November 27, 2000
Rapid Rudy Redux: He Targets Unions for His Final Year
by Josh
Benson
Mayor Rudolph
Giuliani, standing before a lectern at Gracie Mansion on Nov. 21,
had just finished entertaining the press corps with warm tales about
a bygone Subway Series when a reporter injected a sour note into
the otherwise warm proceedings. The teachers' union, the reporter
said, had just assailed him for not hiring enough security guards
for schools, a decision that the union blamed for a sexual attack
the day before on a helpless child.
Before the
reporter had finished her question, the Mayor had cut her off with
a taut shake of the head. "Oh, stop negotiating the contract,"
Mr. Giuliani snapped. "It's a shame to use anything like that
to try to negotiate a contract.."
Mr. Giuliani,
a man much given to imagining himself in grand operatic roles, has
struggled to stand quietly in the wings in recent weeks while two
political dramas unfolded-neither of which featured him in a starring
role. But now that the New York Senate race has been resolved, and
the Presidential contest has devolved into an impenetrable legal
struggle, Mr. Giuliani has quickly brought his personal drama back
to City Hall.
He has revived
his assault on low-level offenders. He has shrugged off the onerous
burden of his new image as a softer, gentler Mayor made reflective
by his bout with prostate cancer. But most important, he has hit
upon the theme that he hopes will define the closing act of his
Mayoralty. He is seeking a final, sweeping ideological victory over
the city's historically powerful unions-beginning with that favorite
villain of conservative politicians, the teachers' union. In recent
days, Mr. Giuliani has launched one broadside after another at the
United Federation of Teachers, which is seeking a raise, depicting
the teachers as unworthy layabouts and threatening to jail the union's
head, Randi Weingarten.
Mr. Giuliani
is assailing the unions as if blissfully aware of certain realities.
The Mayor is a lame duck. The city's municipal unions are feeling
emboldened of late, having run enormously successful get-out-the-vote
efforts on Election Day for the Democrats. Flush economic times
usually translate into bargaining leverage for union negotiators.
The unions, who got badly trounced in the last round of negotiations
four years ago, are in a position of unusual strength this time.
If the unions are unhappy with the deal offered by Mr. Giuliani,
they simply can wait until his successor ascends the steps of City
Hall.
But Mr. Giuliani
has a plan. Even as he very publicly battles the teachers' union,
the city is quietly pursuing a divide-and-conquer strategy by opening
a series of behind-the-scenes negotiations with Paddy Lynch, the
young and energetic Ed Burns look-alike who heads the Patrolmen's
Benevolent Association.
According to
P.B.A. sources, a negotiating team from the P.B.A. has had seven
private meetings with administration officials, the most recent
on Nov. 16. The sources say that they are nearing a contract, pending
the city's presentation of wage numbers.
Such an outcome
would be a coup for the Mayor. The idea is this: If the Mayor can
come to a quick agreement with the police, all the other unions
will fall like so many dominoes. Under pattern bargaining, the city
uses the terms of the first contract as a basis for negotiating
all the others. Which means that Mr. Giuliani will have set the
stage for dictating the terms of negotiation with other, more stubborn
unions. The Mayor will have prevented the police union from going
to state-run arbitration, a process that is thought to be far more
generous with wages than the city-run arbitration board that governs
non-uniformed public unions.
The negotiating
sessions have take place alternately at P.B.A. headquarters and
the city's Office of Labor Relations, with Ed Koch's union-smashing
former labor negotiator, Bob Linn, heading the P.B.A. bargaining
team.
(Mr. Lynch
recently offered testament to Mr. Lynn's negotiating skills: "He
may be a prick, but now he's our prick.")
There are several
reasons for Mr. Lynch to deal now. To begin with, he is under tremendous
pressure from the members who elected him to improve upon the infamously
skimpy contract signed by Mr. Lynch's predecessors-a contract that
was instantly termed "Zeroes for Heroes." That pact has
now expired, though its terms will remain in effect until a new
one is signed. Mr. Lynch and his allies also have cast their lot
with Republicans to an extent far greater than any other major municipal
union. For example, the P.B.A. was the first and biggest union to
endorse Rick Lazio for U.S. Senate. This makes the prospect of dealing
with a new, Democratic Mayor considerably less attractive.
The P.B.A.
sources contend that a deal may be within reach because, unlike
the teachers, there are few major philosophical differences with
their city counterparts across the table. "The only thing we
have in common with the teachers and a lot of these other unions
is low pay," said one source. "We just had the biggest
crime drop ever, and no problems like they have with kids' reading
scores, so no one is talking about our productivity. It's all about
wages and benefits."
Battle
Lines Drawn
Even as Mr.
Giuliani quietly pursues a resolution with police, he is laying
out stark ideological battle lines in his ongoing clashes with teachers.
Teachers have long been a favorite target of conservative thinkers,
who blame them and their unions for the decline in public education.
Now Mr. Giuliani is following that playbook-his rhetoric has been
bolder and more doctrinaire than in the past, hewing closer to movement-conservative
ideology on educational reform-at a moment when his conservative
bona fides are increasingly uncertain.
"What
I fear is that the Mayor is more committed to finding alternatives
to public education than to making sure that it works in the city
of New York for all children," said Ms. Weingarten.
Mr. Giuliani,
for instance, turned his back on the U.F.T.'s initial declaration
of their readiness to negotiate on Sept. 9, waiting until Nov. 16-and
a teacher protest-to set a date for further negotiations. Speaking
at a town hall meeting at Intermediate School 61 in Queens on Nov.
16, the Mayor told an audience of restive teachers that they, perhaps
more than most other municipal workers, would need to increase their
"productivity" significantly if they expected any raise.
And he offered gratuitous insults, too: "You're all supposed
to be intellectuals, rather than yellers and screamers. Think a
little!"
Elsewhere,
Mr. Giuliani has said he is specifically seeking longer working
hours and, more controversially, individual "merit pay"
pegged to student performance per classroom. Tony Coles, a senior
advisor to the Mayor, has gone so far as to deny what is perhaps
the main strength of the U.F.T.'s argument: that there is a massive
teacher shortage that has led to overcrowded classrooms. (Perhaps
not coincidentally, the conservative think tank Manhattan Institute
recently published an article in its City Journal titled "The
Vanishing Teacher and other U.F.T. Fictions.")
Of course,
it remains to be seen whether City Hall really wants to reach an
accord with the teachers. In the past, union leaders say, Mr. Giuliani
has opened negotiations with inflammatory assaults on his union
foes, only to have surrogates do a little quiet behind-the-scenes
outreach. Not this time. Ms. Weingarten has yet to have a private
conversation with Mr. Coles, the Mayoral adviser who has taken the
lead on negotiations.
"They're
not trying to back-channel with us," Ms. Weingarten said, sounding
a bit puzzled. "I would hope that they're trying to back-channel
with some unions."
Meanwhile,
other unions are monitoring the battle between City Hall and the
teachers-and many of them are concluding that Mr. Giuliani has no
real interest in reaching an accord anytime soon. Assemblyman Brian
McLaughlin, who is also the head of the 1.5-million-member Central
Labor Council, put it this way: "It's malfeasance, in a way-the
teachers want to talk about meaningful ideas, and they get deafening
silence from the city." He added, "Merit pay and testing
children to determine pay is the most ludicrous idea that I've ever
heard."
Not, however,
to some of the more conservative voters who swell the ranks of the
electorate outside New York City.
"If [Mr.
Giuliani] runs for anything ever again, unless it's Mayor of New
York, he's going to be faced with a far more conservative electorate
than the one he's enjoyed success with," noted Democratic political
consultant Evan Stavisky. "He's already tough on crime, but
he's also pro-choice, pro-immigration and he has a reasonably good
relationship with gays and lesbians. Labor relations is one of the
few areas where he can actually maneuver to the right, and he'll
be seen as leaving the city in good financial shape."
Added Fred
Siegel, a senior fellow at the Progressive Policy Institute: "If
he holds out against the teachers and then a new Mayor comes in
and makes considerable concessions that he wouldn't have made, he's
got an issue for the Governor's race in 2002. If he gets a contract,
then he has an issue there, too."

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