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Thursday, December 20, 2012 - 3:59pmSanction this postReply
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If I were an employer, I would want all of my employees - certainly the permanent workers - to be members of the company union, just like at Rearden Steel. In 24 states, I do not have that right. So-called "right to work" laws infringe on the freedom of contract as surely as did the NLRA. The prosperity in "right to work" states versus union states just underscores the fact that fascism is less bad for business than is socialism.


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Post 1

Thursday, December 20, 2012 - 5:11pmSanction this postReply
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Michael,

Saying you would want all of your employees to be members of a union, is your right... your right to make what I see as a foolish statement, and your right, in a free country, to INSIST that employees must be members of the union to work there. This is because in a free country you, as the owner, and the employees, would have the right to make that kind of contract.

But that isn't the arrangement in states without right to work laws. In those states, the government permits a third party, the union, to force the employees to join, and forces the business owner to tolerate this. The employer is denied any right to say who he employs, and the workers are denied any right to contract with the employer on their own, or through an agent of their choice.

In California, when I worked for Los Angeles County's Department of Family and Children's Services I was forced to join SEIU and to pay their dues. I made no agreement with this organization, but I had to pay the dues, and put up with whatever they negotiated.

The prosperity in the right to work states is due to the increase in freedom - that's not fascism.

Maybe you didn't read Ed's article. He wrote, "By empowering labor unions the government did away with the old common law rules of contract, property, and tort that applied equally to all involved parties. They were replaced with a coercive legal framework designed to help labor union leaders attain their goals."

All of these laws that give special legal status to unions should be done away with. Then an employee could choose from any one of many different unions to represent them and the employer would be free to work with that union or not. The result would be an efficient market place that gave the best rate for a given job. Giving monoply power to unions just generates unnecessary unemployment, ugly class warfare tactics so beloved by socialists, and continues the myths unions continue to push.

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Saturday, December 22, 2012 - 11:18pmSanction this postReply
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A clearer example of 'forced association' is hard to dream up.

But my understanding of free association is, as an employer offering jobs, Michael would be free to contract only with the union if that was his choice as employer; when a worker negotiates with an employer directly for work, if the employer offers terms as 'must join the union', then those are his terms. Michael might be out on a lonely limb with that policy, but that should be his right under free association. Workers seeking employment by others under laws based on free association should not be able to dictate employers terms, and vice versa. If they do not reach agreement, then no employment, and each party is responsible for his own terms and failure to reach agreement.


The RTW laws, I thought, gave workers a right to negotiate directly with employers without being forced to negotiate only through unions independently of the wishes of either the worker or employer. I doubt if a RTW law forces an employer -not- to require approach through a union. If that is how they are written, they are another form of forced association.

The other aspect of these laws is 'Prevailing Wage', which encumbers contracts with third party negotiated union wage rates, even by non-union labor. Such laws resulted in the spectacle of the State of California refusing federal funds for the new Oakland bridge so they could award a 7Billion contract to a Chinese firm and laborers. That is because accepting the federal funding exposed California to Prevailing Wage laws...and the 7B bridge would be a 21B bridge or whatever.

That wasn't US companies sending jobs overseas because of f'd up US laws, that was the State of California sending jobs overseas because of f'd up US laws-- political payoffs to unions.



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Saturday, December 22, 2012 - 11:30pmSanction this postReply
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RTW laws prohibit such requirements from being in any agreements between unions and employers; those are unrelated third party agreements according to the RTW laws.

They don't, as far as I can tell, prohibit an employer from making that a part of his terms independent from any contractual agreement with a union.

"Sure, you can have a job here. My terms are, you must agree to join the union. That isn't a requirement of any third party negotiated union contract, because the RTW law prohibits such third party agreements affecting your and my negotiation; it is however part of my terms for offering you employment."

Feel free, Michael. That is the point.

And, nobody is seriously worried about the widespread appearance of such requirements; a worker is free to decline and try a competitor if so inclined.



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Friday, December 28, 2012 - 11:08amSanction this postReply
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Relevant Trivia:
41% of government workers are in a public sector union -- an entity which can and will argue to 'fleece' the taxpayer in order to reap unearned, involuntary and non-consentualized (e.g., a unilateral shakedown) rewards.

Ed


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