| ... belongs, with unions, in the past | by Richard Berman
Special to WJW
Americans love to root for the underdog, and Jewish Americans are no exception. After all, the approaching holiday of Passover is based on the triumph of the few against insurmountable odds. Perhaps underdog empathy is one reason why so many instinctively support labor unions. Unions, which are the subject of folk songs and hagiographic memoirs, present themselves as the champions of the downtrodden.
But as the expression goes, nothing is permanent in this world except change. While labor unions used to be ad hoc, explicitly nonpartisan groups with targeted campaigns, they have evolved into highly centralized, ideological organizations with sweeping political agendas that have little to do with wages and working conditions.
Harsh business practices in America's early years spurred unions to call for a shorter workday, safer workplaces and the elimination of child labor. In the early 20th century, Jewish women working at garment factories organized aggressive drives against harassment and 16-hour days. These were unions at their best.
Largely because of early union efforts, there are now important federal laws such as the National Labor Relations Act of 1935, which restricted management meddling with unionization, and the National Fair Labor Standards Act of 1938, which made child labor a federal crime, mandating minimum wage and overtime pay.
As federal rules made union representation increasingly irrelevant (and expensive) for hourly employees, and as market growth and competition naturally increased wages and benefits, unions began losing members and union-sustaining dues. (It's obvious that with less than 8 percent of the private sector workforce unionized, most employees still get raises and benefits at levels much higher than the minimum.)
Today's labor unions resemble political organizations more than they do 19th-century worker unions. It's hard to argue, for example, that supporting marijuana legalization, opposing nuclear power or taking positions on abortion rights improves workplace conditions. As a major union leader put it, if union membership continues to drop his union will become "no social force in this country, with no power to change national social issues." He's not talking pension plans.
This tone deaf attitude has corrupted union officials. Consider that the United Auto Workers was operating its $33 million "Black Lake" golf course while the federal government was marshaling bailout money to keep its pension fund afloat.
Other union abuses are downright illegal. The Office of Labor-Management Standards reports an average of two criminal convictions for union corruption or embezzlement of dues every week since 2001. It's hard to imagine that past labor leaders, like the first president of the American Federation of Labor, Samuel Gompers, would like what they see today.
It was Gompers, after all, who said, "the worst crime against working people is a company which fails to operate at a profit." But few things today guarantee reduced profits more than stifling labor contracts. The 2007 contract between Ford and UAW ran 2,200 pages. It doesn't take a forest of trees to print wage and benefit levels. These contracts reflect restrictions on management's ability to make business decisions based on market conditions.
Ultimately, it's the employee that suffers from labor rules. By restricting supply and increasing wages above the market rate, unions make companies less competitive. As President Obama's economic advisor, Lawrence Summers, put in 2007: One "cause of long-term unemployment is unionization. High union wages that exceed the competitive market rate are likely to cause job losses in the unionized sector of the economy."
Reduced productivity and increased unemployment is why the Employee Free Choice Act (EFCA) is such an enormous threat to our economy. EFCA, which was introduced in Congress on March 10, would boost the number of union-dues paying members by effectively taking away employees' rights to decide by secret-ballot vote if they want to join. The new law will pressure millions of employees into unions by requiring them to publicly state their position on union representation -- or worse, denying them a vote at all.
The common perception of the union official as a worker's advocate is outdated and must be re-examined. And there's no better time to do so than now -- when ambitions are so radical and the economic stakes are so high.
Richard Berman is the executive director of the Center for Union Facts and the Employee Freedom Action Committee.
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by Sybil Sanchez
and Jonathan Zimet
Special to WJW
We urge Jews to support legislation that would combat poverty, improve the economy and make important advancements for workers' rights. The Employee Free Choice Act would restore workers' ability to bargain collectively in the workplace. As we approach Passover, remembering that we, too, were slaves in Egypt, it's important to understand why Jews in particular should support it.
Our tradition recognizes that imbalances of power are inherent in society, making the less wealthy dependent on the wealthier. It provides redress through specific laws such as the prohibition against withholding a worker's pay and the command to leave unharvested some of the field for the stranger. The Talmud also acknowledges the right to organize in order to establish prices and wages.
Our age has given rise to a much more complex economy and society. Inequalities of bargaining power have been augmented by the enormous size of today's companies. We all know the experience of job-seekers, tenants and consumers forced to accept "take-it-or-leave-it" conditions. As individuals, we are powerless to alter such situations. Often, it is only through collective bargaining that workers can obtain a fairer contract.
When faced with union-organizing campaigns, 75 percent of companies hire union-busting consultants. Workers risk intimidation and, worse, termination. Even when they succeed in having unions authorized, companies will drag their feet, legally postponing an initial contract for years.
Employee free choice would allow employees to hold government-supervised elections, as is the case now. However, if a majority wanted to sign up through membership cards, the union could also form that way. Unlike under the current regulations, employers would be required to remain neutral, empowering employees to debate freely on how and whether to unionize without corporate-sponsored intimidation tactics.
Employee free choice would also strengthen penalties against companies for union-busting, establish mediation and arbitration when parties disagree on the first union contract, and require reinstatement of fired workers when there is reasonable cause to believe their rights were violated.
Many leading modern rabbis in the United States and Israel support workers' rights and continue to do so, including Israel's first chief rabbis -- both Ashkenazi and Sephardi. Along with being the only democracy in the Middle East, Israel remains the most pro-union country in that, as well.
Judaism teaches that people are neither inherently evil nor good. No one person owns another or the fruits of his or her labor. Early on, our tradition recognized labor as a matter of human dignity through the commandment to abstain from it on the Sabbath.
Some within the Jewish community remain skeptical of the Employee Free Choice Act, as they are of unions. Employers may not intend to abuse employees, but their focus is to prioritize profits. Recognizing that we cannot rely on good intentions to protect the vulnerable, both Jewish and secular law seek to safeguard the worker. Bernard Madoff's fraud and the recent scandal of Agriprocessors stand as tragic examples of the impact that deregulation has had on our community and beyond.
In times like these, with mass layoffs and decreased benefits, workers no longer have the purchasing power necessary to help drive the economy. Conversely, unions have played a critical role in strengthening the middle class. Unionized employees make 28 percent more than nonunionized; nonunion workers are five times more likely to lack health insurance. Strong unions improve workers' benefits even for the nonunionized.
Many American Jews can readily recall their grandparents' or parents' union involvement. Due to those roots, we've fast become an influential part of our country's fabric, succeeding beyond our ancestors' expectations.
However, social advancement comes with responsibility. Supporting the Employee Free Choice Act not only fulfills Jewish values but is in the interest of our community and our economy. It would empower employers and employees to earn a fair living while investing in the nation's future. We urge Jews to support it.
Sybil Sanchez and Jonathan Zimet are, respectively, executive director and rabbinic intern for the Jewish Labor Committee.
