As the proverbial curtain rises on the Bush era in national politics, it's hard to know just how pessimistic progressives should be about the new President's aims and intentions. On a rhetorical level, we were greeted with an inaugural address that with a few minor adjustments could have been given by an incoming president of the NAACP. Look at the substance, however, and we find nominees at the Justice and Interior departments who could have been vetted by the John Birch Society, if not the Army of the Confederacy. The two warring sides of the Republican psyche were neatly illustrated recently at a dinner sponsored by the Philanthropy Roundtable at the Regency Hotel in New York, where two current stars of the Republican rubber-chicken circuit, Weekly Standard editor David Brooks and American Enterprise Institute "research scholar" and Olin fellow Dinesh D'Souza, held forth after a nicely Republican red-meat repast.
Brooks is still riding the wave of his bestselling work of "comic sociology" about America's new elite, Bobos in Paradise: The New Upper Class and How They Got There. His talk, like the book, is mostly affectionate ribbing of this class for its bourgeois consumption habits and bohemian self-image. Though he'd be loath to admit it, Brooks is an old-fashioned liberal Republican, not unlike Poppy Bush before he got the bit of presidential ambition in his teeth and found his principles run over by a Reagan landslide. (Just what Brooks is doing in a party dominated not by Prescott Bush and Elliot Richardson but Dick Armey and Tom DeLay is a question for another day.) A self-confessed Bobo, Brooks has only one problem with this tolerant, secular-minded and self-satisfied elite--its lack of civic consciousness.
There are no poor people in the Bobo world--even illegal Guatemalan nannies are treated as if they are taking care of your children and cleaning your bathroom as a lifestyle choice rather than out of economic necessity. "The new elite," as Brooks explained to the assembled philanthropists, "has no ethic of chivalry." Charitable giving as a percentage of assets has not remotely kept up with the unprecedented explosion of wealth in the United States during the past decade.
The virtues of such selfishness, on the other hand, have never escaped Dinesh D'Souza. The young Indian immigrant made his name in this country giving eloquent voice to the most morally repugnant aspects of Reagan-era Republicanism. He began his career as an obnoxious Dartmouth undergrad, publishing crude racist attacks in the off-campus conservative newspaper, followed by a stint at a Princeton magazine where he delighted in exposing details of female undergrads' sex lives. His first book was a loving appreciation of aspiring ayatollah Jerry Falwell.
D'Souza became a national phenomenon with a book attacking PC culture at universities, which was defensible, if overstated, and an apologia for American racism, which he termed "rational discrimination." With its pseudointellectual patina, D'Souza's work, even more than Charles Murray's, seems designed to offer solace to those who miss the good old days of Jim Crow laws and late-night cross burnings. Segregation, he argued, was designed to protect African-Americans and "to assure that [they], like the handicapped, would be...permitted to perform to the capacity of their arrested development." It would end when "blacks as a group can show that they are capable of performing competitively in schools and the work force."
D'Souza is touring for a new work, The Virtue of Prosperity: Finding Values in an Age of Techno-Affluence. (It is a measure of how well-funded are right-wing arguments that I have so far received four unrequested copies.) The thrust of his argument is the opposite of that of Brooks. Simply put, wealth has no obligations to poverty except to avoid it. As he once argued for the logic of racism, he now speaks for the morality of parsimony. The United States, he asserts, is "probably the best society that now exists or has ever existed."
D'Souza is the kind of moral philosopher who pays more attention to the musings of the Ayn Rand-spouting entrepreneur T.J. Rodgers, who races his BMW over speed bumps while attacking the moral probings of the clergy, than he does to the combined works of John Rawls and Richard Rorty. (Terming the latter "Rip Van Rorty" is what passes for wit in these pages.) Reinhold Niebuhr receives no mention at all.
Of course, it's not exactly hard to find billionaires who think of themselves as altruists regardless of the obscene amounts of wealth they accumulate. But it is much more cost-effective to induce "intellectuals" to say it for them. D'Souza fills this purpose not only by celebrating mass wealth but by abolishing poverty. "Poverty," he argues, "understood as the absence of food, clothing, and shelter, is no longer a significant problem in America." His evidence for this breathtaking claim is that even poor people have refrigerators these days, and many of them are fat. That 30 million Americans still struggle beneath the poverty line and 42 million lack the benefit of health insurance represent, to D'Souza, mere speed bumps on our highway to capitalist utopia.
When Bush père was inaugurated, he too made a great show of what was not yet called "compassionate conservatism." He acknowledged that poor people exist and that somebody should do something about it, but as a society, he warned, we had "more will than wallet." (And anyway, his contributors were demanding a cut in the tax on capital gains.) Dubya closed his inaugural with a similar flourish, in which he promised to work "to make our country more just and generous."
To show that Dubya is even remotely serious about his agenda for the poor, he and his Administration will have to ponder the kinds of questions raised by Brooks about the moral obligations of wealth. That is, after all, about the best one can expect from Republicans. But to the degree that he wishes to prove what his enemies insist to be true--that all this compassionate conservatism is simply a frilly frock in which to clothe the Reaganite Republican values of top-down class war--expect to hear plenty more from Dinesh D'Souza.
For more than two years, the antisweatshop movement has been the hottest political thing on campus [see Featherstone, "The New Student Movement," May 15, 2000]. Students have used sit-ins, rallies, hunger strikes and political theater to demand that garments bearing their institution's logo be made under half-decent working conditions.
From the beginning, the major players were students and administrators. While some progressive faculty members--mostly from sociology departments--offered the students early support, economists, who like to think of their discipline as the queen of the social sciences, kept fairly quiet.
That changed this past July. After colleges and universities made a number of visible concessions to the students over the spring, a group of some 250 economists and lawyers released a letter to administrators, basically complaining that they hadn't been consulted. The letter, initially drafted by Jagdish Bhagwati of Columbia University and burnished to perfection by a collective of free-trade zealots calling themselves the Academic Consortium on International Trade (ACIT), reproached administrators for making concessions "without seeking the views of scholars" in relevant disciplines. Judging from their letter, the views of these scholars might not have been terribly enlightening. On page 24 of the magazine, the ACIT missive appears with some comments (see "Special" box, right).
Greed led to miscalculation, which led to brownouts and soaring rates.
For downsized workers in Bloomington, it's time to start thinking globally.
Something doesn't add up about the new Treasury Secretary nominated by George W. Bush. The supply-side conservatives who live for more big tax cuts on capital and upper-bracket incomes are actively leery about Alcoa chairman Paul O'Neill. Some grumble that he may be a talented corporate manager but that he's ill equipped for the top economic post in the Bush Administration. Meanwhile, George Becker, president of the Steelworkers union, loves the O'Neill selection. "I'm not an economist, I just go on gut beliefs," Becker said. "But Paul is a person working people and labor people can talk to. He is an industrialist who believes in the United States and has maintained a strong industrial base in the United States. I think this is far better than having another bond trader in that job."
Bush's choice has startled many quarters, including Wall Street, because O'Neill comes to the job from old-line manufacturing and with a reputation for independent thinking, albeit in the moderate Republican manner. Above all, he is not a banker or financier--the first Treasury Secretary since the Carter Administration to originate from the business realm that actually makes things (aluminum, in O'Neill's case). Yet, oddly enough, O'Neill is also a government pro. He spent sixteen years as a systems analyst and budget economist in the federal government, rising to deputy director of the Office of Management and Budget under Gerald Ford, before a brilliant business career at International Paper and Alcoa (both multinational companies are reviled by environmentalists--he's not Ben & Jerry's). But unlike the laissez-faire crowd, O'Neill understands the power of activist government to intervene in the private economy and has demonstrated a taste for doing so. At a minimum, he represents a refreshing shift from the free-market mantra that has ruled at Treasury for the past two decades.
"I negotiated with Paul for years--he's very tough but fair--and we've always been able to get a fair, decent contract," said Becker, whose union represents 22,000 Alcoa workers. "I had people I could talk to in the Clinton Administration too. They would listen and tell me how much they understand our pain. Then they went out and deep-sixed us. I like [former Treasury Secretary] Bob Rubin, but Rubin killed us in steel. He would say, Let the marketplace decide. Except, when financial firms got in trouble, they went to the rescue."
In contrast, as a business executive, Paul O'Neill artfully engineered a worldwide rescue for the aluminum industry and persuaded President Clinton to make it happen. Prices were collapsing in 1993 because the former Soviet republics were flooding the world market with cheap aluminum--devastating US producers like Alcoa. The temporary agreement amounted to a government-negotiated cartel--every producing nation reduced its output to prop up world prices--and it worked. Yet the political deal was done so skillfully that few in the media even noticed. And nobody complained about the scheme's contradicting Clinton's free-trade rhetoric. O'Neill knows where the levers are located and how to pull them.
While it would be nice to imagine that the Bush/Cheney team is sending a message about new ideological priorities with this appointment, their motivation is probably more pedestrian--personal trust, not policy. O'Neill comes from the same "old boy" circle of policy advisers that includes Dick Cheney, Donald Rumsfeld and, yes, Alan Greenspan during the Nixon/Ford years. He is a familiar old friend to all of them, experienced and capable, above all loyal. During George Bush Senior's ill-fated presidency, O'Neill took Alcoa out of the US Chamber of Commerce in order to endorse Bush's deficit-reducing tax increase--the one that got the President into permanent trouble with the party's right-wingers. Around the same time O'Neill proposed a $10-a-barrel tax on oil to force greater energy conservation. He supported Bill Clinton's more modest energy-tax proposal, which failed in 1993. He is quite willing, in other words, to break eggs over the GOP's antitax doctrine.
In another season, these qualities would have made for intriguing possibilities, but O'Neill's strongest asset--he's not from Wall Street--might also become a handicap in present circumstances, because the Bush Administration is assuming power amid a breaking storm--the collapsing stock-market bubble and deteriorating economic growth worldwide. Whether this event turns out to be good luck for Dubya or the ruination of his presidency will depend crucially on the smarts of O'Neill and a team of White House economic advisers that includes former Federal Reserve governor Lawrence Lindsey as principal counselor and, presumably, Stanford economist John Taylor at the Council of Economic Advisers. The old boys from business and finance gathered at the governor's mansion in Texas to throw in their advice, a private conversation that did not include the press and public.
The problem is that none of Bush's lead advisers have displayed any special feel for financial markets--especially markets that are scared and imploding. The conservative financial experts I talked with all delivered the same warning. "O'Neill needs to have a serious banker at his side, someone who has done a lot of financial restructurings and bankruptcies," one of them said. "Because that's what is coming."
O'Neill has been relieved of an obvious first challenge--coaxing the Fed chairman into cutting interest rates--because that job was done for him by the frightened financial markets. Falling stock prices and market interest rates, along with plummeting sales and production, delivered a message of terror--the markets' fear that Greenspan was dangerously behind events. He was thus compelled to start cutting rates. Many market players figure it's already too late, however, and Greenspan's wizard status is swiftly evaporating, at least among those who understand what's happening. So Bush's team will begin by blaming Clinton/Gore for the rising unemployment and corporate bankruptcies, while privately nudging Greenspan to keep on easing credit terms. A deep distrust toward Greenspan lingers in the Bush family--a sense that he broke promises and allowed high unemployment to linger much too long after the 1991 recession, effectively dooming George père's re-election campaign in 1992. This time, they will not wait passively on the chairman's wisdom, and Bush Jr. has real leverage he can apply. The seven-member Federal Reserve Board has two vacancies and a third one expected. The White House can surround Greenspan at the boardroom table by appointing friendly critics and even a possible successor.
A recession that comes early in a new President's term--and is over well before he's up for re-election--can wind up as smart political timing, but Bush may lose his Congressional majority in the process. While Ronald Reagan enacted a radical conservative agenda during his first year in office, his popularity sank as the ugly recession worsened; Democrats picked up twenty-seven House seats in the off-year election of 1982. By 1984, however, it was "morning again in America," and the Gipper won in a landslide. If Bush's advisers are as shrewd as they appear, they will push hard for their big ideas up front and, meanwhile, do whatever they must to reverse the economic bloodletting.
The more ominous possibility facing the Bush presidency is that given neglected realities inherited from the Clinton years, this downturn could renew globalized financial crisis in Asia, Latin America or elsewhere. Only this one could not be blamed on "crony capitalism" or other establishment canards. The $360-billion-a-year trade deficit in the United States has kept Japan and many developing countries afloat in recent years, though a long way from genuine recovery. If the United States becomes mired in recession, Americans will buy far fewer imports, and that will reignite financial failures in the exporting nations. Their panic can flow right back into the US financial system, with banks and brokerages demanding another round of IMF bailouts. O'Neill and company may find themselves standing in a circle of bonfires.
The specter of bad times coming does, of course, add momentum for major tax-cutting legislation--a centerpiece in Dubya's campaign--but it's not obvious how Bush's retrograde measure would actually help the economy (40 percent goes to the very wealthy, as that fellow Gore kept reminding us). Some elements, like abolishing the inheritance tax, may even generate drag on economic activity. The Bush team talks like conservative Keynesians, but in the real world, economic stimulus requires steeply progressive tax cuts--putting money in the hands of people who will promptly spend it. That means quick rate cuts or temporary tax credits that skip over the upper brackets for a change and deliver the money to the bottom half of the income ladder. Democrats are wrong-footed by events too. After several years of indulging in Coolidge-Hoover pieties about paying down the national debt, Democrats must scurry now to come up with a progressive--don't say liberal--tax-cutting proposal of their own. Clintonism is over, and they had better shake out the cobwebs quickly, because their choices on who needs tax relief and who doesn't will define them for the 2002 election and beyond.
The essential handicap in using fiscal policy to restart the economy (one that has always burdened Keynesian economics) is the problem of timing. In the best circumstances, it can take six or eight months to enact a major stimulus package, and even if the tax cuts are postdated to January 1, the money arrives too late to stanch the contraction. If Democrats are alert and public-spirited, they will propose a quick, emergency reduction in paycheck deductions with a commitment to support a second, broader tax measure later in the year. They should also call for stand-still protection for those working people drowning in debts who lose their jobs--a temporary safety net that keeps them out of bankruptcy until the economy revives. These and other measures are, of course, way beyond the present imagination of either party. More likely, the tax bill will turn into a special-interest bidding war in which both parties compete to pay back their accumulated obligations to lobbyists and contributors.
The new Republican majority, already frail and dubious, has been taken hostage by these economic portents even before it assumes power. A "normal" recession of brief duration might be manageable. A longer, more profound unwinding will shake the foundations of Republicans and Democrats alike.
As soon as George W. Bush and Dick Cheney take up the reins of government, they'll give a big boost to waging war in and from space. Under their leadership, right-wing advocates of US global dominance and corporations eager for contracts will join forces with a military eager to make space the battleground of the twenty-first century.
Indeed, Star Wars--"missile defense" in current Newspeak--is emerging as a central goal of the new Bush Administration. It is "an essential part of our strategic system," declared Colin Powell upon being named Secretary of State.
"I wrote the Republican Party's foreign policy platform," claimed Bruce Jackson, vice president of corporate strategy and development at Lockheed Martin, the world's largest weapons manufacturer [see William D. Hartung and Michelle Ciarrocca, "Star Wars II," June 19, 2000], which is deeply involved in space military programs. In a recent interview, Jackson said that although he was "the overall chairman of the Foreign Policy Platform Committee" at the Republican convention, he hasn't led the advocacy for the full development of Star Wars because "that would be an implicit conflict of interest with my day job" at Lockheed Martin.
Such advocacy, he said, has fallen to Stephen Hadley, George W. Bush's pick for deputy director of the National Security Council. Hadley, Bush Senior's assistant secretary of defense for international security policy and a member of his National Security Council, is a proud member of the Vulcans, an eight-person foreign policy team formed during the Bush campaign that includes future National Security Council director Condoleezza Rice and Reagan Administration superhawk Richard Perle. The Vulcans named themselves after the Roman god of fire and metallurgy, and for a statue in Rice's hometown, Birmingham, Alabama, commemorating its steelmaking history.
Besides being a Vulcan, Hadley is a partner in Shea & Gardner, the Washington law firm representing Lockheed Martin. Hadley has also worked closely with Bruce Jackson on the Committee to Expand NATO--based in the offices of the right-wing American Enterprise Institute--Jackson as president, Hadley as secretary. The committee sought to enlist Eastern European countries in NATO--which would, of course, build the client base for Lockheed Martin weapons.
"Space is going to be important. It has a great future in the military," Hadley told the Air Force Association Convention in a September 11 speech. Introduced as an "adviser to Governor George W. Bush," Hadley said that Bush's "concern has been that the [Clinton] Administration...doesn't reflect a real commitment to missile defense.... This is an Administration that has delayed on that issue and is not moving as fast as he thinks we could."
To remedy that, Bush has named as Defense Secretary Donald Rumsfeld, whom the Washington Post calls the "leading proponent not only of national missile defenses, but also of U.S. efforts to take control of outer space" [see Michael T. Klare, page 14]. In 1998 Rumsfeld's commission reversed a 1995 finding by the nation's intelligence agencies that the country was not in imminent danger from ballistic missiles acquired by new powers, declaring that "rogue states" did pose such a threat. The answer? Missile defense. Trusted adviser to and financial supporter of the right-wing Center for Security Policy, Rumsfeld has been awarded its Keeper of the Flame prize. On the center's advisory board are such Star Wars promoters as Edward Teller--and Lockheed Martin executives, including Bruce Jackson.
"This so-called election was a victory for putting weapons in space, at enormous cost to world stability and to US taxpayers," declares Bruce Gagnon of the Global Network Against Weapons & Nuclear Power in Space (www.space4peace.org). He points to Bush campaign statements about deploying "quantum leap weapons" and about Los Alamos and Sandia National Laboratories playing a major role in the development of "weapons that will allow America to redefine how wars are fought." Both labs have been deeply involved in space-based lasers, an integral part of Star Wars. In 1998 the Defense Department signed a multimillion-dollar contract for a "Space-Based Laser Readiness Demonstrator" and this past November solicited final comments on development of the program, estimated to cost $20-$30 billion. Lockheed Martin, TRW and Boeing are the contractors. (Lynne Cheney has just resigned from the board of Lockheed Martin. Dick Cheney has been on the board of TRW.)
The military's would-be space warriors, meanwhile, are bullish. The US Space Command's top general, Ralph "Ed" Eberhart, exhorts the Air Force to "be the space warfighters our nation needs today...and will need even more tomorrow." The Air Force command's Almanac 2000 touts "defending America through the control and exploitation of space." The Air Force in the twenty-first century must be "globally dominant--Tomorrow's Air Force will likely dominate the air and space around the world."
The Vulcans, Keepers of the Flame and Lockheed Martin et al. will be cheering them on.
In the end, Linda Chavez undid her own nomination through her disingenuousness. Bush's first nominee as Labor Secretary withdrew after a storm of publicity about her relationship with a Guatemalan woman who was illegally in the United States and doing chores at Chavez's home while living with Chavez and being given money by her.
Chavez apparently broke federal laws in her actions, but if providing a room and money to Marta Mercado had really been a humanitarian act and not a way of getting housework done on the cheap, Chavez might have survived a tough fight. But she was not upfront about her past with members of the Bush transition team, and they essentially abandoned her.
Chavez was right to decry the "politics of personal destruction," which focuses on finding personal shortcomings and minor legal violations to undermine political figures, but she was a hypocrite in the extreme in her invocation of that charge. Few people have engaged in such political blood sport with as much energy as Chavez, who blasted Clinton's 1993 nominee Zoë Baird for having employed an immigrant; who engaged in barely concealed race-baiting and gay-baiting against her 1986 Maryland Senate race opponent, Barbara Mikulski; and who regularly attacked even the most modest and established regulations of the economy, like the minimum wage, as "Marxist."
The real reason that Linda Chavez should have been defeated--or withdrawn, or never nominated--is that she was unfit for the job by virtue of her steadfast and ardent opposition to the laws that she would have been charged with enforcing.
She held various Democratic policy jobs in the early 1970s before taking a job as an assistant to American Federation of Teachers president Albert Shanker in 1977. As part of a small but influential labor network of hawkish Social Democrats, she shared Shanker's opposition to most affirmative action, and she recruited conservatives such as William Bennett, Jeane Kirkpatrick and Robert Bork to write for the teachers' magazine. In the years since, she has continued to fight against affirmative action. But the Labor Secretary is responsible for monitoring affirmative action compliance by federal contractors, who employ about 22 percent of the civilian labor force.
Chavez opposed increasing the minimum wage even when it was at a postwar record low, opposed family and medical leave, derided the issue of sexual harassment in the workplace, opposed measures to eliminate inequitable pay distinctions and endorsed employer discrimination against workers who refuse overtime. And she has attacked efforts of workers, such as doctors, to organize unions.
Chavez tried to cloak herself in humanitarian robes as she withdrew, pulling together personal testimonials of individuals, especially poor immigrants, whom she had helped, but as Labor Secretary, with the policies she advocated, she would have done immense damage to millions of workers, especially poor immigrants, minorities and women. This appears to be the essence of "compassionate conservatism"--handouts for a few individuals, the boot for the vast majority.
Unfortunately, Chavez's departure, however welcome, is only a minor victory. By appointing her, Bush made it clear that his administration will be vigorously antilabor. As unions have strengthened their political operations in the past three election cycles, Republican and conservative efforts to undermine unions have escalated.
Despite the dramatic 1998 failure in California of the "paycheck protection" initiative, which would have required prior written approval of union political expenditures by each member, Vice President-elect Dick Cheney has already signaled that the Bush administration will push for similar federal legislation. There are fears that Bush may either temporarily suspend or even try to overturn new ergonomics regulations for better-designed workplaces, just implemented after a ten-year battle, and that his administration may try to revive the 1996 political fundraising scandal involving former Teamsters leaders as a tool to attack the Democrats and the AFL-CIO, especially secretary-treasurer Richard Trumka. (The presence of two current Teamsters officials on the Bush labor transition team--the only unionists on a list of corporations, trade groups and antilabor law firms--gives weight to these worries.)
Republicans in Congress have also made it clear that they want to overturn current federal regulations requiring overtime pay for more than forty hours of work in a week, to open the door to now-outlawed company-controlled "unions" (through the TEAM Act), to weaken enforcement of workplace health and safety regulations, and to give employers greater latitude in classifying workers as independent contractors, making it easier for employers to abuse and underpay workers, who are in turn denied the right to organize. The latter two initiatives were pet projects of former Missouri Representative James Talent, who was widely mentioned as a possible replacement for Chavez.
It seems, from the names mentioned, that the next Bush choice as Labor Secretary might be easier to get approved by the Senate but will be no more sympathetic to the needs of workers or the legitimate role of unions in American society. The fight over Chavez, which the AFL-CIO was preparing to launch just as she pulled out, is only the beginning of what promises to be intense combat in the years to come.
A new kind of internationalism is challenging neoliberal globalism.
In their campaigns for the White House, the major-party candidates--even the one backed by labor--spent little time debating labor-law reform.
Nevertheless, the AFL-CIO had hoped that a Gore victory and Democratic gains in Congress would lead to strengthening of the National Labor Relations Act (NLRA) or, at least, union-friendly appointments to the National Labor Relations Board (NLRB). Continued Republican control of Congress now eliminates the possibility of the former, while Bush's court-won victory makes the latter highly unlikely. In fact, when our new President gets through filling three vacancies on the NLRB early this year, his appointees will insure that the failure of labor law--a scandal exposed in different ways by former NLRB chairman William Gould in Labored Relations and by lawyer Lance Compa in the recent Human Rights Watch report Unfair Advantage--continues to thwart union organizing for the next four years.
Since the AFL-CIO began putting greater emphasis on membership recruitment in 1995, there have, of course, been important new gains. But some of the most significant victories involved organizing campaigns in which unions used their bargaining or political clout--where they still have it--to secure recognition in new units without using Labor Board certification procedures. For tens of millions of workers in the private sector, bypassing the law is not an option--and, for better or worse, the sixty-five-year-old NLRA continues to shape organizing strategies in many key industries.
Long hailed as the "Magna Carta of American labor," the NLRA (or Wagner Act) is definitely showing signs of age. The act was designed in 1935 to promote collective bargaining as a peaceful alternative to the many violent, Depression-era battles over union recognition. Its New Deal sponsors viewed unionization as a necessary corrective to the "inequality of bargaining power" between individual workers and management. To referee workplace disputes, Congress created the NLRB, which conducts representation elections, awards bargaining rights based on them and investigates "unfair labor practices" by employers that might discourage organizing or prevent workers from negotiating a union contract.
But the limited remedies, light penalties and secret-ballot elections available under the NLRA are meaningful only if its administration is swift and efficient. In few other areas of the law is there greater truth to the axiom that "justice delayed is justice denied." When union votes are stalled for months, union victories tied up in litigation for years, bad-faith bargaining goes unpunished and fired union supporters get reinstated (if at all) long after an organizing campaign has ended, management wins--even if the board ultimately rules otherwise.
The selection of NLRB members--and the agency's influential general counsel--is determined by who controls the White House and what kind of nomination deals are brokered with the Senate. (Functioning at full strength, the board consists of three appointees, including the chairman, from the President's own party and two from the opposition party.) However, as the AFL-CIO argued in its last major campaign for labor-law reform in the late 1970s, unfair-labor-practice victims need more than a sympathetic NLRB majority or efficient functioning by the agency's 2,000 career employees around the country. The law itself must be repaired.
The enormous gap between workers' legal rights on paper and the reality of NLRA enforcement under Democrats and Republicans alike is most effectively documented in Unfair Advantage. Labored Relations also describes how bad substantive decisions, "the creakiness of the NLRA's administrative procedures" and its "lack of effective remedies" have undermined worker organizing and strike activity in recent decades. But the bulk of Gould's memoir is devoted to refighting the personal political battles that occupied him during his four and a half years as a Clinton appointee on the NLRB. Gould's book thus invites comparison with Locked in the Cabinet, Robert Reich's glibly amusing account of his stint as Clinton's Secretary of Labor. Both men assumed their Washington posts--Reich at the Labor Department and Gould at the board--after a career in academia. Even before Clinton nominated Gould in 1993, Reich had tapped him (based on his work as a Stanford University law professor and respected arbitrator) to serve on the Dunlop Commission, a panel of experts convened to recommend labor-law changes.
At the time, Gould had just offered his own ideas on this subject in a book titled Agenda for Reform. In it he called for many of the same corrective measures now advocated by Human Rights Watch: employer recognition of unions based on signed authorization cards rather than contested elections; imposition of first-contract terms by an arbitrator when the parties can't reach agreement by themselves; greater use of injunctive relief to secure quicker reinstatement of workers fired for union activity; a ban on permanent replacement of economic strikers; and heavier financial penalties for labor-law violators.
Needless to say, Senate Republicans weren't too keen on Gould's proposals and kept his nomination to the NLRB dangling for almost a year. In fact, even Reich's labor-law-reform panel--which Gould left prior to being confirmed as NLRB chairman--failed to promote these much-needed changes. Instead, the Dunlop Commission stressed the importance of amending the NLRA so management-dominated "employee participation" schemes could flourish even more widely as an alternative to unions. Repackaged as the Teamwork for Employees and Managers (or TEAM) Act and adopted by Congress after the GOP took over in 1994, this anti-union legislation was ultimately vetoed by Clinton--after frantic labor lobbying.
To survive his contentious confirmation process (and avoid the fate of fellow African-American Lani Guinier, whose nomination to a top Justice Department post was dropped by Clinton when her writings as a law professor were attacked by the right), Gould played up his credentials as a "professional neutral." He proclaimed that his goal in Washington would be "to reduce polarization both at the board and also between labor and management." Equipped with what turned out to be a serious lack of diplomatic skills, Gould might have had an easier time trying to bring peace to the Middle East.
During Gould's tenure, Congressional Republicans sought to cripple the NLRB's operations with budget cuts, harassing oversight hearings and nonstop political sniping. Positive initiatives, like general counsel Fred Feinstein's attempt to get more federal court orders reinstating fired workers while their cases were being litigated, became a lightning rod for conservative criticism. Under these trying circumstances, Gould, Feinstein and pro-labor board members like Sarah Fox and the late Margaret Browning needed to stick together and coordinate their strategy in the face of common adversaries. Gould, however, quickly fell out with his colleagues in a fit of pique over their failure "to accord me stature and defer to my leadership." His "leadership" soon took the form of public feuding with, and criticism of, his fellow Clinton appointees--combined with attention-getting public statements about many of the leading labor-management controversies of the day. Even when he was on the right side of these disputes, his ill-timed interventions had the effect of exacerbating the NLRB's political problems.
In 1998, for example, Gould injected himself into the debate about a state ballot initiative in California that would have required unions to obtain the individual consent of their members before using dues money for political purposes. Gould's statement of opposition to this Republican-backed "paycheck protection" scheme correctly noted that it would "cripple a major source of funding for the Democratic Party." When his testimony was briefly posted on the NLRB's website after being presented to state legislators, it created such a ruckus that even Congressional Democrats generally supportive of labor and the board raised the possibility that Gould should resign to avert further Republican retribution against the agency.
Ironically, Gould's batting average at the board shows that he was not as much a union partisan as his business critics claimed. According to a recent law-review analysis by professor Joan Flynn, Gould's "votes in disputed cases were considerably less predictable than those of his colleagues from management or union-side practice... [they] broke down in a much less lopsided fashion: 159 for the 'union' position and 46 for the 'management' position." In contrast, when Ronald Reagan tried to change the NLRB's alleged pro-union tilt during his Administration, his chairman was a management-side lawyer--Donald Dotson, a figure no less controversial in the 1980s than Gould was in the '90s. Did Dotson pursue Gould's stated goal of "return[ing] the Board to the center to promote balance"? Of course not. Despite equally hostile Congressional oversight by members of the then-Democratic majority, Dotson openly promoted a Right-to-Work Committee agenda, defending management interests just as zealously as he had when he was on the corporate payroll.
Naming Gould to lead the board was, thus, very much an expression of Clinton's own political centrism. Unhappily for labor, Gould's unexpected personal showboating, squabbling with would-be allies and what Flynn calls his "near-genius for irritating Congress" impeded, rather than aided, the administrative tinkering that Clinton appointees were able to do at the board during his tenure. Vain, impolitic and--in the view of some critics--hopelessly naïve, Gould often did as much harm as good. In this respect, he was not unlike the Dunlop Commission, in that Reich's vehicle for building a political consensus on labor-law reform instead fed right-wing attempts to weaken the NLRA.
Gould's defense of his record seems designed to avoid the kind of flak that Reich received over his memoir's fanciful reconstruction of private and even public exchanges with various Washington notables. Labored Relations quotes extensively from the author's minutiae-filled daily journal, leaving the impression that no such literary license has been employed. Unfortunately, Gould lacks Reich's self-deprecatory humor and acute sense of irony. The author's tedious recitation of his speaking dates, telephone calls, case conferences, lunch and dinner conversations, etc., will be a hard slog for anyone but specialists in the field or ex-colleagues searching for critical comments about themselves (of which there are many).
Outside the Beltway and the "labor bar," settling old scores about who did what to whom as part of the "Clinton Board" is much less a preoccupation than the difficulty of defending workers' rights under any administration. Unfair Advantage does a much better job of keeping this big picture in focus, in particular by documenting the rising toll of workers fired for what, in board jargon, is called "protected concerted activity." In the 1950s, author Lance Compa reports, "workers who suffered reprisals for exercising the right to freedom of association numbered in the hundreds each year. In the 1960s, the number climbed into the thousands, reaching slightly over 6,000 in 1969. By the 1990s, more than 20,000 workers each year were victims of discrimination for union activity--23,580 in 1998, the most recent year for which figures are available."
The "right to freedom of association" is, of course, enshrined in international human rights standards that the United States nominally supports and often seeks to apply to other nations. Compa, a former organizer for the United Electrical Workers who now teaches international labor law at Cornell, exposes the hypocrisy of this official stance in light of persistent NLRB enforcement problems and the structural defects of the NLRA itself. In this Human Rights Watch report, he concludes that "provisions of U.S. law openly conflict with international norms...of freedom of association."
Millions of workers, including farm workers, household domestic workers and low-level supervisors, are expressly barred from the law's protection of the right to organize. American law allows employers to replace permanently workers who exercise the right to strike, effectively nullifying that right. New forms of employment relationships have created millions of part-time, temporary, sub-contracted and otherwise "atypical" or "contingent" workers whose freedom of association is frustrated by the law's failure to adapt to changes in the economy.
The problem with Compa's sweeping indictment of the status quo is that it contains no strategy for change--other than elevating the debate about what should be done from the lowly sphere of labor-management relations to the higher moral plane of international human rights norms. At the local level, Jobs with Justice coalitions and some AFL-CIO central labor councils around the country are actually trying to build a long-term grassroots campaign to promote greater public support for the right to organize. Not unlike that of Human Rights Watch, their target audience is the same elements of academia, the arts, churches and the liberal middle class that have long displayed admirable concern about human rights violations abroad or discrimination against women, gays and minorities at home.
Public officials, university professors, the clergy, civil rights leaders and neighborhood activists are now being encouraged to intervene in organizing situations to help neutralize illegal management resistance to unionization. Workers' rights activists will find plenty of new ammunition in Unfair Advantage, and even some that's buried in Labored Relations. Hopefully, their community-based efforts will create an improved climate for organizing--in some parts of the country at least--and put NLRA reform back on the national political agenda of labor's putative allies in the Democratic Party. Yet while having a Democrat in the White House may prove a necessary condition for reform initiatives, it's hardly sufficient--as the Clinton era just proved. Workers who try to form unions will continue to be at risk until Americans elect both a Congress and a President willing to do more than just tinker with our tattered protection of the right to organize.
After three years of diplomatic fatigue, the United States put delegates from 170 countries out of their misery at the latest round of climate talks at The Hague in November by scuttling the negotiations and, in the process, thumbing its nose at nature as well as at the rest of the world. The good news is that the collapse of the global warming talks may set the stage for a truly transformative initiative to pacify the inflamed climate and, at the same time, dramatically expand the global economy.
The world's glaciers are melting, the oceans are heating up, tropical diseases are migrating north and the weather is becoming increasingly destructive. All that is the result of a l-degree increase in temperature over the past century. By contrast, the world will warm by up to 11 degrees this century, according to the United Nations' Intergovernmental Panel on Climate Change.
The United States killed the Hague negotiations by insisting on meeting its Kyoto goal (reductions of greenhouse gas emissions, primarily coal and oil, to 7 percent below 1990 levels) simply by planting trees and buying cheap emissions credits from poor countries. But the escalating pace of climate change makes it clear that a reliance on carbon-trading and tree-planting is nothing more than an expression of institutional denial of the magnitude of the problem. The EU, frustrated by US foot-dragging, refused to cave, demanding that Washington meet at least half its obligation through real domestic reductions in oil and coal burning. The result was a diplomatic meltdown.
Abandoning the minimalist goals of the Kyoto Protocol, many European nations are now taking their cues from science: The climate crisis requires 70 percent cuts in a very short time if civilization is to avoid the catastrophic effects of global warming. Britain, which in November suffered its worst flooding in centuries, will cut emissions 60 percent in the next fifty years. Holland, faced with a devastating sea-level rise, will cut emissions 80 percent over the next forty years. Germany is contemplating 50 percent cuts.
The US obstructionism also ignores a recent sea change in attitudes among Congressional Republicans, corporate leaders and multinational oil companies. Three years ago, Nebraska's Senator Chuck Hagel co-sponsored a resolution not to ratify the Kyoto Protocol. Today Hagel concedes the science of global warming. Last year, Indiana's Richard Lugar and James Woolsey, former head of the CIA, called for the United States to begin reducing coal and oil use by substituting energy from agricultural wastes.
Oil companies, with the exception of ExxonMobil, are similarly moving to confront the crisis. Shell has created a new, $500 million core company for renewable energy. Its director was recently appointed to head a new G-8 task force on clean energy. Texaco is putting serious resources into renewables. British Petroleum, with major solar investments, now advertises that BP stands for "Beyond Petroleum." In the auto industry, William Clay Ford recently declared an end to "the 100-year reign of the internal combustion engine." That declaration follows Ford's participation in a $1 billion joint venture with Daimler-Chrysler and Mazda to bring fuel-cell-powered cars to market in three years. (These initiatives are partly "greenwashing," aimed at pacifying environmentalists, but they also reflect preparations by oil and auto companies to maintain their role as prominent players in a new energy economy.) Most striking, at the World Economic Forum in Davos at the end of January, the CEOs of the 1,000 largest corporations voted climate change the most urgent issue facing humanity today.
What growing numbers of corporate leaders understand is that a global transition to clean energy would create millions of jobs, especially in poor countries. It would transform dependent, impoverished countries into robust trade partners, substantially expanding global markets. It would make the renewable industry a central engine of economic growth.
Ironically, the corporate powers behind the Bush administration may prove more alert to the wealth-creation potential of an energy transition than Gore. While Christie Whitman, expected to be the new EPA administrator, didn't know the difference between ozone depletion and global warming (and questioned the science behind both), Paul O'Neill, the new Treasury Secretary, has expressed serious concerns about the climate--and even, at one point, pushed for a carbon tax on oil to reduce emissions.
In May, when the parties to the climate talks reconvene, they should consider three interactive strategies:
§ Subsidy switches. The United States currently spends around $20 billion a year in direct subsidies of fossil fuels. If that money were put into renewable technologies (as well as into retraining displaced coal miners) it would provide incentives for the big oil companies to aggressively develop and market fuel cells, wind farms and solar systems.
§ A progressive fossil fuel efficiency standard. The parties should scrap international "emissions trading" and instead adopt a standard under which every country would begin at its current baseline to improve its fossil fuel efficiency by a specified amount every year until the 70 percent reduction is attained. By drawing progressively more of their energy from noncarbon sources, countries would create mass markets that would make these sources as cheap as coal and oil.
§ Creation of a large technology-transfer fund. The nations of the world should consider a tax on international currency transactions to fund the transfer of clean energy to developing countries. A tax of a quarter-penny per dollar on those transactions--which total $1.5 trillion per day--would help stabilize capital flows as well as net about $300 billion a year for wind farms in India, fuel-cell factories in South Africa and solar assemblies in El Salvador.
These measures would be far easier to negotiate, monitor and enforce. More important, they would represent a scale of response appropriate to the magnitude of the climate crisis that threatens the continuity of our organized civilization.