SocraticGadfly: National Labor Relations Board
Showing posts with label National Labor Relations Board. Show all posts
Showing posts with label National Labor Relations Board. Show all posts

September 04, 2017

"Happy" #LaborDay, including words for the #TrumpTrain and unions



Income inequality and economic immobility both continue to grow, even as Speaker Paul Ryan tells easily refuted lies about the latter.

How did this happen?

A mix of many factors.

One is not directly economic, but the general cowing of workers through courts siding with businesses in stripping away workplace civil liberties is a psychological factor. And, other than in rare cases like Ledbetter, where it's actual discrimination, not civil liberties in general, many Democrats have gone along.

Just as Democratic presidents, while not actually working to gut the National Labor Relations Board, generally declined to reverse gutting by their Republican predecessors.

On income inequality, people still don't talk about how bad it's gotten. For the US as a whole, it's as bad as Mexico. That may be another reason fewer Mexicans are coming to the US. (A greater and greater portion of Hispanic illegal immigrants are from Central America.)

An article by the NYT, claiming that $16.60/hour would be the same in Rochester, New York, as in the Bay Area, leaves it halfway pulling its punches on this issue.

It is right — but doesn't push on it hard enough — that allowing companies to designate more people as contractors is another problem. Republicans encouraged this one, too, and Democrats generally acquiesced, until Obama tried to take too big of a bite back at one time, and too late in his administration.

The biggest problem, in many ways? Organized labor.

The Carpenters and AFL-CIO heads both sitting on Trump's business council? Nothing new. Remember Nixon's hardhats in the early 1970s? Reagan Democrats? (A full 22 percent of them went for Reagan in his first election, and 34 percent of them who thought civil rights was moving too fast.) Andy Stern's suck-ups to big biz of the previous decade? 

Goes back before that.

Maybe as far as Haymarket. US organized labor was in general, at that time, more bourgeoisie than its European counterparts. And, Haymarket, Bethlehem Steel and Ludlow coal world incidents aside, more willing to play ball. The American presidential-driven, duopoly-based political system, by helping shut out a political party that might be labor-specific, was a related problem.

But organized labor itself was often part of the problem.

Yes, Debs' railway union and Bridges' longshoremen were color-blind, as well as having stiffened spines, but AFL unions before the rise of the CIO? And even somewhat after that?

Not.

Sure, Jacobin can point at Communists working to help blacks and whites organize together in the South in the 1930s, but that's the exception that proves the rule. Long before that, black workers were used as strikebusters in urban areas North, Midwest and South. Having often been shut out of organized labor by whites, having been opposed in the workforce by white laborers, at best, they often felt they had little choice; at worst, they likely felt smoldering resentment.

(The next time the likes of Jacobin writes an "it's all classism and never racism" piece, ask them how many black faces they can find in, say, pictures from the Flint strikes of the late 1930s. In my opinion, it's intellectually dishonest to try to gloss over the history of racism in organized labor, or to try to reduce racism to classism in nearly every instance — and that goes for people beyond Jacobin.)

Mainstream AFL-CIO unionism would shoot itself in the foot in other ways, or if not direct foot-shooting, undermine broader politically left issues.

It was the third leg, along with the AMA and big business, in opposing Harry Truman when he made the first serious push for national health care in the US.

It cooperated willingly with the CIA in helping establish anti-Communist sham unions outside the country, especially in South America.

Many of its leaders, as well as members (those hardhats), virulently opposed antiwar efforts in the Vietnam War — and later.

In industries like autos, its members believed the whisperings of the ownership class about job loss fears and stridently opposed the environmentalist movement as it grew in the 1970s.

Much (but certainly not all) of organized labor has slouched toward Gomorrah for decades.

That said, so has the American workforce that is not unionized.

Class-conscious in a way that the Paul Ryans of the world won't admit publicly, but surely push to enhance privately, for many gray-collar and tech-collar employees, "union" remains a dirty word.

The labor movement in America, inside and outside unions, isn't going to get better until these things happen:
1. Democrats stop nominating neoliberal candidates / or Greens start breaking through with labor voices
2. Union leaders stop willingly being co-opted by Republican leaders and business leaders
3. More workers indicate their willingness to look beyond the Democratic Party and beyond organized labor if 1 and 2 don't happen.

June 26, 2014

#FreeSpeech gets another win from the Supreme Court

I agree with The Nine in killing a Massachusetts law severely restricting conversations around abortion clinics. SCOTUS did not invalidate its previous ruling upholding a Colorado law with "bubble zones," which Massachusetts used before 2007.

It was also sad, but not surprising, to see the ACLU on the wrong side of this case. That said, today's ACLU probably would not defend neo-Nazis marching through Skokie, Ill. It certainly would not defend anti-gay rights activists marching through the Castro district of San Francisco.

Yes, the old bubble-rule law required more police work. Aren't Constitutional liberties worth it?

SCOTUS has also decided Canning vs. NLRB, the case over whether Obama could use presidential recess appointment powers during "pro forma" Senate sessions. A majority ruling said "no," while leaving open the possibility that if pro forma sessions every three days cover longer periods of time, they'll relook at the issue.

On the other hand, the pro-forma sessions in the case at hand covered a two-week period, per the Times. How much longer of a period Senate obstructionists would have to stall out with pro-forma sessions to trigger Stephen Breyer's concerns, I don't know.

Nino Scalia, vaunted alleged "originalist" interpreter of the Constitution, in a partially concurring opinion, shows that his "orginalism" blows with the wind, like much of the hot air out of his mouth, per the first link on this story:
"The majority practically bends over backward to ensure that recess appointments will remain a powerful weapon in the president's arsenal," he said. "That is unfortunate, because the recess appointment power is an anachronism."

What a liar he is.

It would be nice to think he might feel the same way were Obama a Republican. But, I don't believe that.

That said, I, overall, think the ruling was right. As the Times notes, the partial filibuster reform Harry Reid rammed through makes this somewhat, but not totally by any means, nugatory.

The Hobby Lobby vs. Obamacare case looks like its ruling is on hold for one more day.

January 25, 2013

Does the US Senate 'pro forma' session need reforming?

I'm kind of two minds about this. Not sure whether it's more an abuse of power by the minority party in the Senate, or whether the DC Court of Appeals ruling is ultimately correct.

And, just what is that ruling?

The DC Circuit Court has ruled that multiple appointments President Barack Obama made to the National Labor Relations Board during a Senate recess were unconstitutional.
The Obama administration has repeatedly asserted that the appointments to the N.L.R.B. were legitimate because he made them when the Senate was away during a 20-day holiday recess a year ago. The appeals court strongly disagreed, ruling that the Senate was technically in session because it was gaveled in and out every few days as part of a tactic that created “pro forma” sessions. 
I don't know if SCOTUS will uphold the appellate court ruling or not, but this is a biggie on balance of powers issues.

More here from the LA Times; use "porn mode" to defeat the paywall as needed.
In Friday’s decision, Chief Judge David Sentelle ruled for the challengers and said a “recess” refers to the break when Congress formally adjourns after a two-year session.
“An interpretation of 'the Recess' that permits the President to decide when the Senate is in recess would demolish the checks and balances inherent in the advice-and-consent requirement, giving the President free rein to appoint his desired nominees at any time he pleases, whether that time be a weekend, lunch, or even when the Senate is in session and he is merely displeased with its inaction. This cannot be the law,” said Sentelle, an appointee of President Reagan. He was joined by Judges Karen Henderson and Thomas Griffith, who are also Republican appointees.
The big question is, which is not clear, is will the appellate court ruling, if it stands, invalidate the NLRB rulings made since the most recent recess appointments? If it does, then we damn well better have some liberal groups suing over every Bush-era recess appointment, too.

Yes, that would be boatloads of chaos, but, better that than letting a one-sided ruling stand.

This is clearly an act of conservative judicial activism, otherwise.

January 04, 2012

Did Obama steal Anita Perry's backbone?

First, we here in Texas, especially, know why Rick Perry reassessed his reassessment of the state of his campaign. Wife Anita, who could be a slightly less Stepford version of Cal(l)ista Flockhart Gingrich, has had his cojones in her personal jewel box ever since rumors about Brokeback Rick and his allegedly pending offshore divorce plans nearly a decade ago.

In other words, the "god" that told Rick Perry to run has a first name, and it's Anita.

That said, Barack Obama has found a backbone that Michelle Obama never had to worry about stealing from him, or so it temporarily seems.

Recess appointments not only to head the consumer finance agency but to bring the National Labor Relations Board up to full strength? What, other than the 2012 presidential elections, is up with that?

Actually, on the NLRB, it's probably clear, as Keystone XL is also indicating. Obama believes he needs both the numbers and organizing potential of unions to shore up his candidacy and rebuild enthusiasm that young Occupiers probably won't all have for him. So, this backbone probably won't extend to environmental issues. And, even with unions, it will be subverted to Dear Leader's version of "triangulation" on other economic-related issues. What if the debt stupid-committee or the Catfood Commission open their collective mouths, though?

Stay tuned.