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Read the rules in the OP before posting, please.

In order to ensure that this thread continues to meet TL standards and follows the proper guidelines, we will be enforcing the rules in the OP more strictly. Be sure to give them a re-read to refresh your memory! The vast majority of you are contributing in a healthy way, keep it up!

NOTE: When providing a source, explain why you feel it is relevant and what purpose it adds to the discussion if it's not obvious.
Also take note that unsubstantiated tweets/posts meant only to rekindle old arguments can result in a mod action.
Ayaz2810
Profile Joined September 2011
United States2763 Posts
Last Edited: 2018-02-27 16:44:36
February 27 2018 16:43 GMT
#199581
On February 27 2018 22:10 {CC}StealthBlue wrote:
???




HMMMMMMM.....

[image loading]
Vrtra Vanquisher/Tiamat Trouncer/World Serpent Slayer
{CC}StealthBlue
Profile Blog Joined January 2003
United States41117 Posts
Last Edited: 2018-02-27 17:26:12
February 27 2018 17:26 GMT
#199582
"Smokey, this is not 'Nam, this is bowling. There are rules."
hunts
Profile Joined September 2010
United States2113 Posts
February 27 2018 17:30 GMT
#199583
Supreme Court Ruling Means Immigrants Could Continue To Be Detained Indefinitely

The U.S. Supreme Court ruled Tuesday that immigrants, even those with permanent legal status and asylum seekers, do not have the right to periodic bond hearings.

It's a profound loss for those immigrants appealing what are sometimes indefinite detentions by the government. Many are held for long periods of time — on average, 13 months — after being picked up for things as minor as joyriding. Some are held even longer.

Supreme Court Will Re-Hear Immigrant Indefinite Detention Case
THE TWO-WAY
Supreme Court Will Re-Hear Immigrant Indefinite Detention Case
The case, Jennings v. Rodriguez, has implications for legal permanent residents the government wants to deport, because they committed crimes and asylum seekers who are awaiting a court date after turning themselves in at the border. Immigrant advocates contend that many of these immigrants have a right to be free on bail until their case is heard.

But the court wrote in its 5-3 opinion Tuesday, "Immigration officials are authorized to detain certain aliens in the course of immigration proceedings while they determine whether those aliens may be lawfully present in the country."


https://www.npr.org/2018/02/27/589096901/supreme-court-ruling-means-immigrants-can-continue-to-be-detained-indefinitely

I guess illegally stealing a SC nomination is paying off for whoever benefits from being able to indefinitely detain immigrants?
twitch.tv/huntstv 7x legend streamer
farvacola
Profile Blog Joined January 2011
United States18866 Posts
February 27 2018 17:32 GMT
#199584
Nah, the big payoff is coming when public sector unions are gutted by a 5-4 opinion in Janus that will deliberately misconstrue the First Amendment in the context of employment contracts.
"when the Dead Kennedys found out they had skinhead fans, they literally wrote a song titled 'Nazi Punks Fuck Off'"
brian
Profile Blog Joined August 2004
United States9642 Posts
February 27 2018 17:32 GMT
#199585
On February 28 2018 02:26 {CC}StealthBlue wrote:
https://twitter.com/kylegriffin1/status/968537505279741952

hard to argue against your own words. I would be fairly interested in seeing how this is received by the CEO.
ticklishmusic
Profile Blog Joined August 2011
United States15977 Posts
Last Edited: 2018-02-27 17:47:23
February 27 2018 17:42 GMT
#199586
The problem is that Blackrock through various funds is currently a passive investor, as they have filed 13G's with the SEC for ownership. A 13G literally says that the entity which beneficially controls the shares does not mean to exert control over the company's direction. Blackrock, or Fink, can certainly SAY things, but they can't actually pull on the levers of power as an activist investor unless they first file a 13D.

Beyond that, most of their shares are tied up in mutual funds and iShares which they sell.
(╯°□°)╯︵ ┻━┻
Plansix
Profile Blog Joined April 2011
United States60190 Posts
February 27 2018 17:42 GMT
#199587
On February 28 2018 02:32 farvacola wrote:
Nah, the big payoff is coming when public sector unions are gutted by a 5-4 opinion in Janus that will deliberately misconstrue the First Amendment in the context of employment contracts.

That thing is terrifying and is the ultimate conservative pay off. Never legislate, only win through the slow attrition of the courts.
I have the Honor to be your Obedient Servant, P.6
TL+ Member
brian
Profile Blog Joined August 2004
United States9642 Posts
Last Edited: 2018-02-27 18:10:38
February 27 2018 17:58 GMT
#199588
On February 28 2018 02:42 Plansix wrote:
Show nested quote +
On February 28 2018 02:32 farvacola wrote:
Nah, the big payoff is coming when public sector unions are gutted by a 5-4 opinion in Janus that will deliberately misconstrue the First Amendment in the context of employment contracts.

That thing is terrifying and is the ultimate conservative pay off. Never legislate, only win through the slow attrition of the courts.

any care for either of you to elaborate on your positions here? I think i understand why it’s a stretch from the 1A standpoint but coming from a place of total ignorance i’m very interested in understanding the more logical arguments involved, more specifically the consequences of either decision. or if there are any particular good reads i’d appreciate the recommendation.

as a person who has never had any interaction with unions i get their benefit and have always been dubious of the dues requirement. and i don’t understand the rationale behind it aside from the obvious ‘if it wasn’t mandatory nobody would.’
Mohdoo
Profile Joined August 2007
United States15743 Posts
February 27 2018 18:08 GMT
#199589
If killing unions kills police unions, it just might be a net benefit. We can always add worker protections in other ways down the road. Killing police unions is uniquely difficult.
Plansix
Profile Blog Joined April 2011
United States60190 Posts
Last Edited: 2018-02-27 18:19:04
February 27 2018 18:09 GMT
#199590
On February 28 2018 02:58 brian wrote:
Show nested quote +
On February 28 2018 02:42 Plansix wrote:
On February 28 2018 02:32 farvacola wrote:
Nah, the big payoff is coming when public sector unions are gutted by a 5-4 opinion in Janus that will deliberately misconstrue the First Amendment in the context of employment contracts.

That thing is terrifying and is the ultimate conservative pay off. Never legislate, only win through the slow attrition of the courts.

any care for either of you to elaborate on your positions here? I think i understand why it’s a stretch from the 1A standpoint but coming from a place of total ignorance i’m very interested in understanding the more logical arguments involved. or if there are any particular good reads i’d appreciate the recommendation.

I am not an expert in the legal nuances of the case. The issue in front of the court is that unions are currently allowed to collect union dues from everyone who works for the company in that specific job. Even if the person is not a member of the union. The cut off number is 40% of the work force is required before the union can move to this system. That money can only be used for collective bargaining. Not for lobbying or political ads. This is allowed due to a previous court ruling from 1961. This more conservative, less labor friendly court is expected to overturn the ruling and further gut the ability of unions.

The reasoning behind the mandatory dues is simple. It makes it impossible for the employer to fire there way to a less powerful union, or to destroy it. Everyone is represented by the union and the employer cannot impact that. You have to remember that Unions, strikes and labor organizations were meet with violent opposition and underhanded tactics rather than deal making. Long term, a company would rather destroy a union than deal with collective bargaining.

http://www.scotusblog.com/2018/02/view-courtroom-dog-didnt-bark/

I found this blog to be useful and not to deep into the legal weeds that our boy farvacola makes his living in.

On February 28 2018 03:08 Mohdoo wrote:
If killing unions kills police unions, it just might be a net benefit. We can always add worker protections in other ways down the road. Killing police unions is uniquely difficult.


I had the same though for half a second, but then remembered these systems solved the problem of employers using violence and intimidation to prevent unions from forming. Police unions can be dealt with by simply have the oversight of police be external to the police department. Then I don't have to care about their political influence.
I have the Honor to be your Obedient Servant, P.6
TL+ Member
farvacola
Profile Blog Joined January 2011
United States18866 Posts
Last Edited: 2018-02-27 18:17:54
February 27 2018 18:12 GMT
#199591
The dispute over union fair share fees dates back to Abood v. Detroit Board of Education, a case in which there was no dissent and the court roundly limited the extent to which the First Amendment could be used as justification for constitutional attack on union dues levied on employees who declined to join a union, yet worked for an employer who had entered into a collective bargaining agreement. Conservatives have been itching to overturn Abood ever since, lack of a dissent notwithstanding, and their only path towards doing so relies on narrowly, but strongly extending the reach of the First Amendment in terms of rendering the contours of an employment agreement subject to ideological quibble. Think of it as "doctor won't prescribe needed medicine because his religion says no," but in the labor context.

The long and short of it is that "right to work" as a concept entirely misconstrues the extent to which the Constitution protects an inchoate interest in employment; against the backdrop of conservative interest in "originalism," this ought seem particularly hypocritical.
"when the Dead Kennedys found out they had skinhead fans, they literally wrote a song titled 'Nazi Punks Fuck Off'"
xDaunt
Profile Joined March 2010
United States17988 Posts
February 27 2018 18:29 GMT
#199592
Getting rid of Abood would be great for a bunch of reasons. First and foremost, it's not the government's place to subsidize unions and compel membership in them. If workers want to bargain collectively, let them do it. Nobody is stopping them. The reality is that the public sector unions know that people will not join them unless compelled because the public sector unions have been too damned good at their job. Factoring in pensions and other benefits, public sector employees are too well compensated, which leads me to my next point. Public sector unions need to be kicked in the nuts. The ridiculous compensation arrangements that they have negotiated for their members using taxpayer money is going to cause real problems if not addressed. Current unfunded public pension liability exceeds $6 trillion. These are big fiscal issues that need to fixed, which won't happen if public sector unions keep getting propped up artificially.
hunts
Profile Joined September 2010
United States2113 Posts
February 27 2018 18:32 GMT
#199593
On February 28 2018 03:29 xDaunt wrote:
Getting rid of Abood would be great for a bunch of reasons. First and foremost, it's not the government's place to subsidize unions and compel membership in them. If workers want to bargain collectively, let them do it. Nobody is stopping them. The reality is that the public sector unions know that people will not join them unless compelled because the public sector unions have been too damned good at their job. Factoring in pensions and other benefits, public sector employees are too well compensated, which leads me to my next point. Public sector unions need to be kicked in the nuts. The ridiculous compensation arrangements that they have negotiated for their members using taxpayer money is going to cause real problems if not addressed. Current unfunded public pension liability exceeds $6 trillion. These are big fiscal issues that need to fixed, which won't happen if public sector unions keep getting propped up artificially.


What would you say they are over compensated in comparison to? CEO's? A livable wage? The need for their job to get done? How hard their job is?
twitch.tv/huntstv 7x legend streamer
farvacola
Profile Blog Joined January 2011
United States18866 Posts
Last Edited: 2018-02-27 18:36:36
February 27 2018 18:35 GMT
#199594
That's all fine and dandy, and I even agree with the fact that union bloat has worsened the pension crisis (though private sector employers, both union and non, have very dirty hands in this regard as well). The problem is that the conservatives on the Supreme Court and those who have engineered the concept of a "right-to-work" are the same people who routinely decry jurisprudential nods towards pragmatism and extra-Constituinal bases for decision. Couching this whole thing in the First Amendment both detracts from legitimate policy-oriented criticism like the Daunt mentions while further adding to the shitpile that is incoherent Constitutionalism.
"when the Dead Kennedys found out they had skinhead fans, they literally wrote a song titled 'Nazi Punks Fuck Off'"
Plansix
Profile Blog Joined April 2011
United States60190 Posts
Last Edited: 2018-02-27 18:42:49
February 27 2018 18:41 GMT
#199595
Xdaunt points to some problems with public unions. Specifically that poor goverment management has lead to pensions that are not sustainable. But rather than blame the political institution and elected officials that entered these terrible deals for political gain, the blame is placed squarely on the unions and their collective bargaining rights.

Removing the unions ability to collectively bargain will not fix the 6 trillion dollar budgetary shortfall either. That will still be subject to all the standard lawsuits that happen for breaking pension deals. If conservatives wanted to solve the problem, they would update the laws around unions to allow states to enter some sort of bankruptcy process when it is clear the pension are not sustainable. But why do that when you can gut public unions and not have to pay for their retirement for 30 or so years before we go full circle and do this again. None of this solves teh problem. But it does allow conservatives to get their way without writing any pesky legislation.
I have the Honor to be your Obedient Servant, P.6
TL+ Member
xDaunt
Profile Joined March 2010
United States17988 Posts
February 27 2018 18:42 GMT
#199596
On February 28 2018 03:32 hunts wrote:
Show nested quote +
On February 28 2018 03:29 xDaunt wrote:
Getting rid of Abood would be great for a bunch of reasons. First and foremost, it's not the government's place to subsidize unions and compel membership in them. If workers want to bargain collectively, let them do it. Nobody is stopping them. The reality is that the public sector unions know that people will not join them unless compelled because the public sector unions have been too damned good at their job. Factoring in pensions and other benefits, public sector employees are too well compensated, which leads me to my next point. Public sector unions need to be kicked in the nuts. The ridiculous compensation arrangements that they have negotiated for their members using taxpayer money is going to cause real problems if not addressed. Current unfunded public pension liability exceeds $6 trillion. These are big fiscal issues that need to fixed, which won't happen if public sector unions keep getting propped up artificially.


What would you say they are over compensated in comparison to? CEO's? A livable wage? The need for their job to get done? How hard their job is?


Just through a flat comparison of public vs private sector compensation. Here's a study by the CBO from last year comparing federal government compensation to private sector compensation. Obviously, there's far higher earning potential at the high end of the private sector, but that's the exception rather than the rule.
xDaunt
Profile Joined March 2010
United States17988 Posts
February 27 2018 18:43 GMT
#199597
On February 28 2018 03:41 Plansix wrote:
Xdaunt points to some problems with public unions. Specifically that poor goverment management has lead to pensions that are not sustainable. But rather than blame the political institution and elected officials that entered these terrible deals for political gain, the blame is placed squarely on the unions and their collective bargaining rights.

Removing the unions ability to collectively bargain will not fix the 6 trillion dollar budgetary shortfall either. That will still be subject to all the standard lawsuits that happen for breaking pension deals. If conservatives wanted to solve the problem, they would update the laws around unions to allow states to enter some sort of bankruptcy process when it is clear the pension are not sustainable. But why do that when you can gut public unions and not have to pay for their retirement for 30 or so years before we go full circle and do this again.

I have plenty of blame for politicians, too. Specifically for democrat politicians who are all-too-happy to accept political contributions from public sector unions and keep the gravy train rolling.
Logo
Profile Blog Joined April 2010
United States7542 Posts
Last Edited: 2018-02-27 18:46:00
February 27 2018 18:43 GMT
#199598
What I don't quite understand is how does the logic applied to these partial fees (the government is compelling speech by forcing the partial payments) not just flat out apply to any job requirement or task for these public sector employees? Every task you do for the government is inherently political. Your entire job is compelled political speech effectively (at least if money is speech, these sort of acts would be as well).

In another direction of takes the Intercept had an interesting look at other lawsuits that sort of fall out from this decision...

https://theintercept.com/2018/02/25/conservatives-public-sector-unions-janus/


some labor activists and legal scholars have begun sounding the alarm on what they say would be the unintended consequences of the suit, effectively opening up the floodgates for countless lawsuits like the recent ones filed by the International Union of Operating Engineers. If Mark Janus doesn’t have to pay his agency fees because collective bargaining is speech he disagrees with, then collective bargaining is speech. And it can’t be restricted. Indeed, when some of the lazier advocates of Janus lay out the case, they accidentally argue on behalf of unions’ right to free speech. “Because government is both employer and policymaker, collect­ive bargaining by the union is inherently political advocacy and indistinguishable from lobbying,” wrote George Will on Sunday, directly implicating the First Amendment.
Logo
Plansix
Profile Blog Joined April 2011
United States60190 Posts
February 27 2018 18:52 GMT
#199599
On February 28 2018 03:43 xDaunt wrote:
Show nested quote +
On February 28 2018 03:41 Plansix wrote:
Xdaunt points to some problems with public unions. Specifically that poor goverment management has lead to pensions that are not sustainable. But rather than blame the political institution and elected officials that entered these terrible deals for political gain, the blame is placed squarely on the unions and their collective bargaining rights.

Removing the unions ability to collectively bargain will not fix the 6 trillion dollar budgetary shortfall either. That will still be subject to all the standard lawsuits that happen for breaking pension deals. If conservatives wanted to solve the problem, they would update the laws around unions to allow states to enter some sort of bankruptcy process when it is clear the pension are not sustainable. But why do that when you can gut public unions and not have to pay for their retirement for 30 or so years before we go full circle and do this again.

I have plenty of blame for politicians, too. Specifically for democrat politicians who are all-too-happy to accept political contributions from public sector unions and keep the gravy train rolling.

And then you turn around and decide to “kick the public sector in the nuts” by using the Supreme Court, rather than your elected officials and legislation. And again, none of this invalidates the pension deals that were made over the last 40 years. This victory won't change that reality.

Also, that of that 6 trillion, I bet around 2 trillion is DOD and the military. Or 34% per the CBO report. And I’m going to bet know exactly which party loves that gravy train and loses their mind if any defense cuts are proposed. So why don’t we just blame all the politicians and keep the tribalism in check?
I have the Honor to be your Obedient Servant, P.6
TL+ Member
brian
Profile Blog Joined August 2004
United States9642 Posts
Last Edited: 2018-02-27 19:19:58
February 27 2018 19:10 GMT
#199600
so everyone generally agrees about all the pro’s and con’s of unions, and they’re pretty clear. what remains unclear for me really is on what basis(aside from Abood, that is. so logical/moral as opposed to purely legal i suppose) a union can require an employee to pay the dues.

while i’m generally very pro-union, excepting the very good cons presented for bloated agreements for which i don’t know if unions are solely to blame, i do not understand the legal precedents allowing for this required dues. this still does, and always has, seemed impossible to me.

while i can’t propose anything that makes more sense or any method of keeping unions alive elsewise,i want to say it should not be possible to force an employee to pay union dues.

i think i person should, as generally they still benefit from the work of the union. but to mandate it is something extra.
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