I appreciated Kamala Harris’s Labor Day speech:
| For generations in Detroit and across our nation, the brothers and sister of labor have stood together to righteously demand fair pay, better benefits, safe working conditions. And let me say, every person in our nation has benefitted from that work. Everywhere I go, I tell people: “Look, you may not be a union worker—you better thank a union worker. For the five-day work week. You better thank a union member for sick leave. You better thank a union worker for paid leave. You better thank a union member for vacation time. Because what we know is when union wages go up, everyone’s wages go up. When union work places are safer, every workplace is safer. When unions are strong, America is strong.“ |
I continue to struggle with my role as a union supporter. I have not recovered from the phone call, during Covid, when the president of SXU (Laurie Joyner) and the Chair of the Board of Trustees (Trish Morris) informed me (Chair of the Faculty Union), and Jackie Battalora (Associate Chair), and Robert Bloch (our lawyer), that the University would no longer recognize our union, and would immediately discontinue its current round of collective bargaining.
On a personal level, I felt responsible. The negotiations had been long and embattled. Both sides were dug in. All the dynamics of power plays and personalities in such dealings were in evidence, and the protracted process, over two years in duration, came to a fruitless end. The conversations of our team had featured some of the best of colleagueship among the membership, but also some of the folly of striving and advocacy, with missed steps, missed opportunities, posturing, misguided kinds of assertiveness and power plays, and the like, all too common in labor negotiations.
The stalled negotiations conveyed a failure of the university I have not yet recovered from. The failure was a breakdown in communication; it was a foregone conclusion, where each side remained at the end exactly where they had been at the start. Persuasion was not an option. In my classes I teach of the Platonic dialogue, whereby the whole is greater than the sum of the parts, whereby perspectives, in coming together and against one another, all add to and correct the limitations of any single one of them; whereby a new entity, a “synthesis,” is possible and sought after. I had belief in such a thing, but in this episode, the reality on both sides was entrenchment. Nonetheless, internally, to our collective, there was goodwill and hope—honesty and charity—conflict and forgiveness; there was a sense of necessity that we had to put on a strong front (did we?), and so the style of advocacy we employed, one that was highly adversarial, was more or less believed necessary by all involved.
From the perspective of our negotiating team, our adversary had no intention to engage in a Platonic dialectic. The administrators were new hires, brought in by a potentially well-meaning board who, after years of benign neglect and worsening conditions found itself panicked that the institution might not survive, and that the main problem was “that union”—even though this accusation was something more of a trope than a reality. The president brought with her a high-priced union-busting lawyer, and every interaction reinforced an antagonistic dynamic, with variation in subtlety and aggressiveness, but never any chance for an opening that might lead to a genuine collaboration or sharing of power.
It is perhaps a very common tale in labor negotiations. Over the course of our two-year negotiation, our faculty group met with experts in the labor movement, such being the joy of the academic life, that we were eager to learn of the principles and practices of the labor movement while we were engaged in the activities of it. On a personal level, though, I had always hoped we could “change the dynamic”—and find a way to recognize how distinctive and remarkable our 40-year faculty union had been—how pragmatic and moral and effective the union and administration had been in looking out for what worked best for the institution overall.
The Hippocratic Oath rattled in my head. I had stepped into the role of chairperson with hope of serving, of possibly maintaining or improving conditions that for years were incrementally, gradually, evolving in win-win ways. But under my watch the union had ceased to be.
For years our union had operated on a bubble. The Yeshiva Supreme Court ruling of 1980, which suggested that university faculty might be classified as “management,” and thus could not partake in union activity, was made soon after our union was certified by the NLRB (in 1979). Throughout our history, Yeshiva hung over our heads. But the beauty of SXU’s union was that both sides—from the inception—operated on the premise that our union was legitimate; we would engage in collective bargaining as if we had all the protections of the NLRA. Over the course of the union’s existence, in those moments where agreements became strained, faculty hesitated to file an unfair labor practice—i.e., to act as a typical union—for fear that the Yeshiva question at SXU might be called and the whole premise of collective bargaining might be upended. In a way, SXU had transcended the exclusively antagonistic methods of collective bargaining in a great “as if”—we did collective bargaining “as if” we were a union like the UAW, even if we never pushed the process with any of the harder hitting tools of labor law. While some judged us not to be a “real” union, the process of collective bargaining and the respect shown by both sides struck many of us as exemplifying an ideal, even a purified version of labor-management methods of problem-solving.
The Joyner administration found a powerful ally in Donald Trump who appointed union busting leaders to the NLRB. After a few unfavorable decisions to faculty unions, SXU made its move. Divided and demoralized—and in the throes of a pandemic—the union was sapped of strength, and the University made its move on May 28, 2020.
From the perspective of four-plus years later, I’m left thinking how unnecessary it was to beat down the faculty the way the university did. Our negotiations had functioned as a version of shared governance—as a vehicle to achieve some modest concessions on the parts of all parties—where, as one of our esteemed founders stated, neither side “gamed the system,” and all prioritized the welfare and sustainability of the institution, even if only from a perspective of self-interest. I realize that traditional unions had never operated this way—that concessions and benefits were all hard fought, with one or the other party, ultimately, dragged to the finished line, more or less dissatisfied or even embittered. I just wish SXU avoided the nuclear decision to subjugate its faculty, even if, ultimately, their victory was Pyrrhic and largely impractical.
It’s about attitude and perception. I’m grateful for Kamala Harris’s rousing speech, even if only for the way it promotes a mindset opposite to that of busting a union, for the way it suggests the idea, the value, of a union. Or rather, the value of an adversarial process that is not about demonization and conquest but rather dialectic and transcendence—and possible mutual benefit.