Public Sector Unions Under Siege: Solidarity in the Fight Back

Historical Context: Stability and the Institutional Curse

From $1980$ through $2010$ , public sector labor experienced an extended period of stability, characterized by legislative gains in several states.
Strategic focus during this period prioritized political action, leading to protective legislation such as:
- Secure collective bargaining rights.
- Agency fee and fair share arrangements.
- Contract fact-finding and arbitration processes.
By $2010$ , coverage was comprehensive in $26$ states and at least limited in $16$ others.
Union density in the public sector remained remarkably high at approximately $36\%$ , contrasting sharply with the steady decline observed in the private sector.
This stability led to an "institutional curse," where internal stagnation occurred as unions assumed long-term security. Success in winning bargaining rights quickly turned many public sector unions into "servicing model" organizations that focused on grievance handling rather than member engagement or internal organizing.

The Evolution of Union Strategy ( $1985$ to $2005$ )

The Changing Situation ( $1985$ )

Initiated by the American Federation of Labor–Congress of Industrial Organizations (AFL-CIO) to respond to challenges like globalization, deregulation, and declining private sector density.
Endorsed tactics included corporate campaigns, member mobilization, and improved communication.
Key unions involved: Amalgamated Clothing and Textile Workers Union (ACTWU), Hotel Employees & Restaurant Employees (HERE), and Service Employees International Union (SEIU).
Resulted in the creation of the Organizing Institute and the associate member program.

Organizing for Change, Changing to Organize (Mid- $1990s$ )

A blueprint embraced by John Sweeney that offered a formula for saving the labor movement.
Core strategies: devoting resources to organizing, developing strong staff, creating strategic plans, and mobilizing members.
Despite the sympathetic political environment of the Clinton administration, it did not increase union density, leading proponents to blame a lack of actual commitment from union leaders.

The Organizing Research Network ( $2003$ )

Led by Fred Feinstein (former NLRB general counsel), this association debated alternatives for growth.
Paul Booth (Assistant to AFSCME President Gerald McEntee) categorized strategies into two groups:
- Within labor's control: Resource shifting, mobilization, restructuring, targeting, and associate membership.
- Influenced by labor: Political action, employer neutrality, union security, and public support.

## New Unity Partnership ( $2003$ ) and the $2005$ Split
- An alliance of five unions: SEIU, UNITE, HERE, LIUNA, and UBC.
- Focused on Stephen Lerner’s "Immodest Proposal" to restructure the movement into several industrial powerhouses to exert sectoral bargaining power.
- This led to the $2005$ split between the AFL-CIO and the Change to Win (CTW) unions.

ALEC and the Coordinate Right-Wing Assault

The American Legislative Exchange Council (ALEC), founded in $1973$ , is a key driver of the coordinated attack on public sector unions.
ALEC’s structure and membership:
- Approximately $2,000$ predominantly Republican state legislators.
- Approximately $250$ private sector members (corporate sponsors).
- Operates through "public-private" partnerships to promote free markets, limited government, and individual liberty.
ALEC sponsors approximately $1,000$ pieces of state legislation annually, with about $200$ becoming law.
Post- $2010$ focus: Weakening labor’s political activity by targeting collective bargaining rights, dues deduction, and right-to-work laws.
Geographic impact: Following the $2010$ mid-terms, Republicans controlled both the executive and both legislative houses in $21$ states.
Examples of ALEC-modeled laws:
- Michigan HB $4003$ : A public sector right-to-work bill virtually identical to ALEC model language.
- Wisconsin Act $10$ : Modeled after ALEC’s Public Employee Freedom Act, Paycheck Protection Act, and Right to Work Act.

Labor's Coordinated Response: The Unity Tables

In response to the $2010$ mid-term results, unions across federations (AFL-CIO and Change to Win) and independents (NEA) formed an unprecedented alliance.
## The National Unity Table
- Born out of a shift in leadership under Richard Trumka (AFL-CIO).
- Funded by $11$ unions, including:
  - National Education Association (NEA).
  - Service Employees International Union (SEIU).
  - American Federation of State, County and Municipal Employees (AFSCME).
  - United Food and Commercial Workers (UFCW).
  - Communications Workers of America (CWA).
  - International Brotherhood of Teamsters (IBT).
  - American Federation of Teachers (AFT).
  - United Steelworkers (USW).
  - United Automobile Workers (UAW).
  - International Brotherhood of Electrical Workers (IBEW).
  - International Union of Painters and Allied Trades (IUPAT).
- Leadership: Aaron Pickrell (Director, former Obama campaign manager) and Jack Polidori (Field Director, formerly NEA).
- Successors in $2012$ and $2013$ : Tom Russell and Jeani Murray.
## State Unity Tables
- Established in $11$ battleground states: Wisconsin, Ohio, Indiana, Michigan, Minnesota, Missouri, Maine, New Hampshire, Pennsylvania, New Jersey, and Florida.
- These tables often operated outside traditional AFL-CIO state federation structures to include non-AFL-CIO unions like the NEA.

Legislative Outcomes and the $2012$ Elections ( $2011 – 2013$ )

## Legislative Statistics ( $2011 – 2013$ ):
- Collective Bargaining Limits: Introduced in $35$ states; enacted in $15$ .
- Dues Deduction Restrictions: Introduced in $26$ states; enacted in $3$ .
- Paycheck Deduction for Political Action: Introduced in $21$ states; enacted in $4$ .
- Right-to-Work Laws: Introduced in $30$ states; enacted in $4$ (including Indiana and Michigan).
## Specific State Case Studies:
- Wisconsin: Governor Scott Walker’s legislation restricted bargaining to wages only (capped at inflation), eliminated payroll deduction, and required annual union recertification.
- Ohio: Labor successfully overturned restrictive legislation through a public referendum after a massive mobilization and signature-gathering campaign.
- New Hampshire and Florida: Unions fended off attacks by building alliances with moderate Republicans (the "inside game").
## The $2012$ Elections:
- Despite Barack Obama winning $9$ of the $11$ unity table states, full Republican control of state governments increased from $21$ to $23$ states.
- Labor failed to recall Governor Scott Walker in Wisconsin.

Strategic Reflections and Assessment

## Internal Weaknesses Revealed:
- Don Taylor (University of Wisconsin): "Union security and contract arbitration have provided a wall of protection behind which public sector unions are fragile and service focused."
- Keith Willis (SEIU): Many public sector locals are "old school, grievance handling unions" and not nimble enough for political defense.
- NEA Official: "Public sector unions won collective bargaining too quickly… we didn't engage our members."
## Requirements for Success (Identified by Paul Booth):
- Labor unity across federations.
- Coordination with non-labor allies.
- Ability to establish a "firewall" with moderate Republicans.
- Deep member engagement (Internal Organizing).
## The Challenge of Solidarity:
- Tension exists between AFL-CIO and non-AFL unions regarding funding and infrastructure contributions.
- High-level staffing reveals that only about $20\%$ of labor councils and state federations run programs effectively.
- There is a risk that the Unity Table process could devolve into a bureaucratic form once the immediate threat abates.

Questions & Discussion

Question/Topic: How has the assault impacted membership numbers?
Response: Key officials state the impact has been "devastating" in some areas and describes the current work as "performing life saving" in places like Detroit and Wisconsin.
Question/Topic: What is the limit of mobilization/activism?
Response: Paul Booth notes that "The intensity of the fight exhausts activists" and warns that external struggle can sometimes become a barrier to necessary internal organizing.
Question/Topic: Is re-affiliation of unions into one federation necessary?
Response: One non-AFL-CIO representative suggested that "Re-affiliation is not as important now" because the Unity Tables provide a functional alternative for collaboration.

From $1980$ through $2010$ , public sector labor experienced a significant period of stability marked by legislative gains in several states. This era saw a strategic focus on political action, leading to protective legislation that included secure collective bargaining rights, agency fee arrangements, and contractual fact-finding processes. By $2010$ , 26 states had comprehensive coverage for labor protections while 16 other states offered limited coverage. Union density within the public sector was notably high at approximately 36\nd, a stark contrast to the declining density in the private sector.

However, this stability resulted in an "institutional curse." Unions began to experience internal stagnation as they became complacent, focusing heavily on grievance handling rather than engaging members and organizing internally. This shift toward a servicing model diminished their effectiveness.

The evolution of union strategy from $1985$ to $2005$ began as a response to external pressures like globalization and deregulation, initiated by the AFL-CIO's recognition of the need for a new approach. Key unions such as the ACTWU, HERE, and SEIU executed tactics that included corporate campaigns and member mobilization to address these challenges. This led to the formation of the Organizing Institute and the associate membership program to strengthen collective efforts.

Mid- $1990s$ strategies advocated by John Sweeney emphasized investing in organizing and developing strong staffing while mobilizing members. Despite the favorable political environment during the Clinton administration, union density did not significantly improve, drawing criticism that persistent commitment from union leadership was lacking.

Debates on growth alternatives led to the formation of the Organizing Research Network in $2003$ , categorizing strategies into labor's direct control and those influenced by external conditions. The New Unity Partnership formed that same year, which included significant unions like SEIU and UNITE, advocating for a restructuring of unions into industrial powerhouses to enhance bargaining power. However, this led to a split in $2005$ between the AFL-CIO and the Change to Win unions.

In response to renewed challenges faced after $2010$ , unions initiated unified efforts through the National Unity Table involving strategic alliances across various unions. Identified weaknesses during this time indicated the necessity for labor unity and active member engagement. Internal issues were prevalent, demonstrating that while unions had secured collective bargaining, they had to evolve to maintain member investment and internal organizing. These developments set the stage for legislative battles and political maneuvering that significantly impacted labor's role within the broader political context, particularly evident in the outcomes observed in the $2012$ elections, where public sector unions faced assault on their established rights and memberships.