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I gratefully acknowledge the generous research support of my Dean, Kenneth Randall, and the University of Alabama Law School Foundation. A very early version of this paper was generously critiqued by Jack Getman. Another version was delivered at the International Network of Transformative Employment and Labor Lawyers conference, in Kyoto, 28 March 2004, and at the Southwest Labor Studies Association conference, in Tucson, 1 May 2004. I am grateful to Hiroko Hayashi for suggesting the topic, and to Makoto Ishida for bibliographical aid and other support. I am also grateful for the valuable comments of Dianne Layden, Rochelle Gatlin, Jim Atleson, Marley Weiss, and David Brundage, and for the support given by Staughton Lynd and Ken Rosen, and particularly by Joong-Jae Lee, Jerry Friedman, and my editor, Bryan Palmer, all of whose bibliographical aid has been crucial. The remaining errors are all my own. I dedicate this paper to that most perceptive and comradely of fellow workers, Staughton Lynd — who lives the life he advocates, and who advocates democracy and the integration of the intellectual's life and work into working-class life. He has made my life and work much better, and he has contributed to the betterment of all. See the appreciation by Jim O'Brien, "'Be Realistic, Demand the Impossible': Staughton Lynd, Jesse Lemisch, and a Committed History," Radical History Review, 82 (2002), 65–90.
Notes
1 Rosa Luxemburg, The Mass Strike, the Political Party and the Trade Unions [1906], in Mary-Alice Waters, ed., Rosa Luxemburg Speaks (New York 1970), 214–215.
2 E.P. Thompson, "Revolution," in Thompson, ed., Out of Apathy (London 1960), 300–301 (emphasis in original).
3. See Kim Moody, An Injury to All: The Decline of American Unionism (London 1988), 3–4; Andrew Gordon, The Wages of Affluence: Labor and Management in Postwar Japan (Cambridge 1998), 147–148; Gerald Friedman, "Has the Forward March of Labor Halted? Union Growth and Decline in Comparative and Historical Perspective," paper presented at the Southwest Labor Studies Association conference, Berkeley, CA, 10 May 2003; (used here by permission of the author), 1, and Table 1.
4 Friedman, "Forward March Halted," 1. While Friedman did not include Ireland and Spain in his analysis, he notes that union density also peaked in those nations in 1980. See his n. 1. Friedman further notes that since about 1980 in most of these nations, vote totals for socialist and communist parties have declined, while strikes have attracted a declining percentage of the labour force.
5 Numbers in this paragraph, except where otherwise noted, are derived from Friedman, "Forward March Halted," Table 1. Note that Friedman's data series in no instance extends into the 21st century, so that the figures of 82 per cent for Sweden and Denmark are from the years, respectively, of 1998 and 1997.
6 Bryan D. Palmer, Working-Class Experience: Rethinking the History of Canadian Labour, 1800–1991, 2nd ed. (Toronto 1992), 354; Commission for Labor Cooperation, "Recent Trends in Union Density in North America" (August 2003), 1.
7. "Over two million French have taken to the streets in incendiary revolt against becoming subject to 'employment at will' — a [legal] status that the 92% of American private sector workers not protected by a union contract accept quietly without protest." Robert Fitch, interviewed by Michael D. Yates, "What's the Matter with U.S. Organized Labor: An Interview with Robert Fitch," http://mrzine.monthlyreview.org/yates300306.html (posted 4 April 2006). Fitch points out that, even though actual union membership is low, "over 90% of the [French] work force is covered by a union contract."
8. "Unions tend to grow and expand when they are seen as active protectors and militant representatives of employees." James B. Atleson, "Confronting Judicial Values: Rewriting the Law of Work in a Common Law System," Buffalo Law Review, 45 (1997), 435–456, quotation from 454.
9 Selig Perlman, A Theory of the Labor Movement (1928; New York 1970), 239. See generally Mark Leier, Red Flags and Red Tape: The Making of a Labour Bureaucracy (Toronto 1995), 19–22.
10. Friedman, "Forward March Halted," 3 (source of quotation). See generally Henry S. Farber, "The Decline of Unionization in the United States: What can be Learned from Recent Experience," Journal of Labor Economics, 8 (1990), S75-S105; Bruce Western, Between Class and Market (Princeton 1999); Walter Galenson, The American Labor Movement, 1955–1995 (Westport 1996); Dan Clawson, The Next Upsurge: Labor and the New Social Movements (Ithaca 2003); Leo Troy, Beyond Unions and Collective Bargaining (Armonk 1999); Charles C. Hecksher, The New Unionism: Employee Involvement in the Changing Corporation (New York 1988); Jelle Visser, "The Strength of Union Movements in Advanced Capitalist Democracies: Social and Organizational Variations," in Marino Regini, ed., The Future of Labour Movements (London 1992), 17–52; Paul Weiler, "Promises to Keep: Securing Workers' Rights to Self-Organization Under the NLRA," Harvard Law Review, 96 (1983), 1769–1827; Weiler, "Striking a New Balance: Freedom of Contract and the Prospects for Union Representation," Harvard Law Review, 98 (1984), 351–420. The classic statement is by Walt Whitman Rostow, The Stages of Economic Growth: A Non-Communist Manifesto (Cambridge 1967). See also, Daniel Bell, The Coming of Post-Industrial Society: A Venture in Social Forecasting (New York 1973).
11 For the United States, see Richard B. Freeman and James L. Medoff, What Do Unions Do? (New York 1984); Richard B. Freeman, "Contraction and Expansion: The Divergence of Private Sector and Public Sector Unionism in the United States," Journal of Economic Perspectives, 2, 2 (1988), 63–88; William T. Dickens and Jonathan S. Leonard, "Accounting for the Decline in Union Membership, 1950–80," Industrial and Labor Relations Review, 38 (1985), 323–334. For Japan, see Richard B. Freeman and Marcus E. Rebick, "Crumbling Pillar? Declining Union Density in Japan," National Bureau of Economic Research, Working Paper Series (May 1989), also published in Journal of Japanese and International Economics, 3 (1989), 578–605.
12. See Michael Goldfield, The Decline of Organized Labor (Chicago 1987); Kate Bronfenbrenner, "Employer Behavior in Certification Elections and First-Contract Campaigns: Implications for Labor Law Reform," in Sheldon Friedman et al., eds., Restoring the Promise of American Labor Law (Ithaca 1994), 75–89; Palmer, Working-Class Experience. Dan Clawson, vigorously in favour of labour's freedom, sees its future as necessarily tied to the liberation of other "segments" of the population, breaking down the supposed barriers between "work" and "community" or "the family." Clawson, Next Upsurge.
13 Gerald Friedman's conclusions reinforce mine. He recognizes the importance both of loss of support for unions from friendly governments (especially socialist ones, but including left-liberal governments such as the New Deal/Great Society in the US), and of the structural factor of a lack of rapid economic growth stimulating and allowing workers to join unions. But most important, for Friedman, is the decline of mass strike activity by unions. Friedman, "Forward March Halted," 5–12.
14. Japanese exceptionalism is assumed and touted in Toshiaki Takibanachi and Tomohiko Noda, The Economic Effects of Trade Unions in Japan (New York 2000), and is assumed but critiqued in Freeman and Rebick, "Crumbling Pillar?"; Tsuyoshi Tsuru and James B. Rebitzer, "The Limits of Enterprise Unionism: Prospects for Continuing Union Decline in Japan," British Journal of Industrial Relations, 33 (1995), 59–92. Discussion of American exceptionalism can be found in Sean Wilentz, "Against Exceptionalism: Class Consciousness and the American Labor Movement," International Labor and Working Class History, 26 (1984), 1–24; Eric Foner, "Why is There No Socialism in the United States," History Workshop, 17 (1984), 57–80. Good left-wing discussions of exceptionalism may be found in Gerald Friedman, State-Making and Labor Movements: The United States and France, 1876–1914 (Ithaca 1998); Ira Katznelson and Aristide Zolberg, eds., Working-Class Formation: Nineteenth-Century Patterns in Western Europe and the United States (Princeton 1986).
15 Moody, An Injury to All, xix.
16. One US worker summed up these truths this way: "There are two things management wants to keep: all the money and all the say-so." Interview with C.P. Ellis, in Studs Terkel, American Dreams: Lost and Found (New York 1980), 210.
17 See Harry Braverman, Labor and Monopoly Capital: The Degradation of Work in the Twentieth Century (New York 1974); Stephen Marglin, "What Do Bosses Do? The Origins and Functions of Hierarchy in Capitalist Production," Review of Radical Political Economics, 6 (1974), 33–60.
Robert Schrank's testimony in the 1950s demonstrates the ubiquity of these class differences. Schrank moved from union leadership into management. He reported "missing the old companionship, the wonderful conversation of all my friends.... The management world was a circumspect one full of innuendo, nuance, correct dress, ... carefully choreographed behavior ... little or no spontaneity, no feelings ... zero sensuality.... Workers become strangers to many managers and are seen only as an extension of a piece of machinery in which capital investment has been made." Robert Schrank, Ten Thousand Working Days (Cambridge 1978), 138–139.
18 AdamSmith, An Inquiry into ... The Wealth of Nations (1776; New York 1976), Book I, ch. viii, "Of the Wages of Labour," paragraphs 11–15, 83–85.
19 The biocultural political anthropologist Christopher Boehm notes that, for about 99 per cent of our species existence, humans lived in hunter-gatherer bands and then in tribes, and (judged by the hundreds of such groups observed in the last quarter-millennium) "every last group" of them has been "politically egalitarian." Violence, murder, and warfare occur among hunter-gatherer bands, but the social organization of each band "deliberately excludes any alpha role and makes its decisions by consensus. Along with tribes, which are larger and more recent but politically similar, these bands are so deeply committed to egalitarianism that their leadership is never very strong, let alone coercive. Yet they govern themselves rather well." Christopher Boehm, "Global Conflict Resolution: An Anthropological Diagnosis of Problems with World Governance," in Richard W. Bloom and Nancy Dess, eds., Evolutionary Psychology and Violence (New York 2003), 203–237 (quotations from 204 and 209). I am indebted to Bill Lipe for this reference. The noted biologist Luca Cavalli-Sforza, who has lived with the most successful remaining hunter-gatherer group, the pygmies of central Africa, finds precisely the same characteristics in their existence. Luigi Luca Cavalli-Sforza and Francesco Cavalli-Sforza, The Great Human Diasporas: The History of Diversity and Evolution, trans. Sarah Thorne (New York 1995), 2, 3, 7–8, 15. Staughton Lynd reminds me that the work of Thorstein Veblen is permeated with descriptions of the democratic culture of small communities which characterize most of human history.
20 Edward Thompson, in a famous passage, notes the processual nature, the constant formation and re-formation, and the relatively late growth of its self-consciousness, which constitute the experience of class: "[C]lasses do not exist as separate entities, look around, find an enemy class, and then start to struggle. On the contrary, people find themselves in society structured in determined ways (crucially but not exclusively, in productive relations), they experience exploitation (or the need to maintain power over those they exploit), they identify points of antagonistic interest, they commence to struggle around those issues[,] and in the process of struggling they discover themselves as classes, they come to know this discovery as class-consciousness. Class and class-consciousness are always the last, not the first, stage in the real historical process." E.P. Thompson, "Eighteenth Century English Society: Class Struggle without Class," Social History, 3 (1978), 149. As emphasized by another great Marxist, the ancient historian Geoffrey de Ste. Croix, class is "a relationship[,] ... the collective social expression of the fact of exploitation.... [T]he division of society into economic classes is in its very nature the way in which exploitation is effected, with the propertied classes living off the non-propertied ... [by] the appropriation of part of the product of the[ir] labour ..., whether by compulsion or by persuasion or (as in most cases) by a mixture of the two." G.E.M. de Ste. Croix, The Class Struggle in the Ancient Greek World (Ithaca 1981), 43; de Ste. Croix, "Karl Marx and the History of Classical Antiquity," Arethusa, 8 (1975), 26 (quotations combined).
Perhaps we need to be shuttered less by the supposedly formulaic requirements and restrictions of Marxist ideology, in order to know class and class struggle when we see it.Compare Peter Linebaugh and Marcus Rediker, The Many-Headed Hydra: Sailors, Slaves, Commoners, and the Hidden History of the Revolutionary Atlantic (Boston 2000); Allan Kulikoff, The Agrarian Origins of American Capitalism (Charlottesville 1992).
21. See Ernst Bloch, The Principle of Hope, trans. Neville Plaice, Stephen Plaice, and Paul Knight, 3 vols. (1947; English ed., Cambridge 1986) (I am indebted to David Rollison for this reference); Staughton Lynd, Living Inside Our Hope: A Steadfast Radical's Thoughts on Rebuilding the Movement (Ithaca 1997).
22 Howard Kimeldorf, Battling for American Labor: Wobblies, Craft Workers, and the Making of the Union Movement (Berkeley 1999). Compare also James Gray Pope's concept of "jurisgenesis," in which US workers, resisting the exercise of illicit power over them from the instant of its exercise, have repeatedly created worker-centred senses of rights and empowerment, waiting for the moment that they can successfully be used against employer domination. Pope, "Labor's Constitution of Freedom," Yale Law Journal, 106 (1997), 931–1041.
23 Kimeldorf, Battling for American Labor, 4 (quotation) and 172 n.16. The hugely successful May Day 2006 huelga general of migrant Hispanic (and other allied) service workers in the US demonstrates once again the power of bottom-up rank-and-file worker mobilization and resistance to capitalist exploitation.
24 Staughton Lynd, Fight Against Shutdowns: Youngstown's Steel Mill Closings (San Pedro 1982); Carrie Greenwald and Dorie Krauss, "Shout Youngstown!" (1984) (documentary).
25. See Richard B. Freeman and Joel Rogers, What Workers Want (Ithaca 1999).
26 Kimeldorf, Battling for American Labor, 14. See also Yonatan Reshef and Sandra Rastin, Unions in the Time of Revolution: Government Restructuring in Alberta and Ontario (Toronto 2003), 243 n. 4 (citation omitted): "Although, according to a national poll, Albertans are the most accepting [amongst Canadians] of the right of managers of profitable companies to lay off employees and outsource in-house operations, in practice Albertans do not automatically support profitable companies pursuing greater profits at the expense of employees.... [When 10,000 Safeway workers struck in May-June 1997,] customers largely stayed away and sales revenue fell by more than half."
27. Staughton Lynd, "The Genesis of the Idea of a Community Right to Industrial Property in Youngstown and Pittsburgh, 1977–1987," Journal of American History, 74 (1987), 927. The worker/writer Harvey Swados noted in 1957: "The worker's expectations are for better pay, more humane working conditions, more job security. As long as he feels that he is going to achieve them through an extension of existing conditions, for that long he is going to continue to be a middle-class conservative in temper. But only for that long." Swados, "The Myth of the Happy Worker," The Nation, 185 (17 August 1957), 65–69, quotation from 65.
28 Worker rebellion was also evident in the US prior to the Great Depression. See American Social History Film Library, "1877: The Grand Army of Starvation" (1987); David Montgomery, "Workers' Control of Machine Production in the Nineteenth Century," Labor History, 17 (1976), 485–509; Dana Frank, Purchasing Power: Consumer Organizing, Gender, and the Seattle Labor Movement, 1919–1929 (Cambridge 1994); Patricia Cayo Sexton, The War on Labor and the Left (Boulder 1991); Jeremy Brecher, Strike!, rev. ed. (Boston 1998).
There is a rich literature in American labour history which tells a story different from that recounted in this section of the paper. See David Brody, "The Emergence of Mass-Production Unionism," in Brody, Workers in Industrial America: Essays on the Twentieth Century Struggle (New York 1980); Robert H. Zieger, American Workers, American Unions, 1920–1985 (Baltimore 1986); Melvyn Dubofsky, "Not So 'Turbulent Years': A New Look at the 1930s," in Charles Stephenson and Robert Asher, eds., Life and Labor: Dimensions of Working Class History (Albany 1986), 205–223. In my view, there is the same difference in fundamental assumptions between the authors of these works and most of the authors I cite in the succeeding footnotes as there is in the works dealing with the needs of workers cited in n. 8–11.
29 Staughton Lynd, "Introduction," in Lynd, ed., "We Are All Leaders": The Alternative Unionism of the Early 1930s (Urbana 1996), 1–18. See also Jonathan D. Rowe, "Entrepreneurs of Cooperation," YES! (Summer 2006), available at http://www.yesmagazine.org/article.asp?ID=1464 (through cooperation, unemployed workers help rebuild US economy during depression); Marcelo Ballve, "The Silent Revolution," Orion (July-August 2006), available at http://www.orionmagazine.org/pages/om/06-4om/Ballve.html (Argentinian workers take over abandoned plants, get them restarted).
30 Irving Bernstein, A History of the American Worker 1933–1941: Turbulent Years (Boston 1970), 217–315; George Stoney and Judith Helfand, "The Uprising of '34" (1995) (documentary about the textile strike).
31 See Judith Stepan-Norris and Maurice Zeitlin, Left Out: Reds and America's Industrial Unions (Cambridge 2003).
32 See Bernstein, American Worker; Lynd, "Introduction."
33. Lynd, Living Inside Our Hope, 85 (quotation); Nelson Lichtenstein, Labor's War at Home: The CIO in World War II (Cambridge 1982), 133–35; Lichtenstein, "The Unions' Retreat in the Postwar Era," in Steven Fraser and Gary Gerstle, eds., The Rise and Fall of the New Deal Order 1930–1980 (Princeton 1989), 124; Alvin Gouldner, Wildcat Strikes (Yellow Springs 1954).
34. See Howard Zinn, Dana Frank, and Robin D.G. Kelley, Three Strikes: Miners, Musicians, Salesgirls, and the Fighting Spirit of Labor's Last Century (Boston 2001); Bruce Nelson, "'Pentecost' on the Pacific: Maritime Workers and Working-Class Consciousness in the 1930's," Political Power and Social Theory, 4 (1984), 141–182.
35 James Gray Pope, "The Thirteenth Amendment Versus the Commerce Clause: Labor and the Shaping of American Constitutional Law, 1921–1957," Columbia Law Review, 102 (2002), 1–122; Kenneth Casebeer, "Unemployment Insurance," Boston College Law Review, 35 (1994), 259–311.
36 In agreement with me, and articulately opposed to any notion of Japanese worker exceptionalism, is Joe Moore, ed., The Other Japan: Conflict, Compromise, and Resistance Since 1945, new ed. (Armonk 1997), especially Moore's own chapters, "Production Control: Workers' Control in Early Postwar Japan," 4–48, and "Democracy and Capitalism in Postwar Japan," 353–393. Other studies upon which I rely heavily are Gordon, Wages of Affluence; Christena L. Turner, Japanese Workers in Protest: An Ethnography of Consciousness and Experience (Berkeley 1995).
37. Capitalists and their mainstream academic representatives deny, of course, the existence of a business/government ruling junta in Japan, any vicious intent much less any exploitation by the zaibatsu, and even the existence of the successors of the zaibatsu, called the keiretsu. See Yoshiro Miwa and J. Mark Ramseyer, "The Fable of the Keiretsu, and Other Tales of Japan We Wish Were True" (Harvard John M. Olin Discussion Paper No. 471, April 2004), available at <http://www.law.harvard.edu/programs/olin_center/>. My thanks to Ken Rosen for this reference.
38 Freeman and Rebick, "Crumbling Pillar?," 25 n. 2; Kazuo Nimura, The Ashio Riot of 1907: A Social History of Mining in Japan, trans. Terry Boardman and Andrew Gordon, ed. Andrew Gordon (Durham 1997); Andrew Gordon, The Evolution of Labor Relations in Japan: Heavy Industry, 1853–1955 (Cambridge 1988); Gordon, Labor and Imperial Democracy in Prewar Japan (Berkeley 1991).
39. Moore, "Production Control"; Gordon, Wages of Affluence, 4–6, 7–11, 28–42, 85–96, 100–115, 154, 184–191. See generally Joe B. Moore, Japanese Workers and the Struggle for Power, 1945–1947 (Madison 1983).
40 Moore, "Production Control" (quotations from 7, 5, 34); Moore, "Democracy and Capitalism," 356–361 (quotation from 359). "The breaking down of barriers to democratic rights and economic justice produced a phenomenal burst of popular initiatives that ... momentarily threatened to ... turn into a socialist revolution." Moore, "Democracy and Capitalism," 361. Epitomizing the spontaneous, democratizing, and dignity-seeking nature of the uprising as an angry accusation made to a plant manager by a theretofore meek woman. During the workers' takeover of a coal mine in February 1946, two high-ranking mine managers were "forced to listen to the bitter personal attacks of the miners and their wives for treating the workers brutally," according to the eyewitness account of worker Takeo Nishimura. "A lone woman stood and ... began to cry in mortification[, saying:] 'Managers, please look at this. It's the guts of a pumpkin. While you were eating rice every day and drinking sake, there was no rice ration for us.... [A]re you human? ... [W]hat kind of a thing is it that you are snatching away the things we eat, that you are raising pet horses and dogs and letting them eat white rice? The coal-mining pitworkers are leading more miserable lives than dogs. We worry about getting something to eat every day, every day....' Unable to go on, she broke down in tears.... It was probably the first time in her life she had spoken in front of people." Nishimura, Jinmin Saiban no Shinso (15 April 1946), 33, trans. and qtd. in Moore, "Production Control," 22–23.
41 Moore, "Democracy and Capitalism," 356–361.
42 Moore, "Democracy and Capitalism," 361–364; Gordon, Wages of Affluence, 9–10. Japanese union density is conveniently found in Tsuru and Rebitzer, "Limits," 463.
43 Moore, "Democracy and Capitalism," 364–371 (quotations from 364); John Price, "The 1960 Miike Coal Mine Dispute: Turning Point for Adversarial Unionism in Japan?," in The Other Japan, 49–73.
44 "Enterprise unionism" means that workers in a given firm or business are all in the same union, no matter what their skill or assignment, while workers in a business making the same product are in a separate and unrelated union. "Industrial unionism," in contrast, joins all workers in a given industry, while "craft unionism" links all workers in a single skill. Enterprise unionism fosters worker identity with the company rather than with other workers (the worker takeovers of companies in the 1945–1947 period ironically had the same effect), and thus greatly aids worker competitiveness rather than worker solidarity.
45 Tsuru and Rebitzer, "Limits," 463 (in fact, union density held steady through 1975). For shunto, see Price, "1960 Miike Coal Mine Dispute," 69.
46 Gordon, Wages of Affluence, 9–10, 104 (quotation).
47 Price, "1960 Miike Coal Mine Dispute," 69. An excellent television documentary shows the kinds of violent confrontations which occurred during this period, including the Miike strike. See Alex Gibney, "The Pacific Century: Part 5, Reinventing Japan" (1992). I am grateful to Joong-Jae Lee for his gift of this film to me.
48 Kishi was an apt symbol of Japan's autocratic business history. He had been imprisoned by the US occupation in the 1940s for his notorious role in exploiting Manchuria as a part of the Tojo government. Moore, "Democracy and Capitalism," 366. Many politicians who were part of Japan's pre-1945 imperial conquests became leaders of the post-1947 period of economic expansion. See John Lie, "War, Absolutism, and Amnesia: The Decline of War Responsibility in Postwar Japan," Peace and Change, 16 (1991), 302–315.
49 Price, "1960 Miike Coal Mine Dispute," especially 51, 69–70 (miners' shopfloor militance). Despite the violence of the years 1947–1960, few workers were actually killed. The miner's death at the Miike colliery was a stunning occurrence for Japan.
50. "[E]mployer resistance [to unions, in the US,] has never dissipated." Employers do everything they can to discourage unions, both inside and outside the law. Their pressure is relentless, workers believe they will be fired or otherwise retaliated against for pro-union activity, and even one of four unions which won certification finds a stone wall when it comes to reaching agreement on a contract. James B. Atleson, "Law and Union Power: Thoughts on the United States and Canada," Buffalo Law Review, 42 (1994), 477–482, 488–490 (quotation from 477); Weiler, "Promises to Keep."
51. This is captured by Charlie Chaplin in the first reel of "Modern Times" (1936), where his worker character is crazed by mindless assembly-line work, fights the other workers instead of the boss, and is swept into the machinery himself, becoming an incongruous cog. See also California Newsreel, "Clockwork" (1988) (chilling documentary about assembly-line work).
Harvey Swados said of the assembly line: "It is not simply status-hunger that makes a man hate work that is mindless, endless, stupefying, sweaty, filthy, noisy, exhausting, insecure in its prospects and practically without any hope of advancement." Swados, "Myth of the Happy Worker," 67. Robert Schrank put it this way: "Managers and engineers tend to lose their concern about people because of their total preoccupation with 'the product' ... [and their] consequent neglect of human needs ... could fill case-history books with stories of management's insensitivity to workers.... Workers become strangers to many managers and are seen only as an extension of a piece of machinery in which a capital investment has been made." Ten Thousand Working Days, 141.
For a classic instance of the installation of the assembly line to deskill workers, see Stephen Meyer, The Five Dollar Day: Labor Management and Social Control in the Ford Motor Company, 1908–1921 (Buffalo 1981), 9–36. See generally Braverman, Labor and Monopoly Capital; Bertell Ollman, Alienation: Marx's Conception of Man in Capitalist Society, 2nd ed. (New York 1973).
52 For the US, see Karl Klare, "Judicial Deradicalization of the Wagner Act and the Origins of Modern Legal Consciousness," Minnesota Law Review, 62 (1978), 265–339; James Atleson, Values and Assumptions in American Labor Law (Amherst 1983); Staughton Lynd, "Ideology and Labor Law," Stanford Law Review, 36 (1984), 1273–1296. In Japan, "The law and its interpretation by the nation's ruling bureaucrats inhibited the growth of ... union[s] that challenged [industry] so vigorously in the 1950s and promoted the ultracooperative unions that emerged in later years." Gordon, Wages of Affluence, 183–84, 198 (quotation); see also Anthony Woodiwiss, Law, Labour, and Society in Japan: From Repression to Reluctant Recognition (London 1992); Daniel Foote, "Judicial Creation of Norms in Japanese Labor Law: Activism in the Service of — Stability?," UCLA Law Review, 43 (1996), 635–709.
53 Moore, "Democracy and Capitalism," 357; David F. Noble, American By Design: Science, Technology, and the Rise of Corporate Capitalism (New York 1977).
54. For the importance of bonuses in large industrial firms, see Tsuru and Rebitzer, "Limits," 467–470; Freeman and Rebick, "Crumbling Pillar?," 14.
55 In 1995, 99 per cent of those Japanese firms employing more than 5000 workers were unionized, while only 25 per cent of those employing between 50 and 99 workers were unionized. Also, while heavy industry is unionized, the manufacturing, service, and small-firm sectors are not. Moreover, the majority of newly established firms, of whatever size or variety, are non-union. Takibanachi and Noda, Economic Effects, 25, 32, 49.
56 See n. 44.
57 "The establishment of cooperative unions ... marked a dramatic turnabout from the earlier stance of Japanese unions." David Kucera, "Labor-Management Relations in Twentieth-Century Japan: A Review Essay," International Labor and Working-Class History, 58 (2000), 286.
58. Moore, "Democracy and Capitalism," 356–360, 363–373, 387; Gordon, Wages of Affluence, 131–144, 157–173, 177–178, 187–188, 197–202. "The idea of obtaining willing consent through warmly paternalistic and cooperative familism was more honored in the breach than in practice, but it has run like a bright thread through the ideology of management for nearly a century." Moore, "Democracy and Capitalism," 358.
59 Moore, "Democracy and Capitalism," 354, 372–373; Gordon, Wages of Affluence, 177–179, 191–192; Reiko Atsumi, "Dilemmas and Accommodations of Married Japanese Women in White-Collar Employment," in The Other Japan, 272–287. "Discrimination against women is rooted in contemporary Japanese industrial relations," as firms are still "in fear of their future job-leaving." Thus it is not surprising that studies show women among those who think unions not very efficacious. Takibanachi and Noda, Economic Effects, 81 (quotation), 142 (quotation), 165, 52. Year-end bonuses average 26 per cent of annual salary for men, 13 per cent for women. Tsuru and Rebitzer, "Limits," 488–489 n.18.
60 "Ishimure Michiko's 'The Boy Yamanaka Kuhei'," trans. Christopher Stevens, in The Other Japan, 132–144.
61 Moore, "Democracy and Capitalism," 370, 373; Kazuoki Ohno, "Japanese Agriculture Today: The Roots of Decay," in The Other Japan, 176–198.
62. Moore, "Democracy and Capitalism," 371, 373 (quotation), 374 (quotation); Ken'ichi Koyabashi, "Japanese Style Labor-Management Relations and Employment and Industrial Relations in Small and Medium Enterprises," Journal of International Economic Studies, 1 (1985), 53–71; John Lie, "The 'Problem' of Foreign Workers in Contemporary Japan," in The Other Japan, 288–300; Yuki Tanaka, "Nuclear Power Plant Gypsies in High-Tech Society," in The Other Japan, 251–271; Brett de Bary, "Sanya: Japan's Internal Colony," in The Other Japan, 80–95.
63 Moore, "Democracy and Capitalism," 386 (quotation); Takibanachi and Noda, Economic Effects, 56–57 (quotation from 56); Gordon, Wages of Affluence, 182–83 (quotation). One of the workers who died from overwork was Prime Minister Keizo Obuchi, in 2000: he "had been working fifteen-hour days for months without a single day off when he fell into a coma and died." John Nathan, Japan Unbound: A Volatile Nation's Quest for Pride and Purpose (Boston 2004), 62–63.
64 Gordon, Wages of Affluence, 147–148.
65 Gordon, Wages of Affluence, 163–167, 212.
66Yakuza are organized crime rings. The yakuza amass and oppress cheap immigrant and rural-derived labour for the dangerous construction, toxic clean-up, day-labour, and other lowest-rung jobs which support the whole Japanese economy. Lie, "'Problem' of Foreign Workers"; Tanaka, "Nuclear Power Plant Gypsies"; de Bary, "Internal Colony."
67. Moore, "Democracy and Capitalism," 378–390; Rob Steven, "Japanese Investment in Thailand, Indonesia, and Malaysia: A Decade of JASEAN," in The Other Japan, 199–243; Lie, "'Problem' of Foreign Workers"; Gordon, Wages of Affluence, 150–156, 165–172, 183–184, 188–190, 194, 207–208, 211–212.
68 Tsuru and Rebitzer, "Limits," 463.
69 Japanese workers have not lost sight of their decade and a half of proto-socialist activity. A few Japanese workers in the 1980s were still successfully using the tradition of workplace takeovers, resisting firm bankruptcies which would put them out of work and occupying and occasionally running their companies for extremely long periods of time. Turner, Japanese Workers in Protest (reporting in detail on two worker takeovers of bankrupt firms in 1980–1981). In 1991 and 1992 surveys of non-union Japanese workers, 52 per cent of those who were able to check more than one reason for joining a union, and 21 per cent of those who could check only one reason, believed that, respectively, "a union can stop employers' one-sided or selfish management policy which ignores or abandons employees' demands or hopes" and "unions can help check the unilateral decisions of management." Takibanachi and Noda, Economic Effects, 43; Tsuru and Rebitzer, "Limits," 476. It is clear that Japanese workers still wish to have a democratic say in management decisions.
Acting outside what they considered a tired and unresponsive union structure, workers themselves have begun to speak out, resisting mandatory overtime, suing for relatives worked to death (karoshi), and protesting forced retirement. Gordon, Wages of Affluence, 184–191. Moreover, many have not agreed with the compromise their unions accepted. When sufficiently provoked, they still rise up. See Gordon, Wages of Affluence, 184–191; Turner, Japanese Workers in Protest, 12; Kenneth J. Ruoff, "Mr. Tomino Goes to City Hall: Grass-Roots Democracy in Zushi City, Japan," in The Other Japan, 320–342 (some workers have dropped old leftist rhetoric, but still work for democratic and equitable social and economic relations).
Moreover, Japanese workers have opposed business in other ways: the women's movement has for decades challenged sexist business practices and the low wages and part-time status usually allocated to women in Japan, while a strong environmental movement emerged in the 1970s and continues to oppose capitalism's ecological degradations. Moore, "Democracy and Capitalism," 376–377, 380, 389; Gordon, Wages of Affluence, 184–185, 190–193; Ichiyo Muto, "The Birth of the Women's Liberation Movement in the 1970s," in The Other Japan, 147–171.
70. Nathan, Japan Unbound, 28–44, 62–102 (quotations from 28, 32, 77). I amindebted to Ken Rosen for bringing this book to my attention.
71 For the story told in this section of the paper, see Moody, An Injury to All; Goldfield, Decline; Paul Buhle, Taking Care of Business: Samuel Gompers, George Meany, Lane Kirkland, and the Tragedy of American Labor (New York 1999); Nelson Lichtenstein, State of the Union: A Century of American Labor (Princeton 2003); James Green, Taking History to Heart: The Power of the Past in Building Social Movements (Amherst 2000), 227–280.
72 See James B. Atleson, Labor and the Wartime State: Labor Relations and Law During World War II (Champaign 1998); Lichtenstein, Labor's War at Home.
73 For excellent analyses of union stewards and other officers as cops for bosses, see Martin Glaberman, Punching Out & Other Writings, ed. Staughton Lynd (Chicago 2002), especially 2–92; Stan Weir, Singlejack Solidarity, ed. George Lipsitz (Minneapolis 2004), especially 109–148, 256–274, 281–337.
74. While the most active, most democratic, and most worker-oriented industrial unions in the US were those headed by radicals, and these unions got the best contracts for their members (see Stepan-Norris and Zeitlin, Left Out), they still participated in the legalistic regime of bargaining and restricting worker mutual self-activity.
75 Comparison with Canada is instructive. Canada cannot be called "exceptional," as have been the US and Japan. Socialist politics and labour-oriented parties have been ordinary, as in Europe, and such parties have at times won the vote in various Canadian provinces. Advocacy of socialism has persisted in organized form outside dictatorial, centralized Leninist parties. When wartime strike activity pushed the Canadian government to legalize unions and collective bargaining in 1948, Canada — as happened in Europe — adopted the social wage too. Health insurance, family allowances, holidays, unemployment insurance, workers' compensation, pensions, and eventually medicare were given by law to all Canadian citizens. However, legalization has put upon often more feisty and worker-oriented Canadian union leadership the same pressures to become enforcers of workplace discipline as in the US and Japan. "[I]ndustrial unionism [was restructured] away from its mobilizing movement-oriented character of the early 1940s and into its legalistic, business form of the post-war period." Palmer, Working-Class Experience, 241–263, 278–284, 298–305, 333–336 (quotation from 284).
76 Even with these successes, worker compensation remained distinctly lower than that of the bourgeoisie. As Swados pointed out in 1957: "The average [US] automobile worker[,] ... one of the best-paid factory workers in the country[,] ... is earning less than the starting salaries offered [for jobs in management] to inexperienced and often semi-literate college graduates without dependents.... Does this make him middle-class as to income? Does it rate with the weekly take of a dentist, an accountant, a salesman, a draftsman, a journalist?" "Myth of the Happy Worker," 68. For a classic analysis of a token strike, see William Serrin, Company and the Union: The "Civilized Relationship" of the General Motors Corporation and the United Automobile Workers (Boston 1973).
77 See Martin Jay Levitt, Confessions of a Union Buster (New York 1993).
78 See Barbara Kingsolver, Holding the Line: Women in the Great Arizona Mine Strike of 1983 (Ithaca 1989) (copper workers strike for fifteen months); Stephen Franklin, Three Strikes (New York 2001) (three simultaneous strikes in Decatur, IL, last for a combined six years, during 1993–1995); Julius Getman, The Betrayal of Local 14: Paperworkers, Politics, & Permanent Replacements (Ithaca 1998) (papermill workers in ME strike for seventeen months, 1987–1988); Barbara Kopple and Bill Davis,"Out of Darkness: The Mine Workers' Story" (1990) (documentary film about lengthy 1990 coal miners' strike); Tom Juravich and Kate Bronfenbrenner, Ravenswood: The Steelworkers' Victory and the Revival of American Labor (Ithaca 1999) (lengthy strike of steelworkers); Toni Gilpin et al., On Strike For Respect: The Clerical and Technical Workers' Strike at Yale University, 1984–85 (Urbana 1995); David Wellman, The Union Makes Us Strong: Radical Unionism on the San Francisco Waterfront (New York 1995); Rick Fantasia, Cultures of Solidarity: Consciousness, Action, and Contemporary American Workers (Berkeley 1988); Moody, An Injury to All, 303–330; Clawson, Next Upsurge.
79 In Canada, where workers have fought back more fiercely against wage-cutting, downsizing, and outsourcing, neoliberal governments (including those headed by Conservatives, Liberals, and even New Democrats) have legislated worker losses and defeats. See Leo Panitch and Donald Swartz, The Assault on Trade Union Freedoms: From Wage Controls to Social Contract (Toronto 1993); Reshef and Rastin, Unions in Revolution, 9–14, 17–30, 38–43, 56–57, 91–113, 188–190, 212–213 (neo-liberalism called "neoconservatism"). While union leaders in Canada have generally proved stronger and more member-oriented than their US and Japanese counterparts, in British Columbia in 1983 and 2004 and in Ontario in 1997, when worker protest against neoliberal governmental cutback policies seemed to be gathering popular support and possibly escalating towards a local general strike, union tops capitulated and stanched the protest activity. Bryan D. Palmer, Solidarity: The Rise&Fall of an Opposition in British Columbia (Vancouver 1987); Reshef and Rastin, Unions in Revolution, 94–96, 104–110, 125–129 (see also 134–152 ["Days of Action" local general strikes against the Harris Ontario government, 1995–1998, never escalated to a provincial general strike largely because union leaders could not imagine success]); Bryan Palmer, "Teachers, Bureaucrats, and Betrayal: Halloween in Harrisland," Canadian Dimension (January–February 1998), 29–32; David Camfield, "Neoliberalism and Working-Class Resistance in British Columbia: The Hospital Employees' Union Struggle, 2002–2004," Labour/Le Travail, 57 (Spring 2006), 9–41.
80 See Barbara Ehrenreich, Nickle and Dimed: On (Not) Getting By in America (New York 2002); John de Graaf et al., Affluenza: The All-Consuming Epidemic (New York 2002). For an excellent account of the utter failure of some defense workers in California to understand what downsizing and the failure of radical union activity meant for them, see Joan Didion, "Trouble in Lakewood," The New Yorker, 26 July 1993, 46–65.
81. This occurred in Canada, too. Palmer, Working-Class Experience, 287–298.
82 Organization, however, may spring up spontaneously among rebels. Such has happened many times, including the Russian soviets of 1905 and 1917 (as mentioned in the text accompanying n. 39), the organizations of workers and soldiers which sprang up in post-war Germany in 1918–1920, the Hungarian uprising of 1956, the French rebellions in 1968, and the Polish Solidarity movement of 1980. See Hannah Arendt, On Revolution (New York 1963), 265–266; Martin Glaberman, "The Marxism of C.L.R. James," in Glaberman, Punching Out, 186.
83 Staughton Lynd critiques this paper by arguing that capital's power, its hardline muscle-flexing, is the most important factor in the drop in union density. He accurately points out that no union anywhere in the world — socialist or not — has succeeded in preventing plant relocation. My view is that unions are within the power of workers to build and to alter, while capital can always be assumed to work against the class needs of workers.
84 Labour historians have given different names to the phenomenon I focus upon. Many call it bureaucratization, see Leier, Red Flags and Red Tape, while others focus upon the ineffectiveness of labour leaders, see Camfield, "Working-Class Resistance," and one scholar calls it (at least in the craft unions which still dominate labour organization in the US) feudalistic clientism, see Robert Fitch, Solidarity for Sale: How Corruption Destroyed the Labor Movement and Undermined America's Promise (New York 2006). Lynd calls it both bureaucratization and business unionism. Lynd, Living Inside Our Hope, 189–205. For the reasons given later in the text — that is, the dominant characteristic of the phenomenon is that unions, especially union leadership, act as capital wishes for them to act — "business unionism" seems the best term to use.
85 Lynd, Living Inside Our Hope, 198.
86. Moore, "Workers' Control," 40–41. "[D]emocracy in the industrialized world is in fact in direct conflict with the need of capitalism to pursue efficiency in production.... Efficiency ... speaks of democracy as mere mobilization of others for active participation in pursuit of goals decided upon and imposed from above." Moore, "Democracy and Capitalism," 353. In usual union activity today, democracy is almost nonexistent and the culture operates to oppose and attack democracy. All critique, dissent, and genuine participation in governance by workers is stifled, being viewed by union officials "as a sort of treason." Lynd, Living Inside Our Hope, 192. Labour's leaders come to believe "that the working class must be managed, that the masses cannot determine their own struggles." Leier, Red Flags and Red Tape, 34. What is forgotten, omitted, indeed treated by such leaders as anathema, are "principles of class politics, and rank-and-file committees dedicated to a program of class struggle." Palmer, "Teachers, Bureaucrats, and Betrayal," 32.
87 "When a union exists at [one's] workplace, ... [one] should join that union." Lynd, Living Inside Our Hope, 192.
88. "Griselda can't stop smiling. Her dark eyes are glowing. She is full of life. She jumps to see what is going on at the front of the parade.... Now, she is marching, holding hands with people she has never met before. It doesn't matter — they are sisters and brothers of the struggle.... I am exultant, radiant, thrilled. I cannot stop chanting, shouting, 'so-so-solidarite, so-so-solidarite!" J. Garcia-Orgales, "We Are Many More Than Two," Our Times, 20 (2001), 23, quoted in Kevin MacKay, "Solidarity and Symbolic Protest: Lessons for Labour from the Quebec City Summit of the Americas," Labour/Le Travail, 50 (2002), 21–72, esp.32.
89 Turner, Japanese Workers in Protest, 179–99, 204–10, 216 (quotations from 198, 184); see also Friedman, "Forward March Halted," 5–6.
90 Joseph McCartin, "What Happened to Industrial Democracy? Looking Beyond the Rights-Based Defense of Organized Labor in the Workplace," paper delivered at the Southwest Labor Studies Conference, Berkeley, CA, 10 May 2003 (used here by permission of the author).
91. Turner, Japanese Workers in Protest, 31–141.
92 "Many union leaders at various local and national levels expressed to me their feelings that 'the average Japanese worker' was egotistical, selfishly individualistic, and lacking in consciousness.... [O]ne ... [left-wing] leader complained, ... 'They have no concern with the labor movement itself or with strengthening their own unions.' ... The gap between themselves and the rank and file was both created and expressed in such perceptions. Because leaders widely believed this to be true, they felt that they must 'manage discussion' and lead it in a 'productive' direction." Turner, Japanese Workers in Protest, 176.
93 "The perception of themselves as ... powerless commoners, peasants, and workers, coupled with a concrete sense of their weakness within their unions, helped them explain their own political passivity.... Ultimately, the source of this feeling is the fear of losing their jobs." Turner, Japanese Workers in Protest, 173. Economic interests are thus (as ever) more important than ideology. The workers felt timid and pre-modern, but, as later events showed, those feelings disappeared and they acted democratically and in an assertive, modern fashion when the opportunity to preserve their jobs in an assertive, modern way presented itself. They also fully understood at the time what democracy demanded, and that they were being deprived of it despite their leaders' rhetoric.
94 Turner, Japanese Workers in Protest, 143–255 (quotation from 242).
95 Lynd, Living Inside Our Hope, 203–204.
96 Lynd, Living Inside Our Hope, 204. While in capitalism it is only by workers withholding their labour power that capital can be forced to take action or collapse, "unions" are more than bureaucratic organizations, and there is no deterministic necessity that participants in solidarity actions be composed solely of workers. Ad hoc shopfloor committees, the soviets spontaneously formed by Russian workers, peasants, and members of the armed forces in 1905 and 1917, the committees of the unemployed which sprang up in the US and Canada during the Depression, groups of retirees, and other social formations of people oppressed by capitalism are "unions." Recent Canadian history gives excellent examples. "Solidarity" actions in British Columbia in 1983 and 2004 (see n. 78), and the Summit of the Americas anti-"free trade" protests in Quebec City in 2001 (see MacKay, "Solidarity and Symbolic Protest"), were fuelled by faculty and students, as well as by workers at the time identifying themselves not only as workers but also as citizens, as women, as minorities, as persons with an alternative lifestyle or sexual orientation, as environmentalists, and the like. It is the living experience of people uniting and acting together against capitalist oppression which is crucial. "I think the Wobblies [members of the Industrial Workers of the World] were right. I suggest that the One Big Union, based in local shopfloor committees and local committees of workers from all trades, spontaneously created and re-created by a horizontal process in which workers reach out to their counterparts in other places and other countries, is the organizational form required for effective response to the power of multinational corporations." Lynd, Living Inside Our Hope, 198. "We are not limited to the options of students giving political instruction to workers (as suggested by Lenin), or workers, hard-pressed by earning a livelihood, generating a political ideology on their own. We can imagine a third model: students and workers cooperating as equals, horizontally, to bring about fundamental social change." Staughton Lynd, "Edward Thompson's Warrens: On the Transition to Socialism and Its Relation to Current Left Mobilizations," Labour/Le Travail, 50 (2002), 175–186 (quotation from 183).
97 Lynd, Living Inside Our Hope, 189–231, quoting Lenin in What Is To Be Done (published in 1902) at 210, Kollontai and Trotsky at 263 n. 24, Luxemburg at length at 212–216, Marx in Critique of the Gotha Program (published in 1875) at 207, and the early Lenin (in an unpublished work from 1896, written while Lenin was imprisoned) at 208–209 and 261 n.12. Those scholars who have a more complicated and favourable view of Lenin essentially agree with this assessment. See Paul LeBlanc, "Luxemburg and Lenin on Revolutionary Organizations," in LeBlanc, ed., Rosa Luxemburg: Reflections and Writings (Amherst, NY 1999), 95–96 ("Lenin sees the party not as embracing the working class, but as interacting with it for the purpose of influencing it to go in a revolutionary direction. For Luxemburg, ... the point is to blend into the working class as it exists, the better to contribute to its organic development as a revolutionary force.") (emphasis in original); Glaberman, "Toward an American Revolutionary Perspective," in Glaberman, Punching Out, 157 ("There is another weakness in Lenin's views which has even more relevance for today.... [H]e did not always place sufficient emphasis on the role of the proletariat as initiator and inventor of new social forms. It is crucial to understand that the working class, in spontaneous eruption, is the architect of the socialist society.").
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