Wisconsin to be 25th RTW state!

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Gardener

Senior member
Nov 22, 1999
760
540
136
Public sector, but unions have very little need in the public sector. We are in the public sector are afforded broad protection beyond the union thanks to the 14th amendment. While in the private sector an employee can be let go without cause, in the public sector this is never true. This isn't because of unions, this is because of the constitution.

I'm not as confident as you in the protections of the US Constitution as they relate to something as mundane as labor/management issues in the workplace. But I like your spirit.

And to quote something my dad told me long ago...always have a backup plan.
 

DCal430

Diamond Member
Feb 12, 2011
6,020
9
81
I'm not as confident as you in the protections of the US Constitution as they relate to something as mundane as labor/management issues in the workplace. But I like your spirit.

And to quote something my dad told me long ago...always have a backup plan.

The supreme courts has already ruled on this issue, the protection is very clear.

The 14th states clearly:

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

The courts have been very clear, for public employees, any decrease in wages, or termination would be to deprive them of property. This means we can only be terminated with just cause, and we have a right to a fair hearing. This is why it is difficult to get rid of government workers.
 
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Zorkorist

Diamond Member
Apr 17, 2007
6,861
3
76
Hell, with that argument they couldn't "deprive" me of my "property."

Or tax me.

Dunno, Dcal, the 14th amendment to the constitution seems like more a cleaning up of other amendements.

It sure as hell doesn't say anything about unions.

-John
 
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CADsortaGUY

Lifer
Oct 19, 2001
25,162
1
76
www.ShawCAD.com
The union is legally obligated to represent all members in the bargaining unit, even those who refuse to pay dues in RTW states. There is no other legal structure for a union to operate under within the authority of the National Labor Relations Act.

Section 9A of the National Labor Relations Act:

Sec. 9 [§ 159.] (a) [Exclusive representatives; employees' adjustment of grievances directly with employer] Representatives designated or selected for the purposes of collective bargaining by the majority of the employees in a unit appropriate for such purposes, shall be the exclusive representatives of all the employees in such unit for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment, or other conditions of employment: Provided, That any individual employee or a group of employees shall have the right at any time to present grievances to their employer and to have such grievances adjusted, without the intervention of the bargaining representative, as long as the adjustment is not inconsistent with the terms of a collective- bargaining contract or agreement then in effect: Provided further, That the bargaining representative has been given opportunity to be present at such adjustment.

/quote

There is no SCOTUS decision that has revised this law, including the recent Harris v. Quinn where the issue was supposedly touched on by the anti-union National Right to Work Legal Defense Foundation, but the court did not address it in its decision.

(Hey CAD, we had a similar discussion 2 years ago.)

And like the previous discussion, you miss the part about the bargaining unit. A unit doesn't have to include all workers. This is the open/closed issue and how a union is formed. If they choose to be closed or exclusive/etc they must abide by the ruling. There are unions out there that operate the way I state. I ran an equipment install crew for a short time to fill in and 2 of the guys belonged to a union, the rest did not. It's like a members only union. Granted it's harder to be recognized by the employer doing it this way but it is possible and very much within the labor laws in this country.
 

DCal430

Diamond Member
Feb 12, 2011
6,020
9
81
Hell, with that argument they couldn't "deprive" me of my "property."

Or tax me.

Dunno, Dcal, the 14th amendment to the constitution seems like more a cleaning up of other amendements.

It sure as hell doesn't say anything about unions.

-John

It has nothing to do with unions. It has to do with due process and protections from being deprived of property.

You need to understand public employees work for the government, when the government takes action against them, that is no different than government taking action against a criminal. We have the same protection. The 5th amendment protection of due process offers the same protection to federal workers.

The 14th has nothing to do with cleaning up the other amendments, it is about protecting people from the states.
 
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Zorkorist

Diamond Member
Apr 17, 2007
6,861
3
76
I do understand how the Government legislates lots of favors for its employees, but that is just typical Government bullshit, and, at worse, corruption.

Meanwhile, non Government folks are only protected by things like the Bill of Rights (and I think I will add the 14th amendment to my repertoire.)

-John
 

Jhhnn

IN MEMORIAM
Nov 11, 1999
62,365
14,681
136
And like the previous discussion, you miss the part about the bargaining unit. A unit doesn't have to include all workers. This is the open/closed issue and how a union is formed. If they choose to be closed or exclusive/etc they must abide by the ruling. There are unions out there that operate the way I state. I ran an equipment install crew for a short time to fill in and 2 of the guys belonged to a union, the rest did not. It's like a members only union. Granted it's harder to be recognized by the employer doing it this way but it is possible and very much within the labor laws in this country.

Heh. Give us some examples of a Union having bargaining power within that framework. Obviously, your employer at the time did no such thing.
 

Jhhnn

IN MEMORIAM
Nov 11, 1999
62,365
14,681
136
Funny that you wouldn't use that term to describe Welfare queens and illegal immigrants who leach off the welfare system....

Stroking the presumptive pander points of the teatards, I see.

Perhaps you have some statistical analysis of how many "welfare queens" actually exist or would care to explain just how illegal immigrants leach off the welfare system.

You know, something that isn't just a mantra of right wing faith.
 

her209

No Lifer
Oct 11, 2000
56,352
11
0
Good move, I applaud any state that gets rid of forcing people to join the union.

Ultimately, if the union is beneficial beyond what it costs the workers, then the workers can join the union. If not, they don't need to be forced.

That's called choice, and more choices is always better.

Do I have a choice to not sign a non-compete and/or non-disclosure agreement when I separate from my company?
 

Gardener

Senior member
Nov 22, 1999
760
540
136
And like the previous discussion, you miss the part about the bargaining unit. A unit doesn't have to include all workers. This is the open/closed issue and how a union is formed. If they choose to be closed or exclusive/etc they must abide by the ruling. There are unions out there that operate the way I state. I ran an equipment install crew for a short time to fill in and 2 of the guys belonged to a union, the rest did not. It's like a members only union. Granted it's harder to be recognized by the employer doing it this way but it is possible and very much within the labor laws in this country.

Site based unions cover everyone in a bargaining unit at a given worksite, there is no other legal definition for them under the law. The are, by definition, the exclusive bargaining agent, the contract covers all people in the bargaining unit be they members or not, and they have a duty to represent everyone. Its been the law since 1935. So regardless of whether a shop is "open" or "closed" (those terms are not completely accurate anymore), everyone is represented.

The two guys you mentioned are members of a craft union. These are specialized unions for skilled trades that require months of extensive training, an apprenticeship period, and certification. Its a great model, but it doesn't apply to grocery clerks, for example.

There may be other models, but they have no legal standing under the NLRA and therefore management is under no legal obligation to recognize them nor negotiate with them.
 

crashtech

Lifer
Jan 4, 2013
10,546
2,138
146
I question whether unions protect members against corporations, or whether they protect their chosen ones against other workers that will accept cheaper wages. As evidence of this, one has only to look for those against whom union members have committed the most acts of violence.
 

Jhhnn

IN MEMORIAM
Nov 11, 1999
62,365
14,681
136
I question whether unions protect members against corporations, or whether they protect their chosen ones against other workers that will accept cheaper wages. As evidence of this, one has only to look for those against whom union members have committed the most acts of violence.

Gawd. There's been far more violence perpetrated against unions than by them.
 

BoomerD

No Lifer
Feb 26, 2006
63,329
11,693
136
The union haters would prefer to see us go back to the days when



was how employees had to deal with their employers...Ebenezer Scrooge WAS their idol...until he got poisoned by bad gruel...and turned liberal.
 

crashtech

Lifer
Jan 4, 2013
10,546
2,138
146
Anyone who really believes we could go back to a time like that, with or without unions, just might be seriously retarded. Our current system of justice simply no longer allows such abuses.

And for the record, I don't want to be seen as a union hater because I am not a hater of anything. It's just good for people who mindlessly ascribe traits to people or things to be offered some perspective. From my own extensive observations, most employees have more to fear from other prospective workers than they do from an employer with whom they freely associate.
 

senseamp

Lifer
Feb 5, 2006
35,787
6,195
126
Anyone who really believes we could go back to a time like that, with or without unions, just might be seriously retarded. Our current system of justice simply no longer allows such abuses.

And for the record, I don't want to be seen as a union hater because I am not a hater of anything. It's just good for people who mindlessly ascribe traits to people or things to be offered some perspective. From my own extensive observations, most employees have more to fear from other prospective workers than they do from an employer with whom they freely associate.

You trust this corporatist SCOTUS to stand up for worker rights? Bwahahaha. Good one.
 

crashtech

Lifer
Jan 4, 2013
10,546
2,138
146
You trust this corporatist SCOTUS to stand up for worker rights? Bwahahaha. Good one.
One thing I know for sure is that workers can't be trusted to stand up for worker's rights. Such is the real reason for unions continued existence. The way the collective protects itself from workers who would sell their labor below established values is to co-opt them and prevent them from negotiating their own terms. This is good and bad, for while it protects the collective, it prevents the real market value of the labor from being known.
 

senseamp

Lifer
Feb 5, 2006
35,787
6,195
126
One thing I know for sure is that workers can't be trusted to stand up for worker's rights. Such is the real reason for unions continued existence. The way the collective protects itself from workers who would sell their labor below established values is to co-opt them and prevent them from negotiating their own terms. This is good and bad, for while it protects the collective, it prevents the real market value of the labor from being known.

Unions are workers standing up for their rights.
Real market value of labor is higher if workers negotiates as a group than when workers negotiate individually. If Wisconsinites want to reduce their negotiating leverage against the corporations, they can, but they should understand that they are making themselves cheaper labor in the process. Maybe that's all they deserve, they know their worth better.
 

Jhhnn

IN MEMORIAM
Nov 11, 1999
62,365
14,681
136
Tough thing to quantify, and it doesn't address my assertion, it merely deflects.

Not at all. Violence begets violence, so it's important to understand who started it first. It's like the difference between the Civil War & the War of Northern aggression. Both describe reality but only one is accurate.
 
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