Category Archives: Labor

Debut of Politico’s ‘Morning Shift’ Raises Ethical Questions Around IFA Sponsorship

by Arun Gupta In These Times October 14, 2014

I was pleased to learn in late September of Politico’s plans to launch a labor reporting desk—I am of a “more the merrier” mindset when it comes to journalism, especially on a topic so underreported as labor.

Politico apparently sees money to be made in labor journalism, even as this vital beat fades in newsrooms across the country. According to the Huffington Post, “Politico’s market research suggested that stakeholders in government, lobbying and Fortune 500 companies were looking for the ‘nitty-gritty’ details of labor policy.” “Labor and Workplace Policy” will join Politico’s portfolio of 13 other “Pro Verticals,” paywall-protected sections that cover single topics like education, transportation, technology and the military. Subscriptions to the verticals can run into the thousands of dollars, the HuffPost says.

It’s an important service, even if Politico’s focus sounds less like traditional labor reporting (on topics like organizing campaigns and contract negotiations) and more business-oriented: The site promises to cover “developments at [the] Department of Labor and NRLB [sic], as well as intelligence on unions, immigration, minimum wage, unemployment, retirement, pensions and pay, health care and ACA implementation, workforce training and court cases.”

Politico has retained top-notch talent in veteran reporter and editor Timothy Noah, author of The Great Divergence, and outstanding labor reporter Mike Elk, who wrote for In These Times from 2010 to 2014. (Elk was involved in a successful unionizing effort at In These Times with the Communications Workers of America and fought the layoffs of staff writers, including himself, whose yearlong positions were funded by a one-year grant that was not renewed.)

However, the Politico labor vertical made a curious decision in its first week. Its newsletter, “Morning Shift,” debuted October 7 with the tagline, “Your daily speed read on labor and employment policy” and a sponsorship from the International Franchise Association—a trade group representing franchised businesses like McDonald’s and Domino’s Pizza, as well as their franchise owners . Two days later, Morning Shift covered a labor issue of enormous importance to the IFA— whether McDonald’s has a legal responsibility for working conditions in franchises—but never mentioned the sponsor’s stake in the story, and editorialized in a way that could give the appearance of favoring the IFA’s position.

The subject line of the October 9 email edition began, “Morning Shift, presented by The International Franchise Association.” After an exclusive about a possible new president of the Communications Workers of America and a dig at Grover Norquist about plans for his “next union-busting ground game,” an ad appeared in the middle of the text, as is commonplace for IFA verticals. This one read: 

A message from The International Franchise Association. The franchising industry includes more than 770,000 establishments and employ 8.5 million workers in the United States. Learn how the franchise business model works and the positive impact franchising has on America’s economy by visiting www.franchisefacts.org.

I clicked on the IFA link. The website says, “Small franchise businesses are the key to the American economy.” After a video touting the benefits of franchising like “picking your staff and choosing which benefits to provide at your location” as health, vision and dental icons pop up, the site unleashes a thinly veiled attack on the effort by the Service Employees International Union (SEIU) to organize low-wage fast-food workers.

America’s 770,000 franchise small businesses are under attack by labor special interest groups—hurting workers, small business owners, communities, and our nation’s economy.

FIGHT FOR WORKERS AND SMALL FRANCHISE BUSINESSES

That a labor report would be sponsored by a trade association for a sector where unions and workplace rights are virtually nonexistent and wage theft and poverty is rampant gave me pause. The Morning Shift is supposed to be nonpartisan, according to the Huffington Post. That’s possible, given that law firms, unions, lobbyists and Fortune 500 companies will be among the likely subscribers, and they might see a partisan bias as compromising the accuracy of the information and analysis.

Still, a sponsor with a vested interest in how information is reported can create serious conflicts of interest. Politico could be more transparent about the possibility of such a conflict if it noted IFA’s involvement in the McDonald’s story—which it never does. Further, at times, the Morning Shift appears to slant its reporting toward IFA in the October 9 Morning Shift report.

The item in question is a three-paragraph “NLRB Update.” Since November 2012, when SEIU unveiled its fast-food organizing campaign, 181 complaints by workers involving unfair labor practice charges such as wage theft have been filed with the NLRB Office of the General Counsel against McDonald’s. Another seven class-action suits covering tens of thousands of workers have been filed in federal courts claiming McDonald’s Corporation conspires with its franchisees to engage in systematic wage theft. SEIU wants the NLRB to rule McDonald’s and its franchises have “joint responsibility” for employees.

As I’ve reported, 90 percent of McDonald’s 14,000 U.S. restaurants are franchises. Franchisees usually sign a “master contract” with the corporate parent, which, as I wrote, “micromanages key aspects of the business—menus, promotions, insurance, software, advertising, cleaning and so on. At the same time, McDonald’s takes pains to spell out in contracts that it has ‘no implied employment relationship’ with a franchisee or their workers. SEIU aims to hold corporations liable for their franchises’ actions.” A joint-employer ruling could allow SEIU to unionize workers or improve wages, benefits and conditions across thousands of stores at once instead of fighting one franchisee at a time.

SEIU scored a major victory in July when the NLRB general counsel ruled in favor of McDonald’s workers in 43 cases and “authorized complaints on alleged violations of the National Labor Relations Act.” The general counsel explained that if the parties cannot reach a settlement, “complaints will issue and McDonald’s, USA, LLC will be named as a joint employer respondent.”

The International Franchise Association makes no bones about the fact that this is a doomsday scenario. At an IFA-sponsored conference, Aziz Hashim, President and CEO of NRD Holdings, which owns numerous franchises such as Popeye’s and Dominos, said the ruling “threatens the basic foundation of franchising.” If a joint-employer ruling forces McDonald’s to assume legal responsibility for employees in franchises, it could negate the rationale for franchising and become a watershed in low-wage worker organizing. The parent company would have nothing to gain from outsourcing its workforce.

Morning Shift mentioned McDonald’s liability if it lost a joint-employer ruling, but it failed to mention this downside for franchises.

The Morning Shift account also contained wording that seems slanted toward the IFA. Morning Shift stated, “If the NLRB rules against McDonald’s, the corporation could be on the hook for infractions committed by its (seldom deep-pocketed) franchisees.”

Why tell the reader franchisees are “seldom deep-pocketed”? That’s in line with IFA talking points implying franchisees are struggling small businesses. I’m sure if I asked the IFA to speak to a franchisee, it could quickly trot out a scrappy immigrant family who’s saved every tarnished penny to buy a struggling franchise they devote every waking hour to for their slice of the American Dream, but that’s arguably not the norm.

It’s true that 64 percent of franchise owners are single-outlet operators, but they do not make up the bulk of the business: Of some 60,000 fast-food franchise outlets, 75 percent are owned by “the big players,” as the the Wall Street Journal puts it. The Journal adds that the average McDonald’s franchise “owns more than six locations.” In the fast-food industry, the biggest franchisees are holding companies with hundreds of outlets and half-a-billion dollars a year in revenue—and it’s these mega franchisers who stand to gain the most if the NLRB eventually decides against the workers. As the Journal further explains, corporate parents tend to pass over unknown entrepreneurs—even those that can pony up the $750,000 “minimum” generally required for a McDonald’s franchise. The parent prefers mammoth franchisees because,  “They often have readier access to capital and can prop up underperforming restaurants with stronger sales elsewhere in the chain. They’re also seen as less risky by franchisers, because they have a track record with a brand.”

Thus, for many fast food franchises, owners’ pockets are plenty deep. It’s spin for the IFA to portray itself as the defender of workers and small business owners. It’s a questionable assertion for Morning Shift to make, and one that indicates a certain slant.

Politico also editorializes by describing the NLRB’s ruling as “controversial,” writing, “NLRB general counsel Richard F. Griffin issued a controversial finding in July naming McDonald’s a joint employer in 43 cases before the NLRB.” But legal cases are, by definition, controversial—one side disagrees with the other. For whom was the NLRB ruling controversial? Certainly for parties with a stake, such as McDonald’s, the IFA, the franchisees, and their allies in Congress. But it would be a stretch to say it was a topic of significant national debate.

In addition to slant, a major question here is disclosure. Typically sponsorship disclosures are necessary when a sponsor is mentioned in a story. In this case, since the IFA’s sponsorship is already prominently highlighted, the question is reversed: Is the sponsor’s role in the story significant enough that it deserves a mention?

The IFA has emerged as a major player in the NLRB fight over franchising. An Associated Press report from July 30 published on Politico singled out the IFA as an opponent of the NLRB ruling: “The International Franchise Association, which represents franchisees, has opposed the identification of McDonald’s as a joint employer.” On September 16, The Hill reported the IFA was spearheading the “strategy to overturn a preliminary NLRB decision that corporations like McDonald’s share joint employer status with their franchisees.” The industry group’s plan included dispatching hundreds of franchisees and franchisors “to flood lawmakers’ offices, pressing them to oppose the NLRB’s finding.” In mid-September, IFA held its annual conference in Washington, D.C., attended by some 360 franchise industry representatives, “to make sure the model stays intact,” according to Entrepreneur magazine. One conference attendee said, “This joint employee-employer thing, if that goes through, that’s a hand grenade in the middle of the [franchising] business model.”

There is no inkling of this organized campaign in the October 9 report. What makes the omission even more puzzling is that the same Morning Shift mentions the IFA in relation to its lawsuit trying to overturn Seattle’s $15-an-hour minimum wage law that was approved by the City Council in June.

It’s important to point out there is no evidence the news was intentionally slanted. Politico’s labor desk is best able to say if there was any coercion or signals from higher ups at Politico to favor the IFA. At the very least, it raises a number of questions about Politico’s sponsorship and disclosure policies.

Politico is not alone in facing these questions. Journalists have long been wary of being pressured into writing “advertiser-friendly” copy; to protect the integrity and independence of their reporting, many outlets, such as the New York Times, have an ethics policy that keeps the advertising and news departments “strictly separate.” But the decline of print-media business models combined with the explosion of data-rich digital media is erasing those lines. Last year, The Atlantic was lambasted for sticking “sponsor content” from the Church of Scientology in its center news column. More recently, former Vice Media editor Charles Davis went public with evidence that the wildly successful website has killed stories out of fear it may potentially affect a “business deal” with a powerful brand, the NFL.

Having run several media outlets with different funding models, I know well the pressure and conflicts involved with taking advertising money. That’s why even the appearance of favoritism needs to be guarded against. Ultimately, the most valuable asset any reputable media outlet ultimately has is not its market value, but the trust with its readership. As a reader of In These Times, I know it receives sponsorship for its labor coverage from unions, including the International Association of Machinists and the United Auto Workers However, In These Times has published numerous critical reports by Elk on the UAW’s failed attempt to unionize a Volkswagen plant in Tennessee earlier this year, as well as a recent piece by David Moberg critical of the union’s claims to have eliminated two-tier contracts at an Indiana auto plant.

In this second Gilded Age, when corporate influence is everywhere, including journalism, much rides on providing proper context and analysis, and nowhere more than the fight over who controls the economy.

The CWA, UAW and IAM are sponsors of In These Times. Sponsors have no role in editorial content.

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How Seattle Passed the Highest Minimum Wage In America

by Arun Gupta VICE June 4, 2014

The bill signed into law by Seattle Mayor Ed Murray on Tuesday to raise the city’s minimum wage to $15 an hour by 2021 is historic. It will more than double the current federal minimum wage of $7.25 — something no local government has ever done.

An estimated 46 percent of Seattle’s 100,000 workers who make under $15 an hour will earn that by 2018. The measure could pump $3 billion into the local economy over the next decade, cutting poverty by 30 percent. It is already resonating, as $15-an-hour campaigns are underway in Chicago, Los Angeles, Portland, and San Francisco. New York Gov. Andrew Cuomo just endorsed a plan that could raise the minimum wage in New York City to $13 an hour.

Seattle’s new law has downsides, however, including a seven-year timeline, a lower training wage aimed at teenagers, weak enforcement provisions that encourage wage theft, and allowances for businesses with fewer than 500 employees to count tips and healthcare benefits reflected on pay stubs as wages up to $3 an hour.

But workers elsewhere who flip burgers, fold sweaters, and pull shots of espresso for a living wonder if the victory in Seattle can be replicated. That depends on understanding how it was won. There was no guarantee a year ago that the “$15 an hour” slogan would become law.

The driving force was Kshama Sawant, an avowed socialist who voters elected to the City Council last November on a platform to raise the minimum wage and taxes on the wealthy. She and her political party, Socialist Alternative, mobilized pressure for a wage bill. They fought opponents for months, parrying attempts to block the increase.

Given the obstacles they faced, a bill might have never materialized. Seattle is home to corporate titans like Starbucks and Amazon that have built their profit models on poverty-wage jobs, and during Sawant’s campaign the Seattle Times dismissed her as “too hard-left for Seattle.”

She and her partners made the most of a limited hand nevertheless. Sawant pursued a broad platform, but Socialist Alternative soon realized that $15 an hour should be the banner issue because of the amount of support it generated. The momentum became unstoppable after local newsweekly The Stranger gave Sawant a full-throated endorsement in September. Murray, who was running for mayor at the time, quickly endorsed the measure as well.

After taking office, Murray appointed a business-heavy Income Inequality Advisory Committee to devise a proposal. Sawant and Socialist Alternative countered by establishing 15 Now, a group that organized public marches and rallies, set up chapters in 11 neighborhoods, and canvassed widely.

Meanwhile, some Seattle restaurant owners pushed their staffs to oppose the $15-an-hour increase. Jess Spear, 15 Now’s organizing director, told VICE News that two prominent restaurateurs told their staff that prices would increase and that they would lose tips and even their jobs.

A group composed of servers and bartenders called Tips ARE Wages threatened to turn a key group of workers against the proposal. But Spear said that 15 Now met with the group and won them to their side after leaked documents revealed that restaurant owners were orchestrating the anti-$15 campaign.

But rallies and meetings are little match for billion-dollar corporations, which put small-business owners out front, moaning that jobs and business would be lost if $15 an hour became law. In March, Sawant and 15 Now made a strategic retreat by conceding that small businesses should have a longer phase-in period for the increase. At the same time, they deftly argued that businesses like McDonald’s, which amassed $5.5 billion in profit last year, could afford a much quicker timetable.

Meanwhile, 15 Now launched a ballot initiative to remind councilmembers that if they failed to pass a strong bill, voters could decide the issue for themselves. On April 26 it held a national conference in Seattle where attendees approved a plan that established a $15 an hour increase by 2017, with no tip credit or training wage. The conference was timed to anticipate the unveiling of Murray’s proposal on May 1. The Stranger noted that Murray’s plan was “so complicated reporters can’t understand it,” but it did take the wind out of 15 Now’s sails because it gave the impression that the battle had been won.

Labor leaders quickly closed ranks behind Murray.

“It’s a very delicately constructed deal and my advice to council would be to change nothing,” David Rolf, the president of the 40,000-member Service Employees International Union 775, told me in early May. He said that a ballot initiative would result if the measure were watered down — but that’s exactly what happened. The bill introduced on May 15 was weakened with a training wage, the tip/healthcare allowance, a three-month delay, and slap-on-the-wrist enforcement measures. Rolf still reversed course. “We fully support the ordinance,” he later said.

Socialist Alternative’s leaders privately conceded that they couldn’t win a ballot initiative without full support from organized labor, but they pushed one forward anyway to keep up the pressure on the council as it considered the ordinance. The City Council approved the bill on Monday afternoon, sending it to Murray’s desk for his signature.

Though the push for a $15 minimum wage is expected to go national, it’s unclear whether 15 Now will find similar success in other big cities. Sawant was aided by unusual factors like a non-partisan election and The Stranger’s backing. Even so, the proposal’s success in Seattle demonstrates a new model of grassroots resourcefulness that has the potential to widely advance a pivotal social agenda.

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Filed under Economy, Inequality, Labor, Politics

Learning from a Socialist in Seattle

A city councilwoman’s nuanced minimum wage battle has national potential

by Arun Gupta Al Jazeera May 21, 2014

When Kshama Sawant ran for a Seattle City Council seat in 2013, she campaigned as a candidate of the Socialist Alternative party on a platform of a $15 minimum hourly wage. Many observers scoffed that her politics and wage demand made the likelihood of victory scant. Sawant went on to win her seat — and on May 5, it was her turn to scoff.

When Sawant and her fellow Seattle council members were reviewing Mayor Ed Murray’s proposal to raise the minimum wage to $15 an hour for all private-sector workers, she wanted to give credit where it was due. Sawant told the hundreds packed into the council chambers that the plan materialized not because “business and politicians came from on high and delivered this but because workers demanded this.” Her supporters wore red T-shirts reading “15 Now.”

Just a slogan a year ago, it is now a plan of action in the nation’s 12th-biggest economic engine (PDF). On May 15, Murray unveiled a bill to make a $15 hourly minimum wage a reality. If it is passed, Seattle’s private-sector workers will eventually earn more than double the current federal minimum wage; an estimated 102,000 workers currently making less than $15 an hour will see their incomes jump in 2015, and many households will be lifted out of poverty.

Sawant and her party, instrumental in putting the issue on Seattle’s agenda, are now engaging in realpolitik, decrying the bill’s limits even as they call it a victory for the movement. Philip Locker, Sawant’s campaign manager, pointed to “serious weaknesses as a result of the political establishment catering to business” — such as allowing companies with billion-dollar annual profits such as Starbucks three to four years before they must start paying $15 an hour. But he maintained the movement “forced business to accept the highest minimum wage in the country.”

Sawant’s ascendancy has shown that being a socialist is no longer a liability in running for public office. More important, the $15-an-hour campaign has nurtured a model of grass-roots democracy that challenges the corporate-controlled political process. Observers expect the bill to pass by the end of May. If it passes, the win — though imperfect — will validate Socialist Alternative’s approach, swell its ranks and crack open more space for socialist politics in the United States.

A wage plan weakened

Grass-roots pressure for a wage bill gained momentum once Sawant helped found 15 Now in January. The organization established 11 neighborhood action groups throughout the city that mass-distributed leaflets, organized rallies and engaged citizens in one-on-one conversations. The efforts included quick parries to Big Business arguments about the harmful effects of raising the wage. Such tactics, says Locker, “transformed the political climate.”

The skirmishing continues as Sawant and 15 Now try to close pro-business loopholes in the bill.

Murray’s proposal gives large businesses, defined as more than 500 employees, up to four years before they must begin to pay $15 an hour. Smaller businesses have until 2021 to hit $15 an hour and an 11-year window to pay some wages in tips and health care credits under a guaranteed minimum compensation clause. Because the wage schedules are complex, with four categories and annual timetables determined by the size of business, benefits and cost-of-living adjustments, the bill creates an enforcement nightmare.

Socialism isn’t going to happen in one city, but Seattle has taken a remarkable, if shaky, step toward helping workers that could spread nationwide.

As the plan was hammered into a bill, it was weakened further. Franchises of fast food giants such as McDonald’s, Subway and KFC may now qualify as small businesses. There is a subminimum training wage for learners, apprentices, messengers and the disabled — a legal trick that allows fast food chains to hire and fire teenagers in an industry with 90 percent annual turnover in its workforce. The bill also encourages wage theft: Businesses need pay back wages only the first time they are caught underpaying workers and a $250 fine for the second violation.

At the May 5 hearing, Sawant read an email from a Domino’s Pizza driver lamenting the lengthy implementation timeline. He wrote, “We need an immediate hike to at least $12 hourly … Most of us are one paycheck away from financial tragedy. Living paycheck to pawn shop is no way to live when you’re working full time.”

To counter the effects of Big Business on the bill, Socialist Alternative and 15 Now are returning to grass-roots politics. On May 15, they announced they would seek to place a ballot before Seattle voters in the fall to amend the city charter. If approved, the measure, which would trump the city council’s, would raise the wages of all workers to $15 an hour more quickly. There would be no subminimum training wage and no tip or health care credit window, and all for-profit companies with more than 250 employees would have to pay $15 an hour starting Jan. 1, 2015.

Presaging a national shift?

Sawant and her party must tread carefully with what they consider an imperfect bill, not least because organized labor, a powerful force in Seattle, supports the bill and has ties to the rival Democratic Party.

David Rolf, who co-chaired the mayor’s Income Inequality Advisory Committee, which drafted the initial plan, and is the president of Service Employees International Union Healthcare 775NW, told me he stood by the “delicately constructed” deal but would support a ballot initiative if the current bill were “watered down further.” However, even after the latest changes — the training wage, weakened enforcement and loophole for franchises — Rolf responded in an email, “We fully support the ordinance submitted by Mayor Murray to the city council and encourage the council to pass the ordinance as is.”

Beyond the dance with labor, Sawant and the 15 Now movement are aware that outside parties that specialize in fighting pro-worker measures — such as the U.S. Chamber of Commerce, Americans for Prosperity and Americans for Tax Reform — could easily rumble into Seattle or the state capital, Olympia, with bundles of cash to try to overturn the measure.

Despite the flaws, Sawant offered her support for a bill that she said represented “a phenomenal shift that has happened in the city,” one that “shows leadership for the rest of the country.”

Already, politicians in Chicago and Portland are running for city posts on $15-an-hour platforms with grass-roots backing. In New York state, a socialist on the Green Party ticket is running for lieutenant governor. On May 16, Jess Spear, a member of Socialist Alternative and a climate scientist, filed to run in November’s election against Democrat Frank Chopp, speaker of the Washington state House. Said Sawant, “We want many more left challenges to the Democratic Party.”

Socialism isn’t going to happen in one city, but Seattle has taken a remarkable, if shaky, step toward helping workers that could spread nationwide.

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Fight For 15 Confidential

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On August 29, fast-food workers and supporters gather outside a Los Angeles McDonald’s to take part in a nationwide strike. (Photo courtesy of Frederic J. Brown)

How did the biggest-ever mobilization of fast-food workers come about, and what is its endgame?

by Arun Gupta In These Times November 11, 2013

The Service Employees International Union (SEIU)-backed campaign to organize fast-food workers nationwide is on a roll. It’s entering its second year in the public eye, having staged four one-day strikes, culminating in a 60-city walkout on August 29. It’s a bold move by one of the nation’s largest unions to organize an unorganized private-sector workforce numbering in the millions.

The movement has no official name, though each city-level campaign has one: Fast Food Forward in New York, Raise Up MKE in Milwaukee, We Can’t Survive on $7.35 in St. Louis, Stand Up KC in Kansas City, and, in Chicago, Fight for 15 (which refers to a $15 minimum wage and has become the name most commonly used for the national campaign). The campaign has revived the use of the strike to build worker solidarity and employs a strategy of minority unionism, which aims to build a core of militant workers who can sidestep labor law that nowadays hinders worker organizing more than abuses by management. Most importantly, the fast-food organizing campaign has set in motion thousands of working poor, mainly African Americans and Latinos, who are acting collectively to better their lives. The campaign is generating excitement that a popular movement can finally go on the offensive against corporate power.

As the fast-food organizing campaign continues to build, Marco (not his real name), an SEIU organizer in the Midwest, says, “Workers are getting empowered, standing up to their bosses, and they’re not taking shit anymore. If managers do try to clamp down, they’re going to have 60 people march into their shop and disrupt their business. The creation of solidarity that’s happening is exciting.”

Why fast food, and why now? Simply put, it’s where a dying labor movement sees the most opportunity. Private-sector union density has plunged from its peak of 35 percent in the 1950s to only 6.6 percent now. One of the key factors in labor’s decline has been the growth of the non-unionized service sector, where low wages have become the norm and workers who try to organize often face retaliation. Workers in the fast-food industry, which employs more than 4 million Americans, earned an average of $8.72 an hour in 2010.

The fast-food organizing campaign is one of many efforts to organize the low-wage sector, along with OUR Walmart, warehouse worker and university adjunct campaigns, and the spread of worker centers. But it’s the one that has generated considerable media buzz and excitement among organized labor and progressives.

SEIU says its role has been more servant than shepherd. “It’s really a privilege for us to support” fast-food workers, SEIU President Mary Kay Henry told Salon’s Josh Eidelson in August. Henry portrayed the campaign as a surprise: “We don’t yet understand the scale of it,” she said, adding that she was “amazed at the degree to which it spread.”

So what exactly did set the movement off? And could its development serve as a model for future campaigns? To discover exactly how Fight for 15 began and grew and whether we can expect similar upsurges among other groups of workers, In These Times talked to 40 low-wage workers, labor organizers, reporters, historians, union officials and media strategists. All of the more than 20 organizers and workers who discussed their involvement requested to speak on background or be identified by pseudonyms, expressing fear of damaging either job prospects or relationships with others involved in the campaign. Based on these interviews and hundreds of pages of internal documents from the campaign, In These Times can offer the most detailed examination to date of how Fight for 15 originated, what its goals are, where it might be headed and who is making the decisions.

Nearly all of the low-wage workers and organizers involved in the campaign who spoke with In These Times expressed concerns about the campaign’s direction. They made clear they do support Fight for 15—often enthusiastically—for providing space for workers to build relationships, share knowledge and, in some cases, embark on shop-floor organizing. But many questioned whether Fight for 15 is fundamentally a worker organizing campaign or a “march on the media,” and many believe the endgame will be determined by an SEIU leadership that is not in contact with the daily realities of the campaign.

How the fight began

The tale being told in the media is one of a spontaneous, worker-led uprising. In New York and Chicago, the story goes, the movement was born in early 2012 after advocacy groups organizing in low-income communities kept hearing complaints about the difficulty of surviving on fast-food industry wages. According to Bloomberg News, “The advocacy group New York Communities for Change” (NYCC)—an offshoot of the now-defunct ACORN—“originally was trying to halt planned school closings in low-income neighborhoods of Brooklyn. Organizers shifted focus after hearing fast-food jobs were keeping local residents poor.”

The official story in Chicago is virtually the same as in New York. In April, Salon reported that Katelyn Johnson, executive director of Action Now, a local organizing group also formerly affiliated with ACORN, said the Chicago-based group “took a leadership role in organizing fast-food workers after discovering on door-to-door canvasses about [bus] fare hikes that ‘people were more concerned with their jobs.’”

But three former organizers in Chicago who joined the campaign in late 2011, and two former organizers with NYCC who began petitioning in March 2012, all dispute this story. All say that from the get-go, the stated goal was to organize low-wage or fast-food workers. All say they were told within weeks or months that SEIU was funding the organizing, and all say that it became increasingly clear that SEIU was directing the campaign.

Sidney (not his real name) says that when Action Now hired him in November 2011, it was to join a campaign to raise the minimum wage. For the first few weeks, organizers armed with postcards calling for a $10-an-hour state minimum wage prowled fast-food and retail joints in the Loop in downtown Chicago and gathered names, phone numbers, emails and home addresses to meet daily quotas. But when managers started kicking the organizers out of establishments because they were talking to workers about low wages, Action Now changed tactics, according to Sidney and Maria (not her real name). Maria, who was hired by Action Now in December 2011, says she and other organizers “started to brainstorm what can attract people’s attention … and everybody said, ‘Well you know a lot of these workers take public transportation.’ So we made it about public transportation and stopping the fare hikes.” There was some media speculation around hikes at the time, but no specific proposal on the table. According to Sidney, he and Action Now organizers came up with “a scenario where the CTA [Chicago Transit Authority] was raising the prices. … From then on, we started going around to the same establishments in the Loop and telling them the CTA was going to raise the prices two, three bucks.” The tactic worked, the organizers say: The petition met with less opposition from managers than the minimum-wage postcards.

Brooke (not his real name), who was hired by Action Now in December 2011, says that despite close supervision, organizing leaders denied they were in charge: “I was told, ‘It’s all about the workers. We have to leave it up to the workers.’ Then [SEIU leadership] tells the media, ‘It’s spontaneous; the workers came to us.’ It’s duplicitous. It’s to get people to stop asking questions.”

Maria, Brooke and Sidney say they soon learned that SEIU was bankrolling the project. Sidney says that early in the campaign, Action Now leaders were meeting with SEIU officials and saying they were trying to secure money. In December 2011, SEIU’s Washington, D.C. headquarters disbursed about $36,000 to Action Now for “Support for Organizing.” Sidney says that in January, Action Now leaders told them, “SEIU is funding this, they’re happy with the work you guys are doing, so we’re going to continue for at least six months.” On January 19, 2012, SEIU headquarters contributed $191,797 to Action Now, the first in a series of donations that would total more than $3 million by year’s end.

An SEIU staffer with knowledge of union politics in Chicago explains, “Action Now here is very closely connected to the largest SEIU local in the region—SEIU Healthcare Illinois/Indiana. They have a history of cooperative, overlapping campaigns.” Starting in its first full year of operation in 2008, Action Now has received $100,000 or more annually from the healthcare local.

As for who’s calling the shots, Carter Wright, a communications organizer with SEIU, describes a bottom-up process of a movement that “emerged after organizers in those groups found that there were way too many fast-food workers making way too little money in the areas they were canvassing. They worked with SEIU to develop a campaign to build a movement so those workers could fight for better pay.” He notes. “Members of SEIU have supported groups like NYCC, Action Now and their predecessors for a long time.”

In contrast, all three Chicago organizers say that by February, SEIU personnel were coming to their offices specifically to train them in union organizing. In other words, while SEIU maintains that Fight for 15 is a bottom-up project, the organizers who did the legwork concluded that SEIU funded and directed it from early on.

Full steam ahead

By early April 2012, organizers had gathered 20,000 contacts. Then, on June 6, the day after the anti-union Wisconsin Gov. Scott Walker handily won a recall election, a supervisor walked into the Action Now office and told them it was full steam ahead with the fast-food campaign. In the previous week, SEIU headquarters had transferred more than $300,000 to Action Now. Brooke says organizers were given a rap sheet (also obtained by In These Times) and told to call petition signers and say, “We were successful in stopping the fare raise. When we were talking to you and other workers downtown we found a lot of other workers were talking about wages or lack of healthcare or lack of respect of managers. Do you have any problems like that? Would you like to meet and talk about it?”

Because of delays, the lists had grown stale. “It was hard to track down workers and talk to them, and when we did there was a lot of hesitation and fear,” Brooke says. “A lot of workers didn’t even remember signing the petition.”

In July, the first citywide meeting was held. After nearly eight months of work by more than a dozen organizers, at least $1.7 million spent by SEIU, and 20,000 contacts, Brooke says the meeting brought together “about six workers, who were all very afraid.”

Meanwhile, in New York City, SEIU headquarters started pouring money into NYCC in February 2012, outlaying more than $2.5 million by year’s end. Chris (not his real name) was hired by NYCC in early 2012 to organize fast-food workers and was dispatched to Manhattan to gather a daily quota of signatures on low-income-housing petitions. Similarly, another organizer, Carlos (not his real name), also says he was hired by NYCC in early 2012 to organize fast-food workers and spent months gathering names on petitions in favor of low-income housing and against police “stop and frisks.” Both were told SEIU was paying the bills behind the scenes. Carlos believes that “[SEIU’s] name has a lot of baggage, so they don’t want it out there. They want to funnel it through smaller organizations so it looks like more of a grassroots effort.”

In the summer, when organizers shifted to phoning workers about unionizing, Chris says he conducted a dozen one-on-one meetings with workers and “typically most workers were fearful. Most of them were not happy with their work situation, but they did not want to lose what they had.” He recalls that the first meeting in lower Manhattan in late August 2012 attracted about 30 workers, and at least two more meetings drew similar crowds before Nov. 29, 2012—the campaign’s first big strike.

Who’s calling the shots?

By early 2013, the second year of the organizing effort, the Chicago campaign was finally gaining momentum. Sam (not his real name), a cashier at a health-food store who was part of an informal committee organizing at two stores in his chain, says the Chicago Teachers Union strike in September 2012 opened space to discuss work-related issues with his coworkers, as did a strike the next month by warehouse workers just west of Chicago and the nationwide Black Friday strikes at Wal-Mart stores staged by the United Food and Commercial Workers-backed OUR Walmart campaign. These events, says Sam, “dramatically transformed” his conversations with coworkers from “Wouldn’t it be nice if we could get something going?” to “If it could happen at McDonald’s and Wal-Mart, then it could happen here.”

Looking for assistance in early 2013, Sam and co-organizers started attending meetings of the Worker Organizing Committee of Chicago, which was formed in November 2012 to lead the Fight for 15 campaign.

Sam and his co-worker Jason (not his real name) say they initially found some tactics off-putting. The decision to stage the first low-wage worker walkout in Chicago on April 24, was made a few weeks in advance, at a meeting where New York workers were flown in to talk to the Chicago workers. After a rousing description of the New Yorkers’ experience walking off their jobs, Jason says, the Fight for 15 organizers asked, “‘Who wants to go on strike?’ Everyone cheered, and of course we want to go on strike after you just hear what they said. They called it a strike vote, but it wasn’t a vote in any meaningful way. They didn’t count [votes]; they didn’t say who is opposed to going on strike; there was no discussion.”

Sam says, “If it’s been decided at some level that there will be an action on a given day, then it’s going to happen. It’s just a question of going through the motions of getting people to come to the decisions that they want them to.” Marco describes a similar process in his city: “The organizers say, ‘All the other cities have decided to go on strike on this date, do you want to join them?’ And the workers are like, ‘Yeah!’ Do I think it’s ideal? No. But do I have any better ideas? No, and that’s the problem.”

The decision to conduct a nationwide strike on August 29 was made in a similar manner, at an SEIU-led convention in Detroit on August 15 to 16 that brought together about 700 low-wage workers, organizers and staff from around the country. Sam says that on the second day, an SEIU organizer got in front of the crowd and said,“We have this idea to do a national day of action, Chicago, what say you?” According to Sam, someone preselected by SEIU stood up and replied, “We in Chicago are ready to do a national day of action.” Sam says the process was repeated with the other cities.“There had been no discussion on it previously in any meaningful sense. The first time most people [from Chicago] had heard about it was on the bus to Detroit.” Two other workers confirm they had little say in the decision other than being asked to rubberstamp a prepared statement when they showed up in Detroit.

Media frenzy

By the spring, strikes were staged in a different city every week, rolling through New York, Chicago, Detroit, St. Louis, Milwaukee, Kansas City, Washington, D.C., Seattle and Flint, Mich., and generating a national media buzz.

To help get out the word, SEIU is employing several communications consultants. Journalist Peter Rugh, who has been tracking the fast-food campaign since 2012, says that according to employees of New York-based company Purpose, which specializes in “21st-century movements,” the firm is helping with branding. In Washington, D.C., SEIU worked with M+R Strategic Services to coordinate an extensive social media effort around a May 2013 fast-food and low-wage worker strike.

Nationwide, sources say, SEIU has retained the aid of BerlinRosen. The communications firm declined to comment on the record, but Charles (not his real name), a Detroit organizer with knowledge of SEIU strategy, says his impression is that BerlinRosen is “helping in every spot” around the nation, and its work included “local communications, teamwork … advising on communication strategy, generating coverage.” He adds that, in addition to “showing strength to the workers [and] getting the community behind it,” the purpose of the campaign is generating a media buzz. In 2012, combined payments to BerlinRosen from SEIU Healthcare Illinois/Indiana and SEIU headquarters soared to $1.2 million, doubling from 2011 and tripling from 2010.

Why SEIU’s role is problematic

A few SEIU organizers voiced concerns to In These Times that airing criticisms of Fight for 15 would aid right-wing and anti-union forces trying to undermine the campaign. That may be true. But the criticisms are coming from workers and field organizers across the country who say they’re concerned that the top-down organizing may benefit SEIU leaders at the expense of the workers.

For instance, some workers say that while they welcome the spotlight, the glare can be damaging. Media generates public support, but also more pressure on organizers to turn out workers for high-profile actions. Some organizers worry that a lack of time for proper back-up or training may put workers at risk of employer retaliation.

In many instances, the fast-food campaign has vigorously defended workers against retaliatory firings by picketing the employer or filing unfair labor practices. But Jason criticizes Fight for 15 in Chicago for mounting strong defenses after a firing, but not helping workers develop skills to prevent retaliation in the first place. “The strategy is to wait until [bosses] actually fire you because they can get more publicity. But it’s easier to keep your job instead of fighting to get it back.” He believes that in general, the media emphasis undercuts shop floor organizing.

In Marco’s eyes, an SEIU action at a recent fast-food corporation shareholder meeting revealed another way that the media focus can disempower workers. He says, “I don’t like the fact that these people, the workers, are being used like pawns. Shuffle them in, shuffle them out, tell them what to say, what makes the best story for the media.”

Workers say developing solidarity and organizing and leadership skills would be more effective, as they would be able to act quickly when bosses retaliate at the job. “You can’t just call the union office and wait for someone to do something,” Jason says. “You have to be able to respond immediately and in a way that actually has power at work, and you have to have networks built with your coworkers to be able to do that.”

Chicago is one city where worker-led organizing is thriving. Sam says, “At the shop level we control the messaging, we control the tactics, we decide what we want to organize around, we motivate the strikers.” Following the April 24 strike, workers demanded a greater say in meetings. The next decision to strike, in mid-July, was a vote with a 30-minute discussion and a count of those for, against and abstaining. It passed overwhelmingly. “It represented a very big step forward in terms of the actual practices within the union,” says Jason. Now, up to 200 workers attend meetings in Chicago every other week. They have been given resources to publish a newsletter for workers to help “tighten organization between the stores.” There’s a women’s caucus where women can strategize about “sexual harassment at work and unsupportive husbands who don’t want them to be involved,” and workers can also discuss how managers use racial discrimination to divide and control workers.

Outside of Chicago, however, there’s little evidence of worker-to-worker organizing. In Seattle and Washington, D.C., sources say active workers number a dozen or less, about the same as the number of paid organizers.

Victor (not his real name) in Seattle says the campaign is faltering because workers are “babied at the meetings.” He says the process involves workers getting “amped-up” and “rubber-stamping some decisions that are already made,” which wears thin after the first meeting.

While optimistic about the campaign, one long-time SEIU staffer expresses reservations as well. “SEIU still does not have a clear picture of what to do with Fight for 15, where to take it. Some staffing here is frustrated with the very heavy and somewhat manipulative ‘media moment’ approach that ignores the voices and the democracy/development of the natural shop floor leaders who have emerged. How to begin a bottom up process is a big challenge, especially as the SEIU leadership is not fixed on that as a goal at all. … Retreat is very possible, leaving militant organizers high and dry.”

That retreat is a reference to SEIU’s troubled history, especially under the 1996-2010 presidency of Andy Stern. Many workers are wary of SEIU’s track record of “coziness with big employers, limits on internal democracy, [and] excessive deference to Democratic party leaders,” as In These Times staff writer David Moberg wrote in July 2012. Workers also fret about SEIU’s tendency to sign neutrality pacts that “surrendered basic worker rights” in return for new members, Moberg noted.

The endgame

Sam speculates that when SEIU sees “a win, they’re going to focus on it narrowly.” He says, “Then the concern becomes: What about all the other workers who are now mobilized, who have organized themselves, but don’t necessarily fit into SEIU’s focus for a win?”

And what will that win be?

SEIU appears to be pursuing several strategies simultaneously. Campaigns in Seattle and Washington, D.C., have pushed for living-wage ordinances. SEIU seems also to be interested in supporting fast-food worker centers—workplace advocacy organizations that are not formal unions. Two sources say SEIU is helping to start a new branch of Restaurant Opportunities Center United in Seattle and is considering supporting ROC chapters in other cities.

But conversations with various SEIU sources—as well as statements from the leadership and developments in fast-food organizing around the country—indicate SEIU also has a comprehensive national plan in the works, centered on the two public demands of $15-an-hour pay and the right to unionize free of intimidation. If successful, the multi-stage strategy would allow SEIU to secure collective bargaining agreements and gain thousands of new union members.

The first step is to challenge the legal distinction between a corporation and its individual franchises. Take McDonald’s: Ninety percent of its 14,000 U.S. restaurants are franchises, but the corporate parent micromanages key aspects of the business—menus, promotions, insurance, software, advertising, cleaning and so on. At the same time, McDonald’s takes pains to spell out in contracts that it has “no implied employment relationship” with a franchisee or their workers. SEIU aims to hold corporations liable for their franchises’ actions.

Second, SEIU is pouring resources into compiling data about wage theft in the fast-food sector. Sam says researchers come to worker meetings and state: “If your register is short and that difference comes out of your paycheck, come talk to us. … If you get your paycheck on a debit card and there are fees associated with it, come talk to us.” In May, Fast Food Forward, the New York chapter of the fast-food organizing campaign, released a survey finding that 84 percent of 500 fast-food workers reported at least one form of wage theft.

The third planned step, organizers say, is for SEIU to use legal liability for wage theft to pressure fast-food companies into accepting “neutrality agreements” that allow employees to unionize without management interference. Fourth, SEIU plans to mount an international campaign by enlisting unions in other countries to pressure fast-food chains with global operations.

Though several SEIU insiders confirmed on background that this is SEIU’s overarching plan, SEIU spokesperson Carter Wright would not do so, saying that “community organizations that are part of the coalition and workers continue to brainstorm and expect to experiment with a variety of actions and strategies.”

But in the interview with Salon in August, SEIU President Mary Kay Henry and her assistant Scott Courtney hinted this is the path being pursued, saying that options include a “political or legal challenge” to the fast food industry’s franchising.

2014 or Bust

The coming year could make or break Fight for 15. According to one SEIU official, “The money going into this is a gamble. These workers aren’t paying dues; they’re not financing this right now. Definitely over the next two years we’re going to have to take a look at this and see where we’re going.”

Despite the uneasiness some organizers have about SEIU’s role, others doubt that a truly spontaneous, worker-led uprising would have been possible without SEIU leadership.

“Without SEIU this shit would not have happened,” Marco says. “Fast-food workers are not going to self-organize. They’ve been so beat down for so long by circumstances and an anti-labor environment. You look at the Civil Rights Movement—a lot of that was top-down, orchestrated movement.”

But this attitude can also foster paternalism. Speaking in September, Jason says some organizers “really do think we’re stupid and we need to have our hands held and things like that.”

Still, Sam credits SEIU for “pushing people out into the struggle. It’s very easy to be critical of an organization like SEIU for its behind-closed-doors activities and top-down organizing,” he says.“This is an instance when the labor bureaucracy is encouraging people to demonstrate, to go on strike, to take action in the workplace. And I’m excited about that.”

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Arun Gupta on MSNBC’s Melissa Harris-Perry show

Sunday, March 23, 2014

Click the image below to watch the interview.

Arun Gupta appears on the Melissa Harris-Perry show on MSNBC

Arun Gupta appears on MSNBC’s Melissa Harris-Perry show to talk about pensions

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How Education Reform Drives Gentrification

A Portland teachers’ contract negotiation debunks the myth of school choice, which leaves a swath of the city behind

Emma Christ, center, a Cleveland High School senior, at a rally organized by the Portland Student Union and the Portland Teachers Solidarity Campaign. The rally attracted students, parents and other unions in support of teachers during contract negotiations. Stephanie Yao Long/The Oregonian/Landov

Emma Christ, center, a Cleveland High School senior, at a rally organized by the Portland Student Union and the Portland Teachers Solidarity Campaign. The rally attracted students, parents and other unions in support of teachers during contract negotiations.
Stephanie Yao Long/The Oregonian/Landov

by Arun Gupta Al Jazeera America March 7, 2014

Public school teachers in Portland, Ore., and their students are doing a victory lap. Nearly a year after unveiling a contract proposal that would have put the squeeze on the 2,900-member Portland Association of Teachers (PAT), the Portland School Board on March 3 approved a contract that acceded to virtually every demand from the teachers’ union.

The board was acting as a stalking horse for corporate attacks on unions and public education nationwide. It initially wanted to saddle teachers with higher health care costs, fewer retirement benefits, more students and a greater workload in a city where 40 percent of teachers already work more than 50 hours a week (PDF). The board also demanded expansive management rights (PDF) and allegedly wished to link teacher evaluation more closely to standardized testing. The PAT opposed the board, arguing that low-income and minority students would pay the heaviest price as their classes grew larger, more time was devoted to testing and resources for curriculum preparation and teacher development got slashed.

Only after 98 percent of the PAT voted to strike starting Feb. 20 — and students vowed to join the picket line — did the board blink. Alexia Garcia, an organizer with the Portland Student Union who graduated last year, says students held walkouts and rallies at many of the city’s high schools in support of teachers’ demands because “teachers’ working conditions are our learning conditions.”

The deal is a big victory for the teachers’ union in a state where business interests, led by the Portland Business Alliance, call the shots on education policy. The school board had brought out the big guns, authorizing payments of up to $360,000 to a consultant for contract negotiations and $800,000 to a law firm, despite already having a full-time lawyer on its payroll. But, emulating Chicago teachers who prevailed in an eight-day strike in 2012, the PAT went beyond contract numbers, winning community support by focusing on student needs and rallying to stop school closures in underserved communities.

Most significant, the teachers helped expose the role of education reform in gentrifying the city, making it nearly impossible for every neighborhood to have a strong school. This is a process playing out nationwide, from Los Angeles to Atlanta, Milwaukee to Washington, D.C. But it is particularly striking in Portland, so noted for quirkiness and tolerance it has spawned a hit television show, “Portlandia,” During a public forum on the contract negotiations, one teacher observed that the show was a reflection of how “we march to our own beat in Portland.” This has held true for the teachers’ approach to education.

Test scores by ZIP code

The current fight over public schools began in January 2013 when teachers, parents and students successfully blocked the board from closing or merging half a dozen schools, mainly in the historically African-American neighborhood of Northeast Portland, which had already seen two schools shut down the previous year. This helped to mobilize community support behind a vision of public education that contrasted starkly with the Portland School Board’s ideas.

The tussle over teacher contracts has underscored how cozy the board is with corporate interests that promote school ratings, standardized testing and school choice, which allows students to freely transfer to other public schools. Touted as a way to use market forces to improve schools, school choice instead creates a two-tier system.

The racial effect of school choice is stark in Northeast Portland, where more than 40 percent of the black population has been pushed out since 2000, and which is 70 percent white today. City documents reveal that more white children in the area opt for charter, magnet and public schools in other parts of the city than attend their assigned neighborhood school. For African-American children, barely one-fourth access those choices.

Sekai Edwards is a sophomore at Jefferson High School in Northeast Portland, the only African-American-majority school in the city. It’s ranked in the bottom 15 percent of the state’s schools. Edwards says Jefferson is “portrayed as failing, as having a lot of violence and gang activity, so fewer kids want to come here.” Jefferson has about 500 students, a third of the size of some other high schools in the city. Since funding is tied to enrollment, Edwards says the only foreign language offered is Spanish, and her anatomy and physiology class has 43 students in it. She says, “I just want to focus on schooling,” but with constant fears of her school being shut down, she adds, “I don’t think I’ll get that at Jefferson.”

History of displacement

What’s happening in Portland is white flight in reverse. Middle-class families eye Northeast Portland for its undervalued homes but choose different schools because neighborhood ones are pegged as bad. Declining enrollment bleeds money from already underfunded schools, making them less attractive and creating a downward spiral in which the schools are rated as failing, subsequently closed and eventually replaced by charter schools that can cherry-pick students.

School choice is layered atop a racialized terrain, allowing middle-class families to profit from lower home prices while avoiding the cost of bad schools.

As public schools in Northeast Portland shutter, black households are displaced as redevelopment pushes rents upward. Karen Gibson, a professor of urban studies at Portland State University, analyzes how government policies, banks and developers ghettoized Portland’s blacks. The history of black Portland is one of high unemployment and incarceration rates, toxic land and shoddy housing, institutionalized segregation and redlining practices, poor schools, minimal social services and overpolicing. Gibson wrote that for 40 years blacks were subjected to “predatory and exploitative lending practices by speculators, slumlords, bankers and real estate agents,” being denied routine mortgage and rehab loans or the ability to move to other neighborhoods. When Northeast Portland was slated for rehabilitation in the ’90s, government assistance, bank mortgages and business opportunities flowed to whites, while black homeowners, often not realizing how much their homes had appreciated, took below-market cash offers from speculators. For the two-thirds of black households who don’t own homes (as opposed to the 57 percent of white households who do), rising rents hit harder, as their per capita income is barely $16,000, half that of whites.

Despite decades of promises to address such displacement, the city has pushed ahead with policies that intensify racial disparities. Most recently it offered a $2.6 million parcel of land for a mere $500,000 to the billionaire-owned Majestic Realty to develop a Trader Joe’s outlet. The deal would have increased displacement without any guarantees for community hiring or affordable housing. After an outcry from the African-American community, Trader Joe’s withdrew from the deal.

Ironically, the same cultural wave that has brought “Portlandia” to young audiences has also encouraged more gentrification. The show trades on residents’ obsessive tendencies about food, facial hair, bicycling, dumpster diving — any activity untainted by mass consumer culture. But the quirky authenticity attracts new residents to the city, driving up rents and spreading the hipster culture that has colonized much of New York City, Seattle, the San Francisco Bay Area and other places. In its wake it leaves its own form of homogenization: new residents who are largely white and wealthy.

Beyond cold numbers

School choice is layered atop this racialized terrain, allowing middle-class families to profit from lower home prices while avoiding the cost of bad schools. It’s the existing residents who foot the bill. Elizabeth Thiel, an educator who has taught in five Portland public schools over the past 11 years, lives in Northeast Portland. She says the white middle-class families moving into black neighborhoods are genuinely concerned about “trying to find the best education for their kid.” But according to Thiel, the education-reform movement, with its focus on standardized testing, has legitimized the naming of schools as failures. Families thus feel justified in saying, “Well, I live in that neighborhood, but I would never send my kid to that school.” Thiel says, “People stop thinking about what a school really is. It’s a community, and community is defined by the people who participate in it.”

In fact, standardized test scores mainly measure income and race. Students from wealthier and whiter neighborhoods score higher on the tests than students in low-income black areas. Portland schools use parent-led foundations to fundraise. In wealthier neighborhoods those efforts can translate to hundreds of thousands of dollars a year to pay for support staff, technology, arts classes and electives lacking at schools like Jefferson.

Looking ahead

By the time the two sides struck a deal on Feb. 18, the school board had conceded (PDF) nearly every demand of the PAT, agreeing to hire more than 150 teachers to reduce class size, minimize changes to health care and bump pay by a modest 2.3 percent per year. Many of the concessions directly affect the learning process: The board backtracked on demands to lift the cap on how many students a teacher can have at one time and decrease the amount of time for lesson planning in elementary schools, and it agreed to allow teachers more leeway in tailoring instruction methods to the needs of students.

The success of Portland teachers in fighting off misguided educational policies could help counter the swelling inequality that is pulverizing the city’s neighborhoods. More important, by advocating for high-quality public education for all children as the building block of stable communities, the teachers have shown how to fight corporate-driven gentrification and education reform at the same time, regardless of the city.

Arun Gupta is a regular contributor to The Progressive, In These Times and The Guardian. He is writing a book on the social construction of taste. Follow him on Twitter: @arunindy.

The views expressed in this article are the author’s own and do not necessarily reflect Al Jazeera America’s editorial policy.

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The Story Behind America’s Fast Food Worker Uprising

Fast-food workers and their supporters picket outside a Burger King in Los Angeles on August 29, 2013. Photograph: Robyn Beck/AFP

Fast-food workers and their supporters picket outside a Burger King in Los Angeles on August 29, 2013. Photograph: Robyn Beck/AFP

The unions, especially SEIU, are backing this campaign for $15 wages. Some worry the workers are being used like pawns.

By Arun Gupta theguardian.com November 11 2013

The sight one year ago of scores of fast-food workers walking off their jobs and marching through the streets of New York City demanding $15 an hour was like a defibrillator to a dying American labor movement. If poverty-wage workers demanding that the federal minimum wage be doubled and they be allowed to unionize free of retaliation could win against fast-food giants like McDonald’s, KFC and Subway, then unions might finally begin to reverse a 60-year-long decline that’s seen its share of the private sector workforce plunge from 35% percent to 6.6%.

The top 10 employers in fast food alone account for 2.3m US jobs (pdf). Add in discount retailers, drug stores, clerking and material moving, and the number of workers soars to the tens of millions. The growth of part-time low-wage jobs has become a battering ram against the last citadels of unionism in heavy industry and the public sector, crushing wages, benefits, and workplace rights. That’s led organized labor to make a stand with organizing drives such as OUR WalmartDomestic Workers UnitedWarehouse Workers for Justice and the fast-food worker campaign commonly known as “Fight for 15”.

Unlike the other campaigns, however, it was unclear who organized the November 2012 walkout in New York and repeated one-day strikes this year in cities like Detroit, Chicago, Milwaukee, and Seattle. Various news reports portray Fight for 15 as a bottom-up effort in which community groups canvassing workers in Chicago and New York found low wages was the chief concern, so they reached out to unions for organizing help. But word was the 2.1 million-member Service Employees International Union was providing the know-how and money. For their part, SEIU leaders claim they’re more servant than shepherd of fast-food workers, saying, “We don’t yet understand the scale of it … [we’re] amazed at the degree to which it spread.”

In reality, a months-long investigation published today by In These Times, a Chicago-based magazine, indicates SEIU has been directing the campaign since early 2012 as part of its plan to pressure the biggest fast-food companies to strike deals to unionize workers and increase their wages.

Interviews with 40 low-wage workers, labor organizers, SEIU officials, media strategists, and analysts reveal that behind the scenes, there is widespread unease with how the campaign has developed. Workers and organizers are troubled by what they say is a lack of respect for workers, resistance to worker control, a rubberstamp decision-making process, and the overall direction of the campaign.

Insiders say that’s why SEIU is trying to downplay its role. “Brooke”, a former organizer in Chicago, says SEIU leaders tell the media Fight for 15 is “spontaneous [and] the workers came to us” because they want “to get people to stop asking questions”. (All the workers and organizers asked to remain anonymous out of concern of harming job prospects or relationships within the organizing campaign.)

“Carlos”, a former organizer on the New York City campaign, says he suspects SEIU is being coy because its “name has a lot of baggage, so they don’t want it out there. They want to funnel it through smaller organizations so it looks like more of a grassroots effort”. Labor reporter David Moberg describes that SEIU baggage as “coziness with big employers, limits on internal democracy, [and] excessive deference to Democratic party leaders”.

There is one question in particular SEIU is probably not keen to address: is Fight for 15 about organizing a long-term social movement of low-wage workers or is it a “march on the media”? Workers and organizers across the country emphasize that they back the campaign for providing space for workers to build solidarity, share knowledge and assist shop-floor organizing. But they add that SEIU is pouring resources into a PR and legal strategy that they consider dubious and which comes at the expense of building a militant workers movement within the fast-food industry.

“Rose” works with an SEIU-backed drive focused on fast-food workers in federal buildings like the Smithsonian in Washington. She says organizers are mainly “training [workers] as spokespeople, gearing them up for these one-day strikes and training them to appear on camera, and return to work without any follow-up for a unionizing effort”. Rose charges that “propping them up as media spokespeople without guaranteeing any sort of long-term protection … is very irresponsible and very hypocritical” as it puts them at risk of retaliation from their managers.

According to sources and internal SEIU documents obtained by In These Times, the union does try to protect striking workers by having community leaders and elected officials accompany them back to their jobs the day after a strike. “Jason”, a worker in Chicago, says in the event workers are fired for union activity, which is illegal, SEIU vigorously defends them by picketing the employer and filing unfair labor practices. However, the preoccupation with the media undermines this aspect of organizing as well. Jason says at least in Chicago the union has not helped workers develop skills to prevent retaliation as

The strategy is to wait until [bosses] actually fire you because they can get more publicity. But it’s easier to keep your job instead of fighting to get it back.

Some observers say this is a result of fast-food organizers being pressured to “instrumentalize their relationship with workers” by having to meet quotas for workers to sign petitions, attend meetings, fill out union cards, and go on strike. Workers say this can discourage involvement as it leaves little space for worker input or control. “Victor”, a fast-food worker in Seattle, says at meetings organizers go around the crowd, get them “amped-up” and have them rubber-stamp “some decisions that are already made”. Victor says, “It feels like there’s not very much respect being paid toward the workers and it feels childish.”

A sore point for workers is strike “votes”. At a national convention of fast-food workers held in Detroit in mid-August the decision was made to launch a one-day walkout across the country on 29 August. Workers who attended say their input was limited to being presented with a prepared statement to endorse when they showed up at the hotel after a day of travel. “Sam”, a worker from Chicago, says:

If it’s been decided at some level that there will be an action on a given day, then it’s going to happen. It’s just a question of going through the motions of getting people to come to the decisions that they want them to.

At the same time, workers in Chicago say union organizers were responsive to demands for more input, resources and control. Sam says, “At the shop level we control the messaging, we control the tactics, we decide what we want to organize around, we motivate the strikers.” Jason says workers now have a newsletter to help “tighten organization between the stores”. There’s a women’s caucus where women strategize about “sexual harassment at work and unsupportive husbands who don’t want them to be involved”, and workers also discuss how managers use racial discrimination to divide and control workers.

Outside of Chicago, however, there’s little evidence of worker-to-worker organizing. In Seattle and Washington, sources say active workers number a dozen or less, about the same as the number of paid organizers.

Workers’ main concern right now is that SEIU’s strategy will leave them out in the cold. It appears that SEIU is pursuing several strategies simultaneously. One effort is living-wage laws in Seattle, Milwaukee and Washington. Two sources say SEIU is also supporting fast-food worker centers – workplace advocacy organizations that are not formal unions – such as a new branch of Restaurant Opportunities Center United in Seattle.

But SEIU also has a comprehensive national plan centered on the two public demands of $15-an-hour pay and the right to unionize free of intimidation. If successful, the multi-stage strategy would allow SEIU to secure collective bargaining agreements and gain thousands of new union members. One SEIU official admits this is a primary concern because “the money going into this is a gamble. These workers aren’t paying dues; they’re not financing this right now”.

SEIU’s first step is to challenge the legal distinction between a corporation and its individual franchises. Take McDonald’s: Ninety percent of its 14,000 U.S. restaurants are franchises and are solely responsible for employees, but the corporate parent micromanages key aspects of the business—menus, promotions, insurance, software, advertising, cleaning and so on. Based on this, SEIU aims to hold corporations liable for their franchises’ actions.

Second, SEIU is compiling data about wage theft in the fast-food sector. Sam says researchers come to worker meetings and state: “If your register is short and that difference comes out of your paycheck, come talk to us. … If you get your paycheck on a debit card and there are fees associated with it, come talk to us.” In May, Fast Food Forward, the New York chapter of the fast-food organizing campaign, released a survey finding that 84 percent of 500 fast-food workers reported at least one form of wage theft.

SEIU’s third planned step is to use legal liability for wage theft to pressure fast-food companies into accepting “neutrality agreements” that allow employees to unionize without management interference. Finally, insiders say SEIU hopes to enlist unions in other countries to mount protests and possibly use pension funds to pressure fast-food chains with global operations, which is they it’s focusing on corporations with extensive overseas operations.

Jason, however, calls this “a strategy for failure”. He says even a prominent company like McDonald’s has little to fear from a PR campaign as their customers who consume burgers of unknown origin are less interested in the conditions of workers slapping them together.

In an email, one long-time SEIU staffer summed up the ambivalent feelings toward the campaign, enthused by a new generation of labor organizers, while fretting about the union’s checkered record. “SEIU still does not have a clear picture of what to do with Fight for 15, where to take it. Some staffing here is frustrated with the very heavy and somewhat manipulative ‘media moment’ approach that ignores the voices and the democracy [and] development of the natural shop floor leaders who have emerged. How to begin a bottom up process is a big challenge, especially as the SEIU leadership is not fixed on that as a goal at all. … Retreat is very possible, leaving militant organizers high and dry.”

• For the full report, go to In These Times.

 

 

 

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How I Called the Cops and Almost Got Shot: the Politics of Being a “Threat”

2013_0910gun_

On this national day of protest against police brutality, Reporter Arun Gupta recalls an incident years ago in New York City when he stared down the barrel of a police gun because he “looked like a suspect.” 

By Arun Gupta  September 10, 2013 truth-out.org
It was night. I was winding down, watching “Star Trek” in the living room when Irene yelled in panic from the back of our railroad flat in Brooklyn. A few seconds later, she emerged half-dressed and red-faced. “Some guy tried to climb into my bedroom from the fire escape. But I screamed, and he ran off,” she panted in her Irish brogue.

Grabbing the phone, I dialed 911 and said a guy had tried to break into our apartment but had fled. “They’re in your apartment?” the dispatcher asked. “No! It was an attempted break-in. They’re gone.” I emphasized, “Attempted, attempted. They are long gone.” I walked toward Irene’s bedroom and from her window adjoining the fire escape blue-and-red lights flashed in the dark as a police cruiser rounded the corner.

We shouted to the cops that someone tried to break in but hightailed out because of the commotion. They asked where the prowler was. “I don’t know. They’re probably nearby.” The cops remained in the car, seemingly uninterested in searching for the suspect.

As Irene gave the cops more details, there was pounding on the front door. “I’ll get it,” I said, striding down the hall. Fists hammered on the door. “Who is it,” I asked. “Police. Open up!” I peered through the eyehole, but the figures were obscured. “Step in front of the peephole,” I said. “Open the fucking door,” a male voice bellowed.

Well, I figured, I was the one who called the cops, so who else could it be? I swung the door open and to my side was a black female cop with her gun drawn, pointed upward, and in front of me was a white male cop standing on the stairs in a two-handed shooting stance with his gun resting on the banister pointing directly at my head. As I stared down the barrel of his nickel-plated revolver, the warning from my friend Greg, a born-and-bred Texan, flashed in my head. “Always be wary of a cop who has a nickel-plated revolver. It means they spent $500 on their own gun, and they’re eager to use it.”

“Put your guns away,” I blurted at the African-American cop. With a head shake, she shot back, “Don’t tell me what to do.” Meanwhile the male cop yelled, “Step out of the fucking apartment.”

It dawned on me that they thought I was the suspect.

But they didn’t consider that I was unarmed, barefoot and wearing only underwear and a T-shirt – or why an intruder would open the locked door when there were plenty of windows to escape from in the apartment. I hollered, “I was the one who called 911. I told them the guy fled.” The male cop kept baying, “Get out of the fucking apartment,” and I countered, “This is my fucking apartment.”

At that point Irene entered the three-way fray and exclaimed, “What in Christ’s name are you doing? He’s my roommate.” The cops lowered their guns, and as we continued yelling they looked at each other and then bolted.

“Jesus Christ, they thought you were the burglar,” Irene said as we closed the door. I rolled my eyes, “Fucking pigs.” This is the point in the story where I’m supposed to say I started shaking when I realized my brains were almost turned into modern art on the wall behind me. But I didn’t because I was unscathed. I did figure they flew the coop quickly because they were about to execute some street justice on me and didn’t want us to get their badge numbers.

I was pissed they assumed I was enough of a threat to warrant the possible use of deadly force. I was pissed that what saved my South Asian ass was my female Irish roommate. (And I was pissed I missed the end of “Star Trek.”)

If the cops had killed me, it would have been the word of New York’s finest against my corpse. The story would have been they were responding to a break-in. I was a suspect who was being uncooperative, belligerent, even threatening. In the unlikely event they were charged with a crime, the cops would have been acquitted because their perception was I was a threat. That perception was based mainly on the fact I’m a dark-skinned, broad-shouldered male. I would have been another Trayvon Martin or Amadou Diallo, who was plugged with 19 bullets in 1999 after four cops stopped him in his Bronx apartment building because he “looked like a suspect.”

Like Martin’s, Diallo’s killing spurred a movement against racial profiling, which led to a court order in 2003 forcing the NYPD to release data on stop-and-frisk practices every three months. But my death would have been a footnote, because it would have happened right before Rudy Giuliani became mayor in 1993 and aggressively expanded stop-and-frisks. Back then, few people were aware of the lax protocol for police stops. I was certainly clueless in 1990 when I felt the humiliation of a police stop in a subway station because they said I “looked like a suspect.”

The problem with stop-and-frisk is the wide discretion given to cops’ perception, cops whose views are shaped more by centuries of social prejudices than a few months in the police academy. Cops, soldiers, even armed vigilantes can get away with murder by claiming they felt threatened. The law takes stereotypes like black criminals, Mexican gangsters and Muslim terrorists and transforms them from subjective irrationality into objective criteria. George Zimmerman would never have been acquitted if he had gunned down a 17-year-old blonde cheerleader. That’s why I could have been on the roll call that includes Diallo, Martin, Sean Bell, Ramerley Graham, Oscar Grant and hundreds of others.

Stop-and-frisks are known as “Terry stops,” referring to the 1968 Supreme Court case Terry v. Ohio, which carved out an exception to the Fourth Amendment. It was the first time “the Court allowed a criminal search and seizure without probable cause,” and subsequent case law further loosened the standards for a stop. The court ruled police need only “reasonable suspicion” to stop someone, and the “sole justification” for a frisk is “to discover guns, knives, clubs, or other hidden instruments for the assault of the police officer.”

Terry was shaped in an era of “social upheaval, violence in ghettos and disorder on campuses,” and handed down right after the assassinations of Martin Luther King Jr. and Robert Kennedy. The liberal Warren Court was under attack from the right for “coddling criminals,” and Richard Nixon’s “law and order” presidential campaign fanned the flames to such a degree that ” ‘Impeach Earl Warren’ signs appeared along highways in most parts of the country.”

The justices capitulated to the law-and-order climate by asserting police conduct involved the “necessarily swift action predicated upon the on-the-spot observations of the officer” drawing on “his experience.” The high court made this explicit 12 years later in United States v. Cortez when it “directly instructed lower courts to defer to the judgment of police.” Given the historical antagonism between an overwhelmingly white police force and ghettoized communities, it made racial fears central to policing. In Cortez, the justices also implied police actions were beyond public scrutiny: “A trained officer draws inferences and makes deductions … that might well elude an untrained person.” So if the police decide inner-city blacks and Latinos are violent or prone to crime, then the courts should defer to the police as the most capable of making and acting on those judgments.

This is why it took 14 years to take a bite out of stop-and-frisk. Of the 4.8 million stops conducted by the NYPD in the past decade, five in six of those stopped were black or Latino. They were more likely to be frisked than whites but less likely to be found with a weapon. Digging into the 685,724 stops in 2011, the New York Civil Liberties Union uncovered two astonishing facts: the “number of stops of young black men exceeded the entire city population of young black men (168,126 as compared with 158,406), and in six precincts where blacks and Latinos make up 14 percent of the population or less, they accounted for 70 percent of stops. Independent studies have determined “race predicts stop-and-frisk patterns even after controlling for variables like crime rates, social conditions and the allocation of police resources.”

Since 2003, of the 570,000 people arrested or given a summons, nearly 90 percent are black and Latino, creating a circular logic. It’s reasonable for police to stop, frisk and arrest black men and Latinos because they are more likely to be involved in criminal activity because police are arresting so many of them.

That’s the logic of New York Mayor Michael Bloomberg, who claims cops “disproportionately stop whites too much and minorities too little.” Because of Terry, Bloomberg and top cop Ray Kelly have to say they’re taking guns off the streets to justify ratcheting up stop-and-frisks sevenfold since 2002. But cops have had to stop an average of 833 people in recent years to find one illegal gun, and stop-and-frisks are so inefficient that they produce fewer arrests than what police typically achieve at random checkpoints.

Bloomberg’s attitude flows down the command chain and reinforces prejudices that blacks and Latinos are more prone to crime. It’s also codified in the law where reasonable suspicion exists for anyone in a “high-crime area” and who moves away from police. In the 1.62 million stops from 2010 through June 2012, the three most cited factors lack individual specificity: high-crime area at 61 percent, “furtive movements” at 54 percent and time of day at 43 percent. (Multiple factors are usually cited, and the nebulous categories of “evasive response,” “proximity to crime scene” and “changed direction” account for another 65 percent.) But expert analysis finds 86 percent of these stops can still be justified, an additional 10 percent could not be categorized and a mere 4 percent were “apparently unjustified.” So with a few tweaks, the NYPD can still profile entire communities.

This does not detract from the dogged grassroots effort against stop-and-frisk in conjunction with the legal strategy pursued by the Center for Constitutional Rights since 1999. It has won landmark victories like US District Court Judge Shira Scheindlin’s August 12 ruling that the NYPD is engaged in “indirect racial profiling,” which the “city’s highest officials have turned a blind eye to” in violation of the Fourth and 14th Amendments. Scheindlin appointed an independent monitor to “end the constitutional violations in the NYPD’s stop-and-frisk practices,” and the City Council passed a bill authorizing “an outside inspector general with subpoena power to study and make policy recommendations to the department.”

Bigger battles lie ahead beyond the hostility the NYPD likely will mount to many reforms. The next step is to wipe away the stained legacy of Terry, which is essential to the New Jim Crow that consigns many African-Americans to the bottom of the barrel. Since the 1963 March on Washington, the relative status of blacks compared with whites is virtually unchanged in terms of poverty, earnings, wealth and unemployment. When it comes to imprisonment, the rates are worse.

The drug war and an eightfold increase in the prison population since 1970 have forced millions of blacks and Latinos into a shadow workforce. I’ve encountered the results in Niles, Ohio, where striking steelworkers told me the factory owner was using ex-convicts as strike breakers, and in the Chicago warehouse industry, where workers say about half the workers have criminal records and are desperate for any employment, which allows management to force down wages and deny workers basic rights.

I know what it’s like to be a problem. The police have stopped and interrogated me; cops pulled guns on me in my own apartment, and I regularly win the Homeland Security interrogation lottery when entering the United States. But in general my social status affords me protection.

My daily life is not defined by a system that conflates race with danger. My school was not patrolled by scowling cops packing heat. My job options were not limited to flipping burgers or slinging rock. My friends didn’t cycle between prison and parole. My neighborhood isn’t swarming with so many cops that kids lift their shirts to indicate, “There’s no reason to stop and frisk me.”

Yet that night in my apartment, my background didn’t matter: The clichés about a clean record, a good background, an upstanding citizen. The cops didn’t know that, but they knew I willingly opened the door, I was unarmed and in my underwear, I explained I called 911, but I was guilty. I got a nickel-plated taste of how policing reflects social prejudices.

Oprah Winfrey and Barack Obama aside, there’s a desperate need for a new Reconstruction today as much as there was 50 years ago, when the tide shifted against America-style Apartheid. The much-needed judicial and legislative victories against stop-and-frisk do not address how individual fears harden into iron bars of segregation. And while the race line has blurred into class, we are still two countries, separate and unequal.

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Moshed in the Pit of Capitalism

by Arun Gupta, truth-out.org, op-ed, June 16, 2013

Delighted attendee Gupta opines that while the Coachella music and arts festival “may be the zenith of hipster culture” – with extraordinary food choices, music, flamboyancy and release, drugs and friendliness – “It’s all Walmart economy.”

Fans listen to a set by Nicky Romero at the Sahara Tent during the Coachella Valley Music and Arts Festival in Indio, Calif., April 12, 2013. (Photo: Chad Batka / The New York Times).

Fans listen to a set by Nicky Romero at the Sahara Tent during the Coachella Valley Music and Arts Festival in Indio, Calif., April 12, 2013. (Photo: Chad Batka / The New York Times).

Within 20 minutes I had been clocked in the face, pummeled by flying bodies and stripped of clothing. It was the best mosh pit of the day, and I wanted more. Hundreds thick of body or reckless by nature were circulating in a blender of whirling arms and legs propelled by the freneticism of The Descendents. It was exhilarating not knowing if I would be the bat or ball next. There was little risk of death or injury that led the Smashing Pumpkins and Fugazi to ban moshing at their concerts. When I fell down, hands pulled me up, backslaps were exchanged, and the good times rolled.

Bill, my companion at Coachella, remarked as another surfer was catapulted on top of the crowd, “It’s a great way to let out your social aggression.” I grinned in agreement as we dove into a wave of slam dancers surging and crashing.

After scoring a free ticket to the three-day Southern California music-and-arts festival, I cruised to the desert town of Indio with scant knowledge of the 175 acts rotating through eight venues, hoping I wouldn’t be bored. As I entered the 2.4 million-square-foot polo grounds, my anxiety vanished because it was an ADD delight. I wandered from one act to the next, people-watched, self-medicated, and tripped out on colossal mechanical insects and wind-sculpted balloon chains painting the sky.

Star power like Red Hot Chili Peppers, Yeah Yeah Yeahs and Nick Cave attracted a record 90,000 pilgrims each of two weekends in April, but the real draw was the crowd itself. In the digital age, unlimited music is on tap anytime, anywhere, and music-discovery services have reduced the search for the new from prowling obscure clubs and rifling stacks of unknown albums to opening a browser. It’s the shared live experience and the chance to star in your own social media firmament – by posting obsessively to Twitter, Facebook and Tumblr – that’s elevated Coachella to the Superbowl of Rock ‘n’ Roll.

It’s revived the music-festival genre, along with events like Austin City Limits and Bonnaroo, for fans who treat concerts like iPods, shuffling from one act and genre to the next. Today’s festivals are far removed from the first rock concerts of the ’60s that were “beachheads of a new, ecstatic culture meant to replace the old repressive one,” notes Barbara Ehrenreich in Dancing in the Streets.

Now in its 15th year, Coachella is the highest-grossing festival in the world. For the region it’s a quarter-billion-dollar revenue generator, which outstrips Jamaica’s GDP on an annual basis. Tickets run up to $800, luxury Safari tents top out at $6,500, and everything costs: parking, water, showers, even charging phones. The dominant tribe is money-flush youth with the will to endure three sleepless days of being mashed in a delicious sound taco of Indie rock.

But Coachella is also the modern incarnation of medieval carnivals that revealed “another way of life that stood in stark contrast to the austerity and fixed hierarchy of the official order,” notes Al Sandine in The Taming of the American Crowd. We may imagine festivals like the original May Day, that celebrated the return of spring, to be as timeless as nature, but they are inventions, like Labor Day, Independence Day and Armistice Day.

Late 18th century French revolutionaries “invented a series of public events intended to furnish the novel and exciting world that had fallen into their hands with a revolutionary culture,” writes Sandine. These were solemn affairs with “maidens dressed in white” and ceremonies “marking brotherhood between rival villages,” but the desire for carnival could not be suppressed. On the first anniversary of the fall of the Bastille, the orderly military parade in Paris turned into a days-long celebration with “parties, dances and parodies.” In the town of Saint-Andéol, Sandine quotes a contemporary describing a “love-feast,” where ” ‘wine flowed in the streets, the tables were spread, provisions placed in common,’ and people joined hands in an enormous dance extending outward ‘into the fields [and] across the mountains.’ ”

Libidinous festivals still exist in the global south, such as Rio’s Carnival and India’s Holi. Our public parties, Halloween and St. Patrick’s Day, are associated with frat-boy culture or are sanitized like Macy’s Thanksgiving Day Parade. Libertine exceptions remain, such as Mardi Gras, Pride and Burning Man, but they have survived by adapting to the market. Radical noncorporate celebrations such as Rainbow Gatherings and Critical Mass tend to be squashed.

Because unplanned festivals are rare, they can be wildly popular. Tens of thousands joined Occupy Wall Street as it was a spontaneous outburst of history and living theater. Democratic, free, participatory, dangerous, unpredictable and open to all, Occupy was unlike the gated festivals that have colonized public space with pacified crowds.

While the elite used to fear the frenzy of the crowd, mega-festivals profit from assimilating the defiance and aggression of rock music. Coachella has successfully enclosed the ancient dance of joy and aggression around a bonfire. Bottling youthful rebellion draws devotees from Sydney, London, Tijuana and Hollywood for nostalgia and novelty, eros and excess. And it’s filling a primal need for mass, spontaneous revelry that’s largely disappeared from America.

Rob, 24, an expressionist artist who jetted in from New Zealand, said, “It’s the best music festival in the world.” Jane, a schoolteacher from Burbank had been dying to attend because her friends deemed it “epic.” “Was it epic?” I asked. “It was epic,” she replied with a delirious grin. “Teddy Bear,” a 20-something bro outfitted in more digital media than clothing, wondered how to optimally balance his intake of Acid, Mollies, and Sassafras with alcohol.

Cynics sneer at the vapid self-indulgence. Desperate-to-be-cool attendees gush about fake bands. Lindsay Lohan delayed her court-ordered rehab to after the festival, a smart move for the Adderall and Xanax-popping train wreck as drugs are cheaper and easier to score than food. There’s little nostalgia for rock’s muddy, tie-dye, bad-trip roots. Today’s hippie chicks buy fake flower headbands; music stars outsource their beats; and the 40,000 campers herded into the tent Serengeti eye the air-conditioned VIP quarters with envy.

But criticizing the base desire misses the point. Excess is the goal, and everyone is participant and spectator in the swirl of drugs, performance, fashion, art and above all, flesh. It could overwhelm, like the two sweaty groundskeepers who stood frozen with beer in hands as a flood of pecs and boobs, abs and butts coursed around them. One of the most popular spots was where the water guns were spraying overheated crowds dancing to DJ sets behind the motor-home-sized psychedelic snail oozing a foamy mucilaginous trail. Under the cooling jets, hundreds gyrated in slippery polyamorous frottage like wriggling spermatozoa building to a crescendo.

Without sex and drugs, attendance would probably dwindle to that of a minor-league baseball game. But there’s more to it than that. By feeding the need for human connection, Coachella’s revived the festival scene. The promise of an interconnected world on demand has turned out to be two-dimensional and alienating. Iron-fisted policing has scared most Americans away from political crowds. Shared intimacy is elusive – even though every form is on sale from baby making to funeral mourning. That leaves bars, shopping and sports, all of which lack genuine community.

Coachella is so immersive, it feels like its own universe, which makes it hard to imagine another way of life beyond its utopian consumerism, sustained by austerity. We were all atomized consumers whizzing in a giant particle accelerator to explosive energies, unable to escape the electromagnetic spectacle. If Coachella is a universe, the dark energy holding it together is the free market.

There’s little space for politics. Reggae and dub pioneer Lee Scratch Perry chanted, “I am a Black Man” and “Burn IMF.” Flea declared, “We don’t like guns, and we don’t like drones,” and the Sparks crooned the biting crowd-mocker, “I am a Suburban Homeboy.” The words felt out of place because political music is a product of social struggle by the poor, peasants and workers, not West LA stoners.

Moments did defy cynicism. For her finale, a white-clad Janelle Monáe paddled across a sea of hands. She hypnotically drew us in with our eyes and hands reaching skyward to form the surf to buoy her. After Monáe passed overheard, not before timidly clasping my left hand – which I eventually washed – the crowd returned to earth. With faces aglow, we hungered to share the joy. But the fire dimmed when I caught the eye of a stranger rather than a friend. Like a good drug it was transcendent, but not transformative. Collectively we created a fond memory, but we couldn’t connect to each other.

Coachella may be the zenith of hipster culture – food choices included Kogi BBQ, wood-fired pizza, espresso bars and a farmer’s market – but it’s all Walmart economy. Its sustainability program encourages carpooling, not to save the planet, but to help it pare parking and personnel costs. It extracts unpaid labor from concertgoers by providing a free bottle of water for every 10 empties turned in. The youth who worked the water stands pleaded for tips, explaining they were unpaid, apart from free admission. Two leathernecks from Camp Pendleton, who had ditched their security guard posts, also claimed they were unpaid, with their Marine Corps battalion receiving their wages. Other guards said they were paid less than $10 an hour to work fully clothed in 100-degree weather and dust and pollen so intense that many people acquired “Coachella cough.”

Coachella Valley is one of the “poorest, densest areas” in the country, with farmworker families contending with “arsenic-tainted water, frequent blackouts and raw sewage that backs up into the shower.” Latinos at the festival were more likely to be low-wage manual laborers than well-heeled partiers at the Rose Garden bar. The workers are hired through layers of subcontractors, notorious for skimping on benefits while violating labor rights.

On Monday, a few dozen workers cleaned one of the vast fields that had corralled tens of thousands of partiers. Ron, a security guard who works the festival circuit, gave me a glimpse of the underbelly. He indicated the official attitude toward drug use was “I know nothing!” While festival workers diligently advised, “Make sure to stay hydrated,” there was no attempt to curb the pervasive and open drug use. Ron claimed one camper, arrested after stabbing a man in the groin and neck after finding him with his girlfriend in his tent, was found with 5,000 doses of ecstasy to sell. “What about sexual assaults?” I asked. “That’s not a problem,” Ron said. “But some of these girls are asking for it.” He paused. “I mean, no one’s asking to get raped, but have you seen the way they dress?” Security’s main concern was jumpers hurdling fences to get in for free and busting rings peddling counterfeit wristbands. Ron said violence was minimal compared to Stagecoach, the country music festival the following week. He explained many guys would get hammered drinking all day and then “wail on each other.” Unlike Coachella, Stagecoach’s web site is blaring with warnings about excess drinking, violence and public sex.

At that point, Ron’s partner dragged him away. A backhoe had struck a water main and a geyser was turning the road into a lake. A gaggle of workers exited the cleaned field; the only remaining evidence of Coachella was rows of thousands of square patches of grass yellowed by tents. The workers grabbed a patch of shade, and each one foraged through a clear plastic bag, examining hauls of T-shirts left behind. After a few minutes they were rounded up to clear the next field. One worker was absorbed in examining his stash – nearly as big as himself. He looked up, grabbed his bag and struggled to run after his crew as they disappeared in the distance.

Copyright, Truthout. May not be reprinted without permission.

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What Happened to the Green New Deal?

Truth-out.org

by Arun Gupta

Out of the ashes of Obama’s green-collar vision, a worker-run business may point the way to the economy of the future.

Last election, Obama had an economic plan and wasn’t afraid to embrace government as a primary creator of jobs. With markets melting down, almost half a million people being fired a month, and automakers and banks emitting a death rattle, Obama presented a sweeping vision of tackling health care, global warming, a rogue Wall Street and reshaping the decaying industrial economy with a green-collar one. Liberals dubbed it a Green New Deal and fantasized about the land blossoming with solar panels, electric cars and high-speed trains as new regulations cut corporations down to size.

Obama botched the plan, however. He inflated hopes in 2008 that his policies would create 5 million green-collar jobs in a decade. He then skimped by allocating only $90 billion in stimulus money for clean energy, producing a measly 225,000 jobs after 18 months by the White House’s own estimates.

Republicans blasted Obama’s green economy as failed central planning imported from Europe. They believe the government that’s best is the one that governs the least. Its purpose is to spur the private sector, but how it does so is mysterious. This was Romney’s position, but it seems to have become Obama’s, as well. During the election campaign, the two mouthed the same invisible-hand mumbo-jumbo, offering little chance of reviving an ailing economy.

In the real world, corporations clasp onto the public teat like squealing piglets. Big business would starve if deprived of state-organized central banking, transport, electricity, water, sewage, courts, zoning, police, environmental remediation, customs and labor regulation. Pick an industry and you’ll find tailored public aid. Banks and car makers get bailouts; energy and forestry companies mine, drill and log public lands; the health care industry thrives thanks to the Food and Drug Administration (FDA), National Institutes of Health (NIH), Medicare and Medicaid; agribusiness soaks up crop insurance and subsidies; home construction is built on Fannie Mae, Freddie Mac and the Federal Reserve; and perhaps the largest part of the economy – the military-surveillance-police-and-prison sector – is assembled piece by piece by government.

Clearly, government policies create many millions of jobs. (That’s not counting 22 million government employees and an estimated 14 million other jobs created by government contracting and consumer spending by public-sector workers.) This is known as industrial policy. Every country does it, and the United States is no exception. We just tend to do it worse because it is heresy to question the god of the free market. If the public realized how much big business depended on public support, then there might be a loud clamor for more activist government.

The lesson is not that the Obama administration did too much to spur a green economy; it did too little. Answers to why the green-collar economy withered and where its future may lie can be found in the story of Serious Energy and workers from the former Republic Windows and Doors factory in Chicago.

A New Era

Obama’s green jobs plan had one missing element – labor. A healthy economy requires plenty of good-paying, stable jobs with benefits. However, the titans of Wall Street aren’t going to voluntarily give up profits so the proles can get better wages and social programs; the proles have to fight for it.

As if on cue, a glimmer of labor’s revival emerged after Obama’s election. On December 5, 2008, 240 workers at Republic Windows and Doors staged a sit-down strike after receiving notice that their factory would be mothballed. The workers, members of Local 1110 of the United Electrical, Radio and Machine Workers of America, raised expectations that a wave of labor militancy could turn the tide against runaway corporate power.

Soon, all the elements came together. Serious Materials, a clean-technology firm, purchased the bankrupt Republic plant, which specialized in manufacturing high-energy-efficiency windows. Serious Materials (since renamed Serious Energy) billed itself as a green-economy pioneer ready to revolutionize manufacturing with green products. Obama’s stimulus would open up the market for its goods. And Serious was intent on showing profits, sustainability and social responsibility were compatible by keeping the unionized workforce in place.

Serious was one of many companies that hitched its wagon to Obama’s plans to green old markets and catalyze new ones. Despite shifting business models, Serious flailed along with the green economy. Now, Serious is no Solyndra, the solar-panel manufacturer that defaulted on a $535 million taxpayer-backed loan. The Republicans successfully saddled Obama with Solyndra’s bankruptcy, turning it into “a case study of what can go wrong when a rigid government bureaucracy tries to play venture capitalist and jump-start a nascent, fast-changing market,” as he Washington Post called it. Serious shows the private sector can be just as wrong. Ten venture capital firms poured more than $140 million into Serious and have little to show for it.

But rising out of the ashes are the Republic workers. They’ve raised hundreds of thousands of dollars to purchase machine tools and lease factory space to open the New Era Windows Cooperative. Modeling themselves on cooperatives in Argentina’s recovered factory movement and Spain’s Mondragon, the New Era workers will collectively decide how to manage the business, what products to manufacture and what to do with the profits. While they make green windows, they hope to inspire other self-managed enterprises across the United States and could provide an alternative to free-market capitalism.

Ironically, if New Era succeeds, it will do so with zero government support. One might have expected both presidential candidates to heap praise on the cooperative. Romney could have touted the workers’ entrepreneurial initiative, while Obama could have pointed to it as a new model for domestic green manufacturing.

In terms of Serious and Solyndra, their breakdowns are par for the course. The clean-tech sector is littered with so many casualties it looks like a Civil War battlefield. It is an unavoidable part of the process, and the Obama administration made a big mistake in shrinking away from failures.

Josh Whitford, a professor of sociology at Columbia University who studies industrial policy, says, “Novel technologies are areas in which the rewards are very uncertain and where a lot of things will not pan out. Venture capitalists deal with this by funding lots and lots of companies in the hopes of hitting a winner. They expect a lot of their investments to fail. In fact, if none failed, they’d think they were too far from the ‘possibilities frontier.'”

Government’s goal, says Whitford, “is not to hit a big financial winner, but to promote policies judged to be socially beneficial. He explains, “In the case of industrial policy, the purpose is often to push a technological direction,” such as cutting-edge clean energy that benefits society by curbing greenhouse gasses. Government is up against the same constraints as venture capitalists, however. Whitford says it does not know which projects will succeed. “So, government should, like venture capitalists, be spreading resources around and betting on multiple horses in the hopes that some do win. If the government has no failures, it’s being too conservative.”

Windows of Opportunity

The story of Serious and the Republic workers begins in 2007. Serious Material was planning to market EcoRock, which it touted as requiring only 10 percent of the energy used to make standard drywall. It raised $50 million to build factories in the United States that could crank out 400 million square feet of EcoRock a year. It’s the type of project that excites wonks: Serious Materials would reinvent the archaic drywall industry, which spews out more than 20 billion pounds of carbon dioxide annually, with a stateside 100-kilowatt solar-power plant that would create hundreds of good-paying manufacturing jobs while eliminating nearly all greenhouse gas emissions.

To make the product viable, Serious was counting on Obama enacting a cap-and-refund carbon tax. As small-batch production of EcoRock costs nearly twice as much as regular gypsum drywall, it needed a carbon tax to entice contractors to use it. But the carbon-tax bill died in Congress, so EcoRock was doomed to the green-building niche. This added to Serious’ woes because it jumped into the building market just as the economy collapsed in 2008. Furthermore, EcoRock may be great for the environment, but not for the bottom line. As one report noted, it “does not insulate or curb power consumption in buildings.” In 2010, CEO Kevin Surace explained to Greentech media that Serious “never pulled the trigger” on constructing a full-scale factory because “Gypsum (drywall) plants are 75 vacant.”

“New construction is down 80 percent from the peak,” said Surace.

Flush with cash to build factories, Serious Materials pivoted to plan B: manufacture windows that slash heating and cooling by 40 percent. Even though home building was in the dumps, Serious calculated that it would “ramp up production [in 2009] by tenfold” because of anticipated demand. It had been in the windows business for a few years, and in 2008, it purchased Alpen Windows in Colorado. In 2009, it added the defunct Kensington Windows factory in Pennsylvania, where 150 workers had been booted out of work the previous year.

The real prize was the Republic factory. The workers there won $1.75 million in wages and benefits after a six-day-long sit-down strike. They were unemployed, however, joining more than 600,000 workers who lost their jobs in December 2008. With 4,000 news articles published on their fight, Serious was paying attention. At Serious’ headquarters in Sunnyvale, California, CEO Suracewatched the drama unfold and pondered riding to the rescue of the beleaguered facility.

An engineer and entrepreneur, Surace first considered the downside. He told Inc. magazine: “The workers were up in arms. The equipment had been pillaged. The computers were destroyed. The customers didn’t want to buy. The records weren’t accurate. There was no management team. No one but the craziest person on earth would take over that.”

At Serious Materials’ holiday party that December, co-founder Marc Porat pushed Surace to consider the upside: “Think what can happen! We’re creating green-collar jobs. We’re creating an energy-efficient product. We’re hitting climate change. And it’s Chicago!”

“It will come to the White House’s attention,” said Porat. “It’s a perfect expression of their policy.” According to a detailed account in Inc., which named Surace “Entrepreneur of the Year” for 2009, the board of Serious Materials approved the acquisition of the idle factory based on “owning one of the largest window-glass facilities in the country, with a seasoned work force and a fabulous location.”

Not lost on anyone was the “public relations potential” of aligning with the Obama administration’s plan for a green-collar economy. The stimulus included $5 billion for the Weatherization Assistance Program. Much of this was for tax credits for energy-efficient retrofits that included windows. Serious was eager to cash in because its windows exceeded Energy Star ratings by up to 400 percent.

Surace became a rock star in the clean tech field, hit the TED circuit and shared stages with politicians. He gave Sen. Mark Udall (D-Colorado) a tour of Serious Energy’s Boulder facility, wielded scissors with Pennsylvania Gov. Ed Rendell for a “green ribbon-cutting ceremony” at the Kensington plant, and basked in the limelight with Joe Biden as the vice president heaped praise on the re-opened Chicago factory. Surace was on a mission to save the world from climate change with green windows and drywall that would generate serious greenbacks for Serious Materials’ investors.

Despite the grim economy, Serious hauled in $60 million from investors in 2009, one of the largest venture capital deals of the year, and its backers were salivating. In a newsletter from 2009, the Chicago-based Mesirow Financial, which pumped $15 million into Serious that year, wrote glowingly of how its “private equity investors” would benefit because $10.5 billion of stimulus money was in the pipeline “for home weatherization and federal building efficiency retrofits.”

Everything was going according to plan. As Serious collected factories, it boasted of “creating green collar jobs in plants across the country including … the President’s home town of Chicago,” wrote an Inc. editor. Inc. noted: “The Republic rescue has paid off handsomely in publicity … Aspiring vendors, curious dealers, and assorted well-wishers began stopping by the plant after its reopening. These days, salespeople rarely need to introduce Serious Materials to their prospects; the White House has already done that for them.” Revenue in 2009 reportedly increased by 50 percent; the company was employing more than 300 people, and in March 2010, Serious landed a coveted contract to upgrade the Empire State Building’s 6,514 windows.

Best-Laid Plans

Cracks were appearing in the façade, however. By the end of 2009, only 20 workers had been hired back at the old Republic plant, and Serious was spending $100,000 a week to keep the space open, which could hold 600 workers. Surace admitted the company had erred in thinking “we’d be hot and heavy into weatherization of thousands of homes in the Chicago area.”

Serious put its chips on weatherization, but the recession weakened its hand. The Department of Energy inspector general found that by December 2009, only 8 percent of the money had been spent “and few homes had actually been weatherized.” Because the $4.73 billion in the pipeline was divided into 58 spigots to cover every US state and territory, “State hiring freezes, problems with resolving significant local budget shortfalls, and state-wide planned furloughs delayed various aspects of the program.” On top of that, little money was being spent on windows like those built by Serious because weatherization also covered furnaces, insulation, water heaters, weather stripping, cooling systems and storm doors.

By the summer of 2010, Serious was back on the PowerPoint circuit, imploring funders for $56 million to become a player in the building management market. Its new model – the third in three years – was software “for monitoring and lowering energy consumption in commercial buildings.” Serious was acquiring more companies – software firms like Valence Energy and Agilewaves. It boasted of 60 customers in the wings and products that could deliver “immediate energy savings of 10 to 15 percent with payback in one to two years.”

But Serious was trying to muscle in on the turf of heavyweights like Siemens, Honeywell and General Electric, so it was back to the drawing board. After changing its name, Serious Energy unveiled a new division and plan number four in November 2011. A spokesperson announced Serious Capital would finance energy efficiency retrofits of buildings for free: “We install, at no cost to customers, energy conservation measures that will save energy,” they said, “and we become the agent for utility bill payments.” Serious Energy figured the revenue stream would allow it to pay the bills and lenders and leave enough for a tidy profit. For the third time, it was eyeing a government angle, committing to perform $100 million in retrofits as part of Obama’s Better Buildings Initiative.

The initiative is one of those so-called “public-private partnerships” that are economic quackery. The Better Building Initiative promises to cure every ill – “creating jobs, growing our industries, improving businesses’ bottom lines, reducing our energy bills and consumption, and preserving our planet for future generations” – with no pain in the form of taxpayer financing or altering business as usual. For Serious, the initiative made little difference. As Greentech Media pointed out, it was unclear how it was going to “get the backing to meet its stated goal of $2 billion in potential project financing.” Plus it would need to buy insurance as a hedge in case the savings did not materialize.

Once exalted as the poster child for exemplifying Obama’s vision of “green-collar jobs at the hands of a resurgence in American innovation,” Serious Energy shriveled into a new economy shell reminiscent of Enron, chucking aside manufacturing for software, finance and hedging. The venture capital taps were also running dry. Serious raised less than $20 million of its 2010 goal of $56 million, and less than $3 million of a $33 million round in 2011.

The free retrofit plan unraveled in weeks. In February 2012, Surace was canned, and Serious announced it was closing the Chicago factory. On February 23, it summoned the 38 remaining workers to “the offices of the notorious union-busting law firm Seyfarth and Shaw,” as Labor Notes put it. The workers were told they would get their 60 days pay under the law, but the factory would be cannibalized and the machines shipped to Serious’ plants in Pennsylvania and Colorado. Not given to taking things lying down, the workers sat down once more. Less than 12 hours later, they emerged victorious with a written agreement that the factory would operate for 90 days longer while Serious Energy looked for a buyer. As for Serious Energy, Porat says it is returning to its roots of producing soundproof drywall, a business he admits has very little to do with clean tech.

Working World

UE Local 1110 had no illusions that a white knight was in the wings, however. During a visit last May to the headquarters in Chicago, local President Armando Robles confided: “Nobody is going to buy the factory after two occupations. They don’t want troublemakers there.” Having shown themselves to be innovative risk-takers by winning two sit-down strikes that were technically illegal, the workers decided they would run the factory themselves. They joined forces with The Working World, which provides “investment capital and technical support for worker cooperatives,” and raised the money to buy the window-making equipment and establish the worker-run and -owned business.

The cooperative is still in the works. The big question is, can it blaze a path for labor to revive manufacturing? Small, worker-run cooperatives can’t replace an advanced industrial base, but they could democratize the US economy and employ millions in stable, living-wage jobs.

Networks of cooperatives could also provide a model to supplant the warmed-over Keynesianism beloved by liberals. Stimulating demand or creating public-works programs would still be effective today; Obama has done far too little of it. Trying to reshape the industrial base as happened under FDR (and that’s mainly because of World War II) is far more difficult because back then, US capital had limited options beyond the domestic market for consumers, factories and workers. That’s not the case in the globalized economy. The biggest US employer, Walmart, pays poverty-level wages to most of its 1.4 million workers. The most valuable corporation in the world, Apple, has only 13,000 US-based employees outside of its retail stores. And both source most of their goods from China.

The free-market solution is to subsidize corporations, a point upon which Romney and Obama agreed. For instance, states like Alabama, Tennessee and Mississippi already gift $300 million or more to automakers opening plants they were planning to build. Imagine if instead of padding the profits of Fortune 500 companies, the public sector funded tens of thousands of worker-run cooperatives. Many would go bankrupt, but that’s the price of innovation. The upside would be successful worker-run cooperatives rooted in communities. Such enterprises would be unable to move operations to Mexico or Malaysia, while abuse of employees that is far too common here would be almost impossible in democratic workplaces.

A new economy demands new answers, not the failed free market or nostalgia for a past that no longer exists. The New Era Windows Cooperative might just provide some of those answers.

Copyright, Truthout. May not be reprinted without permission.

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