>>> john.halle at yale.edu 06/05/01 09:38PM >>>
>
> Date: Tue, 05 Jun 2001 17:41:54 -0400
> From: "Charles Brown" <CharlesB at CNCL.ci.detroit.mi.us>
> Subject: RE: Santa Monica OKs 'Living Wage' Law
>
>
> . . . Final question: what are the specific legal barriers which prevent
> municipalities from exercising control over private sector wages and how
> did Santa Monica get around these? John
>
> mbs: you'll have to ask a lawyer. State law in general, I guess,
> since local govs are creatures of the States.
>
> ((((((((
>
> CB: Agree with mbs. As Max says, LW ordinances regulate wages on
> contracts with the municipality only. The contract is voided if the
> company doesn't comply. So, they are bound by their agreeing in
> contract.
>
Thanks Charles. But this means that all municipalities have the power to pass LW laws except in those cases directly prevented from doing so by state law.
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CB: Pretty much
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This raises the question-in those localities where they were not prevented from doing so what justification could there be for not going beyond imposing them on public sector contractors and passing more comprehensive ordinances like that in Santa Monica?
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CB: Oh, I missed that. Does Santa Monica's ( New Haven's) ordinance claim to regulate employment contracts that do not involve the City of Santa Monica at all ? Living Wage is usually that a company that has a contract with the municipality must pay living wage to workers who work on that contract with the municipality.
>
> Michigan, rightwing dominated legislature has been considering
> outlawing LW ordinances after Detroit passed one by ballot initiative.
> This was delayed when they started to consider outlawing prevailing
> wage ordinances too (!) ( negative dialectics).
>
I suppose a reconsideration of slavery is the next step in this progression.
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CB: Hey, these guys rolled back the law so that eleven year olds can be tried as adults in felonies. We are decaying in Michigan.
((((((((
>
> The importance of LW is that it is one of the most
> active, ongoing, local, labor-oriented struggles
> in the U.S., outside of union organizing proper.
> Anybody can play, so the results are going to
> be imperfect and diverse. But it is something
> to build on, for those into local labor-focused
> organizing outside of the Democratic party orbit.
>
> ((((((((((
>
> CB: Agree with Max.
>
So do I. The important larger point is that local government has considerable unexercised power to address the conditions documented by Ehrenreich as is being discussed in another thread. Furthermore, given the miserably low turnout for local elections-often less than 25%, local government is ripe for the taking by minimally well organized political This begs the question why aren't we getting off our asses?
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CB: I like the spirit of this, though the letter of the law we just discussed - state law is very controlling, home rule is a bit fake. There is the possibility that my experience is skewed by the fact that majority Black Detroit may be subordinated politically to Lansing more than is the norm around the country.
Certainly most of my own practice is exactly in municipal government. So I coincidently I am living up to the standards you enunciate here. Of course , I am a bit jaded exactly from getting my ass kicked so bad by the local bourgeoisie, but the struggle continues; all power to the People.
There is a Coalition for the Political Resurrection of Detroit active this year in the Detroit City election, but it is not at the level of electability yet.
On the other hand, there have been a lot of grassroots activists elected to Mayor and City Council here over the years, and somehow this does not impact the control by the bourgeoisie. ( Ours include General Motors, Ford and Chrysler; I am looking at GM world headquarters out my office window) I once proposed aiming for ongoing mass control through continuous initiative, referenda and recall campaigns, but to really do that would require, none other than, state law changes, because the jurisdiction of mass initiatives, referenda are very limited.
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Incidentally, somewhere or other Adolph Reed made the point recently that local goverment is where the left should be directing our energies taking as its model the religous right which was about as marginal a generation ago as the left is now. I will note here, for what it's worth, that phone calls attempting to enlist Mr. Reed in our local party building go unreturned.