The
oligarchs of America are about to set fire to the straw man that they
have created to show that unions are somehow separate from the
workers who are their members.
Over
the past three generations, they have steeped Americans in the
propaganda that unions have a life of their own and just dropped in
to the nation’s workplaces for the sole purpose of siphoning
off workers’ pay for their own coffers. At the same time, they
have convinced a majority of Americans that unions no longer serve a
purpose in modern society, since employers have become so benevolent
that no representation is necessary.
Now
comes Neil Gorsuch, the newest justice on the U.S. Supreme Court,
just as a landmark case involving the right of unions to collect the
equivalent of dues from non-members, who are the direct beneficiaries
of union struggles for good pay, good benefits, and pensions. For
many years, the rich and powerful have been grinding down workers and
their unions. As long as unions had some power in the national
economy, there was a growing middle class, but it only lasted for a
decade or two.
The
vast amounts of money spent on anti-union propaganda have had their
effect. Less than 11 percent of workers are in unions, overall, and
unions in the private sector are only at 6 percent or less. As union
power dwindled, so did America’s middle class, because, when
unions were at full strength and about 35 percent of workers were in
unions, the gains made in pay, benefits, and pensions were passed
along to the other 65 percent of workers who were not in unions.
In
the case before the Supreme Court, Janus v. AFSCME, as Gorsuch
first takes his seat, is to determine whether workers who refuse to
join the union in the workplace can be required to pay what is called
an “agency fee.” Such fees are non-union workers’
fair share to help carry the burden of negotiating and protecting
workers from the employer’s arbitrary actions. For a few
generations, this has been the case and even some Right Wingers could
see the fairness of such a requirement, as the clause in contracts
stood for years. (Disclosure: I worked for AFSCME for many years.)
Janus
is being presented as a First Amendment issue by the plaintiff
and all the Right-Wing lawyers, think tanks, pundits, and news
outlets, of which there are many. For sure, those who want to defund
unions through this case would not want individual citizens to have
their choice whether to pay taxes or not. After all, that’s
where they get money for their pay, benefits and perks, and all the
money for their defense and military budgets and for the bailouts of
any corporations that holds out its hand for free money.
Workers
and their unions call these people “free riders,”
although there are many other names for people who let others do
their work for them. It’s no wonder that Corporate America and
the rich like those free riders, because they are often free riders
themselves, attaching to the backs of wage workers and, thereby,
getting their wealth and income from nothing less than someone else’s
paycheck.
Despite
the stock market reports in newspapers, magazines, or on television,
hardly anyone ever covers the story of millions of workers who are
struggling to just get by. And, as the economy is falling into fewer
and fewer hands, the corporations continue to buy their goods from
foreign sources that are cheaper than American-made goods, at least
for now. As well, CEOs are plunging ahead with more sophisticated
robots for production and they are planning far ahead to the time
when those robots will be operated via artificial intelligence, which
is being prepared to invent and produce the robots. The time is
coming and the question is: What’s to happen to all the
surplus humans who still must live on earth? They eat. Robots don’t
eat. Humans need rest. Robots don’t need much rest. Humans
want to educate their children. Robots don’t have children or
family. Humans want health care as a right. Robots are either
repaired or are recycled and others can be constructed. At one time,
humans looked to their elders for wisdom and advice. Programmed
robots are intended to make elders obsolete.
It
is not clear how Gorsuch will vote, of course, but those who have
watched him and his writings and actions believe that he will be at
least as much in favor of all of the issues that Corporate America
brings before the court as the late Antonin Scalia, whose place on
the court he is taking. The speculation is that he will cast his
vote to deprive unions of their just compensation by way of agency
fees and that this will deal a death blow to the remnants of the
union movement.
If
he votes to take away fairness in the workplace on the agency fee
issue, the union movement will have to find other ways to get justice
at work, an issue that is just as important as civil rights and
voting rights, both of which have been chipped away over the past
several presidential terms, and it has been widely reported that
voter suppression, perpetrated mainly by Republicans in the north and
the old Dixiecrats (New Republicans) in the south. The effects of
voter suppression in many states have affected black and brown
voters, but the fairness issue in the workplace will have an effect
on all workers, including women, who have been making progress in all
spheres of national life in recent years.
Never
be fooled by the plaint of the corporations and the rich about
“protecting the rights of individual workers,” as they
bring these cases before the courts. They care nothing about the
rights of workers, as they care nothing about the workers. It is
merely the wedge that they use to get at the fundamental rights of
all workers. Those workers who allow their names used in these
landmark cases are useful dupes and, whatever their reward for
stabbing their fellow workers in the back, it will never be enough to
make up for their cowardly behavior.
U.S.
labor laws came into being over a long period of time and, as weak as
they have proven to be over decades, they provided a way to end the
bloody street wars between labor and capital, most of which were won
by capital, because they had the endless money to hire gun thugs,
private “security companies,” and the power to demand
that governors and mayors call in the National Guard or the army to
quell the uprisings. Those laws that protected the workers have been
whittled away for generations and Janus v. AFSCME might very
well be a near mortal blow to all unions.
It’s
not hard to see the eventual result: Just look at the State of
Wisconsin, where the governor, Scott Walker, the lap dog of the Koch
Brothers, has done serious damage to working men and women, taking
away, among other things, the right to collective bargaining for
public unions except for the police and firefighters unions. A
majority of states have passed so-called right-to-work laws, which
place most of the power in the hands of the bosses. That condition
of servitude cannot last forever.
Not
long after the Supreme Court announced it would again take up the
case that would seriously wound the union movement, Justice Gorsuch
appeared to speak at the Trump Hotel, before one of the groups that
have a history of funding anti-union legal cases and other ways of
weakening the rights of workers and their unions. Gorsuch, at the
end of September, spoke at Trump’s International Hotel at the
invitation of the Fund for American Studies, which is supported in
part by the Lynde and Harry Bradley Foundation, a tax-exempt
organization that has funneled money into various corporate
anti-union efforts over the years.
While
it may be true in the abstract that there is no ethical question
involved in a sitting SCOTUS justice speaking at a hotel owned by the
president, who directly benefits financially from the event, it does
not look good for Gorsuch, the anti-union sponsoring organization,
and the president coming together in such a strange way. Considering
that Trump has put into place heads of government agencies who hold
their agencies in some degree of contempt, workers who depend on a
paycheck should be preparing for rough times ahead. The only
protection of their rights and benefits will rest in unity and
solidarity in workplaces across the country. It’s time to get
on with it.
|