MARCHING AWAY FROM THE COLD WAR
By David Bacon
Chapter 11 in "Wisconsin Uprising - Labor Fights Back"
Monthly Review Press, 2012
http://monthlyreview.org/press/books/pb2808/


One sign carried in almost every May Day march of the last few years 
in the United States says it all: "We are Workers, not Criminals!" 
Often it was held in the calloused hands of men and women who looked 
as though they'd just come from work in a factory, cleaning an office 
building, or picking grapes.

The sign stated an obvious truth. Millions of people have come to the 
United States to work, not to break its laws. Some have come with 
visas, and others without them. But they are all contributors to the 
society they've found here.

In the largest U.S. May Day event this year, marchers were joined by 
the public workers who protested in the state capitol in Madison, 
Wisconsin, who have become symbols of the fight for labor rights in 
the U.S.  Their message was the same: we all work, we all contribute 
to our communities and we all have the right to a job, a union and a 
decent life.

May Day marches and demonstrations over the last five years have 
provided a vehicle in which immigrants protest their lack of human 
rights, and unions call for greater solidarity among workers facing 
the same corporate system.  The marches are usually organized by 
grass roots immigrant rights groups, increasingly cooperating with 
the formal structure of the labor movement.  This year the attacks on 
public workers provided an additional push to unions to use May Day 
as a vehicle for protest.

AFL-CIO President Richard Trumka spoke at the largest of those 
marches, in Milwaukee, where national attention has focused on the 
attacks on public workers and their mass resistance.  Trumka's 
presence marked two important political changes in labor.  May Day is 
no longer a holiday red-baited in the U.S. labor movement, but one 
used to promote a defense of workers' rights, as it is in the rest of 
the world.  And unions are slowly adopting a tradition of May Day 
demonstrations calling for immigrant rights, a tradition begun by 
immigrant communities themselves in 2006.

For the last five years, May Day protests have responded to a wave of 
draconian proposals to criminalize immigration status, and work 
itself, for undocumented people. The defenders of these proposals 
have used a brutal logic: if people cannot legally work, they will 
leave.  But undocumented people are part of the communities they live 
in.  They seek the same goals of equality and opportunity that 
working people in the United States historically have fought to 
achieve.  In addition, for most immigrants, there are no jobs to 
return to in the countries from which they've come.

Instead of recognizing this reality, the U.S. government has 
attempted to make holding a job a criminal act. Thousands of workers 
have already been fired. Some have been sent to prison for inventing 
a Social Security number just to get a job. Yet they stole nothing 
and the money they've paid into Social Security funds now subsidizes 
every pension or disability payment.

Undocumented workers deserve legal status because of that labor-their 
inherent contribution to society.  Past years' marches have supported 
legalization for the 12 million undocumented people in the United 
States. In addition, immigrants, unions and community groups have 
called for repealing the law making work a crime, ending guest worker 
programs, and guaranteeing human rights in communities along the 
U.S./Mexico border.

Undocumented workers and public workers in Wisconsin have a lot in 
common.  With unemployment at almost 9% nationally, and higher in 
many states, all working families need the Federal government to set 
up jobs programs, like those Roosevelt pushed through Congress in the 
1930s. If General Electric alone paid its fair share of taxes, and if 
the troops came home from Iraq and Afghanistan, every person wanting 
a job could find work building roads, schools, and hospitals.  All 
communities would benefit.

Immigrants and public workers need strong unions that can push wages 
up, and guarantee pensions for seniors and healthcare for the sick 
and disabled. A street cleaner whose job is outsourced, and an 
undocumented worker fired from a fast food restaurant both need 
protection for their right to work and support their families.

Instead, some states like Arizona, and now Georgia, have passed 
measures allowing police to stop any "foreign looking" person on the 
street, and question their immigration status. Arizona passed a law 
requiring employers to fire workers whose names are flagged by Social 
Security. In Mississippi an undocumented worker accused of holding a 
job can get jail time of 1-5 years, and fines of up to $10,000.

The states and politicians that go after immigrants are the same ones 
calling for firing public workers and eliminating their union rights. 
Now a teacher educating children has no more secure future in her job 
than an immigrant cleaning an office building at night.

In Milwaukee President Trumka told marchers, "It's the same fight. 
It's the same people that are attacking immigrants' rights, workers' 
rights, student rights, voting rights."  He paid tribute to the role 
immigrants have played in resurrecting May Day as a day for worker 
demonstrations in the U.S. 

"Your voices have been heard across this nation," Trumka said, 
"inspiring an uprising of America's working people, standing together 
and saying 'No' to divide-and-conquer politics.  'No!' to tearing 
working families down, rather than building us up.  'No!' to 
corporate-backed politicians trying to turn us into a low-wage, 
no-rights workforce as payback to their CEO friends. And what is this 
America we want?  It's a land of equal opportunity, a land of 
fairness in the workplace and society."

While May Day marches this year were smaller than the millions-strong 
turnout of five years ago, they had a more organized participation 
from unions themselves.  That marks a fundamental shift in the 
attitude of U.S. labor towards May Day.

Although Mayday was born in the fight for the 8-hour day in Chicago 
more than a century ago, during the Cold War U.S. unions stopped 
celebrating it.  In 1949 nine leftwing unions were expelled from the 
Congress of Industrial Organizations, and a witch hunt then purged 
activists, including Communists, socialists and anarchists, from 
leadership in most unions.  The U.S. labor movement grew more 
conservative, enshrining a "business unionism" model, which 
negotiated increases in wages and benefits while defending the 
corporate system. 

Eventually, some of the highest elements of U.S. labor leadership 
collaborated with U.S. intelligence services in supporting right-wing 
coups in other countries, in which labor and political militants were 
murdered.  At the same time, unionists in the U.S. who advocated 
celebrating May Day as a symbol of international labor solidarity 
were attacked and red-baited.

In the late 1970s and 1980s, however, large corporations, assisted by 
the government, intensified their attacks on unions and workers.  The 
percentage of workers belonging to unions fell drastically, causing 
an internal crisis in the labor movement.  Many Cold War-era leaders 
were challenged, and at the AFL-CIO convention in New York in 1995 a 
contest over leadership brought John Sweeney to power as president. 
Richard Trumka, who'd led a critical battle of coal miners against 
the Pittston Corporation, was elected secretary-treasurer.

At that time, Trumka proposed a new model for internationalism in 
U.S. labor.  "The cold war has gone," he declared.  "It's over.  We 
want to be able to confront multinationals as multinationals 
ourselves now.  If a corporation does business in 15 countries, we'd 
like to be able to confront them as labor in 15 countries.  It's not 
that we need less international involvement, but it should be focused 
towards building solidarity, helping workers achieve their needs and 
their goals here at home."

Jack Henning, past executive secretary of the California Labor 
Federation, one of the most vocal critics of the old AFL-CIO 
Department of International Affairs, admitted, "we were associated 
with some of the very worst elements...all in the name of 
anti-communism.  But I think there's an opportunity now to review our 
foreign activities, to stop the global competition for jobs among the 
trade unions of the world."

Their ideas embodied a pragmatic view of solidarity, a first step 
away from that Cold War past.  But it was not radical enough to 
confront the new challenges of globalization  - the huge displacement 
and migration of millions of people, the enormous gulf in the 
standard of living dividing developed from developing countries, and 
the wars fought to impose this system of global economic inequality.

Slowly, Cold War barriers began to come down.  In Colombia, the 
United Steel Workers became a bastion of support for the embattled 
unionists of its leftwing labor federation.  In Mexico the USW 
supported striking copper miners in Cananea, and gave refuge to their 
exiled union president in Canada.  Under pressure from US Labor 
Against the War, the AFL-CIO publicly rejected U.S. military 
intervention in Iraq.  But progress was uneven.  The Democratic 
Party's support for war in Afghanistan and for Israel's attack on 
Gaza was greeted with silence.  In Venezuela, U.S. labor even 
supported coup plotters against the radical regime of Hugo Chavez. 

Among U.S. union members at home, the key issues were jobs and trade 
policy, and their corollaries, displacement and immigration.  The 
implementation of the North American Free Trade Agreement in 1994 
(supported by both U.S. political parties), and the battle in Seattle 
at the World Trade Organization meeting of 1999, profoundly affected 
workers' thinking about their own future.  Many were educated by the 
fight against corporate trade policy, and began to understand the way 
neoliberal reforms displaced workers and farmers in Mexico, leading 
to migration across the U.S./Mexico border.  That understanding 
created a base for solidarity with Mexican workers in the U.S. that 
did not exist during the Cold War era.

During the years after 1994, when NAFTA took effect, over six million 
people from Mexico migrated to the U.S. in search of jobs.  The 
number of people living in the U.S. without legal immigration status 
climbed to over 12 million.  Those workers, as they faced threats to 
imprison them as criminals because of their immigration status, began 
using May Day marches to call for human, political and labor rights. 
People migrating to the U.S. came with a tradition of using May Day 
celebrations to call for labor rights.  May Day in the U.S. became 
their vehicle to challenge anti-immigrant hysteria.

This wave of increasingly assertive workers was hardly the first to 
challenge U.S. unions, many of which were organized by earlier 
immigrants and their children.  But U.S. unions were organized in a 
working class deeply divided by race and nationality. Some unions saw 
(and still see) immigrants as unwelcome job competitors, and sought 
to exclude, and even deport them.  But other unions fought racism and 
anti-immigrant hysteria, and argued for organizing all workers 
together.

Today, undocumented immigrants wonder, "Will my union defend me when 
the government tells my boss to fire me because I don't have papers?" 
It's not an abstract question.  Thousands of workers have already 
been fired in the Obama administration's program to enforce 
immigration law in the workplace.  Last year alone, almost 400,000 
people were deported, almost all ordinary workers.

The debate over immigration policy puts critical questions before 
U.S. unions.  Are unions going to defend all workers, including the 
undocumented?  Should unions support immigration enforcement designed 
to force millions of workers from their jobs?  How can labor achieve 
the unity and solidarity it needs to successfully confront 
transnational corporations, both internally within the U.S., and 
externally with workers in countries like Mexico?

The White House website says "President Obama will remove incentives 
to enter the country illegally by preventing employers from hiring 
undocumented workers and enforcing the law."  A few months after 
taking office he told Congress members that the government was 
"cracking down on employers who are using illegal workers in order to 
drive down wages -- and oftentimes mistreat those workers."

The law Obama is enforcing is the 1986 Immigration Reform and Control 
Act, which requires employers to keep records of workers' immigration 
status, and prohibits them from hiring those who have no legal 
documents, or "work authorization."  In effect, the law made it a 
crime for undocumented immigrants to work.  This provision, employer 
sanctions, is the legal basis for all the workplace immigration raids 
and enforcement of the last 23 years.  "Sanctions pretend to punish 
employers," says Bill Ong Hing, law professor at the University of 
California at Davis.  "In reality, they punish workers."

The history of workplace immigration enforcement is filled with 
examples of employers who use audits and discrepancies as pretexts to 
discharge union militants or discourage worker organization.  The 
16-year union drive at the Smithfield pork plant in North Carolina, 
for instance, saw two raids, and the firing of 300 workers for bad 
Social Security numbers. 

Whether motivated by economic gain or anti-union animus, the firings 
highlight larger questions of immigration enforcement policy.  "These 
workers have not only done nothing wrong, they've spent years making 
the company rich.  No one ever called company profits illegal, or 
says they should give them back to the workers.  So why are the 
workers called illegal?" asks Nativo Lopez, director of the Hermandad 
Mexicana Latinoamericana.   "Any immigration policy that says these 
workers have no right to work and feed their families is wrong and 
needs to be changed."

President Obama says sanctions enforcement targets employers "who are 
using illegal workers in order to drive down wages -- and oftentimes 
mistreat those workers."  This restates a common Bush administration 
rationale for workplace raids.  Former ICE Director Julie Meyers 
asserted that she was targeting "unscrupulous criminals who use 
illegal workers to cut costs and gain a competitive advantage."  An 
ICE Worksite Enforcement Advisory claims "unscrupulous employers are 
likely to pay illegal workers substandard wages or force them to 
endure intolerable working conditions."

Curing intolerable conditions by firing or deporting the workers who 
endure them doesn't help the workers or change the conditions, 
however.  And that's not who ICE targets anyway.  Workers at 
Smithfield were trying to organize a union to improve conditions.  In 
Minneapolis, 1200 fired janitors at ABM belonged to SEIU Local 26, 
got a higher wage than non-union workers, and had to strike to win 
it.  And despite President Obama's notion that sanctions enforcement 
will punish those employers who exploit immigrants, employers are 
rewarded for cooperation by being immunized from prosecution.  This 
policy only hurts workers.

The justification is implicit in the policy's description on the 
White House website:  "remove incentives to enter the country 
illegally."  This was the original justification for employer 
sanctions in 1986 - if migrants can't work, they won't come.  Of 
course, people did come, because at the same time that Congress 
passed the Immigration Reform and Control Act, it also began debate 
on the North American Free Trade Agreement.  That virtually 
guaranteed future migration. "The real questions we need to ask are 
what uproots people in Mexico, and why U.S. employers rely so heavily 
on low-wage workers," says law professor Bill Ong Hing.

No one in the Obama administration wants to stop migration to the 
U.S. or imagines that this could be done without catastrophic 
consequences.  The very industries it targets for enforcement are so 
dependent on migrant labor they would collapse without it. 
Immigration policy consigns those migrants to an "illegal" status, 
and undermines the price of their labor.  Enforcement then becomes a 
means for managing the flow of these migrants, and making their labor 
available to employers at a price they want to pay. 

Managing the flow is the object, not just of current policy, but also 
of the proposals for immigration reform that have been supported by 
the Obama, Bush, and Clinton administrations.  Bush's Secretary of 
Homeland Security Michael Chertoff explained the purpose of these 
proposals clearly.  "There's an obvious solution to the problem of 
illegal work," he said, "which is you open the front door and you 
shut the back door."   "Opening the front door" allows employers to 
recruit "guest" workers to come to the U.S., giving them visas that 
tie their ability to stay to their employment.  And to force workers 
to come through this system, "closing the back door" criminalizes 
migrants who work without "work authorization."  When she was Arizona 
governor, current DHS Secretary Janet Napolitano supported this 
arrangement, signing the state's own draconian employer sanctions 
bill, while supporting guest worker programs. 

The comprehensive reform bills died in Congress over the last several 
years.  But Bush and Obama both began implementing their key 
provisions through administrative action.  The use of guest worker 
programs, especially for farm workers, has grown rapidly.  And 
enforcement through deportations, detention and firings has 
mushroomed.

This growing wave of firings is provoking sharp debate in unions, 
especially those with large immigrant memberships.  ABM's janitors, 
for instance, were dues-paying members for years.  They expect the 
union to defend them when the company fires them for lack of status. 
At American Apparel, where 2000 sewing machine operators were fired 
in 2009, there was no union, but some workers had actively tried to 
organize one.  "I worked with the International Ladies' Garment 
Workers and the Garment Workers Center," recalls Jose Covarrubias. 
"When I got to American Apparel I joined right away.  I debated with 
the non-union workers, trying to convince them the union would defend 
us."  Covarrubias was fired with the rest, and unions in Los Angeles 
did very little to help them.

The twelve million undocumented people in the U.S., spread in 
factories, fields and construction sites throughout the country, 
includes lots of workers like Covarrubias.  Many are aware of their 
rights and anxious to improve their lives.  National union organizing 
campaigns, like Justice for Janitors and Hotel Workers Rising, depend 
on their determination and activism.  That reality convinced the 
AFL-CIO in 1999 to reject the federation's former support for 
employer sanctions, and call for repeal.  Unions recognized that 
sanctions enforcement has made it much more difficult for workers to 
defend their rights, organize unions, and raise wages.

Opposing sanctions, however, put labor in opposition to the Obama 
administration, which it helped elect.  Some Washington DC lobbying 
groups now support sanctions enforcement instead.  One group, Reform 
Immigration for America, says, "any employment verification system 
should determine employment authorization accurately and 
efficiently."  The AFL-CIO and the Change to Win labor federation in 
2009 also agreed on a new immigration position that supports a 
"secure and effective worker authorization mechanism ...one that 
determines employment authorization accurately while providing 
maximum protection for workers."  Verification of authorization is 
exactly what happened at American Apparel and ABM.  When workers 
couldn't provide authorization, they were fired. 

With a few exceptions, U.S. unions have been mostly silent in the 
face of the firings.  That undermines their growing criticism of the 
way corporate trade policies produce undocumented migration.

Before he retired and was succeeded by Richard Trumka, John Sweeney, 
former president of the AFL-CIO, wrote to President Obama and 
Canadian Prime Minister Harper.  He reminded them that "the failure 
of neoliberal policies to create decent jobs in the Mexican economy 
under NAFTA has meant that many displaced workers and new entrants 
have been forced into a desperate search to find employment 
elsewhere."  The joint immigration position of the AFL-CIO and Change 
to Win federations recognized that "an essential component of the 
long-term solution [to immigration reform] is a fair trade and 
globalization model that uplifts all workers." 

Continued support for work authorization and employer sanctions 
contradicts this understanding.  Even with a legalization program, 
millions of people will remain without papers, as more come every 
year.  For them, work without "authorization" will still be a crime. 
And while employer sanctions will not stop migration, they will make 
those workers vulnerable to employer pressure.

In a speech in Cleveland in 2010 AFL-CIO President Trumka challenged 
"working people who should know better, some in my own family - [who 
say] that those immigrants are taking our jobs, ruining our country 
... When I hear that kind of talk, I want to say, did an immigrant 
move your plant overseas?  Did an immigrant take away your pension? 
Or cut your health care?  Did an immigrant destroy American workers' 
right to organize?  Or crash the financial system? Did immigrant 
workers write the trade laws that have done so much harm?"

Trumka accurately described the class exploitation that underlies 
U.S. immigration policy.  "Too many U.S. employers actually like the 
current state of the immigration system-a system where immigrants are 
both plentiful and undocumented-afraid and available," he explained. 
"Too many employers like a system where our borders are closed and 
open at the same time - closed enough to turn immigrants into 
second-class citizens, open enough to ensure an endless supply of 
socially and legally powerless cheap labor."

Trumka concluded by declaring that "we are for ending our two-tiered 
workforce and our two-tiered society ... We need to restore workers' 
fundamental human right to organize and bargain with their employers. 
And we need to make sure every worker in America - documented or 
undocumented - is protected by our labor laws."

When he called for "a land of fairness in the workplace and society" 
in Milwaukee a year later on May Day, immigrant workers in the 
audience at that march, and those who read his words later, hoped 
this would mean a sharper challenge to the Obama enforcement policy.

Across the country, tens of thousands marched and rallied to call for 
national immigration reform and to support all workers' rights. 
Marchers often bore placards declaring: "Somos Unos-Respeten Nuestros 
Derechos" or "We Are One-Respect Our Rights."  In addition to the 
100,000 in Milwaukee, ten thousand marched in Los Angeles, five 
thousand in San Jose (in the heart of California's Silicon Valley), 
and thousands more in New York, Atlanta, Houston, Buffalo, Chicago 
and other major cities.  Smaller towns with a large immigrant 
population, like Fresno, in the heart of California's agricultural 
complex, also turned out large demonstrations.  In Boston, marchers 
demanded "From Cairo to Wisconsin to Massachusetts - Defend All 
Workers' Rights."

In Milwaukee, Jose Salazar, a volunteer with Equality Wisconsin, 
joined Trumka on the stage.  "Issues relating to immigration and 
labor law affect us all," he told the crowd. "That is why the lesbian 
and gay community is joining today's May Day March for Immigrant and 
Worker Rights.  We march to protest Governor Scott Walker's budget 
cuts that hurt our families and children.  And we march to support 
the union between immigrant and worker communities."


For more articles and images, see  http://dbacon.igc.org

See also Illegal People -- How Globalization Creates Migration and 
Criminalizes Immigrants  (Beacon Press, 2008)
Recipient: C.L.R. James Award, best book of 2007-2008
http://www.beacon.org/productdetails.cfm?PC=2002

See also the photodocumentary on indigenous migration to the US
Communities Without Borders (Cornell University/ILR Press, 2006)
http://www.cornellpress.cornell.edu/cup_detail.taf?ti_id=4575

See also The Children of NAFTA, Labor Wars on the U.S./Mexico Border 
(University of California, 2004)
http://www.ucpress.edu/books/pages/9989.html
-- 
__________________________________

David Bacon, Photographs and Stories
http://dbacon.igc.org

__________________________________

[Non-text portions of this message have been removed]



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