90

Chapter Four

Union Structure and Government Employers and labor unions are governed differently. Employees are hired to perform tasks to accomplish employer-defined objectives. Most have little voice in choosing the objectives. These are determined by high- level managers who are monitored by owners or by boards of directors elected by shareholders or, in the case of public agencies, by their elected or appointed boards. Managers are responsible to their constituencies: a corporation’s owners or shareholders or a city’s voters. Union goals reflect member interests. Union leaders must be generally responsive to member desires in order to remain in office.

This chapter examines the organizational components, functions, and governance of unions and how these relate to and involve the member- ship. This chapter addresses the following major questions:

1. How is the union movement organized and governed? 2. What roles do local unions, nationals, and the AFL-CIO play? 3. How do national union organizational structures and internal politics

differ? 4. How has the union movement changed in response to declining

membership?

The U.S. labor structure has three distinct levels: the local union, the national union, and the labor federations. These are described in the fol- lowing sections.

THE LOCAL UNION

The local union represents employees in day-to-day dealings with the employer. Local union jurisdictions are defined along four major dimen- sions: (1) the type of work performed or the industry in which it is accomplished (craft and industrial jurisdictions), (2) a specified geo- graphic area, (3) the type of activity involved (organizing, bargaining, and

Chapter 4 Union Structure and Government 91

so on), and (4) the level of union government applying the jurisdiction. 1 A local’s constituency varies within these parameters. Many local unions operate in a specific municipality, represent workers in a single industry or trade, and frequently bargain with a single employer.

Examples include a relatively small unit (less than 100) of close-knit employees who work for a single employer, a large unit of employees from a mix of semi- or unskilled jobs who work for a single employer in one or more plants located in a single city, a skilled trade unit whose members work for many employers and whose employment changes frequently, and a unit whose members work for many different employers in different types of jobs. Units in these examples might typify a professional local, a manufac- turing company local, a building trades local, and a general local. 2

Local unions are most often chartered by and affiliated with a national union (e.g., a local union representing auto parts industry workers affili- ated with the United Auto Workers). Occasionally, local unions will directly affiliate with the AFL-CIO or remain independent. Independent locals form where employees of a particular employer (often within a single plant) organize without external assistance. Some independent unions predate the Wagner Act and are adaptations of company unions originally created with employer assistance, often to avoid representation by a local established by a national union.

A local union’s jurisdiction affects its size, constitution, officers, and organizational structure. A president, vice president, recording secretary, financial secretary, treasurer, and sergeant at arms, as well as trustees, are usually elected. Unless the local is large, these posts are part-time and usu- ally unpaid. Locals with over 1,000 members are likely to have full-time paid officers. Higher-level local union officers in larger units are generally granted leaves of absence by their employers to serve in the position. As local officers, they are responsible to their national unions and the local’s members, and they also remain attached to their employer. Only about one-third of current top-level officers got their positions by defeating an incumbent. Most were elected following a retirement or were appointed. Most presidents are able to successfully endorse a successor. About half of all local presidents who are full-time officers return to bargaining-unit jobs after they leave office. 3

Locals dealing with several employers often hire a business agent. Business agents ensure that contracts are being followed and refer members to available employment. They are most necessary where local members

1 J. Barbash, American Unions: Structure, Government, and Politics (New York: Random House, 1967). 2 G. Strauss, “Union Democracy,” in G. Strauss, D. G. Gallagher, and J. Fiorito, eds., The State of the Unions (Madison, WI: Industrial Relations Research Association, 1991), pp. 201–236. 3 M. J. Goldberg, “Top Officers of Local Unions,” Labor Studies Journal, 19, no. 4 (1995), pp. 3–23.

92 Labor Relations

work on a project basis and move between employers as work is finished on one project and becomes available on another. 4

Two major committees operate within most locals: the executive committee, which is made up of the local’s officers, and the grievance or negotiation committee. The executive committee establishes local policy; the negotiation committee reviews members’ grievances and negotiates with management over grievances and contract changes. Other committees deal with organizing and membership, welfare, recreation, and political action.

At the work-unit level, stewards are elected or appointed. Stewards police first-line supervisors’ compliance with the contract. Stewards rep- resent grievants to the employer. They collect dues and solicit participa- tion in union activities. Many collective bargaining contracts recognize the vulnerability of the steward’s advocative position by according it superseniority. Stewards are, by definition, the most senior members of the unit. Stewards often do not have experience representing employees before they assume their positions. Union training helps them learn their responsibilities, particularly understanding the goals of the union move- ment, understanding the contract, and communicating with members. 5 Stewards are activists. Most are involved in other organizations outside their jobs. They average about 12 years of job experience and about 5.5 years of steward experience. About half are appointed, and only about 25 percent are opposed in elections. 6 While stewards are union activists, union leaders are identified most closely with being grievance handlers or representatives who recognize their functional roles in the bargaining unit and operate using a rational perspective. 7 In order to be effective, stewards need to be well versed with regard to their legal rights and protections. 8

Local Union Democracy Local union governance is like municipal politics in smaller cities. Elections usually generate only moderate interest. Incumbents are usually reelected unless the rank and file believes a critical issue has been mishandled. A local typically holds regular open business meetings. These meetings tend to be fairly mundane unless contract negotiations are approaching, and they deal mostly with reporting disbursements, communications, and pending grievances.

4 L. R. Sayles and G. Strauss, The Local Union, rev. ed. (New York: Harcourt Brace Jovanovich, 1967), pp. 2–5. 5 B. Broadbent, “Identifying the Education Needs of Union Stewards,” Labor Studies Journal, 14 (1989), pp. 28–45. 6 P. A. Roby, “Becoming Shop Stewards: Perspectives on Gender and Race in Ten Trade Unions,” Labor Studies Journal, 20, no. 3 (1995), pp. 65–82. 7 T. F. H. Chang, “Local Union Leaders’ Conception and Ideology of Stewards’ Roles,” Labor Studies Journal, 30, no. 3 (2005), pp. 49–71. 8 See also R. M. Schwartz, The Legal Rights of Union Stewards, 3rd ed. (Cambridge, MA: Work Rights Press, 1999).

Chapter 4 Union Structure and Government 93

Only a minority of members generally attend meetings. Smaller locals and those whose members are higher-skilled have higher attendance. Typical attendance rates vary between 1 and 33 percent. 9 Meetings to ratify contracts, discuss contract demands, and elect officers usually have the highest attendance rates.

Low attendance raises questions about the breadth of support and democracy of unions. Local member involvement seems low given that the union represents the members’ collective bargaining interests. Local union democracy is manifested in the way factions combine into coalitions around certain issues. It is also demonstrated by contested and occasion- ally close elections for major offices. Local union democracy is highest in newer, small locals. Elections tend to be closer in larger units with more specialized jurisdictions, where management is not viewed as hostile and the election does not involve an incumbent. 10

Local unions are generally relatively democratic. Pressures by members to handle grievances and improve conditions require responses by union officers. But if management is intransigent, the pressure to maintain a united front may lead to suppression of dissent. 11

Functional Democracy Are local unions run democratically? If democracy requires two or more relatively permanent opposition factions, the answer is generally no . But if democracy demands only that leaders respond to individuals and groups, the answer is generally yes . Local constitutions require elections of officers and limited terms. Further, the Landrum-Griffin Act requires local elec- tions at least once every three years. Finally, under exclusive representa- tion requirements, the union must apply the terms of the contract equally to all bargaining-unit employees.

Democratic operation requires individual commitment to union activity. While most members believe their union works to their benefit, many were not involved in its founding and may view the union primarily as their agent in employment matters. In return for dues, many members expect the union to relieve them of the effort and details involved in regulating the employment relationship. What members may want is representation in return for their dues, not participation and involvement in the union.

In unionized employment, an individual is simultaneously an employee and a union member. In the functional democracy of employment, the parties are the employer and the union. 12 Union members are entitled to

9 Sayles and Strauss, Local Union, p. 97. 10 J. C. Anderson, “A Comparative Analysis of Local Union Democracy,” Industrial Relations, 17 (1978), pp. 278–295. 11 Sayles and Strauss, Local Union, pp. 135–147. 12 N. W. Chamberlain and D. E. Cullen, The Labor Sector, rev. ed. (New York: McGraw-Hill, 1971), pp. 194–196.

94 Labor Relations

due process under two sets of rules: (1) the local’s constitution and (2) the labor contract. Each is administered by separate sets of officials—the local constitution by the executive board and the contract(s) by the negotiation committee(s). An internal check-and-balance system ensures that the con- tract meets union standards and is administered fairly for all bargaining- unit members. 13

Figure 4.1 depicts the idea of dual governance. Assume a local includes three bargaining units in an open-shop industry. Three separate con- tracts are administered by three negotiation committees. All local union members vote for the local’s officers. Each bargaining unit’s union mem- bers vote on their contracts. The shaded area represents workers who are both union and bargaining-unit members, while nonunion employees outside the local circle belong only to the bargaining unit, are represented, but have no vote for officers or on contracts.

13 A. H. Cook, “Dual Governance in Unions: A Tool for Analysis,” Industrial and Labor Relations Review, 15 (1962), pp. 323–349.

BU 3 BU 1

BU 2

Local 777

Bargaining-unit boundaries

Local union boundary

FIGURE 4.1 Dual Governance in Unions

Chapter 4 Union Structure and Government 95

Local unions are probably less electorally democratic than govern- mental units. This may not be a problem because union members gener- ally are interested in similar types of outcomes, view the union as their agent, and evaluate it on the outcomes produced rather than the ideo- logical stand of a faction. 14 Members generally do not feel a need to be “protected” from their union; on the contrary, they worry about manage- ment. Depending on the issue, if members are concerned about a lack of democracy, they can oust the leadership, turn down contracts, or vote to decertify. Legal safeguards are usually sufficient to require responsive- ness, if not two-party democracy, and that appears to be enough for most members.

Unfortunately, there are cases in which corrupt local officers entrench themselves in power, buttressed by support or inattention from their par- ent national. A study of Teamsters Local 705 in Chicago, which was placed under trusteeship while the federal government was overseeing the Team- sters, revealed a variety of methods that effectively eliminated democracy in the local. These included a requirement that all questions to be raised during union meetings be submitted in writing in advance, the president’s ability to shut off a speaker’s microphone, and inconvenient meeting times for member attendance. After these problems were remedied, the union became more militant in representing members’ grievances and negotiating contracts with employers. 15 On the other hand, the executive leadership of another union in a declining labor market was paralyzed by excessive rank-and-file exercise of democratic initiatives. 16

The local union is not usually an autonomous, freestanding organiza- tion. It most often owes its existence to, and almost certainly must comply with, the directives of a parent national, unless it is directly affiliated with the AFL-CIO or an independent.

Independent Local Unions Independent local unions (ILUs) represent employees of a single employer and are not affiliated with a national or the AFL-CIO. Most ILUs were started in the 1920s under welfare capitalism or in the early 1930s follow- ing passage of the National Industrial Recovery Act (NIRA). Following the National Labor Relations Act (NLRA), many ILUs affiliated with the AFL or the CIO and some were disestablished by the National Labor Relations Board (NLRB).

14 Sayles and Strauss, Local Union, p. 141. 15 R. Bruno, “Democratic Goods: Teamster Reform and Collective Bargaining Outcomes,” Journal of Labor Research, 21 (2000), pp. 83–102. 16 R. W. Hurd, “Professional Employees and Union Democracy: From Control to Chaos,” Journal of Labor Research, 21 (2000), pp. 103–116.

96 Labor Relations

ILUs might be started in the face of an organizing drive and are gener- ally more conservative than a national affiliate. “Strong” ILUs pressure management short of striking and often threaten to affiliate with a national to put pressure on the employer. During the 1940s, ILUs often were far less racially discriminatory than nationally chartered locals. 17

Wages of ILU members are about the same as those of employees belonging to affiliated locals. 18 ILUs may be more effective in represent- ing local interests, but they have less bargaining power than affiliated locals that can act together during contract negotiations in multifacility operations.

NATIONAL UNIONS

National unions originally established jurisdictions over workers in specific crafts, industries, or other job territories. Many have members in Canada as well as in the United States. As noted in Chapter 2, the (inter)national union is the unit in which primary authority is vested within the union movement. Most local unions are chartered by a parent national, and many local activities are constrained or must be approved by the national body.

In 2005, there were 61 national unions with more than 10,000 members, of which 42 were affiliated with the AFL-CIO. A little over 7 million mem- bers are in nationals affiliated with the AFL-CIO. About 5.6 million belong to unions that formed the Change to Win (CTW) federation. The 33 largest unions each have more than 100,000 members. Over half of all members belong to the 5 largest national unions. Large differences exist in represen- tation rates between the states, with 26.1 percent unionized in New York and only 2.3 percent organized in South Carolina. 19 Table 4.1 lists national unions with 100,000 or more members in 2005.

Most national unions are full-time operations. Officers are full-time unionists. Departments are established and staffed with appointed and hired specialists. Most elect officers at their conventions, which are legally required to meet at least every five years. Delegates are chosen by each local and sent on a per capita basis, or they are national union officials and field representatives. The union convention is similar to a political con- vention. If the national leadership can appoint many delegates, its chances of staying in office are greatly enhanced.

17 S. M. Jacoby, “Unnatural Extinction: The Rise and Fall of the Independent Local Union,” Industrial Relations, 40 (2001), pp. 377–404. 18 S. M. Jacoby and A. Verma, “Enterprise Unions in the United States,” Industrial Relations, 31 (1992), pp. 137–158. 19 C. D. Gifford, Directory of U.S. Labor Organizations (Washington, DC: Bureau of National Affairs, 2006), pp. 1–3.

Chapter 4 Union Structure and Government 97

National Education Association 2,731,000

Service Employees 1,703,000

State, County, and Municipal Employees 1,350,000

Teamsters 1,350,000

Food and Commercial Workers 1,339,000

Teachers 829,000

Electrical Workers 705,000

Laborers 693,000

Auto Workers 655,000

Machinists 610,000

Communications Workers 546,000

Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers

535,000

Carpenters 524,000

UNITE HERE 441,000

Operating Engineers 339,000

National Postal Mail Handlers 357,000

Plumbers and Pipe Fitters 324,000

Letter Carriers 292,000

Fire Fighters 271,000

Postal Workers 227,000

Government Employees 227,000

Amalgamated Transit 181,000

United American Nurses 149,000

Sheet Metal Workers 144,000

Painters 129,000

Iron Workers 125,000

Transport Workers 125,000

Classified School Employees 109,000

Screen Actors 108,000

Bakery, Confectionery, Tobacco Workers and Grain Millers 107,000

Rural Letter Carriers 105,000

Theatrical Stage Employees, Moving Picture Technicians, Artists and Allied Crafts

105,000

Mine Workers 101,000

TABLE 4.1 National Unions with More than 100,000 Members, 2005

Source: Adapted from C. Gifford, Directory of U.S. Labor Organizations: 2006 Edition (Washington, DC: Bureau of National Affairs, 2006), p 4.

98 Labor Relations

National Union Goals National unions have two major goals: (1) to organize an increasing num- ber and share of the labor force and (2) to provide representation services to enhance member well-being. These goals are obviously interrelated. Organizing success depends to an extent on the visible success the union has had in representing employees, because successful representation depends on organizing a group of employees that can exert bargaining power on the employer.

National unions formed for economic reasons. U.S. industry became more national as transportation facilities developed, and local bargaining power declined as a result. Nationals exert greater pressure on employers and assist locals during difficult periods in which they might not survive on their own. Especially during the formation of industrial unions, the power of a national to negotiate similar economic bargains across employ- ers in an industry enhanced gains over what could be negotiated at the local level. Support and control are thus lodged in nationals.

National unions have their own goals. But what common elements help predict what each might do? Unions consist of members who expect services and permanent employees who supply them. Members decide whether they want continued representation by comparing contract out- comes and services received from their union with those available from alternative sources (other unions or nonunion human resource depart- ments). Union leaders want unions to grow to enhance their power and stability and to promote bargaining power within an industry. Elected leaders and appointed full-time unionists need membership approval to retain their posts. Thus, leaders might be expected to focus on organizing, while members probably prefer a focus on services for present members first. Unions in highly organized industries spend a smaller proportion of their resources on organizing than do unions where lower union penetra- tion exists. 20

The economic environment in which organized labor participates has changed markedly over the past 25 years. Sometimes it is more difficult for nationals than for locals to recognize the magnitude of change and the need to respond and adapt to it. Nationals often have less knowl- edge about actual workplace experiences than do locals, are buffered from pressures to change given their overall financial stability, and have difficulty implementing organizationwide change due to their decen- tralized and political nature. 21 As established manufacturing industries with excess production capacity have pursued cost cutting through

20 R. N. Block, “Union Organizing and the Allocation of Union Resources,” Industrial and Labor Relations Review, 34 (1980), pp. 101–113. 21 T. Fitzpatrick and W. Waldstein, “Challenges to Strategic Planning in International Unions,” Proceedings of the Industrial Relations Research Association, 46 (1994), pp. 73–84.

Chapter 4 Union Structure and Government 99

globalization and work design changes to enhance productivity, there is increasing competition both between and within companies, leading to the possibility of locals competing with each other to retain work. This is a major problem for national unions in promoting solidarity and pattern bargaining. 22

National Union Strategies and Planning National unions vary in their interests and capabilities to adapt and inno- vate. A study of national unions found that planning for change was posi- tively related to the use of environmental scanning techniques, effective structuring of management and administrative activities, and larger size, while it was negatively related to democratic structures. 23

Some nationals develop strategic plans. 24 Figure 4.2 displays a union strategic planning model. Nationals that put more effort into planning devote more resources to organizing, participate in corporate campaigns, and form political action committees. 25 Education, budget- ing, and political action are the most frequent topics of long-range plan- ning. Support from the national’s president, the use of consultants, and representing employees in the service or utility industries are related to plan implementation. 26

Within the workplace, there is essentially no market for employment representation since, if there is no union, the employer must unilater- ally determine employment outcomes without negotiating with employee subgroups (otherwise, an unlawful employer-dominated labor organiza- tion would be created) and, if a union is present, the negotiated labor agreement determines the rules that will cover all employees. One critic has argued that eliminating the exclusive representation and majority- rule requirements for unionization would create a competitive market for employee relations services. If antitrust regulations were relaxed, even for-profit organizations might decide to offer employee relations services to groups of employees across several employers. 27

22 D. Wells, “Labour Markets, Flexible Specialization and the New Microcorporatism,” Relations Industrielles, 56 (2001), pp. 279–304. 23 J. T. Delaney, P. Jarley, and J. Fiorito, “Planning for Change: Determinants of Innovation in U.S. National Unions,” Industrial and Labor Relations Review, 49 (1996), pp. 597–614. 24 C. L. Scheck and G. W. Bohlander, “The Planning Practices of Labor Organizations: A National Study,” Labor Studies Journal, 15, no. 4 (1990), pp. 69–84. 25 K. Stratton and R. B. Brown, “Strategic Planning in U.S. Labor Unions,” Proceedings of the Industrial Relations Research Association, 41 (1988), pp. 523–531. 26 Y. Reshef and K. Stratton-Devine, “Long-Range Planning in North American Unions: Preliminary Findings,” Relations Industrielles, 48 (1993), pp. 250–265. 27 S. Estreicher, “Deregulating Union Democracy,” Journal of Labor Research, 21 (2000), pp. 247–264.

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Chapter 4 Union Structure and Government 101

National Union Jurisdictions National unions have traditionally operated as either craft or industrial unions. Craft unions formed the AFL, and industrial unions formed the CIO. Craft and industrial jurisdictional boundaries blurred as AFL and CIO unions competed for members before their merger and as craft and industrial employment patterns changed.

Most of the largest U.S. nationals organize broadly. The Teamsters originally organized transportation and warehouse employees outside railroads. Now, more than half of Teamster members work in occupa- tions and industries with no primary relationship to transportation. The National Education Association (NEA) represents both public and private schoolteachers at primary, secondary, and postsecondary educa- tional institutions. The United Auto Workers has expanded its organizing to nonteaching employees in colleges and universities, freelance writers, and legal service workers. The American Federation of State, County, and Municipal Employees organizes in many occupations across a broad spectrum of nonfederal public and private nonprofit employers. The International Brotherhood of Electrical Workers began as a craft union but has successfully organized in electrical equipment manufacturing. Where employment in traditional jurisdictions declines, union leaders push for expanding jurisdictions.

National Structure National unions grow and survive through organizing and maintaining their locals. Their ability to obtain and maintain membership depends on their effectiveness in dealing with environmental characteristics such as employers’ resistance to unionization, changing industrial and occu- pational employment levels, and existing laws and regulations and their enforcement. Employment patterns result from the ultimate demand for goods and services and the quantity and quality of the labor supply. Unions have virtually no control over the former, and they have only lim- ited control over the latter unless they provide employee training, as in the building trades. 28

In turn, these environmental factors influence the goals of the union movement. Some of these goals can be realized internally (workplace goals) through collective bargaining, while others require public policy changes (external goals). The goals and services important to union members influence the strategies chosen and the organizational structures created to deliver them. Among the strategies, collective bargaining, legislative

28 J. Fiorito, C. L. Gramm, and W. Hendricks, “Union Structural Choices,” in G. Strauss, D. G. Gallagher, and J. Fiorito, eds., The State of the Unions (Madison, WI: Industrial Relations Research Association, 1991), pp. 103–138.

102 Labor Relations

enactment, mutual insurance (the availability of aid to local unions dur- ing confrontations with employers), and confrontation (strikes, etc.) are blended to react to employer initiatives and to advance union agendas. 29 Figure 4.3 displays a model of the determinants of union organizational structures.

National union organizational structure is influenced by two factors: the service demands of members and the bargaining structures that have evolved with employers where the union represents employees. As the bargaining structures change, union organizations change with them. To demonstrate these relationships and differences between national unions, profiles of the UAW, Machinists, Operating Engineers, Teamsters, and AFSCME unions are presented next.

29 Ibid.

FIGURE 4.3 A Model of the Key Determinants of Union Organizational Structure

Source: J. Fiorito, C. L. Gramm, and W.E. Hendricks, “Union Structural Choices,” in G. Strauss, D. G. Gallagher, and J. Fiorito, eds., The State of the Unions (Madison, WI: Industrial Relations Research Association, 1991), p. 106.

External Characteristics of bargaining partners Legal environment Product market characteristics Political environment History

Goals/Service Workplace goals External goals

Union Performance

Strategies Collective bargaining Legislative enactment Mutual insurance Confrontation

Structure Vertical structure Horizontal structure Bargaining structure

Chapter 4 Union Structure and Government 103

The United Auto Workers The United Auto Workers (UAW) originally organized workers in the fabrication and assembly of autos and trucks, airplanes, construction and agricultural equipment, and associated parts suppliers. Besides its original jurisdiction, it now organizes nonprofessional workers in higher education. As of 2007, it had 640,000 employed members in 800 locals, along with 500,000 retired members. Prior to 1980, the domestic industry was highly concentrated (i.e., few manufacturers accounted for most of the production); however, both manufacturing and brand con- centration has decreased markedly, with less than half of U.S. car sales belonging to U.S.-based companies. In 1980, virtually all U.S.-made automobiles were assembled by four companies: American Motors, Chrysler, Ford, and General Motors. Since then, BMW, Honda, Hyundai, Mazda, Mercedes, Mitsubishi, Nissan, and Toyota have opened U.S. assembly plants; Chrysler acquired American Motors, merged with Daimler-Benz in 1998 to form DaimlerChrysler, and was sold by Daim- lerChrysler to Cerburus Capital Management in 2007. Through 2007, the only foreign-owned U.S. auto plants that are unionized are those that were started as joint ventures with a domestic partner. As the U.S.-based companies’ share of the domestic market has declined, the proportion of auto workers represented by the UAW has also shrunk substantially. Additionally, with the passage of the North American Free Trade Agree- ment, U.S. companies opened new assembly plants in Mexico while closing older U.S. plants.

To best serve members in a consistent manner across the major man- ufacturers, the UAW established national departments. Because U.S.- based domestic automaker production facilities were virtually 100 percent unionized, these departments concentrated on representation rather than organizing activities. Figure 4.4 shows the UAW’s organization at the national level.

National departments are the line portion of the organization. This is where national-local interfaces occur. Each national department has a council consisting of delegates from that department’s locals. In turn, the councils form subcommittees based on common interests of the members, such as seniority and work rules. Subcommittees designate members to take part in the national negotiation council from that department.

Staff departments provide information for the national departments and assist locals through the UAW’s international representatives. Besides having a “product-line” approach in its national departments, the UAW is also broken into geographic regions based on the concentration of UAW members in a given area. Regional staffs conduct organizing drives and assist remote locals or those not closely affiliated with national departments in negotiation, administration, and grievance handling. Regional staffs may also have experts in such areas as health and safety or industrial engineering.

104 Labor Relations

National Collective Bargaining Departments

Departments Reporting to the President

Departments Reporting to the

Secretary-Treasurer

Other Departments

General Motors Arbitration Accounting Conservation and Resource Development

Ford Community Action Auditing Consumer Affairs

DaimlerChrysler National CAP (Political Action) Circulation Organizing

Aerospace Civil Rights Purchasing and Supply Recreation and Leisure-Time Activities

Agricultural Equipment Community Services Strike Insurance Time Study and Engineering

Competitive Shop/ Independents, Parts and Suppliers

Education Technical, Office and Professional

Veterans

Heavy Trucks Government and International Affairs

Women’s

Transnationals and Joint Ventures

Health and Safety

Technical, Office and Professional

Information Systems

Skilled Trades Legal

Legislative

Public Relations and Publications

Research

Research Library

Retired Workers

Social Security

FIGURE 4.4 Organizational Structure of the UAW

Source: Adapted from information on www.uaw.org, August 7, 2007.

National Departments

Regional Staffs

Regional Directors

Convention

President

Vice Presidents

Executive Board

Staff Departments

Chapter 4 Union Structure and Government 105

The centralized organizational makeup of the UAW is largely a function of employer concentration of its active membership and the level at which economic bargaining occurs. However, as automakers close older, less efficient plants, local economic concessions may be traded for job security, necessitating more concern by the UAW for local bargaining issues.

The International Association of Machinists and Aerospace Workers The International Association of Machinists and Aerospace Workers was founded in a railroad locomotive pit in Atlanta in 1888 and affiliated with the AFL in 1895. Over time it expanded its jurisdiction by establish- ing metal trades and railway employees departments, admitting auto mechanics, organizing some occupations in the airline industry, and cre- ating an electronics department. Many aerospace industry workers are represented by the Machinists.

The international has several conferences and departments (related to industries in which the Machinists represent or are attempting to organize workers). There are also several staff departments that provide services to the national, locals, and members. Figure 4.5 depicts the union’s current departmental structure. The union’s membership peaked in 1968 at over 1 million members. About 730,000 currently belong.

The International Union of Operating Engineers The International Union of Operating Engineers represents primarily heavy-equipment operators, mechanics, and surveyors in the construc- tion industry and stationary engineers who operate equipment in building and industrial complexes. It also represents a broad group of health care workers and public employees. There are about 170 locals, most of which cover a relatively large geographic territory, particularly in construction. It has about 400,000 members and is the 12th-largest union in the AFL-CIO. 30 Many of the union’s services are provided at the local level, particularly through joint union-employer apprenticeship programs.

The International Brotherhood of Teamsters The Teamsters’ Union is the closest to a general union of any in the United States. After its expulsion from the AFL-CIO in 1960, it broadened its jurisdiction from trucking and warehousing to cover all workers. The mergers of several smaller nationals, such as the Brewery Workers, into the Teamsters made it the dominant union within several industries. The Teamsters reaffiliated with the AFL-CIO in 1987, but it left again in 2005 to take part in forming the Change to Win coalition. In 2007, it had 1.4 million members. 31

30 www.iuoe.org/history/history.htm, August 7, 2007. 31 www.teamster.org/about/structure/structure.htm, August 7, 2007.

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Given the Teamsters’ early background and the local or regional nature of the trucking industry in general, bargaining and organizing are decen- tralized. The executive board includes the general president, the general secretary-treasurer, and 22 vice presidents. Some of the vice presidents are also international directors of Teamster area conferences. There are 16 trade divisions and departments: airline; carhaul; brewery and soft-drink workers; building material and construction trade; dairy; freight; indus- trial trades; motion picture and theatrical trade; newspaper, magazine and electronic media workers; parcel and small package; port; public services trade; rail; tankhaul; trade and convention centers; and warehouse. The national also has a number of staff departments to deliver services to members and to promote the formation of new bargaining units. Figure 4.6 depicts its organizational structure.

The Teamsters’ Union has about 500 local unions and 38 local joint councils. The joint councils are semiautonomous bodies that administer activities among affiliated locals. In areas where there are three or more

Industries Union Networks Aerospace Automotive Government Employees Transportation Woodworkers

High Performance Work Organization Partnerships Organizing Trade and Globalization

Collective Bargaining Resources Safety Collective Bargaining Corporation for Re-employment and Safety Training Communications Safety and Health Legal Politics and Legislation Strategic Resources Winpisinger Education and Technology Center

People Finances Apprenticeship Community Services/Retirees Employment Services Department Human Rights Scholarships Women

Accounting General Secretary Treasurer’s Office Grand Lodge Auditors Information Systems

Support Staff Bylaws and Internal Disputes Engineering and Housekeeping Human Resources Membership Records Purchasing/Stock Room/Duplicating/Mailing

FIGURE 4.5 Departmental Structure of the Machinists

Source: Adapted from www.goiam.org/iam-headquarters.cfm, August 7, 2007.

Chapter 4 Union Structure and Government 107

FIGURE 4.6 Organizational Structure of the International Brotherhood of Teamsters

Source: www.teamsters.org/about/structure/structure.htm.

Building Support Services

& Security

Legal Department

Government Affairs

Communications Department

Organizing

Field Action

Economics & Contracts

Strategic Research & Campaigns

Retiree Affairs

Safety & Health

Trade Divisions

Affiliates & Automated Records

Accounting & Budgeting

International Audits & Affiliates Financial Reports

Information Systems

Investments & Pension Administration (TAPP, RFPP)*

* Teamster Affiliate and International Employee Pension Plans

Member Benefits

Out-of-Work Benefits

Trustees

General President Executive Assistant

General Secretary- Treasurer Executive Assistant

Human Resources

Teamster Travel

IBT Members

IBT Convention

General Executive Board

Training & Development

Human Rights Commission

Affiliate Bookkeeping System

Capital Strategies

Purchasing

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locals, a joint council is established to coordinate activities among the locals. Each local is required to belong to a joint council and must get council permission to sign a contract or to strike. Each joint council is indirectly controlled by the executive branch. Thus, much of the grassroots organizing and representation activity is initiated or controlled at the joint council level.

The Teamsters have had a long history of difficulty with the federal government. Presidents in the 1950s and 1960s such as Dave Beck and James R. Hoffa were forced to resign for a variety of federal offenses related to using their leadership positions for personal advantage. In the 1980s, the federal government imposed an external trustee following the conviction of Roy Lee Williams, then general president, for gang- related activities. Ron Carey, an insurgent leader, was elected president following the end of federal control. However, in late 1997, he was ruled ineligible to succeed himself as a result of money-laundering activities surrounding his election campaign. James P. Hoffa, the son of a former president, succeeded him.

The American Federation of State, County, and Municipal Employees The American Federation of State, County, and Municipal Employees (AFSCME) is an industrial-type union organizing public employees outside the federal government and employees in private, nonprofit public service organizations. The union is led by its president and sec- retary- treasurer, who are elected by its biennial convention. They are joined by 31 international vice presidents. At the regional level, there are 61 councils that are responsible for coordinating bargaining and political activities among locals in their regions.

AFSCME’s structure reflects the fact that its members are employed in a variety of governmental jurisdictions and bargain under many different laws. Unlike most industrial unions, AFSCME does not require the nation- al’s approval of local contract settlements. The decision to strike is also handled at the local level. All locals are expected to affiliate with one of the regional AFSCME councils, which are operated within jurisdictions relat- ing to the bargaining laws associated with the occupations represented.

Services provided by the national include research, legislative, legal, organizational, educational, public relations, and other activities. 32 AFSC- ME’s federal nature results from the fact that its affiliated locals bargain with public employers operating under a myriad of collective bargaining laws that may apply differently to various occupations within the same jurisdiction.

32 www.afscme.org, August 7, 2007.

Chapter 4 Union Structure and Government 109

AFSCME expends between 10 and 33 percent of its total budget on lob- bying and other political activities. 33 Job security issues are particularly important to the union. Since most of its members are employed in the public sector, the ability to influence legislators and elected county and municipal officials is particularly important to its survival and growth.

National-Local Union Relationship National unions charter locals, provide services, and usually require that locals obtain permission to ratify contracts or strike, thereby reducing the possibility of competition between locals and increasing the discipline of locals when necessary to pressure a large national employer.

Service to locals, especially from industrial unions, is provided by interna- tional representatives, who are usually individuals recruited and appointed by national union officers from local officer positions or activists interested in a union career. National unions may hire staff from other unions, 34 creat- ing career mobility opportunities for staff experts. Large differences exist among unions in the intensity of services their professional staff members provide. 35 More intensive staff services would be expected in situations where the union is attempting to gain or protect consistent standards among employers in a given industry. The ratio of staff to members in most national unions has increased recently. Some of this has occurred naturally, as union membership has fallen faster than reductions in national staff positions. Administrative efficiency is reduced as a result, but greater staff intensity may allow the national to better serve member interests. However, increases in staff may also tend to perpetuate oligarchical practices. 36

During the past 20 years major restructuring has taken place in many manufacturing establishments in which national unions and their affili- ated locals represent employees. National unions that are more effective in helping locals deal with ongoing workplace restructuring generally are those with broad representational coverage that educate and train leaders on new workplace issues, devote resources to research on new workplace practices, use multiple communication channels, and restructure local union representation. 37

33 M. F. Masters, “AFSCME as a Political Union,” Journal of Labor Research, 19 (1998), pp. 313–349. 34 P. F. Clark and L. S. Gray, “The Management of Human Resources in National Unions,” Proceedings of the Industrial Relations Research Association, 44 (1992), pp. 414–423. 35 P. F. Clark, “Organizing the Organizers: Professional Staff Unionism in the American Labor Movement,” Industrial and Labor Relations Review, 42 (1989), pp. 584–599. 36 P. F. Clark, “Professional Staff in American Unions: Changes, Trends, Implications,” Journal of Labor Research, 13 (1992), pp. 381–392. 37 A. C. Frost, “Creating and Sustaining Local Union Capabilities: The Role of the National Union,” Relations Industrielles, 56 (2001), pp. 307–333; see also a symposium on technological effects on unions and employment in a variety of industries, Journal of Labor Research, 23, no. 4 (2002).

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National Union Headquarters Operations International representatives, unlike many local union officers, are full- time union employees. Their major responsibilities involve organizing nonunion employers in industries or occupations in which the national union has an interest, providing assistance to employees interested in organizing, and assisting local unions in negotiating contracts and pro- cessing grievances. International representatives are typically assigned to regional staffs and may be responsible for a number of locals. Inter- national representatives implement consistent policies across employers and provide expertise and presence where locals are relatively small, where local officers lack sophistication, and where the area is thinly organized.

Union clerical and professional employees frequently organize to col- lectively bargain with the leaders of the unions for which they work. Organized staff units are most common in larger industrial unions. Some unions have strongly opposed the organization of their staff members, while others have welcomed organizing attempts. Few unions have writ- ten human resource policies. 38 Staff unions generally bargain for the same types of employment issues that unions in general seek, but they seldom strike in support of their demands. 39

Newly elected national union officers may discharge permanent staff employees as long as doing so doesn’t interfere with the employees’ roles as union members, 40 but elected union officers are protected by Title I of the Labor-Management Reporting and Disclosure Act (LMRDA) and can- not be removed for expressing dissenting opinions. 41

Union administration has become more sophisticated as employers have increasingly opposed unionization and concession bargaining has increased. Unions rely on consultants more than they did in the past, and internal management is operated on a more businesslike basis. 42 Increas- ingly, national unions are adopting formal human resource and financial management practices, are less likely to require union membership as a prerequisite for hiring into staff positions, and are more likely to search for college graduates and persons with computer skills. 43

38 Clark and Gray, “Management of Human Resources in National Unions.” 39 Clark, “Organizing the Organizers.” 40 Finnegan v. Leu, 456 U.S. 451 (1982). 41 Sheet Metal Workers International Association v. Lynn, 488 U.S. 347 (1989). 42 For more details on union administration, see P. F. Clark and L. S. Gray, “Union Administration,” in G. Strauss, D. G. Gallagher, and J. Fiorito, eds., The State of the Unions (Madison, WI: Industrial Relations Research Association, 1991), pp. 175–200; and J. T. Dunlop, The Management of Labor Unions (Lexington, MA: Lexington, 1990). 43 P. F. Clark and L. S. Gray, “Changing Administrative Practices in American Unions: A Research Note,” Industrial Relations, 44 (2005), pp. 654–658.

Chapter 4 Union Structure and Government 111

National unions are extensive users of information technology (IT) and use it most frequently for internal administration and communications to members (such as through Web sites). Unions are also increasingly using financial analysis to craft contract demands and to track organizing tar- gets. 44 National and local unions are increasingly using IT to help develop virtual minority unions in nonunion firms, enhance democracy through online communications, provide services, and strengthen international cooperation. 45

National Union Governance and Politics National union governance can be grouped into four categories: (1) gov- ernance by rule (strong adherence to constitutions in determining rights and processes), (2) governance by meetings (frequent use of meetings to determine organizational direction), (3) governance by member opposi- tion (majority opposition controls leader direction), and (4) governance by countervailing power (limits on discretion resulting from significant ongoing organized potential opposition). Unions of the governance-by- rule type (e.g., the UAW) tend to be larger, operate in industries with a national product market, and have lower diversity in the types of workers they organize. 46

National unions are ultimately governed by their conventions, which establish broad policies, may amend their constitutions, and frequently elect officers. Member participation in national activities depends on how convention delegates are chosen and union officers are elected. Although national unions are required by law to hold conventions and elect offi- cers at least every five years, they differ greatly in the extent to which member involvement is sought and democratic ideals are applied to their operation.

National union democracy can be measured by the degree of control members have in the major decision-making areas unions face: contract negotiations, contract administration, service to members, union adminis- tration, and political and community activities. Members’ control in each area could range from complete autocracy to consultation, veto power, or full decisional control and participation. 47 Union members’ desire for

44 J. Fiorito, P. Jarley, J. T. Delaney, and R. W. Kolodinsky, “Unions and Information Technology: From Luddites to Cyberunions?” Labor Studies Journal, 24, no. 4 (2000), pp. 3–34; see also “Symposium: E-Voice: Information Technology and Unions,” Journal of Labor Research, 23 (2002), pp. 171–259. 45 W. J. Diamond and R. B. Freeman, “Will Unionism Prosper in Cyberspace? The Promise of the Internet for Employee Organization,” British Journal of Industrial Relations, 40 (2002), pp. 569–596. 46 P. Jarley, J. Fiorito, and J. T. Delaney, “National Union Governance: An Empirically-Grounded Systems Approach,” Journal of Labor Research, 21 (2000), pp. 227–246. 47 A. Hochner, K. Koziara, and S. Schmidt, “Thinking about Democracy and Participation in Unions,” Proceedings of the Industrial Relations Research Association, 32 (1979), pp. 16–17.

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democracy may be inferred through their level of participation in and their satisfaction with opportunities for involvement in union decision making. The Canadian Auto Workers have created a Public Review Board consisting of public figures who are not members of the union to hear and make binding rulings on the grievances of members regarding union governance issues. 48

Most national unions do not have two-party systems, but a union’s constitution affects the degree to which dissent may lead to a change in the union’s direction. Unions electing officers on an at-large basis among all the eligible voters (either as delegates or through a general referen- dum) are much less likely to be responsive to factional viewpoints than are unions that elect executive board members on a geographic basis. 49 In the Mineworkers and the Steelworkers (both of which have changed national general presidents because of internal dissent), regionally elected executive boards have served as springboards to national campaigns. If officers are elected by convention and if the delegates to the international convention include not only those selected at a local level but also officials appointed by the incumbent, then the chance of ousting the incumbent is virtually nonexistent. 50

Leaders of national unions generally come from union backgrounds. Their net worths are usually modest. Most have some post-high school education, but few are college graduates. Most joined unions because their employers had a union shop. Their union careers usually began in a local union position. Many had mentors, and most are very satisfied with union careers. 51

National Unions and Public Policy Representation aims at enhancing union members’ employment out- comes through collective bargaining. Unions also serve member needs by attempting to influence public policy. Some attempts are aimed at membership interests in particular industries, while others focus on improving outcomes for all members or an identifiable subgroup across industries. Union political activity will be examined in more detail in Chapter 5.

48 J. Eaton, “Union Democracy and Union Renewal: The CAW Public Review Board,” Relations Industrielles, 61 (2006), pp. 201–222. 49 S. Gamm, “The Election Base of National Union Executive Boards,” Industrial and Labor Relations Review, 32 (1979), pp. 295–311. 50 A. L. Fox II and J. C. Sikorski, Teamster Democracy and Financial Responsibility (Washington, DC: Professional Drivers Council for Safety and Health, 1976). 51 P. L. Quaglieri, “The New People of Power: The Backgrounds and Careers of Top Labor Leaders,” Journal of Labor Research, 9 (1988), pp. 271–284.

Chapter 4 Union Structure and Government 113

THE AFL-CIO

From the merger of the AFL and CIO in 1955 until the disaffiliation of several major national unions to form the Change to Win coalition in 2005, the AFL-CIO was the umbrella under which the large majority of the U.S. union movement gathered. While the number of union members who are in unions that affiliate with the AFL-CIO is now only about one-half of the total membership, a large majority of national unions continue to be affiliated. Since 2005, for the first time in 50 years, there is substantial com- petition within the union movement to determine its overall direction and mobilize working-class energies for organizing and political action.

The AFL-CIO provides an overall direction to its affiliated nationals and technical assistance to individual nationals. It also has a number of directly affiliated independent local unions. To be a member of the AFL-CIO, a national union must comply with the federation’s Ethical Practices Code, avoid dominance by nondemocratic ideologies, and agree to resolve interunion disputes using prescribed federation procedures. Article 20 of the AFL-CIO constitution provides for internal arbitration of disputes between unions. These disputes most often involve charges of one union’s attempting to organize a bargaining unit already repre- sented by another union (raiding). Historically, there have been about 30 cases of raiding a year, and arbitrators have found violations of Article 20 in about half of these cases. 52 With the formation of Change to Win, raids from them may increase in the future and will not be subject to internal adjudication.

The AFL-CIO simultaneously coordinates national union interests and directs state and city central-body activities. The quadrennial national convention consists of delegates who are apportioned to the conven- tion on the basis of national union size and are elected or appointed according to their national’s policy. Other delegates are sent by directly affiliated locals, state and city central bodies, and national industrial and trade departments. The convention amends the constitution, elects officers, and expresses official positions. The general board consists of the executive council, presidents of each affiliated national, and a repre- sentative from each constitutional department.

The ongoing business of the AFL-CIO is handled by the top executives, their staffs, and the constitutional departments. One set of constitutional departments—the eight trade and industrial departments—relates to jurisdictional interests of the national members: building and construc- tion trades, food and allied service trades, maritime trades, metal trades, professional employees, transportation trades, and union label and service

52 G. W. Bohlander, “Keeping the Peace: AFL-CIO’s Internal Dispute Plan, “Dispute Resolution Journal, 57, no. 1 (2002), pp. 21–27.

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trades. The staff portion of the organization consists of the standing committees and their equivalent departments, which include account- ing; civil, human rights and women’s rights; corporate affairs; facility management; field mobilization; general counsel; human resources; infor- mation technology; international affairs; legislation; meetings and travel; organizing; politics; public affairs; public policy; safety and health; and support services. Political activity and lobbying are major activities of the AFL-CIO. Many issues before Congress have potential direct and indirect effects on the labor movement.

THE CHANGE TO WIN COALITION

In 2005, seven national unions left the AFL-CIO to form Change to Win (CTW). The impetus for the withdrawal and formation was a belief that the AFL-CIO had an insufficient commitment to organizing unrepresented workers, particularly those in low-paying jobs, and had been unsuccess- ful in implementing a revitalization strategy. 53 The exodus, ironically, was led by Andy Stern, the president of the Service Employees International Union—the same union from which had come Joseph Sweeney, who was the current AFL-CIO president and who had run on a platform emphasiz- ing organizing.

The seven unions took 6 million members from the AFL-CIO (more than half its membership) and instantly created an energized and more militant collective. The affiliated unions include the Teamsters (IBT), the Laborers (LIUNA), the Service Employees (SEIU), the Carpenters (UBC), the Farm Workers (UFW), the Food and Commercial Workers (UFCW), and UNITE HERE (the merged needletrades, textile workers, and hotel and restaurant workers).

The AFL-CIO has been financially and organizationally weakened by the defection of the CTW. The CTW strategic direction is strongly ori- ented toward organizing among workers who have not previously had effective representation, for example, janitors and maintenance work- ers, immigrant workers in industries that have been deunionized (e.g., meatpacking), nurses, and child care workers. CTW maintains that many potentially organizable employees will find its less adversarial approach with employers more appealing. 54

53 A. W. Martin, “Why Does the New Labor Movement Look So Much Like the Old One? Putting the 1990s Revitalization Project in Historical Context,” Journal of Labor Research, 27 (2006), pp. 163–185. 54 M. F. Masters and R. Gibney, “The AFL-CIO v. CTW: The Competing Visions, Strategies, and Structures,” Journal of Labor Research, 27 (2006), pp. 473–504; and for a pessimistic assessment, see S. Estreicher, “Disunity within the House of Labor,” Journal of Labor Research, 27 (2006), pp. 505–511.

Chapter 4 Union Structure and Government 115

STATE AND LOCAL CENTRAL BODIES

In addition to its departments, the AFL-CIO has a direct relationship with almost 800 state and local central bodies. These bodies reflect the com- position of the parent AFL-CIO and the particular industrial mix of their geographic areas. The state and local centrals are directly responsible to the AFL-CIO, not to the nationals.

State and local central bodies are primarily involved in politics and lob- bying. Their positions in national elections must be consistent with those of the AFL-CIO. 55 Central bodies endorse state and local candidates and testify and lobby on local and state legislative proposals. The AFL-CIO consists predominantly of affiliated nationals, while state and local cen- trals involve local unions. Figure 4.7 shows the relationship of state and local central bodies to the AFL-CIO.

Overview of the Union Hierarchy Power in the labor movement clearly resides in the nationals, with locals and the federation deriving their authority from the nationals. Local unions are structured to handle the day-to-day activities of the member- ship. Much of their effort involves policing the contract and handling grievances.

A national union could be compared with the corporate staff division of a large company where policies are developed, actions are audited to ensure conformity to policy, new businesses are launched, and advice is given to generalists in plants (or locals) on specific issues. Although the

Affiliation Chartering

Local Union

International Unions

Local Central

State Central

AFL-CIO

FIGURE 4.7 The Relationship of State and Local Central Bodies to the AFL-CIO

Source: Adapted from J. G. Kilpatrick and M. C. Stanley, Handbook on Central Labor Bodies: Functions and Activities, West Virginia University Bulletin, series 64, nos. 4–6 (October 1963), p. 5.

55 www.aflcio.org/aboutus/thisistheaflcio/constitution/art14.cfm, August 7, 2007.

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convention ultimately governs the national, many presidents have broad powers to take interim actions and to influence the delegate composition of future conventions.

The AFL-CIO is similar to a trade association, a chamber of commerce, or a national association of manufacturers. It coordinates activities among the nationals and amplifies their voices. The federation’s prime functions are information, integration, and advocacy. Its greatest areas of autonomy relate to legislative and political processes.

NATIONAL UNION MERGERS

A large number of corporate mergers and acquisitions have occurred in the recent past. Organizational change in the labor movement has mir- rored these activities, although hostile takeovers are not possible in the labor movement. Union mergers appear to take two forms: (1) absorption, in which a small or rapidly declining union becomes a part of a larger national 56 (e.g., the 450-member Window Glass Cutters League’s 1975 merger into the 80,000-member Glass Bottle Blowers); and (2) amalgama- tion, in which two unions of roughly equal size merge to form a new union (e.g., the 1979 merger of the 500,000-member Amalgamated Meat Cutters and Butcher Workers with the 700,000-member Retail Clerks to form the United Food and Commercial Workers). 57

Mergers are of three types: (1) symbiotic, in which two unions represent workers whose outputs are interdependent; (2) commensalistic, in which two unions competed to organize the same employees; and (3) scale, wherein a large union seeks to increase its efficiency or power. Symbiotic mergers prevail when unions are expanding membership, and commen- salistic mergers are more common during contraction. Merger activity increases during recessions. 58

Mergers duplicate national union officers and services unless staffs are consolidated. Symbiotic mergers are probably the easiest because the needs of the merged membership may have little overlap. Commensalis- tic mergers require agreements on the role of present union officers and the fate of local unions following the merger. Mergers are eased when few integration issues exist, such as where craft identities are preserved; the regional penetration of one union is great; important historical traditions

56 C. J. Janus, “Union Mergers in the 1970s: A Look at the Reasons and Results,” Monthly Labor Review, 102, no. 10 (1978), pp. 13–23. 57 G. N. Chaison, “Union Growth and Union Mergers,” Industrial Relations, 20 (1981), pp. 98–108. 58 J. Freeman and J. Brittain, “Union Merger Process and the Industrial Environment,” Industrial Relations, 16 (1977), pp. 173–185.

Chapter 4 Union Structure and Government 117

1993

United Food and Commercial Workers (AFL-CIO) International Union of Life Insurance Agents (Ind.) United Food and Commercial Workers (AFL-CIO) Retail, Wholesale, and Department Store Union (AFL-CIO) United Paperworkers International Union (AFL-CIO) Allied Industrial Workers of America (AFL-CIO) Communications Workers of America (AFL-CIO) Union of Professional and Technical Employees (Ind.) United Electrical Workers (Ind.) National Industrial Workers Union (Ind.) Service Employees International Union (AFL-CIO) United Service Workers of America (Ind.)

1994

International Brotherhood of Boilermakers (AFL-CIO) Stove, Furnace, and Allied Appliance Workers (AFL-CIO) Service Employees International Union (AFL-CIO) International Brotherhood of Firemen and Oilers (AFL-CIO) International Brotherhood of Electrical Workers (AFL-CIO) United Association of Office, Sales, and Technical Employees (Ind.) Communications Workers of America (AFL-CIO) National Association of Broadcast Employees and Technicians (AFL-CIO)

1995

Amalgamated Clothing and Textile Workers Union (AFL-CIO) International Ladies’ Garment Workers Union (AFL-CIO) [formed Union of Needletrades, Industrial, and Textile Employees (AFL-CIO)] United Food and Commercial Workers (AFL-CIO) Distillery, Wine, and Allied Workers (AFL-CIO) Communications Workers of America (AFL-CIO) Newspaper Guild (AFL-CIO) United Steelworkers of America (AFL-CIO) United Rubber, Cork, Linoleum, and Plastic Workers (AFL-CIO) United Food and Commercial Workers (AFL-CIO) United Textile Workers of America (AFL-CIO)

1996

United Food and Commercial Workers (AFL-CIO) International Chemical Workers Union (Ind.) International Brotherhood of Boilermakers (AFL-CIO) Metal Polishers (AFL-CIO)

1997

International Association of Machinists (AFL-CIO) International Woodworkers of America (AFL-CIO) [formed International Association of Machinists and Woodworkers (AFL-CIO)] Aluminum, Brick & Glass Workers (AFL-CIO) United Steelworkers of America (AFL-CIO)

(Continued)

TABLE 4.2 Significant Union Mergers, 1993–2005

Note: Italicized union is the survivor.

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are preserved; leadership duplication problems are accommodated; and merged structures are based on strong individual union identities. 59 Union leaders see several benefits from merger, including increased power of the merged unions, greater strategic capability, greater pos- sibilities for growth, staff job security, and greater success possibilities for the leaders. 60 Union members favor mergers in situations where they

1999

Bakery, Confectionery, and Tobacco Workers (AFL-CIO) Grain Millers (AFL-CIO) [formed Bakery, Confectionery, Tobacco Workers, and Grain Millers Union (AFL-CIO)] Oil, Chemical, and Atomic Workers (AFL-CIO) United Paperworkers International Union (AFL-CIO) [formed Paper, Allied Industrial, Chemical Workers (AFL-CIO)] Graphic Artists Guild United Auto Workers (AFL-CIO) International Association of Machinists and Woodworkers (AFL-CIO) National Federation of Federal Employees

2003

Flint Glass Workers (AFL-CIO) United Steelworkers of America (AFL-CIO) International Brotherhood of Teamsters (AFL-CIO) Brotherhood of Locomotive Engineers and Trainmen (AFL-CIO)

2004

Flight Attendants (AFL-CIO) Communications Workers of America (AFL-CIO) Union of Needletrades, Industrial, and Textile Employees (AFL-CIO) Hotel Employees and Restaurant Employees (AFL-CIO) [formed UNITE-HERE! (AFL-CIO)]

2005

Graphic Communications International Union (AFL-CIO) International Brotherhood of Teamsters (then AFL-CIO, now CTW)

Brotherhood of Maintenance of Way Employees (AFL-CIO) International Brotherhood of Teamsters (then AFL-CIO, now CTW)

Paper, Allied-Industrial, Chemical and Energy Workers International Union (AFL-CIO) Steel Workers (AFL-CIO) United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union (AFL-CIO)

TABLE 4.2 Significant Union Mergers, 1993–2005 (continued)

59 G. N. Chaison, “Union Mergers and the Integration of Union Governing Structures,” Journal of Labor Research, 3 (1982), pp. 139–151. 60 K. Stratton-Devine, “Union Merger Benefits: An Empirical Analysis,” Journal of Labor Research, 13 (1992), pp. 133–143.

Chapter 4 Union Structure and Government 119

believe a merged union will improve their employment conditions and/ or the image of the union. 61 Table 4.2 shows major union mergers that occurred between 1993 and 2005.

A study of demographic characteristics and attitudes of a local union’s members who were voting on merging their independent union into a national found that votes for the merger were predicted by the per- ceived effectiveness of the merger, support for the merger by influential co-workers, and the importance of the independent union’s leadership’s recommendation for the merger. Negative votes were predicted by beliefs that dues would increase, the likelihood that strikes would increase, and the importance of the employer’s campaign against the merger. 62

UNION FINANCES

Union finances are generally related to two different functions. The first involves the day-to-day operations of the union, and the second is asso- ciated with the fiduciary obligation of officers in some unions to the collection, trusteeship, and disbursement of pension and welfare benefits to members. The latter is usually found in craft unions or unions in which employers are too small or marginal to administer their own pension programs.

Three major sources of revenue are available to unions: dues from members; fees, fines, and assessments from members; and investment income. Dues and fees are collected at the local level. The nationals and the AFL-CIO levy a per capita tax on the locals. The current AFL-CIO per capita tax is 65 cents monthly; many nationals require locals to remit about 50 percent of dues for their operations. Dues vary widely among unions; some require a flat fee, while others scale fees to earning levels. For full- time workers, typical dues would be equal to about two to two and a half times the member’s hourly pay rate per month. The parent national usually sets minimum and maximum levels, and the local can adjust within those limits. Occasionally, an assessment is added to replenish or maintain strike funds. Most unions require an initiation fee, which is often waived for workers who become members following a successful organiz- ing drive. Initiation fees tend to be high in unions representing employees who frequently change employers, such as in construction, the performing arts, the maritime industry, and the like. In other situations, initiation fees

61 K. Devine and Y. Reshef, “Union Merger Support: A Tale of Two Theories,” Relations Industrielles, 53 (1998), pp. 517–534. 62 J. A. McClendon, J. Kriesky, and A. Eaton, “Member Support for Union Mergers: An Analysis of an Affiliation Referendum,” Journal of Labor Research, 16 (1995), pp. 9–24.

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tend to vary between about $30 and $100. Members in good standing who change unionized employers normally are not required to pay another initiation fee to their new local.

A union’s ability to service the workers it represents depends, to an extent, on the dues paid by members. As noted earlier in the discussion of functional democracy, all employees who are represented are not neces- sarily members. In federal government employment, union shop clauses cannot be negotiated. Further, unions cannot strike. Free riding by non- member federal employees approaches almost two-thirds of the number of employees represented by the American Federation of Government Employees and other federal sector unions. This has led to low solvency and the need to borrow money to cover operating expenses during certain periods. It has also probably reduced the effectiveness of the unions in bargaining and contract administration. 63

Financial Malfeasance The Landrum-Griffin Act, as well as state criminal codes, specifies a vari- ety of illegal financial transactions for labor unions. In 1998, Teamsters General President Ron Carey was barred from ever holding union office again as a result of money laundering that funneled funds to his reelection campaign in 1997. In general, national unions have been free of financial transgressions by their officers. And, given the large number of local and intermediate bodies that exist, there are relatively few instances of embezzlement in these organizations. One study found that during a two- year period between 1993 and 1995, 104 persons were convicted under the federal statute prohibiting embezzlement from unions. In general, losses tended to be under $25,000; the victimized unions were small in both membership and financial resources; and the perpetrators were most often male part-time officers who acted alone. 64

A broader study of incidents of union corruption collected by the U.S. Department of Labor enumerated 1,236 incidents with costs exceeding $1.42 billion. About half of the incidents and $117 million of the losses were associated with embezzlement and other financial malfeasance. Nonfinancial corrupt practices involved denial of due process and union democracy; campaign finance; and bribery, extortion, kickbacks, and the like. The magnitude of general corruption including mob ties,

63 M. F. Masters and R. S. Atkin, “Financial and Bargaining Implications of Free Riding in the Federal Sector,” Journal of Collective Negotiations in the Public Sector, 22 (1993), pp. 327–340. 64 A. L. Bowker, “Trust Violators in the Labor Movement: A Study of Union Embezzlements,” Journal of Labor Research, 19 (1998), pp. 571–579.

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racketeering, and improper political contributions totaled almost $350 million. Pension malfeasance involved 65 instances, with a cost of $945 million. 65

Pension Administration Pension plans are frequently administered by craft and other unions when the size of employers is small or employment is transient. Craft union dues are greater than those in industrial unions, with a portion set aside for benefits. Other unions require that employers make a per capita payment, as in the National Master Freight Agreement with the Teamsters, which required a contribution of $9.29 per hour in 2003, ris- ing to $12.39 at the end of the contract in 2008, for health, pension, and welfare payments.

Administering pension programs has become an increasingly important issue for both union administrators and members. Union involvement has recently expanded with the voluntary employee ben- efits association (VEBA) established to handle UAW retiree health care benefits during the 2007 auto industry negotiations. More details on VEBAs will be covered in Chapter 9. The Employee Retirement Income Security Act of 1974 requires that pension administrators safeguard and prudently invest contributions made toward retirement. Certain invest- ment practices, such as risky or low-interest loans, are illegal. Invest- ments in an individual’s own organization are also largely precluded. Given equivalent expected returns, however, unions may channel financ- ing toward projects that will enhance employment of their members. For example, building trades unions may provide financing for housing projects and other activities that will require increased employment of building trades workers.

Summary Organized labor essentially has a three-tiered structure (local, national, and federation), with power concentrated at the second level. At the local level, the most typical structure is the single-employer bargaining unit. Multiemployer units are perhaps most common in the construction industry. National unions are of two major types—craft, representing workers in a specific occupation; and industrial, representing occupations in a specific industry. Recently, several large unions left the AFL-CIO to form Change to Win, roughly dividing the U.S. labor movement into two groups of about equal size.

Although the local is the workers’ direct representative, members’ inter- ests in internal affairs are generally low. They appear to view the union

65 A. J. Thieblot, “Perspectives on Union Corruption: Lessons from the Databases,” Journal of Labor Research, 27 (2006), pp. 513–536.

122 Labor Relations

Discussion Questions

as their employment agent and allow a cadre of activists to control its internal politics.

National union structures, particularly the industrials, adapt to both the breadth of their constituencies and the concentration within their indus- tries. For example, the UAW has a General Motors Department, while AFSCME has various state- or local-based councils.

Whether unions operate democratically depends on the definition of the term. Most do not have two-party systems, and many equate dissent with attempts to undermine union goals. On the other hand, local officers are elected directly, and international officials are chosen in a manner simi- lar to a presidential nominating convention. Unions introduce democracy into the work setting by requiring a bargaining contract. Within unions, the checks and balances initiated through their constitutions and contracts increase democracy and safeguards for members.

1. If you were recommending an organizational structure for a national union, what factors would you advise that it consider (industrial concentration, occu- pations it represents, etc.)?

2. Defend or attack the usual method of electing an international president (through local delegates and international staff members at the convention).

3. Should local unions have more control over the scope and terms of negotiated agreements, or should national unions still retain approval and veto power?

4. How should the union movement respond structurally to the increasing global- ization of business?

5. What would happen to the structure of the union movement if representation were deregulated and for-profit organizations could also represent workers?

6. Are the goals of the AFL-CIO and CTW basically identical, or is the new federa- tion a viable strategic alternative for revitalizing the labor movement?

Chapter 4 Union Structure and Government 123

Business agent, 91 Executive committee, 92 Negotiation committee, 92 Stewards, 92 Superseniority, 92 Functional democracy, 93 Dual governance, 94

Bargaining units, 94 Open shop, 94 National union, 96 International union, 96 Conventions, 96 Field representatives, 96 Corporate campaigns, 99 Political action committees, 99

National Education Association (NEA), 101 National departments, 103 American Federation of State, County, and Municipal Employees (AFSCME), 108 Central bodies, 115 Free riding, 120

Key Terms

Selected Union Web Sites

www.aflcio.org www.afscme.org www.changetowin.org www.iamaw.org www.iuoe.org www.teamsters.org www.uaw.org