Category Archives: Unions

Don’t Bother with the Fine Print, Just Pass the Bill

The title of this post ought to be a red flag no matter who the president is or what your political persuasion. President Obama is demanding that congress pass his “American Jobs Act” in front of supportive crowds of people who I am sure have taken the time to read the whole bill and understand its contents. This bill should be passed “immediately” and with “No games, no politics, no delays,” so sayeth our dear leader.

I can’t help but think of another piece of legislation that had to be passed “immediately” and “without delay” nearly ten years ago in the aftermath of the terrorist attacks of 9/11. The piece of legislation I am referring to of course was the USA PATRIOT Act. I mean what’s not to like? The bill has the words “USA” and “PATRIOT” in them and would make our country safer because the law would give law enforcement the tools needed to fight terrorism.

One of the tools the PATRIOT Act (Sec 213), a.k.a. “sneak and peek” provided law enforcement the ability to delay notification of search warrants of someone suspected of a “criminal offense.” Between 2006 and 2009, this provision must have been used many hundreds or thousands of times against suspected terrorists, right? Try 15 times. This same provision was used 122 in fraud cases and 1,618 times in drug related cases.

Is this what supporters of the PATRIOT Act had in mind when most of them didn’t even read the bill?

So we’ve been down this road before – pass a bill with a name that no one would be comfortable voting against. To vote against the PATRIOT Act might suggest to voters that you are somehow unpatriotic as voting against Obama’s jobs bill will undoubtedly be used in campaign ads to say opponents are “obstructionists” or are not willing to “put politics aside” in order to “put Americans back to work.” And don’t even get me started on all the bad laws that have been passed using names of dead children.

But who is really playing political games here? I think the answer quite clearly is President Obama in this case. He knows damn well that if the economy is still in the shape it is come Election Day he has very little chance of winning a second term unless he can find some way to successfully pin the blame his political opponents. He knows that raising taxes is a nonstarter for Republicans – particularly Tea Party Republicans. There may be some good things in his bill that should be passed (the Devil is in the details of course) that Republicans can support but if it’s all or nothing, the answer will be nothing.

President Obama is counting on the nothing so he can say it’s the House Republicans’ fault that the economy hasn’t recovered. This class warfare rhetoric plays very well on college campuses and union rallies. The worst thing that could happen from Obama’s perspective is if the Republicans call his bluff, pass the bill, and the bill fails to provide the results he claims his bill will achieve (though as a political calculation, it may be a wash as Tea Party voters in-particular would not be pleased either).

The worst thing the congress could do for this economy would be to pass this bill as hastily as the PATRIOT Act was a decade ago. The best thing congress could do is for its members to actually read the bill and have a rational discussion* and debate it line by line. Whether Obama’s intentions are for good or ill, there will be seen and unforeseen consequences if the bill does pass. A top down approach (as I think this bill is) is rarely if ever a good recipe for an economy. No one is smart enough to plan the economy, not even the brain trust of the Obama administration (this should be obvious by now).

Just because the president says his bill will create jobs doesn’t make it so.
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Kevin Drum’s Guest Bloggers Upholding The [ahem] Fine Standards He Has Created There

Kevin Drum is on vacation this week. While I thought that might leave me without boneheaded material to criticize, I’m afraid he’s found guest bloggers as credible and clueless as himself. Today we have Andy Kroll, who wants to delve into meta-debates about rights and entitlements with Wisconsin Gov. Scott Walker:

But the statement that really jumped out from Walker’s interview is his own perception of the bargaining fight:

“They defined it as a rights issue. It’s not a rights issue. It’s an expensive entitlement.”

What’s his first step to show how wrong Walker is? Well, he skips right to the United Nations, a body whose Declaration of Human Rights clearly states that you can use your rights as long as you don’t do so in a way “contrary to the purposes and principles of the United Nations” (Art. 29, Sec 3). He starts there and follows on with a lot of other legally-created privileges that he calls rights:

Hmm. I’m pretty sure the Universal Declaration of Human Rights, passed by the UN after World War II (and drafted and adopted by the US), says that collective bargaining is in fact a human right. Oh, yes, there it is, in Article 23 of the Universal Declaration:

4. Everyone has the right to form and to join trade unions for the protection of his interests.

Then there’s the National Labor Relations Act (NLRA) here in the US, which “explicitly grants employees the right to collectively bargain and join trade unions,” according to the scholars at Cornell University Law School. Or as the National Labor Relations Board’s website puts it, the NLRA “protects employees’ rights to act together, with or without a union, to improve working terms and conditions, including wages and benefits.”

All of this analysis has one critical flaw: it doesn’t properly recognize that there are multiple kinds of rights, and that a right which the government shall not deny is, well, slightly different than one that it grants. I left the below in a comment to that Kroll’s post at the original site:

Are you even familiar with the distinction between “negative rights” and “positive rights”?

Negative rights are rights that you have unless someone else infringes upon them. You have a right to life, but not to force others to produce the food and shelter you need to live. You have the right to freedom of speech, but not the right to force anyone to listen (or, in the case of blogging, to force a blog to print your comments to a post). A right to healthcare or education — if you define it as me not being stopped by government or highway robbers from freely purchasing health or education services on an open market from a willing seller — is a negative right.

Positive rights are rights that require someone else to procure them to you. A right to healthcare — if you assume that those who can’t afford care should be covered by “society” — is a positive right. A right to an education — if you assume it should be paid for by government taxes — is a positive right. A right to food — if you define it as foodstamps for the indigent — is a positive right. *ALL* positive rights can be described as “entitlements”, as they’re what we as a society might define all people are entitled to be provided to them if they cannot do it themselves.

A “right” to organizing a union is a positive right (inasmuch as it restricts and employer’s ability to fire people for trying to exercise it). If we so choose, in our democratic society, that people should be allowed to unionize to counterbalance what may be perceived as in unfair labor advantage to the employer, we can call it a “right” all we want, but it’s a positive right, not a negative right. As such, calling it an “expensive entitlement” doesn’t seem all that out of the ordinary. I don’t see any real disconnect in what Walker said.

Now, I was a bit unclear in that final paragraph. What I intended to say was this: The right to form a union is a negative right. It is inherent in the right to freedom of association. The right to collective bargaining is a negative right. It is inherent in the right to freedom of speech. As you point out (and as I intended to), it becomes a positive right when we write laws or regulations forcing businesses to the other side of the table. Forcing an employer to actually deal with them on those collective terms is the “entitlement” of that positive right.

Andy Kroll waded into deep water here, and it’s clear he didn’t want to recognize that. It’s also potentially true that Gov. Walker did the same — the original linked article doesn’t make clear whether Walker’s statement about entitlement had deeper context. Kroll is trying to use one line from an already snipped interview to make Gov. Walker sound like a simpleton who doesn’t understand the nature of rights. In doing so, Kroll only proves that to be the case about himself.

Auto Bailout; Can’t Prove A Counterfactual, But You Can Infer

So the big debate is whether the gov’t should sell their post-IPO shares in GM. At current prices, they’d [unsurprisingly] be losing money on the sale, compared to the amount put up in the bailout.

So we have to ask — was it worth it? To determine that, we can’t base our entire calculation on the return of the bailout. A bailout is offered with the expectation that you might not get *any* return — you bail to prevent the craft from sinking; anything else is gravy. So to determine the worth of the bailout, we have to ask what would have happened in the absence of a bailout. Thankfully, the Center for Automotive Research released their prediction back in 2008:

Researchers at the Center for Automotive Research (CAR) in Ann Arbor, Michigan, estimate the impact on the U.S. economy would be substantial were all—or even half—of the three Detroit-based automotive manufacturers’ U.S. facilities to cease operations. The immediate shock to the economy would be felt well beyond the Detroit Three companies, negatively impacting the U.S. operations of international manufacturers and suppliers as well. Nearly 3 million jobs would be lost in the first year if there is a 100 percent reduction in Detroit Three U.S. operations.

“Our model estimates that a complete shutdown of Detroit Three U.S. production would have a major impact on the U.S. economy in terms of lost wages, reductions in social security receipts, personal income taxes paid, and an increase in transfer payments,” said Sean McAlinden, CAR chief economist and the study’s leader. “The government stands to lose on the level of $60 billion in the first year alone, and the three year total is well over $156 billion.”

Yikes! Sounds bad!

But would the automakers “cease operations”? Would they disappear into an economic black hole, never to be seen again, with only confused and unemployed UAW workers left behind like the un-Raptured masses?

Or would they, as Warren of Coyote Blog suggested way back when, be freed from working for an unproductive corporate environment and re-deployed in ways that their contributions will actually generate value?

So what if GM dies? Letting the GM’s of the world die is one of the best possible things we can do for our economy and the wealth of our nation. Assuming GM’s DNA has a less than one multiplier, then releasing GM’s assets from GM’s control actually increases value. Talented engineers, after some admittedly painful personal dislocation, find jobs designing things people want and value. Their output has more value, which in the long run helps everyone, including themselves.

I can’t find the specific post, but he has another where he suggests that if GM were even to face liquidation, it would not entail the loss of GM’s assets, much of its workforce, or its supply chain. The failure of GM [or Chrysler] would be painful, but fundamentally going through a serious bankruptcy [and/or liquidation] would free GM from its worst corporate problems, possibly returning them to a point where they actually generated value from their operations rather than losses.

Liquidation, of course, is the worst-case scenario. And there were plenty of folks suggesting that liquidation was impossible in the 2008-2010 era, because credit markets had seized and there was NO way anyone in the world would have the capital to buy up assets. But is it true?

Nope. Not at all. You need look no farther than Nortel. Nortel was a MAJOR telecommunications company, existing in one form or another since the late 1800’s, back in the days of the first telephone. It was built into an absolutely enormous conglomerate during the technology boom of the 1990’s, but like many companies in that sector, fell on hard times after the tech crash. They fought through bailouts in 2003 and 2009, but ultimately they declared bankruptcy right in the heart of the credit crunch, hoped to escape intact, but eventually had to go through liquidation. Between then and today, Nortel has basically ceased to exist. A look at the Wikipedia page for the liquidation results suggests that seized credit markets didn’t exactly stop them from finding buyers for their assets.

As an engineer who has dealt with what used to be Nortel and is now a collection of disparate companies that have purchased their assets, I can attest that Nortel has not “ceased operations”. That’s not to say that the changes over the last few years have been pain-free. There has been dislocation, there have been layoffs, and from my discussions with former Nortel employees as well as being a supplier, many things have changed. Fundamentally, though, Nortel’s business units are still in operations under different names. Many Nortel engineers are still employed within the same organization, only with a different letterhead on their business card. And as a supplier, I can say that the disruptions at Nortel have not put all of their suppliers out of business. Being a supplier has become more difficult in many ways — largely because the companies that bought Nortel units are run more efficiently than Nortel was, and this means that supplier competition is tougher — but that is fundamentally a good thing.

Would the experience of Nortel be the same as a potential GM or Chrysler bankruptcy? Obviously, it’s impossible to prove a counterfactual. But that also doesn’t mean that we should accept the claim that bailouts “saved the US auto industry” at face value. Had GM or Chrysler gone bankrupt, it’s likely that their various brands would have been picked up on the open market at various discount rates. Some might have been purchased for their own brand value, others might be purchased to use their factories and design engineers to produce vehicles under different nameplates.

One thinks, then, that the fear was not that the American auto industry would evaporate. The fear, instead, was that the psychological pride of having the “Big Three” would disappear. They didn’t care about jobs, they cared that Americans might be employed working for Toyota rather than for GM. It was nationalism, not economics, that drove decisions. As a result, the US taxpayer is going to prop up a manufacturer with a history of failure and little incentive to change (since one bailout can easily become two or three) solely in order to be able to say that GM still exists. You didn’t save an industry, America. You saved your ego.
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Overheated Rhetoric or Terroristic Threats?

Just about this time a month ago, Tea Partiers and those of us who support things like cutting spending were accused of using “overheated rhetoric” in the immediate aftermath of the attempted assassination of Congresswoman Gabriel Giffords among others. Sarah Palin was blamed by Leftwing pundits for inspiring the gunman because she had “crosshairs” on a campaign map which included Giffords’ district in Tucson, AZ. Remember that?

Now fast forward to the public sector union protests in Wisconsin which overwhelmingly supports Democrats. I think Andrew Klavan of Pajamasmedia captures the violence and overheated rhetoric by these union members quite nicely in this video.

Remember, these are some of the very people who lectured Sarah Palin and the Tea Party just a month ago.

It gets better.

Republican Senators in Wisconsin have also started receiving death threats for daring to stand up against the union thugs. The following is one such e-mail:

Please put your things in order because you will be killed and your familes will also be killed due to your actions in the last 8 weeks. Please explain to them that this is because if we get rid of you and your families then it will save the rights of 300,000 people and also be able to close the deficit that you have created. I hope you have a good time in hell. Read below for
more information on possible scenarios in which you will die.

WE want to make this perfectly clear. Because of your actions today and in the past couple of weeks I and the group of people that are working with me have decided that we’ve had enough. We feel that you and the people that support the dictator have to die. We have tried many other ways of dealing with your corruption but you have taken things too far and we will not stand for it any longer. So, this is how it’s going to happen: I as well as many
others know where you and your family live, it’s a matter of public records. We have all planned to assult you by arriving at your house and putting a nice little bullet in your head. However, we decided that we wouldn’t leave it there. We also have decided that this may not be enough to send the message to you since you are so “high” on Koch and have decided that you are now going to single handedly make this a dictatorship instead of a demorcratic process. So we have also built several bombs that we have placed in various locations around the areas in which we know that you frequent. This includes, your house, your car, the state capitol, and well I won’t tell you all of them because that’s just no fun. Since we know that you are not smart enough to figure out why this is happening to you we have decided to make it perfectly clear to you. If you and your goonies feel that it’s necessary to strip the rights of 300,000 people and ruin their lives, making them unable to feed, clothe, and provide the necessities to their families and themselves then We Will “get rid of” (in which I mean kill) you. Please understand that this does not include the heroic Rep. Senator that risked everything to go aganist what you and your goonies wanted him to do. We feel
that it’s worth our lives to do this, because we would be saving the lives of 300,000 people. Please make your peace with God as soon as possible and say goodbye to your loved ones we will not wait any longer. YOU WILL DIE!!!!
Reply Reply to all Forward

What do glass houses and catapults sell for these days?

Hat tip: Boortz

Promises, Promises

What’s at stake in most unions? Promises. Laborers in non-union workplaces are offered very few promises. Typically employment is by contract for a specified (and individual) wage that can be severed at any time by either party for [mostly] any reason.

Unions negotiate additional layers of promises. Those promises may be specific regimented work rules, harmonization of wages across workers, significant curtailing of right to fire workers without significant justification, etc. Those promises may also extend out into future guarantees, such as a specific pension guaranteed in perpetuity once a certain term of employment is reached. Some of these promises may be reasonable, some may not. Unions are not an unqualified good or an unqualified ill.

The problem with such long-term promises as pension guarantees, though, is that they assume a static world which doesn’t exist. These guarantees must be funded long-term, or changing conditions may make them impossible to fulfill.

Herein, then, lies the difference between private-sector and public-sector unions:

In the private sector, if the cost of fulfilling promises becomes so great that a company can no longer meet the needs of their customers at a certain price, competition will arise and those customers will go elsewhere. If every GM car, as the Cincinnati Enquirer suggests, has its price increased by $2500 due to the UAW, I very well may choose to buy a cheaper Hyundai because I don’t view it as my responsibility to fund the promises made by GM. Further, if GM cuts corners in quality and reliability to meet the price point of that cheaper Hyundai, I am even less likely to buy their cars. The changing business conditions of market competition ensure there is a natural check on promises offered — a sheep can be shorn many times, but skinned only once.

In the public sector, however, the cost of fulfilling promises can be enforced at the barrel of a gun. Revenue is not derived from free choice or competition*. Whether I choose to support the teachers’ union by sending my child to their school, I’m still on the hook to pay for it. Checks on the power of government to fulfill its promises consist only of dramatic democratic action or entire government fiscal collapse. One is occurring in Wisconsin; the other in Greece. A sheep can be shorn many times; individuals within the flock may be skinned from time to time; but government fiscal problems are the equivalent of poisoning the flock’s water supply.
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