My thoughts below on today’s Supreme Court ruling:
The Supreme Court dealt a major blow to public sector unions today in the case of Janus v. American Federation of State, County, and Municipal Employees by forcing them to service members who do not have to pay their fair share of fees for the services they receive.
The decision has been expected for two years. In 2016, when a similar decision was expected, Supreme Court Justice Antonin Scalia died and it seemed President Obama had an opportunity to shift the court to the left. However, his Supreme Court nominee Merrick Garland, who had a good labor record, was not even given a hearing by the Republican-controlled Senate.
While some will say eliminating the cost of public sector workers is necessary to not cut other programs nor make taxes excessively high, the tax structure should not be designed to overly burden the working and middle class while the upper class can afford new taxes.
Janus is the latest in a long series of defeats for the labor movement.
Public employee unions have been on the defensive for a long time. Private sector unions have already been largely decimated with the except of Building Trades unions in the construction industry.
Labor unions were under attack under Obama on the state level most notably in Wisconsin under Scott Walker but also in several states which became Right to Work became law under which it is not necessary to join a union and thereby becoming a free rider.
On the federal level, conservative opposition blocked a number of labor reforms in Congress. Obama was also the only Democratic President to not have raised the minimum wage. Even George W. Bush raised the minimum wage once it was passed by a Democratic Congress.
In addition, some of the few reforms Obama was able to enact via regulation are being undone by Trump or struck down by reactionary judges interpreting the law for their own ends.
And while unemployment is down, a third of the country is working two jobs to survive due to the uneven economic recovery.
This is what happens when you have a reactionary billionaire class subverting democracy and a crook desecrating the White House.
Labor unions at their height raised the American standard of living to the highest in the world, served as a pillar of the Democratic Party, and funded several progressive causes, including the Civil Rights movement. With their decline, wages are stagnant and we have a generation that will deal with the negative effects of fewer economic opportunities for decades to come.
What is to be done?
It is important to vote of course and call your elected officials to urge them to support you. Donating money allows one more access to politicians and thereby giving advocates the best place to make their case. Advocacy is most effective when sympathetic politicians are already in office and public opinion is on your side.
But quite often the public is divided on an issue and politicians think that being moderate will sway sufficient voters when they are up for re-election.
What has been consistently effective is mass protest, especially when it is disruptive. An example in recent memory would be the airport protest against Trump’s travel ban where massive crowds and cab drivers refused to drive passengers to the airport led to a judge ruling against the ban.
Or think of Rosa Parks defying Jim Crow laws. Her effort sparked the Montgomery bus boycott and its victory which in turn sparked the battles and victories won by the Civil Rights movement which often used civil disobedience to ignite passion in the hearts of people which ultimately helped push the legislation through.
Civil disobedience is where you turn when the government no longer represents you and when you cannot match the money or the insider influence of the other side. And that is where unions and their allies must turn now in the fight for economic justice.
It was through the sit-down strikes led by Auto Workers in Flint which sparked strikes through the country and gave the union the position to make a deal that ultimately raised the living standard for millions in the United States.
It is to civil disobedience that union and their allies need to turn. Mass, disruptive has proven exceedingly effective in red states like West Virginia and Oklahoma where one would not expect unions to win.
In the majority opinion, Supreme Court Justice Samuel Alito Jr. wrote that “agency fees cannot be upheld on the ground that they promote an interest in ‘labor peace.’” “Labor peace” is the idea that unions keep workers operating in a docile fashion and avoid unnecessary strikes that disrupt business. We have had “labor peace” for far too long at the expense of everyone who needs to earn a paycheck for far too long.
Thank you for reading.
Daniel L. Ulloa
American Workforce Association