Tag: union

The Practical Impact of Harris v. Quinn: A Major Blow to Organized Labor

As noted in this previous post, the Supreme Court’s decision today in Harris v. Quinn does not remake private-sector labor law but does put an end to one of the labor movement’s greatest hopes for expansion: commandeering dues payments by recipients of state subsidies. While the decision may be narrow—the Court, after all, did not rule that no public workers may be forced to support a labor union—its impact will be anything but that.

The Illinois law at issue here in Harris was at the leading edge of a nationwide movement over the past decade to organize home-based care workers, including medical assistants and even family child-care providers, and thereby to “reinvigorate organized labor.”

Though a recent phenomenon, the use of sham employment relationships to support mandatory union representation has spread rapidly across the nation.  In just the decade since SEIU waged a “massive campaign to pressure [] policymakers” in Los Angeles to authorize union bargaining for homecare workers, home-based care workers “have become the darlings of the labor movement” and “helped to reinvigorate organized labor.”  From around zero a decade ago, now several hundred thousand home workers are covered by collective-bargaining agreements.

Measuring Progress on Violence against Union Members in Colombia

During a recent Congressional hearing on President Obama’s trade agenda, Rep. Sander Levin (D-Mich.) stated his continued objections to the FTA with Colombia:

“Union worker violence in Colombia remains unacceptably high - if not the highest in the world. Limited progress is being made in the investigation and prosecution of those responsible. Additionally, reports indicate that threats against union workers and others have increased, and there has been little concrete action today to pursue these cases.” [Emphasis added].

Levin warned that, despite signs of a more constructive approach to this issue from Colombia’s new president Juan Manuel Santos, “The only adequate measuring stick is progress on the ground.”

Rep. Levin should take a look at the Free Trade Bulletin that my colleague Dan Griswold and I published this week: “Trade Agreement Would Promote U.S. Exports and Colombian Civil Society.” When it comes to progress on the ground regarding violence against union members, Colombia already has a remarkable record. The number of assassinations of trade unionists has dropped 77% since its peak in 2001, compared to the total number of homicides in the country, which declined by 44% in the same period.

 

 

 Sources: National Union School (ENS) and Ministry of Social Protection (MPS).

If we look at the homicide rate as defined by the number of murders per 100,000 inhabitants, the rate for union killings was 5.3 per 100,000 unionists in 2010, six times lower than the homicide rate for the overall population (33.9 per 100,000 inhabitants).

In our paper, we present evidence that shows that union members enjoy greater security than other vulnerable groups of Colombian civil society, such as teachers, councilmen and journalists. Also, we highlight research conducted by economists Daniel Mejía and María José Uribe of the Universidad de los Andes in Colombia, which found no statistical evidence supporting the claim that trade unionists are targeted for their activities. Instead, their results show that “the violence against union members can be explained by the general level of violence and by low levels of economic development.”

As for Rep. Levin’s claim that there has been “little concrete action” to pursue crimes against trade unionists, once again the evidence says otherwise. In 2010 there were over 1,400 trade unionists under a government protection program—more than any other vulnerable group of Colombia’s civil society. In 2007, a special department was created in the Office of the Prosecutor General dedicated exclusively to solving crimes against union members and bringing the perpetrators to justice. Close to 85 percent of the sentences issued since 2000 for assassinations of trade unionists were issued after the creation of this department.

If Rep. Levin’s “adequate measuring stick is progress on the ground,” then he should recognize the tremendous achievements made by Colombia so far in reducing violence against trade unionists, and solving the crimes committed against them.

You can read the full paper here.

End ED — From the Left!

It’s no secret that expelling the U.S. Department of Education is something that a lot of libertarians, and conservatives who haven’t lost their way, would love to do. What’s not nearly so well known is that there are also people on the left who dislike ED. Now, they don’t dislike it because it and the programs it administers clearly exist in contravention of the Constitution, or because its massive dollar-redistribution programs have done no discernable good. They dislike it because, especially since the advent of No Child Left Behind, it strong-arms schools into doing things left-wing educators often disagree with or resent, like pushing phonics over whole language, or imposing standardized testing. Many also truly believe in local control of schools, though often with power consolidated in the hands of teachers.

Case in point is a guest blog post over at the webpage of the Washington Post’s Valerie Strauss. The entry is by George Wood, principal of Federal Hocking High School in Ohio and executive director of the Forum for Education and Democracy. He writes:

Everybody dislikes bureaucracies, but for different reasons. The “right” complains they are unresponsive, full of “feather-bedders,” and a waste of taxpayer money. The “left” complains they are unresponsive, full of people who are too busy pushing paper to see the real work, and too intrusive into local, democratic decision-making. Maybe we should unite all this new energy for making government more responsive and efficient around the idea of eliminating a bureaucracy that was probably a bad idea in the first place.

Remember that the Department of Education was a payoff by President Jimmy Carter to teacher unions for their support. Before that, education was part of the Department of Health, Education and Welfare.

That’s where I propose returning it. Here are several reasons why:

First, the current structure of the national Department of Education gives it inordinate control over local schools. The federal government provides only about 8% of education funding. But through through NCLB, Race to the Top, and innovation grants, they are driving about 100% of the agenda. Clearly this is a case of a tail wagging a very big dog.

Second, by separating education from health and welfare, we have separated departments that should be working very closely together. We all know, even if some folks are loath to admit it, that in order for a child to take full advantage of educational opportunities he or she needs to come to school healthy, with a full stomach, and from a safe place to live.

But the federal initiatives around education seldom take such a holistic approach; instead, competing departments engage in bureaucratic turf wars that, while fun within the Beltway, are tragic for children in our neighborhoods.

Third, whenever you create a large bureaucracy, it will find something to do, even if that something is less than helpful. After years of an “activist” DOE, we do not see student achievement improving or school innovation taking hold widely. We have lived through Reading First, What Works, and an alphabet soup of changing programs with little to show for it.

In fact, DOE has often been one of the more ideological departments, engaging in the battles such as phonics vs. whole language. Who needs it?

Who needs it, indeed!

As I have touched upon repeatedly since last week’s election, now is the time to launch a serious offensive against the U.S. Department of Education. I have largely concluded that because of the wave of generally conservative and libertarian legislators heading toward Washington, as well as the powerful tea-party spirit powering the tide. But this is a battle I have always thought could be fought with a temporary alliance of the libertarian right and educators of the progressive left who truly despise top-down, one-size-fits-all, dictates from Washington. There are big sticking points, of course — for instance, many progressives love federal money “for the poor” — but this morning, I have a little greater hope that an alliance can be forged.

Grigori Rasputin Bailout

Sending billions of federal taxpayer dollars to teachers and other public school employees is the bailout that just won’t die. It’s been sliced, shot up in a firefight between Democrats, and even had a battle with food stamps, but it just can’t be killed!

Now, let’s be clear: This is not some wonderful crusade all about helping “the children.” It is pure political evil, a naked ploy to appease teachers’ unions and other public school employees that Democrats need motivated for the mid-term elections. It has to be, because the data are crystal clear: We’ve been adding staff by the truckload for decades without improving achievement one bit. Since 1970 (see the charts below) public school employment has increased 10 times faster than enrollment, while test scores have stagnated.

But suppose there were some rational reason to believe that we need to keep staffing levels sky-high despite getting no value for it. Lots of teachers’ jobs could be saved without a bailout if unions would just accept pay concessions like millions of the Americans who fund their salaries. But all too often, they won’t.

Sadly, this is all just part of the one education race that Washington is always running, and it absolutely isn’t to the top. It is the incessant race to buy votes. And guess what? Despite its reputation even among some conservatives, the Obama administration, just like Congress, is running this race at record speeds.

Argentina Sets an Example of Equality Before the Law for Latin America

Nowadays, it’s hard to find an instance where Argentina sets a positive example for the rest of Latin America. However, last night’s vote in that country’s Senate that legalizes same-sex marriages must be praised as that. Argentina has now become the first country in Latin America to recognize marriage equality for all couples.

The fight for marriage equality is just beginning in Latin America. Outside of Argentina, only Mexico City grants gay couples the right to marriage. Uruguay has granted civil union rights to same-sex couples since 2008, and last year in Colombia the Constitutional Court ruled that same-sex couples can be recognized as de facto unions, which enjoy all the rights of marriage. In December, Costa Rica might hold a referendum on this issue. While the referendum is promoted by opponents of gay civil unions, the vote could end up in a big upset victory for the gay community.

Latin America, with its deep-seated conservative Catholic tradition, is not fertile soil for the cause of gay equality. That is one more reason to applaud last night’s brave vote in Buenos Aires.

19 U.S. States Sold $1 Billion or More in China in 2009

The U.S.-China Business Council has performed a valuable public service by marshalling state-by-state figures on exports to China. In its annual survey, released this morning, the USCBC documents that 19 states exported $1 billion or more in 2009 to China, which is now the third largest market for U.S. exports.

In a statement accompanying the report, the USCBC noted that exports to China declined only slightly in 2009, compared to a 20 percent plunge in exports to the rest of the world. Top U.S. exports to China last year were computers and electronics, agricultural products, chemicals, and transportation equipment.

The USCBC figures tend to undercut complaints that China’s currency policies have stymied U.S. exports to that country. In fact, as I argued in an op-ed in the Los Angeles Times last week, since 2005, U.S. exports to China have been growing three times faster than our exports to the rest of the world.

There is agreement across the spectrum that the Chinese government should continue to move toward a more flexible, market-priced currency. But the export numbers do not give any support to the critics who want to threaten sanctions against China. In fact, as I concluded in my op-ed:

If the Obama administration hopes to double U.S. exports in the next five years, as the president announced in his State of the Union address, it should praise China for its growing appetite for U.S. goods and services, not threaten it with trade sanctions. Any company hoping to double its sales in the next five years would be foolish to pick a needless fight with one of its best customers.

John Paul Stevens, Defender of High-Tech Freedom

I’m saddened to hear of the retirement of Justice John Paul Stevens. Whatever you might say about his jurisprudence in other areas, one place where Justice Stevens really shined was in his defense of high-tech freedom.

Justice Stevens wrote the majority opinion in some of the most important high-tech cases of the last four decades. In other cases, he wrote important (and in some cases prescient) dissents. Through it all, he was a consistent voice for freedom of expression and the freedom to innovate. His accomplishments include:

  • Free speech: Justice Stevens wrote the majority decision in ACLU v. Reno, the decision that struck down the infamous Communications Decency Act and clearly established that the First Amendment applies to the Internet. In the 13 years since then, the courts have repeatedly beat back attacks on free speech online. For example, Justice Stevens was in the majority in ACLU v. Ashcroft, the 2004 decision that struck down another attempt to censor the Internet in the name of protecting children.
  • Copyright: Justice Stevens wrote the majority opinion in the 1984 case of Sony v. Universal, the case in which the Supreme Court upheld the legality of the VCR by a 5-4 vote. The decision, which today is known as the “Betamax decision” after the Sony VCR brand, made possible the explosion of digital media innovation that followed. When the recording industry tried to stop the introduction of the MP3 player in 1997, the Ninth Circuit cited the Betamax precedent in holding that “space shifting” with your MP3 player is permitted under copyright’s fair use doctrine. The iPod as we know it today probably wouldn’t exist if Sony had lost the Betamax case. Justice Stevens also wrote an important dissent in the 2003 decision of Eldred v. Ashcroft, in which he (like the Cato Institute) argued that the Constitution’s “limited times” provision precluded Congress from retroactively extending copyright terms.
  • Patents: The explosion of software patents is one of the biggest threats to innovation in the software industry, and Justice Stevens saw this threat coming almost three decades ago. Stevens wrote the majority decision in the 1978 case of Parker v. Flook, which clearly disallowed patents in the software industry. Three years later, Stevens dissented in the 1981 case of Diamond v. Diehr, which allowed a patent on a software-controlled rubber-curing machine. Although the majority decision didn’t explicitly permit patents on software, Stevens warned that the majority’s muddled decision would effectively open the door to software patents. And he has been proven right. In the three decades that followed, the patent-friendly U.S. Court of Appeals for the Federal Circuit has effectively dismantled limits on software patents. And the result has been a disaster, with high-tech firms being forced to spend large sums on litigation rather than innovation.

So if you enjoy your iPod and your uncensored Internet access, you have Justice Stevens to thank. Best wishes for a long, comfortable, and well-deserved retirement.

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