Linda Chavez's withdrawal as George W. Bush's nominee for Labor Secretary after mounting evidence that she violated the law by employing an illegal immigrant and then tried to hide the fact should embolden Democrats to mount vigorous challenges to Bush's other Cabinet nominees.
The most dangerous lesson that can be taken from the Chavez fiasco (see David Moberg, page 12) is the theory that Bush's Cabinet picks can be blocked only if they have failed to keep their personal affairs in order. Where does such a calculation leave a John Ashcroft, Bush's archconservative choice for Attorney General? By all accounts, Ashcroft behaved like a gentleman while a member of the exclusive club that is the US Senate. Even some progressive Democrats, like Russ Feingold and Paul Wellstone, have expressed personal regard for their former colleague and intimated that their experience could influence them to approve his nomination.
But the fact that Ashcroft or Gale Norton or Ann Veneman might be good company is not sufficient qualification for Senate approval. Policies ought to matter more than personalities. In the administration of a President who appears to lack interest in the details of governing, Cabinet secretaries will wield immense power and could vigorously push right-wing policies that the overwhelming majority of Americans oppose.
The Constitution does not require senators to rubber-stamp the Cabinet nominations of Presidents elected under normal circumstances, let alone those who are to be sworn in under a cloud of illegitimacy. Senators, especially Democratic senators who claim to stand in principled opposition to Bush's policies, have a responsibility to assure that positions of public trust are not filled by a wrecking crew bent on destroying government's ability to do good for any but the wealthiest Republicans. They must not shirk that responsibility.
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.
When W. gave the nod to New Jersey Governor Christie Todd Whitman for the top EPA spot in his administration, the tone-deaf national press corps praised the appointment of a "moderate" (largely on the basis of Whitman's inconstant pro-choice positions). A little digging would have revealed that Whitman has been an unmitigated disaster for New Jersey's environmental protection. Under her governance, fines of air and water polluters have plummeted 70 percent. Indeed, after her nomination the head of the Chemical Industry Council of New Jersey praised her to the Newark Star-Ledger for having restored "balance" to the state's enviro policies after the aggressively antipolluter measures taken by her Democratic predecessor, Jim Florio.
Thanks to Whitman's evisceration of state enviro regs as well as a raft of subsidies and tax cuts to developers, suburban sprawl gobbled up more open space and verdant land during her tenure than at any other period in New Jersey's history. Moreover, she decapitated the state Department of Environmental Protection staff by 738 employees in her first three years in office, cut the remaining staff's workweek by five hours, eliminated fines of polluters as a source of DEP revenue and made large cuts in the DEP's budget. That's why the New Jersey Sierra Club's Bill Wolfe has warned that Whitman might "dismantle [federal] EPA and take it out of the enforcement business. I believe that this is precisely the policy Whitman has presided over and legitimized in New Jersey." One mechanism was the Office of Dispute Resolution, which she established to mediate conflicts over environmental issues (usually resolved in favor of business). She also installed an Office of Business Ombudsman under the Secretary of State (the Star-Ledger labeled it "essentially a business lobby") to further grease the wheels of the bureaucracy for polluters and developers, and to act as a counterweight to the DEP.
If Senate Democrats want to take a serious look at Whitman's record in the Garden State, they should start with "Open for Business," a three-part exposé by the Bergen County Record in 1996. After a ten-month investigation, The Record detailed dozens of cases in which Whitman's corporate-coddling policies had circumvented laws designed to protect the environment. Often, those getting favored treatment were big campaign contributors, like Finn Caspersen, then chairman of Beneficial, at the time the nation's largest independent consumer-loan company. The firm got more than $182 million in taxpayer subsidies in the form of road construction designed to ease traffic around its lavish office complex in Peapack--improvements that increased the value of an open 700-acre tract that Beneficial owned nearby. While all this was going on, Caspersen, his family and their political action committee gave the state GOP $143,250.
A more recent example: For the past three years, Roche Vitamin, a manufacturing plant in Belvidere, has been "belching out 300 tons of methanol annually--at least 10 times the rate state permits allow," according to the Star-Ledger. And Clinton's EPA has been fighting Whitman's proposals to further dilute state regs controlling water pollution and coastal development, which would sanction gigantic increases in pollution and hand over environmentally sensitive lands to rapacious developers. No wonder The Weekly Standard's David Brooks praised Whitman's nomination (and that of her anti-enviro counterpart proposed for Interior, Gale Norton) as reflecting the Bush Administration's "corporate mentality."
Whether the Dems have the stomach for a real fight against Whitman is an open question--her nomination has already been endorsed by her state's influential senior Democratic senator, Robert Torricelli. (Says a knowledgeable state Dem: "This is The Torch's way of paying back [Woodbridge mayor] Jim McGreevey," whose aggressive politicking in the gubernatorial race caused Torricelli to abort his plans to run this fall. "With Christie at EPA, McGreevey's GOP opponent, State Senate president Donald DiFrancesco, becomes acting governor and gets a big advantage.") Whitman and The Torch also get campaign cash from many of the same corporate polluters, and such bipartisan influence-buyers are likely to go all out in lobbying Senate Dems on Whitman's behalf.
The surprise selection of Donald Rumsfeld as Defense Secretary provides a clear signal of President-elect George W. Bush's intent to transform radically the military policy of the United States. Of all the candidates considered for this position, Rumsfeld is the most ardent advocate of ballistic-missile defense and a tougher stance toward Russia and China. A longtime Republican activist with markedly conservative views, Rumsfeld is also known for his opposition to all arms-control measures and for favoring the deployment of weapons in space.
Along with other members of Bush's national security team--Vice President Dick Cheney, Secretary of State Colin Powell and National Security Adviser Condoleezza Rice--Rumsfeld can be expected to push hard for the establishment of a full-scale National Missile Defense system. In 1998 he authored a report on ballistic missile threats that ignited the Republicans' current drive for a national missile shield. Now, as Defense Secretary, he will be in a strong position to lead the charge for NMD.
But while NMD deployment will be Rumsfeld's top priority, it is by no means his only major objective. With the blessing of President-elect Bush, Rumsfeld will campaign for a wide range of policy shifts. These will include a greater emphasis on warfare in space, the accelerated procurement of high-tech weapons and a diminished commitment to UN peacekeeping operations. It all looks depressingly like the cold war era, when "national security" meant distrust of all other states and the pursuit of ever more potent weapons.
Rumsfeld's service to Republican Presidents (and presidential hopefuls) goes back to the Nixon Administration, when he became director of the Office of Economic Opportunity after several terms in Congress. While at the OEO, Rumsfeld impressed the White House staff with his managerial skills, and in 1970 he was made counselor to the President. (It was at this time that Rumsfeld developed close ties with Cheney, who had served as his special assistant at the OEO.)
Fortunately for Rumsfeld, Nixon appointed him ambassador to NATO in 1972, thus sparing him from possible association with the Watergate scandal. When Nixon was forced to abandon the presidency, Rumsfeld was brought back to Washington by the new President, Gerald Ford, to serve first as White House Chief of Staff and later as Defense Secretary. Although not remembered for any major innovations during his fourteen months at the Pentagon (late 1975 to early 1977), Rumsfeld shielded the military from any major penalties following its defeat in Vietnam and laid the groundwork for procurement of a wide range of new weapons systems, including the B-1 bomber and M-X missile.
Following the election of Jimmy Carter, Rumsfeld left Washington for the private sector. From 1977 to 1985 he served as chief executive officer and then president of G.D. Searle, a major pharmaceutical corporation later acquired by Monsanto. Several years later, he took control of another large company, the General Instrument Corporation. As at Searle, he slashed costs (mainly by eliminating staff) and boosted profits, giving him a reputation as a skilled, tough-minded corporate manager.
During his years in the private sector, Rumsfeld retained his links to the military establishment (serving for a time as chairman of the RAND Corporation, a prominent military think tank) while developing new ties with conservative figures in the corporate world. Among his close confidants is Theodore Forstmann, a corporate buyout specialist who owned Gulfstream Aerospace (in 1999 he sold it to General Dynamics for $4.8 billion) and managed the buyout of General Instrument, giving Rumsfeld a paper profit of $11 million. Forstmann is also the major figure behind Empower America, a political advocacy outfit boasting many prominent Republicans (Rumsfeld among them) on its board of directors. Described by the New York Times as "a home for Washington's conservative elite," Empower America has campaigned for big tax cuts, space defenses and school vouchers.
Urged no doubt by his conservative buddies, Rumsfeld agreed in September 1996 to take over management of Bob Dole's failing presidential campaign. Although he was unable to secure victory at the polls, Rumsfeld did breathe some life into the campaign by persuading Dole to promise mammoth tax cuts and to adopt a tougher stance on military policy. Under prodding from Rumsfeld, Dole lashed out against President Clinton on his handling of the Iraq situation and called for the deployment of a national missile shield by the year 2003. In this sense, Rumsfeld laid the foundation for George W. Bush's 2000 campaign against Vice President Al Gore.
After the 1996 election, Rumsfeld returned to the corporate world--he took over Gilead Sciences, a biotechnology firm, and sat on the board of several corporations (including Asea Brown Boveri, a giant European electrical firm, and the Tribune Company)--while continuing his support for right-wing military causes. Especially significant was his close association with the Center for Security Policy, a think tank established by former Reagan Administration official Frank Gaffney Jr. to campaign for the deployment of "Star Wars" defenses.
Having gained renewed stature among the Republicans in Congress for his hard-line views, Rumsfeld was selected in 1998 to chair the Commission to Assess the Ballistic Missile Threat to the United States. Composed of six Republicans and three Democrats, the Rumsfeld Commission (as it came to be called) examined classified intelligence data on the ballistic missile programs of Iran, Iraq and North Korea in order to calculate their future capacity to attack the United States. By employing worst-case reasoning to the often contradictory data on these countries' military capabilities, the commission concluded that one or another of the "rogue states" could deploy missiles capable of striking the United States in as little as five years--half the time predicted by the CIA.
Although these findings were challenged by Director of Central Intelligence George Tenet and prominent figures in the arms-control community, the Rumsfeld commission's report was seized upon by Republican activists as incontrovertible evidence that the United States must proceed rapidly with the development of a full-scale missile defense system. This is the "most important warning about our national security system since the end of the cold war," House Speaker Newt Gingrich asserted at the time.
Fearful of being portrayed by Congressional Republicans as ignoring a major threat to US security, President Clinton agreed in early 1999 to proceed with development of a limited NMD system--one aimed at protecting the Western United States against a hypothetical North Korean missile attack--while putting off a decision on actual deployment. But this did little to satisfy the hawks on Capitol Hill, who sought to develop a much more robust system covering the entire nation. At Rumsfeld's urging, moreover, Bush made this a central theme of his campaign.
While a candidate, Governor Bush articulated other themes originally crafted by Rumsfeld during the Dole campaign of 1996. These include a promise to get tougher on Saddam Hussein and other "rogue state" leaders, to pursue the development of new high-tech weaponry and to abjure involvement in UN-sponsored peacekeeping missions. Together, these themes came to represent the skeleton of a new approach to national security--one that favors protection of the United States and its overseas assets rather than, say, the construction of a stable world order or the enforcement of international law.
Throughout the campaign, Bush declared his intention to undertake a sweeping transformation of US military policy. At the very least, this would entail the development and procurement of new high-tech weapons and a greater emphasis on war in space. But more than this, it would involve a shift in the very orientation of US strategy. "Our military requires more than good treatment," he declared at the Citadel in September 1999. "It needs the rallying point of a defining mission."
Although unclear on the details, Bush sketched out the broad outlines of this new mission. In place of the "vague, aimless and endless deployments" of the Clinton era (read: Bosnia, Haiti, Somalia, Kosovo), US military power would henceforth be reserved for more pressing objectives--to protect US national interests around the world and to defeat any power that might be so foolhardy as to threaten these key interests. More emphasis will also be placed on "homeland defense," meaning the protection of the United States from missile attack and other hypothetical threats from rogue states and terrorists.
In announcing Rumsfeld's selection as Defense Secretary, Bush made it clear that he expects his top military official to carry out this strategic transformation. "We must work to change our military to meet the threats of a new century," Bush declared on December 28. "And so one of Secretary Rumsfeld's first tasks will be to challenge the status quo within the Pentagon, to develop a strategy necessary to have a force equipped for warfare of the twenty-first century."
In his response to Bush, Rumsfeld indicated that he has every intention of conducting a major overhaul of military policy. "It is clearly not a time at the Pentagon for presiding or calibrating modestly. Rather, we are in a new national security environment. We do need to be arranged to deal with the new threats, not the old ones."
It is still too early, of course, to calculate all the consequences of this shift in outlook. Many of the initiatives favored by Bush--the development of high-tech weapons, the acceleration of research on ballistic missile defenses--have already been undertaken by the Clinton Administration. But there is no doubt that Bush and Rumsfeld will push much harder for deployment of a national missile shield and for the deployment of weapons in space. They are also likely to abandon the ABM treaty, which prohibits missile defenses of the sort they favor.
In pursuing these policies, the new administration will inevitably inflame US relations with Russia and China, thereby precluding any further progress on arms control. It is very likely, in fact, that Russia and China will respond to US initiatives by expanding their own nuclear arsenals and by forging a closer military relationship. Relations with China will become particularly tense, especially if--as is expected--Bush approves the delivery of new warships and antimissile weapons to Taiwan. The result will be a more unstable and polarized environment, producing exactly the sort of world in which the Republican's instinctive preference for cold war-like policies will find a natural outlet.
The pursuit of missile defense and the abrogation of the ABM treaty will also alienate many US allies, most of whom oppose NMD. One likely result is the further development of an autonomous European military posture, with all that this entails. And, of course, we can expect diminished US support for the UN. Where all this leads is anybody's guess, but it is hard to believe that the final outcome will be a more peaceful world.
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.
This Racicot seemed like Bush's sort of guy:
Pro-life, he thought that killers ought to fry.
Though right-wing to the core in many ways,
He was, the Christian right said, soft on gays.
They told Bush that he ought to give the nod
To Ashcroft, who believes he speaks for God.
"OK," said Bush. Though not perhaps so glad, he
Bowed quickly to the wackos, like his daddy--
Yes, like the Bush to whom we bid adieu.
We now know what we have here: Lapdog II.
It was one of those odd little paragraphs that leap out at you, so filled with unexpected images it was. "What would Al Sharpton do if Bush calls him?" inquired Peter Noel in a recent issue of the Village Voice. Sharpton's reply was pure deadpan: "I would not meet with Bush alone.... There has to be an agenda that the black collective agrees with. Clearly, I'm not looking to be part of the Bush administration."
It was inspiring to know that Al Sharpton had seriously thought about what to do if Bush should call him. It was inspiring because I figure there's at least as much chance of Bush calling me as Sharpton. So if the press is interviewing him about such prospects, then I should be prepared.
First of all, the Bush team needs me. I don't know how to say this gently, because I know how hard they tried, but most of us in the black community agree that Sister Condoleezza and Brother Colin do not a rainbow coalition make. And since John Ashcroft is backed by the Christian Coalition and Bob Jones University, I know that Bush knows that the fair and unifying thing to do now would be to make a radical lefty critical race theorist like me the head of the civil rights division. Yes, me--the frizzy-haired feminist alternative to Al Sharpton. I offer myself up as Bush's own personal Lani Guinier.
Since we're looking ahead here, I must confess that, like Sharpton, I wouldn't meet with Bush alone. Not that I worry about becoming the next Monica Lewinsky or anything, but all in all, I'd want witnesses. The kind of witnesses I'll bet Donald Rumsfeld wishes he had to explain those tapes in the National Archives. The ones in which he agrees with Nixon that African blacks are "just out of the trees." Rumsfeld, who's heard saying, "That's right," "I know" and "That's for sure," now has no better excuse to fall back upon except that he was "acknowledging," not agreeing with, Nixon.
But with me, a Bush White House would never have to worry about such embarrassing moments, because on each and every tape for posterity you'd hear me, loud and clear, exclaiming, "Say what?" and "You've got to be kidding!" You'd hear me reciting the Emancipation Proclamation, telling people about the Reconstruction Amendments, chanting passages from international conventions against the death penalty and pointing out Greece on the map.
What of my broader political agenda, you may well ask. Unlike Al Sharpton, I'm not ambitious enough to come up with something with which a presumed "black collective" might entirely agree. Nevertheless, since I was among the 92 percent of blacks who collectively voted Democratic, I'm confident that I'll be a lot closer to that goal than Republican "civil rights activists" like Abigail Thernstrom.
Like Laura Bush, I'm also a great believer in literacy. So when Lynne Cheney rises up to decry the decadent state of the arts in America, I'll help out by making sure the National Archives has plenty of copies of that lusty lesbian love story she published before Dick gave her what must have been a really, really good spanking. When librarians ban Harry Potter for promoting witchcraft, I'll be sure to suggest that they try replacing it with the 1853 edition of The Very Hungry Caterpillar--that children's book Bush says he so enjoyed reading as a child, but that some bitter liberals insist wasn't published until the year he graduated from college.
When John Ashcroft waxes nostalgic about the good old days of the Confederacy when "the races" lived together in honeyed harmony, I'll help set up the Sally Hemings Memorial Genealogical Resource Center so that all of us black folk who were so much happier then can find our way back to our beloved masters. I sincerely look forward to homesteading my own little cabin-in-the-garage, listening to the chilluns tell the neighbors how like family we all are. If the Missus wants to give me a little pocket money, and if I freely choose to do a few small chores like plowing the back forty, then isn't that precisely the utopian arrangement that former Labor Secretary-designate Linda Chavez, referring to the hospitality she bestowed upon a former slave of her own, described as "an act of charity and compassion"? Indeed, I foresee a mass migration of freedom-weary blacks streaming back to Tara to live with our good white cousins who have been waiting all these years for us to see that home is where the DNA says it is.
Moreover, when failed nominee Chavez continues to attack labor unions for interfering with such good intentions from her post at the Center for Equal Opportunity, I will see to it that she becomes a global role model of free enterprise, and on prime time. I'm pretty sure I could interest Fox in a program called Survivor Too. I see Ms. Chavez and the entire cast of characters of her think tank being transported to a remote tenement building in South Central Los Angeles. There they would have to learn to catch and broil rats, thatch their own roofs, find an open gas station when the toilets overflow and commute to their jobs in Washington, DC, by public transportation. To make it interesting, I suppose we could jack up the stakes with a Wolof-only language requirement. Each week, we the American public would be allowed to call in our votes and kick one resident out onto the street, where, dressed only in skimpy rat-skin jerkins, they would be consigned to begging for food on the mean streets of the financial district. If Chavez gets to Washington within one year of Inauguration Day, she gets that Cabinet post after all.
Finally, when Tommy Thompson succeeds in getting a federal ban on abortion and does away with welfare as we know it, I pledge to resurrect Jonathan Swift's modest proposal that the nation's Truly Deserving Rich round out their diets by dining on the plump babies of the Truly Undeserving Poor.
A baby in every pot, a contented ex-slave in every garage. I sit by the phone, waiting to serve.
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.
Mandate or no, George W. Bush is forging ahead with Cabinet appointments, policy forums and talk of a "first 100 days." Bush and his team have assembled a Cabinet faster than any administration since Richard Nixon's, and before Bush takes the oath of office on January 20 they'll have laid the groundwork for passage of an agenda that closely resembles the worst-case scenario painted by Bush critics during the 2000 campaign.
Bush's appointments to the EPA, Interior and Energy look ready to lead a furious offensive against environmental regulation and common sense. His appointments to Labor and Justice promise an assault on choice, civil rights and worker rights. His heralded national security team looks resolutely backward to a cold war that isn't, and seems oblivious to the world as it is. No wonder the Reagan cinematic fantasy--Star Wars, missile defense--is paraded as an early priority.
Post-mortems and recriminations must now give way to action, beginning with a flood of e-mails, telegrams and letters of protest to the Capitol Hill offices not just of Republicans but of wavering Democrats who have the power to brake the Bush bandwagon. This is no time for bipartisan blather. "Those who are with the civil rights agenda must not choose collegiality over civil rights and social justice," says the Rev. Jesse Jackson.
Democratic members of Congress need to know that they cannot expect the core of their party--women, minorities, workers--to turn out on Election Day only to have their interests abandoned the day after, and that those who surrender in this fight will not be forgotten and not be forgiven. We must make it clear that we are not prepared to refight the battles of the last decades on basic human rights. We are not prepared to surrender to another era of race-bait politics, or to send poor women back to the alleys for abortions, or to lay waste our environment in the interest of big oil.
The frontline troops of this movement are already mobilizing. Civil rights groups and others will take to the streets of Washington starting on January 15, Martin Luther King Day, and continuing through the Inauguration; they will raise necessary questions about the legitimacy of Bush's election and press for voting reforms that guarantee more representative results in the future. The AFL-CIO has pledged to oppose archconservative John Ashcroft's nomination for Attorney General, as have People for the American Way and the Black Leadership Forum (see comments on Ashcroft on pages 4 and 5). Planned Parenthood and the National Abortion and Reproductive Rights Action League have joined that challenge while also promising to oppose Health and Human Services Department nominee Tommy Thompson, who presided over a severe curtailment of access to reproductive rights as governor of Wisconsin.
But the real work must go on at the grassroots--starting now and continuing up to and including the 2002 elections. (For more information on protests and ways to get involved, go to Counter-Inaugural Calendar at www.thenation.com). It is only by exerting constant upward pressure that we can explode the myth of bipartisanship and prevent the Bush presidency from rolling over the will of the great majority of Americans.
Congress cannot salute Dr. King's dream and then go on to pass the dream-busting Bush agenda. Beginning with the Bush nominations, every lawmaker on Capitol Hill must be challenged to stand up, as Dr. King did, for justice.
Who are George Bush's bipartisan Democrats?