Local unions are usually coordinated by a regional officer.

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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.

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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.

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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.

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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.

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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