Fyodor Dostoyevsky famously said that you can judge a country by how well it treats its prisoners. This observation has been amended to apply to other groups: to how well a country treats its old people, to how well it treats its minorities, to how well it treats its children, to how well it treats its mentally ill, even to how well it treats its pets. That last one is a bit hard to swallow. ("Hey, Freedonia must be a great country....they're really nice to their dogs.")
Because most of the world's people are required to work for a living, and because it's always a temptation to posit universal truths, some of us have suggested amending Dostoyevsky's observation thusly: One can judge a country by how well it treats its working people. And by that standard, the U.S. has a pitiful record.
Because everyone has to work, and because (as Marx noted) there is almost always going to be a surplus of labor (too many people applying for too few jobs), two things are clear: (1) management is always going to be in the driver's seat, and (2) workers are forever going to be vulnerable to the inexorable squeeze of a seller's market.
That's why the safety net of the minimum wage was established as part of Roosevelt's New Deal, and that's why labor unions were invented, to give the working class a modicum of leverage when dealing with management.
Union workers have two forms of leverage: collectivism (strength in numbers) and striking (refusing to work until given a fair contract). Anyone can readily see the difference between having a lone worker complain to the company that it's not right to arbitrarily cut his pay simply because they can, and having four-hundred workers march into company headquarters and complain about the same thing. Which is why collectivism is so important.
But in June of 1985, the Supreme Court, by a 5-4 vote, agreed with an earlier NLRB decision (Pattern Makers League of North America vs. NLRB) allowing union members to cross their own picket line without fear of being fined or otherwise penalized by the union. The majority justices in that decision were Burger, Rehnquist, O'Connor, Powel and White. The minority were Brennan, Marshall, Blackmun and Stevens.
What the Pattern Makers decision did was make scabs legal. With one stroke of the pen, the Supreme Court shredded the fabric of union solidarity. American workers have a clear choice; they can work in a union shop, which offers superior wages, benefits and working conditions, or they can take their chances in a non-union shop. Fewer than 7-percent of private sector businesses are unionized, which means that more than 93-percent are non-union. Good luck.
But if you do choose to join a union, it's only fair that you behave as a member. Union membership is a privilege, not a right. Again, it was your choice to join, and with fewer than 7-percent of the jobs being union jobs, it's obvious that you ferreted out a union shop in order to reap the benefits. Accordingly, if the membership votes to strike (and by law, they must vote on such a measure), then, as a member in good standing, it's only fair that you honor that vote.
Yet, by virtue of the Pattern Makers ruling, when a union hits the bricks in order to seek an improved contract, this employee--who has heretofore wallowed in those union wages and benefits--can cross the picket line, continue to work and draw a paycheck (while his union brethren languish as pickets), and then, when the strike is settled, and the union succeeds in gaining some hard-fought improvements, can partake of those improved benefits as if nothing happened. The Supreme Court made it legal.
It's no wonder the labor movement has lost so much traction. With anti-union Republicans, the pro-business media, and gutless Democrats all being joined by a faux-libertarian Supreme Court, organized labor is fighting for its life.
David Macaray, a Los Angeles playwright and author ("It's Never Been Easy: Essays on Modern Labor"), is a former labor union rep.
Our 2024 Coverage Needs You
It's Another Trump-Biden Showdown — And We Need Your Help
The Future Of Democracy Is At Stake
Our 2024 Coverage Needs You
Your Loyalty Means The World To Us
As Americans head to the polls in 2024, the very future of our country is at stake. At HuffPost, we believe that a free press is critical to creating well-informed voters. That's why our journalism is free for everyone, even though other newsrooms retreat behind expensive paywalls.
Our journalists will continue to cover the twists and turns during this historic presidential election. With your help, we'll bring you hard-hitting investigations, well-researched analysis and timely takes you can't find elsewhere. Reporting in this current political climate is a responsibility we do not take lightly, and we thank you for your support.
Contribute as little as $2 to keep our news free for all.
Can't afford to donate? Support HuffPost by creating a free account and log in while you read.
The 2024 election is heating up, and women's rights, health care, voting rights, and the very future of democracy are all at stake. Donald Trump will face Joe Biden in the most consequential vote of our time. And HuffPost will be there, covering every twist and turn. America's future hangs in the balance. Would you consider contributing to support our journalism and keep it free for all during this critical season?
HuffPost believes news should be accessible to everyone, regardless of their ability to pay for it. We rely on readers like you to help fund our work. Any contribution you can make — even as little as $2 — goes directly toward supporting the impactful journalism that we will continue to produce this year. Thank you for being part of our story.
Can't afford to donate? Support HuffPost by creating a free account and log in while you read.
It's official: Donald Trump will face Joe Biden this fall in the presidential election. As we face the most consequential presidential election of our time, HuffPost is committed to bringing you up-to-date, accurate news about the 2024 race. While other outlets have retreated behind paywalls, you can trust our news will stay free.
But we can't do it without your help. Reader funding is one of the key ways we support our newsroom. Would you consider making a donation to help fund our news during this critical time? Your contributions are vital to supporting a free press.
Contribute as little as $2 to keep our journalism free and accessible to all.
Can't afford to donate? Support HuffPost by creating a free account and log in while you read.
As Americans head to the polls in 2024, the very future of our country is at stake. At HuffPost, we believe that a free press is critical to creating well-informed voters. That's why our journalism is free for everyone, even though other newsrooms retreat behind expensive paywalls.
Our journalists will continue to cover the twists and turns during this historic presidential election. With your help, we'll bring you hard-hitting investigations, well-researched analysis and timely takes you can't find elsewhere. Reporting in this current political climate is a responsibility we do not take lightly, and we thank you for your support.
Contribute as little as $2 to keep our news free for all.
Can't afford to donate? Support HuffPost by creating a free account and log in while you read.
Dear HuffPost Reader
Thank you for your past contribution to HuffPost. We are sincerely grateful for readers like you who help us ensure that we can keep our journalism free for everyone.
The stakes are high this year, and our 2024 coverage could use continued support. Would you consider becoming a regular HuffPost contributor?
Dear HuffPost Reader
Thank you for your past contribution to HuffPost. We are sincerely grateful for readers like you who help us ensure that we can keep our journalism free for everyone.
The stakes are high this year, and our 2024 coverage could use continued support. If circumstances have changed since you last contributed, we hope you'll consider contributing to HuffPost once more.
Support HuffPostAlready contributed? Log in to hide these messages.