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Post by Orac on Jun 15, 2023 15:22:40 GMT
Of course it does. If I'm legally obliged to employ you and you are left free to increase my liabilities to you, how do I avoid this? By doing what you say? Independent representation is simply that . It doesn’t increase liabilities . It reinforces existing ones . Collective bargaining is only a part of it. If you are talking about independent legal representation on the narrow matter of their contract - that's not a union, that's a lawyer. This is the same process a non unionised employee would go through. However, i do feel these should be handled differently.
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Post by Deleted on Jun 15, 2023 15:28:43 GMT
The employer always has a choice whether to employ this or that person. Normally yes, but not in the public sector. In the public sector the situation managed by the public sector and the paying employer (the taxpayer) has no way (veto) to protect himself against any 'deal' thus created. The arrangement is intrinsically abusive. There should be balancing restriction on employees to compensate for the legal compulsion of their employer to carry on paying whether he wants to or not. The taxpayer is not directly the employer. We merely provide the funds that the employer, namely the government, uses. The government makes employment choices in our name. If we don't like the choices they make we can vote for someone else. In any democracy there is always scope for redress against grievances via the ballot box. And of course the employer, whether government or private entity, has to keep on paying its employees. People do not work for free, they do so to earn a living. If it doesn't want to pay them it has to make them redundant, which happened to quite a few in some sectors during the austerity years. But we all know from personal experience if you try to get the same work done by fewer people, service delivery becomes shockingly bad. For all these reasons governments are accountable to we the people via the ballot box. Disenfranchising millions because of who they work for merely makes governments less accountable and is a dagger plunged into the heart of democracy. One person one vote is an essential tenet of democracy. To want to remove that from millions of workers because you resent paying their wages via your taxes is mean-spirited in the extreme but far far worse than that it is positively dangerous for democracy itself. Which is why the vast majority of the people will never accept your rather extreme proposals because the danger is obvious.
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Post by Deleted on Jun 15, 2023 15:41:31 GMT
One legitimate reason might be that he is legally compelled to employ them whether he wants to or not. Workers Independent representation doesn’t pose a risk to an employer . I agree. Or for the purposes of further clarification it is only a risk to those employers who seek to break employment law. Employers who act within the law and honour their obligations have nothing to fear from workers' representation. No reputable employer need fear it because any employee guilty of gross misconduct can still be instantly dismissed. If I were to be caught stealing cash out of a till, or were to do something as foolish as to slap a female colleague's backside, or were to punch a colleague in the face, or threaten a customer with violence, no amount of union representation would make the slightest difference. I would be out. Instant dismissal. Unions only fight an employee's corner if there are apparent grounds for a justified grievance either under law or the company's own stated employment policies. Why anyone would view the removal of such protections as a positive just because they see themselves as their employers tends to suggest that as an employer they would have little respect for the rights of their employees. I have worked for employers like that before. It tends not to end well for the employers in the long run.
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Post by Orac on Jun 15, 2023 15:49:14 GMT
Normally yes, but not in the public sector. In the public sector the situation managed by the public sector and the paying employer (the taxpayer) has no way (veto) to protect himself against any 'deal' thus created. The arrangement is intrinsically abusive. There should be balancing restriction on employees to compensate for the legal compulsion of their employer to carry on paying whether he wants to or not. The taxpayer is not directly the employer. The Government (state) can be seen in this context as a manager, with the employer (ie the person or body who pays for the employee from their own produce) being the taxpayer. In this case the employer is legally obliged to pay and is not involved in the negotiation. The control vs liability mismatch is one of the features I'm highlighting in my point.
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Post by Deleted on Jun 15, 2023 15:52:31 GMT
Independent representation is simply that . It doesn’t increase liabilities . It reinforces existing ones . Collective bargaining is only a part of it. If you are talking about independent legal representation on the narrow matter of their contract - that's not a union, that's a lawyer. This is the same process a non unionised employee would go through. However, i do feel these should be handled differently. But unions cover all the legal costs so unionised workers can always afford due process. Many non-unionised workers who have to pay for it themselves effectively have no redress for wrong doing by an employer because they cannot afford it. And bad employers tend to exploit that. And just because the state acts as an employer in my name, this does not mean I want to remove such employees legal rights and the ability of unions to protect them, nor do I want to exclude them from the democratic process. And on the latter point, are you really trying to argue that patriotic soldiers prepared to fight and die for king and country should not have the vote because our taxes pay for them? Really? We all pay for everyone's wages regardless of whether they work in the public or private sectors. Who do you think pays my wages for working in a supermarket? Customers who shop there do in the final analysis. Should that mean supermarket workers should be denied a vote because the rest of the voting population is paying our wages? It really is a rather risible idea when you break it down.
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Post by Deleted on Jun 15, 2023 15:53:54 GMT
The taxpayer is not directly the employer. The Government (state) can be seen in this context as a manager, with the employer (ie the person or body who pays for the employee from their own produce) being the taxpayer. In this case the employer is legally obliged to pay and is not involved in the negotiation. The control vs liability mismatch is one of the features I'm highlighting in my point. Well we do have the chance to sack the managers. At least those of us you don't want to disenfranchise do.
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Post by Orac on Jun 15, 2023 16:05:12 GMT
If you are talking about independent legal representation on the narrow matter of their contract - that's not a union, that's a lawyer. This is the same process a non unionised employee would go through. However, i do feel these should be handled differently. But unions cover all the legal costs so unionised workers can always afford due process. Many non-unionised workers who have to pay for it themselves effectively have no redress for wrong doing by an employer because they cannot afford it. I don't feel such an organisation is morally supportable when your employer, who may not himself be able to afford legal representation for himself, is legally compelled to employ you. Imagine if you were legally compelled to employ a plumber and that plumber got to dip into 'plumber type legal funding' as a means to increase your bill and reduce his service to you. I think the pay or conditions for public employees should be pretty simple - take what you get or leave it - your choice Perhaps if taxpayers had a union and a legal basis to challenge the burdens place on them by public employees, the situation might be a bit more even sided.
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Post by Orac on Jun 15, 2023 16:20:54 GMT
The Government (state) can be seen in this context as a manager, with the employer (ie the person or body who pays for the employee from their own produce) being the taxpayer. In this case the employer is legally obliged to pay and is not involved in the negotiation. The control vs liability mismatch is one of the features I'm highlighting in my point. Well we do have the chance to sack the managers. At least those of us you don't want to disenfranchise do. The employer (taxpayer) is two layers removed. The elected government doesn't have the kind of direct and reliable control that democracy would suggest is appropriate and part of the reason for that is the unionisation. Even if this were not the case, the same control vs liability mismatch remains.
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Post by Deleted on Jun 15, 2023 16:21:48 GMT
But unions cover all the legal costs so unionised workers can always afford due process. Many non-unionised workers who have to pay for it themselves effectively have no redress for wrong doing by an employer because they cannot afford it. I don't feel such an organisation is morally supportable when your employer, who may not himself be able to afford legal representation for himself, is legally compelled to employ you. Imagine if you were legally compelled to employ a plumber and that plumber got to dip into 'plumber type legal funding' as a means to increase your bill and reduce his service to you. I think the pay or conditions for public employees should be pretty simple - take what you get or leave it - your choice Perhaps if taxpayers had a union and a legal basis to challenge the burdens place on them by public employees, the situation might be a bit more even sided. It makes sense in a idealistic sense. However, we elect a government to serve and represent the people in a functional representative democracy (idealism, which is obviously different in practice), and if we elect a government commited to tax cuts then the Unions will attack and try and destroy the elected government. If you try and go for the Unions they will try and cause maximum disruption to the public sector, even at the cost of life. The people will be terrorised until they cave in and accept being robbed in exchange for poor services. It's a vicious circle.
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Post by Bentley on Jun 15, 2023 16:25:25 GMT
Independent representation is simply that . It doesn’t increase liabilities . It reinforces existing ones . Collective bargaining is only a part of it. If you are talking about independent legal representation on the narrow matter of their contract - that's not a union, that's a lawyer. This is the same process a non unionised employee would go through. However, i do feel these should be handled differently. Nothing that you post resonates with any experience I’ve had with unions . Im not sure that you know exactly what unions do .
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Post by Deleted on Jun 15, 2023 16:29:01 GMT
But unions cover all the legal costs so unionised workers can always afford due process. Many non-unionised workers who have to pay for it themselves effectively have no redress for wrong doing by an employer because they cannot afford it. I don't feel such an organisation is morally supportable when your employer, who may not himself be able to afford legal representation for himself, is legally compelled to employ you. Imagine if you were legally compelled to employ a plumber and that plumber got to dip into 'plumber type legal funding' as a means to increase your bill and reduce his service to you. I think the pay or conditions for public employees should be pretty simple - take what you get or leave it - your choice Perhaps if taxpayers had a union and a legal basis to challenge the burdens place on them by public employees, the situation might be a bit more even sided. It is a false argument. No one is legally compelled to employ anyone. They employ them if and when they need their labour. Once employed their employees have certain employment rights, and more once they have been an employee for two years or more. This is the same for all employees and employers. If an employer decides they need less labour there are legal ways to do this, either through natural wastage, ie not replacing employees who leave, or through some sort of redundancy process. No employer, state or private, is legally compelled to employ anyone. The need which requires state employment is not a legal one but a political one involving political choices. The public expects certain things - the fire brigade to show up when our house is on fire, a GP when we want or need one, a functioning hospital full of competent doctors and nurses, schools with competent teachers educating our kids, roads to be adequately maintained, and so on. A government could decide to stop paying for all of this in theory and make the entire public sector redundant. What stops them is not the law but the obvious fact that this would be utterly disastrous politically and probably economically and socially, and they would never win an election again. It is we the people who insist on the employment of sufficient people to do the jobs we expect of them, not the law. Yet regardless of who employs who, employees should have the right to unionise to protect themselves from abuse or bad treatment. I don't expect them to have to just put up with it because I theoretically employ them, and neither should you. Your desire to limit workers ability to enforce their rights and even deny them a vote just because you employ them is at its core the desire of an employer to be able to treat their employees however the hell they like. We need employment protection laws for the very reason that there are employers who think like you do out there
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Post by Deleted on Jun 15, 2023 16:41:22 GMT
If you are talking about independent legal representation on the narrow matter of their contract - that's not a union, that's a lawyer. This is the same process a non unionised employee would go through. However, i do feel these should be handled differently. Nothing that you post resonates with any experience I’ve had with unions . Im not sure that you know exactly what unions do . I am certain he doesnt. He speaks as someone who wants to remove the right to vote as well as the right to union representation from anyone he thinks he employs. No one would want to do that unless their agenda involves an abuse of power and the freedom to treat your workforce like trash. We are indulging such risible nonsense here, in the full knowledge that anywhere else on the forum he would have been trolled to death for such nonsense by now. We are also indulging such risible nonsense in the full knowledge that only a few people on the extremist fringes out there would take such ideas seriously. No democratic government could get away with it and would be politically slaughtered if it tried. But our friend Orac is no friend of democracy anyway, as revealed by his desire to disenfranchise millions of workers. That would be an attack on democracy itself which can only be logically argued for if he can put together a cogent argument as to why democracy itself is a bad thing. Which would also require offering some kind of better alternative. Nothing of this nature has been forthcoming so far, just the desire to remove the vote from millions of people he sees as his employees. If employers could begin to have votes removed from their employees we really all would be in trouble.
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Post by Orac on Jun 15, 2023 16:42:04 GMT
I don't feel such an organisation is morally supportable when your employer, who may not himself be able to afford legal representation for himself, is legally compelled to employ you. Imagine if you were legally compelled to employ a plumber and that plumber got to dip into 'plumber type legal funding' as a means to increase your bill and reduce his service to you. I think the pay or conditions for public employees should be pretty simple - take what you get or leave it - your choice Perhaps if taxpayers had a union and a legal basis to challenge the burdens place on them by public employees, the situation might be a bit more even sided. It is a false argument. No one is legally compelled to employ anyone. If you are attempting to argue that taxpayers aren't the employer, the next question has be, why then are they compelled to pay the employees wages? The mismatch here, between control and liability, is what I'm highlighting
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Post by Deleted on Jun 15, 2023 16:53:27 GMT
It is a false argument. No one is legally compelled to employ anyone. If you are attempting to argue that taxpayers aren't the employer, the next question has be, why then are they compelled to pay the employees wages? The mismatch here, between control and liability, is what I'm highlighting Trying to counter a supposed mismatch which is largely in your head by disenfranchising millions of them, and denying their ability to protect themselves from abuse, is rather excessive. Besides which, how else do we expect anyone to put out our house fires, educate our kids, repair our roads, heal us when we are sick without them being paid? Do you think they should do it for free? Or just do it under any old conditions for however little pay just because you see them as your employees. You even want to deny democratic rights to your employees. If ever you find yourself running a business, do let me know which one so I can make sure I never work for you. Because all you are essentially arguing for is that workers rights and even the right to vote should not apply to anyone you employ.
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Post by Orac on Jun 15, 2023 18:02:51 GMT
If you are attempting to argue that taxpayers aren't the employer, the next question has be, why then are they compelled to pay the employees wages? The mismatch here, between control and liability, is what I'm highlighting Trying to counter a supposed mismatch which is largely in your head by disenfranchising millions of them, and denying their ability to protect themselves from abuse, is rather excessive. They are not being disenfranchised, they are voluntarily and temporarily giving up their vote in exchange for privilege of having the rest of the community legally compelled to pay their wages. As for abuse and conditions - this will be controlled by the need for the government to obtain employees.
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