Category Archives: Individual Rights

No-one Should Be Forced to Join a Union Against Their Will…

seiu-protest-reuters-e1415042946858

From Reuters:

Wisconsin Senate approves right-to-work bill, sends to state Assembly

BY BRENDAN O’BRIEN

(Reuters) -

The Wisconsin Senate narrowly approved a “right-to-work” bill on Wednesday that would bar private-sector employees who work under union-negotiated contracts from being required to join their unions or pay them dues.

 

 

The bill, which would make Wisconsin the 25th U.S. state with a right-to-work law on the books, cleared the Republican-led Senate on a 17-15 vote following hours of debate marked by periodic angry shouts from opponents in the Senate gallery.

 

 

Supporters of organized labor chanted “Shame!” as the legislation was passed and sent for further consideration to the state Assembly, where Republicans also hold a majority.

 

 

One Republican senator, Jerry Petrowski, broke with his party and joined all 14 Democrats in the chamber in voting against the measure.

 

 

Wisconsin Governor Scott Walker, a possible Republican presidential hopeful, is expected to sign the bill if it reaches his desk.

Walker drew accolades from conservatives across the nation in 2011 when he ushered through legislation curtailing the powers of most public-sector unions in Wisconsin amid large protests at the state capitol in Madison.

 

 

Supporters of the right-to-work measure contend it could attract more businesses to the Midwestern state.

“I think this is something that is going to have a direct impact on the manufacturing sector in Wisconsin,” Senate Republican leader Scott Fitzgerald said after the vote.

 

 

Opponents cast the bill as an assault on organized labor and blue-collar workers that would limit union revenues.

“They are evaporating the middle class, and no one in this room seems to care,” Senator Dave Hansen, a Democrat, said during the floor debate.

So ignore the rather clearly biased language in the piece and video linked above, if you bother clicking through and reading it… If you’ve seen one piece about the subject, you’ve pretty much seen them all, and this one is no different.

Wisconsin is debating “Right to Work” legislation in house committee right now, after passing in the senate. A right to work measure (which may or may not be substantially identical to the one passed by the senate) is likely to pass the house as well, and governor (and likely Republican presidential candidate) Scott Walker is likely to sign it.

As per usual, leftists are up in arms about anything that might favor individuals over organized labor…”Anti-worker, anti-poor, anti-little guy, anti-union, destroying the middle class, 1% evil” etc… etc…

Bull

Can someone tell me how making it illegal to force someone who doesn’t want to join a union, to join a union… is anti-union?

That’s all “right to work” means… You can’t be forced to join a union if you don’t want to, and employers can’t be forced by the government to recognize or deal with a particular union if they don’t want to.

The “right to work”, is simply the right to freely associate and form contracts as we choose, which is supposed to be a right guaranteed us in this country (of course, so often it is not… but that’s another issue entirely).

Wait… What? Unions can force people to join who don’t want to?

Yes, they can, and they do.

Most people don’t know this, but in 26 states, unions are given special powers and privileges by the government, which you as in individual, or a private company or other organization would not have.

One of these, is that you can be forced to join a union against your will, if you want to get a job in a particular industry, or at a particular employer, or to keep your job at an employer after a union comes in.

Worse, in some states, you can opt out of the union, but even if you do, the union can still take dues straight out of your paycheck against your will, as if you were a member. They can also negotiate for you against your will, and set the terms and conditions under which you work, against your will.

Of course, since you aren’t a member, even though they’re taking your money and controlling your job, you don’t get to vote in the union, control its decisions in any way, or get any of the benefits of membership. The union gets your money, and all the benefit as if you were a member, without actually having to be accountable to you at all. And there’s nothing you can do or say about it.

Oh and the union can then do things like use that money to get politicians you oppose elected, get legislation you oppose passed, and change the terms and conditions of your employment against your will, without your approval or consent.

In those same 26 states (as well as federally in some cases), employers can be forced to recognize and negotiate with a union, even if they don’t want to. In fact, even if the union doesn’t actually represent their employees in some cases, or only 50.01% of their employees decide that a particular union will represent them.

“Right to Work”, is about ending some of those, frankly insane, conditions that unions operate under.

… Or at least that’s what it’s supposed to be about… It doesn’t always end up that way, because politics is what it is, so you have to be careful and pay attention to the details…

In “right to work” states, unions are still free to form, recruit members, and to collectively bargain in those members interests with employers. Workers are still free to join unions. Employers are still free to negotiate terms and contracts with the union, and if the employers don’t want to negotiate, unions are still free to use the power of their membership to make the employer negotiate through strikes, work stoppages and slow downs, and other organized labor actions.

The only difference, is that the union just can’t FORCE anyone to join the union, or force employers to negotiate with the union, or get the government to do it for them.

Why is this a bad thing?

It isn’t. Straight up, it isn’t.

It’s not bad for employees, it’s not bad for employers, it’s not actually bad for the unions if the unions are doing what they’re supposed to be doing, It’s not bad for consumers who consume the goods and services these employers provide.

In fact, in reducing union overreach to whatever extent it may (probably not too much, but one can hope), and in reducing the overall cost of doing business in the state of Wisconsin, it’s likely to benefit consumers with lower prices, and potentially with more business and more jobs in the state

This doesn’t always work out… It has generally done so in relatively business friendly states like Tennessee, North and South Carolina, Georgia, Alabama (I said relatively… relative to Illinois, New York, Wisconsin etc..). In those states, which are right to work, non union manufacturing has generally done well, in some cases even boomed. Not only that, but wages have substantially increased in those areas, not crashed as predicted by unions.

Right to work has not had as positive an impact in say, Indiana, or Michigan (yes, Michigan has been right to work since 2012… and yes, organized labor is still having a collective fit over that fact), which are comparatively less business friendly, higher tax, higher regulatory burden, and higher cost of living. In fact, mostly, companies have used the change in status to help them get rid of legacy contracts which were burdening their bottom lines, and then move to other states.

That however isn’t really the fault of right to work… it’s the decades of anti-business regulation and being forced to accept bad union contracts (and to be fair, decades of bad management as well).

Overall, right to work in and of itself is not a negative for anyone… well… except two groups.

The only parties it’s bad for, are union officials, and the politicians they’re in bed with). The officials depend on the politicians to pass legislation that favors the union officials, in exchange the politicians depend on the officials for large donations, and the use of their organization for street level politics (campaign volunteers, donor lists, call lists, phone rooms, rally fillers, doorbell ringers etc…). Without the forced membership and dues, the union officials don’t have as much money to donate to those politicians in exchange for favors, nor as many warm bodies to throw at their campaigns.

Also, if people can leave the union at will, it means that those officials have to watch their steps, and actually be accountable to union members…. Unfortunately something which has proven to rarely be the case today.

Leaving aside the corruption angle, and even the economics of it…

Does “right to work” reduce unions power? Potentially yes, if people don’t want to join, or want to quit the union.

However, I don’t see that as a bad thing. Why would that be a bad thing?

If people don’t want to be members of the union, why should the union get more power? Or any power at all?

Shouldn’t a union get it’s power from the strength of it’s membership, who support it, and in turn are supported by it? Shouldn’t a union attract and retain members because they are effective at doing so?

If they can’t do that… why should the union exist at all?

If they CAN do that, then why do they need the government to force people to join, and force companies to negotiate with them exclusively?

If the unions actually do what they’re supposed to do, and what they say they do… Why is this even an issue?

Right… thought so… 

Here’s the thing though… Even if it were a provable economic net negative, that actually did harm jobs and wages, and even if all of the horrible terrible no good very bad things unions and democrats claim of right to work were true…

…I would still be in favor of right to work.

Why?

It’s a question of individual rights

I generally favor right to work, because I’m in favor of fundamental individual rights, including, but definitely not limited to: freedom of conscience, freedom of association, freedom of self determination, the right to private property, the right to the fruits of ones labors, and the freedom to make contract as one sees fit.

I generally support right to work legislation, presuming that’s what it really is (as with all legislation, what it claims to be, is often nothing to do with what it is, so pay attention to the details), because no-one should be forced to join any organization against their will (even if it’s absolutely for their own good), and no organization should have the right to control others in the way unions do, without those persons consent (even if doing so is to those persons benefit). It really is that simple.

For that matter, in general, I oppose involuntary collectivism, and preventing involuntary collectivism is what “right to work” is supposed to be about.

I’m all for voluntary collectivism… absolutely 100%. If you agree and consent to be a part of a group, and to take action as part of that group, or be represented by that group, great. More power to you, and to them.

In fact, I’m all for unions. I think collective bargaining is a wonderful and powerful tool, and I wish more people across more industries and market segments would take advantage of it.

An aside… I’m not just blowing theoretical smoke here. I’ve got a personal stake in this, both as a matter of principal, and as a practical matter in my own profession.

The level of worker exploitation, and in general negative, harmful, and just plain stupid labor practices in information technology, my chosen profession, is absolutely despicable.

Employers routinely extract far more labor from employees than they are paying for, or than that is reasonable for employees quality of life or professional development; while at the same time deliberately suppressing those employees wages, and denying them opportunities for improvement or advancement.

… and we allow them to do this. We accept it, because we don’t believe we have the power to change it, or we feel too insecure to do so.

The only way these conditions are going to change, is if they obviously  and clearly no longer work to increase profits or improve stock prices.

Actually, it’s been repeatedly and conclusively proven they not only don’t help, but they substantially harm organizations, including their bottom lines… but execs still love them because the stock market loves them (That’s another issue entirely)

That being the case, the only way needed change is going to happen, is if enough of us in the profession stop accepting these conditions, and do something about them.

A company can’t be pumping its stock prices, if it doesn’t have anyone keeping it’s computers and networks operational…. or at least not for more than a few weeks. 

 

 

Stop working for companies that use these practices. Insist on being paid for our time. or in receiving compensatory time off. Report companies for labor law violations, and make sure the laws are properly and evenly applied, through the use of the media and political pressure (I think most labor laws are horrible and stupid and shouldn’t exist, but so long as they do, the greater tyranny is that they are applied capriciously and unevenly based on political whim, and lobbying).

Most importantly, as managers, leaders, and thought leaders in the industry, don’t allow and accept these practices in your own organization. When they pop up… and they will.. gather together, and pound them into the dust before they can take over.

One of the more effective ways we could do all of that, is with collective bargaining, and collective and consistent messaging to the media, and politicians (though sadly, I don’t think it’s likely to happen any time soon). Not necessarily a union, but some type of voluntary collective organization to increase our negotiation power and leverage, and help to prevent things like companies requiring hundreds of hours of uncompensated overtime.

If enough of  us act… whether collectively or as individuals, we can force changes. Without enough of us acting in concert, we can’t… And if we can’t, we’re left depending on the government to “fix” things… and you know how I feel about that. 

It’s when you take that choice away by force, that I have issues. Forced unionization is never OK… and that includes “democratic” forced unionization.

Just because you got a few dozen of your friends together and you all voted to give you the “right” to control everyone else, doesn’t actually give you the right to control everyone else. Even if there’s 50 million of you, and 1 of everyone else. Otherwise, there are no individual rights, only privileges and entitlements dispensed by the will of the majority. That’s no less tyranny than a dictatorship of one man… and in some ways is a greater one.

“Oh, but democracy is great. It’s the will of the majority, so you just have to go along”

Right… because giving more control over your life to everyone else is always a great idea, especially when jobs and money are at stake.

Giving your coworkers a vote on how much you can make, how much you can get paid per hour and how much of a raise you can get when, how many hours you can work, what tasks you can do, how you can do them, whether or not you can be promoted and when…

…Actually, often a veto, not just a vote…

And people like this idea why?

No thanks. Not up for that.

I have no problem with unions, in fact I think they’re great in theory, and I’d like to see a lot more of them, a lot more active, doing what they are supposed to be doing…

So long As:

1. Participation (including fees or dues) is voluntary
2. They are not given special privileges or powers over individuals or employers by the government
3. Individuals and employers are free to negotiate and form contracts outside the union
4. The union cannot set the wages, benefits, conditions and terms of employment, and working conditions; for individuals or employers, without their consent.

If they’ve got consent for collective representation of all the workers, and the employer agrees to the conditions and terms… GREAT. That’s what collective bargaining is for.

Otherwise, what gives you or anyone else, the right to determine those things for me, my employer, or anyone else?

Just because you and your friends voted on it?

I don’t think so, no.

 

I am a cynically romantic optimistic pessimist. I am neither liberal, nor conservative. I am a (somewhat disgruntled) muscular minarchist… something like a constructive anarchist.

Basically what that means, is that I believe, all things being equal, responsible adults should be able to do whatever the hell they want to do, so long as nobody’s getting hurt, who isn’t paying extra

Stop Calling Government Regulation of the Internet “Net Neutrality”

fcc-net-neutrality-voteImage from the FCC by way of Ars Technica

Stop using “net neutrality” to refer to government regulation of the internet.

That’s not what net neutrality is, and it’s certainly not what the government regulations promulgated by the FCC today are, in this case “Common Carrier” Rules.

People who don’t know any better are celebrating todays faux “net neutrality” FCC action as a victory for freedom and free speech on the internet, when in fact, it’s exactly the opposite.

I’ve written extensively about net neutrality and this is very much NOT it.

All the FCC has done today, is impose common carrier regulation on every ISP (oh and by the way, lots of other organizations as well who “provide internet access”. No-one has any idea how the regulations are going to be finalized, what the language will mean, who will be impacted and how… except everyone knows it’s going to cost a lot), instead of just the telephone companies it was already imposed on. Verizon for example, who was already one of the worst violators of net neutrality, even with common carrier regulation already in place for them.

Thus it makes competition and breaking of existing monopolies even harder, while not actually doing a damn thing to secure or improve neutrality… oh and it gives the FCC more control over the internet.

Absolutely none of those are good things.

Common carrier regulation is a big part of what made the current near monopolies on Internet access happen in the first place, because small independent companies, and even large regionals, couldn’t compete with the giant telcom conglomerates under those regulations. So, they all got swallowed up.

I’ve been working with telecommunications companies, and common carrier regulations, for more than 20 years. I’m an expert in governance and regulatory compliance, and I can tell you right now, NOBODY understands these regulations, because they are not capable of being understood.

These regulations and the rulings and case law associated with them go back to 1930s… and in some particulars all the way back to the 1870s. And of course, rather than replace them with something clear when they wanted to make new regulations, congress and the FCC just amended and added on and countermanded and…

I’ve flowcharted them before to try to see what applied how and where and when… the only thing I could come up with was “nobody knows for sure, it all depends what a regulator or judge says at the time”.

This wasn’t a blow for freedom and free speech… This was a giveaway to big corporate donors in the telecommunications industry.

The big telcos have been trying to get their primary competition, non-telco ISPs, burdened with the same regulatory load they labor under, for DECADES. Now, in one stroke, the FCC at the personal direction of the president, has given it to them.

Oh and guess what else common carrier regulation includes… SURVEILLANCE.

All common carriers are required to provide the government and law enforcement “reasonable access” for surveillance, as well as to give up records, usage details, and other subscriber and user data, WITHOUT A WARRANT.

What does “reasonable access” mean? Whatever the government says it means… and if you think I’m exaggerating, I’m not. I’ve dealt with the FBI on this issue, and that’s a direct quote.

Yes, this is not only a massive corporate crony handout, it’s also a huge gimme to the FBI and the NSA, who have wanted all ISPs stuck under common carrier for years as well.

Stop calling government regulation of the internet “net neutrality”. Letting the liars control the language helps them lie to you.

Net neutrality is not government regulation, and these regulations are certainly not net neutrality, nor anything like it. Don’t be taken in by fraud, cronyism, and statism, masquerading as freedom.

I am a cynically romantic optimistic pessimist. I am neither liberal, nor conservative. I am a (somewhat disgruntled) muscular minarchist… something like a constructive anarchist.

Basically what that means, is that I believe, all things being equal, responsible adults should be able to do whatever the hell they want to do, so long as nobody’s getting hurt, who isn’t paying extra

Sympathy for Paranoia

cat in the tin foil hat

The moon landing was faked by the U.S. government for propaganda purposes to win the Cold War. The terrorist attacks of 9/11 was actually an inside job as a pretext to go to war. Space aliens landed in Roswell, NM but the government has been covering it up. The Sandy Hook massacre was faked to increase support for new gun control laws; the “victims” were actually actors who are all alive and well today. The Illuminati is the secret entity which actually governs the whole world…

The natural response to these statements is to say “these people are mad barking moonbats” and to keep ourselves as distant as possible from the people making them. Those of us in the liberty movement who want to be taken seriously are very quick to renounce anyone who is within six degrees of Alex Jones or anyone else who states any of the above. It’s difficult enough to be taken seriously about legalizing drugs, the non-aggression principle, free markets, and freedom of association; the last thing we need is to be lumped in with “those people.”

While it is very important to defend the “brand” of the liberty movement, it’s also important to recognize the reasons why people believe some rather nutty things.

[W]hen I say virtually everyone is capable of paranoid thinking, I really do mean virtually everyone, including you, me, and the founding fathers. As the sixties scare about the radical Right demonstrates, it is even possible to be paranoid about paranoids. – Jesse Walker, The United States of Paranoia: A Conspiracy Theory, (p. 24) (Read my book review here)

Once one learns about some of the activities governments been proven to have been involved in, some conspiracy theories no longer seem as outlandish. I used to refer to conspiracy theories and wacky beliefs as “black helicopter” stories and I’m fairly certain that others used the same terminology. Once I learned that black unmarked helicopters were used in the assault by the FBI on the Branch Davidians in Waco, TX,(Napolitano, p.110) I stopped calling such ideas “black helicopter.”

Not everything that sounds crazy is.
» Read more

Rand Paul Sees Anti-Vax Fire, Adds Gasoline

needle

Does Doctor Rand Paul believe vaccines cause autism? Well, let’s see exactly what he said on the topic (video after the fold):

I’ve heard of many tragic cases of walking, talking, normal children who wound up with profound mental disorders after vaccines.

Really, Rand? You’ve heard of cases. Seems like you and my wife have something in common. As I like to say, I believe in evidence-based medicine, while she believes in anecdote-based medicine.

Of course, it’s not all that dangerous that my wife has this blind spot. She’s neither a doctor NOR a US Senator. You, however, should think before you open that hole on the front of your face and let words fall out. The world holds you to higher standard.

90% of your interview was extolling the virtues of vaccines. You make a great point about freedom. Vaccines ARE voluntary, which seemed to be a surprise to the anchor. We as parents must carefully weigh evidence and do what we believe is right for our children. I’ve argued as such here on this blog.

But this one sentence is going to be used as evidence that vaccines cause autism. Your position as a Senator and as a doctor are going to be used to give this idea credibility. Oh, and if you now come out and publicly try to distance yourself from this, the conspiracy-minded anti-vaxxers out there will view that as only damning you further.

And you base this on what? Anecdotes? Anecdotes from parents who are reeling from the emotional sting of realizing their perfect little child is facing a neurological disorder and the terror of what that will mean? Parents who wonder “why” life is unfair–and who is to blame? These parents are vulnerable, and some of the subcultures in the autism community will have them quickly believing that vaccines, antibiotics, and frankly anything sold by a pharmaceutical company is evil, and delivering them into the hands of pseudoscience hucksters selling hyperbaric oxygen treatments, chelation, and homeopathy as the solution. As the father of a child with autism, I’ve watched it happen. I don’t tend towards hyperbole in this area, but the behavior of many of these groups is remarkably cultlike.

I’m not sure what Sen. Paul truly believes as it relates to vaccines and autism. But he’s now entered the debate, and on the wrong side. He did so without evidence; merely anecdote.

I lost some respect for Rand Paul today.
» Read more

Georgia Legislature to Consider Modest Reforms for ‘No-Knock’ Raids

boubou3

On May 28th, 2014 around 3:00 a.m. in Habersham County, Georgia a SWAT team raided a house the police believed to be occupied by Wanis Thonetheva, an alleged drug dealer. In the chaos of the raid instead were four children and up to four adults. The youngest of the children, 19 month-old “Bou Bou” Phonesavanh was burned and permanently disfigured from a flash-bang grenade which set the play pen he was sleeping in ablaze.

No drugs or contraband of any kind was found in the home. Also absent from the residence was the man they were looking for.

Bou Bou was taken to Grady Memorial Hospital in Atlanta where he was put into a medically induced coma. Doctors were not sure if the toddler would ever wake up but fortunately, he did.

This is not by any means, the end of the Phonesavanh family’s problems with Bou Bou’s medical expenses around $1.6 million and surgeries into adulthood. These expenses, by the way, that will not be paid by the county or the departments responsible for severely injuring this child.

In the aftermath of this botched SWAT raid, several Georgia legislators are looking to reform the use of “no-knock” raids. Sen. Vincent Fort (D-Atlanta) introduced a bill he’s calling “Bou Bou’s Law” which would require a slightly higher standard for no-knock raids than required by SCOTUS. Bou Bou’s Law would require “the affidavit or testimony supporting such warrant establishes by probable cause that if an officer were to knock and announce identity and purpose before entry, such act of knocking and announcing would likely pose a significant and imminent danger to human life or imminent danger of evidence being destroyed.”

In the House, Rep. Kevin Tanner (R-Dawsonville) introduced a similar bill which would go even further by requiring that no-knock raids be conducted between the hours of 6 a.m. and 10 p.m. unless the judge issuing the warrant “expressly authorizes” another time. Tanner’s bill also requires that each department keep records of each raid which would be compiled with all the other records around the state into an annual report which would be sent to the Governor, Lieutenant Governor, and the Speaker of the House.

While these are laudable reforms which I would hope would pass any state legislature, these reforms do not go nearly far enough. Several of the articles I read in preparing this post had titles like “No Knock Warrants Could be a Thing of the Past.” In reading over these bills, I’m not quite that optimistic. As Jacob Sullum pointed out at Reason, its not at all clear that Bou Bou’s Law would have prevented the raid from happening. The police at the time thought their suspect was probably armed; it probably wouldn’t take much to convince a judge to issue the no-knock warrant.

As I took another look at Rep. Tanner’s bill, I saw no language that would restrict the hours of the standard knock and announce raids. His bill seems incredibly vague to my lay reading “all necessary and reasonable force may be used to effect an entry into any building or property or part thereof to execute such search warrant if, after verbal notice or an attempt in good faith to give verbal notice by the officer directed to execute the same of his or her authority and purpose”.

Its human nature to stretch and bend language in such a way that is favorable to one’s objectives. I can imagine the police “interpreting” this law to mean they could gently knock on the door at 3 a.m., speaking in a barely audible voice “Police, search warrant open up,” counting 1 Mississippi, 2 Mississippi, 3 Mississippi, CRASH!

There is some concern by those who think that even these modest reforms put the police in unnecessary danger – police lives matter. I’m of the opinion that ALL lives matter and propose some (admittedly) radical ideas as to how and when SWAT tactics and/or police searches should be used to protect the life and liberty of all concerned:

– If the reason for a surprise raid on a residence is that the evidence could be quickly flushed down a toilet or easily destroyed by other means, then this isn’t enough reason for such a raid in the first place. A couple of ounces of any drug flushed down a toilet is not sufficient reason to put the lives of those in the residence or the police at risk.

– SWAT should not be used at all unless its an active shooter situation, a hostage situation, or credible reason to believe there will be active, armed resistance to the search. Unless there is a very real clear and present danger, leave your military grade toys at the station.

– Each and every police officer involved in the search wears a camera (preferably on the head to have a true POV). All video from the search would be made available to the suspect’s defense attorney.

– The police departments involved are responsible for any and all “collateral damage” to life and property. In the event an innocent life is taken, the individual officer(s) responsible should be treated as anyone else who takes a life. Investigation/prosecution would be conducted by an independent investigators and prosecutors.

– Absolutely no raids or searches of any kind between 9 p.m. and 9 a.m. (though stakeouts and other activity which does not require interaction with the suspect(s) during these hours is permissible).

I’m sure that some if not all of these ideas are too radical for many lawmakers. If we really believe that “all lives matter”, however; these proposals should be thoughtfully considered.

If you would like to make a small donation to help pay Bou Bou’s medical expenses, go to this GoFundMe page which has raised nearly $43k so far.

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