Independent, Rational People Understand: It's Simply Bad Law
We don't know much about Tom Fox. Based on his neat corner of the blogosphere, he seems like a pretty interesting, bright guy with diverse interests. To the extent one can glean his political leanings from his web-pages, it seems pretty reasonable to assume he is a committed Obama supporter. Presumably, he agrees with a decent amount of the Democratic Party's current platform and its agenda heading into 2009.
But Tom Fox is not dependent on tons of campaign cash from any particular special interest group, which is why he is free to think about the E.F.C.A., and express himself thusly:
From what I’ve read this morning here on Daily Kos[ Big Business Goes After Unions to Defeat Democrats ], which is
everything I have read about the Employee Free Choice Act, it looks to me that
the proposed legislation is not about fairness in the union certification
process, it is about shifting the advantage to labor organizations.
If, for example, the problem is “Anti-union managers are free to campaign to
every employee, every day, throughout the day; but pro-union employees can
campaign only on break time,” a fairness-based solution might be to prohibit
anti-union managers from campaigning throughout the work day.
Or, if “management can post anti-union propaganda on bulletin boards and
walls — while prohibiting pro-union employees from doing the same,” then the law
might be changed either to prohibit anti-union propaganda on bulletin boards and
walls, or to allow pro-union propaganda in an equal amount and location.
Or, if the problem is that “employers can force workers to attend mass
anti-union propaganda events [but] pro-union employees [are] not given equal
time,” then union organizers could be given equal time by law.
There is a huge disconnect between these specific given examples of
unfairness during the election campaign process and the proposed solution, which
is to eliminate the election campaign process altogether rather than to fix
it.
If the present process is unfair, and it does look to be that way from what
little I know, then the Employee Free Choice Act seems equally unfair, but on
the opposite side. This does nothing to eliminate unfairness. It is simply a
re-allocation of power by means of a political/legislative agenda.
Does me being “pro-fairness” mean that I am thereby being “anti-labor”?
Brilliantly questioned, Tom. Would that there were more voices sought to contribute rationally to the debate....






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