How America's Federalized Labor

SOLIDARITY’S WEDGE: HOW AMERICA’S FEDERALIZED LABOR LAW DIVIDES AND DIMINISHES ORGANIZED LABOR IN THE UNITED STATES A Dissertation Presented to the Faculty of the Graduate School of Cornell University In Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy by Alexis Nicole Walker May 2014 © 2014 Alexis Nicole Walker SOLIDARITY’S WEDGE: HOW AMERICA’S FEDERALIZED LABOR LAW DIVIDES AND DIMINISHES ORGANIZED LABOR IN THE UNITED STATES Alexis Nicole Walker, Ph. D. Cornell University 2014 Organized labor is one of the largest voluntary organizations in the United States, representing over 14 million members in a sophisticated network of local, state and national unions interconnected through labor councils, state organizations, and national federations that mount significant electoral and lobbying campaigns. Despite these apparent strengths, organized labor has suffered numerous setbacks including the continued failure to pass national labor law reform and the retrenchment of public sector collective bargaining rights in Wisconsin, which suggest they are less politically effective than we would expect given their membership and resources. Why does organized labor punch below its weight in American politics? This project emphasizes the important role of institutions—namely divided labor law and federalism—in shaping the composition, size, strength and effectiveness of organized labor in the American politics. Exclusion of public sector employees from the foundation of private sector labor law, the Wagner Act, or their own comparable national level law, firmly situated private sector law at the national level while relegating public sector employees’ efforts to gain collective bargaining rights to the state and local level. The national vs. state and local level as sites of demand making are not equivalent. Unable to ride on the coattails of private sector union growth at the national level, public sector employees’ had to fight for legal recognition in every state and locality. Public sector employees’ efforts progressed slowly, were limited to union friendly states, and the collective bargaining rights they did obtain were highly unequal and vulnerable to retrenchment. iii As a consequence of divided labor law, public and private sector unions peaked at different times, preventing a large public/private union movement. Further, divided labor law has contributed to public sector union members’ continued legal vulnerability, the current geographic concentration of labor, and lasting divisions within organized labor that affect union members and leaders’ political behavior today. Divided labor law thus fundamentally altered the development of organized labor over the last half-century in the United States, shedding light on the labor movement’s weak political punch despite the strength and depth of its membership and resources. This work illustrates the powerful role institutions can have in shaping the fortunes of a seemingly “private” organization and, further, sheds light on the current battles over public sector collective bargaining rights in states like Wisconsin. iv BIOGRAPHICAL SKETCH Alexis N. Walker holds a B.A. from Willamette University, an M.A. and, forthcoming, a Ph.D. from Cornell University. Her research interests include American politics, public policy, American political development, political participation and organized labor. Walker’s current research seeks to understand why public sector union density in the United States rose at the very time private sector union density began declining and further why organized labor’s political activities today are relatively ineffectual given the labor movement’s unique position in American politics. More broadly, she is interested in issues of inequality in political voice and is passionate about studying topics of modern-day relevance that can guide policymakers in strengthening our democracy. v ACKNOWLEDGMENTS The completion of my dissertation has been a long journey with many individuals and organizations providing help along the way. My debts are numerous and deep enough that I cannot hope to capture them all here. I am truly thankful to everyone who has supported me throughout this process. I received assistance from a variety of organizations that helped fund and facilitate this research. The Annenberg Public Policy Center granted me access to restricted union variables on the National Annenberg Election Survey that made Chapter Four possible. The Cornell Restricted Access Data Center provided a home for the restricted data, enabling me to conduct my analysis. I accessed important archival material in the Catherwood Library Kheel Center at Cornell; the Archives of the Wisconsin State Historical Society in Madison, Wisconsin; and the Georgetown University Archives. My field research trips to Washington State, Wisconsin and Washington, D.C. were all generously funded by the Horowitz Foundation for Social Policy. One of the most powerful experiences of this research was interviewing local, state and national union leaders. I am so grateful to the labor leaders who generously offered their time; scoured their memories to answer my long list of questions; and opened their doors and welcomed me into their union headquarters and meetings. Their experiences and insights were crucial to this project. As I prepare to move out of Ithaca, I am sad to leave behind a department that has come to feel like home. The Government Department staff, especially our beloved Tina Slater, worked tirelessly to ensure the bureaucratic side of this project ran as smoothly as possible. At all stages of this dissertation, I received feedback from faculty and graduate students throughout the department who helped me progress in my thinking and writing. In particular, my fellow grads vi Martha Wilfahrt, Jason Hecht, Mike Dichio and Mallory SoRelle have been a source of comfort and cheerleading throughout this process. Several faculty members were instrumental to making this project come together. Chris Way, Richard Bensel, Peter Enns and Adam Seth Levine all provided feedback on my work and helped see me through to the finish. Jeff Cowie swooped into my life this year with the lifeline of a year of TAships and the opportunity to immerse myself in labor history like never before, elevating my thinking and my project. Jeff offered a second lifeline that he is probably less aware of, offering me crucial support and friendship when the weight of the job market and finishing my degree felt crushing. Finally, my undergraduate mentor, Richard Ellis, did not relinquish his job as my mentor upon graduation. It was his guidance that led me to graduate school and this degree is a testament to his influence, mentorship, and friendship over more than a decade. Richard, you remain the ideal that I will continue to pattern myself after as I start my career as a professor. My committee has each brought their unique strengths to this project. Rick Hurd provided connections to labor leaders across the country, facilitating many interviews, and kept my research in tune with the labor relations field. Chris Anderson has been a source of unbridled optimism—it was always a relief to hear him say, “we’ll make it work.” I always left meetings with Michael Jones-Correa feeling better about myself and my project. Michael combines critique, support, and problem solving in a way that has made him invaluable to my committee. I will sorely miss his reassuring presence. I am indebted to my chair, Suzanne Mettler, for a conversation we had three years ago in her office. I was struggling to find a dissertation topic when Suzanne asked, “how about unions?” As they say, the rest is history. Suzanne has been a wonderful model to emulate in vii pursuing research that has modern day policy relevance. She has provided support in countless ways, but I am most thankful for the numerous times she stopped me from getting caught up in trying to fit within conventional political science, and instead reminded me to stay true to myself. The combination of historical research, modern day consequences, and policy implications within this project are thanks to Suzanne’s guidance. My family and friends have been a tremendous source of strength and love throughout my life. I feel like this project is a testament to their belief in me. I wish more than I can possibly express that my Mom, Elizabeth Walker, were here to see me reach this milestone. I dedicate this project to her. So many others have stepped in to be there for me that I cannot list them all. Thank you to my “second-moms” Charmain, Vicky, Sue and Pam. My Dad helped move me to Ithaca in an epic road trip and shopping spree that began six years of us growing closer. Dad, thank you for everything you have done to help me complete this degree and become the second Dr. in the family. My Brother means so much to me and I hate that graduating means moving further away from him. Julian, sharing this journey with you just a few hours away has been such a blessing. Finally, six years ago, I moved to Ithaca by myself a year after having lost my mother. I will drive away from Ithaca this month with someone in the seat next to me and a wedding just two months away. Being in the same graduate program certainly creates unique difficulties in a relationship, but it also means that the most important person in your life completely understands what you are going through. Casey, I have to save some of this stuff for my vows, but you are my best friend and greatest support. I am so grateful that you have come into my life and brought such joy to my days. I share this project with you, thank you. viii TABLE OF CONTENTS Abstract iii Biographical Sketch v Acknowledgements vi List of Tables and Figures x I. Introduction 1 II. Labor’s Enduring Divide: The Distinct Paths of Public and Private Sector 23 Unions in the United States III.

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