Bush has been appearing at a number of events with union workers-- from
announcing tariffs on imported steel to supposedly protect steel jobs to
promising oil drilling jobs in the Arctic National Wildlife Refuge (ANWR) to
Teamsters. Does this mean that Bush's "compassionate conservatism" includes a
pro-union component?
Hardly.
Despite all the media fuss over Teamsters and some building trades support
for ANWR drilling, the media has largely ignored the opposition to Bush's energy
policy by major unions ranging from the Service Employees International Union to
the Communication Workers of America. As for steel tariffs, Bush's policy
ignored a key demand of the Steelworkers union: guaranteeing the health care and
pensions of workers threatened by the bankruptcy of their previous employers.
But then, promoting corporate bailouts while ignoring direct help for workers
has been Bush's policy from day one of his administration. When airlines were
bailed out after the September 11th attacks, none of the $15 billion
in money went to help the workers laid off by the airlines. Worse, both before
and after the attacks, the administration intervened to block strikes at
Northwest, Delta and United Airlines to prevent workers from demanding fair
treatment by the airlines.
Bush may be trying to clothe his anti-worker actions by cutting a few deals
with folks like Jimmy Hoffa, Jr. at the Teamsters union, but even many top
Teamster officials aren't buying it. Chuck Mack, the Teamsters Vice President
for the Western Region, has called Bush's labor policy "a nightmare for
workers." The AFL-CIO Building Trades Department labeled Bush's policies
"nothing short of a declaration of war on construction workers." And these are
supposedly the unions closest to the administration.
It's not hard to see why the attacks on Bush are so scathing, since beneath
his rhetoric, he has mounted an attack on unions and workers rights on a
sweeping scale. Topping the anti-worker agenda of the Bush administration, of
course, was its 2001 tax cut for the wealthy last year, which aside from paying
back his campaign contributors, was designed to bankrupt the government and
prevent new spending for national health insurance, day care or any other
initiatives to assist working families. But the anti-worker agenda is shown in a
wide range of other initiatives and appointments Bush has made. Here is just a
partial review since his taking office.
In his first days in office, Bush issued four executive orders to directly
undermine labor organizing
- Ending Project Labor Agreements: The first order (found illegal by the
courts later in the year) sought to bar what are known as project labor
agreements on all federally funded construction projects, agreements that
encourage union contracts and labor peace that been regularly used since the
1940s.
- Ending Rights When Federal Contractors Change: The second revoked a
rule designed to reduce turnover in low-wage jobs which had required federal
contractors to rehire displaced workers when the government changed
contractors.
- Abolishing Labor-Management Systems: The third order abolished
employee participation systems in the federal government that had given
employees a voice and led to numerous cost-savings measures benefiting all
taxpayers.
- Undermining Union Dues: The fourth (also struck down by courts as
illegal) required government contractors to post notices highlighting ways for
workers to object to union dues, while not requiring the posting of any other
workers rights to organize or join unions.
Bush followed these orders with a "review" and termination of a number of
Clinton-era regulations. These included:
- Ergonomics Regulations: Bush signed off on the GOP's repeal of
regulations designed to prevent injuries from repetitive motion and compensate
the victims of on-the-job injuries. The administration has yet to issue
replacement regulations and have announced they will favor "voluntary"
measures by businesses that have contributed millions of dollars to the GOP to
preserve the status quo.
- Contracts for Corporate Criminals: The Bush administration repealed
"responsible contractor" rules that would have denied billions of dollars in
government contracts to chronic corporate violators of our environmental,
labor and safety laws.
- Black Lung Regulations: Bush's administration attorneys persuaded a
federal judge to suspend new black lung regulations that went into effect on
January 19, 2001 that would helped streamline claims by dying miners in
claiming benefits from the mining industry.
Bush has also loaded up his administration with a range of rightwing
anti-union officials who have pledged to rollback day-to-day enforcement of
workers' rights:
Labor Department Secretary: After the firestorm of protest over his
initial choice of Linda Chavez as Labor Secretary, Bush's second choice was
Elaine Chao, a policy analyst from the conservative Heritage Foundation think
tank, where she had attacked affirmative action programs and minimum wage laws
as undermining "free enterprise." Under her leadership, the department has
pledged that it would emphasize "compliance assistance" for companies, rather
than actual enforcement of workplace laws.
Occupational Safety and Health Administration: Similarly, Bush's OSHA
chief John Henshaw has announced a focus on compliance and "voluntary" programs
and using enforcement only to stop "the worst law breakers."
Labor Department Solicitor: Facing a firestorm of opposition, Bush
used a recess appointment to bypass the Senate to make anti-worker lawyer Eugene
Scalia (son of the Supreme Court Justice) the top lawyer for the Labor
Department. Scalia has campaigned against ergonomics rules as "junk science" and
in a 10-year career as a labor lawyer, he represented only two workers amidst a
practice of fighting for large corporations against workers rights.
National Labor Relations Board: Again bypassing the Senate, Bush made two
recent recess appointments to the five-member NLRB, Michael Bartlett and William
Cowen. Barlett previously headed labor policy at the Chamber of Commerce, while
Cowen was founder of a notoriously anti-union labor firm. With a new majority of
GOP appointees, we can soon expect serious reversals of pro-union precedents by
the NLRB.
Justice Department: John Ashcroft's anti-civil liberties policies have
gotten the headlines, but he has also taken advantage of the post-Sept
11th crisis to terminate union representation and collective
bargaining agreements in several Justice Department agencies in the name of
"national security."
All of this has been done largely without any new legislation, but if the GOP
can retake control of the Senate this fall, Bush will no doubt continue this
record with a whole new raft of anti-union legislation.
Bush may be using a few select union leaders as props for photo opportunities
as the camera bulbs flash brightly, but his policies are increasingly leaving
workers rights in the dark
Nathan Newman is a labor lawyer and longtime community activist, a
national vice president of the National Lawyers Guild and author of the
forthcoming book Net Loss on Internet policy and economic inequality. Email
nathan@newman.org or see www.nathannewman.org
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