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

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.

The Indiana Model

Indiana is well on its way to becoming a ‘right-to-work’ state this week, with the state’s Republican-controlled House of Representatives approving new legislation and the Senate poised to follow suit. The legislation weakens union protections and enables individual workers to refuse to pay their share of union representation costs, even if a majority of their coworkers have voted for union representation and the union is legally obligated to pay to bargain for and protect their rights on the job. It is the first Midwestern manufacturing state to pass such a bill, though other Republican-dominated state legislatures are considering similar legislation.

One of the most interesting things about this move is just how unpopular it is. According to the AFL-CIO, only one-third of Indiana voters favor the legislation and more than 70 percent of them want the question submitted to a vote, via a state referendum. So why, in an election year, have Republican politicians decided to push forward?

The False Conflict Between Unionism and Professionalism

Some people have the unfortunate idea that unionism is somehow antithetical to or incompatible with being a professional. This notion is particularly salient within education circles, where phrases like “treat teachers like professionals” are often used as implicit arguments against policies associated with unions, such as salary schedules and tenure (examples here, here, here and here).

Let’s take a quick look at this "conflict," first by examining union membership rates among professionals versus workers in other types of occupations. As shown in the graph below, if union membership and professionalism don’t mix, we have a little problem: Almost one in five professionals is a union member. Actually, union membership is higher among professionals than among any other major occupational category except construction workers.

Schedule Conflicts

As most people know, the majority of public school teachers are paid based on salary schedules. Most (but not all) contain a number of “steps” (years of experience) and “lanes” (education levels). Teachers are placed in one lane (based on their degree) and proceed up the steps as they accrue years on the job. Within most districts, these two factors determine the raises that teachers receive.

Salary schedules receive a great deal of attention in our education debates. One argument that has been making the rounds for some time is that we should attract and retain "talent" in the teaching profession by increasing starting salaries and/or the size of raises teachers receive during their first few years (when test-based productivity gains are largest). One common proposal (see here and here) for doing so is reallocating salary from the “top” of salary schedules (the salaries paid to more experienced teachers) down to the “bottom” (novice teachers’ salaries). As a highly simplified example, instead of paying starting teachers $40,000 and teachers with 15 years of experience $80,000, we could pay first-year teachers $50,000 and their experienced counterparts $70,000. This general idea is sometimes called “frontloading," as it concentrates salary expenditures at the “front” of schedules.

Now, there is a case for changes to salary schedules in many places – bargained and approved by teachers – including, perhaps, some degree of gradual frontloading (though the research in this area is underdeveloped at best). But there is a vocal group of advocates who assume an all-too-casual attitude about these changes. They seem to be operating on the mistaken assumption that salary schedules can be easily overhauled – just like that. We can drastically restructure them or just “move the money around” without problem or risk, if only unions and "bureaucrats" would get out of the way.**

The Teachers' Union Hypothesis

For the past couple of months, Steve Brill's new book has served to step up the eternally-beneath-the-surface hypothesis that teachers’ unions are the primary obstacle to improving educational outcomes in the U.S. The general idea is that unions block “needed reforms," such as merit pay and other forms of test-based accountability for teachers, and that they “protect bad teachers” from being fired.

Teachers’ unions are a convenient target. For one thing, a significant proportion of Americans aren’t crazy about unions of any type. Moreover, portraying unions as the villain in the education reform drama facilitates the (mostly false) policy-based distinction between teachers and the organizations that represent them – put simply, “love teachers, hate their unions." Under the auspices of this dichotomy, people can advocate for changes , such as teacher-level personnel policies based partially on testing results, without having to address why most teachers oppose them (a badly needed conversation).

No, teachers’ unions aren’t perfect, because the teachers to whom they give voice aren’t perfect. There are literally thousands of unions, and, just like districts, legislatures and all other institutions, they make mistakes. But I believe strongly in separating opinion and anecdote from actual evidence, and the simple fact is that the pervasive argument that unions are a substantial cause of low student performance has a weak empirical basis, while the evidence that unions are a primary cause of low performance does not exist.

The Cutting Edge Of Teacher Quality

The State of Michigan is currently considering a bill that would limit collective bargaining rights among teachers. Under the proposal, paying dues would be optional. This legislation, like other so-called “right to work” laws, represents an attempt to defund and create divisions within labor unions, which severely weakens teachers' ability to bargain fair contracts, as well as the capacity of their unions to advocate on behalf of of public schools and workers in general.

Last month, Michigan State Senate Majority Floor Leader Arlan Meekoff (R- West Olive) was asked whether he thought the bill would pass. He responded in the affirmative, and added:

It's an opportunity to let teachers get farther away from union goons. That should give them a better chance to break away from the mediocrity. That should make things better for our schools and our children.
Well, there you have it, folks. We’ve been wasting our time by designing rigorous standards and overhauling teacher evaluations. The key to improving teacher quality is not training, compensation or professional development.

It’s goon proximity.

For Many Teachers, Reform Means Higher Risk, Lower Rewards

** Also posted here on “Valerie Strauss’ Answer Sheet” in the Washington Post

One of the central policy ideas of market-based education reform is to increase both the risk and rewards of the teaching profession. The basic idea is to offer teachers additional compensation (increased rewards), but, in exchange, make employment and pay more contingent upon performance by implementing merit pay and weakening job protections such as tenure and seniority (increased risk). This trade-off, according to advocates, will not only force out low performers by paying them less and making them easier to fire, but it will also attract a “different type” of candidate to teaching – high-achievers who thrive in a high-stakes, high-reward system.

As I’ve said before, I’m skeptical as to whether less risk-averse individuals necessarily make better teachers, as I haven’t seen any evidence that this is the case. I’m also not convinced that personnel policies are necessarily the most effective lever when it comes to “attracting talent," and I’m concerned that the sheer size of the teaching profession makes doing so a unique challenge. That said, I’m certainly receptive to trying new compensation/employment structures, and the “higher risk, higher reward” idea, though unproven in education, is not without its potential if done correctly. After all, teacher pay continues to lose ground to that offered by other professions, and the penalty teachers pay increases the longer they remain in the profession. At the same time, there is certainly a case for attracting more and better candidates through higher pay, and nobody would disagree that accountability mechanisms such as evaluations and tenure procedures could use improvement in many places, even if we disagree sharply on the details of what should be done.

There’s only one problem: States and districts all over the nation are increasing risk, but not rewards. In fact, in some places, risk is going up while compensation is being cut, sometimes due to the same legislation.

Collective Bargaining Teaches Democratic Values, Activism

Some people must have been startled by President Obama’s decision to draw a line in the sand on collective bargaining in his jobs speech to the Congress last week. Specifically, the President said: “I reject the idea that we have to strip away collective bargaining rights to compete in a global economy."

Given the current anti-union tenor of many prominent Republicans, started by Wisconsin Governor Scott Walker, it seems pretty clear that worker rights is shaping up to be a hot-button issue in the 2012 campaign. Collective bargaining rights as presidential campaign plank? It wasn’t that long ago that anything to do with unions was considered to be an historic anachronism – hardly worth a major Republican presidential candidate’s trouble to bash. Times have changed.

Wisconsin: Will It Be "Cool Hand Luke" Or "Norma Rae"?

As the implications of Wisconsin Governor Scott Walker’s attack on collective bargaining begin to sink in, some local officials have eagerly embraced one possibility opened up by the new anti-bargaining law: replacing union workers with convict labor.

This is not a new idea, at least not in Racine County. Last summer, budget problems led the county to try to replace unionized seasonal workers with prison labor. Teamsters Local 43 sued, arguing that the move violated the union contract. The judge sided with the union, but changes in the state’s collective bargaining law since that time have altered the legal picture, and Racine County administrators are taking another look at the idea.

How has the new law changed things? Not only did it strip unionized workers of their right to negotiate over health care and retirement issues, it also removed their contractual rights to their jobs – in the sense that they can no longer claim that certain jobs fall within the scope of the union contract and should be filled by union workers. This gives state and local officials the ability to hire private contract workers and even prison inmates to take those positions.

This is a "win-win" situation, according to Racine County Executive Jim Ladwig. While conceding that the idea is unpopular, he argued that "once people see things are still running smoothly, running efficiently, a lot of the fears will be alleviated." While the prisoners do not get paid for their work, they may earn time off their sentences, he said.

Q: Do We Need Teachers' Unions? A: It's Not Up To Us.

I sometimes hear people – often very smart and reasonable people – talk about whether “we need teachers’ unions." These statements frequently take the form of, “We wouldn’t need teachers’ unions if…," followed by some counterfactual situation such as “teachers were better-paid." In most cases, these kinds of musings reflect “pro-teacher” sentiments – they point out the things that are wrong with public education, and that without these things unions would be unnecessary.

I’d just like to make a very quick comment about this line of reasoning, one that is intended to be entirely non-hostile. The question of whether or not “we need teachers’ unions," though often well-intentioned, is inappropriate.

It’s not up to “us." The choice belongs to teachers.