The Labor Rights Act (On President's Desk)

[Filuwaúrdjan]

I suspect that there's no way in hell that we'll be able to get all restrictions (or even "any") on the closed shop lifted and I suspect that it's not going to be worth the hassle trying. Other elements of Taft-Hartley though... and it's not as though more democracy (on all sides, frankly) would be a bad thing... the two could easily be linked together...

An amendment will be up here some time tomorrow; probably late afternoon my time.

[Filuwaúrdjan]

Amendment...

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2. The system of workplace organisation known informally as the "closed shop" shall be banned throughout the Republic of Atlasia.

3. Union security clauses will remain legal in theory, but may be restricted by Regional governments. This section is not to be construed as one allowing Regional governments to ban, restrict or otherwise inconvenience collective bargaining; a constitutionally protected right.

4. Industrial action shall only be legal if it is approved of in a democratically conducted vote of the relevant Union members. No attempt may be made by Employers, or by bodies or agencies or individuals acting formally or informally on behalf of Employers, to influence this vote in any way.

5. All formal positions within Unions must be subject to election on a regular basis. Individual terms may not last for longer than six years. All internal Union elections must conducted according to democratic norms. No attempt may be made by Employers, or by bodies or agencies or individuals acting formally or informally on behalf of Employers, to influence internal Union elections in any way.

6. A National Arbitration Officer is to be appointed to enforce this Act by means of formal prosecutions, to deal with formal complaints (made under this Act) against Unions and Employers and also, when appropriate, to act as a third party in formal negotiations (as an alternative to using the Courts). The NAO may not hold federal or regional office. The appointment of the NAO shall be conducted in the normal manner and must be approved by the Senate.

7. The NAO shall have the power to force all parties to enter arbitration if a dispute has lasted for longer than three weeks. Arbitration shall be, unless otherwise agreed, non-binding and the process may be terminated, by either party, if no agreement is reached within two weeks.

8. Breach of this Act shall be a criminal offense, punishable by either a fine of 15% of the guilty party's annual income or, in the case of individuals found violating Sections 4 and 5 of this Act or of Article VI, Section 10 of the Constitution, by up to five years imprisonment in a federal penitentiary. Prosecutions shall be conducted by the NAO and shall be heard first by the relevant Regional Court (if any) or by the Supreme Court if there is no Regional Court.

[Filuwaúrdjan]

Aye

[Filuwaúrdjan]

This exercise in micro management is doomed to disappoint.

By the standards of labour legislation it certainly isn't micro-management

[Filuwaúrdjan]

This exercise in micro management is doomed to disappoint.

By the standards of labour legislation it certainly isn't micro-management

And what is with this NAO conducting prosecutions?  Why do we need an arbitration officer? And a fine based on percentage of income seems curious and imprudent. What is really needed is the power of injunction.

I think arbitration works a lot better than the overly aggressive methods (used by both sides, obviously, though it's equally obvious which side has tended to be stronger) used to settle industrial disputes in America and also that it makes sense to reflect the reality of Atlasia; there's no point in declaring the establishment of an Arbitration Board or whathaveyou, it would just become a GM controlled phantom (ie; a phantom controlled phantom). The punishments are fairly arbitrary, but are mainly intended as a deterrent.