As I understood it, the rationale (and to a degree the origins) of the
labour movement were that management was prepared to trade-off the
opportunity for collective action and some degree of co-power (collective
bargaining, shop rules, etc.etc.) with unions in return for the unions
undertaking to ensure (enforce) disciplined behaviour on the part of labour.

It looks now that in the interests of "efficiency" the "labour movement" has
decided to give up on the first part of the equation.

MG

-----Original Message-----
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On
Behalf Of David Mandl
Sent: May 10, 2008 3:05 AM
To: [EMAIL PROTECTED]
Subject: <nettime> Unions Forge Secret Pacts with Major Employers



Good news: Union membership is about to skyrocket!

Bad news: Union members will, um, not have the right to strike or "post
derogatory language about the companies on bulletin boards," and they will
be able to organize only at sites "selected jointly by the companies and the
unions"

    --Dave.

-------------------

Unions Forge Secret Pacts with Major Employers
By KRIS MAHER
The Wall Street Journal
May 10, 2008; Page A1

Two of the nation's largest labor unions have struck confidential agreements
with large employers that give the companies the right to designate which of
their locations, and how many workers, the unions can seek to organize.

The agreements are raising questions about union transparency and workers'
rights. A summary document put together by the unions says it is critical to
the success of the partnership "that we honor the confidentiality and not
publicly disclose the existence of these agreements." That includes not
disclosing them to union members.

The agreements involve workers who provide food, laundry and housekeeping
services on an outsourced basis. The employers are Sodexho Inc. and the
Compass Group USA unit of London-based Compass Group PLC. The unions are the
1.7 million-member Service Employees International Union, or SEIU, and Unite
Here. The unions say they negotiated a similar agreement with Aramark Corp.
but that Aramark broke the deal last year, and they're trying to reach a new
one. An Aramark spokesman declined to comment on that.

The unions defend the agreements and their secrecy, saying they've helped
workers join unions in growing industries at a time of declining union
membership in many sectors. Last year, 7.5% of
private- sector workers belonged to unions, compared with 17% 25 years ago.
The agreements have "resulted in tens of thousands of workers getting
unions" and been a major advance for the labor movement, said the president
of Unite Here, Bruce Raynor.

He defended keeping them confidential, saying the companies involved
insisted on that for competitive reasons.

The agreements go a step beyond what are called neutrality agreements. Those
agreements give unions the ability to organize workers free of employer
opposition. Unions often seek these in conjunction with an agreement to
organize workers via card-signing -- a speedier alternative to secret-ballot
elections, which can drag on and trigger counter-campaigns by employers.
Companies often agree to neutrality after unions bring pressure on the
employers from investors, local politicians and community leaders.

Labor experts said agreements such as those the SEIU and Unite Here reached
open a window on a big debate within organized labor: what kind of tradeoffs
to make when forging neutrality deals, and whether to let union members know
of the tradeoffs.

The SEIU's president, Andy Stern, said the unions sought the agreements
after realizing that traditional organizing campaigns at individual sites
were proving ineffective. "The old ways aren't working, and we're trying to
find different relationships with employers that guarantee workers a voice,"
he said. He dismissed the idea that the new agreements are undemocratic.
"These workers have no unions; that's where we start from," he said.

In 2005, the SEIU and Unite Here created a partnership to represent workers
that provide food and housekeeping services. Then they approached the
companies individually. Since 2005, the unions have organized about 15,000
workers at Aramark, Compass and Sodexho, which collectively employ more than
300,000 people in North America, according to an SEIU spokeswoman.

A key question in the agreements is determining at which sites a union can
organize. Unite Here's Mr. Raynor said specific sites where unions can
organize are selected jointly by the companies and the unions.

The agreements reached with Sodexho and Compass in 2005 give the companies
"the right to designate the sites" where unions may try to organize workers,
according to a confidential summary of the agreements reviewed by the Wall
Street Journal. The companies wouldn't comment on how locations were
selected for organizing.

The agreements, which expire at then end of 2008, stipulate the number of
employees that the unions can try to organize: 11,000 Sodexho workers and
20,000 Compass workers.

The Right to Strike

The unions gave up the right to strike and to post derogatory language about
the companies on bulletin boards. With Compass, the unions agreed to these
restrictions "anywhere in the world." In exchange, the companies agree not
to oppose union organizing at the designated locations.

But limits are also set. "Local unions are not free to engage in organizing
activities at any Compass or Sodexho locations unless the sites have been
designated," says the confidential summary.

Mr. Stern said that if workers wanted to join a union at a location the
companies had ruled out, having these agreements would enable a union to
negotiate on the matter. "If workers want a union we can discuss that," he
said. "Trust me, a lot more workers are coming in than being excluded by the
agreement."

The companies said they reached the agreements because they support their
employees' right to unionize. A spokeswoman for Compass, Cheryl Queen, said
the agreement "protects the interest of both our associates and our clients,
while allowing us to develop positive relationships with those trade
unions." A Sodexho spokeswoman, Jaya Bohlmann, said, "We pride ourselves on
having a very open dialogue with the union and their representatives."

The SEIU has added more members in recent years than any other labor union.
But resentment against Mr. Stern has been building among some in the union,
who see him as too close to management and too insistent on centralizing
power.

Some argue that the SEIU is adding new members at the expense of current
ones. "We really believe that Stern and the international are putting growth
in numbers ahead of any other consideration of what a union means in the
lives of working people," said Zev Kvitky, president of a small SEIU local
that represents food-service and custodial workers at Stanford University.
Mr. Stern, rejecting the criticism, said the union actually is becoming less
centralized.

'Not Widespread'

Labor experts said it was highly unusual for unions to give employers the
ability to choose which employees a union can try to organize. "That's not
widespread," said Robert Bruno, associate professor of labor relations at
the University of Illinois at Chicago. "When you agree to these kinds of
conditions the question is what is lost and what is gained?"

The agreements enable the unions to organize workers through a simple
card-signing process in which the companies agree to remain neutral, rather
than a secret-ballot election. The companies agree to provide the unions
with lists of employees and access to workers. The unions give up the
ability to strike and agree that they will present issues before a
labor-management committee before engaging in leafleting or rallies.

--
Dave Mandl
[EMAIL PROTECTED]
[EMAIL PROTECTED]
http://www.wfmu.org/~davem






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