Rule of law

Monthly Labor Review, May, 2004 by Michael Wald

A Strike Like No Other Strike: Law & Resistance during the Pittston Coal Strike of 1989-1990. By Richard Brisbin, Jr. Baltimore, MD, The Johns Hopkins University Press, 2002, 350 pp., $44.95/hardback.

The history of coal mining is written in books, songs, and oral histories. A Strike Like No Other Strike focuses on the 1989-1990 Pittston Coal Strike, but it isn't meant to simply add another chapter to a normative history of coal mining in America. Instead, Richard Brisbin, Jr. looks at how American faith in the "rule of law" affected the players in this battle.

Historically, as unions evolved, they saw the law as a counterweight to mitigate managements' control of the work environment. The National Industrial Recovery Act (NIRA), the Bituminous Coal Code, National Labor Relations Board, the Wagner Act, and other Federal actions created a framework for union activity that offered legal remedies to address workers' grievances. Brisbin writes that these activities resulted in a set of institutions and laws that constituted a legal complex that can be seen in the 1950 accord between the United Mine Workers of America (UMWA) and the Bituminous Coal Operators Association (BCOA). The situation changed in the 1970s as the economics of coal became less favorable for BOCA members and the Reagan administration signaled a change in labor policy, resulting in BCOA seeking changes to the 1950 accord. Brisbin's contention is that the resulting 1984 A.T. Massey strike set the stage for actions occurring in the later Pittston strike.

Comprising the balance of the book, the Pittston strike can be seen as a series of dramas on both sides. Leaders of the UMWA used words and images to define their objectives within the confines of existing law. On the other side, Pittston understood very well the legal remedies open to them and chose to exploit those legalities. As strikers increasingly turned to extralegal means out of frustration with the duration of the strike, Pittston turned to the courts for relief in the use of injunctions and large fines against the union. The two sides grew farther apart from each other, both in their rhetoric and their view of the world.

Despite instances of violence during the strike, ultimately the UMWA and Pittston settled their dispute with a contract, essentially returning to a legal means to end the conflict. Unfortunately, the conflict was not only costly, but also brought few lasting benefits to the miners, many of whom later lost their jobs as work shifted to nonunion mines both in the East and in the West. In the end, neither staying within the law nor breaking its boundaries could bring the justice and fairness sought by strikers for themselves and their families. Legalisms shaped the conflict, but faith in Be rule of law proved no match to political power and economic forces.

A Strike Like No Other Strike gives fascinating insights for those involved in directing collective bargaining activities, both as managers and union activists. It is written using theoretical concepts more at home in academia than on the picket line, although one can occasionally hear the voice of the actual strikers who question the legalistic philosophy espoused by their leaders. With its emphasis on situational analysis, professors, labor lawyers, managers, and union activists will find this book more compelling than rank-and-file workers.

--Michael Wald

Bureau of Labor Statistics, Atlanta region