 
4.  OUTRIGHT DISCRIMINATION 		 5.  CULTURAL LAG 
6.  HISTORICALLY LOW PAY 
7.  FEW UNIONIZED FEMALE JOBS 
8.  MEN W/ FEW COMPETING EXPECTATIONS & MORE OJT 
 
  All of the factors which cause genders socialization in the wkplace & OGS also contribute to gender pay differential   
  1.  HIRING PATTERNS REINFORCE GENDER SOCIALIZATION IN THE WKPLACE & OGS AS THEY HIRE MEN FOR 'MEN'S JOBS,' ETC.   
  Most of the gender pay differential results from the different kinds of jobs held by men vs. women  
 
 2.  THE COMPETING EXPECTATIONS OF WOMEN, BECAUSE OF FAMILY & CHILDREN, HAVE HISTORICALLY PULLED WOMEN AWAY FROM THE WKPLACE & THEREFORE MADE THEM LESS VALUABLE WKRS
 
  The greater responsibility for family & childcare tasks that our society has traditionally assigned to women is another factor explaining the earnings differential  
  3.  LESS ACCESS TO OJT REDUCES SKILL & EXPERIENCE   
  that women seem to have less access than men to OJT that increases their skills  
  4.  OUTRIGHT DISCRIMINATION OCCURS WHEN MGRS BELIEVE WOMEN SHOULD BE PAID LESS BECAUSE THEY ARE SUBORDINATE TO MEN  
  Some male & female mgrs still see women's wk are a mere supplement or part time addition to family income because the man should still be the primary breadwinner   
  5.  CULTURAL LAG OCCURS WHEN SOME PEOPLE RETAIN TRADITIONAL PATRIARCHAL VALUES   
  Cultural lag; i.e., a carry over from the days when it was widely believed that men should be paid more because they were more likely to be supporting a family  
  6.  HISTORICALLY LOW PAY RESULTS IN THE FACT THAT WHILE WOMEN MAY GET RAISES EQUIVALENT TO THOSE OF MEN, THEY ARE STARTING AT A LOWER PLACE   
  The fact that employers do not want to raise pay in occupations that have historically had low pay  
  7.  FEW UNIONIZED FEMALE JOBS HAVE CONTRIBUTED TO LOW FEMALE WAGES, BUT TODAY TRADL WOMEN'S JOBS ARE BEING UNIONIZED AT A HIGH RATE   
  The fact that predominantly male occupations are more highly unionized, & therefore pay better, than are predominantly female occupations  
 
 8.  MEN W/ FEW COMPETING EXPECTATIONS & MORE OJT CONTINUES TO BE THE NORM TODAY, GIVING THEM AN ADVANTAGE AT WORK, BUT IT IS SLOWLY EQUALIZING AS SMALLER FAMILIES BECOME THE NORM, & MEN CONTRIBUTE MORE TO THE FAMILY 
 
  Men do not bear children & therefore get more experience, OJT, etc.  
  One of the most difficult problems to overcome in leveling the playing field on the job btwn men & women is that women bear children, men don't   
  Pregnancy Leave Act of 1993 was passed by the Clinton Administration & it allows females 6 weeks unpaid leave following pregnancy, but allows men no leave  
  Our culture is now establishing norms over gender relations in the workplace, & YOUR generation will develop them more  
 
 WOMEN HAVE DEVELOPED STRATEGIES TO CONFRONT SEXUAL HARASSMENT WHICH RANGE FOR ACCEPTING IT TO FIGHTING IT ON THE SHOP FLOOR, TO LEGAL DEFENSES 
 
  Victims of sexual harassment find it very difficult to report the violation  
  Based on her study of an underground coal mine, Yount, 1991, developed a typology of three strategies that female coal miners used to confront sexual harassment  
  See Also:  Sexual Harassment  
  There are FIVE general strategies to confront sexual harassment in the workplace which include
 
  a.  LADIES USE TRADL GENDER RELATIONS OF RESPECT FOR WOMEN TO DISARM SEXUAL HARASSMENT   
 
 Ladies confront sexists as gentlemen w/, for example, “Why sir, what would your mother say?”
 
  Yount found that Ladies cast their co-workers as gentlemen & socially w/drew  
  b.  FLIRTS USE TRADL GENDER RELATIONS OF SEXUALITY TO DISARM SEXUAL HARASSMENT   
 
 Flirts confront sexists w/ sexuality w/, for example, “I save that for my favorite men, & you haven't qualified... yet.”
 
  Yount found that flirtatiousness encouraged come ons from men & sometimes resulted in more severe harassment if the men perceived that the women were using this strategy to gain preferential treatment  
  c.  TOMBOYS USE TRADL GENDER RELATIONS OF FEMALE TOKENISM TO DISARM SEXUAL HARASSMENT   
 
 Tomboys confronting sexists w/ balance w/, for example, “I would, but you're better suited for Joe!”
 
  Tomboys emphasized their occupational role & engaged in joking relationships w/ their male co-workers  
  d.  GIRLS USE TRADL GENDER RELATIONS OF SUBMISSION TO TRY TO AVOID OR IGNORE SEXUAL HARASSMENT   
 
 Girls do not confront sexists but ignore it, or w/draw
 
  Girls' role of non confrontation & w/drawl may work if the harassment is not too severe; however, it risks the possibility that passivity may evoke more severe harassment  
  e.  TODAY'S WOMEN USE THE NON TRADL METHOD OF LEGAL REDRESS, IN THE ORG OR IN THE COURT SYSTEM, TO DEFEAT SEXUAL HARASSMENT   
 
 e.  Today's Woman confronts sexists w/ legal or formal action w/, for example, the statement that, “That's harassment.  I'm filing a complaint.” 
 
  Today's women's, strength & resolve of the direct confrontation of illegal & boorish behavior will cause most harassers to back down  

 
Top  
What message does OGS give? 

Men are more capable, worth more, etc.


 
Top  
The courts & gender discrimination

1970   ATT   $ 52 mm to 3,600 females
1973   US Steel   $ 31 mm to 61,000 females & minorities
1978   GE   $ 29 mm to females
1980   Ford   $ 23 mm to minorities
1996   Texaco agrees to pay  $ 1.5 bb for discrimination


 
Top  
a. Examples of Competing Expectations of Working Women

Women miss more work to care for family
Women have babies:  interrupted career track
Women take principle responsibility for home duties      (see Gender & the Family      Link )
But these are societal assumptions:
Despite competing expectation, the reality is that Women devote more time to work than men


 
Internal
Links

Top
 Outline on  Discrimination at Work
External
Links
  -  Project:  The Cultural Division of Labor 
Link
  -  Project:  The Individual, Organizational, & Institutional Discrimination 
Link
 
 THE DREAM OF EQUALITY IN THE WORKPLACE, THROUGHOUT SOCIETY, IS MOVING TOWARD REALITY 
 
 
 I have a dream that one day this nation will rise up, 
 live out the true meaning of its creed; 
 we hold these truths to be self evident, 
 that all men are created equal. 
  Martin Luther King, August 27, 1963
  
 
 THE CULTURAL DIVISION OF LABOR DENOTES THAT PEOPLE CHOOSE OCCUPATIONAL ROLES BASED ON CULTURAL IDENTITY, WHICH IN SOCIETY TODAY IS A FUNCTION OF GENDER, RACE, CLASS, & OTHER FACTORS 
 
  The cultural division of labor channels people into certain occupational roles based on cultural identity   
 
 That is, men into "men's jobs,"  women into "women's jobs,"   etc. 
 
 
 The cultural division of labor has existed from the time of hunter gatherer society, through antiquity, the middle ages, & into the industrial era 
 
 
 Today,  minorities & women are disproportionately concentrated in certain occupational roles that are low paying agricultural, factory, & service jobs 
 
  But since the 1960s, sizable middle & upper classes of minorities & women have formed, & continues to grow today   
 
 The cultural division of labor is also known as occupational segregation 
 
 
 Imperialist oppression occurs in the workplace when conquered peoples are relegated to lower level jobs & to slavery 
 
  Economic imperialism occurs in the workplace when immigrants concentrated in particular sectors   
 
 Examples of economic imperialism in the US include the concentration of SE Asians in the meat packing industry the use of immigrants as strike breakers to break unions 
 
 
 Today in Germany, Turkish workers are colonized & treated as second class citizens even though Germany has a strong Labor Movement & Labor Party 
 
 
 DUAL LABOR MKTS, CAREER LADDERS, ETC. ARE MORE ACCURATELY DESCRIBED AS ADVANCMENT MAZES IN WHICH INSTL BIASES OF THE PAST MAY LIMIT EQUAL OPPORTUNITY 
 
 
 Most labor mkts have more than one track: 
 
 
 Many labor mkts have a promotion track, aka the "fast track" 
 
 
 Many labor mkts have more than one set of jobs ( a tracked division of labor ) 
 
 
 Dual labor mkts are common & those w/ one track for the "insiders" or the "old boy" system are illegal or unjust 
 
 
 Legal dual labor mkts include: 
 
 
 - internal & external labor mkts   
 
 - affirmative action tracking   
  - career or specialization tracks, which are often based on education or certification   
  - education tracks   
  - part- or full time tracks  
  - permanent or non permanent / tenure or nontenure tracks   
  Non sanctioned labor mkts are those that are not specifically designed, but have evolved over time   
  Non sanctioned labor mkts may or may not be legal   
  An example of non sanctioned labor mkts includes:   
  - gender typed jobs   
  - race typed jobs   
  - age typed jobs   
  - nationality typed jobs   
  Through childhood socialization, we learn gender typed skills & expectations about appropriate work   
  Non sanctioned labor mkts are seen in the careers of teaching, nursing, secretary, waitressing, & laboring, powerline construction, janitoring, doctors, etc.   
  Subjective criteria in job hiring & promotion include intelligence, appearance, self confidence, vigor   
  Role performance is associated w/ maleness in that men are seen as aggressive/sharks while women are bitches   
  The worth of the role performances of men & women is a classic Catch 22, i.e. a social win - lose situation   
 
 OVERT RACIAL DISCRIMINATION HAS TRANSFORMED INTO INSTITUTIONAL, & OTHER SUBTLE FORMS, WHICH LIMIT EQUAL OPPORTUNITY 
 
 
 Overt discrimination has declined but, it has "evolved" into subtle or low level discrimination, organizational discrimination, & institutional discrimination 
 
 
 Legal debates over discrimination at work 
 
 
 Much progress has been made since the turn of the century 
 
 
 Much progress has been made since Civil Rights Movement which occurred primarily in the 50s & 60s 
 
 
 Little more progress has been made in last 20 yrs because it is very difficult to prove a case of discrimination 
 
 
 Individual discrimination is any behavior that intentionally or unintentionally treats people differently or unfairly or favors one person or group on the basis of race, ethnicity, sex or some other characteristic 
 
  Subtle discrimination occurs when people discriminate but do so within or at the edges of the law or orgl rules by disguising their prejudice & discrimination in legal criteria of decision making   
  An example of subtle discrimination occurs when a man says he does not support a woman for the job because he does not like women, but says that she is not as professional as the other candidate, thus disguising his prejudice   
 
 Organizational discrimination occurs when people are cooperating or conspiring in individual acts of prejudice, discrimination, etc.   
  Conspiracies are considered to be a much more serious type of crime than one person working alone   
  Orgl discrim can occur if one or more people are discrim, & one or more people are not directly involved but are aware of the discrim, & are looking the other way   
  Institutional discrimination is the behaviors or arrangements in social institutions or any social arrangement that intentionally or unintentionally favors one race, sex, ethnic group, religion, etc. over another   
  Institutional discrimination is the widespread practices and arrangements within social institutions that have the intent or effect of favoring one race (usually the majority group) over another (usually the minority group)   
  Institutional discrimination is the systematic practices that lead to inequality between groups, i.e. men & women, whites & blacks   
  The difference between individual & institutional discrimination is that if an individual action is part of a larger, systematic pattern, then it is institutional   
Link
 Examples of the difference btwn individual, organizational, & institutional discrimination   
 
 Women & minorities have broken barriers in the workplace   
 
 But a large movement to equality in the workplace is occurring day by day   
  Each legal case over discrimination at work must be individually argued   
  Criteria for comparability of cases on workplace discrimination can be endlessly debated   
  The demand for proving an intention to discriminate is a strong defense for those that do discriminate   
  Factors affecting the amount of discrimination in the workplace   
  1.  The unemployment rate & the number of lay offs   
  2.  Jobs do not pay proportionally to the amount of wealth they create   
  3.  Jobs pay proportionally to the amount of labor available to do the job   
  4.  The economics of the labor market examines the supply & demand of labor   
  5.  Unions impact the supply of labor & thus increase the power of labor in the mkt   
  6.  The amount of racism / discrimination in society   
  7.  Culture   
  8.  Religion   
  9.  Legality of discrimination   
  10.  The economic & political power of the classes below the ruling or upper class   
  11.  The amount of equality in society   
  The consequences of discrimination at work include   
  a.  Internal Colonization   
  Internal colonization can cause the deterioration of the life style of individuals, & also entire communities & even regions   
     The Appalachian Coal Region   
     The Steel & Auto Regions   
  b.  Unemployment, unemployment compensation, severance pay   
  c.  Welfare   
  e.  Plant closing legislation   
  f.  Underemployment   
  g.  Poverty & related social problems   
  h.  Social conflict / social change   

 
Top  
Examples of the difference btwn individual, organizational, & institutional discrimination 

Individual Discrimination: 
One racist cop may be involved in individual discrimination 

Orgl Discrimination: 
But if cop is part of Dept that looks the other way, that is organizational discrimination 

The line btwn individual discrimination & organizational discrimination is not clear because one or more people in an org may be discriminating but they are not aware of each other or cooperating 

When people are aware of other's cooperation in discrimination, this is orgl discrimination 

Institutional Discrimination: 

Policies which control where police forces are deployed, such as allocating detectives to high value crimes, is institutional.  But if the same activity was done not because of a policy but because of individual discrim, i.e. the police did not want to investigate low value crimes because of prejudice, this is individual discrim.  And if the same activity was done because of the prejudiced beliefs of a grp of officers, this is orgl discrim. 

The differences btwn individual, organizational, & institutional discrimination is important because detection & solutions lie in different areas 


 
Internal
Links

Top
 Outline on the Environment of the Labor Movement: 
Factors Impacting Unions & the Labor Movement
External
Links
  From a sociological perspective, the "environment" is made up of TWO aspects which have form & content, social structure & culture  
  a. Social structure is the form & shape of society which occurs on many levels from the personal level to the small group level to the organizational level to the societal level  
  In Labor relations, the primary concern is w/ TWO of the ten social structures including the:  
     i.  economic system  
     ii. government or political system  
  b. Culture is the content of society which is the societal aggregation, the collective consciousness of knowledge, beliefs, values, & norms  
  Culture is manifested in the values, ideology, interests, etc. of people inside & outside of the Labor Movement  
  History is constructed of, & constructs this environment of social structure & culture  
  More specifically, Labor has to struggle with:  
  -  employers who did not see them as legitimate  
  -  the media who did not see them as legitimate  
  -  a public who did not see them as legitimate  
  -  courts that enjoined & punished collective activity  
  -  Congress & the President who have no legislative support & first, then some mixed support  
  -  competition from immigrant labor  
  Unions arise as a collective response to exploitation & alienation
 
  The emergence of unions as a collective response to exploitation & alienation occurs w/ the development of class consciousness
 
  See Also:  Ideology, Class & False Consciousness  
  The first stage in the development of class consciousness at work it often a personal reaction to exploitation at work characterized by w/drawl, quitting, apathy, depression, etc.
 
  The second stage in the development of class consciousness at work is that often the informal wk grp becomes a medium for airing complaints, but actions are few & largely personal
 
  In the second stage, the wkr may come to rely on family, community, ethnic group, etc. for support in relation to problems at work  
  The third stage in the development of class consciousness at work is organized collective action which requires leadership from one or more workers
 
  In order for wkplace organizing to take place, wkrs must overcome the paralyzing fear of mgt, recognizing that some fear will always be present
 
  The reasons & development of collective responses to conditions at work are essentially the same throughout history whether the worker is a peasant in Egypt  in 2000 BC or a programmer in Redmond, OR at Microsoft in 2000 AD
 
  The dual economic development ( of agriculture & industry ) impacts unionization in US
 
  Agrarian capitalism allowed small farmers to grow
 
  Industrialization & urbanization & concentration of agriculture encouraged shift from small farmer to the industrial worker  
  Factory work was low pay & low status & employed mostly women & children  
  This established the mode of a high level of control in factory work  
  Early manufacturing work had been done by crafts & guilds  
  This system of early manufacturing was destroyed by the assembly line & the division of labor  
  As males moved into the factory, family wage arose & status, authority, etc. increased marginally  
  The env of the Labor Mvmt includes all the social, historical, cultural, & political factors that make up society  
 
 The env of the Labor Mvmt includes the history of 
- racial discrimination
- gender discrimination
- conflict btwn labor & mgt
- war
- econ growth & decline
- globalization
- deindustrialization
- technological development
& more		  

 
Internal
Links

Top
 Outline on Labor Movement Strategies & Philosophies
External
Links
  -  Project:  Uplift Unionism v. Business Unionism
Link
  Union strategies & philosophies have evolved over time
 
  In any org, there is no strict dividing line btwn any of the types of strats or phils, rather, each org has it's own unique blend that ultimately defines it's character
 
  Today it is generally accepted that labor mgt relations are essentially a combination of corporatist & business unionism
 
  The corporatist philosophy & business unionism were arrived at during the struggle to establish Labor as a legitimate social actor & essentially came to be accepted through what has been called the Great Labor Compromise ( GLC )  
  The GLC held that unions deal only with traditional areas including wages, hours, benefits, & working conditions, & will not form a Labor party  
  Union Philosophies:
 
  The corporatist strat holds that the employment agenda is jointly governed by unions, employers & the govt
 
  The corporatist strategy is well established in Europe but has receded in US  
  The uplift unionism strat focuses on social issues & seeking improvement for working class
 
  An example of uplift unionism is seen in the practices of the NLU (Nat Labor Union) of the mid 1800s  
  The revolutionary unionism strat creates an alternative to the cap system through worker ownership of major means of production
 
  An example of rev unionism is seen in the practices of the IWW (International Workers of the World) in the US; as well as, Marx, Rosa Luxemborg, et al in Europe in the 1800s  
  The business unionism strat has an emphasis on short term, tangible objectives; aka bread & butter issues such as
     wages retirement
     working conditions health care
     job security disability
 
  An example of the biz union strat is seen in the practices of the AFL & Gompers, who lead  from 1886- 1924, wherein the AFL adopted a posture that came to be known as “business unionism.”   
  Following Gompers, who lead the AFL from 1886 - 1924, when he died, Am labor embodied a corporatist, business union philosophy
 
  The predatory unionism strat is seen in the practice of gaining members from other unions or worker orgs or of gaining strategic goals of the union at the expense of some or many members
 
  An example of the predatory unionism is seen in the practices of the UMWA & competing unions during many UMWA strikes  
  Today a common union focus is on:
-  wages & other "traditional issues"
-  helping the working class in general
-  & much less on creating a workers' owned system
other?
 
  Today a common union method includes:
 
  -  the individualist tactic called action by action, whereby the union is expanded on a strike by strike basis
 
  -  national actions & international actions
 
  -  political lobbying: whereby the Labor Mvmt supports the passage of  laws supporting the union focus, or to create trilateral systems to manage employment relationship
 
 
 National Union Strategy & Planning  
  Unions have been closely examining strategy since before the Reagan admin (1980) because of loss of membership  
  Unions have taken on the best strategic planning methods known  
 
 Strategic planning often conflicts w/ the democratic process because democratic processes are often short term in focus while strategic planning is often more long term in focus  
 Link
 See Also:  Figure 4 - 2:  A Union Strategic Planning Model  
  The Figure on the Union Strategic Planning Model delineates a clear, sophisticated planning process similar to those used by most modern, rational orgs  
  Alternative Representation  
  Alternative representation occurs when unions create associations and other forms of bargaining units w/ a variety of employees who have a varying level of union affiliation
 
  W/ alternative representation, associated members pay only service fee
 
  Alternative representation is popular among professionals, public sector workers, part time wkrs, et al
 
  Alternative representation addresses new issues which concern wkrs
 
  Alternative representation often a good precursor to unionization
 
  See Also:  Types of Bargaining Structure Units  
  Some Unions Strategies:  
  Corporate campaigns occur in difficult organizing situations, when Labor pressures a corp, w/ PR campaigns, as well as those corps whose officers are members of the boards of the target corps 
 
  Corp campaigns are often used on the banks of target corps
 
  A political action committee (PAC) is formed when employers, unions or whatever org raise & disburse $ to support political candidates & initiatives
 
  Unions which utilized PACs believe they need to move off of firm level bargaining as a principal mission towards a broader approach
 
  For unions which move from firm level bargaining, other strategy types include:
-  collective bargaining at the industrial level
-  legislation, & other legislative actions
-  mutual insurance
-  confrontation, including strikes, picketing, educating, boycotts, etc. at the ind level
 
  Most orgl analysts believe that strategy determines structure  
  Most orgl analysts agree that structure should ultimately be determined by strategy, though in many orgs there is a dysfunctional disjunction btwn the two  
  Strategy & structure are determined by goals  
  Goals must take into account the orgl mission & the env  
        see Figure 4 - 4  
 
 The Business Approach  
  From the days of the AFL, most major unions have taken a business approach  
  The business approach attempts to enhance econ outcomes & address grievances  
  Unions have ceded the right to make innovations in the workplace to the firm  
  Unions have not intruded on the property rights of owners & mgrs  
  Firms make hiring decisions w/o union intervention except when union supplies workers (building trades)  
  Union have strongly pushed the regulation of health & safety OJT  
  Unions pushed legislation for the regulation of health & safety in the workplace  
  Unions have negotiated for some rules related health & safety in the workplace  
  Unions generally do not include health & safety regulation in the contract  
  Why not do it all as contract rules?   
  The Great Labor Compromise ( GLC ) established a form of the corporatist approach to labor relations   
  In the Am corp approach, employers, unions & govts are all actors in the evolving employment relationship
 
  Prior to the Railway Labor Act ( RLA ) of 1926, w/ the exception of WW 1, employers & unions used their sheer bargaining power to deal w/ each other w/o govt involvement
 
  During this period, employers had more power & relied on property rights as enforced by the courts, to crush unions, except where workers controlled access to the acquisition of skills
 
  In 1926, the RLA established the National Mediation Board ( NMB ) which brought the govt into the labor relations in the transportation sector  
  In 1936, the Wagner Act established the legitimacy of unions for non transportation employees  
  In 1947 the Taft Hartley Act shifted the corporatist approach more toward employers advantage & established the FMCS  
  US labor relations have repeatedly seen the waxing & waning of the corporatist approach
 
  Federal govt involvement in labor relations generally increased through the passage of the the RLA, the Wagner Act, & the Taft Hartley Act
 
  The courts have generally held that property rights take precedence over the right to organize & collectively bargain
 
  Juridical decisions awarding supremacy of property over labor have limited fed govt involvement in labor relations  
  At the same time, courts & statutory law increasingly endorsed the legitimacy of unions & the role of collective bargaining in resolving labor mgt disputes
 
  Fed govt involvement in labor relations was at its peak btwn WW2 & the mid 1970s
 
  During WW 2 all wages & prices were administered, & strikes were prohibited
 
  Thus mgt & labor needed the approval of the Govt for all agreements, & disputes had to be settled w/o strikes even if govt intervention was required
 
  Taft Hartley laid the ground work for more Fed involvement in labor relations through the FMCS & national emergency dispute procedures
 
  Over the next 20 years, ( 1947 - late 60s ), Presidents have followed Truman & invoked cooling off periods, but only on a limited basis
 
  And it is common to call parties to Washington to "jawbone" them into settling  
  This corporatist approach worked reasonably well during the period in which productivity was growing at an annual rate of 3 % & inflation was low  
  By the end of the 1960, labor relations enter the Post Industrial Era, & inflation became an issue because it eroded the earning power of the average worker & thus began the unraveling of the GLC & the corporatist approach  
  In the Post Industrial Era, the parties began taking a harder line in negotiations  
  Labor was not willing to adhere to the wage & price controls of the Nixon administration  
  While it was not then readily apparent, the globalization of the econ was beginning, fueled by the Arab oil embargo of 1972 - 73  
  See Also:  Deindustrialization  
  See Also:  Globalization  
  The Western econ was becoming more integrated, bringing in labor & product competition from Europe & Japan  
  The Western econ was becoming more closely tied to the rest of the world, the second (developing ) & third world ( undeveloped )  
  The corporatist approach essentially ended w/ the election of Reagan in 1980  
  Reagan reduced the regulatory role of govt by cutting the number of govt workers  
  Mgt. had already begun taking a harder line since the late 1960s, but w/ Reagan, mgt. became even more aggressive   
  While mgt had taken a harder line on economic issues since the 1960s, they became even more aggressive & aggressively stepped up the tactics of union avoidance & union decertification  
  Reagan fired & replaced striking Federal Air Traffic Controllers w/ private sector employees  
  The confrontation w/ air traffic controllers threw down of the gauntlet to Labor since the controllers were both fed wkrs & skilled labor  
  No significant legislation or regulations have been enacted since Taft Hartley in 1947, & the Presidents following Reagan, ( Bush, Clinton, Bush ) have taken a laissez faire approach to labor relations thus leaving the corporatist approach balanced as Reagan designed it  

 
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Figure 4 - 2:  A Union Strategic Planning Model
1.  Define the mission & purpose 2.  Scan the environment 3.  Identify strengths, weaknesses, opportunities, threats
4.  Develop objectives, goals, targets 5.  Form strategy & an action plan 6.  Evaluate & reiterate
The Figure on the Union Strategic Planning Model delineates a clear, sophisticated planning process similar to those used by most modern, rational orgs

 
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Outline on  Labor Legislation
External
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Types of Law: 
  
    Common or juridical law:  is law made by the decisions of courts, usually Fed District Cts or the Sup Ct; also includes unwritten law based on usage & custom as distinct from statute law   
    Statutory law is law established. by legislatures   
    Laws are made by fed, state, & local legislatures & by many courts   
    Civil law pertains to the private rights of individuals & to legal rights in the ordinary affairs of life   
    Rules are the "law" established by govt agencies as they implement common, statutory law, or executive orders   
    Executive Orders are "rules" written by the President which have the force of law in telling govt agencies how to operate   
    Examples of rules include 
-  the NLRB rules on elections 
-  the EPA's rules on emissions 
-  the school board's rules on the dress code 		  
    Criminal Law is law that govt will help an individual prosecute; it will be their advocate as typically embodied in the county, state, or fed prosecutor   
    In most cases, the govt will not help an individual prosecute civil laws, but the govt will prosecute criminal law for an individual 
 
    Examples of govtl involvement in law can be seen in that a prosecutor will prosecute someone who robs another, but if a person tricks an individual out of their money, the aggrieved person must sue   
   
Labor Law: 
  
 
1890
 The Sherman Anti Trust Act was designed to bust the trusts, but was used against Labor   
 
1914
 The Clayton Anti Trust Act revised the Sherman Anti Trust Act by removing the provisions that prevent Labor Organization & by adding more teeth to its anti trust aspects   
 
1926
 The Railway Labor Act estbed an early mediation board to resolve labor mgt conflict; involved the govt in the transportation sector; estbed emergency boards to impose solutions, all of which were labor mgt relations innovations which were embodied on other laws in other sectors   
 
1932
 The Norris LaGuardia Act, along w/ the Wagner Acts, set most rules for representation & bargaining rules & formed the NLRB   
 
1933
 The National Industrial Recovery Act (NIRA) presaged imp sections of the Wagner act in that it guaranteed the right to form a union, it assisted mgt & labor in resolving conflict, etc.   
 
1934
 The Copeland Anti Kickback Act prohibits kickbacks as required part of continued employment   
 
1935
 The Wagner Act, along w/ the Norris LaGuardia Act, set most rules for representation & bargaining rules & formed the NLRB   
 
1937
 Labor Court Cases:  In NLRB v Laughlin Steel, the Wagner Act was upheld because Roosevelt packed the Supreme Ct   
 
1936
 The Brynes Act made it illegal to recruit & / or transport people across state lines to interfere w/ picketing, organizing, etc.   
 
blank
 The Smith Connally Anti Strike Act, aka the War Labor Dispute Act minimized the impact of labor mgt conflict during WW 2   
 
1947
 The Taft Hartley Act (Truman) estbed unfair labor practices by unions   
 
1959
 The Landrum Griffin Act (Eisenhower) estbed a labor union member bill of rights   
 
1962
 Executive Order 10988 (JFK) allows public sector workers to join unions   
 
1970
 RICO was passed to fight organized crime & was also used to fight corruption in unions   
 
1974
 The Amended Wagner & Taft Hartley Acts (Nixon) wrote EO 10988 into law, estbing organizing rights for public employees   
 
1976
 The Civil Service Reform Act codified (made into law) EOs 10988, 11491, 11616, 11838 which estbed the Federal Labor Relations Authority, the equivalent of the NLRB, & estbed the requirements & mechanisms for impasses of contracts & grievances   
    Failed labor law in the 70s   
    The Common Situs Picketing Bill would have permitted unions to picket any site involved in a labor dispute   
    If the Common Situs Picketing Bill has passed, a a single union could've shut down a site, but it was vetoed by President Ford in 1976   
 
1977
 A bill authorizing punitive damages for employer violation of labor contract died in the Senate   
 
1990
 Alternative Dispute Resolution & Rulemaking Act helps the FMCS offer alternative dispute resolution   
    Labor Law Reform   
    The NLRB under Reagan & Bush had Labor leaders saying they would be better off w/o the NLRB!   
    Clinton has been more favorable to Labor than most recent Presidents w/ the exception of his support for NAFTA   
    Clinton recommended penalties for businesses who stall during organizing elections   
    The 1994 Republican Landslide, lead by Newt Gingrich, dashed hopes for labor law reform   
 
1992
 Work teams, QCs, etc.   
    In the court case, Electromation Inc.  309 NLRB No. 163 (1992) held that such practices as QCs, etc. violated the Wagner Act   
    Mgt & labor stay w/in the bounds of the Electromation decision by limiting the scope of employee involvement programs   
    The "Team Act" was vetoed by Clinton in 1996 to applause of Labor because it would have changed OT rules, allowing the owner schedule wkrs to work 4 10 hr days w/o your permission, with no OT   
    Currently Labor & Mgt. advocates want reform to allow work teams--   esp to Wagner Act Section 8(a)2   
 
1996
 NAFTA  
    - often include min labor standards that usually are not met by 3rd world countries, most treaties have few enforcement measures   
    - was vehemently opposed by Labor   
    - was supported by Clinton & Republicans (except Buchanan)   
    - was opposed by Labor because they feared losing jobs to Mexico   
    - supporters claimed it would be made up by more trade   
    A debate rages today on what has happened as the result of NAFTA   
 
2000
 Bush, Jr. Administration   2000 - 2008   
    During first week in office, the President issued an Executive Order limiting the use of unions dues for political purposes   
    Bush policies of the largest debt growth in history, & unprecedented dereg & lack of oversight of the financial sector results in the Bush Depression of 2007-2010   
 
2008
 Obama Administration  2008 -   
    During his first 2 yrs in office, Obama passes a universal healthcare program & attempts to pull the econ out of the Bush recession of 2007-2010   
    After midterm elections of 2010, Tea Party members in the House obstruct legislation of both Dems & Reps, creating the infamous "Do Nothing Congress" of this century   
    The Tea Party obstructs even routine procedures such as passing a budget, but also such govt housekeeping such as appointing members to the NLRB & the financial watchdog agency   

 
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 Outline on the Wagner Act, aka the National Labor Relations Act  1935
External
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  -  Introduction:  The Wagner Act, aka the National Labor Relations Act (NLRA), was enacted in 1935 & is the cornerstone of our National Labor Policy  
  -  Summary:  The NLRA guarantees the rights of workers to organize & to bargain collectively w/ employers.  It encourages collective bargaining & provides govt processes for the selection of employee bargaining representatives. It established the National Labor Relations Board (NLRB)  
  From the Preamble to the National Labor Relations Act:  "It is hereby declared to be the policy of the United States to eliminate the causes of certain substantial obstructions to the free flow of commerce and to mitigate and eliminate these obstructions when they have occurred by encouraging the practice of collective bargaining and by protecting the exercise by workers of full freedom of association, self organization, and designation of representatives of their own choosing, for the purpose of negotiating the terms and conditions of their employment or other mutual aid or protection."
 
  The Wagner Act was passed in the throes of the Depression
 
  It was a period of of weakness for Labor
 
  The Great Depression & the Wagner Act sent a strong message to the people which was that things could change, & that the govt helped the small person too  
  Many people joined Marxist/socialist/communist related groups, but in effect FDR's New Deal reformed the system & headed off revolution  
  The Wagner Act can be seen as an important part of the New Deal  
  The Wagner Act of 1935 essentially legalized unions & union activities & founded the basis of the modern labor movement
 
 
 Under Section 7 of the National Labor Relations (Wagner) Act, employees are entitled to form, join, or assist labor organizations
 
  There are TEN major provisions of the Wagner Act
 
  1.  Employees may form a union
 
  2.  Employees may join a union
 
  3.  Prohibits interference w/ assisting a union
 
  4.  Employees may financially contribute to a union
 
  5.  Prohibits discriminating against a union member
 
  6.  Employers must bargain in good faith
 
  7.  Employees may strike & have a right to open jobs upon their return  
  8.  Employers must recognize a union as having the right to exclusive representation of workers
 
  9.  The NLRB is created as an independent govt agency that reports only to Congress
 
  10.  Some workers are not covered by the Wagner Act & therefore have little right to organize:  supervisors & mgrs., agricultural workers, domestics, family workers, federal, state, & local employees, & employees covered by the RLA
 
  The provisions of the Wagner Act are often seen as establishing the rights of unions, the rules of collective bargaining, workers' rights to unionize, unfair labor practices  
  The NLRA does not spell out wages & working conditions  
  There are EIGHT minor provisions of the Wagner Act:
 
  1.  Labor & mgt must bargain in “good faith”   
  2.  the union becomes sole bargaining agent for workers  
  3.  there must be secret ballot elections for union representative
 
  4.  wkrs cannot be fired or harassed for union activity   
  5.  closed shops are allowed, but can only be mandated by state law  
  6.  company unions are illegal  
  7.  if strikers return to work, they must be rehired for open jobs that they qualify for  
  8.  if strikers return to work, they must be given preference when jobs become open  
 
 In essence the Wagner Act declared certain practices by employers against unions to be illegal
 
  A study tracking organizing success following the passage of the Wagner Act found that organized firms had a 20% lower rate of return than non union firms  
  Because the Supreme Court declared the NIRA void in 1935, employers thought the same would happen w/ the Wagner Act  
  Therefore employers were intransigent & did not obey the Wagner Act  
  Most of the strikes from 1935 to 1937 were over union attempts to be recognized & not over wages or other issues  
  Employers fought back w/ programs such as the Mohawk Valley Formula  
  But in 1937, in NLRB v. Laughlin Steel Corp, the Supreme Court ruled the Wagner Act to be constitutional  
  The Wagner Act was amended for the first time in 1947 by the Labor Management Relations Act, commonly known as the Taft Hartley Act  
  The NLRA was again amended in 1959 by the Labor Management Reporting & Disclosure Act, commonly known at the Landrum Griffin Act  
  The Wagner Act was amended & extended by both the Taft Hartley the Amended Taft Hartley Acts in 1974 under Pres Nixon  
 
 The NLRB, which was estbed by the Wagner Act, is the most important Labor relation regulatory agency  

 
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 Outline on the Amended Taft Hartley Act  1974
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  The Wagner Act of 1935 established the right to organize
 
  The Taft Hartley Act of 1947 extended & amended the Wagner Act
 
  The Landrum Griffin Act of 1959 rescinded some of Labor's power, estb a labor relations bill of rights for workers & businesses
 
  The Amended Taft Hartley Act of 1974 (ATHA) extends many of the rights & obligations of the earlier labor laws to private, non profit healthcare workers, & modified some features of these laws
 
  The Amended Taft Hartley Act gives public workers similar rights to private workers
 
  The ATHA codified (made into law) an EO, e.g. EO 10988  
  The ATHA defines who is & is not an employer, employee, & supervisor thus defining who can organize whom
 
  See Also:  Organizational Actors  
  Employer
 
  Under the ATHA, the employer:  
  -  must have 2 or more employees
 
-  can be fed, state, & local govts (except the PO which is covered under a separate law)
 
  -  must allow union representatives to function in their official capacity
 
  -  may be primarily in agriculture
 
  -  may have small gross receipts
 
  -  may be exclusive exporters
 
  -  may be primarily employing domestic wkrs  
  Employees
 
  Under the ATHA, the employees:  
  -  include the wkrs in the firm, but also those other wkrs affected by a strike
 
  -  include striking workers
 
  -  include those who struck & were discharged by unfair labor practices
 
  -  do NOT include workers who while striking accept a job elsewhere
 
  -  do NOT include a child being groomed for mgt  
  -  do NOT include workers of employers not covered (see above)  
  Supervisor  
  Under the ATHA, a supervisor is one who possesses authority to change someone else's job, e.g.:
- hiring                       - adjust grievance
- firing                        - change pay
- promoting                - assign tasks
- demoting                 - impose discipline
- transferring		  
  Professional Employee  
  Under the ATHA, a prof employee:  
  -  does intellectual, abstract wk  
  -  has performance criteria which cannot be  measured in standardized fashion  
  -  has skills learned through prolonged, specialized instruction  
  -  may be organized, but cannot be included in a nonprofessional unit w/o the majority vote of professionals  
  -  includes those who work in non profit hospitals  
  -  includes such profs as physicians, attorneys, CPAs, engineers, & certain other employees  
  The ATHA also included additional rules for the health care sector  
  Unfair Labor Practices are defined under the Amended Taft Hartley Act  
  It is ironic that when many laws take up volumes, Section 7, the heart of these acts, is one sentence:  
  Employees shall have the right to self organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing and to engage in concerted activities, for the purpose of collective bargaining or other mutual aid or protection.
Section 7, Wagner Act
  
  Provisions:  Section 7  Employer Unfair Labor Practices  
  Employer may not:   
  -  deal w/ either of two unions vying for power  
  -  create a company union  
  -  form group of workers to set wages, hours, terms & conditions  
  -  penalize or discriminate against workers for charging employer w/ unfair labor practice  
  Employer MAY require union membership as condition of employment  
  Section 7  Union Unfair Labor Practices  
  Unions may not:  
  -  require employer to punish worker for anything but failure to pay dues  
  -  force self employed worker to join union  
  -  force employer to bargain w/ uncertified union  
  -  force employer to cease bargain w/ cert. union  
  -  force employer to assign wk to union  
  -  require excessive fees  
  -  force employer to pay for services not rendered  
  -  picket to force recognition if  
     a.  group has not been certified  
     b.  either no union election has taken place w/in 12 mo or picketers request election w/in 30 days, bu  
     c.  union may picket to advise public that employer is not unionized, but may not interfere w/ operations  
  Other Provisions of the Amended Taft Hartley Act:  
  Right to express views in any form  
  Hot cargo:  no right to refuse to handle/use products of certain employers-- except for construction union  
  Construction workers can organize w/o majority status (many construction jobs are short run)  
  Must notify FMCS if picketing health care facilities  
  Representation Elections     S 9(b)  
  All workers regardless of union membership are represented  
  The NLRB determines which group of employees is to be represented, but cannot:  
  a.  include professional & nonprofessional in same unit unless majority of professionals agree  
  b.  deny representation to a craft.  Crafts may form own unit; NLRB interpreted this broadly so that crafts often are included in larger unit  
  c.  include plant guards in unit w/ other workers  
  d.  Supervisors & mgrs. may not be included in unit  
  National Emergency Disputes  
  This is a provision of the original Landrum Griffin act  
  President believes strike imperils national interest  
  Appoints board of inquiry to investigate  
  If board concurs, Attorney General directed to ask district Ct. to enjoin strike or lockout  
  If Court agrees, it issues injunction  
  Board monitors negotiation for 60 days  
  Next 15 days NLRB holds election to see if workers accept offer  
  5 more days to certify results  
  If no settlement President forwards info to Congress for action/inaction  

 
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 Outline on the Norris LaGuardia Anti Injunction Act  1932
External
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  In the midst of the Great Depression ( circa 1929 - 1940 ), the Hoover administration provided some indirect benefits for Labor
 
  By 1932, the legitimacy of collective bargaining had informally been accepted, but was not written into law  
  And labor mgt relations were not legalized until FDR was elected   
  After stormy debate, Congress passed the Norris LaGuardia Anti Injunction Act (NLGA)  in 1932
 
  The NLGA of 1932 sharply restricted the use of injunctions in labor disputes
 
  But well into the 1900s, govt interference in favor of owners represented a major barrier that workers had to overcome  
  The NLGA was one of the first laws that actually encouraged union activity
 
  The act was sponsored by Senator Norris of NE & Rep. LaGuardia of NY, both Republicans
 
  The NLGA was a legislative attempt to Supreme Court limitations on the activities of Labor, especially as those enacted btwn the Clayton Anti Trust Act in 1914 & the end of the 1920s  
  The NLGA was based on the theory that lower courts are creations not of the Constitution, but of Congress, & that Congress therefore has wide power in defining & restricting jurisdiction  
  Before the NLGA, a firm could get an injunction to stop any union activity that hurt the business in any way
 
  The NLGA banned injunctions unless the firm had made every possible effort to settle through negotiations w/ the union
 
  The NLGA required a firm to prove that the lack of an injunction would hurt the firm more than the union
 
  Thus, the NLGA begins the trend to balance the needs of business & labor  
  Provisions of the NLGA:
 
  a.  "Yellow dog" contracts are banned  
 
 Yellow dog contracts required an assurance from applicants as a condition of hire that they were not members of a labor union at the time, nor would become so in the future
 
  b.  Business could not use injunctions against labor orgs for the following activities such as
-  strikes
-  picketing
-  organizing
-  refusing to work
-  aid for those being sued
-  union membership drives
-  publicizing a Labor dispute
-  strike benefits, unemployment benefits
-  notifying people that any Labor activity is occurring
-  agreeing to engage or not engage in Labor related acts
-  advising others to engage or not engage in Labor related acts		  
  c.  Injunctions may be issued: if there was 
 
  -  substantial injury to property will occur
 
  -  greater injury on party requesting injunction than on adversary
 
  -  no adequate legal remedy exists
 
  -  a situation where authorities are unable or unwilling to give protection  
  -  an owner who agreed to deposit a bond for the possible damages of an injunction  
  The Taft Hartley Act of 1947 allows injunctions in certain other cases  
  The NLGA finally laid to rest the 18th C Conspiracy Doctrine as ruled in Commonwealth of Philadelphia v. Pullis, aka The Cordwainers Case  
  NLGA does not require an owner to recognize or bargain w/ a union  
  Boycott damages (as established in the Danbury Hatters Case) were reduced because no one is liable for other's independent acts  
  The NLGA made it impossible to enforce yellow dog contracts  
  Yellow dog contracts were promises by workers to not join or aid a union  
  The NLGA prevented firms from suing employees for breaking yellow dog contracts  
  Because firms could not enforce such contracts, they eventually stopped using them  

 
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 Outline on the  National Labor Relations Board ( NLRB )  estb 1935
External
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  Introduction:  
  The National Labor Relations Board (NLRB) was created as an independent agency by Congress in 1935 to administer the National Labor Relations Act, often called the Wagner Act  
  The mission of the National Labor Relations Board is to regulate the relationship btwn Labor & Mgt., primarily, by regulating the rights of workers to organize  
  The NLRB works to correct or prevent unfair labor practices committed by either employers or unions  
  The NLRB was established by the Wagner Act in 1935  
  The NLRB administers the Wagner Act, but does not work out conflict btwn it & other laws
 
  Working out the conflict btwn the Wagner Act & the numerous other  labor laws is a task for the Courts, & Congress
 
  The NLRB is: 
 
  -  an independent or free standing agency  
  - not in the DOL
 
  - not accountable to the Secretary of Labor
 
  - not accountable to the President
 
  NLRB  Jurisdiction:
 
  The NLRB regulates for & non profit employers, hospitals & other healthcare orgs, & the USPO
 
  The NLRB does not initiate action; only responds to complaints
 
  The NLRB gives priority to representation cases, 45,000 cases per year
 
 
 Major Functions of the NLRB
 
  When a union represents 30 per cent or more of a group of employees covered by the National Labor Relations Act, the NLRB conducts secret ballot elections to determine whether employees wish to be represented in collective bargaining  
  There are FOUR major functions of the National Labor Relations Board (NLRB) 
     Note:  these are provisions in 2002, & have been amended by various laws		  
  A major function of the Nat Labor Relations Board is to:  
  a.  - investigate violations of the NLRB's rules & regs
 
  b.  - determine whether employees desired representation
 
  c.  - determine which union was the employee's choice
 
  The NLRB supervises representation elections  
  d.  - hear & rule on alleged unfair labor practices
 
  The NLRB determines & resolves unfair labor practices  
  Structure of the NLRB  
  The NLRB is composed of 5 members appointed by the President, approved by the Senate
 
  While the NLRB is considered to be an "independent agency" as is the Federal Reserve Board, all members are political appointees  
  Terms last 5 years & are staggered
 
  Each board member serves a five year term & the general counsel has a four year term  
  Thus a President cannot have a majority until his/her 3rd year in office
 
  And a President cannot have a total Board, unless reelected
 
  Members may be reappointed  
  One member is designated the Chair
 
  The NLRB's main offices are located in Washington, DC  
  The board has 33 regional offices, 52 field offices & petitions for elections & charges of unfair labor practices are filed at regional offices  
  The NLRB delegates authority to Regional Directors
 
  The NLRB has a General Council (lawyer)
 
  The NLRB is headquartered in Washington, DC, has 31 Regional Offices & 11 Field Offices 
 
  Btwn 1935 & 1974, the NLRB processed 300,000+ cases of which 190,000+ were unfair labor practices
 
  By 1967 more than 67 mm workers had voted in NLRB elections
 
  The Board Members act primarily as a quasi judicial body in FOUR areas: 
 
  a.  Decides cases on formal records
 
  b.  Reviews findings of fact & decisions by the NLRB's administrative law judges (formerly called trial examiners)
 
  c.  Reviews cases of unfair labor practice  
  d.  Reviews Regional Director decisions in representation cases  
  The NLRB has no independent power of enforcement, but may seek enforcement in the US courts of appeals  
  Parties aggrieved by the NLRB may seek judicial review  
  The NLRB certifies a union  
  The NLRB will conduct a Board supervised election to determine the majority status of a labor union, provided there is an adequate “showing of interest” on the part of  30 % of the employees in the affected group  
  Filing a Complaint  
  If a complaint is made, found not to have merit, it's dismissed  
  2/3's of complaints are dismissed, but can be appealed  
  Of the remaining 1/3 of the complaints,  90% are settled  
  Of the 10% of complaints not settled, they are heard by Administrative Law Judge  
  The Judge's ruling on complaints can be appealed to NLRB  
  3 member panel in the NLRB decides cases on the appeal of complaints  
  If there is non-compliance w/ NLRB decision, parties may petition to US Court of Appeals for enforcement  
  The NLRB issues THREE types of decisions, including:
a.  cease & desist orders
b.  bargaining orders
c.  decisions to make a worker whole for an illegal action by mgt		  
  The NLRB hears THREE major case types, including those:
a.  which are representation disputes, which is most of them
b.  which are complex or unsettled issue w/ no clear precedent
c.  issues that (usually) mgt. wishes to stall (until new President, Congress elected, or some other reason)		  
  The Politicization of the NLRB  
  Thus, members of the NLRB often represent, to a degree, the political views of the President who appointed them
 
  The appointments are political & reflect party in the White House
 
  The 5 year, staggered terms tries to lesson major swings
 
  The general counsel is powerful, & so the appointment here is important
 
  Thus, the politics of the NLRB swings back & fourth according to who wins the White House
 
  The politicization of the NLRB has the advantage that the NLRB is responsive to the changing political climate
 
  The politicization of the NLRB has the disadvantage that the NLRB is inconsistent, making the implementation of regulations chaotic
 
  The Inconsistency of the NLRB  
  Unions are often frustrated by the inconsistency of the NLRB 
 
  The NLRB is inconsistent in its
 
  a. interpretations of labor law
 
  b. delays in elections
 
  c. delays in hearing unfair labor practices cases
 
  Many unions believe the use of strikebreakers should be outlawed
 
  While strikebreakers have always been legal, the NLRB has considered outlawing them at times  
  Most Canadian provinces prohibit strikebreakers 
 
  Unions contend 10% of organizers are fired illegally
 
  The NLRB contends 1.7% of organizers are fired illegally  
  The NLRB notes that vast majority of its cases are handled quickly, but some do drag on
 

 
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 Outline on the  Economy & the Social Sciences
External
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  -  Project:  Economics & Bargaining
Link
  ECONOMIC SYSTEMS PRODUCE & DISTRIBUTE GOODS   
 
 Economic systems are the means by which scarce resources are produced & allocated w/in & btwn societies
 
  An important factor of economic systems is the level of economic development denotes how goods & services are produced, as well as how much can be produced  
 
 An important factor of economic systems is ownership in relation to the nature & extent of private & public property, & ownership of the means of production  
 
 An important factor of economic systems is scale, which ranges from local production, to regional production, to national production, to international production, to globalization
 
  MARKET CONCENTRATION IS AN INEVITABLE OUTCOME OF CAPITALISM   
  The economic phenomenon called market concentration is aka Pac Man Economics (PME):   
  PME:  aka:  Market Concentration
 
  - an industry begins w/ many small producers
 
  - as one or several gain advantage, they, like Pac Man, steadily munch up the competition, growing bigger as each competitor is consumed
 
  - ultimately, one producer consumers all or nearly all of the competition, establishing a monopoly
 
  See Also:  Market Concentration  
  The growth & maturation of most industries follows a general pattern
 
  During an industry's infancy, production is diffused among many small producers
 
  During an industry's infancy, production is often labor intensive
 
  An infant industry develops & grows when:
 
  - consumer preferences are revealed, choosing one or several producers over others  
  - some producers gain an advantage & become more efficient & profitable
 
  - some producers become disadvantaged & lose money & go out of business
 
  - as production methods become standardized, capital & cheaper labor are substituted for skilled craft work
 
  - marginal producers are driven from the industry
 
  Over time, an industry becomes dominated by a relatively few firms
 
  The less dominant firms either mimic the leader or occupy niches
 
  Examples of dominant firms becoming monopolies or near monopolies include  
  -  Carnegie Steel  
  -  Standard Oil  
  -  ITT  
  -  Intel
 
  -  Microsoft  
  -  Walmart
 
  UNIONS HAVE GREAT DIFFICULTY ADAPTING TO GLOBALIZATION & MKT CONCENTRATION   
  The market concentration or Pac Man Economics (PME) that is inherent in capitalism makes it difficult for unions to respond to ever bigger businesses  
  In general the structure & strategy of the Labor Movement responds to the structure & strategy of business  
  W/ the exception of the Great Depression, unions usually suffer during an economic downturn
 
  During a depression or econ downturn, mgt can more easily find non union substitutes
 
  The 1980s & 90s have also tested union job security because of the generally weak econ conditions for wkrs
 
  In the late 90s & early 00s, there was is now some strengthening of the econ for average wkrs, but by 2002, conditions were worsening again
 
  Global competition has made it difficult to increase wages as seen in the fact that average wages fell 1/2 % in 05
 
  The Fed Res Bank found that it could let unemployment go to record low levels, e.g. circa 3 or 4 %, & still not have wage increases because the pressures of immigrant labor, globalization, deindustrialization, & technology has deflated wages during most of the 80s, 90s, & 00s  
  THE ECONOMY HAS GONE THROUGH VARIOUS PERIODS OF REGULATION & DEREGULATION  
  The Sherman Anti Trust Act of 1890 & the Clayton Anti Trust Act of 1914 had limited industrial concentration & collusive activities btwn producers in a single industry  
  The limitations on the size & mkt share of businesses have in many senses been removed since the 1980s in response to govt dereg which was a response to global competition  
  Excessive industrial concentration is not defined by the statutes, but by the courts or the FTC
 
  Price fixing, selling below costs, & other collusive activities are now illegal & have been prosecuted 
 
  Monopolies were broken up from Standard Oil to ATT 
 
  Regulation of certain industries has been a tradition in the us for over a century
 
  The Interstate Commerce Act of 1887 regulated interstate rail freight rates & has since been applied to other industries
 
  The regulation of industry as established via the ICA & related legislation, & the Sherman Anti-Trust Act of 1890 & the Clayton Anti-Trust Act of 1914 have eliminated some monopolies, while allowing some monopolies to exist, & regulating some oligopolies  
  Deregulation began in the 1970s w/ the Carter admin  
  Since the Reagan admin, 1980 - 88, federal regs in the area of the reg of monopolies have been reduced or eliminated
 
  The initial result of deregulation was the elimination of monopolies & the restoration of price competition
 
  Deregulation enabled new companies to enter & created competition in wages btwn union & nonunion sectors of industries  
  Deregulation has had varying effects across industries & job markets
 
  - W/ deregulation in the airlines, mechanics were not affected much because they could get jobs in other sectors
 
  - W/ deregulation in the airlines, pilots & stewardesses lost wages
 
  - W/ deregulation, some airlines lost money & went out of business, & the mkt was opened up to new carriers such as Southwest
 
  - W/ deregulation in the airlines, ticket prices declined at first; rural areas & low volume areas lost coverage  
  W/ deregulation in trucking, the number of unionized truckers went down, wages fell by 27%, ROE fell 22%
 
  See Also:  An Overview of Globalization  
  Deindustrialization  
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 CONSUMER DEMAND HAS INCREASED & BECOME MORE DIFFERENTIATED 
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 Since 1950 there has been a shift in the 1st World from goods to services because
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 -  people have the disposable income to consume services such as travel & entertainment
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 -  an older population desires more services
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  -  service industries have developed & become more efficient & affordable for the middle classes  
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 The Labor Movement has historically been concentrated in the goods producing sector, & has been slow to organize the service producers
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 The aggressiveness of employers since the Reagan Era has also made it difficult for Labor to move into the new service sectors
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 The shift in the econ to the service sector & the maturation of the goods producing sector has created more jobs w/ low & high skills; i.e., medium range skill jobs have been eliminated
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 Lower skill jobs are hard to organize because:
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 -  workers are easily replaced 
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 -  it is difficult to recoup organizing costs on low wage jobs 
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 Higher skill jobs are hard to organize because: 
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 -  professionals are independent minded & have an ideology opposed to unions because they view it as blue collar 
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 -  professionals are highly paid & so see little benefit in a union 
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 EMPLOYER INTERESTS HAVE EXPANDED, SLIGHTLY, TO INCLUDE STAKEHOLDERS 
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 Private sector firms are ultimately answerable to their shareholders 
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 Though today many firms consider other stakeholders such as 
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       Labor 
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       The Community 
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       The Environment 
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       The Consumers 
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       The Govt 
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       etc. 
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 Shareholders seek a higher risk adjusted return than other investments 
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 As environmental conditions change, e.g. a shift from producer to service economy, etc., a firm may shift production & labor 
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 Firms leave previous markets & enter new ones 
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 The historic increase in mergers & acquisitions since the 1980s reflects the mobility of capital 
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 A firm can spin off a lower earning division, forcing unions to deal w/ successor owners 
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Internal
Links

Top
 Outline on   NAFTA   1993
External
Links
  -  Project:  Free Trade, NAFTA, Protectionism 
Link
  -  See Also: USDA Foreign Agricultural Service (FAS):  NAFTA          http://www.fas.usda.gov/itp/Policy/nafta/nafta.asp 
Link
  NAFTA HAS OPENED UP TRADE IN NO AM, BUT THERE IS WIDESPREAD DISAGREEMENT ON THE COSTS & BENEFITS TO THE US, MEX, & CANADA   
 
 NAFTA is an acronym for the North American Free Trade Agreement 
 
 
 NAFTA was ratified by Canada, Mexico & the US in 1993 & went into effect in early 1994 
 
  NAFTA unites Canada, Mexico, & the US in one of the world's largest free trade zones   
  NAFTA builds on a free trade agreement btwn the US & Canada that became effective in 1989   
  Under NAFTA, tariffs on most goods produced & sold in No Am are to be gradually eliminated over 10 years   
  Trade of a few additional products will continue to be restricted for another 5 years.  The first reductions took place in 1994   
  NAFTA also establishes rights & obligations regarding trade in services, intellectual property, & intl investment   
  The provisions of NAFTA could serve as models for future global & regional trade agreements   
  NAFTA's GOALS WERE TO LIBERALIZE TRADE, REDUCE TARIFFS, & ELIMINATE TRADE BARRIERS  
 
 NAFTA attempted to: 
 
 
 a.  remove trade barriers 
 
 
 b.  reduce & eliminate many tariffs 
 
 
 c.  eliminate other barriers such as inspections, etc. 
 
  NAFTA's BENEFITS INCLUDE LOWER PRICES, INCREASED DEMAND, & LOWER LABOR COSTS  
 
 The benefits of NAFTA include: 
 
 
 a.  all countries see lower prices for goods & services because they can now buy the cheapest product from which-ever country 
 
 
 b.  the producing countries should see more demand 
 
 
 c.  competition puts more pressure on producers, labor & wages 
 
  NAFTA made it easier for US corps to relocate plants to Mexico   
  NAFTA supporters:   
  - believe that the US, Canada, & Mexico would all benefit from increased trade & larger markets   
  - maintain that those plants would move there regardless of how difficult it was, & that NAFTA would create other jobs in the US by opening Mexican & Canadian markets   
  - argued that the Clinton administration had gotten improved envl protection in Mexico, while NAFTA opponents argued that the controls were weak & ineffective   
 
 THE POLITICAL ALLIES WHICH PASSED NAFTA CONSISTED OF AN UNLIKELY COALITION OF FREE TRADER CLINTONITES & REAGAN REPUBLICANS, & WAS OPPOSED BY LIBERTARIAN REPUBLICANS & LABOR UNION DEMOCRATS 
 
 
 NAFTA was proposed by Bush Sr. during his 1988-1992 administration 
 
 
 NAFTA became a big campaign issue for 1992 election 
 
 
 Bush & Clinton supported it 
 
 
 Perot opposed it 
 
 
 Labor strongly opposed NAFTA & campaigned against President Bush, Sr. 
 
 
 When Clinton was elected in 1992, his support of NAFTA was a major wedge btwn the President & Labor 
 
 
 Labor points out that whatever the advantages, NAFTA has negative points that should not be overlooked 
 
  NAFTA generated extensive opposition in the US because of concerns that it would result in a loss of US jobs   
  Opponents feared the job losses would result from increased Mexican imports & from a shift in US production to Mexican plants   
  Environmental groups feared NAFTA would increase air & water pollution, particularly in the US Mexican border region   
  THE WEAKNESSES OF NAFTA ARE IT CAN ELIMINATE JOBS IN ONE NATION, IT HAS NO WKRS RIGHTS FOR MEX, JOBS ARE SHIFTED TO LOW WAGE NATIONS, NO ENVL SAFEGUARDS, DISPUTES OVER GOVT SUBSIDIES, SWEATSHOP CONDITIONS IN SOME NATIONS, WEAK WKPLACE SAFETY  
 
 For Labor, the weaknesses of NAFTA include that 
 
 
 a.  there are not enough employment safeguards 
 
 
 b.  Mexican workers are exploited; for example they have no minimum wage & no OSHA 
 
 
 c.  Mexican wages are not a 'living wage' even in Mexico 
 
 
 Mexican wages are 12.5% of US wages 
 
 
 Canadian wages are 7.5% above US wages 
 
 
 d.  there are not enough envl safeguards 
 
 
 e.  Canadian workers & firms are subsidized by the govt 
 
 
 Canadian health care is subsidized & is considered to be one of the best systems in the world 
 
 
 Certain industries in the US are subsidized such as pork, tobacco, steel, etc. 
 
  Certain industries in the US are protected from imports such as cars, lumber, airplanes, etc.   
 
 Strike in Mexico 
 
 
 Reynosa, Mexico has four auto plants w/ 70,000 workers 
 
 
 Workers at an auto plant in Reynosa, Mexico struck over inadequate profit sharing of only $30 per worker 
 
 
 The UAW did an econ analysis, pointing out the high levels profits to the manufacturers 
 
 
 The UAW's analysis of profits at the plants in  Reynosa, Mexico won an increase in profit sharing to $44 w/ food coupons worth $32 
 
 
 It is in the interest of Am workers to see that all workers around the world are treated fairly 
 
  THE EFFECTS OF NAFTA INCLUDE US JOB GAINS & LOSSES, LABOR ABUSE, ECON INSTABILITY IN MEX, MANY SPECIFIC TRADE DISPUTES  
  Labor & Perot predicted the loss of many jobs to Mexico as a result of NAFTA   
  Job losses have happened to some extent, in that NAFTA made wages open for negotiation because of intl competitive pressure thus reversing the Labor's historic gain where they had reduced the wage differentials & created a stable wage base for the mid class   
  There has been some job loss, but growth in the US econ has covered up the southern job migration   
  Labor abuse in Mexico is widespread   
  Mexican plants sometimes have guards to keep workers in line & keep reporters, unionists, activists, etc. out   
  The UAW wants US manufacturers w/ plants in Mexico to treat workers fairly   
  NAFTA did not create as many US jobs as its backers promised & more jobs have gone South than anticipated   
  The US trade surplus w/ Mexico narrowed in 1994 because of the surge in US imports from Mexico   
  The surge in Mexican imports relative to US exports to Mexico is evidence that NAFTA did not create as many jobs as predicted   
  The Clinton Administration estimated that NAFTA created 320,000 jobs   
  The Dept of Labor estimated that NAFTA eliminated 215,000 jobs   
  NAFTA supporters question all these job figures   
  The devaluation of the Mexican peso hurt the Mex econ thus limiting the predicted level of Am product purchases by Mexs   
  One of the major reasons for the decline of the peso was because Mexico owed so much money to the intl community, & was at risk in paying it back   
  The devaluation of the peso lowered the standard of living of average Mexicans   
  The envl protections of NAFTA are weak in that there are many cases of illegal hazardous waste disposal, an increase in birth defects, & a lack of water & sewage treatment  
  NAFTA, globalization, deindustrialization, & other "sudden impact" trade policies have created competition which has reduced growth in the Am standard of living   
  In the 1950s & 60, the US standard of living rose rapidly, but since then the average wages of Am. workers have grown more slowly & the wages of younger wkrs w/o a college education have declined resulting in increased income inequality since around 1980  
  MEXICO HAS EXPERIENCED ECON INSTABILITY AS A RESULT OF NAFTA   
  NAFTA has not helped Mexican workers, furthermore, globalization has not helped non core workers primarily because "free trade" is occurring at a faster rate than societies & wkrs can adapt   
  Wages in Mexico, the US & Canada have fallen since NAFTA was implemented   
  The ultimate effect of free trade, NAFTA, etc. is that core workers lose jobs, or must work at a lower wage, the env is harmed, all while corp profits have grown  
  In response to opposition to the pact in the US, the three countries agreed in 1993 to supplement NAFTA w/ three side agreements   
  The three pacts or side agreements to NAFTA established commissions to monitor developments related to envl & labor issues and to help solve problems that may arise as regional trade & investment expands   

 
Internal
Links

Top
 Outline on the Political Action of the Labor Movement
External
Links
  For most of the existence of the Labor Mvmt, unions have been involved in politics  
  Under Gompers' leadership, the AFL stressed wage increases & other job demands instead of political issues & thus for several decades, the Labor Mvmt became largely apolitical  
  The Labor Mvmt's chief means of achieving its goals under Gomperism, business unionism, & similar strategies was collective bargaining  
  However, since the weakening of the Great Labor Compromise, the Labor Mvmt has become more politicized again, however not  nearly so much as it was in the 1800s  
  Political parties & other groups have also played a part in the labor movement  
  While the US has never had a major Labor Party, their ties w/ the Democratic Party are strong, but vary immensely from year to year  
  In most Euro nations, the Labor Mvmt does have a strong Labor Party which is a major party in their political env  
  But regardless of the intensity of their direct pol activity, the Labor Mvmt has always been concerned w/ political activities & public relations  
  When the political climate changed from one favoring mgt to one favoring labor, unions became legal  
  The Labor Mvmt has been hobbled in the pol arena because the Taft Hartley Act outlawed the closed shop & banned union political contributions in national elections  
  Union officials urge wkrs & their families to vote for candidates who are sympathetic to union goals  
  Because of the ability of union leaders to influence votes, most elected officials listen carefully to what labor leaders want  
  By urging members to exercise their individual political power, organized labor in the US influences the city, state, & fed govt  
 
 Labor's political action in the US takes FIVE forms
 
 
 1.  Financial support from Political Action Committees (PACs) to candidates
 
  2.  Volunteer work by members
 
  3.  Endorsements of candidates
 
  4.  Get out the vote campaigns & voter education
 
  5.  Lobbying
 
  1.  Financial support for candidates & PACs
 
  Since 1980, union political activity has increased, largely as a result of Reagan & the general movement of Americans in the conservative direction
 
  Labor has politically targeted public employers & private firms w/ democratically chosen boards because they are more open to change
 
  Contributions by workers average $1 for political action
 
  Candidate support
 
  Union PAC contributions are not uniform
 
  Each union gives to the candidate of its choice
 
  A candidate's activity on key Congressional Committees is their major asset
 
  Another important indicator for determining support for a candidate is their voting record
 
  If a political race is not close, a candidate gets less support from Labor.  This is true of support in general
 
 
 2.  Volunteer work by members
 
 
 One of Labor's major strengths is it's people  
 
 Face to face volunteer work is nearly as important as $$  
  3.  Endorsements  
  Labor endorsements are important because members are more likely than the general population to vote  
  And members are more likely to vote for an labor endorsed candidate, but 50% split btwn endorsed & unendorsed candidates  
  But everyone votes less in primaries than in general elections  
  4.  COPE:  Committee on Political Education  
  COPE usually gives endorsements  
  COPE provides info on all candidates  
  COPE keeps voting records  
  COPE keeps records of Congressional committee work  
  COPE keeps records of where a candidate's $$ comes from  
  5.  Lobbying  
  In 2005, there are now over 30,000 registered lobbyists in Wash DC  
  Labor is one interest grp that hires lobbyists  
  Others grps that lobby or hire lobbyists include the:
-  US Chamber of Commerce
-  small business Lobby
-  National Association of American Manufacturers (NAAM)
-  NRA
-  Sierra Club, & many others....		  
  Labor's political effectiveness  
  Union members often hold more conservative positions than those supported by their union's PACs  
  Labor PACs are more effective on secondary issues than on major issues such as labor law  
  Given the increase in the political focus, labor has maintained its political power despite decline in members  
  Labor's voting power  
  In 2005 labor has 15% of labor force, which is about 10 mm wkrs  
  7.5 mm of the unionized wkforce votes (75%) & 5.0 mm vote Democratic & 2.5 mm vote Republican  
  Besides union voters, there are usually about 90 mm other voters of which 54 mm vote   (60%)  
  Why are there few Labor candidates?   
  1.  Politicians are not bound to anyone or any position regardless of the money & / or the endorsements they receive  
  2.  "Politics makes strange bedfellows"   
  When various people contribute to the same politician, it does not mean they have the same agenda  
  Many contributors disagree intensely but vote for the same politician or belong to the same party  
  Candidates need to build a complex, often fragile coalition of supporters to win  
  3.  The American electorate has not aligned itself behind candidates who espouse a strong labor agenda  
  Therefore, almost any candidate supported by Labor, also has many other constituents who have very different agendas  
  Labor is almost always a minority faction in a candidate's coalition  
  The only Democrats in the White House since 1972 were Carter & Clinton  
  The only Dem Presidents in the last 30 + yrs were both Governors from Southern right to wk states  
  Both Carter & Clinton sought to distance themselves from Labor  
  Labor oriented Presidential candidates  lost  
  Humphrey   in 68     defeated by Nixon  
  Mondale      in 84     defeated by Reagan  
  Dukakis       in 88     defeated by Bush  
  McGovern   in 72   hailed from SD, a non industrialized state, had strong support from Labor, but was defeated in a landslide by Nixon  
  Reagan Democrats in general were strongly opposed to much of Labor's agenda  
  Bottom Line:  A voting record consistent w/ Labor's agenda is unlikely to be rewarded except in urbanized districts & industrialized states  
  Elsewhere, Labor's agenda brings few rewards & entails many costs & risks for politicians  
  Other issues that compete w/ Labor
     agriculture                environment
     crime                        social security
     public works            debt		  
  Endorsements & Contributions  
  There is a difference legally btwn endorsing & giving $$ to a candidate  
  The union is an agent of the members; it is an institution  
 
 American law grants legal 'personhood' to many such entities  
 
 They have different rights & responsibilities than people  
 
 Thus unions are seen as having different interests than that of any single member  
 
 Thus unions are free to endorse whoever they believe to be in the best interest of the union;  members don't have to agree 100%  
 
 Employees should have the option of contribute or not to a political budget for a particular candidate or issue  
  Political Action of the Labor Mvmt Outside of the US  
  While the US has never had a major labor party, most Euro nations do have a major labor party, but around the rest of the world, labor is still relatively new, & therefore, weak  
  In other countries, the labor mvmt differs from that in the US  
  Am unions concentrate on job issues, such as wages & hours & seek to obtain benefits w/in the existing free enterprise system  
  The chief goals of labor groups in most other countries are political & social reform, as it once was in the US labor mvmt  
  Unions in France, Italy, & many other countries labor mvmts have stronger socialist aims than in the US  
  Many other countries labor mvmts seek to reorganize the political and economic system to achieve nationalization (public ownership) of industry  
  Labor unions in the US achieve most of their gains by collective bargaining, but those in most other countries rely more on legislation  
  In many nations, labor groups have founded their own political party & the unions have little influence if their party loses an election  
  In the US, unions have influence w/ both major parties but the influence is stronger w/ the Democratic Party  

 
Internal
Links

Top
  Outline on  Lobbying
External
Links
  THE ACTORS IN THE POLICY PROCESS   
  There are many "Players' or actors in the policy formation process, that lobby & produce policy documents
1.  corporations
2.  the upper class (i.e. those w/ personal fortunes)
3.  foundations
4.  universities  ( granting agencies )		 5.  policy planning groups ( think tanks )
6.  govt commissions, councils, etc.
7.  national news media
8.  president, exec agencies, Congl committees, courts
 
  Each policy actor has a direct role in making policy, & lobbying the other players  
  Miscellaneous interest groups (e.g. envl groups, gun groups, anti- & pro- abortion, etc.) & the general public (& organized publics) have input through letters, phone, email, direct contact: spontaneous or "solicited"  
  Interest groups & the general public (& organized publics) sometimes produce policy documents as do the "players" discussed above, but more often they simply lobby by voicing their opinion  
  See Also:  The Policy Formation Process  ( Making Law )  
  See Also:  Participants in the Envl Debate   
  CONGRESSIONAL LOBBYING IS WHERE MOST LOBBYING OCCURS   
  Congressional lobbying is a high stakes, risky "business"   
  In the past, all Congressmen had safes in their offices where they kept the money lobbyists gave them  
  Today, the distinction btwn lobbyist & contributor is wider; only that there is no quid pro quo  
  In 1990, there were more than 6,800 congressional lobbying groups in the US, however most of them tend to represent certain groups of interests, such as Domhoff three key interest groups  
 
 Lobbyists are all registered:  There are 8000 registered lobbyists in the mid 1990s
 
  In 2005, there were more than 14,000 registered lobbying groups in Washington, DC, averaging just over two employees each for a total over 30,000 lobbyists (many lobbying firms are small)  
  In 2005, there were approximately 30,000 members of Congress & staff members, making the ratio of lobbyists to officials on the Hill nearly 1 to 1  
  In the early 90s the total value of earmarks added to bills was under $100 mm, while in 2005 the value was over $32 bb  
  Because of corporate influence on govt, there is an inverse relation of corporate size & the amount of taxes paid  
  ENVL LOBBYISTS PERFECTED LOBBYING FOR INTEREST GRPS   
  Since the late 1960s, the envl mvmt developed lobbying & political tactics for interest groups, NGO's, etc.  
  W/ the dawn of the envl mvmt in the 1960s, the envl mvmt first focused on passage of fed envl laws, e.g. lobbying Congress  
  Today, the envl mvmt plays a greater role:   
  a.  in the implementation of envl regs  
  b.  court cases about the env  
  c.  w/ state laws, implementation & court cases  
  INDL LOBBYISTS HAVE A VERY LONG RECORD OF LOBBYING   
  Industry groups developed counter interest groups of lobbying & political tactics  
  In the past, industry appeared to give up after the policy adoption stage, i.e. law making, only to come back during implementation  
  Now, like the envl mvmt, industry struggles w/ policy at all levels  
  Industry has attempted to keep the envl mvmt out of the rule making & implementation processes by limiting public access to rule making  
  THE GOVT IS THE TARGET OF LOBBYING   
  In the rule making process, a person must show standing by showing continuing interest in a project or by showing a material interest  
 
 Participation is difficult due to short comment periods on proposed rules; usually 30 days  
 
 After Reagan's govtl downsizing of the govt, agencies & commissions are often ill equipped & under funded when it comes to implementing policy
 
 
 Most govt agencies are ill equipped to handle public comment, & this is a place where social scientist are useful in govt.
 
 
 Most govt. agencies are heavily lobbied at all stages of the implementation process & thus try to find "legal peace" among conflicting parties 
 
 
 Most people & agencies in govt. ( Congressmen & women, Reps, etc. ) all respond similarly to lobbying by seeking legal peace & compromise among the parties
 
  In seeking compromise, govt agencies often seek simply to end the conflict rather than finding the most just outcome that may reduce conflict, but not totally end it  
  In seeking less than optimally just outcomes, & instead pursing legal peace, govt agencies are eschewing their responsibility to the greater good, ignoring the fact that they too are a player in the public policy formulation process & not merely a broker  
 
 The policy implementation is a slow, minutely focused,  incremental process
 
 
 Rules, procedures, etc. change, minutely, year by year, month by month, even day by day
 
  EXAMPLES OF LOBBYING ON ENVL ISSUES  
  THE SALVAGE LOGGING RIDER   
  In the salvage logging example, lobbyists lobbied over the definition of a dead tree
 
 
 1994 was a big wildfire season  & therefore in the fall of 1994 & spring & fall of 1995, salvage logging of the burned trees became a priority, which was strongly lobbied
 
 
 As a result of lobbying, the Salvage Logging Rider ( SLR ) was passed after the devastating 1994 fire season
 
 
 While there was considerable lobbying around the passage of the SLR itself, lobbying continued throughout the formation of the agency rules to implement the law as seen in the counting of "dead" trees, which may be salvage logged  
  The players in the SLR policy debate developed policy because there was no "science" on determining when a tree is dead  
  The players in the SLR policy debate knew that if you wait too long, dead trees cannot be harvested  
  W/ the SLR there was approximately a 1 year window to salvage the burned timber before the wood became too rotten  
  W/ the SLR FS personnel, loggers, & envlists argued about the criteria such as 'what % of each species of tree can be brown & it is still likely that the tree will survive?'  
  In the SLR policy debate, 3 parties argued over actual measurement of brown needles on fire damaged trees  
  W/ the SLR the FS, the logging corps, & the envlist went to court & a compromise was reached over how to define a dead tree  
  Compromises in policy are often based as much on politics as science  
  The implementation of salvage logging changed day by day as either logging corps or envl group members "worked w/" FS officials in the office or out in the field  
  FOREST HEALTH   
 
 In 2002 & 2003, an example of a public policy debate included the proposed Forest Health Legislation  
  In the 2002/03 proposed Forest Health Legislation, the public policy issue was whether the forest was overgrown because of wildland fire suppression  
  Public policy explored whether the problem of forest health existed & how it could be fixed  
  The solutions to forest health, whether the problem exists or not included burning, mechanical thinning, logging, some combination of the above  
  The forest health public policy debate explored where should the problem be addressed, including in the WUI, in the back country, in particular areas chosen according to particular criteria, etc.  
  The forest health public policy sought to define WUI, by for example, determining whether it included watersheds, rural zones, etc.  
  Some players in the forest health public policy sought to exclude NEPA, public comment, & to include categorical exclusions  ( CEs )  
  An example of a public policy debate included whether Microsoft is involved in accusations of monopolistic practices  
  The example of the Microsoft public policy saw, for the first time, Microsoft "becoming involved in politics" by contributing $$$ to the Republican Party   

 
Internal
Links

Top
 Outline on the  Future of the Labor Movement & Unions
External
Links
  -  Project:  The Future of Unions
Link
  The future of the labor movement is fraught w/ many challenges related to changes in the economy, govt support, etc., but the assets of the Labor Movement, such as a committed leadership & membership, will find opportunities in new sectors of the economy & in unorganized workers
 
  To the present, the Labor Movement has experienced:
 
  - a violent birth
 
  - a youthful period of growth
 
  - a loss of numbers & support
 
  - a decline since it's peak in the mid 1940s & 50s 
 
  - pessimism since the 1980s 
 
  - the negative effects of deindustrialization & globalization 
 
  - a political climate that has shifted away from Labor 
- less enforcement of  Labor laws & regulations 
- less public support for Labor 
 
  - so much success that many workers are relatively satisfied w/ working conditions & outcomes
 
  There are ELEVEN Factors, related to Labor Movement growth, which will be important in the future, including 
 
  1. slower workforce growth 
 
  2. more gradual downsizing 
 
  3. tighter labor markets 
 
  4. more efficient organizing by unions
 
  5. immigration
 
  6. more globalization
 
  7. economic development including industry, services, high tech, biotech, internet, computers, robotics, & ?
 
  8. environmental effects
 
  9. greater diversity in the workforce
 
  10. an aging workforce
 
  11. a more educated workforce  
  Other? 
 
  While the Labor Movement can influence many social trends to an extent, as can the govt, mgt., & other social actors, there are some factors over which Labor has a high level of control
 
  There are SEVEN Factors, related to Labor Movement growth, which will be important in the future which Labor can directly influence, including
 
  1. A narrow set of collective bargaining issues
 
  2. The voice of workers 
 
  3. Member solidarity in that orgs can increase solidarity 
 
  4. Leadership skills & responsiveness to members interests
 
  5. Involved in technological development in the workplace
 
  6. Public image / support of policies, strikes, etc. 
 
  7. Political power / public policy to address the TEN Factors related to Labor Movement Growth
 
  There has been increased support for unions in the last two decades
 
  More unskilled workers are joining unions 
 
  Enterprise unionism is the focus on local negotiations is more popular since it mitigates against plant closing more effectively than national bargaining
 
  The Union Agenda for the Future includes:  
  1. the expansion of & protection of  union organizing against consultants  
  2. the expansion of strike power to the public sector  
  3. reinstatement of the sympathy strike  
  4. pass plant closing legislation  
  5. promotion of full employment  
  6. passage of right to know legislation  
  7. the establishing of Universal health care  
  8. passage of pension regulation legislation or rules  
  9.  flex-time regulation (1997 attempt failed)  
  10. limited participation in mgt.:  Inside the Circle  
  11. profit sharing regulation  
  12. organizing low wage workers  
  13. implementation of corporate campaigns
 
  14. improvement of the union image w/ the public & their members
 
 
 Unions have been involved in graft, discrimination, conservatism, & authoritarian organizations  
  Prosperity in the 1950s & 60s led many to believe that unions were no longer necessary  
  The economic stagnation of the last decades of the 20th C reawakened concerns about job security & wages  
  Awareness of the problems of job security & wages came at a time when union membership was declining because of layoffs & employer were showing increased aggression against unions  
  Business blames Labor for the nation's economic problems  
  Labor is giving attention to issues of general interest rather than issues that affect just one group of workers  
  The AFL CIO initiated a multimedia project called  "Union, YES!"   
  The Boy Scouts have developed a Labor badge as a result of efforts by the AFL CIO  
  The CA Fed of Teachers developed a set of lesson plans for teaching about the role of unions in resolving workplace conflicts  
  Recent polls show that a strong majority approves of unions & that unions' approval ratings have been improving since bottoming out in the early 1980s (Freeman and Rogers, 1999)  
  Unions are returning to the practice of taking an active role in community service programs such as the United Way  
 
 15.  promotion of safety & health in the workplace  
  The concern for safety & health have gained attention because of the use of hazardous chemical in the workplace & increased public awareness of health issues  
  Related to safety & health issues are right to know legislation which would require labeling of chemical used in the workplace  
  Labor supports more stringent limits on industrial chemicals proven to be hazardous & increased information & education for workers on workplace hazards  
  Labor has worked to limit the hazards of video display terminal in the workplace & associated joint problems from prolonged sitting & repetitive wrist movements  
  16.  increase union democracy  
  See Also:  Union Democracy  
  A study of the International Typographical Union (ITU) revealed a strong & dynamic role of internal political parties in unions as long ago as the 1950s (Lipset, et al., 1956)  
  The Teamsters, who was connected to organized crime, has developed an internal group called the Teamsters for a Democratic Union (TDU)  
  The TDU has over 9,000 members in 35 chapters, publishes its own newspaper, runs an opposition slate of candidates at conventions, & holds 30 local elected offices (Friedman, 1982)  

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