FORMING A MORE DEMOCRATIC UNION: ORGANIZED LABOR AND AMERICAN DEMOCRACY, IDEALS AND INSTITUTIONS By SUSAN ORR A DISSERTATION PRESENTED TO THE GRADUATE SCHOOL OF THE UNIVERSITY OF FLORIDA IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF DOCTOR OF PHILOSOPHY UNIVERSITY OF FLORIDA 2010 1 © 2010 Susan Orr 2 To my nan, Lavinia Rogerson (1909-2008), and my parents Maureen and Tony Orr 3 ACKNOWLEDGMENTS I sincerely thank the members of my supervisory committee who supported me throughout this project and made significant contributions toward its completion. In no order of importance, I thank Beth Rosenson who is a terrific role model, encouraging reader, and who more than once recommended research papers that I was unaware of, and that proved very helpful. Dan Smith inspired me with his enthusiasm and energy for scholarship that engages the world of politics beyond academia, as well as his knowledge of U.S. labor. He also helped me gain confidence in my academic abilities as he included me on research projects that he was undertaking. Dan O’Neill’s insistence on the relevance of normative theory to contemporary politics is infectious, and surely gave me confidence to attempt to bring theoretical ideas to bear on the issue of labor law. My outside member Bob Zieger willingly took me on when, as a third-year graduate student, I asked him to direct an independent study in the political history of labor. I thoroughly enjoyed our discussions back then; they were invaluable in forming my initial ideas about this project. I have continued to benefit from his wisdom, knowledge of American labor, and judicious approach to scholarship as I completed this dissertation. I am sorry that Jim Button, who passed away just as this project was getting started, is not with us to see it come to fruition. He always listened to my ideas and encouraged me to pursue my interest in American labor. I would especially like to thank Larry Dodd, who has supported my academic pursuits throughout my time at Florida. He is a wonderful teacher who allowed me the freedom to pursue my own academic interests and had more faith in me than I had in myself. His approach to scholarship, which is always attentive to theory and ideas, as well as empirical evidence, no doubt influenced this dissertation and my approach to political science generally. Larry has been a wise mentor to me not just with respect to scholarship, but also in the world beyond academia. 4 He has been approachable, supportive, and a reliable source of sage advice whenever I have needed it, for that I am very grateful. I have benefited greatly from the pluralistic approach that the University of Florida Political Science Department advocates, so I thank the faculty generally for being willing to embrace pluralism. I give special mention to Leslie Anderson who I admire as a scholar and who took time away from her research to help me as I struggled with the transition from course work to dissertation research. I thank my colleagues in my graduate cohort whose lively discussions contributed to my academic success. I would like to especially single out Jason Kassel who was always willing to listen to my half-baked dissertation ideas and offer thoughtful and insightful comments. Debbie Wallen and Sue Lawless-Yanchisin have offered terrific guidance and assistance as I have navigated my journey through graduate school; things would not have gone so smoothly without their help. Additionally I thank members of the APSA Labor Project for sharing their research and encouraging mine, and my colleagues at SUNY Brockport for their enthusiastic support. Linda Lindenfelser provided much needed editorial advice and assistance for which I am very grateful. Finally, I would like to thank my family. My parents, sister and nephews have supported my endeavors from afar and have never doubted that I would complete this dissertation. They did not even ask too often if it was done yet. My nan, however, who sadly passed away in the summer of 2008 at the age of 99, would regularly exclaim in dispatches “is she not finished yet!” I feel sure she would be happy that I have finally finished. My partner, Jim, has been a wonderful source of support and encouragement. He makes my life more interesting and more fun, and has helped me maintain a modicum of self-confidence, and my sanity, as I experienced spells of writers block and frustration. I look forward to our future together and hope to engage him as an 5 academic collaborator before too long. Lastly I thank Vincent and Mickee my canine companions who are never judgmental and have patiently rested at my feet, and foregone walks, as I have worked to complete this project. 6 TABLE OF CONTENTS page ACKNOWLEDGMENTS ...............................................................................................................4 ABSTRACT .....................................................................................................................................9 CHAPTER 1 INTRODUCTION—DEMOCRACY AND AMERICAN LABOR UNIONS ......................11 Industrial Democracy Sets the Stage ......................................................................................12 Curtain Call—A Century Later, Will There Be an Encore? ...................................................15 Issues of democracy and attempts to change labor law ..........................................................22 A Precis and a Roadmap .........................................................................................................23 2 CONCEPTIONS OF DEMOCRACY IN THE DEVELOPMENT OF U.S. LABOR LAW .......................................................................................................................................30 Act One—The Road to Recognition .......................................................................................32 Scene One—War Labor Policy Sets Precedents .............................................................35 Scene Two—Labor Policy in Response to the Depression .............................................41 Scene Three—The Wagner Act .......................................................................................47 Act Two—Taft-Hartley Act ...................................................................................................54 Act Three—Landrum-Griffin .................................................................................................67 Summary .................................................................................................................................75 3 THINKING ABOUT DEMOCRACY—IDEALS AND INSTITUTIONS ...........................78 Democratic Ideals and Institutions—Multiple Mappings.......................................................80 Democratic Ideals at Work .....................................................................................................85 Representation Is Democracy ...............................................................................................100 Representation Requires Voting and Arguing ......................................................................117 Summary ...............................................................................................................................123 4 AMALGAMATING THE UNION ......................................................................................125 Who Shall Be Represented? The Nature of the Question .....................................................127 The Boundary Problem and Democratic Theory ..................................................................134 Considering the Boundary Problem and the Formation of States ........................................142 The Process of Unit Determination and the Formation of Unions .......................................146 Unit Determination and the Formation of Unions—A General Overview ...................147 Unit Determination and the Formation of Unions—A Little History ...........................152 Unit Determination and the Formation of Unions—Current Practices .........................158 The Boundary Problem and Democratic Ideals—Assessing the Union Formation Process ..............................................................................................................................161 Summary ...............................................................................................................................175 7 5 AUTHORIZING THE UNION ............................................................................................177 “Democracy” and the Debate over Employee Free Choice ..................................................181 Questioning the Analogy of Elections for Union Representation and Political Office ........192 The Secret Ballot—What is it Good For? .............................................................................207 The Secret Ballot in the Workplace—Is It Working? ..........................................................212 Majority Sign-Up Works to Enhance Democratic Debate ...................................................221 Summary ...............................................................................................................................228 6 CONCLUSION—AMERICAN LABOR UNIONS AND AMERICAN DEMOCRACY ..229 Will Labor Law Reform Promote Union Organizing? .........................................................232 Increasing Economic Security and Reducing Inequality ......................................................236 Increasing Political