Bill V asked:
TJR, isn't there a fundamental conflict of interest if the employer is determining what the rights of the employees are when negotiating with the employer?
Only in this rare case where the employer and the body which makes the rules/passes the laws are one in the same. In most cases and throughout the private sector, the rules and the laws are created by government organizations, and/or have become common place to the point of not going away anytime soon.
It's only in this special case of the public sector that such a conflict exists.
Bill V also said:
If I were running a business, and that were the case, I'd say that the employees can't quit, can't strike, work 100 hours a week, no vacation or sick time, no benefits, and get paid a nickel an hour. And they have no right to argue that, as I get to determine what their rights are.
Sure, you could do all those things. However, there are labor laws that guarantee sick time. There are labor laws that limit overtime, or at least define pro-rated pay for overtime, etc. Also, there are minimum wage laws. About the only thing you can legally withhold are benefits such as vacation, etc. As far as employees "having a right" to argue about anything you do as an employer, your employees can always come to you, individually or as a concerned group and indicate that they are dissatisfied. Employers and employees should WELCOME AND EMBRACE such open conversations and discussions. If the employees don't get what they want, they can vote with their feet. If employees are working for an employer that doesn't value that communication they should leave.
Lastly, Bill said:
Isn't that effectively what you (and Walker) are saying? (My example is obviously taking that to a drastic extreme, but you get the point.)
Nope, not at all.
You, like so many others, are saying that unions are the only thing preventing employers from:
- working people excessively without just compensation,
- not paying a fair wage,
- not providing sick time,
- not listening to their employees,
- not providing their employees other benefits, such as vacation, bonuses, etc.
There are labor laws that setup the first THREE of the FIVE above. As for the remaining TWO, well, employers are incented by the free market to provide these things to their employees. If they don't, someone else will, and those other employers will get all the "best" workers.
I think the issue here is that unions, by and large, turned American workers into a faceless, nameless, easily hot-swappable, commodity. All were the same; relatively interchangeable gears. There was really no good, better, best.
Private, non-union employers looked for the best and the brightest. Those that were the movers and the shakers. They wanted the better, and the best, not just the fair and good. And, to compete, and to attract the best, they provided better...
Private, non-unionized employers actually do want to do what's right for their employees...the good ones anyways, and MOST are good. If a worker finds that they are working for a bad employer, then they should work to change that employer, or LEAVE.
TJR