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Organizing | ||||
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Framework for Organizing |
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The Organizing Campaign | ||||
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The NLRB | ||||
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Factors Considered by the NLRB that Affect Bargaining Unit Determination |
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The NLRB & Organizing |
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Membership Trends | ||||
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Why the Middle & Working Classes Have Not Organized |
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- Video: Norma Rae |
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- Project: Organizing Tactics |
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Organizing wkrs is the process of bringing wage earners together into a union | |||||
In some cases, the wkrs 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 wkrs to join | |||||
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Unions have the right to exclusive representation |
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Like the American Congress & Presidency, unions have a winner take all policy |
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Unions do not want to share the privilege of representing the wkrs with any other grp | |||||
Most unions insist on being the sole representative of a particular group of employees | |||||
The practice of being the sole representative for wkrs is called the principle of exclusive jurisdiction | |||||
The National Labor Relations Board conducts secret ballot elections at firms to determine which union wkrs want, if any | |||||
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Under the law, only one union may represent a bargaining unit |
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In the Parliamentary System, in Europe & many other nations, in a district, parties receive candidates in proportion to their share of the vote |
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They then must build a coalition to elect the Prime Minister, which is equivalent to the American Presidency |
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Unions have several reasons for organizing, including that: |
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a. it is easier to get wage benefits if more workers are organized because this increases monopoly power of Labor |
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b. organizing increases financial resources available to the union |
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c. organizing is a means to increasing union effectiveness & power |
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Campaigns to organize begin at the local or national level |
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National level campaigns target specific firms & send professional organizers |
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Organizers sometimes apply for jobs at the firm they are trying to organize |
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Most organizers attempts begin at the local level when some worker voices interest |
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The Labor Movement was conservative & cautious in the 1980s & 1990s because of declining membership, the corporate anti union strategy, an unfriendly political environment, & a difficult economic environment | |||||
The Labor Movement has become bolder & more innovative in the 2000s because it determined that failure to "join the battle" was not a safe haven | |||||
ORGANIZING STRATEGIES: THE CORPORATE CAMPAIGN & THE INSIDE GAME | |||||
Two new Labor organizing & bargaining strategies are now in practice, including the corporate campaign & the inside game | |||||
The corporate campaign expands union activity outside the workplace by targeting a corporation's network w/ traditional organizing & bargaining tactics such as distributing literature linking the target corp. w/ wage cuts, unsafe work practices, layoffs, shutdowns, discrimination, sexual harassment, or whatever issue the workers have w/ the corp | |||||
In a corporate campaign, the union may address the financial backers of the corp., consumers, & the public | |||||
Some unions have closed accounts w/ the lenders of the target corp to pressure corps to come to terms w/ their wkrs (Peterson, Lee, and Finnegan, 1992) | |||||
Public boycotts of lenders can be encouraged | |||||
Negative publicity can have a strong effect on the target corps | |||||
The inside game is a bargaining tactic whereby union members utilize informal shop floor activities to demonstrate workers' resolve, power, & issues | |||||
The inside game may use the old tactic of "work to rule" where workers follow procedures to the letter of the standard operating procedures | |||||
Working to rule slows down production dramatically | |||||
Workers may stop work & collectively discuss grievances w/ supervisors, especially grievances about safety issues | |||||
The inside game operates in the gray area btwn appropriate procedures & sanctionable offenses | |||||
For the inside game, workers may wear union buttons or a single color of style of clothing to build solidarity & bolster courage | |||||
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The advantage of the inside game is much like the sit down strike, the wkrs gets to stay on the job & draw pay while pressuring the corp | ||||
A union tries to get all the wkrs in a plant or industry to join the union |
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In some establishments, the union & the employer agree to set up a union shop | |||||
In a union shop, the employer can hire anyone but they must eventually join the union | |||||
But new employees must join the union w/in a certain period or pay the equivalent of union dues | |||||
The arrangement of joining or paying dues spreads the cost of union representation evenly among the employees, who also share any benefits the union wins | |||||
But individuals who oppose the union must contribute to it against their wishes | |||||
Twenty one states, most of them in the South, have laws banning union shops | |||||
Laws banning union shops are called right to work laws because they guarantee a person's right to obtain employment without joining or supporting a union | |||||
A business that employs both union & nonunion wkrs is called an open shop | |||||
Union dues are higher in most open shops than in union shops because fewer people share the cost of union representation | |||||
In a closed shop, which is now generally illegal, the employer could hire only union members | |||||
During the 1800s & early 1900s, many employers insisted that their wkrs sign a promise not to join a union | |||||
An agreement promising not to join a union was called a yellow dog contract | |||||
The Norris LaGuardia Act of 1932 said that an employee could not be sued in fed court for breaking a yellow dog contract | |||||
As a result of the inability to sue to enforce yellow dog contracts, such agreements became unenforceable and gradually disappeared |
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Firms generally have no distribution or solicitation rules, and these may impact organizing efforts |
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Early organizing may be done secretly |
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Most firms prohibit any solicitation on the premises |
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This keeps organizers out |
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The rules on solicitation do not apply to workers so workers may sell raffle tickets or give out union information |
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Early in plant support for organizing is valuable & critical |
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In organizing, the Union may take advantage of quasi public areas such as parking lots, areas in front of the factory, etc. to be able to contact workers |
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Three Goals of Organizing |
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a. Obtain signed authorization cards |
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b. Obtain voluntary recognition or an NLRB directed election |
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c. Obtain a successful contract |
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Organizing Tactics: |
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Community Action: |
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Communities often assist in the organizing effort so it is beneficial to the Union to get local people on their side | |||||
Corporate Campaigns are designed to inform customers of the firm's behavior |
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The aim of a Corporate Campaign is to put pressure on the corporation | |||||
Old tactics in organizing include the use of handbills, letters, mass meetings, button holing |
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New tactics in organizing include one on one rank and file intensive campaigning |
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Unions need an experienced cadre of organizers to implement these tactics |
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Firms have Tactics to Defeat the Union Organizing Effort |
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Firms often hire anti-union consultants | |||||
Firms present large scale worker communications on laws & rights | |||||
Firms organize small group discussions around labor issues | |||||
Firms organize individual interviews to see what workers think about labor issues | |||||
Labor Law forbids interfering w/ organizing, but firms know the rules & push them to the limit | |||||
a. Firms sometimes transfer out workers who they believe might be pro union & they sometimes transfer in workers who they believe might be anti-union | |||||
b. Firms often offer raises at the first hint of organizing by a union | |||||
c. Firms use scare tactics to prevent organizing - etc. | |||||
Many firms are pro-actively anti-union | |||||
Many firms have early warning systems to detect union activity | |||||
Undecided workers tend to vote for the company rather than the union | |||||
The typical worker will be exposed to much more info from the firm than from the union |
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There are FIVE factors affecting bargaining unit (BU) determination |
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In determining the make up of a BU, the NLRB considers
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a. Legal constraints |
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S 9(b) Taft Hartley: | |||||
Amended Taft Hartley, 1974 | |||||
b. Constitutional jurisdiction |
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In determining the make up of a bargaining unit, unions concentrate on certain occupations, industries, or geographic areas |
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The union's concentration on certain occupations, industries, or geographic areas is changing & more unions are diversifying: |
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The UMWA, under Lewis, organized in a wide area of industries, areas, & occupations |
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After Lewis' tenure, the UMWA only organized miners |
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Today, the UMWA is diversifying again |
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The Teamsters re affiliated w/ the AFL CIO reducing raiding & increasing diversification | |||||
c. The union's desired bargaining unit | |||||
The union's desired bargaining unit is affected by the likelihood of success in organizing & bargaining |
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The union must balance what it wants for a bargaining unit w/ what it can get via a representation election |
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A Bargaining Unit must be winnable & be worth winning (have power, enough members, generate wealth, etc.) |
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d. The firm's desired bargaining unit |
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The Firm wants Bargaining Units that the Union may not win or may be weak | |||||
The Firm might want small, independent Bargaining Units to minimize the effect of a strike | |||||
e. The NLRB's philosophy is considered | |||||
The NLRB's philosophy considers EIGHT factors in Bargaining Unit Determination | |||||
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i. Community of Interests: Common worker interests include: |
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- wages |
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- hours |
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- benefits | ||||
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- work conditions - etc. |
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No benchmarks have ever been established for these common work factors |
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ii. Geographic & physical proximity |
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iii. The Firm's administrative or territorial divisions also known as the Use Unit |
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In determining the Bargaining Unit, the NLRB uses a unit w/in a uniform personnel or Human Resources mgt. area | |||||
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iv. Functional Integration denotes the number & type of workers necessary to core production |
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v. The level of interchange of workers btwn plants |
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If the level of interchange of workers btwn plants is high, the NLRB is more likely to make it one unit | |||||
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vi. Bargaining History which is also known as Precedent |
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In examining the Bargaining History, the NLRB examines what has typically been done w/ this type of firm, workers, etc. | |||||
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vii. Worker's desires |
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The NLRB may allow workers to decide for or against inclusion in a particular Bargaining Unit | |||||
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viii. Extent of organization |
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The NLRB chooses the Bargaining Unit with the greatest amount of organization and allows for the fullest freedom for the workers | |||||
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Craft Severance |
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The Amended Taft Hartley dictates that a separate craft may be allowed to form a separate union |
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The NLRB allows severance where any of the following organizational characteristics exists: |
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Severance is allowed where there: | |||||
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a. is a high level of skill, functional differentiation, or traditionally different job |
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b. is a short bargaining history |
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Severance is not allowed where there is a likelihood of disruption w/ severance | |||||
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c. is distinct separateness |
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d. are historically different bargaining units in the industry |
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e. is low integration in production |
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f. is a high degree of experience required |
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Other Issues in Unit Determination |
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a. Accretion: |
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Accretion is where a new facility is included in the unit or when an existing unit gains workers from another union | |||||
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b. Reorganization & reclassification |
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c. Successor organizations: |
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A successor org is when a new organization is formed that succeeds or replaces the old organization | |||||
A successor org may result from a buy out, a bankruptcy or any other form of corporate reorganization | |||||
Unless a successor org clause is included in the contract, if a new firm buys the plant, the union must re certify, but these clauses are atypical | |||||
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Accretion, reorganization & reclassification, & successor organizations are all used against labor |
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- Project: Organizing |
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IN ORGANIZING, THE NLRB HAS THE RESPONSIBILITY OVER AUTHORIZATION CARDS, CERTIFICATION, UNFAIR CAMPAIGN PRACTICES |
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It is the responsibility of the NLRB to validate authorization cards |
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It is the responsibility of the NLRB to oversee certification & decertification elections |
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It is the responsibility of the NLRB to rule on unfair campaign practices by either labor, the firm, or both |
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DURING ORGANIZATION, INTERROGATION OF WKRS IS REGULATED |
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Firms may usually interrogate a worker, even during an election campaign |
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During a campaign, a firm may not interrogate when the |
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a. firm has history of hostility to labor |
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b. info is likely to be used against an individual |
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c. questioner is hi level mgr. |
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d. interrogation is intimidating |
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e. respondents are fearful |
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A common difficulty for the union is proving a labor abuse by management on organizing issues to the NLRB |
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DURING ORGANIZATION, COMMUNICATION W/ WKRS IS REGULATED |
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Again, firms have the right to communicate to workers, whether or not a campaign is occurring |
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During a campaign, if the firm presents anti-union views in a meeting, then the union must get equal time |
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During a campaign, the firm cannot make new promise regarding any working conditions | |||||
But the firm can point out that under negotiation, all conditions are negotiable (implying things may get worse) | |||||
The NLRB has reversed itself 3 times on whether campaign distortions are an unfair labor practice | |||||
Today, there is no requirement for truthfulness because | |||||
- The NLRB does not want to judge every campaign statement | |||||
- The NLRB assumes workers are "politically astute" & can determine truthfulness for themselves | |||||
The 24 Hour Rule holds that there may be no captive audience presentation w/in 24 hours of an election by the union or the firm | |||||
Because neither the firm nor the union would have time to offer any rebuttal, no organizing presentations may be offered w/in 24 hours of an election |
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DURING ORGANIZATION, THE EFFECTS OF UNFAIR PRACTICES ARE ESP CONSEQUENTIAL | |||||
Unfair practices in union elections are much more common than in public elections | |||||
Unfair practices in union elections have a significant impact, i.e. they occur too often | |||||
In 31 campaigns, the NLRB found problems in 22 of them: | |||||
12 ordered election reruns | |||||
9 issued bargaining orders | |||||
1 issued other remedies | |||||
THE NLRB MAY SET ASIDE ELECTIONS & GIVE BARGAINING ORDERS IF UNFAIR PRACTICES ARE GRIEVOUS | |||||
Bargaining orders are given when the NLRB orders the firm to recognize union & begin bargaining | |||||
The NLRB sets aside elections & gives bargaining orders because it considers the conduct of the firm as very coercive & it believes there is a demonstrated majority for the union | |||||
THE IMPACT OF NLRB REMEDIES IS IN THE EYE OF THE BEHOLDER: LABOR SEES IT AS WEAK; MGT SEES IT AS OVERLY BURDENSOME | |||||
From the perspective of labor, on the whole, the NLRB does too little, too late & is thus ineffective | |||||
Even if NLRB orders a rerun of an election, unions don't win as often as in a normal election | |||||
Bargaining orders do not guarantee a contract, since the firm may drag out negotiations | |||||
Only about 39% of bargaining orders resulted in contracts | |||||
The NLRB can give cease & desist orders in the event of unfair practices |
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- Project: Why People Don't Get Involved | |||||
THE MID & WKING CLASSES HAVE NOT ORGANIZED BECAUSE: | |||||
[Note that all of these reasons are intertwined & influence each other] | |||||
1. COMPETITION MAKES SACRIFICE FOR THE GROUP DIFFICULT | |||||
The mid & wking classes have not organized because the present socio economic political system (SEP Sys) makes it hard to sacrifice for the group, the greater good, when you are fighting for survival | |||||
2. THERE IS A LACK OF KNOWLEDGE ABOUT THE REASONS TO ORGANIZE, & HOW TO ORGANIZE | |||||
The mid & wking classes have not organized because the non upper classes lack basic knowledge of the workings of the SEP Sys | |||||
See Also: The Theories of the Social Sciences | |||||
See Also: Conflict Theory | |||||
3. THERE IS A LACK OF KNOWLEDGE ABOUT HOW TO CHANGE THE SYSTEM | |||||
The mid & wking classes have not organized because the non upper classes lack basic knowledge of how to change the SEP Sys | |||||
See Also: Social Change | |||||
4. THE UC IS ORGANIZED & PURSUES ITS OWN INTERESTS & OPPOSES ACTION BY THE MC & WC | |||||
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The mid & wking classes have not organized because the upper class has it's own interest, & pursues them; the UC has class consciousness; the UC has opposing interests to the non- upper classes; the UC is better organized & funded than any of the lower classes; the UC works to preserve their own ideology & disseminate it to the non upper classes |
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See Also: Class & False Consciousness | |||||
See Also: Ideology | |||||
5. THEY HAVE FALSE CONSCIOUSNESS | |||||
The mid & wking classes have not organized because the non upper classes have false consciousness in that they support the interests of the UC | |||||
6. THEY PURSUE THE "AMERICAN DREAM" AS INSTITUTIONALIZED BY THE UC | |||||
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The mid & wking classes have not organized because non upper class culture reflects the culture of the UC as embodied in the "American Dream" & this is a culture that socializes people to pursue institutionalized goals via institutionalized methods, & it is not a culture of revolution, must less even radical change |
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See Also: Culture | |||||
See Also: Working Class Culture | |||||
7. THERE IS A WIDE RANGE OF DIVERSITY IN THE MC & WC WHICH MAKES UNITARY CONSCIOUSNESS / ACTION DIFFICULT | |||||
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The mid & wking classes have not organized because working class diversity embodies diverse values which represent diverse interests over riding the goal of improvement for all |
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8. DIVERSE INTERESTS OF RACE, ETC., ARE EXPLOITED BY THE UC | |||||
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The mid & wking classes have not organized because racial, ethnic, & gender differences are exploited by the upper class |
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See Also: Split Labor Mkt Theory | ||||
9. THE HORATIO ALGER MYTH, THAT WE CAN ALL GET AHEAD, IS STILL OPERATIVE | |||||
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The mid & wking classes have not organized because the Horatio Alger Myth, where we see the upper class as something to attain, not something to change, & other main stream values are actually the knowledge, beliefs, values, & norms, i.e. culture of the upper class | ||||
10. THEY ARE ESSENTIALLY SATISFIED WHERE THEY ARE FOR MUCH OF THE TIME | |||||
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The mid & wking classes have not organized because the non upper classes of the 1st world have the power to institute change but are essentially satisfied, or not exploited to the stage of wanting to fight for change |
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The inaction of the non upper classes in relation to social change because of their relative satisfaction is often called pacification | |||||
11. THE LOWER CLASSES AROUND THE WORLD DO NOT HAVE THE POWER TO FOSTER CHANGE | |||||
The mid & wking classes have not organized because the non upper classes of the semi periphery & periphery are essentially dissatisfied to the stage of wanting to fight for change, but they do NOT have the power to do so |
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