Solidarity and Difference

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Nelson Lichtenstein argues that there was a conflict between the “union idea” of working-class solidarity from the New Deal era and the “rights consciousness” of the 1960s and 1970s. In contrast, Lane Windham sees the Black freedom movement and the women’s liberation movement as providing a powerful new stimulus to unionization. How do you make sense of these competing interpretations? Is one clearly right and one clearly wrong, or are there elements of each that are valid?

Write an analytical essay that draws on course readings and lectures. An excellent essay will address the arguments and evidence of Lichtenstein, Windham, and other course readings and lectures. You must present a clear argument in your own words.

Length:
• 1,500 words maximum ( not include bibliography )

PLEASE ONLY USE THE SOURCES THAT I PROVIDED ON THE ATTACHMENT, DO NOT USE ANY OTHER SOURCES.

Format:

  • 12-point font
  • 1-inch margins
  • double spaced
  • parenthetical citations for readings
  • a catchy title that conveys your thesis

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History 146B Open Shops: Race, Gender, and Law at Work TO B I A S H I G B I E U C L A H I S TO RY D E PA RT M E N T EMAIL: HIGBIE@UCLA.EDU Linking production and social reproduction Women’s Trade Union League (WTUL). https://jwa.org/media/seal-of-national-womens-trade-union-league Alice Kessler-Harris, “The Paradox of Motherhood” The entry of large numbers of women into the industrial labor force compelled legislatures and the courts to consider how women could simultaneously exercise the freedom of contract implicit in citizenship and demand the protection of the police power of the state to preserve their own health and that of their present and future families. (p. 225) Lecture Outline I. Social reproduction & the market II. Liberty of contract & police powers III. Merely a legal distinction IV. Justifying federal power Robots, again Who controls the production of new Robots? Too much poverty “The process and its ideological justifications led to deteriorating working and living conditions for all workers and created special concerns about whether or not family life among the least skilled and most vulnerable might deteriorate to the point where the poor would no longer be trained to participate in the labor force.” --Kessler-Harris, p. 225 Social reproduction qProduction: new goods qReproduction: new workers qSocial reproduction: remaking society on an ongoing basis q“Separate Spheres”: stark divide between public and private, men = public, women = private qUn/under-paid labor of social reproduction Lecture Outline I. Social reproduction & the market II. Liberty of contract & police powers III. Merely a legal distinction IV. Justifying federal power Liberty of contract & the police power of the state Homestead Strike, 1892 Populist fusion w/ Democratic Party, 1896 Pullman Strike/Boycott, 1894 AFL Responses qAfter economic recovery: resurgent trade union militancy qStrategic engagement with mainstream political allies (increasingly, Democrats) qFight radicals within the ranks qModest organizational experimentation qFederal Unions qCity Labor Councils Samuel Gompers, leader of the AFL 1886-1894, 1895-1924 Lochner v. New York (1905) Under the 14th Amendment: “no State can deprive any person of life, liberty or property without due process of law. The right to purchase or to sell labor is part of the liberty protected by this amendment unless there are circumstances which exclude the right.” Anti-Boycott A combination of labor organizations and the members thereof, to compel a manufacturer whose goods are almost entirely sold in other States to unionize his shops and, on his refusal so to do to, boycott his goods and prevent their sale in States other than his own until such time as the resulting damage forces him to comply with their demands is, under the conditions of this case, a combination in restraint of interstate trade or commerce Loewe v. Lawlor (Danbury Hatters) Muller v Oregon (1908) “This Court takes judicial cognizance of all matters of general knowledge -- such as the fact that woman's physical structure and the performance of maternal functions place her at a disadvantage which justifies a difference in legislation in regard to some of the burdens which rest upon her. “As healthy mothers are essential to vigorous offspring, the physical wellbeing of woman is an object of public interest. The regulation of her hour of labor falls within the police power of the State, and a statute directed exclusively to such regulation does not conflict with the due process or equal protection clauses of the Fourteenth Amendment.” Regulating women’s labor “Failing to establish effective legal grounds for regulating capital’s ability to buy labor, reformers turned to women as examples of what the state might appropriately do and sometimes offered them up as the vanguard of state activity.” ◦ --Kessler-Harris, p. 229 Coppage v. Kansas (1915): “Yellow-Dog Contracts” And, since it is self-evident that, unless all things are held in common, some persons must have more property than others, it is from the nature of things impossible to uphold freedom of contract and the right of private property without at the same time recognizing as legitimate those inequalities of fortune that are the necessary result of the exercise of those rights. But the 14th Amendment, in declaring that a state shall not 'deprive any person of life, liberty, or property without due process of law,' gives to each of these an equal sanction; it recognizes 'liberty' and 'property' as coexistent human rights, and debars the states from any unwarranted interference with either. Lecture Outline I. Social reproduction & the market II. Liberty of contract & police powers III. Merely a legal distinction IV. Justifying federal power Plessy v. Ferguson (1896) “A statute which implies merely a legal distinction between the white and colored races -- a distinction which is founded in the color of the two races and which must always exist so long as white men are distinguished from the other race by color -- has no tendency to destroy the legal equality of the two races, or reestablish a state of involuntary servitude.” Ozawa vs. US: Assimilation or Race? “In name I am not an American, but at heart I am a true American." Berkeley High grad, attended UC, Christian, English-speaking, sales clerk, etc. Pacific Coast Japanese Assoc. Ozawa: “free white person” = person of good character Ozawa: neither Black nor Chinese SCOTUS: it’s common knowledge that Japanese aren’t white Takao Ozawa, 1875-1936 U.S. vs. Thind: Scientific and popular racism Born in Punjab, India; to the US 1912; attended U of California; enlisted in US Army during WWI Scientific definition of “Caucasian” includes Indians SCOTUS: “It may be true that the blond Scandinavian and the brown Hindu have a common ancestor in the dim reaches of antiquity, but the average man knows perfectly well that there are unmistakable and profound differences between them to-day…” Bhagat Singh Thind (1892-1967) Lecture Outline I. Social reproduction & the market II. Liberty of contract & police powers III. Merely a legal distinction IV. Justifying federal power Labor’s Progressive Allies Academic allies John R. Commons, Professor of Economics, Univ. of Wisconsin ◦ John R. Commons Class Partisans ◦ Frank Walsh (USCIR) Women’s reform network ◦ Settlement houses ◦ Women’s Trade Union League Margaret Robbins, WTUL Frank Walsh, pro-labor attorney Chair, USCIR. A Tale of Two Commissions Immigration Commission §New immigration as social problem §Social survey of immigrant workers & communities §Eugenic analysis of racial hierarchy to justify restriction USCIR: Research, Publicity & Policy Reaction to violence between organized workers and employers Documents workers’ lack of civil liberties Split report reflects conflict between corporate liberals and state-oriented reformers Competing USCIR Final Reports WALSH REPORT COMMONS REPORT income inequality, unemployment, Potential for class harmony hurt by denial of workers’ rights cause competition for power between industrial unrest workers’ & employers inheritance tax on wealthy to pay for education & public works Expert investigations to guide reform right of labor to organize and bargain collectively Tri-partite commissions to set labor standards & mediate disputes Wartime Economic Policies: “American Standard of Living” Gompers: The war will be an American workingman s war, conducted for American workingmen, by American workingmen. National War Labor Board (19181919) Other wartime boards: Railroad Admin; Fuel, food, employment service have impact on workplaces Promote purchase of Liberty Bonds as form of savings and war funding Industrial Democracy as vision of state power America has the established institutions of democracy through which her people can reorganize their industries into harmony with their government. Accompanying this advance the government can be mutualized to aid the general welfare. But to mutualize our government without at the same time democratizing our industries will be but sham statesmanship. To interweave our present industrial and governmental fabric will only weaken both. An industrial oligarchy and a political democracy will not work well together. --Donald Richberg, New Republic (May 12, 1917)
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