The Supreme Court’s long anticipated decision in the case of Janus v. American Federation of State, County, and Municipal Employees shouldn’t have been a surprise. The court’s conservative majority did what they clearly intended to do–attempt to further weaken the voice and power of organized labor.
And while some commentators have called the decision a “major blow” to unions, others, including many active in their own unions, see it as requiring changes in unions that could ultimately strengthen the labor movement.
The new climate is going to require unions to put more resources into organizing, reaching new and existing members, and making sure they provide opportunities for active participation towards their common goals, rather than passive participation limited to voting in union elections.
For example, HSTA’s current leadership was elected because they showed teachers can display their power and push their demands outside of the routine structures of unions, and that members react favorably to such demonstrations. HGEA has been running ads selling the benefits of union membership, probably a necessary but not a sufficient response to the court’s ruling.
I just did a quick search via Google, which gathered a lot of the news and commentary.
Here are several worth pondering, many focusing on teachers unions due to the power displayed in what were essentially wildcat strikes of teachers in many states this year that drew wide public support.
Chalkbeat. “Detroit teachers unions won’t be hurt by the Janus decision. They already survived.”
Regardless of the Supreme Court’s decision, teachers unions won’t be disappearing any time soon. The Michigan Education Association remains the largest public union in the state with about 140,000 members, and has said that membership has stabilized and may even be growing.
When right-to-work passed in Michigan in 2012, legislators “felt that would destroy unions in Michigan, specifically us, Crim said. “That hasn’t happened.”
Transport Workers United, “Janus v. AFSCME. What Are The Implications?”
Counterpunch, “Will the Supreme Court Break or Remake the Labor Movement?” This article was originally published back in December 2017, but provides a concise political history of the union movement.
Quick gimmicks and fancy social media won’t save unions from Janus. When it comes to real union strength labor expert Jane McAlevey is required reading, especially her most recent book, “No Shortcuts: organizing for power in the gilded age.” McAlevey is correct that the labor movement’s terminal decline is due, in large part, to ignoring “deep organizing” in favor of the easier “shallow mobilizing” of gimmicky public relations campaigns.
Unions focused on making deals with the employers instead of fighting the employers over workplace issues, and thus the deals got worse as the organizing deteriorated: instead of striking for higher wages unions made concessionary deals. Because union leaders refused to fight, members believed their union to be weak, reinforcing the problem. Union strength doesn’t come from well-spoken negotiators or lobbyists but from the collective action of the membership, activated around issues they’re passionate about. Strong unions will survive Janus and the weak will be exposed, forced to change quickly or forced instead into history’s dustbin.
The Atlantic, “Is This the End of Public-Sector Unions in America?Despite a crippling decision by the Supreme Court, unions say they have a plan forward.”
The unions have also had very concentrated campaigns in advance of Janus to get members involved. The American Federation of Teachers is having one-on-one meetings with members and potential members, asking them to sign “recommit” cards in 10 states to promise that they’ll continue to be union members. The union currently has 530,000 recommits, a spokesman told me. (It has 1.7 million members.) One Toledo union has 100 percent of its members recommit, Weingarten said. Similarly, the National Education Association, or NEA, is reaching out to members and trying to convince them that a union can help them fight for racial justice and equal distribution of resources, rather than just for salary wages, according to Testerman. Members are motivated to join when they think about how unions will be advocates for teachers and the communities they serve. “When people actually see a movement that is giving voice to their profession and their students, they join their union,” he told me.
EducationDive, “Regardless of Janus decision, unions are entering ‘new chapter’”
At an afternoon session focusing on the teacher walkouts — none of which have been in states where employees pay agency fees — Ed Allen, president of the Oklahoma City American Federation of Teachers, said more teachers are interested in what the unions are doing.
“We’ve seen an increase in membership, and that was not us going out and organizing. That was people coming to us. When you move from powerless to powerful that’s a big deal,” he said, adding that those who are pro-Janus might face a “be careful what you wish for” scenario. “That will be another sign to teachers that we have to organize even more because there are forces out there that are working against you.”
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