The Energy Plant Explosion You DIDN'T Hear About

I'm a blogger fellow with Brave New Films on their 16 Deaths Per Day campaign for worker safety. Join us on Facebook.



The disaster at the Upper Big Branch mine in Coalmont, West Virginia has justifiably brought a lot of attention to the issue of worker safety and the need for strong regulation to protect America's workers. But as Chris Bowers points out, this is the kind of story you can write every day in America. Worker safety didn't become a problem because of one mine explosion in West Virginia. Indeed, 16 American workers die every single day, on average, at the workplace, and the federal agencies tasked with making sure that doesn't happen need more resources and more tools to combat such tragedies.

Why, just days before the Massey Energy mine accident, another energy plant saw a deadly workplace disaster:

The death toll from Friday’s fire at Tesoro’s Anacortes refinery in Washington state grew to five, according to news reports.

Three refinery workers were earlier reported to have died following the fire, and a fourth and fifth died of their injuries after being taken to a hospital in Seattle, according to news media reports.

Two other injured workers remained in critical condition at the Seattle hospital.

Sources indicated to Reuters that the fire was caused by a failed heat exchanger, which alternately heats and cools hydrocarbons at the plant. Workers were replacing a separate heat exchanger when this one failed, causing an explosion.

The Chemical Safety Board, an independent federal agency which oversees refineries like this, was already investigating a flash fire at a separate Tesoro refinery in Utah from last October, as well as multiple other fires across the country. A similar blast killed 15 workers at a BP refinery in Texas in 2005. This is becoming an epidemic.

CSB (Chemical Safety Board) Chairman and CEO John Bresland said, “The CSB has 18 ongoing investigations. Of those, seven of these accidents occurred at refineries across the country. This is a significant and disturbing trend that the refining industry needs to address immediately.”

And yet, the Chemical Safety Board cannot issue citations or fines, only safety recommendations. They can request that a refinery shut down because of safety concerns, but they cannot mandate it.

This is just an example of where government lacks the tools and resources necessary to keep American workers safe at their jobs. There are worker's memorials all over the country which are a living reminder that we have not succeeded in creating safe and secure workplaces. Every April, Worker's Memorial Day serves to deliver that reminder.

That's where the Protecting America's Workers Act (PAWA) comes in. The Obama Administration under the leadership of Hilda Solis is actually doing a great job of restoring the gutted agencies under the Labor Department's purview, which have been ravaged by 30 years of deregulation and industry capture. But the regulations themselves need to be beefed up, in addition to having better regulators and better tactics. David Michaels and Jordan Barab are leading the Occupational Health and Safety Administration into a new era. They actually slapped the largest fine in history on BP for their failure to fix safety violations even AFTER their 2005 refinery explosion. OSHA is reconfiguring their inspections to target severe violators.

All of this is good. But now they need to be given the ability to succeed. PAWA would do that, by extending OSHA coverage to 8 million more workers, by updating civil and criminal penalties for violations, and by providing an effective deterrent to employers to maintain unsafe workplaces.

We need to eliminate the kinds of headlines we see in West Virginia or Washington or Texas. We need employers to live up to their responsibilities. We need to protect America's workers.

General Session Open Thread

Here's a thread for the opening session at the CDP convention. Secretary of Labor Hilda Solis is taking the stage right now, leaving me wondering what this would be like if she was speaking as a candidate for Governor. Ah well.

The juicy tidbit I've heard is that Phil Angelides is strongly considering jumping into the CA-03 race against Dan Lungren. This makes a pretty good deal of sense. Angelides has the policy chops, the ability to raise money (he has a huge list of supporters to tap from 2006), and a focus on green jobs and clean energy from the Apollo Alliance. I'd like to see this.

Solis' money quote: "This is the most progressive Administration I've seen in a long time."

More later.

...The Garamendi-bots are out, bringing him to the floor. I think they just had a bunch of leftover signs from when he was running for Lt. Governor.

...Most awkward quote ever: "George W. Bush, you are bad history!" Garamendi followed up with the old "We now have a President who can speak a complete sentence" standby...

...So Gavin Newsom is being introduced now. Lots of "visibility" in the crowd.

As Gavin talks about his alleged delivery of health care to everyone in San Francisco, can someone please ask him about cutting the city health care budget by 25% across the board to cover his city's budget deficit? I will, in a couple hours.

Money quote - "We're not intent to relive history." Yes, just to rewrite it.

Boy, Jack O'Connell is wooden.

Barbara Boxer is up right now. I'm reading over the speech, and it's a bunch of red meat.

We Need A Complete Overhaul Of Labor Laws

You know that labor laws have grown completely insufficient and unenforced when the EEOC is routinely violating the rights of its own employees:

The Equal Employment Opportunity Commission, responsible for ensuring that the nation's workers are treated fairly, has itself willfully violated the Fair Labor Standards Act on a nationwide basis with its own employees, an arbitrator has ruled.

The agency's practice of offering compensatory time off to its employees rather than overtime pay amounted to "forced volunteering" and was a knowing violation of the law, according to the ruling.

"The case before me, in my view, demonstrates action that went beyond mere negligence," arbitrator Steven M. Wolf wrote in a decision released last week.

This is not an isolated incident. While typically, regulatory boards charged with protecting workers aren't simultaneously violating their rights, clearly oversight has fallen short. OSHA barely enforced its own rules on worker safety, leading to multiple unnecessary deaths. The Wage And Hour Division failed to follow up on wage violations flagged by undercover agents posing as workers. Our regulatory structure is corroded, and needs a full overhaul.

Under the leadership of Labor Secretary Hilda Solis, things are starting to change. Prevailing wages under the Davis-Bacon Act have been applied to the federal stimulus package, meaning that hundreds of thousands of construction workers will be paid what they're worth. And the regulatory agencies will get staff concerned more with enforcing laws than shielding corporations from them. Obviously the dim prospects for the Employee Free Choice Act is disheartening - although labor continues to press forward with national ads, and allies in the civil rights community are advocating for it as well - but there are additional parts of the labor laws in America where we can make progress.

PA-Sen: The Specter Of Career's End

I think we now know why Arlen Specter was so hot to announce his opposition to the Employee Free Choice Act. He was in danger of becoming irrelevant in the GOP:

Pennsylvania Sen. Arlen Specter trails a lesser-known challenger in the 2010 Republican primary, an indication of the political hit he has taken in his party's base for giving crucial support to the Democratic-drafted $787 billion economic stimulus, according to a new poll.
Former Rep. Pat Toomey, a conservative leader from the Lehigh Valley, leads Specter 41 to 27 percent in a hypothetical matchup in a Quinnipiac University survey released today.

Although Toomey came within 17,000 votes of beating Specter in the 2004 GOP primary, the poll found that 73 percent of Republican voters did not know enough about the likely challenger to form an opinion of him. Seventy-eight percent of all voters had not heard of Toomey.

"Pennsylvania Republicans are so unhappy with Sen. Specter's vote for President Barack Obama's stimulus package and so-called pork barrel spending that they are voting for a former congressman they hardly know," said Clay F. Richards, assistant director of the Quinnipiac University Polling Institute. "Toomey came close last time and has strong conservative backing, but his challenge could be fractured if more Republicans crowd into the primary and split the anti-Specter vote."

I doubt that the anti-Specter vote would get split if Toomey jumps in the race, unless Specter would sock-puppet someone to do so. Toomey is well-respected enough by the state GOP that he'd clear the field. And based on this poll, he'd beat Specter like a drum.

So will the tacking hard to the right work out for Specter? Doesn't look like it.

Conservative groups and politicians, far from won over by Specter’s announcement, continue to hammer away at the embattled Senator, suggesting that his abrupt move on EFCA will do little or nothing to reduce his vulnerability to a primary challenge from the right.

For instance, Specter’s announcement drew only mockery and scorn from former GOP Rep. Ernest Istook, the chair of the anti-EFCA group Save Our Secret Ballot.

“Specter enjoys being the center of attention,” Istook said. “There has probably been more money spent to influence his vote on this issue than on any other vote, from any other senator, at any other time. He wants to continue enjoying the attention and the fundraising opportunity.”

Doug Stafford of the anti-EFCA National Right to Work Committee added in a statement that Specter’s move should be “viewed with some skepticism,” adding that other labor-oriented proposals championed by Specter remain “totally unacceptable” and will enable “Big Labor to corral more workers into forced unionism.”

Let me pause from the electoral politics analysis for a second to note that federal labor agencies currently fail workers by neglecting to enforce the laws on the books. For example, the Wage and Hour Division of the Labor Department mishandled 9 out of 10 cases brought to them by undercover agents, in an investigation from last year. I hope Hilda Solis will rectify this, and have a fair degree of confidence she will, but let's be clear that the current system is irreparably broken. Specter's suggested revisions to labor law wouldn't hurt, but are painfully inadequate.

Back to Specter. It seems like he has almost no support left. Labor is pummeling him for this betrayal, and the hard right has no brief for him either. I have to agree with Jonathan Singer - Arlen is toast.

My prediction, on the basis of this move, is that Specter will not win a sixth term in the United States Senate. I just don't see the path. Even with this move, Specter isn't going to be able to make it out of a Republican primary. He only narrowly beat Toomey in 2004, with the White House on his side, with Rick Santorum on his side, with the fact that the GOP held just a two-seat majority in the Senate at the time on his side, etc. Unless Specter already struck a deal with Toomey -- that in return for Specter siding with the GOP corporatists against working Americans on EFCA, Toomey wouldn't run in the primary -- I can't see a path to renomination for Specter. And given that this move has alienated organized labor, which was likely to support him as an Independent had he supported EFCA, I can't see the path to Specter winning in a three-way race as an Independent against Toomey and a strong Democrat.

I realize that we are more than 19 months away from election day 2010, so I'm going out on somewhat of a limb here. But I'm putting it in writing: I do not believe that Specter will win another term in the Senate next year.

The Rise Of Van Jones

It's great news that Van Jones has been tapped for a high-level job in the Obama Administration, as a special adviser for green jobs. Having his voice at the Presidential level is bound to be valuable, and great for at-risk communities who will not be forgotten with Jones as their defender. At the same time, I have to agree with the first comment in this Grist story.

If it is more than a rumor, then Van faces some decisions that would keep me awake at night. Would he be more effective where he is, or on the insde of the administration??? How much power would he really have?? Could he go along with the administration the next time it starts talking about "clean coal?"

Indeed, he might have to make that determination almost immediately. Because the FutureGen project, a "clean coal" research facility in Illinois, is likely to be funded with stimulus money in the short term. This is just research, of course, and even Energy Secretary Steven Chu supports it "with modifications." But the fact is that clean coal technology hasn't worked and offers a false sense of hope that we can just keep burning dirty fuels and not get dirty ourselves. It would be nice to have Van Jones' perspective on this, but he's embedded inside the Administration now.

Leadership is self-generating, but leadership like Van Jones' comes around only once in a long while. We have a lot of battles in California over green jobs and alternative energy that could have used a strident voice like Jones'. There's an effort to triple our commitment to clean energy through a renewable portfolio standard. The Senate leader's top priority is career tech education with an eye to green jobs and the new economy. Perhaps Jones' departure means that new leaders will take hold of these issues and push them forward. But perhaps not. It leaves a big hole.

I congratulate him as I've congratulated other Californians who have moved to Washington. But it's interesting, from my perspective, that the two individuals most likely to be able to drive a movement politics in the Golden State - Hilda Solis and Van Jones - have packed up and joined the Obama Administration. I can't say I blame them, this state is a basket case. And their talents will be used well.

Hilda Solis Confirmed As Labor Secretary - Race for CA-32 Begins

Minutes ago, the US Senate confirmed Hilda Solis by an 80-17 vote to be the Secretary of Labor. This is a big victory for progressives to fight conservative obstructionism and get a real friend to the labor movement in a top position in Barack Obama's cabinet. It was an unnecessarily long fight, but this is a great resolution. In addition, with Solis having authored the Green Jobs Act, she will undoubtedly be a force for making sure jobs in the alternative energy sector are good union jobs that pay a living wage.

This also means that there will shortly, perhaps as soon as tomorrow, be a vacancy in the 32nd District seat. There are three main candidates for the seat thus far, all of whom have already begun campaigning.

Judy Chu is currently on the Board of Equalization. While a Chinese-American running for a seat that is majority Latino, Chu has the support of the California Federation of Labor, which typically cleans up in these kinds of special elections. That alone makes her the favorite IMO.

Gil Cedillo is a State Senator in the adjoining district, and so he represents very few of these constituents. He has been strong on issues around immigration in particular, and will certainly be formidable in this race.

Emanuel Pleitez worked in the Obama transition team on the Treasury Department. The fact that Treasury has practically no senior officers staffing it save for Tim Geithner, over a month after the inauguration, doesn't really speak well to Pleitez' transition capabilities. But he apparently has the most robust campaign apparatus in the district thus far (with 17 volunteer full-time staff members), and he was born and raised in the district.

The most likely scenario is that either the primary or the general election gets folded into the May 19 special election. Gov. Schwarzenegger has 14 calendar days to set the schedule.

Senate Two-Fer

Good news from the world's most deliberative body. First, Hilda Solis will be confirmed tonight, after unanimous consent was achieved to proceed to a full vote without the need for cloture. This is a great progressive victory for President Obama's cabinet. It will be a new day to have a Secretary of Labor who cares about Labor again.

Also, the Senate advanced the DC Voting Rights Act, which would add two seats to the House of Representatives, one for DC (which has more residents than Wyoming and no representation) and one (for now) for Utah, which just missed out on an extra seat after the last Census. These things are commonly done by compromise, but getting DC residents a voting member is crucially important. There could be a final vote as early as tonight.

Harry Reid gets a pat on the head.

Solis Approved In Committee - Goes To The Full Senate

It was a long struggle with a somewhat anti-climactic resolution, but Hilda Solis was approved by the Senate HELP Committee (Health, Education, Labor and Pensions) on a voice vote. Today over 20,000 petition signatures were delivered to the leaders of the HELP Committee by SEIU, UFW, UFCW, Change to Win and the Courage Campaign, and those voices were heard.

Now the confirmation moves to the full Senate for a vote, where it will hopefully be approved in short order. Sometimes we win one.

Solis Update

Politico reports that the recent tax issues surrounding Hilda Solis' husband won't derail her nomination for Labor Secretary, but they're still going to obstruct:

Key Republican senators on the committee vetting the California Democrat’s nomination say they won’t blame her for the problems facing her husband, Sam Sayyad, who paid around $6,400 last week to settle tax liens against his auto-repair company.

But they are still exploring the congresswoman’s ties to a pro-union organization, and a vote on her nomination has yet to be scheduled [...]

Solis has angered some Republicans’ on the panel for deflecting questions on her positions over controversial “card-check” legislation, which would make it easier for workers to unionize, and for whether she supports maintaining right-to-work laws that prohibit forcing workers to pay union dues as a condition of employment.

Those issues, however, are not enough to drag down her nomination and Republicans are unlikely to block the nomination, according to aides and senators.

Still, there is one last issue that could influence the HELP committee’s upcoming vote. The committee is waiting for additional information about her role as an unpaid board member and treasurer for the pro-union group American Rights at Work, while she was a member of the House.

Isakson said they are reviewing whether her role in an organization lobbying Congress violated campaign finance rules, “which I think would just come back to hurt her if we didn’t get that out and cleared out one way or another.”

These are just a series of stall tactics to drag this confirmation out. Solis' involvement with American Rights At Work has been gone over plenty of times. It is a red herring. Hilda Solis needs to be confirmed now. Sign the petition.

...Marc Ambinder is now reporting that Solis may get a vote in committee tomorrow. It would be long overdue.

Labor Finally Goes To The Mattresses For Solis

After waiting and waiting, labor groups are finally demanding that Hilda Solis be confirmed as the Secretary of Labor. Andy Stern of the SEIU made a short video:



Their action page has a petition.

And this is just the beginning:

"Enough is enough, the gloves are coming off on Friday," said one official with the AFL-CIO, outraged over the delays. "Labor, women's groups, Hispanic groups are opening fire. We worked with Republicans in good faith. Hilda Solis has answered all their questions but they continue to oppose her for partisan ideological reasons."

With Solis's nomination stalled again on Thursday after revelations that her husband had just settled $6,400 in tax leins against his business, unions are no longer willing to hold their breath for the sake of fewer dramatics.

"Our full efforts are being mobilized to fight back," the union official said. "Earned media and field campaign to generate calls, letters, and emails coming tomorrow. Depending on how things move paid media will be added on top of these efforts."

Good to see. Progressive groups like MoveOn should get Hilda's back, too.

UPDATE: Our old friend Hans von Spakovsky, vote suppressor extraordinaire, is writing anti-Solis screeds in places like The Weekly Standard.

UPDATE II: MoveOn jumps in with a letter to the editor tool.

Now Husband's Tax Issues Are Fair Game

Hilda Solis's confirmation in the Senate HELP Committee was abruptly cancelled today after a report surfaced about her husband paying $6,400 to remove a tax lien on his business.

The report, by USA Today, came just before the Senate's Health Education Labor and Pensions Committee was slated to meet to consider Solis's nomination, which had been delayed by questions over her role on the board of the pro-labor organization American Rights at Work. A source said that committee members did not learn about the tax issue until today.

"Today's executive session was postponed to allow members additional time to review the documentation submitted in support of Representative Solis's nomination to serve in the important position of Labor Secretary," read a joint statement issued by Sen. Edward M. Kennedy (D-Mass.), the panel's chairman, and Mike Enzi (Wyoming), the committee's ranking Republican. "There are no holds on her nomination and members on both sides of the aisle remain committed to giving her nomination the fair and thorough consideration that she deserves. We will continue to work together to move this nomination forward as soon as possible."

No new date has been set for the hearing. The disclosure about Solis's husband comes after tax problems caused trouble for three of Obama's top appointees, leading two of them -- HHS-nominee Tom Daschle and Nancy Killefer, who was to be chief performance officer -- to withdraw.

Senate Republicans have been slow-walking this nomination for weeks, and this revelation gave them another reason to do so. To be clear, we're talking about her husband's business. Given that she's in Congress and is in Washington most of the time, I doubt very highly that she has anything to do with it. In addition, by paying the taxes, Solis and her entire family are adhering to Obama's ethical standards, not subverting them.

So this is the latest in a months-long obstructionism. The LA Times reported today that some GOP members were trying to put a gag order on Solis:

Underscoring the bitter debate over a proposal to make it easier for workers to form unions, Republican senators are suggesting that President Obama's pick for Labor secretary must recuse herself from lobbying for the bill's passage.

In a written exchange with Solis, Republican senators indicated they are wary of her ties to a tax-exempt group dedicated to helping workers unionize [...]

Solis' Cabinet nomination is in the crossfire. She was a co-sponsor of the bill in 2007 and has served for the last four years on the board of American Rights at Work. Solis receives no salary as a board member or treasurer [...]

In their questionnaire, the senators noted that American Rights at Work has lobbied for passage of the bill. They asked Solis whether she would seek a waiver from the Obama administration or avoid any role in passing the legislation.

Solis replied that she does not need a waiver and has no intention of stepping back. She said she was only a member of Congress exercising her powers.

"I am not a registered lobbyist, nor do I in any way meet the statutory requirements for registration as a lobbyist," she wrote.

The American Rights at Work thing is a complete red herring. She was a representative figure for those who supported Employee Free Choice in Congress. She is not a lobbyist. She supported a bill. And so denying her free-speech rights seems ridiculous to the extreme.

I don't know if a family member's tax issue is enough to sink this nomination (like the last Labor Secretary's spouse, one Mitch McConnell, has no ethical issues to speak of), but I for one think Solis should be confirmed. And as for the Employee Free Choice Act, the battle for a fair workplace goes on. Thousands of people are marching in the streets of Los Angeles today in support of free choice.

Solis Finally Gets A Committee Vote Tomorrow

Good news: Hilda Solis will get a long-awaited confirmation vote to be the Secretary of Labor tomorrow in the Senate Committee on Health, Education, Labor and Pensions. The hold-up was ridiculous, based on "confusion" on Solis' stand on the Employee Free Choice Act, when it was extremely clear where she stood (in full support), and even more clear that as a legislative issue she would have little to do with the legislation until it was enacted. Earlier in the day, Think Progress noted that the right wing was attempting to Daschle-ize Solis for completely bogus reasons:

In the wake of Daschle’s departure, the right-wing is gunning for another Cabinet victim — Rep. Hilda Solis (D-CA), the nominee for Labor Secretary. The Heritage Foundation writes, “Hilda Solis: The Next Tom Daschle?”

According to The Hill, Sen. Mike Enzi (R-WY) “has questioned whether Solis had done lobbying work while she was both a House member and an official at a pro-labor group, American Rights at Work” (ARW) [...]

As for the “conflict of interest” that the right wing is highlighting? Solis wasn’t paid for her activities with ARW, and as the Washington Independent pointed out, her role was well-known and ceremonial:

"What would be the charge? Either that she participated in lobbying by being a leader with ARW, or that she erred by originally not mentioning this job in her disclosure documents. Two reasons this might not work: Solis’ role in ARW was well-known and ceremonial (it’s on their Website), and no congressman has hinted that he/she would file a complaint that could make a splash but not be deemed frivolous and politically motivated."

This is typical right-wing obstructionism designed to score political points. Let's hope Solis is confirmed be a wide margin tomorrow. It's beyond ridiculous.

Related: CA-32 candidate Emanuel Pleitez, one of at least three to declare for Solis' seat, has some good thoughts about the culpability of credit rating agencies in the financial meltdown.

Support For Labor? Prove It.

This morning at the White House, President Obama not only named his Task Force on the Middle Class headed up by Joe Biden, but signed three executive orders protecting labor rights.

So I'm going to be signing three executive orders designed to ensure that federal contracts serve taxpayers efficiently and effectively. One of these orders is going to prevent taxpayer dollars from going to reimburse federal contractors who spend money trying to influence the formation of unions. We will also require that federal contractors inform their employees of their rights under the National Labor Relations Act. Federal labor laws encourage collective bargaining, and employees should know their rights to avoid disruption of federal contracts.

And I'm issuing an order so that qualified employees will be able to keep their jobs even when a contract changes hands. We shouldn't deprive the government of these workers who have so much experience in making government work.

Labor leaders were invited to the signing ceremony today, and approved of the executive orders.

Our economy has always depended on working families. In our current economic crisis, their recovery is our country’s recovery. Now is the time to ensure that every worker has a living wage, affordable health care, a secure retirement, and a safe workplace.

The Executive Orders President Obama signed today are important first steps. This administration recognizes the federal government's responsibility, as the nation's largest purchaser of goods and services, to set model employment standards for private sector workers – and for the federal workforce.

All good stuff. But one thing struck me. Later on in the event, Joe Biden talked about "restoring labor's place in the Department of Labor." Seems to me that would begin by getting your Labor Secretary confirmed instead of having the GOP block her confirmation.

President Obama's choice to head the Labor Department is trying to overcome resistance to her nomination from Republican senators, who contend she dodged important questions during her confirmation hearing.

Rep. Hilda L. Solis, a Democrat from El Monte, is one of several prominent Cabinet nominees still awaiting confirmation more than a week after the president took office [...]

Solis' nomination has been in limbo since Jan. 9, when she failed to impress Republican senators during a confirmation hearing before the Health, Education, Labor and Pensions Committee, chaired by Sen. Edward M. Kennedy (D-Mass).

The committee has taken no action on her appointment and has none scheduled. In Solis' camp, frustration is mounting.

It looks like Mike Enzi, the ranking member on the committee, is driving this. They keep citing her "evasive answers" in hearings but that's a load of bull. Solis' record is crystal clear. Obama's people have no sense of urgency around this, which is weird. Major decisions are being made on the economy right now and the Labor Secretary is not in place. Seems to me that would be a good way to display support for organized labor.

Lack Of Labor

There's another nominee that is languishing, perhaps the only true progressive in Obama's cabinet, and many of us would like to know why. Greg Sargent at his new digs reports on Hilda Solis' nomination:

Why hasn’t Hilda Solis been confirmed as Labor Secretary yet, and why haven’t we heard from the unions or from the Obama administration about it?

Some top operatives in the labor movement are frustrated with the Obama administration for not giving them the go-ahead to publicly target Republicans who appear to be stalling Solis’ confirmation, people in the labor movement familiar with the situation tell me.

The silence from Obama aides on Solis is ominous to some labor officials, because they view the Republican efforts to hold up Solis as a first shot in the larger coming war over the Employee Free Choice Act, a top labor priority. Some labor officials worry that the Obama administration’s refusal to make an issue of the hold-up on Solis is a sign that the Obama team won’t act aggressively on Employee Free Choice.

“The anonymous hold on Solis is a clear proxy fight for Employee Free Choice,” says a top operative at a prominent union. “And from the Obama Adminisitration … crickets.”

Solis' confirmation hearing was January 9 (you can track cabinet nominees here). If anyone from the Obama team or in the entire Democratic Party has said two words about her since then, I've missed it. Her position on the Employee Free Choice Act is well-known (she voted for it last year, after all) and so the talking point that she wasn't "forthcoming" in her hearing is bogus. Labor is apparently willing to make a lot of noise about this, but want a go-ahead from the Administration, according to Sargent.

“People are just frustrated because they are not getting a clear signal of when and where to fight,” the official says, though he adds that a second school of thought within labor holds that there’s nothing to worry about, and that labor should be “comfortable” with Obama’s “timing on the Solis nomination.”

Still, some in the labor movement were already worried about the administration’s commitment to acting on Employee Free Choice in his first year, as Sam Stein recently reported. And for these people, the administration’s silence on Solis is making it worse.

(Actually, the UFCW is demanding confirmation. Good for them.)

If this is more of that post-partisanship and Obama's team not wanting to tear down bridges to the business community though "divisiveness," consider that those same businesses have no problem being divisive on their end.

Three days after receiving $25 billion in federal bailout funds, Bank of America Corp. hosted a conference call with conservative activists and business officials to organize opposition to the U.S. labor community's top legislative priority.

Participants on the October 17 call -- including at least one representative from another bailout recipient, AIG -- were urged to persuade their clients to send "large contributions" to groups working against the Employee Free Choice Act (EFCA), as well as to vulnerable Senate Republicans, who could help block passage of the bill.

Bernie Marcus, the charismatic co-founder of Home Depot, led the call along with Rick Berman, an aggressive EFCA opponent and founder of the Center for Union Facts. Over the course of an hour, the two framed the legislation as an existential threat to American capitalism, or worse.

"This is the demise of a civilization," said Marcus. "This is how a civilization disappears. I am sitting here as an elder statesman and I'm watching this happen and I don't believe it." [...]

"This bill may be one of the worst things I have ever seen in my life," he said, explaining that he could have been on "a 350-foot boat out in the Mediterranean," but felt it was more important to engage on this fight. "It is incredible to me that anybody could have the chutzpah to try and pass this bill in this election year, especially when we have an economy that is a disaster, a total absolute disaster."

Remember that "decline of civilization" line the next time you need some hardware and have a choice of purchasing options.

Corporate titans are going to fight for their interests. We can't wait for others to fight for ours. Yesterday thereisnospoon launched a citizen lobbying campaign to find out who is holding up Solis' nomination. He has numbers for a bunch of Republicans, but the calls should really go to Harry Reid, who had no problem ignoring Senate holds last year when Chris Dodd was threatening them. Another good phone call would be to the White House switchboard, so Mr. 78% can expend a smidge of political capital to get his own nominee confirmed. Hilda Solis is completely qualified to be Labor Secretary, and in this economic climate the Labor Department needs to be running at full speed.

CA-32: Field (Mostly) Cleared For Cedillo-Chu Matchup

I have to admit that this is kind of unexpected. Not only did State Sen. Gil Cedillo announce his intention to run for Congress in the seat soon to be vacated by incoming Labor Secretary Hilda Solis, but Gloria Romero, who was widely expected to run for the seat, abruptly decided to bow out, endorsing Cedillo and announcing her intention to run for State Superintendent of Public Instruction instead.

Here's a bit from Romero's statement:

I have evaluated the wonderful opportunities before me and have chosen to listen to my heart.

My passion is education. I understand that education is the civil rights issue of our time -- the great equalizer in America . My commitment -- particularly now as the Chair of both the powerful Senate Education Committee and Senate Budget and Fiscal Review Subcommittee on Education -- is to lead the Senate's effort to transform and hold accountable our state's public education system.

It is for this reason that I have chosen to decline to run for Congress and to pursue my dream of becoming California 's next Superintendent of Public Instruction [...]

I endorse Senator Cedillo and look forward to working with him to continue the "change we can believe in" both in California and Washington in these troubling times.

And here's a bit from Cedillo's:

State senator Gilbert Cedillo (D-Los Angeles) today confirmed his intention to run for the 32nd congressional seat being vacated by Rep. Hilda Solis, the Obama administration choice for Secretary of Labor.

“This is a tremendous opportunity for Latinos and the working people of East Los Angeles and San Gabriel Valley. Hilda Solis has been a strong leader on labor and economic issues for the 32nd District. As a candidate I seek to continue that focus, creating a competitive workforce, securing access to affordable healthcare and investment into public safety and transportation,” shared Cedillo.

This changes the calculus of this race a bit. Gloria Romero represented most of this district in the State Senate. Gil Cedillo actually does not. In fact, Judy Chu has represented maybe more of this area than Cedillo has. Chu has already grabbed the endorsements of local Assemblymen Kevin DeLeon and Ed Hernandez. And if more Hispanics join the field, that could certainly chip away at Cedillo's support among low-information voters. One of the Calderon brothers may still jump in. And Dante noted last week that Emanuel Pleitez may run.

This kind of makes this astroturf piece by Paul Hefner, playing down expectations that Chu could win in a divided race and playing up Romero's chances while disclosing midway through that he WORKS for Romero, kind of ridiculous in retrospect. (What's even funnier is the dueling astroturf comment in that piece from Judy Chu's former chief of staff.)

I would be careful with assuming that ethnic support is monolithic. The last special election we saw with an ethnic divide, in CA-37, was decided more because of strong labor support for Laura Richardson than identity politics, though it never stopped Richardson from trying to frame the entire race that way. Chu absolutely can garner support in Latino areas, as much as Cedillo can in Monterey Park. Labor's endorsement is going to mean a lot.

On the merits, I would say that Cedillo would certainly be a strong progressive with a particular interest in immigration policy, and Chu has a good background through the Board of Equalization on taxes and economics. Hopefully we'll have both of them on Calitics in the near future to discuss their candidacies.

(P.S. This HuffPo article about the new Progressive Change Campaign Committee suggests that they might play in CA-32. That ship has pretty much sailed, though if they got on board with Sen. Cedillo it may make some sense.

Our Political Media Crisis and the Disclosure Problems Of The LA Times

I've noticed a strain of thought which believes that all that is needed to achieve Democratic goals in the state is better framing and messaging, because that can get into the media and convince more Californians of the need to restore sanity to the budget process and reform state government. This assumes that there's any kind of substantial political media to begin with. There's shockingly little on local news and radio, and even the newspapers have scaled back their local political coverage. What is currently out there reaches at most 1% of the electorate, and cuts to Capitol bureaus in Sacramento have decreased that gradually over the last year. No media outlet is willing to carry information to the public, a dangerous scenario for a state in crisis.

And because of this breakdown, this provides an opportunity for those with an agenda, the Howard Jarvis Taxpayers Association and right-wing think tanks (or even the false equivalent nonsense of a California Forward) to pursue their goals under the cover of "news." They infect what little coverage there is and provide ready-made content in the form of editorials for papers to print. A sorry example of this showed up in yesterday's LA Times, when Bret Jacobson wrote a screed about Hilda Solis' choice as Labor Secretary.

Solis regularly sides with organized labor's demands, including the biggest of them all: union leaders' desperate campaign to boost their membership by getting rid of secret ballot elections. That privacy allows millions of American workers to vote their conscience when deciding whether to start paying dues to a union boss. Consequently, it's easy to see why union bosses prefer "card check" -- a dubious method that requires employees to sign a legally binding card stating their preference in a way that would allow anyone to know if they are pro-union or not.

The fight over card check has already been a precarious affair. And this week, with the announcement of Obama's pick of Solis, the situation got even stickier. Solis has a hypocritical history of demanding secret ballots for herself but not for working Americans.

I don't think I have to go too much further with Jacobson's propaganda. As I've argued elsewhere, what he calls a "secret ballot" is actually a flawed system of union elections that needs to be fixed. If labor elections were legitimate, there wouldn't be the need for legislation. Instead, think of it as your "secret ballot" Presidential election marred by: mandatory pro-McCain training sessions held across the country, mandatory meetings where "Obama is a Muslim" propaganda is foregrounded, threats to take away your job if you vote for Obama, and threats to close your workplace entirely if Obama wins. There is nothing democratic about these one-sided farces characterized by intimidation and harassment. That's why we need a new system for determining whether workers want to collectively bargain, and majority signup is simply the best practice out there.

But that's not my biggest beef with Jacobson's argument. It's that, at the bottom of his editorial, the LA Times credits him by writing "Bret Jacobson is founder and president of Maverick Strategies LLC, a research and communications firm serving business and free-market think tanks." What they don't say is that he has a long history of union-busting, partnering with the man who is leading efforts to fight the Employee Free Choice Act. Matt Browner Hamlin discloses the lack of disclosure:

Here’s what the highly-informative BretJacobson.com has to say:

"Prior to founding Maverick Strategies, Bret co-founded the Center for Union Facts, overseeing that organization’s research activities, guiding its communications, launching its new-media capabilities, and helping plan its strategic national advertising and earned-media campaigns."

And just for those not paying attention at home, here’s Sourcewatch:

"The Center for Union Facts is a secretive front group for individuals and industries opposed to union activities. It is part of lobbyist Rick Berman’s family of front groups including the Employment Policies Institute. The domain name www.unionfacts.com was registered to Berman & Co. in May 2005." [...]

In short, the Center for Union Facts is the key organization in Big Business efforts to stop the progress of labor in America, most notably through fighting against the Employee Free Choice Act. One of their co-founders, Bret Jacobson, was given license to push the Center’s anti-union, anti-worker agenda in an op-ed against the nominee for Labor Secretary, while the Times failed to disclose the only informative part of his biography. He’s the founder of a research firm? What is that supposed to tell the Times’ readers? Pretty much every person I know who works in politics does some level of consulting. The most important piece of Jacobson’s biography - his professional connection to one of the biggest anti-union groups in America - is left out of a column that specifically pushes the Center’s agenda. In an AP article three days ago, a spokesman for the Center attacked President-elect Obama’s pick of Solis for Labor Secretary (though, amazingly, the AP cited the Center as “a group critical of organized labor”).

Matt works for the SEIU. There, I just disclosed that. Congratulations to me for having more integrity than the Los Angeles Times!

The Employee Free Choice Act is a national issue. But when you have a corporate-run media (the LA Times editorial board has a history of anti-worker pontificating) combined with a nearly invisible political class so that Californians have no base of knowledge about their government, the ease with which propagandists can place their beliefs into what little political media exists is frankly breathtaking. There is plenty of blame to go around in California's current crisis, but the lack of any responsible (or even present) certainly contributes to it.

CA-32: Judy Chu Enters The Race

Last night at a holiday party for the West Los Angeles Democratic Club, state Board of Equalization Chair Dr. Judy Chu announced her intention to run for the Congressional seat vacated by Hilda Solis, who will become the Secretary of Labor in the Obama Administration. Before getting on the Board of Equalization, Chu served the 49th Assembly district, which is inside Solis' Congressional district and includes the heavily Asian Monterey Park, as well as El Monte and Rosemead. Her husband, Mike Eng, currently holds that seat (I guess that means Eng isn't running). Before that, Chu served on the Monterey Park City Council.

Chu and likely candidate Gloria Romero have faced each other before, in a primary for state Assembly in 1998. Romero won, but when she moved up to the State Senate in 2001 (replacing Solis) Chu took over the Assembly seat. I think the race may depend on who else is in the field. If Gil Cedillo or one of the Calderon brothers decide to run, Chu may have an advantage as the only Asian candidate among a field of Latinos. Also, a lot may depend on whether or not Solis endorses. Union support will also be critical.

Chu was an professor for 13 years, and in the Assembly she sat on the Transportation Committee and the Health Committee. Her ratings in the Assembly from the major interest groups were all top-rate. It should be a spirited race, and I hope to hear Chu's stands on key national issues.

CA-32: Who Will Replace Solis?

Let's have a brief respite from the coming California apocalypse to try and figure out which politician will beat a fast retreat out of Sacramento and into DC to replace Hilda Solis in the Congress. There are actually some good progressive possibilities here, which one would hope considering that Solis was such a progressive leader. The CapAlert early line matched with my expectations.

Democratic state Sens. Gil Cedillo and Gloria Romero say they're exploring running for the East Los Angeles County congressional seat that's expected to be vacated by Rep. Hilda Solis, reportedly President-elect Barack Obama's pick for labor secretary.

While Cedillo was expressing his interest Thursday to reporters on the floor of the Senate, Romero wandered by and said she was "definitely" looking at jumping into the race.

Told that in addition to Cedillo, the Calderon brothers -- Assemblyman Charles and state Sen. Ron -- could be contenders, Romero declared, "I can beat them all" -- and walked off.

I like the confidence.

Both Cedillo or Romero would be great additions to the House. I would give Romero the edge because it's actually her district - Cedillo serves a contiguous district. Romero would be a rare voice for prison reform in Washington, and while her advocacy proved fruitless in Sacramento, ultimately she will be proven right if we see mass releases in the next few months, and having her on the national stage would be very helpful to the prison reform movement. For Cedillo it's the same, only on immigration reform. I would imagine that both of them would join the House Progressive Caucus.

As long as the Calderons stay out of this seat, I'd be happy.

Other contenders are the sitting Assemblymembers in the district, Ed Hernandez and Mike Eng, as well as state Board of Equalization chair Judy Chu, who in a twist is married to Mike Eng, which would make for an interesting primary. I think Chu is good in her position but I can't say I know much about her on other issues.

The last special Congressional election gave us Laura Richardson. Hopefully we'll do much better with this one.

Disassembling The Middle Class

Well, the President did not opt for the orderly collapse of the auto industry, finally understanding (and articulating) that no consumer would buy a car from a company in bankruptcy. Instead, he extended $17 billion in loans to the Big 3 automakers, in exchange for major concessions and restructuring.

The deal would extend $13.4 billion in loans to General Motors Corp. and Chrysler LLC in December and January, with another $4 billion likely available in February. It also would provide the government with non-voting warrants, although the exact amount was unclear immediately. Ford Motor Co. has said it doesn't need short-term assistance.

The deal is contingent on the companies' showing that they are financially viable by March 31. If they aren't, the loans will be called and all funds must be returned, officials said.

The deal generally tracks key provisions of the bailout legislation that nearly passed Congress earlier this month. But it is relatively lenient in allowing the companies to show their viability. It defines viability as having a positive net present value -- a way of gauging the companies' worth, taking into account all their future obligations.

The "car czar" who gets to determine the viability of the industry is Henry Paulson, for now, but the Obama Administration will get to pick their own official, and as the real decision comes in late March, that position will have more power.

However, what's not in the WSJ write-up, significantly, is that the Bush plan would mirror the Southern-state union-busting plan by significantly reducing American wages:

Targets: The terms and conditions established by Treasury will include additional targets that were the subject of Congressional negotiations but did not come to a vote, including:

• Reduce debts by 2/3 via a debt for equity exchange.
• Make one-half of VEBA payments in the form of stock.
• Eliminate the jobs bank. Work rules that are competitive with transplant auto manufacturers by 12/31/09.
• Wages that are competitive with those of transplant auto manufacturers by 12/31/09.

These terms and conditions would be non-binding in the sense that negotiations can deviate from the quantitative targets above, providing that the firm reports the reasons for these deviations and makes the business case to achieve long-term viability in spite of the deviations.

In addition, the firm will be required to conclude new agreements with its other major stakeholders, including dealers and suppliers, by March 31, 2009.

In other words, the UAW must take wages and work rules that are the same as non-union plants, and since "wages" include benefits and legacy costs, and the Big 3 have quite a bit more of those than their Japanese counterparts, this would depress wages FAR BELOW non-union plants. Marcy explains:

Remember, the measure the Republicans were using to measure "wages that are competitive with those of transplant auto manufacturers" was the lizard lie number--the $73/hour, the number that includes legacy costs, the payments to retiree pensions. Otherwise, there would be no reason to make this stipulation--because if you use the real wage number, and not the lizard lie number, American manufacturer wages are already competitive with the transplants!!

So what Bush is demanding is that the UAW lower wages plus pensions to the level of Japanese wages plus pension (though since they have very few retirees, their pension number is basically zero). Alternately, they could lower this number by basically picking the pocket of a bunch of seniors, by taking away pension money those seniors already earned while they were still working. But one or the other will have to happen.

Now, Bush did give the Obama Administration an escape hatch: the ability to deviate from the quantitative targets provided that the companies report why they did so.

But as written, Bush's last major act as President is to demand that workers for American-owned companies work for less than workers for foreign owned companies. American capitalism, at its finest.

Obama praised the decision to actually lend the auto companies money, and suggested that the automakers must not squander the chance to reform their businesses and get back to viability. If that's done entirely on the backs of American workers, however, I don't see the point. "Saving" the auto industry while providing worker wages that rival burger-flipping isn't going to help the economy even a little. We should be working to increase the purchasing power of the middle class, not to reduce it. This could be a situation in the Obama Administration where we will need a strong labor ally in the cabinet to make that case. Good thing we'll have Secretary of Labor Hilda Solis.

The Shining Solis In The Distance

Just because I don't want to give the impression that I'm unhappy about the Solis pick, though I think her skills would've been put to great use in the California governor's race and maybe saved the state, here's a great appreciation by Harold Meyerson, who has followed Solis' career for some time.

In 1996, when she was a back-bencher (and the first Latina) in the California State Senate, Hilda Solis did something that no other political figure I known of had done before, or has done since: She took money out of her own political account to fund a social justice campaign. Under California law, the state minimum wage is set by the gubernatorially-appointed Industrial Welfare Commission, and California’s governors for the preceding 14 years, Republicans George Deukmejian and Pete Wilson, hadn’t exactly appointed members inclined to raise that wage. So Solis dipped into her own campaign treasury and came up with the money to fund the signature-gatherers to put a minimum wage hike initiative on the California ballot. The signature gatherers gathered the signatures, the measure was placed on the ballot, it passed handily in the next election, and California’s low-wage janitors and gardeners and fry and taco cooks, and millions like them, got a significant raise.

While in the legislature, Solis also became the chief proponent in state government for the environmental justice movement that was bubbling up in various working-class communities around the state, steering to passage bills that reduced airborne carcinogens in industrial areas and that created parkland alongside the rivers that run through some of Los Angeles’ poorest neighborhoods. She took a leading role in promoting domestic violence awareness in the state’s communities of color.

And in 2000, she did something liberals always talk about doing and almost never do: she challenged an incumbent Democratic congressman with a piss-poor record in that Spring’s Democratic primary, and defeated him soundly. Marty Martinez, a 9-term incumbent seeking his 10th, had voted for NAFTA, opposed gun controls and abortion rights, and backed the extension of a freeway into a residential area -- managing to estrange labor, enviros, feminists and liberals of all descriptions. Still, Democrats virtually never run against incumbents, from the left or from anyplace. But Solis, with the encouragement of L.A. County AFL-CIO chieftain Miguel Contreras, did just that. She not only won, but defeated Matinez by a whopping 69 percent to 31 percent margin.

These are all the reasons I've found her California's most compelling politician. And there's also her unyielding advocacy for green jobs, a bill which she authored and passed (though it still hasn't been funded). She understands that the new economy will include the participation of a broad working class in good union jobs working for a new energy economy. What's not to like?