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The Scab Grab Teaches Scott Walker the Value of Unions

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I confess, I went to sleep last night when Seattle QB Russell Wilson threw a pick with about 3 minutes left in the game [Update: actually, in retrospect it was a missed 4th down throw]. With the Squawks down 5, I figured there was no way they were coming back.

And there was no way they were coming back. Plus, by that point, the game had already descended into a series of plays the outcome of which were randomly determined by arbitrary calls from the refs. It just wasn’t a contest between athletes anymore; it was an art project by a bunch of inexperienced refs.

And so, when Wilson threw a Hail Mary in the last 8 seconds of the game and Packers DB M.D. Jennings caught it, the refs instead called it a Golden Tate TD. What I’m gonna call the Scab Grab. Win, Squawks.

Which has led to all sorts of people who for years have been advocating the replacement of union auto workers, cops, and teachers, to embrace union workers over greedy owners. Perhaps the most stunning of these is this guy:

(The replies to this tweet are definitely worth the laugh, btw.)

The entire country has discovered that unions do more than just inconvenience them. They ensure that experienced workers are not prevented by greedy profit-seekers from placing safe quality work over profit.

But consider: this is the same kind of fight on which the same union busters were on the other side, just weeks ago, on the Chicago Teachers strike. There, experienced teachers were–and still are–at risk of being replaced by inexperienced workers with no control over educational conditions captive to the profit-seeking motives of a bunch of capitalists. And yet on that fight, so many liberals (to say nothing of Scott Walker and Rahm Emanuel) cheered on busting the union with cheap replacements. Perhaps because we don’t get to see how inexperienced teachers struggle to manage a classroom–just as scab refs struggle to manage a game–the effects of the union-busting are applauded, not jeered.

It seems Americans are more willing to entrust their children to inexperienced union-busting replacement workers than they are their spectator sports.

Update: This great Sarah Jaffe post explains why this lockout–and the NHL lockout–matter for workers rights generally.

 

Feingold For Governor: Scott Walker & WI GOP’s War On Good Beer

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I don’t know what the fine Cheese and Brat heads up in Wisconsin did to piss off the political gods, but they have been blighted. It was bad enough to cause national outrage and solidarity when extreme right wing movement conservative Governor Scott Walker and the crazed GOP majorities in the state legislature started attacking the working men and women of Wisconsin’s unions, teachers, cops and firefighters. But now they have gone a bridge too damn far.

And that is why I am supporting Russ Feingold in a recall election against Walker, and you should too.

Scott Walker and the Wisconsin Republicans are declaring war on quality craft beer. From ThinkProgress:

Tucked into Wisconsin Gov. Scott Walker’s (R) much-discussed budget was a little-noticed provision to overhaul the state’s regulation of the beer industry. In a state long associated with beer, the provision will make it much more difficult for the Wisconsin’s burgeoning craft breweries to operate and expand their business by barring them from selling directly to restaurants and liquor stores, and preventing them from selling their own product onsite.

The new provision treats craft brewers — the 60 of whom make up just 5 percent of the beer market in Wisconsin — like corporate mega-brewers, forcing them to use a wholesale distributor to market their product. Under the provision, it would be illegal, for instance, for a small brewer located near a restaurant to walk next door to deliver a case of beer. They’ll have to hire a middle man to do it instead.

And, so, what corporate moneyed hacks are Walker and the Wisconsin GOP blowing this time? From OpenMarket.Org:

The biggest backer of the bill is SABMiller, or as it is known in the US, MillerCoors. They have been pushing the measure, they say, in order to protect the vitality of Wisconsin beer in the face of a hostile invasion from their main national competitor, AB InBev, aka Anheuser-Busch. InBev has reportedly begun a nationwide campaign to purchase distributors in many states, something that MillerCoors says threatens all other brewers’ ability to get their beers in bars and on shelves. That’s the line that MillerCoors is peddling, but craft brewers in Wisconsin say they, and their ever increasing presence in the beer market, is the true target of the proposal.

So, the one thing we will not tolerate here is an attack on quality beer. Nawt gonna happen. there was some yammering here last night about whether so and so or no and no would or wouldn’t vote for Feingold – apparently for President, it was hard to tell. But here, Wheelies and Wheelers, is a real decision point. Would you trade Russ Feingold for Scott Walker? Because that decision is a real possibility for the Wisconsonites.

That is a deal that should be made all day, and all night, long.

As you know, our very own lovely and talented Marcy T. Wheeler introduced guest of honor Sen. Russell Feingold last night at the gala session of Netroots Nation 2011 in Minneapolis, Minnesota. As I am just arriving in Minneapolis as I post, and lord knows what trouble we may get into over the extended weekend (may even be beer drinking), be advised there will be substantive blogging here at Emptywheel, but the timing of the posts may be a bit, ahem, unusual. Hopefully Mary will also be supplying some coverage.

The Mackinac Center’s Assault on Academic Freedom Is a Stunt

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As TPM first reported, MI’s institution of wingnut stupid, the Mackinac* Center, has FOIAed the labor studies departments of three universities.

A free enterprise think tank in Michigan — backed by some of the biggest names in national conservative donor circles — has made a broad public records request to at least three in-state universities with departments that specialize in the study of labor relations, seeking all their emails regarding the union battle in Wisconsin, Gov. Scott Walker (R-WI) and MSNBC’s Rachel Maddow, TPM has learned.

[snip]

The Mackinac Center For Public Policy, based in Midland, Mich., submitted the FOIA requests last Friday and Monday to the Labor Studies Center at the University of Michigan and the Douglas A. Fraser Center for Workplace Issues at Wayne State University. A third FOIA was directed to Michigan State University, which has a School of Human Resources & Labor Relations.

[snip]

The parameters for the request, from a version of the FOIA obtained by TPM and confirmed by Mackinac, cover emails that mention:

“Scott Walker”; “Wisconsin”; “Madison”; “Maddow”; Any other emails dealing with the collective bargaining situation in Wisconsin.

The request covers all faculty emails from “January 1, 2011 to March 25, 2011.”

Read the entire FOIA sent to UM here.

Now, there are three odd things about this FOIA that suggest it is not a serious request, but instead a stunt designed to intimidate academic and political speech and probably sow conspiracy theories.

First, as TPM alluded to but didn’t fully consider, MI recently had a high profile email FOIA decision, Howell Education Association v. Howell Board of Education–in which the Mackinac Center was involved–that found emails to be exempt from FOIA.

This is a difficult question requiring that we apply a statute, whose purpose is to render government transparent, to a technology that did not exist in reality (or even in many people’s imaginations) at the time the statute was enacted and which has the capacity to make “transparent” far more than the drafters of the statute could have dreamed. When the statute was adopted, personal notes between employees were simply thrown away or taken home and only writings related to the entity’s public function were retained. Thus, we conclude that the statute was not intended to render all personal emails public records simply because they are captured by the computer system’s storage mechanism as a matter of technological convenience.

The decision also ruled that personal emails about union actions, while a misuse of the school district’s usage policy, still constituted private messages exempt from FOIA.

Now, the Appeals Court invited the legislature to clarify whether emails should be included in FOIA. Unless I missed it (it’s possible–Lansing has been generating a lot of under-discussed shit of late), the Republicans in Lansing haven’t yet done so (and couldn’t have by the January 1, 2011 start date of the FOIA request).

So unless I’m mistaken about there being a new law on FOIA in this state, the Mackinac Center knows this FOIA is junk.

In addition, while it may or may not affect this case, MI’s universities have some of the strongest autonomy among public schools nationally. While there have mixed decisions about what this means in recent decades (usually litigated on whether MI can offer abortion coverage or same sex partner coverage to its employees), I suspect university autonomy would make this FOIA claim an even weaker case than it was in a K-12 school district.

Next, look at the terms of the FOIA:

It asked for all emails discussing:

“Scott Walker”

“Wisconsin”

“Madison”

“Maddow”

Any other emails dealing with the collective bargaining situation in Wisconsin

And the request start date is January 1, before Scott Walker was even inaugurated as Governor, and well before Scott Walker formally introduced his assault on collective bargaining on February 11.

Is the Mackinac Center trying to suggest–with a FOIA request that will go nowhere–that MI’s labor professors dreamt up the response to Walker? And dreamt up Rachel Maddow in the bargain?

Note what else doesn’t appear in the FOIA: “Snyder,” “EFM,” or “Emergency Financial Manager”–terms as least as likely to have been discussed in this state, but also terms that would clearly have even greater protection as personal emails (since the professors speaking about such topics–particularly in Wayne County, one of the targets for such legislation–would presumably have a personal, as well as a professional interest in what happens in their own state).

I don’t know what to make of this–maybe in his effort to pretend he’s not as conservative as the rest of the Republican governors ruining the Midwest, Snyder asked the Mackinac Center to exclude him–but I find it curious that a Michigan-based “think tank” isn’t asking for emails that would be more likely to appear and more relevant to the public interest of the state.

The likelihood that this is some kind of stunt seems all the more likely given the squirminess from the Center as to their purpose.

Jarrett Skorup, the Mackinac Center research associate whose name is on the FOIA, told TPM he helped write and then filed the FOIAs at the request of his bosses, but he wasn’t sure what they’d be used for in the end. He suggested the Mackinac Center was looking for chatter about the Wisconsin labor situation from state professors paid to study labor relations.

“I would imagine just to see what the people in the labor studies dept are thinking about stuff in Wisconsin,” Skorup said when asked the purpose of the FOIAs.

His boss, Mackinac Center newsletter managing editor Ken Braun, refused to comment on the FOIAs.

“I’m not going to release what we’re writing about,” he said.

I’m not trying to say this isn’t dangerous or a troubling assault on academic freedom.

But there’s something that stinks even beyond the request on its face.

*Odd as it may seem, “Mackinac” is pronounced “Mackinaw” in these parts. Since we’ll be hearing a lot more about the Mackinac Center in upcoming days, please try to get that right, because otherwise we here in MI will be screaming and holding our ears and so won’t hear what you say.