How Public Unions Became So Powerful
By 1970, nearly 20% of American workers were employed by government.
By Paul Moreno, WSJ Opinion, September 12, 2012


By 1970, nearly 20% of American workers were employed by government.
By Paul Moreno, WSJ Opinion, September 12, 2012
The Chicago teachers strike has put Democrats in a difficult position. 
Teacher unions are the most powerful constituency in the Democratic Party, but 
their interests are ever more clearly at odds with taxpayers and inner-city 
families. Chicago is reviving scenes from the last crisis of liberalism in the 
1970s, when municipal unions drove many American cities to disorder and 
bankruptcy. Where did their power come from?

Before the 1950s, government-employee unions were almost inconceivable. When 
the Boston police unionized and went on strike in 1919, the ensuing 
chaos—rioting and looting—crippled the public-union idea. Massachusetts Gov. 
Calvin Coolidge became a national hero by breaking the strike, issuing the 
dictum: "There is no right to strike against the public safety by anybody, 
anywhere, any time." President Woodrow Wilson called the strike "an intolerable 
crime against civilization."
President Franklin D. Roosevelt also rejected government unionism. He told 
the head of the Federation of Federal Employees in 1937 that collective 
bargaining "cannot be transplanted into the public service. The very nature and 
purposes of government make it impossible for administrative officials to 
represent fully or to bind the employer" because "the employer is the whole 
people, who speak by means of laws."
FDR pointed out the obvious, that the government is sovereign. If an 
organization can compel the government to do something, then that organization 
will be the real sovereign. Thus the National Labor Relations (Wagner) Act of 
1935 gave private-sector unions the power to compel employers to bargain, but 
the act excluded government workers. It declared that federal and state and 
local governments were not "employers" under its terms.
Postwar prosperity and the great increase of public employment revived the 
public union idea. By 1970, nearly 20% of American workers worked for the 
government. (In 1900: 4%.) The American Federation of State, County, and 
Municipal Employees led the effort to persuade a state to allow public-employee 
unionization, and Afscme prevailed in Wisconsin in 1958. New York City and other 
cities also permitted their workers to unionize.
President John F. Kennedy issued an executive order 50 years ago that broke 
the dam. The order did not permit federal employees to bargain over wages (these 
are still set by Congress), or to force workers to join a union or to strike (no 
state or city allowed that), but Kennedy's directive did lead to unionization of 
the federal workforce. And it gave great impetus to more liberal state and local 
laws. Government-union membership rose tenfold in the 1960s.
Things soon got ugly. The Wagner Act had fomented labor militancy, notably 
sit-down strikes in 1937 that disrupted manufacturing and retarded the economy. 
But in the late 1960s and 1970s, federal and state union-promoting laws produced 
unprecedented strikes by teachers, garbage collectors, postal workers and 
others, even though every state prohibited strikes by public employees.
Afscme began to arouse resentment from other union federations—especially the 
AFL-CIO and the Service Employees International Union. Afscme's abrasive 
president, Jerry Wurf, became an easy target for his opponents. He was said to 
have advised Baltimore firefighters to "let Baltimore burn" if union demands 
were not met; Wurf was subsequently regarded as generally having a let-it-burn 
attitude.

In 1976 the Supreme Court derailed a movement to enact the National Public 
Employment Relations Law ("a Wagner Act for public employees," as supporters 
described it) led by Rep. William Clay of Missouri. The court held that Congress 
could not apply federal labor laws to state employees. The justices stated the 
obvious, that "the States as states stand on a quite different footing from an 
individual or a corporation."
By the end of the 1970s, the budgetary burdens imposed by public unions had 
helped revive conservative movements, leading to the elections of Margaret 
Thatcher in 1979 and Ronald Reagan in 1980. Undeterred, William Clay told the 
Professional Air Traffic Controllers at Patco's 1980 convention to "revise your 
political thinking. It should start with the premise that you have no permanent 
friends, no permanent enemies, just permanent interests. It must be selfish and 
pragmatic." He told them to "learn the rules of the game," which were "that you 
don't put the interest of any other group ahead of your own. What's good for the 
federal employees must be interpreted as being good for the nation." The 
take-no-prisoners message helps explain why President Reagan fired and replaced 
the striking controllers, and why the public overwhelmingly supported him.
Historians tend to depict the Patco strike as a replay of the 1919 Boston 
police strike, with Reagan as the new Coolidge. But breaking the Patco strike 
had zero impact on public unionism. It may have cooled the willingness to 
strike, but unions continued to flourish. Public employment and government 
unionism have grown more than the population since 1980. The Patco replacements 
soon joined the National Air Traffic Controllers Association and carried on 
Patco's work.
Nor did the breaking of the strike "send a signal" to private employers to 
take a hard line against their unions, as some historians of the time have 
suggested. The factors responsible for private-union decline antedated the Patco 
strike and continued after it. Reagan ultimately may have even helped the 
public-employee union movement: By stoking the nation's economic revival in the 
1980s, he made the costs of public unions begin to seem less onerous, and polls 
suggested that American worries about the matter declined.
Public unions do well in flush times like the 1950s and 1960s, but they 
suffer when taxpayers feel their true cost, as in the 1970s—and today.
Mr. Moreno, a professor of history at Hillsdale College, is the author of 
"The American State from the Civil War to the New Deal," forthcoming from 
Cambridge University Press.
 
 
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