Houston The headlines on the attack on workers and their unions has recently been written in the Midwest. An attempt to follow-up in Wisconsin on the stripping of union protections for public workers now finds the legislature there pile driving a so-called right-to-work bill that would strip unions of vital resources for representation requirements and services. Having spent hours in the Houston Local 100 office poring over a bill introduced in this session of the Texas legislature that could, if passed, and if passed in the current form, attack public workers at all levels state, counties, cities, and schools by eliminating any authority for payroll dues deductions for workers to their unions, it is important to realize that some of the highly publicized fights are just the tip of the iceberg as these concerted union attacks continue below the water line to eviscerate unions in areas of the country where workers are most beleaguered.
The New York Times reported a story recently about the coordinated efforts of many Republican controlled state legislatures to use a “preemption” strategy at the behest of industry and particularly the Koch Brothers’ funded ALEC conservative bill-writing factory to take away governing discretion at the local level that Republican business donors were finding obnoxious. The headline cases were the Denton, Texas city council outlawing fracking there down to whether or not the Fort Worth Mayor and Council could regulate the environmental damage from plastic bags. The story cited the longstanding preemption efforts in many states to eliminate the ability of cities to set their own minimum wage standards that began in the 1990’s with the Local 100 and ACORN’s ballot measure in Houston to raise the minimum wage as well as in New Orleans and Denver. Of course New Mexico, where cities have continued to retain that right, is a heavily targeted area for business now.
Perhaps we should not have been surprised in this dark and polarized climate to find bills with identical numbers introduced in both Texas and Oklahoma that would eliminate all abilities for worker requests for payroll dues deductions to be honored by public employers. The Oklahoma bill is only different from Texas in the fact that it is plainer spoken and just waves the mighty wand of the state to make all deductions disappear. In Texas, the language meanders around trickier pathways because there is more to unravel since some cities, particularly Houston, have opened the door to more direct negotiations with the HOPE coalition of city unions connected to SEIU and AFSCME, and they wanted to tiptoe a bit more around police and fire unions that bankrolled some of their buddies. Nonetheless, talking to our Austin-based attorney, Doug Young, every time we thought we might have found some wiggle room, he pointedly assured us it was legally locked down tighter than a bank vault.
Of course if something as draconian as these bills passes and becomes law, there are recourses in court based on the first amendment and our freedoms of association and the equal protection measures that frown on discrimination of our organizations, but that means years in court and uncertain results. One outcome will be certain, if such overreaching legislation is approved, there will be even weaker unions in states that are already notorious for the weakness of unions.
I am reminded of two things. One is the way that business and industry used a Lake Charles oil refinery strike to raise the temperature enough to win right-to-work legislation in Louisiana in 1976, and now the fact that the same effort is underway in the oil patch states while oil refinery workers are on a very well run and smart strike around safety conditions throughout Texas, Louisiana, and other states. The other thing that hits hard is my own advocacy of wider worker organization using direct dues collection outside of employer permissions to build strong and sustainable organizations like our 35,000 member union of hawkers in Bengaluru and Chennai in India.
Nonetheless it is one thing to have alternative organizing and dues collection methodology. It is quite another to be forced in that direction with no alternatives, and that seems to potentially be our future in the current anti-union assaults in the southwest, and likely throughout the southern states.
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Rage Against the Machine’s “Bulls on Parade” Live at the WGA Writers Strike (some explicit content)