"A Wagner act for public employees": Labor's deferred dream and the rise of conservatism, 1970-1976

Journal of American History

Volumn 95, Issue 1, 2008, Pages 123-148

  McCartin, Joseph A ^a  

^a GEORGETOWN UNIVERSITY   (United States)

Author keywords

[No Author keywords available]

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EID: 53849117086     PISSN: 00218723     EISSN: None     Source Type: Journal    
DOI: 10.2307/25095467     Document Type: Review

References (196)

1. Robert H. Zieger and Gilbert J. Gall, American Workers, American Unions: The Twentieth Century (Baltimore, 2002), 209-12, 216;
2. Leo Troy, The New Unionism in the New Society: Public Sector Unions in the Redistributive State (Fairfax, 1994);
3. Robert Shaffer, "Where Are the Organized Public Employees? The Absence of Public Employee Unionism from U.S. History Textbooks, and Why It Matters," Labor History 43 (Aug. 2002), 315-34;
4. Joseph A. McCartin, "Bringing the State's Workers In: Time to Rectify an Imbalanced U.S. Labor Historiography," ibid., 47 (Feb. 2006), 730-94.
5. For strike statistics, see Public Service Research Council, Public Sector Bargaining and Strikes (Vienna, Va., 1982), 6.
6. For background on public employee unionism before 1962, see Joseph E. Slater, Public Workers: Government Employee Unions, the Law, and the State, 1900-1962 (Ithaca, 2004).
7. Irving Bernstein, Turbulent Years: A History of the American Worker, 1933-1941 (Boston, 1969);
8. Irwin Ross, "Those Newly Militant Government Workers," Public Employee, Sept. 1968, p. 7;
9. Ralph J. Flynn, Public Work, Public Workers (Washington, 1975), 11;
10. Abe Belsky, the executive director of the Pennsylvania Labor Relations Board, quoted in "It's Mostly Politics in Bargaining Now," Business Week, July 21, 1975, p. 54.
11. Bureau of Labor Statistics, "Union Members in 2004," Jan. 27, 2005, Bureau of Labor Statistics News, http://www.bls.gov/news.release/ archives/union2_01272005.pdf.
12. For the reference to a "Wagner ACT for public employees," see Jerry Wurf, "Foreword," in Public Work, Public Workers, by Flynn, viii.
13. "Union Officials Seek to Call Legislative Shots in Confess" National Right to Work Newsletter, Dec. 18, 1974, p. 1. Bureau of Labor Statistics, "Union Members in 2004";
14. Manon Henry, "Union Membership in Canada, 2004," Workplace Gazette: An Industrial Relations Journal 7 (no. 3, 2005), 42-48.
15. On the geographic isolation of the labor movement, see Melvyn Dubofsky and Joseph A. McCartin, eds., American Labor: A Documentary Collection (New York, 2004), 311-12.
16. On the failure to reform the nation's labor laws, see Gary M. Fink, "Labor Law Revision and the End of the Postwar Labor Accord," in Organized Labor and American Politics, 1894-1994: The Labor-Liberal Alliance, ed. Kevin Boyle (Albany, 1998), 239-57.
17. Richard M. Nixon quoted in Bruce J. Schulman, The Seventies: The Great Shift in American Culture, Society, and Politics (New York, 2001), 25.
18. Allen J. Matusow, Nixon's Economy: Booms, Busts, Dollars, and Votes (Lawrence, 1998);
19. Steve Fraser and Gary Gersde, eds., The Rise and Fall of the New Deal Order, 1930-1980 (Princeton, 1989). The Tenth Amendment reads: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." U.S. Constitution, amend. X.
20. A rich literature on conservatism's rise has emerged in the past decade that has illuminated the roles played by the growth of suburbia; struggles over racial justice and taxes; and cultural conflicts in building the conservative movement. Yet those works generally have not analyzed the extent to which labor conflicts also influenced the rise of conservatism. See, for example, Matthew Dallek, The Right Moment: Ronald Reagan's First Victory and the Decisive Turning Point in American Politics (New York, 2000);
21. Lisa McGirr, Suburban Warriors: The Origins of the New American Right (Princeton, 2001);
22. Kevin M. Kruse, White Flight: Atlanta and the Making of Modern Conservatism (Princeton, 2005);
23. and Matthew D. Lassiter, The Silent Majority: Suburban Politics in the Sunbelt South (Princeton, 2006).
24. Zieger and Gall, American Workers, American Unions, 209-12;
25. Slater, Public Workers;
26. Joshua B. Freeman, Working-Class New York: Life and Labor since World War II (New York, 2000);
27. Francis P. Ryan, "Everyone Royalty. AFSCME, Municipal Workers and Urban Power in Philadelphia, 1921-1983" (Ph.D. diss., University of Pennsylvania, 2003);
28. Leo Kramer, Labor's Paradox: The American Federation of Stau, County, and Municipal Employees, AFL-CIO (New York, 1962);
29. Joseph C. Goulden, Jerry Wurf Labor's Last Angry Man (New York, 1982);
30. Marjorie Murphy, Blackboard Unions: The AFT and the NEA, 1900-1980 (Ithaca, 1990);
31. Aaron Brenner, "Striking against the State: The Postal Wildcat of 1970," Labor's Heritage, 7 (Spring 1996), 4-27;
32. Michael Goldfidd, "Pubhc Sector Union Growth and Public Policy," Policy Studies Journal 18 (Winter 1989-1990), 404-20.
33. Franklin D. Roosevelt quoted in Samuel I. Rosenman, comp., The Public Papers and Addresses of Franklin D. Roosevelt, vol. VI: The Constitution Prevails, 1937 (New York, 1941), 325.
34. The Michigan civil service commissioner John N. Seaman quoted in "Collective Bargaining Can't Work, Retiring Michigan Official Declares," Government Employee Relations Report, Feb. 6, 1967, p. B1.
35. Donald Elisburg, "Legislative Outlook for Public Sector Labor Relations," in Labor Relations Law in the Public Sector, ed. Andria S. Knapp (Chicago, 1977), 21-29.
36. Richard C. Kearney, Labor Relations in the Public Sector (New York, 1984), 209-10;
37. [Council of State Governments], State-Local Employee Labor Relations (Lexington, Ky., 1970).
38. Howie McClennan quoted in "PED President McClennan Asks for Communication, Trust," Government Employee Relations Report, Dec. 16, 1974, p. B4.
39. President Vincent J. Paterno of the Association of Civilian Technicians (ACT) quoted in "USIC, ACT, NAPFE, OEA, and AFT Testify on Bargaining Legislation," ibid., July 29, 1974, p. A8.
40. Thomas R. Donahue, "What Do Unions Want?," in The Crisis in Public Employee Relations in the Decade of the Seventies, ed. Richard J. Murphy and Morris Sackman (Washington, 1970), 37.
41. "Cornell Professor Says EO 11491 Is Inherently 'Unstable' to Degree That It Deviates from Private Sector Practice," Government Employee Relations Report, June 23, 1975, pp. A2-3;
42. Arnold M. Zack, "Impasses, Strikes, and Resolutions," in Public Workers and Public Unions, ed. Sam Zagoria (Englewood Cliffs, 1972), 103.
43. For an overview of public sector labor policy trends, see Charles M. Rehmus, "Labor Relations in the Public Sector in the United States," in Public Employment Labor Relations: An Overview of Eleven Nations, ed. Charles M. Rehmus (Ann Arbor, 1975), 19-41.
44. Charles H. Wilson quoted in "House POCS Subcommittee Reports Out Right to Strike Legislation for Postal Workers," Government Employee Relations Report, Oct. 15, 1973, p. A8.
45. Gale McGee quoted in "Labor Relations Act for Federal Employees Again Urged by Unions," ibid., June 4, 1973, pp. A7-9.
46. "Hodgson Advocates More Experimentation on Local Level Bargaining before Federal Regulation of Pubhc Employees Bargaining," ibid., April 3, 1972, p. B6;
47. "New York State Charter Revision Commission Urged to Reform New York City Municipal Labor Relations," ibid., Feb. 24, 1975, p. B3;
48. Benjamin Aaron et al., Final Report and Proposed Statute of the California Assembly Advisory Council on Public Employee Relations, March 15, 1973 (Sacramento, 1973).
49. William J. Usery quoted in "Mediation Service to Try to Discover Why 1,200 Federal Units Are without Contracts," Government Employee Relations Report, Aug. 20, 1973, p. A10;
50. and William J. Usery Jr., "Collective Bargaining in the Federal Sector: Preparing for Change," ibid., July 22, 1974, p. F2.
51. For calls for Usery's ouster, see "Bargaining Law Should Be 'Seriously Considered' Now or in Next Congress, Usery Tells SFLRP," ibid., July 1, 1974, p. A10.
52. Flynn, Public Work, Public Workers, viii.
53. "American Federation of State, County, and Municipal Employees (AFSCME) Legislative Agenda, 2nd Session, 92nd Congress," [1971-1972], file 14, box 75, American Federation of State, County, and Municipal Employees President's Office Records, Jerry Wurf Collection (Walter Reuther Library, Wayne State University, Detroit, Mich.). Jerry Wurf quoted in Flynn, Public Work, Public Workers, 83.
54. Maryland v. Wirtz, 392 U.S. 183 (1968).
55. Winn Newman to Jerry Wurf, memo, Oct. 2, 1969, file 16, box 75, American Federation of State, County, and Municipal Employees Ptesident's Office Records, Wurf Collection.
56. "National Public Employee Relations Act," H.R. 18972, Aug. 13, 1970, ibid.
57. Abner Mikva quoted in Congressional Record 91 Cong., 2 sess., Aug. 11, 1970, p. 28334.
58. "Convention Draft Report" [1972], file 14, box 75, American Federation of State, County, and Municipal Employees President's Office Records, Wurf Collection; Flynn, Public Work, Public Workers, 84.
59. Andrew J. Biemiller, "Minutes of Meeting of the Executive Council Subcommittee on Collective Bargaining Rights for State and Local Government Employees," July 29, 1970, Government Employees, 1969/01-1970/10 File, box 22, American Federation of Labor-Congress of Industrial Organizations Department of Legislation Records (George Meany Memorial Archives, Silver Spring, Md.);
60. Andrew J. Biemiller, "Minutes of Meeting of the Executive Council Subcommittee on Collective Bargaining Rights for State and Local Government Employees," Oct. 16, 1970, ibid;
61. Wurf to Andrew Biemiller, Sept. 23, 1970, Government Employees L-M Task Force 1968/08-1970/10 File, box 22, American Federation of Labor-Congress of Industrial Organizations Department of Legislation Records.
62. Journal of Commerce, March 19, 1971, clipping, file 15, box 75, American Federation of State, County, and Municipal Employees President's Office Records, Wurf Collection.
63. National League of Cities, press release, Sept. 27, 1971, file 16, box 78, ibid.;
64. John V. Lindsay to Wurf, June 17, 1971, ibid.;
65. Kevin White to Wurf, June 22, 1971, ibid.
66. R. W. Apple Jr., "President Signs Rise in Pay Base to $2.30 an Hour," New York Times, April 9, 1974, p. 1.
67. William Lacy Clay interview by Joseph A. McCartin, June 22, 2006, audiotape (in Joseph A. McCartin's possession). The Clay bill is summarized in "CAPE Bill Introduced in Congress," Government Employee Relations Report, June 25, 1973, p. B2.
68. James C. Hyatt, "New Labor Offensive; Unions Are Stepping Up Efforts to Secure Bargaining Rights for Public Employees," Wall Street Journal Aug. 6, 1974, p. 38.
69. Wurf quoted in American Federation of State, County, and Municipal Employees, press release, March 8, 1972, file 15, box 75, American Federation of State, County, and Municipal Employees President's Office Records, Wurf Collection. McClennan quoted in International Association of Fire Fighters, press release, March 9, 1972, ibid.
70. Harrison A. Williams quoted in "AFL-CIO Public Employees Department Convention Calls for Collective Bargaining Laws," Government Employee Relations Report, Sept. 1, 1975, p. AA4.
71. Donald Elisburg's view reported in "Proposed Federal Laws to Regulate Public Employee Bargaining," ibid., Jan. 28, 1974, p. AA2.
72. "Foundation Scores Major Public Employee Victory," National Right to Work Newsletter, Jan. 17, 1973, p. 3.
73. United States Industrial Council and National Association of Manufacturers quoted in "H.R. 8677," Government Employee Relations Report, June 3, 1973, p. E5.
74. The National Association of Counties quoted in Hyart, "New Labor Offensive." "Statement of Arvid Anderson, April 18, 1972," file 15, box 75, American Federation of State, County, and Municipal Employees President's Office Records, Wurf Collection; "Statement of the Honorable Robert B. Blackwell, April 12, 1972," ibid.
75. Goulden, Jerry Wurf, 212-19;
76. Service Employees International Union, press release, March 9, 1972, file 15, box 75, American Federation of State, County, and Municipal Employees Presidents Office Records, Wurf Collection; "AFL-CIO'S New Public Employee Department Seen Boosting Public Sector Worker Clout," Government Employee Relations Report, Dec. 16, 1974, p. A1.
77. "Earthquake in the Congress," Newsweek, Jan. 27, 1975, p. 24.
78. On filibuster reform, see Barbara Sinclair, "Congressional Reform," in The American Congress: The Building of Democracy ed. Julian E. Zelizer (Boston, 2004), 630-31;
79. and Julian E. Zelizer, On Capitol Hill The Struggle to Reform Congress and Its Consequences, 1948-2000 (New York, 2004), 172-75.
80. The analyst Tim Bornstein quoted in "Addresses by Robert Helsby and Tim Bornstein," Government Employee Relations Report, June 3, 1974, p. E6.
81. William H. McClennan to Members of the Public Employee Department, Jan. 14, 1975, Government Employees L-M Task Force 1971/02-1975/01 File, box 22, American Federation of Labor-Congress of Industrial Organizations Department of Legislation Records;
82. Tom Fitzpatrick to Wurf, Oct. 24, 1974, file 10, box 50, American Federation of State, County, and Municipal Employees President's Office Records, Wurf Collection.
83. William Lacy Clay quoted in "Congressman Clay Tells Public Employee Unions to Unite on Federal Labor Law Hill Will Enact," Government Employee Relations Report, April 14, 1975, p. B14.
84. Ralph J. Flynn's view reported in "A Many-Sided Squeeze," Time, Dec 16, 1974, p. 31.
85. "Forced Unionization of Public Workers Being Pushed by Union-Run Congressmen," National Right to Work Newsletter, Feb. 25, 1975, p. 1;
86. "Union Officials Seek to Call Legislative Shots in Congress," ibid., Dec. 18, 1974, p. 1;
87. "Compulsory Unionism Number One Goal of Public Employee Union Bosses," ibid., March 26, 1973, pp. 6-7;
88. "Union Bosses Move Ahead with Efforts to Control Machinery of Government," ibid., April 25, 1973, p. 3.
89. Russell Kirk quoted in "'Agency Shop' Threatens Academic Freedom," ibid., May 25, 1973, p. 3.
90. Ralph de Toledano, "Big Labor Wants Bill Passed," ibid., Feb. 25, 1975, p. 8;
91. James J. Kilpatrick, "Unions and Government Workers," ibid., May 28, 1975, p. 8.
92. Jefferson City Capital News, Oct. 20, 1973, clipping, file 10, box 50, American Federation of State, County, and Municipal Employees Presidents Office Records, Wurf CoUection;
93. Chattanooga News, Oct. 12, 1973,
94. clipping, ibid.
95. Jesse Helms quoted in Ralph de Toledano, Let Our Cities Burn (New Rochelle, 1975), 8.
96. Neal R. Pierce, "Major Impact Expected from Decision on Labor Act," National Journal May 17, 1975, pp. 740-45;
97. Theodore Sachs, "Federal Regulation of the Public Sector: Implication of National League of Cities v. Usery" in Labor Relations Law in the Public Sector, ed. Knapp (Chicago, 1976), 11-20.
98. Karen Nelson Moore, bench memorandum, April 11, 1975, folder 5, box 217, Harry A. Blackmun Papers (Manuscript Division, Library of Congress, Washington, D.C.).
99. Fry v. United Staus, 421 U.S. 542 (1975).
100. Only Justice William H. Rehnquist dissented in this case, citing a "danger to our federal system" implied in the case. See Fry v. United States, 421 U.S. at 550.
101. The Fry case was argued on November 11, 1974, and its decision announced on May 27, 1975, but the justices had circulated their opinions on Fry prior to the hearing on National League of Cities v. Dunlop (docket no. 74-878) on April 16, 1975. For Harry A. Blackmun's comments on these circulated opinions, see Harry A. Blackmun to Thurgood Marshall, Jan. 9, Jan. 15, April 7, 1975, folder 8, box 196, Blackmun Papers.
102. Blackmun's notes make clear that he leaned toward upholding the Fair Labor Standards Act (FLSA) extension, yet with reservations. "I am unsure about my position and shall wait for oral argument," he wrote. According to his notes, Blackmun came out of the oral argument still leaning toward upholding the law, yet with some questions. On the bottom of the case file that he had with him during the oral hearing on April 16, Blackmun scrawled "4/16 +?" See Harry A. Blackmun, memo on docket nos. 74-878, 74-879, April 15, 1975, folder 5, box 217, Blackmun Papers.
103. William Brennans and Lewis F. Powell Jr.'s positions quoted in Harry A. Blackmun, notes on conference for National League of Cities v. Dunlop, 74-878
104. and California v. Dunlop, 74-879,
105. April 18, 1975, folder 4, ibid. For Blackmun's view, see Blackmun, memo on docket nos. 74-878, 74-879,
106. April 15, 1975, folder 5, ibid.
107. Linda Greenhouse s biography of Blackmun does not note his early indecision on the National League of Cities case or its re-argument.
108. See Linda Greenhouse, Becoming Justice Blackmun: Harry Blackmun's Supreme Court Journey (New York, 2005), 145-46.
109. Melvyn Dubofsky, The State and Labor in Modern America (Chapel Hill, 1994), 126-27;
110. Janet Irons, Testing the New Deal: The General Textile Strike of 1934 in the American South (Urbana, 2000);
111. David F. Selvin, A Terrible Anger: The 1934 Waterfront and General Strikes in San Francisco (Detroit, 1996).
112. On the impact of the fiscal crisis on labor relations in the public sector, see Joseph A. McCartin, "'Fire the Hell Out of Them': Sanitation Workers' Struggles and the Normalization of the Striker Replacement Strategy in the 1970s," Labor: Studies in the Working-Class History of the Americas, 2 (Fall 2005), 78-82;
113. Joseph A. McCartin, "Turnabout Years: Public Sector Unionism and the Fiscal Crisis," in Rightward Bound: Making America Conservative in the 1970s, ed. Bruce J. Schulman and Julian E. Zelizer (Cambridge, Mass., 2008), 210-26;
114. Jewel Bellush and Bernard Bellush, Union Power and New York: Victor Gotbaum and District Council 37(New York, 1984), 381-419;
115. Freeman, Working-Class New York, 256-87;
116. and Michael Spear, "A Crisis in Urban Liberalism: The New York City Municipal Unions and the 1970s Fiscal Crisis" (Ph.D. diss., City University of New York, 2005).
117. Lee Dembart, "DeLury, after Court Loss, Says Strike Is 'Inevitable,'" New York Times, July 1, 1975, p. 63;
118. Selwyn Raab, "Laid-Off Policemen Block Brooklyn Bridge Traffic," ibid., July 2, 1975, pp. 1, 20;
119. Edward C. Burks, "A Strike over Layoffs Causes Hudson Parkway Traffic Jam," ibid., July 3, 1975, p. 11;
120. Lee Dembart, "High-Level Talks Ended Walkout," ibid., July 4, 1975, p. 6.
121. James T. Wooten, "Widening Effect Expected in Pennsylvania Walkout," ibid., July 2, 1975, p. 65;
122. Gerald W McEntee quoted in "Public Employee Unions Must Not Rule the State," Philadelphia Inquirer, July 3, 1975, p. 10A.
123. Richard Zahler, "Municipal League Opposes Uhlman Recall," Seattle Times, June 24, 1975, p. A1;
124. John Hinterberger, "Recall Forces Toil On into Eleventh Hour," ibid., June 28, 1975, p. A1;
125. Charles Dunsire, "Uhlman Recall: The Pros, Cons-Vote Tuesday," Seattle Post-Intelligencer, June 29, 1975, p. A1.
126. Bellush and Bellush, Union Power and New York, 381-419;
127. Larry Williams, "Strikers Victims of Their Success," Philadelphia Inquirer, July 5, 1975, p. 1A;
128. Warren Brown, "Union, State Reach Accord," ibid., July 5, 1975, p. 1A;
129. Zahler, "Municipal League Opposes Uhlman Recall."
130. "Union-Ruled City," New York Times, July 8, 1975, p. 25;
131. "Public Employee Unions Must Not Rule the State"; "Tuesday's Recall Election," Seattle Times, June 29, 1975, p. A12.
132. The Association of Washington Cities director Kent Swisher quoted in Charles Dunsire, "Successful Recall Would Put Sam Smith in Mayor's Chair," Seattle Post-Intelligencer, June 29, 1975, p. A12.
133. Dave Marriott, Wes Uhlman's press secretary, quoted in "Seatde Mayor Survives Recall Spearheaded by Fire Fighters," Government Employee Relations Report, July 7, 1975, p. B4.
134. Neal Pierce quoted in "Public Opinion Seen Swinging against Government Employee Unions," ibid., Oct. 6, 1975, p. Z3.
135. William McNichols quoted in John Darnton, "Beame Gets a Big Welcome at the Mayors' Conference in Boston," New York Times, July 9, 1975, p. 41;
136. Joseph Alioto quoted in "Public Employees v. the Cities," Business Week, July 21, 1975, p. 50.
137. For an analysis of Harris Poll figures, see "Harris Poll: Public Opposes Strikes by Teachers, Police, Firefighters," Government Employee Relations Report, Dec. 18, 1978, pp. 25-26.
138. Wes Uhlman, "Seattle," in Public Employee Unions: A Study of the Crisis in Public Sector Labor Relations, ed. A. Lawrence Chickering (San Francisco, 1976), 80.
139. David Y. Denholm interview by McCartin, Jan. 28, 2004, audiotape (in McCartin's possession); "Public Employee Union Bosses Mount New Drive for Federal Law Legalizing Forced Unionism," National Right to Work Newsletter, April 29, 1974, p. 5.
140. Sylvester Petro, The Labor Policy of the Free Society (New York, 1957);
141. Sylvester Petro, "Sovereignty and Compulsory Public-Sector Bargaining," Wake Forest Law Review, 10 (March 1974), 25-165, esp. 165, 28.
142. Denholm interview; Public Service Research Council, Public Sector Bargaining and Strikes (Vienna, Va., 1974).
143. Quotation from Public Service Research Council, Public Sector Bargaining and Strikes (Vienna, Va., 1982), 16.
144. Aaron et al., Final Report and Proposed Statute of the California Assembly Advisory Council on Public Employee Relations, 198-205.
145. The Public Service Research Council's journal was called the Government Union Review; its newsletter was called Government Union Critique.
146. On membership growth, see "Letter from Reed Larson," National Right to Work Newsletter, July 28, 1975, p. 2.
147. Congressional Record 94 Cong. 1 sess., July 17, 1975, pp. 23267-74, esp. 23268-69;
148. William L. Dickinson to A. J. Bryan, April 15, 1975, file 62, box 55, American Federation of Labor-Congress of Industrial Organizations Department of Legislation Records.
149. De Toledano, Let Our Cities Burn, 36, 42, 31.
150. Wurf quoted in ibid., 43.
151. Helms quoted in ibid., 9.
152. For Jake Garn's endorsement of Let Our Cities Burn,
153. see insert in National Right to Work Newsletter, Aug. 28, 1975.
154. Clyde M. Webber quoted in "AFGE Leadership Giving Serious Thought to Extending Jurisdiction to Military," Government Employee Relations Report, Aug. 25, 1975, pp. A8-9.
155. Jerald F. Robinson and James K. McCollum, "The Rejection of Military Unionization: Analysis of the AFGE Data," in Collective Bargaining by the Government Workers: The Public Employee, ed. Harry Kershen (Farmingdale, 1983), 118-28;
156. Art Buchwald, "Introducing a New Breed of American Defense Contractor," Washington Post, Feb. 29, 1976, p. 97;
157. "Thurmond, 21 Co-sponsors Introduce Bill to Forbid Union Organizing among Armed Forces," Government Employee Relations Report, March 15, 1976, p. A10;
158. "Bill to Ban Unions in Military Clears Congress," ibid., Oct. 23, 1978, pp. 6-7.
159. Proceedings of the Eleventh Constitutional Convention of the AFL-CIO (Washington, 1975), 489, 499;
160. "Political Action, Bargaining Rights Are Key to Full Union Strength, Kirkland Tells AFGE," Government Employee Relations Report, Nov. 3, 1975, p. A9.
161. National Labor Relations Board v. Jones & Laughlin Suel Corp., 301 U.S. 1 (1937).
162. On the "revolution of 1937," see Barry Cushman, Rethinking the New Deal Court: The Structure of a Constitutional Revolution (New York, 1998);
163. Cass R. Sunstein, The Partial Constitution (Cambridge, Mass., 1993);
164. and Louis Michael Seidman and Mark V. Tushnet, Remnants of Belief Contemporary Constitutional Issues (New York, 1996).
165. Finley Peter Dunne, Mr. Dooley's Opinions (New York, 1901), 26.
166. "FLSA Extension to State and Local Employees Reargued before United States Supreme Court," Government Employee Relations Report, March 8, 1976, pp. B7-13.
167. For Robert J. Bork quotes, see "National League of Cities v. Usery - Oral Reargument,"
168. audio file, Oyez U.S. Supreme Court Media, http://www.oyez.org/ cases/1970-1979/1974/1974_74_878/reargument/ at 1 hour 8 minutes 38 seconds and 1:16:50.
169. For Powell quote, see ibid., at 1:10:00.
170. For Calvin L. Rampton quotes, see ibid., at 13:20.
171. Harry A. Blackmun, conference notes on case nos. 74-878 and 74-879, March 5, 1976, folder 5, box 217, Blackmun Papers;
172. Harry A. Blackmun, supplemental memo, 74-878 and 74-979, Feb. 26, 1976, ibid.
173. For Blackmun's concurrence, see National League of Cities v. Usery, 426 U.S. 833, 856 (1976).
174. For Brennan's dissent, see ibid. at 880. For further evidence of Brennans sympathies,
175. see Carl Helton to William J. Brennan, Feb. 24, 1976, folder 1, box 381, part I,
176. WiUiam J. Brennan Jr. Papers (Manuscript Division, Library of Congress).
177. United States v. Darby 312 U.S. 100, 124 (1941);
178. "The Revival of States' Rights," Washington Post, July 2, 1976, p. A22;
179. James J. Kilpatrick, "States Regain Pay Powers. For Now," July 2, 1976, cupping, folder 2, box 381, part I, Brennan Papers. In a 1985 decision, Blackmun joined a 5-4 majority in substantially reversing key elements of Usery admitting in effect that aspects of the 1976 decision had been "inconsistent with established principles of federalism." See Garcia v. San Antonio Metropolitan Transit Authority et al., 469 U.S. 531 (1985);
180. and Greenhouse, Becoming Justice Blackmun, 148-49.
181. On Tenth Amendment jurisprudence, see John T. Noonan Jr., Narrowing the Nation's Power: The Supreme Court Sides with the States (Berkeley, 2002).
182. Sachs, "Federal Regulation of the Public Sector," 19.
183. Tony Russo quoted in "Strike Plans, Employer Demands Concern NPELRA Conference," Government Employee Relations Report, March 20, 1978, p. 17.
184. "Many-Sided Squeeze." On public sector unionism in the late 1970s, see Paul Johnston, Success while Others Fail: Social Movement Unionism and the Public Workplace (Ithaca, 1994); and McCartin, "Turnabout Years," 223-26.
185. For union density figures, see Roberta V. McKay, Handbook of Labor Statistics, 1978 (Washington, 1978), 507;
186. and Eva E. Jacobs, ed., Handhook of U.S. Labor Statistics: Employment, Earnings, Prices, Productivity, and Other Labor Data (Lanham, 2007), 422.
187. Fot union election data, see Susan B. Carter et al., Historical Statistics of the United States: Earliest Times to the Present, vol. II, pt. B: Work and Welfare (New York, 2006), 2-352.
188. For background on union woes in the 1970s, see Jefferson Cowie and Joseph Heathcort, eds., Beyond the Ruins: The Meanings of Deindustrialization (Ithaca, 2003);
189. Judith Stein, Running Steel Running America: Race, Economy and the Decline of Liberalism (Chapel Hill, 1998); and Fink, "Labor Law Revision and the End of the Postwar Labor Accord," 239-57.
190. On the relationship between these developments and conservatism, see, for example, McGirr, Suburban Warriors;
191. Kruse, White Flight;
192. Lassiter, Silent Majority;
193. Ronald P. Formisano, Boston against Busing: Race, Class, and Ethnicity in the 1960s and 1970s (Chapel Hill, 2004);
194. and Kevin M. Kruse and Thomas J. Sugrue, eds., The New Suburban History (Chicago, 2006).
195. "AFSCME'S Wurf and Proposition 13's Jarvis Disagree on Tax Cut's Impact," Government Employee Relations Report, Oct. 30, 1978, p. 9.
196. David Y. Denholm quoted in Chris Hanna, Negotiating the Future: Labor Relations in the Public Sector, 1979-2029 (Washington, 1979), 1019.