Friday, May 27, 2011

Wisconsin judge halts anti-worker bill on the basis of process, not content.

Left: For a pdf of the issue of Facts For Working People on the Wisconsin events send your e mail to: we_know_whats_up@yahoo.com

A circuit judge in Wisconsin has issued an injunction barring the bill passed by the Wisconsin state legislature eliminating collective bargaining rights for Unions from going in to effect.

Naturally, the heads of organized Labor are thrilled with this as their entire strategy in this issue is to defeat this attack on workers right to negotiate hours, wages and working  conditions in the courts and electorally.  The movement that arose in the streets has been derailed and diverted in to the Democratic Party.

AFL-CIO President Richard Trumka, had this to say: "What we’ve seen in Wisconsin from the beginning is an arrogant disregard for the voices of working people. Today’s decision underscores the point that when people’s rights are blithely violated, our politics is broken."
But the decision to bar implementation of the bill was not because it is a blatant attack on workers' right to representation.  The content and intent of the bill is not in question. The judge halted its implementation because of process.  Dane County Circuit Court Judge Maryann Sumi struck down the bill because she claims it violates the state of Wisconsin's "open meetings law."

This law requires a 24 hour notice before moving such a bill through committee.  In event of emergencies this rule can be negated and only two hours notice given but the judge determined that this standard was not met.  The judge wrote in her decision: "The legislature and its committees are bound to comply with the open meetings law by their own choice. Having made that choice they cannot now shield themselves from the provisions that give the law force and effect."

This is a victory of sorts of course, but in the longer term it is a defeat. Instead of workers relying on our own strength and our own independent organization.  Trumka by his uncritical support of the process continues to foster illusions in a political system and a political party that is inherently anti-worker.  What could have been the  birth of a mass movement of a national character with a strategy of mass direct action against the cuts launching an offensive of our own and out of which an independent political alternative to the two capitalist parties could have arisen, has become a strategy of electoral work in order to get Democrats in to office and relying on the courts to save us.

As we have explained on this blog many times before, the elimination of collective bargaining rights (and dues checkoff) therefore a seat at the table is of the utmost importance to the Labor hierarchy as it directly affects their role as negotiators.  Dues checkoff also affects revenue which is important to the Democrats as they receive hundreds of millions of dollars in the form of worker's dues money for their election campaigns. Eliminating dues checkoff would mean the Labor officials would have to work to collect revenue as opposed to have the employers do it for them (this would also bring them in to close contact with the average dues payer, a scary thought) and make it harder for the Democrats to get their hands on this cash. Concessions on wages, working conditions and benefits have never been a point of contention between the employers and the Labor hierarchy.

The bosses are relentless in the pursuit of their goals, the driving back of wages, rights and benefits that existed before the great social movements of the 1930's and 50's. They are emboldened by the cooperation of the Labor hierarchy through their policy of the Team Concept on the job and an unholy alliance with the Democrats in the political sphere.

This gives their offensive steam and the containing of the Wisconsin movement within parameters favorable to them adds to it.  The attacks will not cease and while the movement has ebbed from earlier highs we would be foolish not to recognize the anger that exists beneath the surface of society and the potential for explosions ahead.

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