Step This Way For The Deunionized American Workplace

American unions look headed for another legal beating in the US Supreme Court. Pretty soon, we’ll be able to drop all pretense and just advocate beatings until the morale–of American workers–improves. The Supreme Court is about to hand their overseers a slightly thicker, more knotted, whip.

Ten Californian teachers have sued their union–on First Amendment grounds–alleging that by paying union dues “they are being forced to pay money to support positions with which they disagree.” Their plea will likely find sympathetic ears on the current almost-completely-fallen-over-to-the-right Supreme Court, which has twice ruled that “the First Amendment bars forcing government workers to make payments to unions.” These are no innocent plaintiffs; they are an integral component of a “decades-long legal campaign to undermine public unions.” (Their lawsuit has been organized by the Center for Individual Rights, a libertarian group which enjoys funding from conservative foundations.)

Of course, the plaintiffs will continue to benefit from the union’s work to secure higher wages and workplace benefits–that’s just how collective bargaining works. But the rugged individualist at the head of the lawsuit, Mr. Elrich, will have none of it. As he notes, presumably standing on a cliff overlooking the American West, through which he will roll on his covered wagon, fighting off various governmental depredators:

“I can negotiate for myself,” he said. “I’m a good teacher, highly respected, and I can go anywhere.”

If the experience of American workers in the years following the extensive deunionization of the American workplace is any indication, most teachers will  likely “go” down the ladder of economic and social advancement. But freedom, fuck yeah, so that’s cool.

The plaintiff’s First Amendment concerns appear overblown:

Solicitor General Donald B. Verrilli Jr., representing the Obama administration, urged the justices to leave the Abood ruling alone. Reaping the benefits of collective bargaining, he said, is not the same as being compelled to support a political position.

 “The typical worker would surely perceive a significant difference between, on the one hand, contributing to a union’s legal and research costs to develop a collective-bargaining proposal for his own unit, and, on the other hand, making a political contribution to a union-favored candidate for governor,” Mr. Verrilli wrote.

Kamala D. Harris, California’s attorney general, told the justices in a brief that workers who object to the positions taken by unions suffer no First Amendment injuries because “they remain free to communicate their views to school officials, their colleagues and the public at large.”

Unsurprisingly, there is plenty of market language forthcoming from the plaintiffs

Ms. Cuen said the unions might need to improve to keep their members.

“If they’re worried about not getting forced money from everyone, what does that say about their product?” she asked. “So maybe if we win the case and they’re worried about people leaving in droves, they might need to improve their product and make it a little more user-friendly.”

I’m surprised Ms. Cuen forgot to throw in talk of union ‘brands’ and how they are losing their ‘customers.’ Perhaps she’ll do in her press release following their legal victory.

A Tiny Pleasure: Heading Home On Time

Yesterday evening, I took the train to my wife’s place of work at Brooklyn’s MetroTech Center. I was going to drop off my baby daughter at her mother’s office, and then head to the gym to workout. It had been a tiring day as any day of infant daycare invariably is; my wife was going to take over for the rest of the evening. As I arrived at the MetroTech subway station at 5PM, I noticed commuters waiting for the train, waiting to go home; as I walked up the stairs, out into the plaza and into my destination office building, more commuters streamed past me, wearing suits, jackets, formal and semi-formal wear, and a mixture of expressions, some tired, some smiling, others engaged in conversations with co-workers. The workday was done; families and friends awaited; the rest of the day did too.

Somehow, I found this sight absurdly pleasing;  it had been a 9-5 day, and now those who had ‘put in their time’ could put it behind them and move on. Here was visible proof then, that workers could still go home on time, that a life beyond the workday, and not just on the weekends, was possible.

Of course, that same pleasure reminded me that the reason I had had occasion to experience it was that I knew all too well that most workers put in ridiculously long hours at work, that they do not earn overtime or ‘comp’ time for it, that they often do not manage to take advantage of their vacation days, that sometimes falling sick is not an option, and finally, that very often retirements have to be delayed, if not postponed indefinitely.  (This situation is undoubtedly worse in the US than it is elsewhere in the world, though when I hear stories about the Indian corporate world during my trips to India, I’m convinced the US has serious competition there.)

Somehow, bizarrely, too many workers in the US have settled for a situation whereby not only are they working longer hours, they are not compensated for it. Their workplaces are unregulated in the worst possible way: their bosses can command them to come in early, stay late, skip lunches, work on weekends, spread their two weeks annual vacation out over the year so that they become a bunch of long weekends instead, and perhaps to final injury to insult, suggest that they aren’t really sick enough to take the day off. As for ‘personal days’, well, they aren’t.

Workers could change this, of course. They could unionize, bargain collectively as a unit, push back on employer power so that space is made for their needs, their time, their lives. They could ask for paid overtime–in time or money. But most workers in the US have convinced themselves, or have been so persuaded, that organized worker forces flirt with the Antichrist, with all that is good and holy in America, that unions are parasites. So rather than organize themselves and secure for themselves the benefits of a unionized work force, they’d rather stand by and let the remnants of organized labor in this country come under sustained political attack.

And never get home on time.