FUN WITH COLLECTIVE BARGAINING

Kay Steiger, guest-blogging (with Alyssa) at Matt Yglesias' site, considers sexism in "trade professions" and after pointing out that jobs like hair dressing aren't counted as such precisely because women do them, suggests that

What would help is first what these truck mechanics Harding points to are already doing, mentoring young women in non-traditional fields. Secondly, unions that represent those industries need to not only be free of sexism themselves, but aggressively pursue lawsuits that would discourage sexual harassment. This is happening with some larger trade unions already, but it's not as wide as it should be.

I think this really sells short the potential for trade unions to take on discrimination. Any kind of organization with the resources can file a lawsuit - or individuals or groups can do it with no organization at all. In some cases, like the Dukes suit against Wal-Mart (largest class action suit ever in this country), that can contribute greatly to leveraging pressure on a company. But workers with a union can change the behavior of their employer in a slew of other ways. That includes negotiating with them. Union workers can and do win binding contracts obligating companies to take on unequal opportunity by creating training programs, by collaborating with community leaders and/ or non-profits, by submitting to oversight by workers, clergy, politicians, or whoever else to judge progress, to change work rules or job descriptions that create needless barriers for people who could otherwise do the job - and in any number of other ways. And these workers can enforce these commitments, as well as the company's legal obligation not to discriminate, through collective action and through a grievance process that moves faster, cheaper, and more accessibly than a lawsuit. The limits are defined by power on the shop floor and nationally or internationally in the industry. As Thomas Geoghegan wrote last year in his book See You in Court,

a big change has been the way we have moved from contract to tort. For most working Americans, the kind of people I represent, this accounts for the biggest change in the way the law now impacts their lives. In the 1950s and 1960s, up to 35 percent of workers, especially men, were covered by collective bargaining agreements...In the last thirty years, there has been a loss of contract rights - to a job, a pension, or even health care - unlike that in any other developed country. It is really a new legal regime that many Americans experience as infuriating, without being able to express that fury in an appropriate way.

Now the missed opportunities within substantial chunks of the labor movement to link arms as part of movements for sexual and racial inequality in the twentieth century is not unrelated to the steep decline in union power and union membership. But those workers Kay is talking about, who have unions, have an arsenal at their disposal to attack discrimination in the workplace - not only through contract language of course, but also through the kinds of action, client pressure, media strategies, and such that play part in winning recognition and winning contracts - without depending on the prospects of a lawsuit.