A debate between two writers...

CB

Public Employee Unions On The Defensive
By Robert Cruickshank
SFGate.com
June 14, 2010
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/06/13/INSD1DRDIC.DTL

For public employee unions - those representing police,
firefighters, teachers, prison guards and agency
workers of all kinds at the state and local levels -
these are the worst of times.

Despite record high membership and dues, and years of
unparalleled clout in state capitols, public-sector
unions find themselves on the defensive, desperately
trying to hold onto past gains in the face of a
skeptical press and angry voters. So far has the
zeitgeist shifted against them that on one recent
weekend, government employees were the butt of a
"Saturday Night Live" skit, and the next day, a New
York Times Magazine cover article proclaimed "The
Teachers' Unions' Last Stand."

Public unions' traditional strength - the ability to
finance their members' rising pay and benefits through
tax increases - has become a liability. Although
private-sector unions always have had to worry that
consumers will resist rising prices for their goods,
public sector unions have benefited from the fact that
taxpayers can't choose - they are, in effect, "captive
consumers."

At some point, however, voters turn resentful as they
sense that:

-- They are underwriting, through their taxes, a level
of salary and benefits for government employment that
is better than what they and their families have.

-- Government services, from schools to the Department
of Motor Vehicles, are not good enough - not for the
citizen individually nor the public generally - to
justify the high and escalating cost.

We are at that point.

In California, government-sector unions, once among the
most entrenched and powerful labor groups in the
country, mainly have themselves to blame. For most of
the postwar period, they were a force for progressive
change, prospering by winning over public support for
their agenda.

In the 1970s and '80s they backed laws like the Public
Records Act and Brown Act to make state and local
government more transparent. Because unions enjoyed
broad-based political support, efforts to enhance
government accountability and responsiveness to voters
were seen - correctly - as benefiting the unions and
their members. The public interest and public
employees' interests were aligned.

But the unions switched strategies. Although the change
was gradual, by the 1990s, California's government
unions had decided that, rather than cultivate voter
support for their objectives, they could exert more
influence in the Legislature, and in the political
process generally, by lavishing campaign contributions
on lawmakers. Adopting the tactics of other
special-interest groups, government unions paid lip
service to democratic principles while excelling at the
fundamentally anti-democratic strategy of writing
checks to legislators, their election committees and
political action committees.

While not illegal (in fact, such contributions are
constitutionally protected), the unions' aggressive
spending on candidates put them on the same moral low
ground as casino-owning tribes, insurance companies and
other special interests that have concluded that the
best way to influence the legislative process is to,
well, buy it.

Public unions' distrust of voters, and abandonment of
government transparency as a union objective, could be
seen in their successful push, in the mid-1990s, for a
change to the Brown Act, California's open-meeting law.
The new provision ensured that the public would have no
access to collective-bargaining agreements negotiated
by cities and counties - often representing 70 percent
or more of their total operating budgets - until after
the agreements were signed.

What happens when voters and the press have no
opportunity to question elected officials about how
they propose to pay for a lower retirement age, better
health benefits for retirees' dependents, richer
pension formulas and the like? The officials make
contractual promises that are unaffordable,
unsustainable and, in general, don't come due until
after those elected officials have left office. In the
case of Vallejo, this veil of secrecy and the symbiotic
relationship it fosters led to municipal bankruptcy.

The biggest blow to unions' public support has come
from revelations about jaw-dropping compensation and
pension benefits. Police have received unwelcome
attention for budget-busting overtime and the
manipulation of eligibility rules for "disability
pensions," which provide higher benefits and tax
advantages. Other government employees, particularly
managers, have been called out for "pension spiking":
using vacation time, sick pay and the like to boost
income in the last years of employment, which are the
basis for calculating retirement benefits.

Such gaming of the system boosts starting pensions to
levels that can approach, and even exceed, employees'
salaries. Some examples from the reporting of the
Contra Costa Times' Daniel Borenstein: A retired
Northern California fire chief whose $185,000 salary
morphed into a $241,000 annual pension; a county
administrator whose $240,000 starting pension was 98
percent of final salary; and a sanitary district
manager who qualified for a $217,000 pension on a
salary of $234,000. At a time when most Californians
anticipate an austere retirement (if they can afford to
retire at all), government pensions are a source of
real voter anger.

The harm to the credibility of public employee unions
from these excesses is made far worse by the unions'
attempts to hide them. The revelations about pay and
pension abuses have surfaced only as a result of
lawsuits. (The First Amendment Coalition has been a
plaintiff in several of these cases.) Public employee
unions, could have, and should have, taken the lead to
stop abusive pension practices, which mainly involve
managers and other senior staff. Instead, they have
vigorously opposed disclosure of individual employees'
salaries and pension amounts.

Public employee unions need to reboot. The old strategy
of cynically buying political influence and excluding
the public from decision making has run its course.
Unions can rebuild public support by recommitting to an
agenda of open government in the public interest. If
they don't, they will be further marginalized.

Peter Scheer, a lawyer and journalist, is executive
director of the First Amendment Coalition, a California
nonprofit dedicated to government transparency and
political accountability. Contact him at
www.firstamendmentcoalition.org. Send your feedback to
us through our online form at
SFGate.com/chronicle/submissions/#1.

This article appeared on page N - 5 of the San
Francisco Chronicle

The Real Reason Public Employee Unions Are On The
Defensive by: Robert Cruickshank Mon Jun 14, 2010
Calitics.com
http://calitics.com/diary/11870/the-real-reason-public-
employee-unions-are-on-the-defensive

In Sunday's San Francisco Chronicle, Peter Scheer of
the First Amendment Coalition blames public employee
unions themselves for the defensive position they
undeniably find themselves in right now. Scheer's
argument is a mixture of right-wing claims that it's
somehow wrong for people to be paid well and a more
interesting claim that unions brought these problems
upon themselves by not cultivating enough public
support.

The main problem with this argument is that it totally
ignores the role of the right-wing, corporate
union-busting machine in systematically undermining
unions, especially public sector unions. Leaving that
crucial piece of the story out of the op-ed makes
Scheer's argument much weaker.

Scheer starts by uncritically repeating the argument
that public sector unions are overpaid:

Public unions' traditional strength - the ability to
finance their members' rising pay and benefits through
tax increases - has become a liability. Although
private-sector unions always have had to worry that
consumers will resist rising prices for their goods,
public sector unions have benefited from the fact that
taxpayers can't choose - they are, in effect, "captive
consumers."

At some point, however, voters turn resentful as they
sense that:

-- They are underwriting, through their taxes, a level
of salary and benefits for government employment that
is better than what they and their families have.

-- Government services, from schools to the Department
of Motor Vehicles, are not good enough - not for the
citizen individually nor the public generally - to
justify the high and escalating cost.

It is no doubt true that some voters are turning
resentful over these things. But it is not the fault of
the public sector unions that this is the case. Public
sector unions have consistently led the charge for
better public services, from the DMV to schools. It
makes as much sense to blame the teacher for the lack
of funding for K-12 schools as it does to blame the
call center staffer at Comcast for the company's poor
quality of service.

Not only is it the job of public sector unions to
advocate for better pay and benefits, it is
economically productive for all Californians when that
happens. Those wages and benefits fuel economic
activity, including private sector activity, creating
many more jobs than if the wages and benefits were
lower.

Those wages and benefits should act as a peg for the
private sector to match, a rising tide that can lift
all boats. In an era of deflation, we need to grow
wages in order to get us out of a long-term recession
and purge the debt.

Of course, big corporations don't want that kind of
race to the top. They much prefer a race to the bottom,
where everyone has low wages and barely any benefits to
speak of, at least that aren't paid out of their own
pocket.

To advance that cause, they have spent a truly enormous
amount of money funding a massive attack on labor
unions. This effort is multifaceted and very well
thought out. It includes think tanks that create and
deliver messaging against unions, legal firms that
specialize in suing unions over even the slightest
paperwork error, and of course, funding anti-union
ballot initiatives and anti-union politicians.

That necessitated a response strategy on the part of
labor - in both the public and private sector - that
focused on the ballot and the state legislature here in
California, in order to hold back that right-wing tide.
Scheer criticizes this as well, but in the absence of
any acknowledgement of the right-wing attack on unions,
he makes it sound like a shift designed shut the public
out:

But the unions switched strategies. Although the change
was gradual, by the 1990s, California's government
unions had decided that, rather than cultivate voter
support for their objectives, they could exert more
influence in the Legislature, and in the political
process generally, by lavishing campaign contributions
on lawmakers. Adopting the tactics of other
special-interest groups, government unions paid lip
service to democratic principles while excelling at the
fundamentally anti-democratic strategy of writing
checks to legislators, their election committees and
political action committees.

There's nothing "anti-democratic" about this. Unions
are democratic institutions, and are collections of
thousands (sometimes hundreds of thousands) of
Californians. Unions aren't some alien special interest
working against the people of California - they are the
people of California.

And when that message is delivered by unions, it
resonates. Scheer claims that public sector unions have
stopped "cultivating voter support for their
objectives" since the 1990s, but that fails to explain
the 2005 special election. Arnold Schwarzenegger's
right-wing proposals were crushed by the public sector
unions, who came together and framed the initiatives as
teachers, nurses and firefighters against what had been
a popular governor. Californians responded very
favorably to this messaging, agreeing that those vital
public service workers did not deserve to be attacked
in this way, and voted down all of Arnold's proposals.

Not enough was done to consolidate that victory. Under
constant right-wing fire, unions kept having to fight
in courts and in legislatures to protect their workers.
More needed to be done, and still needs to be done, to
deliver pro-worker framing and messaging to the voters.
But it's difficult to do in the face of a well-funded
right-wing onslaught.

It also doesn't help when some large unions, like SEIU,
decide to turn on their own union locals and destroy
progressive power, as they did when they moved to
trustee the United Healthcare Workers-West, a union
that had done an excellent job using its organizing to
build political activism.

Here in the depths of the recession, the public
employee unions are indeed on the defensive, and
certainly do need to explore new tactics. Some of them
are already doing this. The California Federation of
Teachers launched their March for California's Future
earlier this year specifically to generate and
consolidate public support for teachers and public
schools. The California Faculty Association has been
very active in helping organize and support student
activism on our college campuses. CFT has joined with
AFSCME to help put an initiative on the ballot to
restore majority rule to the budget process.

More needs to be done. And the unions seem to know
that, and are beginning to respond. The California
Teachers Association is perhaps the most important
union in this regard. Despite widespread public outrage
at K-12 budget cuts, and a total lack of public support
for the radical experiments the so-called "education
reformers" are trying to conduct on students, K-12
schools have been battered during this recession. And
teachers' unions are often used to justify these
extreme cuts and unproven reforms.

CTA was perhaps the classic example of a public sector
union that played the insider game. For many years they
played it very well. But they also understood the need
to mobilize the public, which they did in 2005.
However, they need to spend a lot more time now
cultivating public support for teachers, by stoking
outrage at cuts and by mobilizing public reaction
against the Wall Street-backed "education reform"
movement, which is really nothing more than
privatization in disguise.

That doesn't justify Scheer's argument, because Scheer
ignored the fact that unions like CTA have very little
room to maneuver in the face of a right-wing shock
doctrine assault on public services, using public
sector unions as a bogeyman to justify these unpopular
cuts and unwanted reforms.

In California we're already seeing labor reach out to
progressive activists. The kind of labor/netroots
coalition that nearly beat Blanche Lincoln can come
together in this state in support of progressive
candidates and to articulate progressive values and
messages to mobilize the public to respond to the
right-wing assault on all workers.

Such a movement is going to be increasingly necessary
if we are to stop the slide into long-term recession
and stagnation here in California. Unions are an
indispensable part of progressive power, and a vital
piece of our economic recovery strategy.

PortsideLabor aims to provide material of interest to
people on the left that will help them to interpret the
world and to change it.
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