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Marty Kaplan

Marty Kaplan

Posted February 23, 2009 | 05:06 PM (EST)

Solidarity for Never


Since conservative orthodoxy has turned out to be voodoo economics after all, now would be an excellent time to unmask its demonization of labor unions as yet another con job that big business has pulled on the American people.

You know the knock on big labor. It's bleeding the private sector. The health care benefits and pension plans it has extracted from the private sector are ruinous to global competition. Its contracts prevent bad workers from being fired. Unions are losing members, they're losing power, and as a sign that organized labor is in its death throes, its number one goal -- the price it's extracting for helping Democrats win -- is stealing the right to a secret ballot from American workers. Is nothing sacred?

This menacing caricature of labor is standard Republican dogma, core CEO doctrine, conventional Washington wisdom, kneejerk media narrative and a traditional Beltway litmus test of Democrats' neo-liberalism, common groundism, post-partisan centrism, and countless other euphemisms for a willingness to shaft the workers who voted for you.

A massive corporate PR onslaught now under way is attempting to convince Americans that unions want to bring Soviet-style tyranny to the American workplace. The proposed Employee Free Choice Act, you see, is a dangerous threat to democracy. If this bill passes, when outside activists try to force the workers of a company to unionize, those workers will no longer be able to cast secret ballots. Instead, unions will force workers to vote in public, leaving them vulnerable to intimidation and retaliation if they don't knuckle under to the labor goons.

What a crock. This case -- this one-note war that Chambers of Commerce are waging on the Employee Free Choice Act -- is a textbook disinformation campaign. Whether Americans fall for it will be a measure of whether corporate propaganda in a post-derivatives, post-bubble, post-masters-of-the-universe era still has juice.

Here's how organizing actually works under current law. To unionize a workplace, a union has to get more than 30 percent of that company's workers to sign cards saying they want the union to negotiate with management on their behalf. The union gives the cards to the National Labor Relations Board (NLRB), which certifies them and sets a date for a vote within 42 days.

During this period -- which the company can drag out for years via NLRB extensions and appeals - the balance of power between management and labor is ridiculously lopsided. Owners enjoy a monopoly. While pro-union workers can only post literature in break areas during break time, employers can distribute anti-union information anywhere and at anytime. While owners can enforce a total ban on employees' even talking about unionizing outside the break room, bosses can hammer away at how bad unions are at mandatory staff meetings. Management can threaten workers, and unleash professional union-busters in the workplace, and can claim that unionizing will shut down the work site. At one-on-one meetings, supervisors can tell employees that "a union is a declaration of disloyalty to me personally and an affront to everything the company stands for." When at long last election day arrives, the polling place is right on the job site, where workers can be forced to run a gauntlet of grim supervisors who will watch their faces as they mark and cast their ballots. Under these circumstances, it's a miracle whenever the organizing side tops 50 percent and gets a union. This is the fabulous process that big business says that big labor wants to take away from workers.

But here's how it would work if the Employee Free Choice Act were passed. To organize a workplace, a union would have to get more than 50 percent of the company's employees to sign cards saying they want to unionize. Those cards would go to the NLRB for certification, and then -- well, and then it's all done: the union would be recognized.

In other words, the right to a secret ballot that business says labor wants to steal is actually business's right to a protracted unilateral campaign of intimidation.

What's more, the Employee Free Choice Act says that if workers want a secret ballot election, they can have one. That's right: there's nothing in this legislation that would stop employees from casting their votes in private. The difference is that under the Employee Free Choice Act, the decision to call for a secret ballot election would be an option exercised by workers, rather than a union-crushing privilege that management automatically exercises.

Over the past few months, pretty much all of the Reagan credo has proven to be delusional. The magic of the marketplace, the holiness of deregulation, the good of greed, the genius of "supply side" tax cuts, the wisdom of the wise men of Wall Street: except for the Gipper's famous smile, precious little of Republican fundamentalism has withstood reality's recent assault. All that remains of conservative orthodoxy is the most massive transfer of wealth from the middle and the bottom to the one percent on top since the Pleistocene era. That, plus the slander that Americans' rights at work are a grave threat to freedom.

Their bonuses may have been capped, their jets grounded, their securitized mortgages and credit default swaps unmasked as tulipomania. But there is an obdurate arrogance in the financial power elite that no clawback has yet reached. It reared its head in their attempt to crush unions and break contracts under cover of rescuing the auto industry, and it was apparent in the threat by their wholly owned Senators to derail Rep. Hilda Solis's (D-Calif.) nomination as Secretary of Labor because she supported the Employee Free Choice Act.

Workers who belong to unions are as patriotic as any other Americans. Across the economy, unions are making painful concessions to keep their employers in business. In the wake of this economic meltdown, maybe it's time to put to rest, at long last, the conservative canard that respecting workers' rights to unionize and to bargain collectively is tantamount to a communist coup d'etat.

This is my column from The Jewish Journal of Greater Los Angeles. You can read more of my columns here, and e-mail me there if you'd like.

Since conservative orthodoxy has turned out to be voodoo economics after all, now would be an excellent time to unmask its demonization of labor unions as yet another con job that big business has pul...
Since conservative orthodoxy has turned out to be voodoo economics after all, now would be an excellent time to unmask its demonization of labor unions as yet another con job that big business has pul...
 
 
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HUFFPOST SUPER USER
lgillooly
06:45 PM on 02/26/2009
Mr. Kaplan,
You are 100 percent right,but the RNCorp still has the single most powerful tool. Talk Radio.
Let Rush keep his 20 million dittoheads,but the 1000's of parroting like minded hosts of talk radio in local markets has to be broken up. No other media outlet has the ability to repeat and reach 10's of millions every day all day.
EXAMPLE 2million for O'Reilly is a good day and he is one of the more successful cable guys.
The only hope is for the FCC to brak up the monopoly and diversify ownership at the local level.
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HUFFPOST SUPER USER
JohnBryansFontaine
Liberal Democrat
01:24 PM on 02/24/2009
I've always believed that if not for the violent corporate reaction to the early 20th-century unionizing, they would be far different organizations today. If not for those extreme adversarial beginnings, the relationship between management and workers could have developed in a much healthier way. As unfortunate as these economic problems are, they do give us the opportunity to start over in many ways.
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provoice
10:49 AM on 02/24/2009
I once worked in a shop that had just voted in the Steelworkers Union. I was the very last person hired that could choose to join or not join the Union.

The union had brought in an organizer to sell my co-workers on voting for a union. He and a couple of his spent weeks making threats that my home and family would be in danger from angry union members if I didn't join.

I passed the information to management and told the union henchmen that they would be the first people to suffer if anything unusual should happen to my home and/or family. I never joined.

Since then, unions have been all but wiped out by the growing power of the corporations and their paid flunkies in the media and government.

The pendulum has swung way to far to the other side now... corporations are raping the workers with fewer worker protections, loss of pensions and benefits, shipping jobs overseas, and a myriad of other ways.

Unions CAN serve a number of good purposes as long as a balance between the union and the corporation is maintained. Having EITHER too strong destroys that balance and kills the goose that lays the golden eggs.

"We the people" have already shown that we can make changes in government if they refuse to listen, and it's time we made one hell of a lot of noise about Congress passing this "Secret Ballot' bill... among other things.
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HUFFPOST SUPER USER
NickfromCali
wants a better Democrat than Feinstein as my Senat
10:07 AM on 02/24/2009
You should hear in CA all the anti-tax haters blaming the public employee UNIONS for the budget mess that CA is in. My guess is if private sector unions in the state were stronger CA wouldn't be in such a mess.
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gloriousbeing
I know my gloriousness, how about you?
09:03 AM on 02/24/2009
Thank you Mr. Kaplan. Now, can you please repeat this sentence to rabid Republicans:

"Over the past few months, pretty much all of the Reagan credo has proven to be delusional."
08:36 AM on 02/24/2009
If the companies are abusing the system - amend the system - don't open it up to more abuse. The secret ballot has nothing to do with any of the abuses you cited, and protects the worker against intimidation from both the union and from management.

What is wrong with signing the cards, having a reasonable time to debate, and then casting a secret ballot? Again - If you think the company controls too much of the debate process - fix that - don't eliminate the last step.
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Antifascist-08
06:21 AM on 02/24/2009
Marty! Truth to power and ignorance.

Thank You.
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Davwbaird
43 years standing for equal rights
01:54 AM on 02/24/2009
The revolution is at hand Marty. It happened on election day and it is now slowly unfolding. The market place knows this.
09:05 PM on 02/23/2009
Not so many big words, Marty. We want our wingnut buddies to be able to understand your fine work, too.
09:13 AM on 02/24/2009
I haven't had to look anything up reading Mr. Kaplan in a while and I missed it. It is always fun to learn a new word or two. Today I looked up 'tulipomania' and my Mac dictionary had no clue so I just took the meaning from the context. I am glad I didn't stop there because according to WIKIpedia: The term "tulipomania" is often used metaphorically to refer to any large economic bubble and the historical event from which it is derived is considered to be the first recorded instance of a speculative bubble. Kudos Mr. Kaplan.
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Kassandra
Idiot savant artistic genius
07:54 PM on 02/23/2009
Maybe Obama is trading Social Security for labor Union rights. Strange silence in evey venue of the media on the "economic summit" taking place right now.
Will the administration's efforts be pushed through int he middle of the night in Congress and we all wake up to no Social Security benefits? The silence on this is deafening.

We have to hear about it from across the pond:
Democrats rebel against Barack Obama's overhaul of Social Security
http://www.timesonline.co.uk/tol/news/world/us_and_americas/article5792733.ece
09:11 PM on 02/23/2009
wtf?
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Kassandra
Idiot savant artistic genius
10:07 PM on 02/23/2009
Indeed
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Davwbaird
43 years standing for equal rights
01:57 AM on 02/24/2009
ss tax raised to first 5,000,000 of income regardless of how it is earned. SS given based on need. If assets over one million no get.
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HUFFPOST SUPER USER
provoice
10:56 AM on 02/24/2009
Not bad but you had better add a COLA adjustment to that because at the rate we are going a Big Mac might cost a million $ by next year!

Remember the Alternative Minimum Tax?
07:16 PM on 02/23/2009
OK, everybody but the conservatives [old line reactionary & neo-con] know that FDR & the unions proved that they could & did save capitalism's sorry @$$ from 1933 & on. There are union workers who are itching to do it again. If the worker's take the unions from the candy @$$ed bureaucrats & time servers, the workers will do it again. The SEIU acts like they can do it. Give them a chance. We may again get strong unions, American style unions. That could scare the capitalists into working to save America, sans mega-bonus, golden parachute, palitial offices, luxury corporate retreats & pursuit of the 'good' life. If the old capitalist crew can't or won't do it, they will be replaced as they keel over from 18 hr days, 7 days a week. Capitalism can be brutal on managers who can't think, improvise, organize & work constantly. Capatilasm is not a humane endevor for execs & managers. Execs & managers can become broken hulks well before 40. That's capitalism.
07:06 PM on 02/23/2009
Marty;from an almost 35-year UAW member:THANK YOU!!!

As I see more of the devastation that is Michigan since the loss of union jobs,and the peripheral economic benefits that the non-autoworkers enjoyed because of the auto industry employees,I am convinced that the GOP(especially in MI) is hell-bent on reducing us to the status of the Deep South. Even local business owners,most of whom have been successful because of the money spent in their stores/businesses/et al by autoworkers,still rail against Unions and their membership,and yet still expect us to patronize them. Effin' amazing.

Until ALL workers come together,and realize their collective power,we will always be at the mercy of Corporate Rulers. Until business owners realize that a populace with economic power(you know,the former middle-class) is their lifeblood,and that union members used to make up a lot of that populace,they will continue to revere the notion that unions are bad for business. The sooner these awakenings occur,the sooner common sense will prevail. I ain't holdin' my breath...
12:06 AM on 02/24/2009
excuse me but the "deep south" as you call it is doing much better than michigan. Michigan is a microcosm that should not be replicated if we are going to continue on. That goes for the policies of California as well. These two states should be a giant warning light on what not to do. Look at where the highest foreclosures are, look at where the umemployment is, the highest taxes, it is suffocating.

At least the "deep south" as you snidely refer to it is not begging the rest of the country for handouts. We need to once again embrace sustainable business, or we have none at all, it is despicable to have the tax payers on the hook for everything that fails. And just like the Soviet Union, eventually the tax paying folks run out of money floating an unsustainable business stifiling nation-state, then you collapse.
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04:45 AM on 02/24/2009
Actually, Shaun Hammer, the deep south IS begging the rest of the country for hand outs. These are the most recent stats I could find:

http://www.taxfoundation.org/research/show/266.html

Notice, MI is receiving $0.92 for every federal tax dollar. 6 of the top 10 states are in the deep south. So, your statement that "At least the 'deep south' as you snidely refer to it is not begging the rest of the country for handouts." is false.
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HUFFPOST SUPER USER
Downix
09:09 AM on 02/24/2009
Ahem, I happent o be in the "Deep South" and we're doing just as poorly as Michigan, but with less infastructure and education to support it. Our roads are in worse shape, our bridges in worse shape, our schools in worse shape, and without jobs that pay enough to keep a family of 3 afloat.
07:04 PM on 02/23/2009
The story behind secret ballot to unionize was started by unions because they were worried the employers would use intimidation tactics to NOT unionize. Now the unions want it to do the same thing. Most of you probably do not work in unions, I do. For our business its ok because we are sponsored by the government, but for most businesses, unionization would be their deaths.

There are so many small companies already knuckling under, i know a few, and if they were forced to be unionized, they would fail. And a lack of business choice hurts everyone.
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Motherunit
06:35 PM on 02/23/2009
Back in the early 70's, way before Reagan, I worked in an office that tried to unionize. Corporate used all the tactics you described and then some to put a stop to it. About half a dozen of the most vocal union supporters were suddenly promoted out of the bargaining unit into a "management trainee" program. We all had to endure the mandatory staff meetings, the one-on-ones - where the supervisor would come right out and ask an employee which way they were leaning, the threats to shut down the whole office and put us all out of work...there was nothing they wouldn't try to intimidate us. When the union didn't pass (surprise!) the "management trainees" were all quietly let go. That was 35 years ago. I can't imagine what would happen today with my current employer.