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"So Closely Intertwined": Labor Interests and Racial Solidarity

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Seattle University School of Law Digital Commons Faculty Scholarship 1-1-2013 "So Closely Intertwined": Labor Interests and Racial Solidarity Charlotte Garden Nancy Leong Follow this and additional works at: https://digitalcommons.law.seattleu.edu/faculty Part of the Civil Rights and Discrimination Commons, and the Labor and Employment Law Commons Recommended Citation Charlotte Garden and Nancy Leong, "So Closely Intertwined": Labor Interests and Racial Solidarity, 81 GEO. WASH. L. REV. 1135 (2013). https://digitalcommons.law.seattleu.edu/faculty/121 This Article is brought to you for free and open access by Seattle University School of Law Digital Commons. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Seattle University School of Law Digital Commons. For more information, please contact [email protected]. "So Closely Intertwined": Labor and Racial Solidarity Charlotte Garden* & Nancy Leong** ABSTRACT Conventional wisdom tells us that labor unions and people of color are adversaries. Commentators, academics, politicians, and employers across a broad range of ideologies view the two groups' interests as fundamentally op- posed and their relationshipas predictablyfraught with tension. For example, commentators assert that unions capture a wage premium that mostly benefits white workers while making it harderfor workers of color to find work; that unions deprive workers of color of an effective voice in the workplace; and that unions are interested in workers of color only to the extent that they can showcase them to manufacture the appearanceof racial diversity. Like much conventional wisdom, the narrative of rivalry between unions and people of color is flawed. In reality, labor unions and civil rights groups work together to advance a wide array of mutual interests. This work ranges from lobbying all levels of government to protesting working conditions across the country. Moreover, unions can improve the lives of workers of color-whether or not they are union members-through activities that range from bargaining for better wages and working conditions to providing ser- vices like job training and continuing education to under-resourced communities. We aim to replace the conventional wisdom with a narrative that more accurately describes the occasionally complicated but ultimately hopeful rela- tionship between labor and race. In developing this narrative, we anchor our conclusions in an interdisciplinaryliterature that includes insights from legal, economic, psychological, and sociological scholarly research. This extensive body of scholarship indicates that union membership has significant benefits for workers of color in the form of higher wages and improved benefits, more racially congenial workplaces, and deeper cross-racial understanding. We complement this robust scholarly literaturewith real-world examples of union success at improving the well-being of workers and communities of color. In contrast to many other commentators, then, our account is largely optimistic, though we emphasize that there is still work for the labor movement to do. * Assistant Professor, Seattle University School of Law. ** Assistant Professor, University of Denver Sturm College of Law. We are grateful to the following people, each of whom provided helpful feedback on previ- ous versions of this paper: Robert Chang, Alan Chen, Marion Crain, Ellen Dannin, Owen Da- vies, Carmen Gonzalez, Justin Pidot, James Gray Pope, Nantiya Ruan, Ahmed White, and the participants in ClassCrits V and the 2012 conference of the Interuniversity Research Centre on Globalization and Work. We also thank the editors of the George Washington Law Review for their careful and diligent work on this Article. July 2013 Vol. 81 No. 4 1135 1136 THE GEORGE WASHINGTON LAW REVIEW [Vol. 81:1135 TABLE OF CONTENTS INTRODUCTION ................................................. 1136 I. CONVENTIONAL WISDOM ............................... 1141 A. "Interests of White and Nonwhite Workers Are Fundamentally Opposed... ............ 1142 B. "Unions Benefit Only White Workers." .......... 1145 C. "Unions Lack Racial Empathy." ............... 1151 D. "Unions Don't Care About Communities of Color."....................... ..... 1157 II. LOOKING BACK, THINKING AHEAD............... 1159 A. Historical Foundations ....................... 1160 B. Explaining the Persistence of Narrative.......... 1166 C. The Need to Reassess ................ ....... 1170 III. MORE CLOSELY INTERTWINED.................... 1174 A. White and Nonwhite Workers' Interests Converge ... 1176 B. Unions Benefit Nonwhite Members .............. 1183 1. O rganizing D rives .............................. 1184 2. Contract Administration........................ 1186 C. Unions Foster Racial Empathy ..................... 1194 D. Unions and Communities of Color Benefit One A nother ............................................. 1198 1. Better Communities ............................ 1198 2. Stronger Activism ..................... 1205 CONCLUSION ....................................... 1209 INTRODUCTION "As I have said so many times, and believe with all my heart, the coalition that can have the greatest impact in the struggle for human dignity here in America is that of the Negro and the forces of labor because their fortunes are so closely intertwined."' On March 18, 1968, Martin Luther King, Jr. traveled to Memphis to march in support of striking sanitation workers.2 Hundreds of workers-whose protest was ignited after two of their brethren were crushed to death while operating a faulty garbage truck-carried 1 Letter from Martin Luther King, Jr., to Louis Simon, Manager, Amalgamated Laundry Workers Joint (Jan. 16, 1962), available at http://www.thekingcenter.org/archive/document/let- ter-mlk-louis-simon. 2 MICHAEL K. HONEY, GOING DowN JERICHO ROAD: THE MEMPHIS STRIKE, MARTIN LUTHER KING's LAST CAMPAIGN 1-2, 292 (2007) [hereinafter HONEY, GOING DowN JERICHO ROAD]. 2013] "SO CLOSELY INTERTWINED" 1137 picket signs reading "I Am A Man."3 Alongside them marched an interracial coalition of ministers, union leaders, students, and commu- nity members.4 After unexpected vandalism and police violence cut the march short, King left Memphis,5 and city officials grew confident that they would easily break the strike. 6 King soon concluded that he could not abandon the strikers, how- ever, not least because he considered their campaign to be a micro- cosm of his own Poor People's Campaign-failure in the former could increase the likelihood of failure in the latter.7 Moreover, the strike had become "a broad human rights confrontation in which almost every aspect of Negro life in Memphis [was] .. at issue."8 Thus, King returned to Memphis, where, on April 3, he delivered his "I've Been to the Mountaintop" speech, telling listeners that "masses of people are rising up. And wherever they are assembled today . the cry is always the same-'We want to be free.'" 9 King was shot and killed the next day.'0 One might say, then, that King died defending not only civil rights but also labor rights and, moreover, perhaps he would not have drawn a sharp distinction between the two.'" The Memphis sanitation workers' heroic struggle to gain union recognition and a collective bargaining agreement is emblematic of countless recent and historical examples of productive coalitions be- 3 Id. at 1-2, 335. 4 Id. at 335-36. 5 Id. at 344-47, 378. 6 See id. at 367-72, 382-85. 7 See id. at 380. 8 Paul Valentine, The Memphis Strife: Rights Confrontation, WASH. POST, Mar. 31, 1968, at Al. 9 Dr. Martin Luther King, Jr., I've Been to the Mountaintop (Apr. 3, 1968), available at http://www.afscme.orglunion/history/mlklive-been-to-the-mountaintop-by-dr-martin-luther-king- jr. King's speech was named for its closing paragraph, which eerily presaged his own death: Well, I don't know what will happen now. We've got some difficult days ahead. But it doesn't matter with me now. Because I've been to the mountaintop. And I don't mind. Like anybody, I would like to live a long life. Longevity has its place. But I'm not concerned about that now. I just want to do God's will. And He's allowed me to go up to the mountain. And I've looked over. And I've seen the promised land. I may not get there with you. But I want you to know tonight, that we, as a people, will get to the promised land. And I'm happy, tonight. I'm not worried about anything. I'm not fearing any man. Mine eyes have seen the glory of the coming of the Lord. Id. 10 HONEY, GOING DOWN JERICHO ROAD, supra note 2, at 433-35. 11 Dr. King's mindset is apparent in the "I've Been to the Mountaintop" Speech, in which he continually draws on both civil rights and labor rights narratives, moving fluidly between topics such as slavery and freedom, fairness and injustice, the Memphis strikers' demands, and the broader civil rights movement. See Dr. Martin Luther King, Jr., supra note 9. 1138 THE GEORGE WASHINGTON LAW REVIEW [Vol. 81:1135 tween labor unions, civil rights groups,'12 and workers of color. Civil rights groups have worked arm-in-arm-often literally-with unions during organizing campaigns, and union organizing campaigns are themselves more likely to succeed in diverse or majority-minority workplaces." Likewise, civil rights groups and unions work together to get out the vote, influence elections, and lobby on a broad spectrum of issues ranging from labor and employment discrimination law re- form to consumer protection.14 Despite this compelling evidence of cooperation between
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