In the wrangle over America's Fiscal Cliff, Barack Obama holds all the cards

There is no incentive for the Democrats to be conciliatory on the budget negotiations; nor, after the last few years of partisan bad feeling, will there be much inclination among them to do so.

As of now, it looks like the US will go off the so-called “fiscal cliff” tonight at midnight. Several days of extraordinary manoeuvring on and around Capitol Hill in Washington have so far resulted in no deal, and with one day left to galvanise America's behemoth political machinery the chances of one looks slimmer and slimmer.

This means that previously agreed measures (under a deal resolved with a kick-the-can-down-the-road Budgetary Control Act in 2011) will slot into place at midnight, removing a whole raft of tax breaks as well and making sadistically deep cuts to federal spending.

At a glance, it is hard to see why the Republicans are trying to make a deal at all. After all, weren't vicious spending cuts exactly what Romney and Ryan spent an election campaign demanding?

Part of the reason is, however, that the Republicans are afraid of public backlash. A recent Reuters/Ipsos poll found that almost twice as many people blamed the Congressional Republicans for the fiscal cliff than the President; a PEW/Washington Post poll from earlier this month said the same. If the country goes off the cliff, the mid-term elections are going to be very hard on the GOP.

Looked at in detail, going off the cliff looks very unpleasant indeed. Sure, it will cut 607 billion dollars from the national deficit – according to the nonpartisan Congressional Budget Office – but its effects on people directly are brutal. Tax breaks for parents will be halved and the Earned Income Tax Credit will go, affecting low and middle-income workers. A 2% payroll tax break for workers will vanish. Capital gains tax will increase, as well as the tax paid on dividends.

Dramatically, more than 40% of the five million people who have been unemployed for longer than six months will lose their unemployment benefits. There will also be cuts to tax credits for families paying college tuition. High-earning Americans won't escape bracing tax hikes either, especially those who earn more than a million dollars a year.

On top of that, all federal services, from roads to schools to homeland security – with a few exceptions including Medicaid and veterans benefits – face cuts, and perhaps redundancies. The defence budget in particular will be hit very hard, and of course that will have a knock-on effect on the vast number of tertiary industries employed by the Pentagon. All of this, experts agree, will hit the stock market hard, perhaps plunging the country back into recession.

Congress, like schoolchildren, have put off doing their homework until the very last minute, and Senators have been told not to make new years' eve plans. This is going right down to the wire: if a deal is going to be reached, it has to happen today.

It is very possible – almost probable – that America will go over the cliff; but – whisper it – it might not actually be so bad. Many of the harsher of these measures can and almost certainly will be reversed straight out of the gate; and the cuts in federal spending are due to be staggered over the course of the next decade. Obama has already stated that if the country goes off the cliff, then the Senate – controlled by Democrats – would act to pass emergency measures to prevent the loss of unemployment benefits and tax increases on lower-income families. In doing so, he would look like the hero. Certainly, there is no incentive for the Democrats to be conciliatory; nor, after the last few years of partisan bad feeling, will there be much inclination among them to do so.

Politically, Obama is holding most of the cards. The situation is lose-lose for the Republican party. If the country goes off the cliff, the House's Republican Speaker John Boehner and his party will probably be percieved as responsible for it – and are going to be forced into helping the Democrats clean up some of the mess. If it doesn't happen, the President is likely to get the credit. Boehner tried to re-cast this narrative with him as the problem solver with his alternative, the so-called “plan B” - but it was a flop, ridiculed by the Democrats and the media.

Now, he and his Congressional colleagues are scrabbling for anything they can to make the deal palatable to Republicans but still acceptable to the Democrats. They aren't being handed many scraps.

Barack Obama returns to Washington. Photo: Getty

Nicky Woolf is a writer for the Guardian based in the US. He tweets @NickyWoolf.

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There's nothing Luddite about banning zero-hours contracts

The TUC general secretary responds to the Taylor Review. 

Unions have been criticised over the past week for our lukewarm response to the Taylor Review. According to the report’s author we were wrong to expect “quick fixes”, when “gradual change” is the order of the day. “Why aren’t you celebrating the new ‘flexibility’ the gig economy has unleashed?” others have complained.

Our response to these arguments is clear. Unions are not Luddites, and we recognise that the world of work is changing. But to understand these changes, we need to recognise that we’ve seen shifts in the balance of power in the workplace that go well beyond the replacement of a paper schedule with an app.

Years of attacks on trade unions have reduced workers’ bargaining power. This is key to understanding today’s world of work. Economic theory says that the near full employment rates should enable workers to ask for higher pay – but we’re still in the middle of the longest pay squeeze for 150 years.

And while fears of mass unemployment didn’t materialise after the economic crisis, we saw working people increasingly forced to accept jobs with less security, be it zero-hours contracts, agency work, or low-paid self-employment.

The key test for us is not whether new laws respond to new technology. It’s whether they harness it to make the world of work better, and give working people the confidence they need to negotiate better rights.

Don’t get me wrong. Matthew Taylor’s review is not without merit. We support his call for the abolishment of the Swedish Derogation – a loophole that has allowed employers to get away with paying agency workers less, even when they are doing the same job as their permanent colleagues.

Guaranteeing all workers the right to sick pay would make a real difference, as would asking employers to pay a higher rate for non-contracted hours. Payment for when shifts are cancelled at the last minute, as is now increasingly the case in the United States, was a key ask in our submission to the review.

But where the report falls short is not taking power seriously. 

The proposed new "dependent contractor status" carries real risks of downgrading people’s ability to receive a fair day’s pay for a fair day’s work. Here new technology isn’t creating new risks – it’s exacerbating old ones that we have fought to eradicate.

It’s no surprise that we are nervous about the return of "piece rates" or payment for tasks completed, rather than hours worked. Our experience of these has been in sectors like contract cleaning and hotels, where they’re used to set unreasonable targets, and drive down pay. Forgive us for being sceptical about Uber’s record of following the letter of the law.

Taylor’s proposals on zero-hours contracts also miss the point. Those on zero hours contracts – working in low paid sectors like hospitality, caring, and retail - are dependent on their boss for the hours they need to pay their bills. A "right to request" guaranteed hours from an exploitative boss is no right at all for many workers. Those in insecure jobs are in constant fear of having their hours cut if they speak up at work. Will the "right to request" really change this?

Tilting the balance of power back towards workers is what the trade union movement exists for. But it’s also vital to delivering the better productivity and growth Britain so sorely needs.

There is plenty of evidence from across the UK and the wider world that workplaces with good terms and conditions, pay and worker voice are more productive. That’s why the OECD (hardly a left-wing mouth piece) has called for a new debate about how collective bargaining can deliver more equality, more inclusion and better jobs all round.

We know as a union movement that we have to up our game. And part of that thinking must include how trade unions can take advantage of new technologies to organise workers.

We are ready for this challenge. Our role isn’t to stop changes in technology. It’s to make sure technology is used to make working people’s lives better, and to make sure any gains are fairly shared.

Frances O'Grady is the General Secretary of the TUC.