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collective bargaining

  • What Do Teachers Think About How Teachers' Unions Affect Schools?

    Written on May 30, 2018

    You don’t have to follow education policy debates for long to notice that teachers’ unions invoke a wide range of opinions; they are admired by some, and abhorred by others. Although they are often portrayed as one big monolithic organization (“the teachers’ union”), there are in fact over ten thousand local teachers’ unions across the nation. All of them are led by teachers who are elected by teachers, their contracts are approved by teachers, and their policy advocacy tends to reflect the preferences of their members, who are teachers.

    Given that the vast majority of U.S. students are educated in public schools, which are funded by tax dollars, it makes sense that public scrutiny of teachers’ unions tends to be more extensive than it is for, say, steel or auto worker unions. The leaders of teachers’ unions and their members understand (even welcome) this. Communicating with parents and the community is a big part of being a teacher. People are very serious about education, and rightfully so. Everyone should participate in the debate over how to run our schools. I dare say most teachers would agree that this debate, while sometimes overly contentious, has a net positive effect.

    Yet all the debate about the effect of teachers’ unions often omits an interesting (and, perhaps, important) question: What do teachers think about this issue? You don’t have to agree with all policy stances taken by teachers’ unions; such disagreement is not “teacher bashing,” as is sometimes alleged. If, however, you respect teachers and their opinions about how to run schools, and if teachers tend to agree with their unions, then it makes sense at least to keep this in mind when expressing opinions about their unions.

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  • Build A Precariat Strategy

    Written on February 9, 2017

    Our guest author today is Guy Standing, a professorial research associate at the School of Oriental and African Studies, University of London, and co-founder of BIEN, the Basic Income Earth Network. This post is part of a series of posts by speakers at our 2016 conference, "The Challenge of Precarious Labor," videos of which can be found here.

    All forward marches towards more freedom and equality are led by and for the emerging mass class, not by and for yesterday’s. Today, the political left in America and Europe is in disarray because they have not taken heed of that historical lesson. Trump is one nightmarish outcome of that failure.

    Today’s mass class is the precariat, not the old industrial proletariat. It is scarcely news to say we are in the eye of the storm of the Global Transformation, the painful construction of a global market system. The crisis, analogous to the crisis moment of the Great Transformation that preceded it, is epitomised by the aggressive populism of Trump, playing on the fears, deprivations and insecurities that had been allowed to grow in the preceding three decades.

    But the left needs to step back from entering the vortex of the storm Trump is generating, to reflect on a strategic response, to build a new vision of a Good Society that responds to the insecurities and aspirations of the precariat.

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  • The Future Of Worker Voice And Power

    Written on January 30, 2017

    Our guest author today is David Madland, Senior Fellow and the Senior Adviser to the American Worker Project at the Center for American Progress. This post is part of a series of posts by speakers at our 2016 conference, "The Challenge of Precarious Labor," videos of which can be found here.

    My goal is to provide a long-term vision of how we can address the fundamental economic and democratic challenges faced by our country, as well as to discuss some realistic steps for state and local governments to take to move us toward this vision.

    Today’s economy does not work very well for most people. Wages have been stagnant for decades and inequality is near record highs. Many voters blame politicians for these problems – for doing the bidding of CEOs while leaving workers with too little power to get their fair share.  Voter anger and the politicians fortified by it have put our democracy in real trouble.

    There are of numerous reforms necessary to ensure that workers have sufficient power to raise wages, reduce inequality, and make democracy work for all Americans – including those that reduce the influence of money in politics and that promote full employment.  But among the most important reforms are those that give workers a way to band together and have a strong collective voice.  Collective voice enables workers to negotiate with CEOs on a relatively even footing and to hold politicians accountable.  When workers have a strong collective voice, not only can they increase their own wages, but also improve labor standards across the economy and provide a key counterbalance to wealthy special interests, making politicians more responsive to the concerns of ordinary Americans. 

    But we need new and better ways for workers to achieve that strong collective voice.  Fewer than 7 percent of workers in the private sector are members of a union – meaning that 93 percent are left out of the current system.

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  • The Civic Power Of Unions And The Anti-Union Political Agenda

    Written on April 21, 2016

    This is the second of two posts on the political dimensions of the Friedrichs case. The first post can be read here.

    Before Justice Scalia’s sudden death, it appeared that, through the Friedrichs case, the Supreme Court’s conservative majority would succeed in imposing “right to work” status on public sector working people across the nation. As discussed in a previous post, there were signs that this conservative bloc was looking to deliver its decision in time to sideline the four largest public employee unions – the American Federation of State, County and Municipal Employees (AFSCME), the American Federation of Teachers (AFT), the National Education Association (NEA) and the Service Employees International Union (SEIU) – from the 2016 elections. Not coincidentally, these are also the unions that have the strongest political operations in the American labor. If Scalia had not died and these intentions were realized, what would have been the impact on the 2016 election and beyond?

    To grasp the full impact of a negative Friedrichs decision, had the conservative justices been successful in their plans, it is necessary to gauge the effect that public employee unions have on the political activism of their members. Ironically, insight into this question can be gleaned from an essay that exhibits a critical attitude toward public sector unions and collective bargaining, Patrick Flavin’s and Michael Hartney’s “When Government Subsidizes Its Own: Collective Bargaining Laws as Agents of Political Mobilization.”1 (Hereafter, F&H.) While not without analytical flaws, a number of which will be discussed below, F&H contributes to the literature with a new way of measuring the effect of teacher unions on teacher political activism and engagement, above and beyond voting. (Teachers have always voted at consistently high rates, with over 90 percent turnout in presidential elections and over 80 percent in mid-term elections.) Consequently, F&H places in relief the union contribution to member political activism that was targeted by the SCOTUS conservatives.

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  • The Political Calculus Behind Friedrichs v. California Teachers Association

    Written on April 20, 2016

    When the Supreme Court of the United States (SCOTUS) delivered its March 29 ruling in Friedrichs v. California Teachers Association, the announcement of a 4 to 4 deadlock was something of an anticlimax.  Ever since the sudden February 12 death of conservative Justice Antonin Scalia, SCOTUS watchers had anticipated just such an impasse. Based on Scalia’s questions when the case was argued before the Court a month before his passing, the late justice appeared to be the fifth vote for a decision that would have overturned 40 years of precedent – in effect, imposing “right to work” status on all those working in the public sector and eviscerating their unions. Without this vote, the four remaining conservative justices failed to constitute a majority.

    In the days following this decision, observers across the political spectrum described the judicial deadlock in Friedrichs as a victory for public sector workers and their unions (at least for the moment). A more definitive resolution of the issue awaits Senate confirmation of Scalia’s successor, whether President Obama’s pick, Judge Merrick Garland, or someone yet to be named by the next president.

    But, so far, what has been missing from most media commentaries is a recognition of the immediate political import of the Court’s impasse, and most especially, its impact on the 2016 election campaign. To understand the full political dimensions of Friedrichs – how the Court’s conservative majority seem to have been prepared to use the case to sway the election – a brief review of the case is necessary.

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  • Where Al Shanker Stood: Union-District Partnerships

    Written on September 3, 2015

    In this New York Times piece, which was published on March 9, 1986, Al Shanker discusses a study suggesting that union-district partnership, not confrontation, is the best way to enact and implement reforms that will improve schools.

    In the last 25 years, teachers' unions have grown in size and influence. In the minds of many they represent an establishment just as much as the local board of education and the superintendent of schools. Many critics of our schools have been eager to portray teacher unions as supporters of educationally undesirable rules and procedures, such as seniority, which were borrowed from the industrial sector. They view teacher unions as fighting for these rules at any cost and using their bargaining powers to shoot down constructive change whenever it threatens to infringe on teachers' vested interests.

    But an interesting new study gives us quite a different picture of the impact that teacher unions and collective bargaining have on the reform process. In preparing Teacher Unions, School Staffing and Reform, a Harvard Graduate School of Education research team led by Susan Moore Johnson analyzed 155 contracts chosen at random from a variety of school districts around the country. And, from June of 1984 to February, 1985, they did extensive, in-depth field work in 5 of the districts, where they examined documents, sat in on meetings and interviewed 187 teachers, principals, union leaders and central office administrators.

    What emerges is a valuable insight into the dynamics and complexity of the reform process, why some proposals work and why others fall flat. Though new programs tend to be formulated in legislative chambers or in governors' mansions, the key to success, the authors conclude, is what happens on the district level, within the individual collective bargaining unit. And some interesting patterns emerge.

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  • Fighting For Fairness For U.S. Domestic Workers

    Written on July 17, 2015

    On September 17, 2013, the U.S. Department of Labor (DOL) announced the Home Care Final Rule, which extends the Fair Labor Standards Act’s (FLSA) minimum wage and overtime protections to domestic workers who provide home care assistance to the elderly, the infirm, and the disabled. The Home Care Final Rule is essential to improving the lives of two million domestic workers who, unlike other U.S. workers, are in many states not protected by the FLSA regarding minimum wage, overtime, sick leave, and vacation. Domestic work differs from other jobs in that the work takes place inside other people’s homes, which often puts domestic workers’ wellbeing at the mercy of their employers.

    The exclusion of domestic workers from the FLSA was a concession to Southern politicians in the early 1900’s. It had left many homecare aides vulnerable to abuse and mistreatment by their employers. The rule was scheduled to go into effect on January 1, 2015. However, lawsuits filed by homecare corporations have hindered the change and served as an excuse for states to postpone implementation. For example, in Home Care Association of America v. Weil, U.S. District Court Judge Richard Leon vacated the portion of the Rule that prevents third-party home care providers from using the companionship services exemption, and later vacated the revised definition of companionship services.

    As of July 2015, only five states have passed the Domestic Workers Bill of Rights: New York; Hawaii; California; Massachusetts; and Oregon. New York was the first state to pass the law (in July 2010) after six years of efforts by domestic workers, unions, employers, clergy and community organizations. The bill was introduced in two other states, Connecticut and Illinois, but has yet to be passed.

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  • Are Charter Schools Better Able To Fire Low-Performing Teachers?

    Written on January 23, 2013

    Charter schools, though they comprise a remarkably diverse sector, are quite often subject to broad generalizations. Opponents, for example, promote the characterization of charters as test prep factories, though this is a sweeping claim without empirical support. Another common stereotype is that charter schools exclude students with special needs. It is often (but not always) true that charters serve disproportionately fewer students with disabilities, but the reasons for this are complicated and vary a great deal, and there is certainly no evidence for asserting a widespread campaign of exclusion.

    Of course, these types of characterizations, which are also leveled frequently at regular public schools, don't always take the form of criticism. For instance, it is an article of faith among many charter supporters that these schools, thanks to the fact that relatively few are unionized, are better able to aggressively identify and fire low-performing teachers (and, perhaps, retain high performers). Unlike many of the generalizations from both "sides," this one is a bit more amenable to empirical testing.

    A recent paper by Joshua Cowen and Marcus Winters, published in the journal Education Finance and Policy, is among the first to take a look, and some of the results might be surprising.

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  • Moving From Ideology To Evidence In The Debate About Public Sector Unions

    Written on January 18, 2013

    Drawing on a half century of empirical evidence, as well as new data and analysis, a team of scholars has  challenged the substance of many of the attacks on public employees and their unions –urging political leaders and the research community to take this “transformational” moment in the divisive and ideologically driven debate over the role of government and the value of public services to deepen their commitment to evidence-based policy ideas.

    These arguments were outlined in "The Great New Debate about Unionism and Collective Bargaining in U.S. State and Local  Governments," published by Cornell University’s ILR Review.  The authors – David Lewin (UCLA), Jeffrey Keefe (Rutgers), and Thomas Kochan (MIT) – point out that, with half a century of experience, there is now a wealth of data by which to evaluate public sector unionism and its effects.

    In that context, the authors spell out the history, arguments and empirical findings on three key issues: 1) Are public employees overpaid?; 2) Do labor-management dispute resolution procedures, which are part of many state and local government collective bargaining laws, enhance or hinder effective governance?; 3) Have unions and managers in the public sector demonstrated the ability to respond constructively to fiscal crises?

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  • Jobs And Freedom: Why Labor Organizing Should Be A Civil Right

    Written on April 13, 2012

    Our guest authors today are Norman Hill and Velma Murphy Hill. Norman Hill, staff coordinator of the historic 1963 March on Washington for Jobs and Freedom, is president emeritus of the A. Philip Randolph Institute. Velma Hill, a former vice president of the American Federation of Teachers (AFT), is also the former civil and human rights director for the Service Employees International Union (SEIU). They are currently working on a memoir, entitled Climbing Up the Rough Side of the Mountain.

    Richard D. Kahlenberg and Moshe Z. Marvit have done a great service by writing Why Labor Organizing Should Be a Civil Right: Rebuilding a Middle-Class Democracy by Enhancing Worker Voice, an important work with the potential to become the basis for a strong coalition on behalf of civil rights, racial equality and economic justice.

    In the United States, worker rights and civil rights have a deep and historic connection. What is slavery, after all, if not the abuse of worker rights taken to its ultimate extreme? A. Philip Randolph, the founder and president of the Brotherhood of Sleeping Car Porters, recognized this link and, as far back as the 1920s, spoke passionately about the need for a black-labor alliance. Civil rights activist Bayard Rustin, Randolph’s protégé and an adviser to Martin Luther King, Jr., joined his mentor as a forceful, early advocate for a black-labor coalition.

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