Friday, March 13, 2015

Does the Anti-Labor Taft-Hartley Act Violate the 1st Amendment?

If Republicons realyy believed in Freedom and Choice as they proclaim they would work to repeal Taft-Hartley. But of course they only believe only in money, power and the MEtocray! Repealing the Republicon Anti-Labor Taft-Hartley Act would be a tall order anytime as it would surely be blocked by the GOPstructionist filibastards in the Senate. But could it be challenged on it's Constitutionality, specifically the First Amendment right to assemble?

First Amendment: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Surely I'm not the first person to think of this, but a quick search on the Googles did not yield any results for court challenges on these grounds. Taft-Hartley requires that the benefits bargained for by a Union are also applied to those workers who refuse to join the union. It further requires that the Union represent non-union workers if they have grievances such as a wrongful termination and if the non-union employee loses the case he/she can sue the Union for not representing them effectively. In other words, the members of the union are Forced to Associate with those who've refused to reciprocate by associating with (joining) the union. That's absurd! UNFAIR!

I'm certainly not a legal scholar, but it would seem to me that if an individual has a constitutional/legal right to not join an organization. Then the opposite should be the case as well, the members of such organizations should not have to be forced to associate/assemble with those who refuse to join. It's Only Fair. What other organization is held to the ridiculous standard? If I refuse to join a gym can I demand to used the facilities? Of course NOT! No Free-Riders. It's time to challenge this law in Court!

Getting rid of the freeloaders and their undo rights under TH would take a lot of the teeth out of RTW4Le$$ laws that have nothing to do with promoting Freedom. Their purpose is to undermine the incentives to join a union, ultimately weaken them and lower pay, benefits and worker protections on behalf of the Rulers, their Corporate Sponsors. You want the benefits of union membership, join! If not you get squat!

The Right to Assemble and Freedom of Association are used interchangeably and considered a fundamental right shared by all modern democracies.

EXCERPT 1 from While the United States Constitution's First Amendment identifies the rights to assemble and to petition the government, the text of the First Amendment does not make specific mention of a right to association. Nevertheless, the United States Supreme Court held in NAACP v. Alabama that the freedom of association is an essential part of the Freedom of Speech because, in many cases, people can engage in effective speech only when they join with others.

EXCERPT 2: The organization of labor was commonly resisted during the 19th century, with even relatively liberal countries such as the United Kingdom banning it for various periods (in the UK's case, between 1820 and 1824).[6]
In the international labour movement, the freedom of association is a right identified under international labour standards as the right of workers to organize and collectively bargain. Freedom of association, in this sense, is recognized as a fundamental human right by a number of documents including the Universal Declaration of Human Rights and International Labor Organization Convention C87 and Convention C98 – two of the eight fundamental, core international labour standards. 'Freedom of association' can also refer to legal bans on private contracts negotiated between a private employer and their employees requiring workers at a particular workplace to join a union as a term and condition of employment. Supporters of this sort of private freedom of association claim that the right to join a union incorporates a right not to join a union. In the United States, the term 'right to work' is more common for this type of law. (Bold added)

What's good for the Goose is good for the Gander!

Oh and by the way, this article demonstrates why two of the supposed pillars of the GOPster Right-to-Work for Less laws, specifically that non-union members in non-RTW4Le$$ are forced to pay union dues and that that their money in used to support political causes they may not agree with, are just plain LIES!

I am not now, nor have I ever been a union member, I don't work in that type of field. But I recognize the value of unions to healthy and equitable society, the common good and the general welfare. Unfortunately, so do our overlords.


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