‘Janus’ case rips rights from workers

Bill Knight column for Thurs., Fri., or Sat., Feb. 22, 23 or 24, 2018

Corporate interests and the Trump administration are trying to dump decades of settled law to take away the basic freedom of millions of working people to have a voice on the job. The U.S. Supreme Court case, “Janus v. AFSCME Council 31,” could undermine the ability of nurses, teachers and other public workers to negotiate over pay, benefits and workplace safety. The Court is scheduled to hear oral arguments on the case on Monday.

The Obama administration supported unions in previous challenges, most recently in 2016’s “Friedrichs v. California Teachers Association” case, which seemed to be headed for an anti-labor ruling before Justice Antonin Scalia died. So the court split, 4-4, on the issue.

Since Trump appointed conservative Neil Gorsuch to replace Scalia, the court in September said it would take “Janus” as a new challenge, and this winter, the Trump administration asked the Court to overturn a decades-old precedent that permits the requirement that public employees pay some fees to unions that represent them. That decision, 1977’s “Abood v. Detroit Board of Education,” ensures unions recover costs of bargaining and enforcing contracts – but not partisan political activities.

“Janus” is another transparent attempt to weaken organized labor, particularly the public sector.

“The ‘Janus’ case is part of a coordinated attack on workers financed by anti-union, anti-worker billionaires and corporate interests whose aim is to destroy unions and make it impossible for working people to join together and protect hard-fought rights and protections,” said Laborers president Terry O’Sullivan.

“If the court rules against the unions, it would be overturning legal precedent that has protected workers for 40 years and siding with corporate interests who want to silence workers,” continued O’Sullivan.

The lead plaintiff in the case is Mark Janus, a child-support specialist at the Illinois Department of Healthcare and Family Services whose legal team argues that under current law he’s forced to support a union that doesn’t represent his views, and they claim that violates his First Amendment rights.

In reality, Janus’ contributions to AFSCME don’t go toward political or social issues about which he disagrees. Instead, “Janus” attacks a key source of revenue for unions to do the work they’re expected – and obligated – to do, in order to weaken them.

“The forces behind this case know that by joining together in strong unions, working people have the voice they need to level the economic and political playing field,” said AFSCME Council 31 director Roberta Lynch. “The billionaires and corporate special interests funding this case view unions as a threat to their power, so they are trying to get the U.S. Supreme Court to rig the system even more in favor of those already at the top.

“By outlawing Fair Share fees, employees who benefit from gains the union makes will not have to pay anything toward the cost of union representation,” she continued. “The wealthy elite behind this case want to drain unions of resources so working people will not have a powerful voice.”

AFL-CIO president Richard Trumka added, “For more than 40 years … the law recognized unions and employers have the freedom to negotiate agreements under which everybody contributes his or her fair share. But now the Trump administration is urging the court to reverse this precedent and undermine working people and unions. This is a shameful political payback to reward those who seek to do working people harm. Arguing against our freedoms at work is not what working people expect of our government. Actions speak louder than words, Mr. President.”

Besides organized labor, AFSCME has had support from various interests, even the U.S. Conference of Catholic Bishops. Its amicus brief backing labor says, “The Catholic bishops of the United States have long and consistently supported the right of workers to organize for purposes of collective bargaining. Because this right is substantially weakened by so-called ‘Right-To-Work’ laws, many bishops – in their dioceses, through their state conferences, and through their national conference – have opposed or cast doubt on such laws, and no U.S. bishop has expressed support for them.

“Petitioner’s proposed rationale for this dramatic move appears designed to lay the foundation for a still more dramatic one: constitutionalizing, in a subsequent case, the ‘Right-To-Work’ rule in the private sector as well,” the brief adds. Without “fair-share,” agency fees or other contributions toward the costs of representation – which could be made illegal in the “Janus” case, “unions face a ‘free rider’ problem that dramatically weakens them and, in turn, their bargaining power on behalf of workers, as experience in ‘Right-To-Work’ states to date has borne out,” the bishops’ brief says.

If ‘now is not the time,’ when will it be?

Bill Knight column for Monday, Tuesday or Wednesday, Feb. 19, 20 or 24

It’s been days since 17 people were killed and 15 injured by an assailant, a member of a white supremacist group, armed with a “legally obtained” AR-15 semi-automatic rifle at Marjory Stoneman Douglas High School in Parkland, Fla., so another mass shooting might have happened since.

Americans’ thoughts were with victims and their families.

Americans’ prayers were with victims and their families.

Americans’ actions were NOT with victims and their families – or future victims and families.

The gun industry, its mouthpiece the National Rifle Association and its own bought-and-paid-for politicians may dust off their typical sayings: “They’re in our thoughts and prayers,” “The problem is the mentally ill,” and “Guns don’t kill people, people kill people.”

Their thoughts and prayers are insincere. And concerning action, as James says in the Gospel: “What does it profit, my brethren, if someone says he has faith but does not have works? Can faith save him? If a brother or sister is naked and destitute of daily food, and one of you says to them, ‘Depart in peace, be warmed and filled,’ but you do not give them the things which are needed for the body, what does it profit? Thus also faith by itself, if it does not have works, is dead.”)

Seventeen more are dead, too.

And, sure, guns don’t pull their own triggers and don’t aim at the targets of killers who wield them. “Cigarettes don’t kill people,” it also could be argued. “People kill themselves with cigarettes.”

But think about the logic: “Nuclear missiles don’t kill people, people kill people.”

Dumb.

Maybe context is needed.

The 30 mass shootings since the year began:

Feb. 14 Pompano Beach (Parkland), Fla.; Feb. 13 New Orleans, La.; Feb. 11 Detroit, Mich.; Feb. 10 Paintsville, Ky.; Feb. 7 Lake Worth (Lantana), Fla.; Feb. 5 Colorado Springs, Colo.; Feb. 3 Cleveland (Garfield Heights), Ohio; Jan. 31 St. Louis, Mo.; Jan. 28 Melcroft, Pa.; Jan. 28 Reading, Pa.; Jan. 28 Indianapolis, Ind.; Jan. 27 Los Angeles, Calif.; Jan. 27 Bowling Green, Ky.; Jan. 25 Washington, D.C.; Jan. 23 Philadelphia, Pa.; Jan. 23 Benton, Ky.; Jan. 21 Orlando, Fla.; Jan. 21 Chicago, Ill.; Jan. 17 Washington, D.C.; Jan. 16 York, S.C.; Jan. 15 Alachua, Fla.; Jan. 14 Eutaw, Ala.; Jan. 14 Madison, Ala.; Jan. 12 Nashville, Tenn.; Jan. 11 St. Robert, Mo.; Jan. 7 Union Springs, Ala.; Jan. 7 Plantation, Fla.; Jan. 5 Hattiesburg, Miss.; Jan. 4 Brinkley, Ark.; and Jan. 1 Huntsville, Ala.

That somber, shocking list is from gunviolencearchive.org.

“This happens nowhere else other than the United States of America – this epidemic of mass slaughter, this scourge of school shooting after school shooting,” said U.S. Sen. Chris Murphy, the Democrat from Connecticutt, where people were slaughtered at Sandy Hook Elementary School in 2012. It’s “a consequence of our inaction”

Some, such as U.S. Rep. Paul Ryan (R-Wis.), say “now is not the time” or it’s “too soon” to demand action. That’s also dumb. Has enough time passed since Sandy Hook that discussion can occur? It’s certainly not to soon for the American Psychological Association to consider this public-health crisis and advise “Talking to your children about the recent spate of school shootings.”

To be sure, thoughts and prayers can be kind and effective in some measure. But when uttered by elected representatives who do nothing, thoughts and prayers MEAN nothing. If the officials don’t or won’t act, they should go.

Even non-political public figures see a need. Chicago Cubs All-Star Anthony Rizzo (a 2007 graduate of Marjory Stoneman Douglas High School) said, “This is out of control and our country is in desperate need for change.”

James saw the connection between need and action almost 2,000 years ago. Will we now?

Ever?

Bogus bonuses welcome, too little, too late

Bill Knight column for Thurs., Fri., or Sat., Feb. 15, 16 or 17, 2018

The old saying advises, “Don’t look a gift horse in the mouth.” Considering bonuses that corporations claim stem from federal tax reform, you might think, “Don’t see a thoroughbred breeding in the pasture when a mule’s pooping in the pen.”

President Trump claims that almost 3 million U.S. workers have received bonuses, “many of them thousands and thousands of dollars per worker,” he said in his State of the Union speech. And, indeed, some 275 companies in the last month or so announced one-time bonuses of up to $1,000 or raises while tying the moves to the Republican tax bill that Trump signed in December.

Even if the president isn’t lying or exaggerating, that doesn’t favorably compare to the number of working Americans. Few employees have received anything: about 2 percent of 154 million. (Before Trump signed the GOP’s $1.5 trillion tax measure, the administration said 38 percent of workers could get bonuses.)

Critics say the bonuses – and announcements – make up a huge, coordinated publicity stunt to justify and support the tax plan, which benefits corporations and the wealthy far more than most Americans. While corporations’ taxes are immediately and permanently cut from 35 percent to 20 percent under the GOP plan, middle-class Americans will owe more in taxes by 2027, even if they see modest relief this year.

Meanwhile, many of these same employers – like Bank of America, Boeing, Home Depot, Honeywell, Hostess Brands, Kimberly-Clark, Lowe’s and Tyson – have hadd layoffs, hiked fees and engaged in financial maneuvers such as stock buybacks to enrich executives and stockholders.

In fact, executives at Amgen, Cisco, Coca-Cola and Pfizer all said that their companies will increase dividends or buy back shares from stockholders before investing tax savings in new hires or higher pay, Bloomberg News reported.

Still, Walmart said it will raise some hourly wages by $1 and will distribute bonuses of up to $1,000 to some workers, and AT&T, Comcast and Southwest Airlines also all issued $1,000 year-end bonuses.

However, bonus paymasters:

* Walmart is shutting down 60 locations of its subsidiary Sam’s Club and cutting jobs;

* AT&T is laying off thousands of employees;

* Comcast is shedding 500 workers; and

* Southwest Airlines continues to drag its heels in bargaining with the Aircraft Mechanics Fraternal Association’s Aircraft Maintenance Technicians (AMT) unit.

“Walmart gave out what amounts to about 2 percent of the value of their tax cut over 10 years in bonuses,” reported journalist Judd Legum of ThinkProgress. They “made a big deal about it; got praise from the president. Meanwhile, it was abruptly shutting stores across the country. It’s diabolical.”

Larry Robbins, a Communications Workers of America (CWA) leader in Indianapolis, agreed, saying that AT&T’s bonuses and new job claims are a scam.

“The $1,000 bonus and the promise of 7,000 new jobs are all a publicity stunt,” Robbins said.

Further, AT&T actually agreed to a compromise with the CWA to send $1,000 bonuses and a 10-percent wage hike for thousands of union workers after the CWA demanded the $4,000 windfall that Republicans touted when the bill passed.

“Republican leaders have promised that households would receive, on average, a yearly $4,000 wage increase,” the CWA said in a prepared statement. “They also claimed that the corporate tax plan would produce new jobs in the U.S. as companies return work from offshore.”

The $1,000 bonus was “a drop in the bucket compared to what was promised,” the union added.

As for Southwest Airlines, its bonus should be seen as a tiny acknowledgement of what AMTs have endured about 2,000 days of negotiations, the union said.

“While the Company experienced record profits during this time, our members have not received increases in pay, enhancements to benefits or, most importantly, job security as they threaten to outsource even more work,” commented AMFA national director Bret Oestreich.

The PR campaign has more to do with ingratiating themselves to the Trump administration than investing in workers or the economy, said journalist and author David Dayen, whose investigative journalism into Wall Street’s foreclosure fraud resulted in the book “Chain of Title.”

“The bonuses aren’t coming out of tax savings that don’t hit until next year,” he reported. The corporate announcements of bonuses and expansions are “PR campaigns applying already-announced or determined actions to the tax bill. [It] shows these companies had the cash all along.”