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Old 02-29-2008, 05:06 AM   #1
Akkaid
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Default Union Busting

Is it legal for a company that does NO interstate business directly or indirectly to break up a union IF the state the company is based in has no regulations regarding labor?

Has this ever been done? Any cases you can site?

Danke.

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"It is but a decent respect to the wisdom, integrity, and patriotism of the legislative body, by which any law is passed, to presume in favor of its validity, until its violation of the Constitution is proved beyond a reasonable doubt." Justice Washington
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Old 03-04-2008, 10:09 PM   #2
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Default Re: Union Busting

Quote:
Originally Posted by Akkaid View Post
Is it legal for a company that does NO interstate business directly or indirectly to break up a union IF the state the company is based in has no regulations regarding labor?

Has this ever been done? Any cases you can site?

Danke.
What do you mean by "break up"? Federal laws allow workers to call for a union vote. If they vote the union in then it can represent the workers in negotiations. If the company chooses not to sign a contract, if they can't come to an agreement, then it can then hire replacement workers while the other workers strike. If the company can survive through that labor force switch the union loses. If the company can't and has to sign the contract the workers win a contract.

Some states have right to work laws. In those states the union can be voted in to represent workers but individual workers can choose not to join the union. They usually get at least the same wage scale and schedule of benefits but they may or may not be able to get around the union promotion and job change restrictions that also comes with that. Plus unions tend to not like people who don't join them so there is a certain danger to life and limb working in a union shop and not joining. Other states don't have right to work and if the union has a contract then you have to join it and your employment is pretty much under it's control. Now any labor lawyers out there find any errors in the labor law aspects of the above please chime in I'm not a labor lawyer and can only speak from my experience in dealing with unions both as a member and as in management and it can vary state to state but I believe it is federal law that guaranties the right to form a union.

Unions only represent about 12-15% of the workforce these days and a huge chunk of that is federal and state workers who also tend to be highly represented in state legislatures who agree to the contracts. Pretty rosy deal for them and a rip off for the tax payer. Here in the south as industry is shifting to new things the unions are losing big time. People don't want them any more as they see them as a big reason previous jobs were lost. One of the radio talk guys today was citing some research, I think Heritage Foundation, that in non-union states job growth has been double that of union states the last decade.
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Old 03-04-2008, 10:12 PM   #3
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Default Re: Union Busting

The question was whether or not Congress has the authority to protect the Union in this situation. And by busting up, I mean preventing formation or firing employees for forming one.

"I detest what you write, but I would give my life to make it possible for you to continue to write" - Voltair

"It is but a decent respect to the wisdom, integrity, and patriotism of the legislative body, by which any law is passed, to presume in favor of its validity, until its violation of the Constitution is proved beyond a reasonable doubt." Justice Washington
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