U of M Law School: Most Important Civil Rights Case in the Last Fifty Years

Help AFSCME Make Civil Rights History!

 

There are times in history when decisive action makes the difference. We are at such a moment. We have the opportunity at this convention to put AFSCME’s power into action and win.

 

If AFSCME mobilizes for a march on Washington, D.C. to coincide with the Supreme Court hearing and circulates the petition supporting this case, we can win the fight for affirmative action at the Supreme Court, and move forward to a more integrated, equal and democratic society.

 

An inadequate response could mean defeat, an emboldened right-wing, more cuts in public services and jobs, more attacks on union rights, more sexism, and the virtual re-segregation of our society. The right-wing is already linking their assault on affirmative action to their campaigns against seniority and union representation rights.

 

On May 14, 2002, a stunning victory was won for civil rights. The 6^th Circuit Court of Appeals ruled that the University of Michigan Law School could continue to use affirmative action, the only effective program for desegregation in higher education, in admissions. This case, along with one involving U of M’s undergraduate admissions, is heading to the Supreme Court, where the fate of affirmative action and other measures for equality and integration will be determined. This is the 21^st century’s Brown v. Board of Education.

 

The stakes are high. Before affirmative action, U of M’s Law School graduated a total of 0 Latinos, 0 Native Americans, 0 Asian-Americans, and only 9 black students between 1960 and 1969! After affirmative action was banned in California, only 2 black women graduated out of a class of 400 at UCLA Law School in 2002!

 

The lawsuits against U of M’s affirmative action were brought by the right-wing Center for Individual Rights, which has launched legal challenges to affirmative action in higher education across the country. They were successful in every case where students and unions did not mobilize. But in the U of M case two things were different. First, students won independent defendant status. In the Law School case this gave them the chance to present the most comprehensive defense of affirmative action, integration and equality in the history of the U.S. courts. They presented witnesses ranging from black students from Detroit, to professors from prominent universities, including the eminent black historian, John Hope Franklin.

 

More importantly, they built a new civil rights movement. They organized teach-ins, packed the courtrooms with young people, organized thousands to march on the 6^th Circuit Court in Cincinnati, and presented the court with 50,000 signatures on petitions backing affirmative action. This provided the pressure necessary for a 5-4 victory at the 6^th Circuit. Two of these new leaders are guests of Local 207 at this convention! Meet with them and Local 207 at the Super 8 Motel (2 blocks southeast of Bally’s), 4250 Koval Lane, Rm. 1104, Tuesday, at 6 pm. Let’s work together to defend affirmative action, integration and equality.

 

But students need help to win again when the Supreme Court hears these cases within the next eighteen months. AFSCME and other unions must take decisive action now to assure victory.

 

The diversity of this convention is due in large part to affirmative action programs in public employment for women and minorities. Our enemies fear such integration and the power of unity.

 

All of AFSCME’s struggles are linked to this fight. Minorities and women are disproportionably affected by the cutbacks in state and local budgets, both in jobs and services. Much of our growth must come from the recruitment of blacks, Latinos and women. If we are asking them to sign up for AFSCME, we must be able to say that we are fighting for their rights now. The youth who depend on affirmative action to give them the opportunity to live up to their potential are forming their opinions of unions now. These are our children and grand children. This is our opportunity to take the lead and win their trust.

 

 

 

 

 

 

 

Support the Following Amendments and Resolutions:

 

AN AMENDMENT TO IMMEDIATELY INSTALL ELECTED OFFICERS

(Amendment # 6)

 

AFSCME members have access to an extensive appeal process if they question the results of local union elections. Unfortunately incumbents who are voted out can use this process to remain in office by refusing to install the newly elected officers until this lengthy appeal procedure is exhausted, which can take over two years. In Michigan Council 25 this misuse of the protest procedure was used in Locals 2920 and 1640, and attempted in 207. Delegates may know of other instances. This injustice must be addressed at this convention. AFSCME’s reputation is at stake.

 

This amendment would require that elected officers be installed immediately, leaving intact the entire appeal process for anyone who wishes to protest an election.

 

 

AN AMENDMENT ESTABLISHING A HARDSHIP EXEMPTION FROM DUES INCREASES AND DUES ADJUSTMENTS

(Amendment # 5)

 

Under the pressure of government budget cutbacks, some AFSCME members are being forced to work without yearly wage increases. Already many locals are nearly insolvent. This reduces AFSCME’s ability to serve the members at the local level. This is the level to which the members relate, the level over which they have the most control, and the level at which they judge AFSCME.

 

This amendment would grant an exemption from any increase in dues to any group of members who have not seen a raise in the last two years.

 

 

OPPOSING “TAKEOVER” OF PUBLIC SCHOOLS

(Resolution # 69)

 

Across the nation, urban, black and minority public school districts are having control taken away from school boards elected by the communities that they serve, and placed in the hands of state officials or mayors. Cleveland, Chicago, Detroit, Philadelphia and New York are being disenfranchised, while the mostly white suburbs of these cities continue to elect their own school boards. These takeovers are ostensibly to “help inner-city kids.” But in fact they are covers for union busting, privatization (including many AFSCME jobs), and further degradation of our urban school, which are already “separate and unequal.”

 

Theses appointed school boards do not improve education. Urban students are still subjected to inferior education, larger classes, older books and equipment, and prison-like conditions. But without the right to elect (and un-elect) their school boards, parents can’t apply pressure to the appointed school boards, which are invariably dominated by representatives of corporations who have no sense of responsibility or accountability to the communities.

 

This is blatant racism and a violation of the Voting Rights Act. It takes away the right of specifically black and minority communities to elect their own school officials, and subjects black and minority students to permanently inferior education. These takeovers are occurring along side the racist and sexist attacks on affirmative action in higher education. They are part of a right-wing attempt to re-segregate society, starting with education, which has been the historic focal point for civil rights since before the Civil War.

 

These takeovers have been endorsed by both Republican and Democratic Party politicians. To defeat these undemocratic, racist and anti-union policies AFSCME must build alliances independent of the Democrats and Republican Parties, especially with the black communities and teachers’ unions, and take united action.

 

 

Other Resolutions to Support:

 

SUPPORT OF PALESTINIAN LABOR AND HUMAN RIGHTS (Resolution # 46)

 

JUSTICE AND FREEDOM FOR MUMIA (Resolution # 63)

 

AGAINST THE WAR, ATTACKS ON CIVIL LIBERTIES AND CUTS IN PUBLIC SERVICES

(Resolution # 65)

 

DEFENDING CIVIL AND UNION RIGHTS (Resolution #79)

 

INDEPENDENT POLITICAL ACTION TO DEFEND OUR JOBS AND SERVICES (Resolution # 84)

 

CIVIL RIGHTS (Resolution # 86)