Why Biden’s strike magic faltered

“For Biden, the tried-and-tested formula for defusing labor disputes has included back-channel negotiations that kept the pressure on companies to make concessions to workers, along with his agencies’ efforts to make it easier for employees to organize and his own frequent public praise for labor activists. Fain, though, made it clear he doesn’t want quiet murmuring from the administration behind closed doors, and he wasn’t satisfied with Biden’s remarks from Washington that automakers should “go further” in their offers.”

https://www.politico.com/news/2023/09/25/uaw-strike-bidens-strategy-00117656

Teachers are striking for more than just pay raises

“Increasingly over the past decade, teachers unions are introducing what they call “common good demands” alongside salary and benefit requests during bargaining. These demands can include defunding campus police, offering more eco-friendly and free transportation options, shielding students from evictions, and more.”

The NYC nurses strike reveals a fundamental flaw in US health care

“The experts I’ve spoken with over the past few years generally agree that nurses are tremendously undervalued given the importance of their work in delivering quality health care. Research has found repeatedly that more nursing staff leads to patients reporting a better experience in the hospital and better health outcomes.
But the problem is, given the way health care in the US is typically paid for, hiring more nurses and making their work environment better doesn’t necessarily make good economic sense for these hospitals.”

“Nurses point to exorbitant executive compensation (which soared nationwide during the pandemic) and multimillion-dollar real estate deals to explain their decision to strike. They have a point: Hospitals behaving on pure altruism would spend more on clinical staff without their nurses needing to go on strike to force their hand.”

“Slashing executive pay (Montefiore’s CEO makes $6 million a year) can only pay for so many new nursing positions. Canceling a $38 million land deal in White Plains would make more money available, but when revenue depends on the number of services that a hospital system provides, buying land and building new facilities does make fiscal sense.”

“Under the fee-for-service model that still dominates American health care, where every physician service can be billed by the hospital where they work, hospitals have every incentive to expand their services but little incentive to hire more nurses to support that work. From a hospital’s accounting perspective, nurses are entirely a cost. They do not generate any revenue directly, even though they are necessary to providing quality medical care.”

““What we forget is when hospitals put profits over patients, they are operating well within the system of economic carrots and sticks that we created for them, and within the system we created, hospitals are acting completely rationally as any other economic agent would,” Olga Yakusheva, a health care economist at the University of Michigan, said. “There is no economic incentive, right now, for hospitals to invest in adequate nurse staffing, pay nurses well, or provide a good working environment for nurses.”

Until the US gives hospitals good financial reasons to invest in their nursing staffs, these labor disputes are going to occur again and again. As much as we want our health system to be focused on quality health care, in America, health care is a business.

Good health care and profitable health care are not always the same thing. The failure to value nursing in the way we pay for medical services, which laid the groundwork for NYC’s nurses strike, is a stark example of that.”

The Supreme Court hears a case this week that endangers workers’ ability to strike

“The Teamsters, the union in this case, allegedly timed a 2017 strike so that it would begin after some of Glacier Northwest’s mixing trucks were already filled with concrete, forcing the company’s non-union employees to race to dispose of this material before it hardened in the trucks. But the company was able to remove this wet concrete from the trucks before they were damaged, and there are a wealth of cases establishing that workers may strike even if doing so will cause some of their employer’s product to spoil.
In one case, for example, the National Labor Relations Board (NLRB) — a kind of quasi-court that hears disputes between unions and employers — sided with milk truck drivers who struck, even though their strike risked spoiling the milk before it was delivered to customers. Another case, handed down by a federal appeals court, reached a similar conclusion regarding striking cheese workers.

That said, there are also some cases establishing that workers may not walk off the job at a time that could result in truly egregious damage to their employer’s business. In one such case, for example, a federal appeals court ruled that foundry workers who work with molten lead could not abruptly walk off the job and leave the lead in a state where it could melt the employer’s facilities or injure other workers.

In any event, the Supreme Court’s decision in San Diego Trades Council v. Garmon (1959) lays out the process that employers must use if they believe their workers timed a strike so recklessly that the union should be held liable. In nearly all cases, the employer must first obtain a ruling from the NLRB establishing that their workers’ strike was not protected by federal law. Only then may they file a lawsuit against the union.

The employer in Glacier Northwest, however, wants the Supreme Court to water down Garmon considerably, potentially enough to render that decision toothless.

If that happens, it would be a tremendous blow to workers. One important reason the Garmon process exists is that it shields unions from lawsuits that could drain their finances and discourage workers from exercising their right to strike — after all, that right means very little if well-moneyed employers can bombard unions with lawsuits the union cannot afford to litigate.”

Freight rail strike averted, after frenzied negotiations

“The Senate voted Thursday to avert a freight rail strike just days before crucial drinking water, food and energy shipments were set to be sidelined, after hurried talks in both chambers of Congress and a visit to the Senate from two of President Joe Biden’s Cabinet secretaries — but a bipartisan push to add paid sick leave to the deal fell short.
Ultimately the Senate voted 80-15, with Sen. Rand Paul (R-Ky.) voting present, to pass a bill that would impose the terms of a contract negotiated among freight railroads and most of their unions in September. Four out of the 12 unions involved had been holding out for additional paid sick days, making a strike possible as soon as Dec. 9.”

““What’s frustrating is that the railroads know that their backstop is federal government intervening in a strike,” said Tony Cardwell, president of the Brotherhood of Maintenance of Way Employes Division, one of the four unions that rejected the tentative agreement. “The railroads would have come running to the bargaining table if they knew that we would have been able to go on strike. But they were reliant on the Congress stopping our strike, and therefore they bargained in bad faith.””