Disunity within the house of labor: Change to win or to stay the course?

In September 2005, six unions representing 5.4 million workers held their founding convention as a new federation independent of the AFL-CIO. Infelicitously named “Change to Win Federation” (CTWF), the new alliance has called for a rededication of union resources and energies towards organizing the unorganized. Although CTWF has occasioned considerable interest and speculation among labor supporters and observers, it is difficult to determine why the break occurred, other than, perhaps, the personal agenda of some of its leaders. An unstated, significant reason may be a desire on the rebels’ part to operate relatively free of “noraiding” strictures of the AFL-CIO, even though the group disclaims any interest in challenging existing bargaining relationships and has penned “solidarity pacts” with some of its principal AFL-CIO competitors and with state and local units of the federation. Competitive forces are missing in the market for workplace representation services. The new group may reignite the rival unionism that spurred organized labor’s marked growth from 1935–1954, but early returns suggest an emphasis on militant posturing and on trendy, implausible themes such as “global unionism” and “subcontracting out strikes.”     

Mandatory agency shop laws as an explanation of Canada-U.S. union density divergence

X. Conclusion During a period of strength the Canadian labor movement was able to secure enduring legislation providing for their institutional protection. In the 1940s Justice Rand justified his decision by invoking the spirit underlying the operationalization of a collective bargaining regime. In the 1990s the Canadian Supreme Court continued this tradition by refusing to hollow out unions’ rights to a secure financial base and autonomy in decision making. Between the 1940s and the 1990s, the unions' voice was heard in legislatures throughout the country through the NDP. Canadian unions now benefit from, among other things, first-contract arbitration, job protection for striking workers, and a card process of union certification. Thus, although current Canadian attitudes towards unions show considerable detachment, the embeddedness of legal protections helps hold such challenges as RTW in Alberta at bay. During the same years, American labor was unable to translate its strength of numbers into gains in public policy: in fact, as union density peaked, legislation such as the Taft-Hartley Act and Landrum-Griffin Act eroded union institutional protections. An earlier version of this article appears as “Union Security in Canada,” in The Internal Governance and Organizational Effectiveness of Labor Unions, edited by S. Estreicher, H. C. Katz, and B. E. Kaufman, Kluwer Press. We are grateful for their permission to reproduce portions of the chapter. Comments from Dennis Nolan (University of South Carolina) and John Godard (University of Manitoba) are greatly appre-ciated. The article benefited from their excellent suggestions. Research assistance from Fred Jacques is acknowledged. We follow the Canadian spelling of “labour” for accuracy when it is used in citations, quotes, and titles.     

General Feelings Toward Unions and Employers as Predictors of Union Voting Intent

The union voting intention literature shows that many nonunion employees who indicate that they think unions are instrumental in increasing wages, benefits, and working conditions would vote against forming a union. Although American workers have often been characterized as pragmatic with regard to their support for unions, the “disconnect” between union beliefs and union voting intentions just described suggests that more subtle forces are at work. In this paper, it is shown empirically that union instrumentality is a limited predictor of union voting intentions for a recent national cross-section of workers. Rather, more general feelings toward unions and employers are primary. These accounted for a large portion of the variance in union voting intentions, with general feelings towards unions by far the most critical predictor. A concluding section discusses whether the results may reflect changes in union power and changes in employee views of unions. Areas for future research are discussed.     

Union activity and the decline in American trade union membership

This paper extends recent research on the determinants of the decline in union membership in the United States. Using biennial state-level data for a set of years between 1958 and 1982, my model tests “union organizing,” “structural,” “management opposition,” and “public policy” hypotheses concerning union membership and suggests improved specifications of each of these hypotheses. The paper also examines the relative importance of each factor in explaining the decline in unionization. The results support each of the hypotheses and confirm previous findings that changes in the structure of the labor force are most important in explaining union membership decline.     

Outsourcing and union power

The outsourcing of union work and jobs either diffuses or diminishes union membership, depending on perspective and situation. The correlation of trends in union membership to trends in union power, while less than perfect, has until recently been relatively strong over the past sixteen years. The fact that as diverse a sample of unions as AFSCME, SEIU, and UAW have chosen to make outsourcing a prominent labor/public relations issue suggests that the correlation continues to be perceived by the union movement to be significant, notwithstanding the efforts of the “new” leadership of the AFL-CIO to break that link with respect to union political power by “taxing” member unions and their members to contribute both money and militancy to the 1996 election cycle. Although outsourcing may lead only to the diffusion of union membership either within or between unions, as opposed to the diminution of union membership, this fact has not received a great deal of attention. The net effect on total union membership of outsourcing from one union employer to another union employer is unclear, although the effect on the membership of the union at the outsourcing employer is not. The redistribution of membership within a union as a result of outsourcing is likely to have little immediate impact on union power. However, as even the best case scenario presented above suggests, it may have significant long-run deleterious effects on union bargaining power by taking labor out of a sheltered market and putting it into potentially competitive market. This is particularly likely to be the case when outsourcing (1) places the outsourced work into a different industry or wage contour and (2) creates the possibility of moving from sole-source to multiplesource supplier arrangements. The redistribution of membership between unions as a result of outsourcing is unlikely to have a major impact on union power broadly defined. It can have, however, serious deleterious effects in terms of the power of an individual union, as suggested in my “competitive case” scenario. The fact that one union’s losses due to outsourcing may be another union’s gain is of little consolation to the losing union. That act, in and of itself, may make the threat of outsourcing a potential union “Achilles heel” at the bargaining table by placing it into competition with some other, perhaps unknown, union as well as possibly nonunion competition. The most obvious threat to union power comes from outsourcing that diminishes union membership overall by transferring jobs from union to nonunion employers. The willingness and ability of employers to move work/jobs entirely out of the orbit of union control constitutes, in terms of power and particularly union bargaining power, a revisitation of the phenomenon of the “runaway shop.” It may also be viewed as a proactive form of hiring permanent replacements for (potentially) striking workers. The union options in dealing with such a challenge are to endeavor to preclude outsourcing through legislation or collective bargaining or to chase the work by organizing the unorganized, hopefully with the help of the unionized outsourcing employer. Neither option may be easy, but as the 1996 auto industry negotiations suggest, the former may be less difficult than the latter. The possibility that outsourcing from union to nonunion employer may provide unions with the power to organize from the top (outsourcer) down (outsourcee) cannot be entirely ignored as the issue of supplier “neutrality” reportedly was raised in the 1996 auto negotiations. The adverse effects of outsourcing on union political and financial power, by virtue of its impact on the level or distribution of union membership, can and may well be offset by an increase in union activism—as measured by dues levels, merger activity, organizing commitment, and political action. The adverse effects of outsourcing on union bargaining power are more problematical from the union standpoint. The effect of outsourcing, whatever its rationale or scenario, appears to be to put union labor back into competition. Thus, outsourcing constitutes yet another challenge to the labor movement in its ongoing and seemingly increasingly unsuccessful battle to take and keep U.S. union labor out of competition by proving itself able and willing to organize to the extent of the market and standardizing wages in that market.     

Unions in the 2000 election: A strategic-choice perspective

In the 2000 elections, organized labor mounted a“massive“ political effort. The AFL-CIO spearheaded a program that emphasized both grassroots and“checkbook” politics. Labor 2000, however, represented much more than an attempt to influence elections. Political action, dedicated to a“Working Families Agenda“ became a strategy of choice to elect candidates, influence lawmakers, mobilize union members, and recruit workers into the labor movement. In this paper, I examine Labor 2000 from a strategic-choice perspective. Specifically, I look at the scope and variety of labor's political effort; how labor allocated its political resources; the degree of competition it faced; and the election outcomes. In addition, I examine the effort in terms of its potential for transforming unions. Data from a variety of sources, some of which have not been previously used, are examined to put Labor 2000 into perspective as a strategy. The results indicate that labor did have some success in mobilizing union members politically. However, labor's impact proved insufficient to achieve immediate national election goals. Questions remain about the wisdom of political action as a strategy of choice, especially in terms of its viability as an instrument for institutional revival.     

The use of information technology in a strike

Conclusion Exhausted by almost eight months of striking, the CEP members urged their union officers to take a radical proposal to the Herald: forget the seniority clause, which the company had maintained was the main stumbling block. Many union members believed that the Herald and Conrad Black didn’t care about seniority and had picked it as an issue in full confidence that it was the one item no union would drop. But since nothing else was working, despite evidence the Herald was suffering severe circulation and corporate-image losses, it was time to call the employer’s bluff. The company seemed to be taken by surprice at the CEP’s abandoning of the cherished principle when union and compeny representatives met in front of an official of the Alberta government. But within a few days, Gaynor was saying publicly there were other issues in the way, not just seniority. Despite the innovative use of electronic communications during the strike, there was no hope of obtaining a settlement if the Herald wasn’t forced to negotiate with the union. The provincial government, however, failed to enforce provisions of its weak labor laws that required “bargaining in good faith.”     

The Ossification of American Labor Law and the Decline of Self-governance in the Workplace

This article argues that the ineffectuality of American labor law and the shrinking scope of collective representation and collective bargaining are partly traceable to the law’s “ossification”—to its having been essentially sealed off for several decades from democratic revision and renewal and from local experimentation and innovation. The elements of this process of ossification, once assembled, make up an imposing set of barriers to innovation. The basic law has been cut off from legislative revision at the national level by Congress; from “market”-driven competition by employers; from the entrepreneurial and creative energies of private litigation; from variation at the state or local level by representative or judicial bodies; from changing constitutional doctrine; and from emerging transnational legal norms. Moreover, the National Labor Relations Board—the designated institutional vehicle for adjusting the labor laws to modern conditions—is increasingly hemmed in by the age of the text and the large body of judicial interpretations that has grown up over the years. The resulting statutory scheme is drastically out of date and out of sync with the needs of 21st century workers and labor markets.

The Production of Distinctions: Class,Gender, and Taste Work in the Lifestyle Management Industry

Drawing on participant observation and interviews, this paper analyzes the paid labor of lifestyle production. In particular, I look at jobs in the lifestyle management industry that involve making consumption-related aesthetic choices with and for clients. This is taste work, and workers are taste brokers, who mediate between clients and markets, between clients and other people, and between clients and their own desires. Taste brokers shape not only clients’ consumption decisions but also their class performances and dispositions. I argue that taste brokers also reproduce legitimate social differences in three ways: by fostering distinctions between “good” and “bad” taste; by reinforcing the association between particular tastes and particular class positions; and by casting women as both better at and responsible for making aesthetic decisions.     

Union decertification election outcomes: Bargaining unit characteristics and union resources

Previous analysis using aggregate data has concluded that union decertification activity is “exclusively a product of market conditions.” We employ data disaggregated by local (county) labor market which permits a preliminary investigation of the importance of potential nonmarket influences that are not measurable using aggregate data, namely, the type of bargaining unit, the type of union, the type of employer, and proxies for union resources. It also allows a more precise specification of the labor market characteristics previously found to influence decertification. Our results confirm the importance of market conditions in decertification activity and outcomes, but they also suggest that the likelihood of decertification is much greater in independent unions and in industry-county combinations in which the typical employee works part-time and has limited alternative income opportunities. Institutional characteristics of the union and employer, individual characteristics of bargaining unit members, and local economic conditions are important determinants of decertification.     

Determinants of the decertification process: Evidence from employer-initiated elections

There have been relatively few studies on why workers choose to decertify a union as their bargaining unit and virtually no empirical studies on the outcomes of employer-initiated representation elections. Using data from the NLRB monthly election reports (1977–1981), we attempt to analyze the factors that seem to influence the outcomes of employer-initiated representation elections with an incumbent union. Variables in our analysis include size of the election unit, region, industrial classification, type of incumbent union, and the state of the local economy. While the data show a concentration of elections on the West Coast, there is no significant difference in the ability of unions there to “win” decertification elections.     

Sex work and the construction of intimacies: meanings and work pragmatics in rural Malawi

This article focuses on Malawian sex workers’ understandings of exchange and intimacy, showing how multiple historically emergent categories and specific work pragmatics produce specific patterns of relational meanings. As we show, sex workers make sense of their relationships with clients through two categories. The first is sex work; the second is the chibwenzi, an intimate premarital relational category that emerged from pre-colonial transformations in courtship practices. These categories, in turn, are also shaped differently in different work settings. We use narratives from in-depth interviews with 45 sex workers and bar managers in southern Malawi to describe how the everyday pragmatics of two forms of sex work—performed by “bargirls” and “freelancers”—foster distinct understandings of relationships between them and men they have sex with. Bargirls, who work and live in bars, blurred the boundaries between “regulars” and chibwenzi; freelancers, who are not tethered to a specific work environment, often subverted the meanings of the chibwenzi, presenting these relationships as both intimate and emotionally distant. Through this comparison, we thus refine an approach to the study of the intimacy-exchange nexus, and use it to capture the complexities of gender relations in post-colonial Malawi.     

Contingent Government Workers and Labor Solidarity: The Case of Contract Welfare-to-Work Staff and Their Clients

Contemporary US labor solidarity faces new opportunities and challenges in the midst of global economic and governmental restructuring. Indicative of these changes the 1996 welfare reform has created a new brand of contingent government contract workers to implement welfare-to-work while simultaneously fostering contingent work among welfare clients. In this paper I use ethnographic data from a major city in New York State to explore the relative positioning of these labor groups and I ask whether contingent government workers could mediate between organized labor and welfare recipients, thereby facilitating political collaboration. I conclude by identifying considerable structural and interpersonal barriers to solidarity including lack of contingent worker consciousness, difference in “skill” levels, antagonistic relationships with clients and a tendency to interpret client hardships in terms of personal defects. I contrast these findings with instances where labor unions have become involved in welfare issues and propose steps toward a new paradigm for labor solidarity.

Doing Public Sociology in the Field—A Strong Sociological Intervention Project in China

Through the in-depth analysis of the features of Huabei rural industrialization, the unique factory regime in Baigou, Hebei, and the resulting special workers, this paper reveals two dilemmas the migrant workers in Baigou and larger Hubei area face: Because of the interpersonal network of labor market, personalized trade, familial labor process, and patrimonial management, the workers are unable to become either industrial working class or citizens. Facing this special group of workers, we still believe in their power of self-liberation. Drawing on Touraine’s action sociology and sociological intervention, and Burawoy’s public sociology and praxis-oriented research, we modify “sociological intervention” according to the reality of Chinese society and propose the methodology of “strong sociological intervention” whose vehicle is “Baigou Migrant Worker Night School.” The night school provided workers with courses of labor law, English, and computer based on their actual needs. Labor law is the core to evoke the self-consciousness of the workers. Through communications in the night school and workers’ real living circumstances, we collected their true information and treated it as the source of sociological knowledge. After three sessions of night school training, workers showed changes in skills, social, and psychological aspects, laying a foundation for the growth of self-consciousness.     

<Emphasis Type="Italic">Si,Se Puede</Emphasis>: Organizing Latino Immigrant Workers in South Omaha’s Meatpacking Industry

Faced with declining union membership and a growing immigrant workforce, the US labor movement has started to realize the importance of organizing immigrant workers. Yet the conventional wisdom among many within the movement is that immigrant workers are “unorganizable.” Based on a case study of a collaborative effort between the United Food and Commercial Workers Union and Omaha Together, One Community to organize an estimated 4,000 Latino immigrant meatpacking workers, I demonstrate not only the “organizability” of immigrant workers, but also the fact that they have been organizing themselves, with the help of a community-based organization, in the absence of union efforts. This case study suggests that in order to facilitate successful organizing campaigns among immigrant workers, unions need to reach out to community-based organizations and institutions that have established relationships with immigrant workers.

Codetermination: Union style

Many European countries have instigated a form of “industrial democracy” by legislating codetermination schemes. However, codetermination may also be accomplished without legislation. We show that unionizing an industry’s labor supply will also achieve much the same results as mandatory codetermination as long as unions are exempt from antitrust legislation. The value of “union codetermination” will yield returns beyond what economists have previously predicted.     

Mental Health of Non-gamblers Versus “Normal” Gamblers Among American Indian Veterans: A Community Survey

Goal This analysis was undertaken to assess the demographic and mental health characteristics of “normal” or non-problem gamblers versus non-gamblers in a representative community sample. Sample Study participants consisted of 557 North Central American Indian veterans. Data collection included a demographic and trauma questionnaire, a computer-based Diagnostic Interview Schedule for DSM-III-R, and a treatment history algorithm. Findings Univariate analyses revealed that gamblers had greater social competence (i.e., higher education, living with a spouse) and higher lifetime psychiatric morbidity. Binary regression analysis revealed that, compared to non-gamblers, gamblers were older, more highly educated, and more apt to be married. More gamblers showed evidence for lifetime risk-taking as evidenced by Antisocial Personality Disorder and Tobacco Dependence. Conclusions Social achievement and disposable income function as prerequisites for “normal” gambling in this population, although “externalizing” or “risk-taking” disorders also serve as independent contributors to at least some gambling. The increased rate of “internalizing” or emotional disorders are only indirectly related to gambling, perhaps through increasing age or through the “externalizing” disorders.     

Garfinkel before ethnomethodology

A short story titled “‘Color Trouble’” by Harold Garfinkel was published inOpportunity in 1940,The Best Short Stories 1941, andPrimer for White Folks in 1945. Garfinkel wrote this short story before World War II while a research fellow at the University of North Carolina, Chapel Hill under Howard W. Odum, the founder ofSocial Forces “‘Color Trouble’” narrates poignantly the racial victimization of a young black woman traveling on a public bus through the State of Virginia. The short story provides sociologists with a different medium through which to examine the seminal interests of ethnomethodology’s founder. In a literary form, the short story depicts such ethnomethodological concepts as the breaching experiment, the “et cetera clause,” “ad hocing,” and the status degradation ceremony. Garfinkel’s “‘Color Trouble’” also suggests the way in which ethnomethodology overlaps with, as well as diverges from, Erving Goffman’s dramaturgical perspective. He received his doctoral degree from the graduate program in sociology at York University, Toronto, Ontario. His article “Autonomy and Responsibility in Social Theory” will appear inCurrent Perspectives in Social Theory, Volume 10.