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The following is a link which does a fair criticism of forced arbitration. You may find it interesting that the legislators in 1925 were targeting inter company disputes and up until 1981 were never directed at employees.
Beware of scabs. They come in many forms. Some break strikes, other's hate unions.
Scab herders are those who bring scabs to the work site where a union is on strike.
Just haul in a bunch of illegal aliens. They will fight you to the death, for that work
Employees voluntarily sign contracts that any dispute with the employer will be handled individually and via arbitration. The 1925 Arbitration Act covers this entire thing, as the written opinion of the court spells out in great detail, and the nonsense of the NLRA "invalidating" all individual arbitration acts is, as the Court writes in the majority opinion - absurd.
The employee signs the arbitration agreement voluntarily and then seeks to get around it later via legal chicanery? The NLRA covers collective bargaining and unionization, it does not, anywhere in the entire text of the law, invalidate the Arbitration Act or otherwise supersede it.
Basically, these employees agreed to one thing and now want to change the rules of the game midstream to whatever favors them best, regardless of what they themselves signed. They want an activist court to step in and ignore the 1925 Arbitration Act as written and create law out of whole cloth.
This decision upholds a very important societal principle - contracts mean something, and signing your name to a contract means you agree to be bound by the terms of that contract, even if down the road you feel like making up new rules/terms/conditions because you feel you should always retain an upper hand you never negotiated to have included in that contract.
Good for the court. Only bummer is this should have gone 9-0 instead of 5-4.
WHAT DOES THE LAW READ AS WRITTEN? It's very simple.
Quote:
Originally Posted by Volobjectitarian
Workers do have rights, and this decision did not change, abridge or remove a single one, not even in the slightest manner.
Prior to this decision, voluntary, individual arbitration agreements were covered under the 1925 Arbitration Act, and as of this decision, they still are. At no point has the National Labor Relations Act ever superseded the arbitration rules covered under the 1925 act, nor has any law nor precedent given it that power on a de facto basis.
So workers' rights are exactly the same as they were prior to this decision. If you sign an individual arbitration contract with an employer, that contract is covered by the 1925 Arbitration Act. If you wish to retain your ability to sue in open court under class action rules, DON'T SIGN AN INDIVIDUAL ARBITRATION CONTRACT with the person you may wish to sue under class actions rules later on down the road..
Do you still get the job if you cross out the arbitration agreement part of your employment application?
This is where your logic is troubling.
Never happen. We will no doubt get at least 1 pick more by 2020, and will build on our Senate majority.
Enjoy JANUS.
Quote:
Originally Posted by ahzzie
There's a slight...SLIGHT possibility that you'll maintain a Senate majority but gain on it? Pffffft you're dreaming! But anything can happen between now and then so we'll see.
Janus doesn't affect me.
ahzzie,
BobNJ1960 will tell you black is white if Fox said it. Janus is important. Here is why. Back in the nineteen fifties and sixties private sector union membership was over 30%. Through the realities of globalization and a concerted effort by right wing organizations, membership is below 10%. The last stronghold of the labor movement is now public unions. Janus v. AFSCME if successful will weaken public unions. Mark Janus, a civil servant from Illinois could never afford to bring a case from the lower courts to the Supreme Court without the assistance of deep pockets.
Janus affects us all. Once unions are defeated, it presents all of the problems of bringing an extinct mammoth back to life. Then we all go back to the labor dark ages. Even those of us who are retired.
Unions killing private sector corps, which erased their base, is not MR. Janus' problem.
This is a Freedom of Association issue, and hopefully Mr. Janus wins this treasured right here.
As for labor, its no longer the uneducated masses it was in the heyday of unions. The educated do not need a union. What they personally can do is their bargaining power.
Sometimes the big corporations need protection from the common worker and labor unions, or is your premise that one side is always in the right and the other is always wrong?
Corporations already have way to much power over our government.
Give every worker their on personal lobbyists and the corporatists would howl!
How Corporate Lobbyists Conquered American Democracy
Business didn't always have so much power in Washington.
They claim to be super-patriots but they would destroy every liberty guaranteed by the Constitution. They demand free enterprise but are the spokesmen for monopoly and vested interest. Their final objective toward which all their deceit is directed is to capture political power so that using the power of the state and the power of the market simultaneously they may keep the common man in eternal subjection." VP Wallace on Fascism 1944
Everyone has a right to work without donating to the Democrats thru the unions.
And what's the point of voting for Democrats when they aren't any better with getting the American worker back to work? They either sign legislation like NAFTA that take jobs out of the country, or they want to flood the work force with immigrant and illegal workers to drive down the wages, or they create laws that regulate businesses so much that only the big corporations can afford it while the small business owner has to close up shop because they can't keep up. And lets not mention all of the insufferable taxes they shove down our throats, driving costs even more higher so that we often have to have more than one income to just to have the basic necessities.
People thinking the politicians are working for us, the regular American people, regardless if they are Republican or Democrat, are gravely mistaken.
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