Richard Kirsch

Roosevelt Institute Senior Fellow

Recent Posts by Richard Kirsch

  • A Dem Who Can Explain that Fairness is Prosperity Will Sweep in 2016

    Nov 19, 2014Richard Kirsch

    The policies that will deliver economic growth also center fairness, and that's what Democrats need to emphasize to keep the presidency in 2016.

    The policies that will deliver economic growth also center fairness, and that's what Democrats need to emphasize to keep the presidency in 2016.

    The familiar debate within the Democratic Party – move left or right – is on. In a memo to a “limited number of Democratic leaders,” Third Way, the leading organization for corporate Democrats, lays down the gauntlet: “Democrats are offering economic fairness, but voters want economic growth and prosperity.” And for good measure, Third Way declares, “And it has to be meaningful; Democrats can’t simply stick a 'growth' label on the old bottle of 'fairness' policies.”

    The folks at Third Way are right about one thing; voters do want economic growth and prosperity. Where they are wrong is in their assumption that fairness can't be a part of that growth. The policies that do the most to bolster fairness are in fact the most powerful policies to move the economy forward and create broadly shared prosperity.

    Progressives and Democrats don’t always make that clear. Most of the time they talk about fairness as separate from broadly-shared prosperity. The Democrat who bases his or her campaign on that crucial link will sweep into the presidency in 2016.

    Policies that increase fairness are key to driving the economy forward.

    Raising the minimum wage is not just about basic fairness for low-wage workers. Raising wages is about creating economy boosting jobs, not economy busting jobs. When wages are raised, workers have more money to spend, essential when 70 percent of the economy is made up of consumer spending.

    An economy boosting job pays enough to cover the basics, which is why the fight for a $15 per hour minimum wage mobilizes people to action. It is about working at that wage for enough hours, with predictable schedules, so that the wages add up to a decent paycheck. It is about getting paid when you are out sick and having paid family leave, so you can care for and support your family. It is about women getting paid as much as men. It is about being able to afford your health care, so you have money to spend on other essentials and don’t end up bankrupt because of a high-cost illness. It is about increasing Social Security benefits and bolstering retirement savings, so you can keep supporting yourself and keep the economy moving well into your retirement.

    These measures reward people fairly for work and are essential to rebuilding the middle class engine of the economy, as shown by the evidence collected in the Center for American Progress’s middle-out economics project.

    The flip side of creating economy boosting jobs is reversing the soaring concentration of wealth. It’s not just unfair that the rich are grabbing more and more of the wealth we all create, it’s a big reason that the economy remains sluggish. When the top 1 percent capture virtually all of the economic progress, it's impossible for them to spend much of it. When corporations sit on trillions of dollars of cash because there aren’t markets for their goods, that money doesn’t go to higher wages or investment in creating jobs or other things that would boost productivity throughout the economy.

    Even Wall Street is beginning to get it. In a report that is stunning only for its source, Standard & Poor's found this summer that “Our review of the data, as well as a wealth of research on this matter, leads us to conclude that the current level of income inequality in the U.S. is dampening GDP growth, at a time when the world's biggest economy is struggling to recover from the Great Recession and the government is in need of funds to support an aging population.”

    A big goal of Third Way’s memo is to justify policies that they admit “may not be the most politically popular.” While some of the Third Way proposals are worthwhile, like millions of teachers for pre-K, much of their agenda is that of corporate America and in some cases would actually be bad for the economic growth they claim to seek.

    Using coded language in an attempt to dilute the political poison, Third Way pushes for cutting Social Security benefits, lowering corporate tax rates rather than stopping corporate tax evasion, and agreeing to new trade deals which would drive the race to the bottom and allow corporations to challenge environmental and health and safety laws, instead of bolstering American workers' already hard-pressed incomes.

    Instead, what the country needs and what Democrats should push are bold policies which drive the economy forward and create broadly shared prosperity: fairness.

    We can start by putting Americans to work with a massive investment in core productive infrastructure in three areas: transportation, from roads and bridges to high speed rail; clean, renewable energy, which will simultaneously tackle climate disruption; and high-speed Internet for every home and business in America. Everyone who does this work should be paid enough, with good benefits, to support and care for their families, and be given the flexibility needed to care for those families.  In doing so, we doubly boost the economy: through the investment in infrastructure and through the good jobs.

    It is both fair and essential for our economic future to ensure that every child has a quality education and the opportunity to succeed in school, career, and life. We need to modernize and replace dilapidated schools and assure that every child has a well-prepared and supported teacher in a small enough class to learn. We need to transform schools, particularly those that teach children in low-income neighborhoods, into community centers. We should make high-quality child care and pre-K universal, employing millions more providers and teachers.

    We need to provide career training for the high-skilled jobs that don’t require traditional college. We need to make college affordable, by dramatically lowering the cost of public colleges and universities, providing much more tuition assistance, and tying the payment of student loans to earnings.

    And as in infrastructure, all these jobs – from day-care providers to teachers to college professors (no more adjuncts) – should be good jobs, with good pay, benefits, and the flexibility to care and support families.

    The only reason that Democrats would consider an agenda that Third Way admits is politically unpopular is to please corporate campaign donors and elites. But with President Obama pushing for new trade deals, advocating revenue-neutral corporate tax reform and having supported cuts in Social Security benefits, that agenda is as alive as the billions in campaign contributions that pour into both political parties.

    Americans are right about two things. One, the system is rigged to favor the wealthy and powerful. Two, unless we change course, the future will not be better for our children. Those are the core reasons we saw historically low voter turn out this month and why minimum wage hikes passed at the same time voters decided to give Republicans their turn in the continuing roller-coaster of Congressional control over the past decade.

    The Democrat who champions bold policies to build an America that works for all of us, not just the wealthy, and policies that create broadly shared, sustainable prosperity, will triumph in 2016.

    The key, as Franklin Delano Roosevelt did (and as great organizers do), is to tap into anger and lift up hope. FDR railed against the “economic royalists” and experimented with bold policies that reigned in financial speculation and put Americans to work building the foundations for the 20th Century economy. 

    The next FDR will name the villains who are rigging the system: Wall Street speculators and corporations that cut wages and benefits and ship jobs overseas. The next FDR will reveal the truth that “we all do better when we all do better.” That when we all earn enough to care and support our families, when we can shop in our neighborhoods, give our kids a great education, afford our health care, retire with security, we drive the economy forward.

    Mamby-pamby won’t cut it. Americans are crying for bold leadership, a way out of a narrowing world towards a better world for our children.

    The Democrat who leads a political party that stands up against the rich and powerful and stands up for working families and the middle class, who declares that Americans have done this before and that together we can do it again, will triumph in 2016. A Democratic party that relentlessly presses that agenda into action will meet the great challenge of our time. 

    Richard Kirsch is a Senior Fellow at the Roosevelt Institute, a Senior Adviser to USAction, and the author of Fighting for Our Health. He was National Campaign Manager of Health Care for America Now during the legislative battle to pass reform.

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  • News Flash: Progressives Have a Winning Economic Narrative -- and Democrats Who Used It Won

    Nov 11, 2014Richard Kirsch

    Democrats can connect with voters by telling a story about how they'll make the economy work for all of us.

    The big post-election consensus is that Democrats believe, as The New York Times put it, they were missing “a broad economic message to enthuse supporters and convert some independents.”

    Democrats can connect with voters by telling a story about how they'll make the economy work for all of us.

    The big post-election consensus is that Democrats believe, as The New York Times put it, they were missing “a broad economic message to enthuse supporters and convert some independents.”

    So what would that missing narrative be? The point of a narrative is to give people an explanation of what they are experiencing that includes what is wrong, who is responsible, and what we can do about it.

    Take a look at two explanations of what’s happening that are very similar but different in important ways.

    The first, from Republican message guru Frank Luntz, writing in The New York Times: “[F]rom the reddest rural towns to the bluest big cities, the sentiment is the same. People say Washington is broken and on the decline, that government no longer works for them — only for the rich and powerful.”

    The second, from Democratic message advisors James Carville and Stan Greenberg, along with Page Gardner: “People believe that the rich are using their influence to rig the system so the economy works for them but not the middle class.”

    The big difference here is how the common sentiment among Americans – that the rich call the shots – is framed to suggest a solution. By focusing on the government, Luntz sets up the Republican push for limited government. Or as successful Iowa Republican Senate candidate Joni Ernst said in a debate, “When Washington is picking… winners and losers, it’s almost always our Iowa middle-class families that lose.”

    For Carville, Greenberg, and Gardner, the focus is on the economy being rigged. Or as one ad for Oregon’s Democratic Senator Jeff Merkley said, “It is Jeff leading the fight to hold Wall Street and big banks accountable when they prey on working families and small businesses. ”

    Merkley won and so did Ernst. The explanation, according to progressive pundits, is that Democrats like Merkley who used a populist message – which means they connected people’s economic concerns to the rich and powerful who are responsible – were successful while Dems who ran away from that message lost. As someone who has been leading the Progressive Economic Narrative (PEN) project, I really wanted to believe that. But as it seemed too easy, I decided to look at some campaigns and see whether it was spin or the truth. It turns out to be the truth.

    The first case I looked at was Minnesota Democrat Al Franken’s campaign. After eking out a victory in the great Democratic year of 2008, Franken won handily this year, even as Republicans took over the Minnesota House of Representatives. Imagine my smile when I quickly found Franken ads based on the key value statement in our Progressive Economic Narrative, “We all do better when we all do better.” This was also a key theme of Minnesota’s great progressive senator, Paul Wellstone.

    Franken’s progressive populism makes a key distinction when he uses the key word in that values phrase, “all.” As he says in another ad,  “I work for all Minnesotans. Wall Street wasn’t happy about that. But I don’t work for Wall Street. I work for you.”

    The name of our Progressive Economic Narrative is “An America that works for all of us,” which is central to the aspirational power of our story. However, what is needed for that message to win is to make it clear who is not included in “all of us” (i.e., the wealthy). A poll of voters last spring found that voters preferred “growing the economy” over “an economy that works for all of us” by 10 percentage points. By contrast, voters chose “an economy that works for all of us, not just the wealthy” over “growing the economy” by 22 points!

    Merkley was also sure to name the villains of the economic story throughout his campaign, as in the Wall Street ad mentioned above.

    So what about those Democrats who lost in purple states? I would have thought Iowa Democratic Rep. Bruce Braley, who founded the populist caucus when he got to Congress in 2007, would have run a populist campaign. Instead, Braley ran on working across the aisle to get things done in Iowa and not “letting the extremists from either party get in the way.” Because voters are skeptical about anything getting done for them in Washington, his message fell flat.

    Braley listed progressive issues, but without a narrative to link them together. His only villains were the “Koch brothers and their extreme agenda,” but he didn’t say what made their agenda extreme. Contrast that with how Merkley described “the billionaire Koch brothers,” who want to give “more tax breaks to millionaires and reward companies that ship jobs overseas.”

    What about Mark Udall in Colorado, another Democrat who lost in a purple state that Obama carried? Udall built his campaign narrative around a war on women by his opponent Rep. Corey Gardner. He, like Braley, ticked off a list of progressive issues – from minimum wage to pay equity to protecting Social Security – without providing any framing story to link them together. He left out who the villains are in the story.

    Udall also committed the ultimate narrative sin: delivering your opponent’s story. Here’s the closing line of a Udall ad: “I’m Mark Udall. No one – not government, not Washington – should have the power to take those rights and freedoms away.” Voters who wanted the anti-government candidate chose the real thing!

    Udall would have had a much broader audience for his “war on women” message if he framed it as part of a broader war on American families by the rich and powerful. It is easy to make opposition to pay equity or a woman’s right to make her own decisions part of this broader story, which speaks to Americans’ deep concerns about their families.

    One part of the story I didn’t see in the candidate ads was how Democrats should address Luntz’s “blame government” narrative. The answer, as Hart Research pollster Guy Molyneaux explains in The New York Times, quoting almost verbatim from the Progressive Economic Narrative, is that “the important question facing America today is not how big government should be so much as who government should work for: corporations and the wealthy, or all Americans?”

    As Molyneaux points out, “That is a debate Democrats can and will win.”

    What even progressive Democrats need to do better is tell a story about how to create that economy that works for everyone, not just the wealthy. This is a matter of both clear narrative and bold policy.

    The core of our economic theory is, as we say in the Progressive Economic Narrative, “working people and the middle class are the engines of the economy.” Another version of this, popularized by the Center for American Progress, is “we build the economy from the middle-out, not trickle-down.”

    The story we are telling is that people are the job creators, not businesses. That raising the minimum wage is not just about fairness, but about creating economy-boosting jobs that put money in people’s pockets to spend in their communities. “We all do better when we all do better” is not just a statement of values; it’s the progressive belief about how the economy works.

    Our narrative connects to policy with the phrase “we build a strong middle class by decisions we make together.” Democrats need to step up with bold policies, many of which are already out there, waiting to be championed. Here are just three:

    1.     A massive public investment to dramatically increase the use of clean energy  – which would at the same time tackle the challenge of climate disruption – with a requirement that all the jobs created pay wages that can support a family.

    2.     A $15/hr minimum wage that grows with productivity, so that workers get their fare share of the wealth they create. 

    3.     A robust system of public financing that would allow candidates to win office without taking big campaign contributions from anyone, addressing the public’s belief that the rich call the shots.

    One thing Democrats had better not say is “Oh, what’s the narrative? What do we say about the economy?” Progressives have a powerful narrative and bold solutions to create an America and an economy that works for all of us, not just the wealthy. Candidates who run on this have won and will win. And an America that runs on these policies will do to what too many Americans no longer believe is possible: provide a better life for our children. 

    Richard Kirsch is a Senior Fellow at the Roosevelt Institute, a Senior Adviser to USAction, and the author of Fighting for Our Health. He was National Campaign Manager of Health Care for America Now during the legislative battle to pass reform.

    2014 election results map courtesy of Politico.

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  • Obama Administration Defends Amazon’s Low Pay – Again

    Oct 9, 2014Richard Kirsch

    It's hard for workers to trust the President's support for policies that help them when the administration sides with Amazon at the Supreme Court.

    Amazon’s business model is based on quick easy buying and low prices. One way it does that is to force its warehouse workers to wait a long time to leave work, without getting paid. And that’s just fine with the Obama administration, which continues to have a blind spot when it comes to decent pay and working conditions at Amazon.

    It's hard for workers to trust the President's support for policies that help them when the administration sides with Amazon at the Supreme Court.

    Amazon’s business model is based on quick easy buying and low prices. One way it does that is to force its warehouse workers to wait a long time to leave work, without getting paid. And that’s just fine with the Obama administration, which continues to have a blind spot when it comes to decent pay and working conditions at Amazon.

    Yesterday the Supreme Court heard a case (Integrity Staffing Solutions v. Busk) in which workers are suing the temp firm that staff’s Amazon warehouses. The workers are in court because they don’t get paid for the time they are forced to stand on line for a security check when they leave work to be sure they haven’t stolen anything. The security screening itself reveals the poor working conditions and lack of respect that Amazon has for its workers. Workers who are well paid and have job security will not take the risk of stealing. The lack of pay adds costly insult to their injury.

    The legal issues revolve around whether the security screenings, which can take 20 minutes or more, are “integral and indispensable” to the job, which would trigger pay under the Fair Labor Standards Act. Amazon certainly thinks so; the screenings aren’t optional. Still the firm, which pays warehouse workers around $11 or $12 an hour, cheaps out by denying the workers pay when they are waiting on line to leave.

    As Jesse Busk, the lead plaintiff in the case, told The Huffington Post, "You're just standing there, and everyone wants to get home. It was not comfortable. There could be hundreds of people waiting at the end of the shift."

    While President Obama has made numerous passionate speeches about giving Americans a raise, his administration is taking Amazon’s side at the Supreme Court, filing an amicus brief, alongside the U.S. Chamber of Commerce and other business lobbies.

    Unfortunately, there’s nothing new about this from the administration. Last August, as I wrote at the time, “President Obama gave a great speech on why good jobs are the foundation for his middle-out economic strategy... from a huge Amazon warehouse where the workers do not have good jobs.”

    The President told the Amazon warehouse workers who were in the audience, “we should be doing everything we can as a country to create more good jobs that pay good wages.”

    Everything, it turns out, except being sure they get paid for all the time they are required to be at work.

    The Obama administration may wonder why the President does not get more credit for the economic progress the nation has made coming out of the Great Recession or more recognition for his calls for raising the minimum wage. The core reason is that for too many Americans too low wages, too few hours at work, and job insecurity or no job at all remain their reality.

    The President’s defense of Amazon reveals another reason. Americans see that he is unwilling to take on the powerful forces that are driving down the living standards and hopes of American workers. They see his embrace of Amazon and Wal-Mart, where he gave a speech on energy earlier this year. And too many come to the conclusion that it is only campaign contributors that matter, despairing of finding leaders who understand what really is going on in their lives – and who are willing to take their side against the powerful.

    Richard Kirsch is a Senior Fellow at the Roosevelt Institute, a Senior Adviser to USAction, and the author of Fighting for Our Health. He was National Campaign Manager of Health Care for America Now during the legislative battle to pass reform.

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  • Port Drivers Take on Low Wages in an Industry Built on a Lie

    Jul 14, 2014Richard Kirsch

    Port truck drivers aren't indepedent contractors: they're employees of companies that pay them too little for long hours, with no benefits or worker protections.

    It’s a David and Goliath story, only in this case there are 120 Davids taking on a hidden Goliath of an industry that every day touches everyone who is reading this in hundreds of ways. The port trucking industry is built on an illegal fiction, designed to rip off the 120 drivers who went on strike at the ports of Los Angeles and Long Beach this week.

    Port truck drivers aren't indepedent contractors: they're employees of companies that pay them too little for long hours, with no benefits or worker protections.

    It’s a David and Goliath story, only in this case there are 120 Davids taking on a hidden Goliath of an industry that every day touches everyone who is reading this in hundreds of ways. The port trucking industry is built on an illegal fiction, designed to rip off the 120 drivers who went on strike at the ports of Los Angeles and Long Beach this week.

    They are not alone; 49,000 port truck drivers around the country work long hours at low pay with no benefits or basic worker protections like unemployment insurance or workers compensation, because the industry misclassifies them as independent contractors. The drivers’ courageous action is one more facet of a surging labor and community movement, which is starting to take on the captains of America’s low-wage economy.

    Virtually everything you are wearing now that was made overseas came through our nation’s ports. So did every imported item in your office or home. Port truck drivers transported those goods from ship terminals to rail yards and warehouse centers, for distribution to stores around the country. Starting more than 30 years ago, when the trucking industry was deregulated during the Carter administration, the industry was taken over by firms with a business model based on driving down drivers’ incomes by treating them as independent contractors instead of employees.

    The new model was based on a lie. The drivers weren’t really independent truck drivers, with their own rigs. They still worked for one distribution company, which totally controlled everything about their work – their hours, their shipments, the rates they were paid. The company supplied the trucks they drove. But by insisting the drivers accept the new arrangement if they wanted to work, the companies avoided paying payroll taxes, workers compensation, and unemployment benefits, let alone health or retirement benefits. The drivers were forced to pay to lease, fuel and maintain the trucks out of their own paychecks.

    The result of this scam has been high profits for the companies, lower wages and no workplace protections for the drivers, plus big losses to the social insurance funds. This arrangement put employers who complied with the law by continuing to treat their workers as employees at a competitive disadvantage.

    The port drivers' story is emblematic of the forces that crushed America’s middle class. Good paying, often union jobs were replaced by low wage, no-benefit jobs. "Manufactured in the U.S." was displaced by foreign goods, sold to consumers through the Wal-Marts and Home Depots and other giant retailers that perch at the end of global supply chains. Government, stripped of resources and will by corporate lobbyists and their wholly-owned elected officials, sat by while the law was violated and social insurance programs were weakened. And corporate profits soared.

    But times are beginning to change. The strike in Southern California carries with it all the elements and power of the new movement of low-wage workers and their allies to create a good jobs economy. The foundation of the strategy is the willingness of low-wages workers to risk their jobs to fight back. The strategy is driven by strategic, legal, and financial assistance supplied by labor unions, partnerships with community groups, and public campaigns against big brand names.

    The strikers, like many other port drivers, are mostly immigrants who often don’t speak English. Only recently did they become aware that their rights were being violated, after a free legal clinic was set up by two community groups at the port. Since then, drivers have filed more than 400 claims against companies under California’s wage and hour laws. The first 19 rulings resulted in an average award of $66,240, largely for wage and hour violations and illegal paycheck deductions for items like truck leases.

    The claims are part of an aggressive legal strategy, which includes filings under California’s wage and hour laws, class action suits, and claims that the companies are violating federal labor laws. The goal is for the firms to face such an onslaught of fines and court orders that they will begin to realize it would be better to abide by the law, rather than continue to defend their practices in court. California Attorney General Kamala Harris could be hugely helpful here if she used the growing number of cases to insist on an industry wide compliance settlement.

    The companies are fighting back. “It’s all out war,” an attorney for two workers who were fired for both supporting a union and pressing wage claims, told me. Green Fleet, the company that fired the workers and one of the companies being picketed, is using the full arsenal of union-busting tactics, including firing workers who are leading union efforts and hiring union busters who threaten workers. The company’s goal is to terrify other workers, so that they won’t support forming a union or file wage claims.

    The NLRB ruled in the workers' favor, establishing that they are employees, not independent contractors, but Green Fleet is appealing in order to delay any relief. The fired workers’ attorneys are asking a federal judge to immediately order the companies to rehire the workers who were fired and to inform all the workers of their right to form a union and protest unfair labor practices.

    In the face of this illegal harassment, the 120 drivers at Green Fleet and other firms walked off the job. They want to join the Teamsters union, which is providing key strategic support to their efforts through their Justice for Port Drivers campaign. Many drivers recently saw the benefits of unionization when drivers won union representation at Toll Global Holdings, an Australian based company, which is unionized in their home country. The unionized drivers actually get paid for the hours they spend waiting to pick up merchandise, and receive better wages and benefits.

    Los Angeles’ well-organized community-labor coalition, led by LAANE, has turned out hundreds of picketers to join the drivers. The picketers block company trucks driven by drivers who have not joined the strike. The pickets create even longer lines of trucks at the marine terminals, where ships arrive with containers full of goods. This is one way that the strikers can exercise the economic power to get the companies to settle. The Teamsters report that already some terminals have told the companies being struck to stop picking up goods in order to clear the blockade.

    Another weapon in the campaign is public pressure on the big brands that are the ultimate beneficiaries of the low-wages paid to the port drivers. All of Skechers shoes are delivered by Green Fleet. Protestors attended Skechers’ annual shareholder meetings, have leafleted stores, and this week had a plane fly over the company’s flagship L.A. store with a banner that read, “Skechers – laced with misery”. As LAANE’s Danny Feingold points out, unlike some other retailers, such as Nike, Skechers has refused to sign a code of conduct with labor standards for its contractors.

    Another element in the port drivers' campaign, as in low-wage workers' campaigns nationally, is a push to change public policy. There are some 75,000 port drivers around the country, of whom 49,000 are misclassified as independent contractors. The New York and New Jersey legislatures both passed bills in the last year toughening standards and enforcement for misclassification of port truck drivers. While New Jersey’s Governor Chris Christie vetoed that state’s bill, the New York legislation signed by Governor Andrew Cuomo includes strict standards and most importantly, civil and criminal penalties.

    There is a new movement growing in America, comprised of courageous low-wage workers and backed by unions, community groups, and activists to take on the huge companies that drive the low-wage economy. From fast food, to Wal-Mart, to workers who make car seats and immigrants who wash cars, the movement is learning a new strategy, based on mobilizing workers and the public. The twin goals of this movement are to enable workers to organize unions and to enact new public policy to rebuild the middle class. You can support the movement now, and lend a hand to port drivers who are on strike, by making with a contribution to the Justice for Drivers Hardship Fund. Remember, the device on which you are reading this now was delivered by a port driver.  

    Richard Kirsch is a Senior Fellow at the Roosevelt Institute, a Senior Adviser to USAction, and the author of Fighting for Our Health. He was National Campaign Manager of Health Care for America Now during the legislative battle to pass reform.

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  • SCOTUS Ruling Doesn’t Gut Public Unions, But Creates New Challenges for Care Workers

    Jun 30, 2014Richard Kirsch

    The Supreme Court's decision in Harris v. Quinn will make it harder for home care and child care workers to organize for better pay and higher quality jobs.

    The Supreme Court's decision in Harris v. Quinn will make it harder for home care and child care workers to organize for better pay and higher quality jobs.

    A huge sigh of relief mixed with curses. That’s my reaction to the Supreme Court’s decision today to block home care workers in Illinois from being required to pay union dues, while continuing to allow public employee unions to collect dues from all the workers they represent. The decision in Harris v. Quinn blocks the right-wing assault against one of the most important pillars of progressive infrastructure, public employee unions, but will add to the challenge of raising wages and benefits in the surging low-wage workforce.

    First, some background on the case: As part of the right’s ongoing attack on working people, a right-wing legal group recruited a handful of home care workers in Illinois to challenge the state's requirement that the workers pay union dues. The workers are employed by individual patients but are funded by Medicaid.

    Having unions, in this case SEIU, represent home care workers is part of an admirable strategy to extend collective bargaining to workers who are publicly funded even if they do not work directly for the government. Since federal law does not provide collective bargaining rights to either public employees or domestic home care workers, using state law to organize these workers, who typically receive low pay with no benefits, is vitally important to their own well-being and to building a middle-class-driven economy.

    The National Right to Work Foundation’s attorney argued, as Lyle Denniston explains at SCOTUSblog, that "anything a public employee union does is an attempt to shape matters of 'public concern,' and it should not be able to compel support -- even for part of the monthly dues -- from workers who oppose the union's public policy ambitions."

    If the Court had followed that logic, it would have reversed its own precedent, set in the 1977 Abood v. Detroit Board of Education decision, which held that public employees could be required to pay dues for collective bargaining but not for purely political purposes. Fortunately, the Court didn’t go there today, which means that states and localities, which have the power to regulate public employee unions, will continue to be able to require that all employees who work directly for the government pay dues to the union that represents them. While this should have been a no-brainer given the Court’s precedent, it is a huge relief and enormously important to preserving the ability of public employees to organize together for decent wages and benefits. And it is clear defeat for the right’s campaign to eviscerate one of the most important progressive institutions.

    Instead, the Court’s decision today focused on whether home care workers are fully public employees. In a 5-4 ruling written by Justice Samuel Alito, it decided that these workers are only partial-public employees and so cannot be required to pay dues to a union that represents them. The ruling will make it much more difficult to organize the growing number of low-wage workers who care for the elderly and disabled through home care and for young children through child care.

    Home care and child care workers get paid very little, have few benefits, and make up a big chunk of the surge in low-wage jobs that defines today’s economy. But it is a huge challenge to organize workers who are directly employed by individuals. The answer has been to take advantage of the fact that the public is paying for a big chunk of their earnings by treating them as public employees, as Illinois Governor Pat Quinn did in the Harris v. Quinn case. The Court’s rejection of this approach creates new roadblocks to home care and child care workers who are attempting to organize unions capable of bargaining for better pay and higher quality jobs.

    The solution may to be to have the public take over home care and child care. If public agencies employed these caregivers, financed as they are now by a combination of public funds and sliding-fee payments by the individuals who use their services, these workers would be full-fledged public employees. This strategy will require a major change in the organization of care, but should be tested where there are progressive local and state governments. Its success would be a deliciously ironic turn against the right’s campaign to shrink government, and a big step toward creating a good-jobs economy to power an America that works for all of us.

    Richard Kirsch is a Senior Fellow at the Roosevelt Institute, a Senior Adviser to USAction, and the author of Fighting for Our Health. He was National Campaign Manager of Health Care for America Now during the legislative battle to pass reform.

    Image via Thinkstock

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