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mostlysignssomeportents · 12 days ago

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All bets are off

When unions are outlawed, only outlaws will have unions. Unions don't owe their existence to labor laws that protect organizing activities. Rather, labor laws exist because once-illegal unions were formed in the teeth of violent suppression, and those unions demanded – and got – labor law.

Bosses have hated unions since the start, and they've really hated laws protecting workers. Dress this up in whatever self-serving rationale you want – "the freedom to contract," or "meritocracy" – it all cashes out to this: when workers bargain collectively, value that would otherwise go to investors and executives goes to the workers.

I'm not just talking about wages here, either. If an employer is forced – by a union, or by a labor law that only exists because of union militancy – to operate a safe workplace, they have to spend money on things like fire suppression, PPE, and paid breaks to avoid repetitive strain injuries. In the absence of some force that corrals bosses into providing these safety measures, they can use that money to pay themselves, and externalize the cost of on-the-job injuries to their workers.

The cost and price of a good or service is the tangible expression of power. It is a matter of politics, not economics. If consumer protection agencies demand that companies provide safe, well-manufactured goods, if there are prohibitions on price-fixing and profiteering, then value shifts from the corporation to its customers.

Now, if labor has few rights and consumers have many rights, then bosses can pass their consumer-side losses on to their workers. This is the Walmart story, the Amazon story: cheap goods paid for with low wages and dangerous working conditions. Likewise, if consumer rights are weak but labor rights are strong, then bosses can pass their costs onto their customers, continuing to take high profits by charging more. This is the story of local gig-work ordinances like NYC's, which guaranteed a minimum wage to delivery drivers – restaurateurs responded by demanding the right to add a surcharge to their bills:

https://table.skift.com/2018/06/22/nyc-surcharge-debate/

But if labor and consumer groups act in solidarity, then they can operate as a bloc and bosses and investors have to eat shit. Back in 2017, the pilots' union for American Airlines forced their bosses into a raise. Wall Street freaked out and tanked AA's stock. Analysts for big banks were outraged. Citi's Kevin Crissey summed up the situation perfectly, in a fuming memo: "This is frustrating. Labor is being paid first again. Shareholders get leftovers":

https://www.vox.com/new-money/2017/4/29/15471634/american-airlines-raise

Limiting the wealth of the investor class also limits their power, because money translates pretty directly into political power. This sets up a virtuous cycle: the less money the investor class has to spend on political projects, the more space there is for consumer- and labor-protection laws to be enacted and enforced. As labor and consumer law gets more stringent, the share of the national income going to people who make things, and people who use the things they make, goes up – and the share going to people who own things goes down.

Seen this way, it's obvious that prices and wages are a political matter, not an "economic" one. Orthodox economists maintain the pretense that they practice a kind of physics of money, discovering the "natural," "empirical" way that prices and wages move. They dress this up with mumbo-jumbo like the "efficient market hypothesis," "price discovery," "public choice," and that old favorite, "trickle-down theory." Strip away the doublespeak and it boils down to this: "Actually, your boss is right. He does deserve more of the value than you do":

https://pluralistic.net/2024/09/09/low-wage-100/#executive-excess

Even if you've been suckered by the lie that bosses have a legal "fiduciary duty" to maximize shareholder returns (this is a myth, by the way – no such law exists), it doesn't follow that customers or workers share that fiduciary duty. As a customer, you are not legally obliged to arrange your affairs to maximize the dividends paid by to investors in your corporate landlord or by the merchants you patronize. As a worker, you are under no legal obligation to consider shareholders' interests when you bargain for wages, benefits and working conditions.

The "fiduciary duty" lie is another instance of politics masquerading as economics: even if bosses bargain for as big a slice of the pie as they can get, the size of that slice is determined by the relative power of bosses, customers and workers.

This is why bosses hate unions. It's why the scab presidency of Donald Trump has waged all-out war on unions. Trump just effectively shuttered the National Labor Relations Board, unilaterally halting its enforcement actions and investigations. He also illegally fired one of the Democratic NLRB board members, leaving the agency with too few board members to take any new actions, meaning that no unions can be recognized – indeed, the NLRB can't do anything – for the foreseeable future:

https://www.npr.org/2025/01/28/nx-s1-5277103/nlrb-trump-wilcox-abruzzo-democrats-labor

Trump also fired the NLRB's outstanding General Counsel, Jennifer Abruzzo, who was one of the stars of the Biden administration, who promulgated rules that decisively tilted the balance in favor of labor:

https://pluralistic.net/2023/09/06/goons-ginks-and-company-finks/#if-blood-be-the-price-of-your-cursed-wealth

Trump is playing Grinch here – he's descended upon Whoville to take all the Christmas decorations, in the belief that these are the source of Christmas. But the Grinch was wrong (and so is Trump): Christmas was in the heart of the Whos, and the tinsel and baubles were the expression of that Christmas spirit. Likewise, labor rights come from labor organizing, not the other way around.

Labor rights were enshrined in federal law in 1935, with the National Labor Relations Act. Bosses hated – and hate – the NLRA. 12 years later, they passed the Taft-Hartley Act, which substantially gutted the NLRA. Most notably, Taft-Hartley bans "sympathy strikes" – when unions walk out in support of one another. Sympathy strikes are a hugely powerful way for workers to claim value away from bosses and investors, which is why bosses got rid of them.

But even then, bosses who were honest with themselves would admit that they preferred life under the NLRA to life before it. Remember: labor militancy created the NLRA, not the other way around. When workers didn't have the legal means to organize, they organized by illegal means. When they didn't have legal ways of striking, they struck illegally. The result was pitched battles, even bloodbaths, as cops beat and even killed labor organizers. Bosses hired thugs who committed mass murder – literally. In 1913, strikebreakers working for the Calumet and Hecla Mining Company started a stampede during a union Christmas party that killed 73 people, including many copper miners' children:

https://en.wikipedia.org/wiki/Italian_Hall_disaster

Workers didn't take this lying down. Violence was met with violence. Bombs went off outside factories and stately mansions. There was gunfire and arson. Bosses had to hire armed guards to escort them as they scurried between their estates and their fancy parties and their executive offices. The country was in a state of near-perpetual chaos.

The NLRA created a set of rules for labor/boss negotiations – rules that helped workers claim a bigger slice of the pie without blood in the streets. But the NLRA also had benefits for bosses: unions were obliged to play by its rules, if they wanted to reap its benefits. The NLRA didn't just put a ceiling over boss power – it also put a ceiling over worker militancy. Von Clausewitz says that "war is politics by other means," which implies that politics are war by other means. The alternative to politics isn't capitulation, it's war.

Trump has torn up the rules to the labor game, but that doesn't mean the game ends. That just means there are no rules.

The labor movement has many great organizer/writers, but few can match the incredible Jane McAlevey, who died of cancer last summer (rest in power). In her classic A Collective Bargain, McAlevey describes her organizer training, from a tradition that went back to the days before the National Labor Relations Act:

https://pluralistic.net/2023/04/23/a-collective-bargain/

McAlevey was very clear that labor law owes its existence to union power, not the other way around. She explains very clearly that union organizers invented labor law after they invented unions, and that unions can (and indeed, must) exist separately from government agencies that are charged with protecting labor law. But she goes farther: in Collective Bargain, McAlevey describes how the 2019 LA Teachers' Strike didn't just win all the wage and benefits demands of the teachers, but also got the school district to promise to put a park or playground near every school in the system, and got a ban on ICE agents harassing parents at the school gates.

This wildly successful strike forged bonds among teachers, and between teachers and their communities. These teachers went on to run a political get-out-the-vote campaign in the 2020 elections and elected two Democratic reps to Congress and secured the Dems' majority. McAlevey contrasted the active way good unions involve workers as participants with the thin, anemic way that the Democratic Party engages with supporters – solely by asking them for money in a stream of frothing, clickbait text messages. As McAlevey wrote, "Workplace democracy is a training ground for true national democracy."

Militant labor doesn't just protect labor rights – it protects human rights. Remember: MLK, Jr was assassinated while campaigning for union janitors in Memphis. LA teachers ended ICE sweeps at the school gates. Librarian unions are leading the fight against book bans.

The good news is that public opinion has swung wildly in favor of unions over the past decade. More people want to join unions than at any time in generations. More people support unions that at any time in generations.

The bad news is that union leadership fucking suuuuuuuucks. As Hamilton Nolan writes, union bosses are sitting on vast, heretofore unseen warchests of cash, and they just experienced a four-year period of governmental support for unions unheard of since the Carter administration, and they did fuck all with that opportunity:

https://www.hamiltonnolan.com/p/confirmed-unions-squandered-the-biden

Big unions have effectively stopped trying to organize new workers, even when workers beg them for help forming a union. Union organizing budgets are so small as to be indistinguishable from zero. Despite the record number of workers who want to be in a union, the number of workers who are in a union actually fell during the Biden years.

Indeed, some union bosses actually campaigned for Trump, a notorious scab. Teamsters boss Sean O'Brien spoke at the fucking RNC, a political favor that Trump repaid by killing the NLRB and every labor enforcement action and investigation in the country. Nice one, O'Brien. See you in hell:

https://www.theatlantic.com/politics/archive/2024/08/teamster-union-trump/679513/

Union bosses squandered a historical opportunity to build countervailing power. Now, Trump's stormtroopers are rounding up workers with the goal of illegally deporting them. Fascism is on the rise. Labor and fascism are archenemies. Organized labor has always been the biggest threat to fascism, every time it has reared its head. That's why fascists target unions first. Union bosses cost us an organized force that could effectively defend our friends and neighbors from Trump's deportation stormtroopers:

https://prospect.org/blogs-and-newsletters/tap/2025-01-28-trumps-lawbreaking-also-aimed-at-workers/

Not every union boss is a scab like O'Brien. Shawn Fain, head of the UAW, won an historic strike against all three of the Big Three automakers, and made sure that the new contracts all ran out in 2028, and called on other unions to do the same, so that the country could have a general strike in 2028 without violating the Taft-Hartley Act (Fain was operating on the now-dead assumption that unions had to play by the rules):

https://pluralistic.net/2024/11/11/rip-jane-mcalevey/#organize

A general strike isn't just a strike for workers' rights. Under Trump, a general strike is a strike against Trumpism and all its horrors: kids in cages, forced birth, trans erasure, climate accelerationism – the whole fucking thing.

A general strike would build the worker power to occupy the Democratic Party and force it to stand up for the American people against oligarchy, rather than meekly capitulating to fascism (and fundraising), which is all they know how to do anymore:

https://pluralistic.net/2025/01/10/smoke-filled-room-where-it-happens/#dinosaurs

But before we can occupy the Dems, we have to occupy the unions. We need union bosses who are committed to signing up every worker who wants workplace democracy, and unionizing every workplace in spite of the NLRB, not with its help. We need to go back to our roots, when there were no rules.

That's the world Trump made. We need to make him regret that decision.

If you'd like an essay-formatted version of this post to read or share, here's a link to it on pluralistic.net, my surveillance-free, ad-free, tracker-free blog:

https://pluralistic.net/2025/01/29/which-side-are-you-on/#strike-three-yer-out

#pluralistic #labor #nlra #nlrb #jennifer abruzzo #national labor relations board #national labor relations act #unions #organize #general strike #general strike 2028

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mostlysignssomeportents · 3 months ago

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General Strike 2028

If you'd like an essay-formatted version of this post to read or share, here's a link to it on pluralistic.net, my surveillance-free, ad-free, tracker-free blog:

https://pluralistic.net/2024/11/11/rip-jane-mcalevey/#organize

Trump is a scab.

https://www.democracynow.org/2024/9/2/shawn_fain_2024_election

Trump is a scab and the Dems need unions. While working class votes were all over the place – lotsa turkeys voting for Christmas – union voters voted against Trump with near-unanimity.

Trump is a scab, the Dems need unions, and the Dems are not faithful friends to unions. Harris campaign advisor – her brother-in-law Tony West – is Uber's chief legal officer and the architect of Prop 22, California's scab law that formalized "gig work" labor violations. The fact that when the eminently guillotineable union-buster Howard Schultz tries to win a presidential nomination he does so in the Democratic party speaks volumes. If your political party has room for Michael Bloomberg, it doesn't have room for workers. Seriously, fuck that guy.

Trump is a scab, the Dems need unions, Dems are not faithful friends to unions, and unions keep the Dems honest. The #RedForEd teachers' strikes of 2018 kicked off a wave of public support for unions – and worker interest in unionization – that has only grown in the years since:

https://theweek.com/articles/764828/teacher-strikes-could-future-alt-labor

Trump is a scab, Dems need unions, Dems are not faithful to unions, unions make the Dems better, workers want unions, the public loves unions, and union membership is falling.

It's falling! This one is on the union leadership. Unions are sitting on gigantic warchests that they are resolutely not spending organizing the workers who are clamoring to join unions:

https://www.hamiltonnolan.com/p/ten-times-this

Unions have historic high cash reserves and are doing historically low organizing. This part is the unions' fault:

https://www.radishresearch.org/_files/ugd/2357dd_135794f88aa140f2962ee5c71ac31ff0.pdf

Or rather, it's the union bosses' fault. Union leadership in America, broadly speaking, sucks. Bosses love shitty unions, and the biggest unions obliged bosses for decades, with leaders who established suicidal practices like "two-tier contracts." That's a union where all the workers have to pay dues, but only the senior workers get protection from the union those dues fund:

https://pluralistic.net/2024/05/20/a-common-foe/#the-multinational-playbook

If you sat down and said, "Let's design a union contract that will ensure that every worker hired from this day forward hates unions," this is the contract you'd come up with.

Those shitty union bosses? They're on the way out. In 2023, the UAW held its first honest elections for generations, and radicals, led by Shawn Fain, swept the board. How did workers win their union back? They unionized more workers! Specifically, the UAW organized the brutally exploited Harvard grad students, and the Harvard kids memorized the union by-laws, and every time the corrupt old guard tried the steal the leadership election, one or another of them popped to their feet, reciting chapter-and-verse from the union's own rules and keeping the vote going:

https://theintercept.com/2023/04/07/deconstructed-union-dhl-teamsters-uaw/

Fain led the UAW to an historic strike: the UAW took on all three of the Big Three automakers, and cleaned their clocks. UAW workers walked away with three new contracts, all set to expire in 2028. Fain then called upon every union to bargain for contracts that run out in 2028, because if every union contract expires in 2028, we've got the makings of a general strike.

That means that when the next presidential election rolls around, it's going to be in the middle of the most militant moment in a century of US labor history. That is an opportunity.

Labor movements fight fascists. They always have. Trump and the GOP are not on the side of workers, notwithstanding all that bullshit about supporting workers by fighting immigration. Sure, when the number of workers goes up, wages can go down – if you're not in a union. Conservatives have never supported unions. They hate solidarity. Conservatives want workers to believe that they can get paid more if labor is scarcer, and there's some truth to that, but solidarity endures in good times and bad, and scarcity ends any time bosses figure out how to offshore, outsource, or automate your job. Scarcity is brittle.

"Law-and-order" candidates want to throw millions of our neighbors in jail. By the way, the 13th Amendment abolished slavery, except for prisoners. American imprisons more people than any other country in the history of the world. We make Stalin's gulags and Chinese Cultural Revolution "re-education camps" look unambitious. American prisoners produce $9b worth of services and $2b worth of goods every year. The average US prison wage is $0.53/hour, but six states ban prison wages altogether and North Carolina caps them at $1/day:

https://pluralistic.net/2024/04/02/captive-customers/#guillotine-watch

If you think immigrants are bad for American workers' wages, wait'll you see what legions of newly imprisoned slave laborers earning $0.53/hour do to those wages. Also: Californians just voted down a ballot measure to abolish prison slavery:

https://www.kqed.org/news/12013392/californians-voted-against-outlawing-slavery-why-is-prop-6-failing

The GOP are not on workers' side, and workers will not earn more under Trump's policies. Workers will earn more if they join a union, which they will only do if union leaders focus on organizing, which will only happen if we get rid of shitty union bosses. Start with this asshole, who belongs on the scrapheap of history:

https://www.npr.org/2024/07/16/nx-s1-5041345/teamsters-president-sean-obrien-addresses-the-republican-national-convention

With the GOP running the country for the next four years, it's tempting to look for hope in social movements. Maybe Trump will be so terrible that people will band together in informal solidarity networks and #Resist. History teaches us otherwise. The people who need the most help under Trump will be too embroiled in the fight for their own survival to put together the kind of movement that can make a difference.

As Astra Taylor reminded us on the Know Your Enemy podcast, Occupy and Black Lives Matter formed under Obama, when things were eleven kinds of fucked up, but at least ICE wasn't raiding our neighbors' homes:

https://know-your-enemy-1682b684.simplecast.com/episodes/voting-what-is-it-good-for-w-astra-taylor-olufmi-taiwo-malcolm-harris-teaser

Occupy and BLM arose in a moment when people had just enough breathing room to think beyond their immediate survival. Even deeply flawed progressive administrations provide that breathing room.

By contrast, the #RedForEd teachers' strikes were a creature of the Trump years. Even if social movements struggle to find their power under authoritarian, far-right regimes, these are the conditions in which organized labor movements are renewed:

https://www.hamiltonnolan.com/p/to-unfuck-politics-create-more-union

Trump won the election because white men, especially young white men, voted for him, but he couldn't have done it without the votes of white women, and Black and Latino men. These voters may even conceive of themselves as being in favor of women's rights and of the rights of racial minorities, but they still voted for Trump, because some facet of their identity - their maleness, their whiteness - mattered more to them than everything else.

Bosses have always excelled at this game, bringing in Irish scabs to break strikes of German workers, or Polish scabs to break Irish workers' pickets. The Pinkertons relied on Black workers who were excluded from the lily white unions.

Our identities are complex and ever-shifting, and men who worry that women's power comes at their own expense, or whites who worry that this is true of Black and Latino power aren't entirely wrong. As the saying goes, "When you're accustomed to privilege, equality feels like oppression."

But there's one part of your identity that is inherently solidaristic: whether you are a worker or an owner. If you own the business, you make more money when your workers earn less. If you work at the business, every dollar you earn is a dollar your boss doesn't get. Workers' gains are bosses' losses.

That's why they want us to "vote with our wallets." It's not just that those votes are rigged for the people with the fattest wallets. By tricking you into thinking of yourself as a "consumer" who benefits from low prices, they get you to stop thinking of yourself as a worker who suffers from low wages.

This remains true even after decades of "market based pensions" that forced workers to flush their savings into the stock market casino, to be the perennial suckers at the table in a game where their bosses had an unbeatable house advantage:

https://pluralistic.net/2022/11/06/the-end-of-the-road-to-serfdom/

Even after generations of this, the share of the stock market owned by workers is a negligible crumb. This is how GDP can rise, the stock market can surge, and you stay poor. Workers' fortunes don't rise and fall with the stock market. They're not owners.

You're a worker even if you're well-paid. Tech workers are just figuring this out, after a generation-long con in which bosses convinced techies that they were temporarily embarrassed entrepreneurs who definitely didn't need a union:

https://pluralistic.net/2024/02/16/narrative-capitalism/#sell-job

Tech workers' power came from scarcity, and scarcity is brittle. Tech fired 260,000 workers in 2023, and another 100,000 in the first six months of 2024. Tech bosses have smashed their workers' power, and we know what comes next.

We know what comes next because we know how tech bosses treat workers they can replace. Amazon warehouse workers piss in bottles and get maimed on the job at a rate that outstrips any other warehouse worker in America. Jeff Bezos and Andy Jassy didn't welcome coders with pink mohawks, facial piercings and black t-shirts with incomprehensible slogans because they liked tech workers and hated warehouse workers. Amazon coders owed the privilege to pee whenever they felt like it to their bosses' fear that they couldn't be replaced. Now that coders are replaceable, their kidneys are on the firing line.

"The future is here, it's just not evenly distributed." If you want to see the future of a replaceable Amazon coder, look at the working conditions of a replaceable Amazon delivery driver, monitored by a fucking AI that punishes them if they open their mouths while driving:

https://jalopnik.com/amazon-bans-its-drivers-from-moving-their-own-lips-too-1851639312

Remember lovely Tim Cook, the guy who took over Apple from its sainted juice-cleansing cofounder Steve Jobs? Cook's accomplishment, the one that earned him the CEOship and a personal net worth in excess of $2 billion, was to figure out how to offshore Apple's production to Chinese factories where the working conditions were so terrible that they needed to install suicide nets to catch workers who couldn't face another minute on the job:

https://www.theguardian.com/technology/2017/jun/18/foxconn-life-death-forbidden-city-longhua-suicide-apple-iphone-brian-merchant-one-device-extract

That's how Tim Cook treats workers he's not afraid of. Apple workers, no matter how well paid, no matter how pampered, need a union, because the instant Tim Cook can treat you like a Chinese iPhone assembly-line worker, he will.

Tim Cook had some choice words for Donald Trump this week:

Congratulations President Trump on your victory! We look forward to engaging with you and your administration to help make sure the United States continues to lead with and be fueled by ingenuity, innovation, and creativity.

It wasn't just Cook. Every tech boss lined up to kiss Trump's ass: Bezos ("Wishing @realDonaldTrump all success"); Zuck ("Looking forward to working with you"); Pichai ("We are in a golden age of American innovation"); Nadella ("Congratulations President Trump"):

https://daringfireball.net/2024/11/i_wonder

You don't just deserve a tech union, you need one, now:

https://abookapart.com/products/you-deserve-a-tech-union.html

Organizing a 2028 general strike under Trump won't be easy. Workers won't be able to secure support from the courts or the NLRB, whose brilliant Biden-era leadership team is surely doomed:

https://pluralistic.net/2023/09/06/goons-ginks-and-company-finks/#if-blood-be-the-price-of-your-cursed-wealth

But the NLRB only exists today because workers established unions when doing so was radioactively illegal and union organizers were beaten, jailed and murdered with impunity. The tactics those organizers used are not lost to the mists of time – they are a tradition that lives on to this day.

The standard-bearer for this older, militant, community-based union organizing was the great Jane McAlevey (rest in power). McAlevey ran organizing and strike drives as mass-movements; she wouldn't call for either without being sure of massive majorities, 70%-95%:

https://pluralistic.net/2023/04/23/a-collective-bargain/

McAlevey understood union organizing as a source of worker power, but also as a source of community power. When she helped organize the LA #RedForEd Teachers' strike, the teachers didn't just demand better working conditions for themselves, but also green space for their students, and protection from ICE raids for their students' parents. They did this under Trump, and built a turnout organization that flipped key seats and delivered a House majority to the Democrats in 2020.

In her work, McAlevey excoriated the kind of shittyass Dem power-brokers who just lost an election to a convicted felon and rapist, condemning their technocratic conceit that the path to electoral victory was in winning over precisely 50.1% of the vote in each tactically significant precinct. McAlevey said that's how you get the nightmarish Manchin-Synematic Universe where Dems can't deliver and workers don't vote for Dems. To transform America, we need the kinds of majorities that McAlevey and her fellow organizers won in those strike votes – majorities that produced durable, anti-fascist power that turned into electoral victories, too.

McAlevey died last summer. But she left behind a legion of people she taught and inspired, and a playbook we all can follow:

https://jacobin.com/2024/07/jane-mcalevey-strategy-organizing-obituary

We've got four years. Join a union. Take over its leadership. Create solidarity with your fellow workers and your community. Bargain for a contract. Make it expire in 2028. Get ready.

Because in 2028, we're having a general strike.

#pluralistic #labor #politics #democrats in disarray #one big union #general strike 2028 #fascism #hamilton nolan #organizing #jane mcalevey

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