Work toward a general strike proposal

[benbrucato]

Hello all,

I'm looking forward to seeing you all this weekend. Please take a look at this call for a general strike from Occupy Oakland. I think we can build toward this with statewide networking across the occupations -- we can work with people at all the NY occupations to push for a statewide general strike.

Cheers,

Ben


Below is the proposal passed by the Occupy Oakland General Assembly on Wednesday October 26, 2011 in reclaimed Oscar Grant Plaza. 1607 people voted. 1484 voted in favor of the resolution, 77 abstained and 46 voted against it, passing the proposal at 96.9%. The General Assembly operates on a modified consensus process that passes proposals with 90% in favor and with abstaining votes removed from the final count.

PROPOSAL:

We as fellow occupiers of Oscar Grant Plaza propose that on Wednesday November 2, 2011, we liberate Oakland and shut down the 1%.

We propose a city wide general strike and we propose we invite all students to walk out of school. Instead of workers going to work and students going to school, the people will converge on downtown Oakland to shut down the city.

All banks and corporations should close down for the day or we will march on them.

While we are calling for a general strike, we are also calling for much more. People who organize out of their neighborhoods, schools, community organizations, affinity groups, workplaces and families are encouraged to self organize in a way that allows them to participate in shutting down the city in whatever manner they are comfortable with and capable of.

The whole world is watching Oakland. Let’s show them what is possible.

The Strike Coordinating Council will begin meeting everyday at 5pm in Oscar Grant Plaza before the daily General Assembly at 7pm. All strike participants are invited. Stay tuned for much more information and see you next Wednesday.

[dylan]

If my information is correct, ows is on board with this. This would be a great topic to bring up on Saturday, maybe not to come to consensus on as NYS, but to encourage everyone who comes to bring it back to their town and get some momentum behind it.

[denmarkvesey]

Lets plan for down the road you don't call for a general strike and have like a 100 people thats not a general strike that would be a joke here in Albany

[benbrucato]

I agree that this would be a distant thing, but we should start talking now.

[madskeptic]

Any of the union members who work for the state will be fined 2 days pay for each day they strike. Want to make sure people are aware of this. Additionally, it is illegal for any leader of a union representing state employees to endorse or promote a strike.

Having said that, do not expect any support for a general strike from the main state unions like PEF, CSEA, UUP, council 82, etc. It won't happen although you may get something from the local labor groups.

[madskeptic]

I also failed to mention that participation is a strike by a public sector union is against the Taylor law and would result in a termination of their current labor contract with the state.

The public sector unions will not be able to participate.

[Emma]

There are New York public sector unions who have struck despite these laws. There's MAJOR questions about whether those laws are even *legal*. In fact I think there's an ongoing or recent teacher strike that's "illegal" somewhere in the area... Bennington? I forget the details, sorry.

I am SOOO excited to see Occupy Oakland calling for a general strike. I think they have the momentum right now.

I do think we absolutely should start discussing this here. But if it's brought up on Saturday, it should be in a very general way, like "hey, did you hear about Oakland? how about we all start talking about that in our home Occupy groups and see what if anything we wanna do along those lines." (for example)

Let's see how Oakland's goes (I have a friend participating in Occupy Oakland who's from this area and I'm sure would be happy to be a link for specific info or could put us in contact with the group there that's doing the organizing around the strike), and start conversations, and see where it takes us. By no means do I think that we should start making this a single focus, but nor do I think we should dismiss it. General Strikes are how workers show their power, and their willingness to use it for the interests of the People. They're very powerful, when they're for real.

[madskeptic]

Bennington is in Vermont so new York's laws would not apply to them.

To date, I am unaware of any serious question to the constitutionality of the Taylor law. On the national level, there is the Taft-Harding law. If you recall, Regan ended the air traffic controller strike with this law. GIS actions were held up in court same as three Taylor law has, to date, been in New York. There realty is no question as to the law's legality.

Regardless, it doesn't change my point: the public sector unions cannot strike, won't participate, and almost certainly won't say anything about a general strike.

[benbrucato]

In a general strike, everyone participates. Those places that don't get shut down by the people who work there striking get shut down by the people who are striking. I'm not so worried about this. Thanks for bringing it up. We're all aware of this issue. What is likely to happen here is what's happening there - the institutionalized leadership and the workers split.

[denmarkvesey]

As a law student I will do the legal research but I believe the laws you are referring to only bar unions from calling for a general strike as long as the unions do not do this I believe that individual union members can participate. Also these laws are bad stare decisis and we should challenge them and get them off the books. My two cents.

[madskeptic]

Like I said, you aren't going to get the public sector Unions to participate in a general strike -- regardless of how witty your semantics or rationalizations.

Here is a general outline of the law:

goer.state.ny.us/GOER_Information/Taylor_Law.cfm

Those of us in leadership positions within the Unions are fairly well aware of what we can and can't do. Incidentally, I'm a PEF Shop Steward and Convention Delegate. I'm not talking out of my ass.

Here is the specific section of the Taylor Law which prohibits strikes:

www.perb.state.ny.us/stat.asp#str

The pertinent quote: "1. No public employee or employee organization shall engage in a strike, and no public employee or employee organization shall cause, instigate, encourage, or condone a strike. "

Section §210 then goes on to explain penalties, etc. You will notice the law does not differentiate between types of strikes. As far as the law is concerned, a strike is a strike. If any public sector workers represented by Unions do participate, they will be there using their vacation time, personal time or, (improperly) their sick time.

How one uses their accrued leave time is up to them and not considered striking. Misuse of sick time can be penalized. Should something like a "sick out" be organized, it is within Cuomo's power to take action against the Unionized workers:

"In the event that it appears that a violation of this subdivision may have occurred, the chief executive officer of the government involved shall, on the basis of such investigation and affidavits as he may deem appropriate, determine whether or not such violation has occurred and the date or dates of such violation."

Take close note of "as he may deem appropriate". Cuomo is given a lot of leeway.

The point I'm trying to raise which people seem to be idealistically looking past is that CSEA, PEF, NYSUT, and other public sector Unions will not endorse or participate in a general strike. Well, I suppose they could but the consequences would be extreme for their membership (both those participating and those not). If you believe they will take part or merely endorse a general strike, you are seriously mistaken. Whether individuals come out as individuals is an entirely different issue but there will be no institutional support from the Unions proper.

[benbrucato]

If a general strike is successful and spreads, and those unions chose to not take part as other unions and workers strike, those unions will lose all legitimacy. Any union that advocates against a true general strike (not just lofty talk of one, but one that is building with the broad support of working people) in the current economic and political situation is the enemy of the working class.

I know that we're not at that point. But if Oakland's strike takes off and spreads, and it looks like we could effectively put one forward in NY, you yourself, your union and all the workers are going to have to make a choice. Those laws will be irrelevant when the workers begin an insurrection.

[madskeptic]

I've already told you what's not going top happen. You can pontificate all you want but it won't change the situation. Public sector unions won't strike. Insisting that they do will alienate you and diminish the likelihood of institutional solidarity from the unions. Attitudes such as what you're expressing will work contrary to your agenda - especially when you require people to do things your way.

Have a general strike and see what happens. I'll predict right now that the end result will not be what you think then OA members will start griping about how the public unions didn't show up (despite the readings I've already highlighted). This attitude will piss of union members and drives a wedge.

Do not forget for a moment that many of the issues occupiers feel to be their own labor unions have been fighting for since at least the late 1890's.

[anonanon]

...and then gave up fighting for when they became partners with capital in the keep-workers-passive game. Keep the distinction between union leaders and union membership, it is important. There is a long but sporadic history in American labor of workers organizing wildcat strikes ie without leadership support and often with union officials actively and openly colluding with the boss to break the strike. I think the hypothetical that is mentioned here is one where the groundswell of support for a general strike is so strong that the union leaders can not prevent it.

I also agree this is such an unlikelihood that it is pointless discussing - the organization for it does not exist and can not be built up outside of years worth of work. Also people with jobs and no workplace organization/contracts are not so destitute as to strike and risk them.

[anthony]

Point of information. My sister works for the State Comptrollers Office. She has come down to two marches so far. She did this by taking her "Annual Leave Time/ Personal Time". This is legal. If she calls in sick and goes to a protest she will in trouble maybe fired, not likely.

We can also try and get City workers, High School students, College Students maybe even small local businesses.

I also have a friend who lives and helps occupy Oakland. I will try and get some info. on what they do out there. But those laws may be different than ours.

[madskeptic]

That's the point I've been trying to make people understand. The Unions, themselves, will not participate but people - as individuals - may. Whether people participate as individuals is another story and they can use their personal or vacation time to do so -- but that isn't striking. It's using some of your own time.

Vacation time also requires supervisory approval. In some cases (like nurses in particular) coverage is a big issue and vacation time may not be granted to people if they won't have enough people on staff to ensure people are being cared for or mandated activities continue (New Born Screening comes to mind).

What people need to understand is that the public sector unions won't participate. People may, but PEF, CSEA, etc. won't engage in any strike.

[anonanon]

you are right madskeptic. I already said its pointless to discuss but now I'm gonna contradict myself by going on to discuss it. When it happens - and it has in the recent past - the leadership (elected and management) has a standard operating procedure to protect themselves from Taylor/Hatch law prosecution, which is non-acknowledgement. They also don't participate in any way of course. Staff reps and Field reps however have in the past helped coordinate the strikes. I know staff reps who have described to me their own role in illegal strikes within the past decade. And they go even further and organize them when the strike is of the work slow-down form. Saying there is nothing a union will ever do period is a little too general - they are subject to pressure from their members too. And since we are talking about history in the making and new possibilities - we can even imagine membership voting in new leadership who ran on a platform of leading an illegal strike and facing certain arrest (ok maybe that is a bit hard to imagine).

I would love to see a teachers strike in the future where teachers refuse to teach approved curricula and instead have nothing but bottom-up history, have activist speakers, student-led teach-ins, field trips to protests, etc etc.

[denmarkvesey]

MLK day I think the union workers are off

[anthony]

I think Occupy Oakland is not calling for a typical union strike, but a strike from work in order to disrupt production being accomplished that particular day. If the Nation joins in then maybe we can show the 1% and those who support them, how powerful together we really are. So having people call in their personal time (Unions), or calling in sick, or just walking out of High Schools And Colleges stops progress, which is what the 1% try to avoid.
Lets slow this country down!

While we are calling for a general strike, we are also calling for much more. People who organize out of their neighborhoods, schools, community organizations, affinity groups, workplaces and families are encouraged to self organize in a way that allows them to participate in shutting down the city in whatever manner they are comfortable with and capable of.

[denmarkvesey]

MLK is my proposal whats yours