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Being forced to talk to someone you disagree with, in good faith? - sorry, that's not my definition of force.
I think this is where you're getting off what Olek is trying to say...
You're implying that all force must be physical and physically damaging. But even in your own sentence you use the word to mean unwelcome coercion.
Ugh...sorry - this is obviously a failed attempt on my part on an all to clever word-play. I should have written it as: Being "forced" to talk to someone you disagree with, in good faith? - that's not my definition of force.
I meant to imply that talking to someone was not something I would consider to _be_ force. Hopefully that makes things a bit clearer.
You're implying that all force must be physical and physically damaging.
In the context of this particular situation, yes, I am. Absent actual threats of force (which can be spoken to incite fear or apply pressure, which I would consider a kind of force), merely having a rational conversation cannot be considered force. That was my point - if you consider conversation to be force, rational discussion is impossible without also being force.
The government is FORCING employers to negotiate, they are taking the right to negotiate or not to negotiate away from the employer. This is a violation of the employer's right to hire and pay what he and the individual employee agree upon.
I believe, in this context, that the goverment _is_ using force, but that it is morally justified even under Objectivism
in this case. Rand outlines the State as being the only justified 'purveyor' of force, and only in the case of protecting citizens, property, and upholding the law. As I stated in the historical overview, the NLRA and the later ammendment of Taft-Hartly were legislated by the government to end the violence plaguing workers and business owners prior to 1935. The government was applying force, in the form of these laws, to _stop_ personal injury and property damage.
If the employee doesn't like they pay he can choose to not work there or attempt to ASK for more money. The employer shouldn't be FORCED to negotiate unless he chooses to.
I think you are splitting rhetorical hairs here - the term
negotiation would imply a union _asking_ for a raise. The NLRA and Taft-Hartley only come into effect when a union has asked, been refused, and, as a result, decided to suspend the work of its members.
As I pointed out to Oleksandr, this usually happens _after_ an original contract has expired. If management refuses to negotiate with a union when there is no continuing contract, nothing compels the workers to continuing producing for that owner. At that time, employees _could_ quit and move on, and some do, but most reach a point where they believe further negotiation is possible. Likewise, most owners do not want their work forces to leave en masse, given the tremendous hit to productivity, lost work, etc that would occur. Manifestly, a strike is the state reached when workers will not continue to produce for free, but aren't ready to give up on possible future cooperation, and management isn't ready to completely sever ties with those workers, again, for hopes of future cooperation.
I also pointed out that Taft-Hartley eliminated the necessity of management from having to take any part in negotiations requested by the union OR the representative of the state. Your point about an employer being
Forced to negotiate is a non-starter, because no such law really exists anymore. It was eliminated in Taft, and the courts have upheld that interpretation. Everything in Taft is rendered voluntary.
And the writer's guild is basically using force on the industry right now and they might as well be in the middle of a contract. Their strike is interrupting television shows and movies, there are several shows without writers right now that have had to move into reruns...that doesn't sound like its at the end of the contract to me. The union is FORCING all its members to strike, even those who aren't affected by the desire for part of the profit for dvd sales and such.
Actually, the Writer's Guild contract is established on a calendar time table, _not_ on a television season time-table. Their contract was up in November, not 'at the end of the latest season of Lost'. Those were the terms of the contract as negotiated by _both_ parties. And, under those circumstances, suggesting that they should work through the end of the TV season for the benefit of the studios, despite having no guaranteed contract, is just an excuse to get something for nothing. Saying that it 'might as well be the middle of a contract' is setting up a false equivelency that would not be tolerated in Objectivism.
The terms of a deal are the terms of a deal, period.
The union is FORCING all its members to strike, even those who aren't affected by the desire for part of the profit for dvd sales and such.
This is a _very_ common conard brought up by people who take issue with unions. Membership in a union _is_ voluntary. You can chose to join or not join. If you join, you are _bound_ by the membership bylaws of that union. It's no different than the rights and _responsibilities_ you take on when signing up to be a partner in a corporation. There are certain things you _must_ do as part of your joining a company - you can't claimed you were 'FORCED' to do something against your will. If you joined the company, you joined it.
Now, there are some workplaces with Unions where union membership is a _requirement_ for holding a job. But this isn't a measure of force. Legally speaking, a true _requirement_ to be a union member in order to get a job was outlawed in Taft-Hartley. What these workplaces _actually_ represent is a contractual term between the management and the union to only hire union workers. The union considers the employment, by the owner, of non-union workers to be a breach of contract. If management agrees to such a condition, it is _contractually obligated_ to uphold it.
That is not force, that is a contract.
The employer could chose _not_ to honor such a condition (it would, of course, have to wait until the current contract expired, or face legal jeapordy); If the business believed it could do better without union workers, it always has this option under Taft-Hartley. But many unions have very skilled, very _valuable_, and very _productive_ members, and, often, it _is_ in the business owner's self-interest to maintain this relationship. So long as their is
mutual self interest in this position between the owners and the union, it's not force in Objectivist understanding.
If Writer A and the employer agree to a certain salary and benefits package because he's viewed as better asset and Writers B & C get a smaller salary and no benefits, that's just fine. If Writers B & C don't like it, they can attempt to negotiate for a better salary/benefits package or they can find employment elsewhere. Just because they want something doesn't mean the employer should be coerced into negotiating with them for it.
Let's say the guild decides that all writers should be offered the same benefits package and the same base salary when they start out. If employer's do not agree to this, ALL members of the guild strike...even those not affected by the issue. This forces the employers to negotiate and cave in to demands at some level, less they lose money due to non-productivity.
This hurts both the members of the guild and the employer. While being forced to strike, those not affected by the issue are losing pay. If you're the employer, you're losing your right to choose because all the available workforce is in that union. And in the case of the Writer's Guild...they're trying to FORCE multiple companies to give them the same deal. They aren't targeting just Viacom, MGM, or Warner Brothers...they're trying to FORCE every company that uses "their" writers to agree to the same deal.
Instead of allowing the individual to determine what company offers the best compensation in return for his work, they seek to impose it on everyone.
What your describing above is a popular (managment-centric)
myth about how Unions work, but there's no support for it
in the current practice of the Law. Taft-Hartley guarantees an employer's right to hire non-union workers. If a company wanted to, they could chose to ignore the Union's terms that only guild members be hired. The only issue is that they would then have to
take responsibility for that decision. If it was more profitable for them in the long run, it's their choice to make. Most studios don't, and with good reason.
Individual workers join Unions precisely because collective bargaining is often more effective at getting better terms than is individual bargaining. Joining a union is voluntary, but it brings enormous benefits. In Hollywood, the Writers Guild (and the Screen Actors Guild) have both been very successful in their negotiations with major studios. Most of the major studios have agreed to include the provision that they will only hire union workers as part of their contracts. It was, at the time the contracts were signed, in their interest to do so. Studios which believed they could be successful _without_ using the unions are perfectly free to follow that path as well (as are independent writers, actors, directors, etc. - some of the most successful actors and directors were non-guild members. George Lucas made Empire Strikes Back as a non-guild member, and raked in millions. Many independent studios make tons of money every day without association to the guilds. The precident exists, and it's always a viable choice.)
I can't help but notice a disturbing similarity between your argument and the arguments made by some against the concept of a 'monopoly'. In Hollywood, so many of the actors and writers belong to the Guilds (because it serves their interests in getting better deals), that the unions have a 'virtual monopoly' on talent. Their contractual agreements with the studios over hiring of union workers strengthen's this 'monopoly'. You seem to be arguing that this is unfair, and that the studios have some kind of inherent right to this resource (writing talent) that the union is unfairly preventing them for utilizing. If this was an argument about Microsoft setting terms with other businesses to exclusively use Windows products because it virtually dominates the PC software market, would you have the same objections? Is Microsoft using force in leveraging it's market advantage? Why should the union utilizing it's market advantage in labor resources be any different?
Instead of allowing the individual to determine what company offers the best compensation in return for his work, they seek to impose it on everyone.
If the individual believes that the best compensation they can get for their work is to be gained through collective bargaining rather than individual bargaining (because collective bargaining removes the inherent advantages of corporate association), then what's the problem? Again, membership in a Union is voluntary. You only have to accept the potential consequences of non-membership if you wish to pursue the possible advantages of not having to deal with Union rules. It's a conscious trade off made by rational examination of your options. Both you _and_ your potential employer must make that examination, and come to a decision in their best interest.
A good example of this union issue is with my ex. She works for the State of California. When she was hired on she was given 3 choices:
1. Join the union as full member and pay full dues. This gave her the ability to "vote and be heard" when the Union presented plans that affected the workers.
2. Join the union as a "non-participating member" and pay reduced dues. She was able to still get the raises that other union employee's got via voting and negotiations with the State, but could not vote on those initiatives herself.
3. Not work for the state.
She is never given an option to negotiate for her own salary or benefits, she has to choose what the union and the state have agreed upon. There's no chance for a bonus, special advancement, or any other merit based reward or compensation system beyond what the union has agreed to.
This example isn't even applicable to the discussion - you are talking about a
job for the State. The State is not a private enterprise. It is not run like a business. Rand is _very_ clear about the distinction. A State operates under its own rules, regulations, and responsibilities. It is not a market. If a State requires someone to be part of a union in order to be employed by the State, it's a take it or leave it decision. In this case, she has a perfectly viable option in #3. The State is by no means _required_ to give her a job under any terms it does not chose to impose.
AT