Wednesday, January 02, 2013

The National Labor Relations Act Of 1935 Should Be Immediately And Entirely Repealed


The New Deal And Its Many
Surviving Big Government Acts

This Act a.k.a. Wagner Act is one of many appalling acts still in effect since the horrible New Deal.

Taken Straight From The Socialist Playbook

Just reading the language of Section 1 of this Act abundantly reveals that its sponsors were guided by socialist theories of the time [Emphasis added]:
·         “The denial by some employers of the right of employees to organize and the refusal by some employers to accept the procedure of collective bargaining lead to strikes and other forms of industrial strife or unrest, which have the intent or the necessary effect of burdening or obstructing commerce …”
·         “The inequality of bargaining power between employees who do not possess full freedom of association or actual liberty of contract and employers who are organized in the corporate or other forms of ownership association substantially burdens and affects the flow of commerce, and tends to aggravate recurrent business depressions, by depressing wage rates and the purchasing power of wage earners in industry and by preventing the stabilization of competitive wage rates and working conditions within and between industries.”
·         Experience has proved that protection by law of the right of employees to organize and bargain collectively safeguards commerce from injury, impairment, or interruption, and promotes the flow of commerce by removing certain recognized sources of industrial strife and unrest, by encouraging practices fundamental to the friendly adjustment of industrial disputes arising out of differences as to wages, hours, or other working conditions, and by restoring equality of bargaining power between employers and employees.”
·         Experience has further demonstrated that certain practices by some labor organizations, their officers, and members have the intent or the necessary effect of burdening or obstructing commerce by preventing the free flow of goods in such commerce through strikes and other forms of industrial unrest or through concerted activities which impair the interest of the public in the free flow of such commerce. The elimination of such practices is a necessary condition to the assurance of the rights herein guaranteed”
·         It is declared to be the policy of the United States to eliminate the causes of certain substantial obstructions to the free flow of commerce and to mitigate and eliminate these obstructions when they have occurred by encouraging the practice and procedure of collective bargaining …”

This Section I one of the Act is littered with strong and wrong presumptions. The Act is also a major infringement of private property rights by mandating employers to comply with “collective bargaining”. The leniency of this Act on criminal activities or extortion as the Act euphemistically says “certain practices by some labor organizations …”

As they say sometimes the prescribed medicine is worse than the disease. This Act fully qualfies as an example imposing “collective bargaining” as a remedy at the expense of employers.

Were lawmakers inspired by the erroneous concept of countervailing power (although prominently published only in 1952) or by monopolistic/oligopolistic or state monopoly capitalism?

There are fundamental differences between enterprises in a free market and legally protected and preferentially treated labor unions:
·         Labor unions are not as exposed to competition as individual enterprises
·         Employees are free to choose to work elsewhere or establish their own enterprise

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