8 Frederick Rose, Prospects Dim for Workfare, a Study Shows, Wall Street Journal, May 27, 1997 at A9A.

29 David Firestone, Workfare Cuts Costs but Tracking New Jobs Poses Problems, The N.Y. Times, September 9, 1996, Section B, Page 1, Column 2.

30 David Firestone, Praising the Wonders of Workfare, Giuliani Finds a Campaign Theme, N.Y. Times, March 20, 1997 at B3.

31 David Firestone, Praising the Wonders of Workfare, Giuliani Finds a Campaign Theme, N.Y. Times, March 20, 1997 at B3.

32 David Firestone, Praising the Wonders of Workfare, Giuliani Finds a Campaign Theme, N.Y. Times, March 20, 1997 at B3.

33 Rochelle Sharpe, Work Week: Welfare to Work, Wall Street Journal, January 21, 1997, A1.

34 Jason DePark, A Sharp Decrease In Welfare Cases Is Gathering Speed, N.Y. Times, February 2, 1997, A1, A18.

35 Robert D. Hershey, Jr., U.S. Jobless Rate Declines to 4.8%, Lowest Since 1973, N.Y. Times, June 7, 1997 at 1.

36 4,000 of 35,000 workfare workers in New York City have signed authorization cards with the Association

of Community Organizations for Reform Now (ACORN), with 15,000 - 20,000 more projected. Joe Sexton, Discontented Workfare Laborers Murmur ëUnion' N.Y. Times, B1; David Gonzalez, Acorn Yearns to Grow Tall, Via Workfare, N.Y. Times, January 11, 1997, at B1. Many workfare recipients believe that their working situation would improve if they could organize. Julia Campbell, Anger in Workfare Ranks,

N.Y. Times, June 1, 1997 at 15. Among their complaints are that they don't have proper equipment to perform their duties, they are often threatened by supervisors of losing their benefits and they don't receive training that will lead to better jobs. ACORN, a nonprofit community activist group, is leading the initiative to coordinate programs for workfare recipients to bargain with employers. ACORN has already gathered 11,000 signatures of workfare recipients, purportedly authorizing ACORN to speak on their behalf. Id. In addition, the AFL-CIO may begin to ally with the community organizers to help secure welfare workers more permanent governmental jobs, while also protecting the current employment opportunities of unionized municipal employees. Leslie Kaufman, Welfare's Labor Pains, Newsweek, March 31, 1997 at 39.

37 Joel M. Poch, Workfare: An Analysis of a Doomed Elixir, New York State Bar Journal, March/April 43 (1997). 38 See Louis Uchitelle, Welfare Recipients Taking Jobs Often Held by the Working Poor, N.Y. Times, April 1, 1997 at Al. For example, a welfare recipient was recruited to work at a hospital in New Jersey without pay,

while a full time salaried employee for 27 years was limited to part time work at half the pay.

39 There are a series of cases already filed in New York by unions seeking protection against displacement challenging the expansion of Workfare into areas of work exclusively and traditionally performed by union employees. See Joel M. Poch, Workfare: An Analysis of a Doomed Elixir, New York State Bar Journal, March, April 44-6 (1997); See Matter of Danker v. Department of Health of City of New York, 266 N.Y. 365 (1935); Matter of Ballentine v. Sugarman, 74 Misc. 2d 278 (aff'd sub nom Gotbaum v. Lindsay, 43

A.D. 2d 815, motion to dismiss app. Granted 34 N.Y. 2d 667); AFSCME N.Y. Council 66, AFL-CIO v. County of Niagara, 98 A.D. 2d 970; AFSCME N.Y. Council 66, AFL-CIO v. City of Lackawanna, et., 476

N.Y.S. 2d 666 (Supreme Court, Appellate Division, Fourth Department, May 26, 1984. Id.

40 Federal News 545-546. Clinton stated that the welfare rolls had been reduced by 20%, or 2.8 million people, during his first term. He expects similar results in his second term by creating entry-level jobs in the Commerce Department, the Defense Department, the Department of Veteran Affairs, and the Social Security Administration. A study from the Council of Economic Advisors suggested that more than 40% of the drop in welfare was attributable to the improvement in the economy, while about 30% was due to specific welfare reform efforts. (Irvin Molotsky, President Says the Government Will Hire 10,000 Off Welfare.)

41 David Osborne, Reinventing Government (1991).

42 Paulette Thomas, A Special News Report About Life on the Job and Trends Taking Shape There, Wall Street Journal, May 28, 1996, A1.

43 Louis Uchitelle, More Downsized Workers Are Returning As Rentals, N.Y. Times, Dec. 8, 1996, A1, 34 (“That contract workers are widely used is well known…as many as one-fifth of them, probably more than a million…have returned to their old companies, many after having been pushed off payrolls or lured off with lucrative buyouts…The Labor Department recently produced the first major statistical evidence of people cycling back to their old employers as contract workers. Its report found that among five million contingent workers, 17 percent of a representative sample surveyed in 1995 said they had a ‘previous different relationship' with the companies that now, in effect, rent them…Similarly, the American Management Association, in a survey of 720 companies that recently shed workers, found that 30 percent had brought back downsized employees, on contract or as rehired employees.”)

44 N.Y. Times, May 18, 1997 at E16. See also, Jason De Parle, Cutting Welfare Rolls But Raising Questions,

N.Y. Times, May 5, 1997, at A1. Milwaukee has adopted the strict rules envisioned by the federal welfare law by attempting to divert new applicants from the rolls, requiring recipients to work 35 hours a week for their benefits, and cutting welfare checks by $4.25 for every hour of work missed. This system has resulted in caseloads shrinking by 25% last year, and each month 1,800 people leave the rolls. bout 12,000 of the city's 26,000 welfare families are now enrolled in the work program.

45 William P. Quigley, Work or Starve: Regulation of the Poor in Colonial America, 31 University of San Francisco L. Rev. 35 (1996).

46 The new laws provide block grants to states to replace entitlements to individuals. States are required to spend set amounts in order to keep this aid. Work requirements are to be strictly enforced at the expense of having benefits cut. States are free to set eligibility and benefit levels and there is no minimum amount of benefits to be granted. States may even choose whether to offer cash or other types of assistance.

47 Peter Edelman, The Worst Thing Bill Clinton Has Done, Atlantic Monthly, March 49 (1997). Federal funding will stay the same for six years and there will be no adjustments for inflation or population growth. Id. At 50. The Congressional Budget Office estimates that the bill falls $12 billion short of providing enough funding for six years to meet work requirements. Id.

48 Russ Buettner, MTA Workfare Deal Illegal, Critics Say, N.Y. Times, September 22, 1996, page 42.

49 Richard Perez-Pena, Transit Union Agrees to Allow Workfare Plan, N.Y. Times, September 19, 1996, Section A, Page 1, Column 2.

50 Steven Greenhouse, N.Y. Union Leader Urges Holt to Broadening Workfare, N.Y. Times, September 23, 1996, A1.

51 Steven Greenhouse, N.Y. Union Leader Urges Holt to Braodening Workfare, N.Y. Times, September 23, 1996, A1.

52 David Firestone, Labor Leader Drops Demand on Workfare, N.Y. Times, September 28, 1996, Section, page 26, column 5; Steven Greenhouse, New York Union Leader Urges Halt to Broadening Workfare, N.Y. Times, September 23, 1996, A1.

53 See, David L. Gregory, Catholic Labor Theory and the Transformation of Work, 45 Washington and Lee Rev. 119 (1988); Dorothy Day's Lessons for the Transformation of Work, 14 Hofstra Labor Law 57 (1996); David L. Gregory and Charles J. Russo, Overcoming NLRB v. Yeshiva University By the Implementation of Catholic Labor Theory, “ 41 Labor Law Journal 55 (1990); David L. Gregory, The Right to Unionize As A Fundamental Human And Civil Right, 9 Mississippi College L. Rev. 135 (1988).

54 See, POPE LEO XIII, RERUM NOVARUM (THE CONDITION OF LABOR) (1891); POPE PIUS XI, QUADREGESIMO ANNO (FORTY YEARS) (1931); POPE PIUS XII, SERTUM LAET IT AE (CROWN OF JOY) (1939); POPE JOHN XXIII, MATER ET MAGISTRA (MOTHER AND TEACHER) (1961); SECOND VATICAN COUNCIL, GAUDIUM ET SPES (PASTORAL CONSTITUTION ON THE CHURCH IN THE MODERN WORLD) (1965); POPE PAUL VI, POPULORUM PROGRESSIO (1967); POPE PAUL VI,

OCTOGESIMA ADVENIENS (A CALL TO ACTION); (1971) POPE JOHN PAUL II, LABOREM EXERCENS (ON HUMAN WORK) (1981); POPE JOHN PAUL II, SOLICITUDO REI SOCIALIS (1987); POPE JOHN PAUL II, CENTESIMUS ANNUS (ON THE HUNDREDTH ANNIVERSARY OF RERUM NOVARUM) (1991). SEE, GREGORY BAUM, THE PRIORITY OF LABOR (1982); GEORGE G. HIGGINS, ORGANIZED LABOR AND THE CHURCH: REFLECTIONS OF A “LABOR PRIEST” (1993). CO-CREATION AND CAPITALISM: JOHN PAUL II'S LABOREM EXERCENS (JOHN W. HOUCK AND OLIVER F. WILLIAMS, EDS.) (1983); CATHOLIC SOCIAL THOUGHT: THE DOCUMENTARY HERITAGE (DAVID J. O'BRIEN AND THOMAS SHANNON, EDS.) (1992). CATHOLIC SOCIAL TEACHING IS AN EVOLVING BODY OF ECCLESIASTICAL DOCUMENTS AND A RICH TRADITION OF PARTICULAR, HETEROGENEOUS APPLICATIONS. POPE JOHN PAUL II WASA POWERFUL CHAMPION OF THE SOLIDARITY MOVEMENT, ALABOR UNION POLITICAL INITIATIVE WHICH BROUGHT DOWN THE COMMUNIST GOVERNMENT OF POLAND. THE CANADIAN AND UNITED STATES BISHOPS ALSO HAVE BEEN ELOQUENT SPOKESPERSONS FOR THE RIGHTS OF WORKERS. U.S. NATIONAL CONFERENCE OF CATHOLIC BISHOPS PASTORAL LETTER ECONOMIC JUSTICE FOR ALL (1986); CATHOLIC FRAMEWORK FOR ECONOMIC LIFE (1996). The most influential early work on Catholic social teaching on labor in the United States was that of Monsignor John A. Ryan, one of Monsignor George Higgins' intellectual entors at the Catholic University of America. See, JOHN A. RYAN, A LIVING WAGE (1906); DISTRIBUTIVE JUSTICE (1916). I extensively discuss Catholic social teaching on labor in David L. Gregory, Catholic Labor Theory and the Transformation of Work, 45 WASH. AND LEE L. REV. 119 (1987); David L. Gregory, Dorothy Day's Lessons for the Transformation of Work, 14 Hofstra Labor L. 57 (1996). David L. Gregory, The Right to Unionize as a Fundamental Human and Civil Right, 9 MISS. COLL. L. REV. 119 (1988). David L. Gregory and Charles J. Russo, Overcoming NLRB v. Yeshiva University by the Implementation of Catholic Labor Theory, 41 Labor L. J. 55 (1990). Catholic social teaching on the rights of workers became popularized in the Academy-Award winning film, ONTHE WATERFRONT (1953), inspired by Jesuit priest John “Pete” Corridan's work against labor racketeering on the New York City shipping docks. The Nobel Peace Price for 1996 was awarded to Catholic Bishop Carlos Beli, the apostolic administrator of Dili, the Capital of East Tinor, for his social justice advocacy for the persecuted populations of Indonesia.

55 David L. Gregory, Dorothy Day's Lessons for the Transformation of Work, 14 Hofstra Labor L. J. 57 (1996). 56 David L. Gregory, The Discernment of Vocation in Law, 66 Fordham L. Rev. (1425, 1998). 57 See, David L. Gregory, The Right to Unionize as a Fundamental Human and Civil Right, 9 Miss. Coll. L.

Rev. 135 (1988). 58 29 U.S.C. 152 (11) 59 NLRB v. Bell Aerospace Co., 416 U.S. 267 (1974) (managers are not “employees” protected by the NLRA);

NLRB v. Yeshiva Univ., 444 U.S. 672 (1980) (university faculty are supervisors or managers, and thus not

“employees” protected by the NLRA). 60 29 U.S.C. 152 (3). 61 Pope Leo XIII, RERUM NOVARUM (ON THE CONDITION OF LABOR) 36 (1891). 62 Pope Pius XI, QUADRAGESIMO ANNO (AFTER FORTY YEARS) 31-33 (1931). 63 Pope John XXIII, MATER ET MAGISTRA (MOTHER AND TEACHER: CHRISTIANITY AND SOCIAL PROGRESS”) 31-33

(1961). 64 Second Vatican Council, GAUDIUM ET SPES (PASTORAL CONSTITUTION ON THE CHURCH IN THE MODERN WORLD)

68 (1965). 65 Pope Paul VI, OCTOGESIMA ADVENIENS (A CALL TO ACTION) 14 (1971). 66 Pope John Paul II, LABOREM EXERCENS (ON HUMAN WORK) 20 (1981). 67 NATIONAL CONFERENCE OF CATHOLIC BISHOPS, ECONOMIC JUSTICE FOR ALL 104 (1986). 68 Pope John Paul II, CENTESIMUS ANNUS (ONTHE HUNDREDTH ANNIVERSARY OF RERUM NOVARUM)7-8 (1991). 69 Robert A. Rosenblatt, Survey Finds Sharp Rise in Working Poor Salaries: The Number of Full Time

Workers Who Earn Less Than a Living Wage rose from 12% to 18% in 13 years, The Los Angeles Times,

March 31, 1994, at 1. 70 Paul Winslow, Missouri Must Raise the Minimum Wage, St. Louis Dispatch, August 21, 1996, at 6B. 71 Justice Solomon of the New York State Supreme Court ruled that New York City must base pay on what

the City pays a regular worker for similar tasks. Steven Greenhouse, Judge Rejects a Formula for Benefits in Workfare, N.Y. Times, May 13, 1997 at B3. This swill mean the city will have to reduce the number of hours each welfare recipient has to work in order to avoid higher costs. An advantage to the workers besides higher wages is that they can spend more time in education and training programs which will help them to move off welfare. An advantage to the city is that it will be able to employ more people by spreading the work around. This decision also pleases union leaders who are afraid that cheap labor will replace them.

72 U.S. Department of Labor Guidance, BNA Daily Labor Reptr. May 29, 1997 (“Federal employmen laws…apply to welfare recipients as they apply to other workers. The new welfare law does not exempt welfare recipients from these laws.”) Robert G.O.P. in House Moves to Bar Minimum Wage for Workfare,

N.Y. Times, June 12, 1997 at A18. 73 Jason DeParle, White House Calls for Minimum Wage in Workfare Plan, N.Y. Times, May 16, 1997 at A1. 74 See, e.g., Leo XIII, Rerum Novarum (1891) (“Wages ought not to be insufficient to support a frugal and

well-behaved earner. If through necessity or fear of a worse evil the workman accepts harder conditions because an employer contractor will afford no better, he is made the victim of force and injustice…. Wages must be sufficient to enable him to maintain himself, his wife, and his children in reasonable comfort.”); Pius XI, Quadragesimo Anno (1931) (“It violates right order…whenever capital so employees the working or wage-earning classes as to divert business and economic activity entirely to its own arbitrary will and advantage without any regard to the human dignity of the workers, the social character of economic life, social justice and the common good… Wealth, therefore, which is constantly being augmented by social and economic progress, must be so distributed among the various individuals and classes of society, that the needs of all of which Leo XIII spoke, be thereby satisfied.”); John XXII, Mater Et Magistra (1961) (“The remuneration of work is not something that can be left to laws of the market; nor ought it to be fixed arbitrarily. It must be determined in accordance with justice and equity; which means that workers must be paid a wage which allows them to live a truly human life and to fulfill their obligations in a worthy manner. To raise or to lower wages unduly, with a view to private advantage, and with no consideration for the common good, is therefore contrary to social justice.”); Paul VI, Populorium Progressio (1967) (“It is unfortunate…a system has been constructed with considers profit as the key motive for economic progress, competition as the supreme law of economics, and private ownership of the means of production as an absolute right that has no limits and caries no corresponding social obligation. This unchecked liberalism leads to dictatorship rightly denounced by Pius XI as producing ëthe international imperialism of money.' One cannot condemn such abuses too strongly…”); Paul VI, Octogesima Adveniens (1971) (“Every man has the right to work, to a chance to develop his qualities and his personality in the exercises of his profession, to equitable remuneration which will enable him and his family ëto lead a worthy life on the material, social, cultural and spiritual level,' and to assistance in the case of need arising from sickness or age.”); John Paul II, Centesimus Annus (1991) (“Profit is a regulator of the life of a business, but it is not the only one; other human and moral factors must also be considered which in the long term are at lease equally important for the life of a business.”).

75 Robert Al. Sirico, The Bishops' Big Economic Tent, Wall Street Journal. December 10, 1996, A22.

76 For an excellent essay summarizing Papal encyclicals on the just, living wage, see, James K. Fizpatrick, The Dilemma of Catholic Corporate Executives, New Oxford Review (December, 1996).

77 United States National Conference of Catholic Bishops, Economic Justice For All (104) (1986).

78 United States National Conference of Catholic Bishops, Catholic Framework for Economic Life (1996).

79 E. Assata Wright, Waging Battle for a Decent Pay: Watered Down, The Living Wage Bill Will Probably Pass, The Village Voice, June 18, 1996, at 10. The Federal Davis-Beacon Act, CITE, requires construction contractors to pay their workers prevailing wages which match union pay levels. Id.

80 The Bill requires paying unarmed security guards $7.25 an hour, food service workers $9.00, temporary workers $11.25, and janitors $14.00 an hour. Mohamad Bassi, Living Wage Bill Gains in Council, Newsday, June 7, 1996, at A06.

81 E. Assata Wright, Waging Battle for a Decent Pay: Watered Down, The Living Wage Bill Will Probably Pass, The Village Voice, June 18, 1996, at 10.

82 Vivian Toy, Guiliani Vetoes a Bill to Make City Contractors Raise Wages, The New York Times, August 8, 1996, at B2.

83 For additional discussion of the living wage initiative, see, John Sweeney, America Needs A Raise 136 (presenting overview of organized labor, AFL-CIO, initiatives for a just, living wage, considerably beyond the current federal minimum wage.)

84 In 1996, Milwaukee, Wisconsin's City Council passed a living wage ordinance, paying employees of city contractors $6.05 per hour. Vikki Ortiz, Gail Pery-Daniels, Living Wage Effort Gets Push at Town Hall Parley here, THE CAPITAL TIMES, October 4, 1996, at A1. In April, 1997, the Los Angeles City Council voted to override Mayor Richard Riordan's earlier veto of that City's living wage ordinance, and now requiring those employers who contract with Los Angeles for the City's business to pay to at least $7.50 per hour to approximately 7,500 affected workers. In addition, the affected workers will receive medical coverage, or an additional $1.25 per hour to enable the worker to afford minimal medical coverage in the market. Matthew Miller, Wages of Politics, NEW REPUBLIC 12, February 10, In Massachusetts, the state legislature likewise overrode then-Governor Weld's veto, to require a minimum living wage of $5.25 per hour, slightly above the federal minimum wage of $5.15 per hour. The coalition of community and labor activists in Boston continue to call for a living wage of at least $7.50 per hour, to be paid to the employees of any contractors holding contracts of $10,000 or more with the City of Boston. Ted Bunker, Activists Call for a Living Wage, BOSTON HERALD, September 3, 1996, at 20; Jane Slaughter, Working for a Living Wage, 60 THE PROGRESSIVE, April, 1996, at 16. There are similar initiatives underway in Chicago, Houston, New Orleans, Denver, and Madison, Wisconsin. See above citations, and also see, Neal Pierce, Minimum Wage Push: Cities, States, Not Waiting for the Feds, 19 NATION'S CITIES WEEKLY June 17, 1996, at 7; Johathan Kerr, Missouri: Minimum Wage, Park Tax Head ballot Issues, West's Legal News, September 13, 1996.

85 See Christopher Georges, GOP Drive to Deny Workfare Benefits Sputters in States, Wall Street Journal, October 7, 1997. A24. And U.S. Dol Guidance, Daily Labor Reptr. BNA, May 29, 1997.

86 Comprehensive Employment and Training Act (CETA) workers, P.L. 93-203 (1973), were included in the same bargaining units as non-CETA employees. Mon Valley United Health Services, 238 NLRB 916 (1978); Evergreen Legal Services, 246 NLRB 964 (1979).