![]() ![]() If a firm fires or refuses to hire a person because he is a salt, or even fails to promote that person, it is guilty of an unfair labor practice. That is contrary to the original understanding of the NLRA, which was that unions could organize and represent employees, who were working in the interest of employers. Since salts are hired by and act as agents of unions, the court decision in effect gives unions the status of employees under the NLRA. They must ignore that the salts are paid by unions and intend to act solely in the unions’ interest and to the detriment of the firms. That means that firms cannot discriminate against salts in hiring and firing. In the 1995 Town & Country Electric case, the Supreme Court ruled that people paid by unions to become employees in order to subvert the firms that hire them-“salts” in the jargon of labor relations-must be considered “employees” under the NLRA. The Fourteenth Amendment to the Constitution insists on “equal protection of the laws.” Congress and the Supreme Court have said, “Except for unions.” ![]() They have special privileges and immunities not available to most other economic organizations. ![]() Rather, different legal principles apply to unions. approve! When it comes to unions, there is no equality under law. Their goal would be to force Nissan to capitulate to unionization or, failing that, to drive Nissan out of business in the United States. They would try to impose as many legal costs on the firm as possible by alleging OSHA, NLRA, FMLA, and FLSA violations. They would try to damage the firm as much as possible through disruptions and acts of sabotage. Their job would be identical to that of the hypothetical Microsoft agents. Union Privilegeįinally, suppose that the UAW hired people to pose as regular job applicants at Nissan. It would move swiftly to convict Nissan of unfair labor practices and impose the most severe sanctions the law permits. ![]() The National Labor Relations Board (NLRB) would be outraged. Their goal would be to shut the union local down or, failing that, to make it impossible for the union to gain representation privileges at Nissan (which it has been trying to get for years). Their job would be to spy on all union activity and try to foment dissension and strife throughout the rank-and-file union members. If the antitrust people at the Department of Justice think that Microsoft should pay a $1 million per-day penalty for merely integrating its Internet Explorer web browser with Windows, they or the people at the Justice Department would probably try to send Bill Gates to jail for such espionage.Īgain, suppose that the Nissan Motor Company plant in Tennessee hired people to infiltrate the United Auto Workers (UAW) union local. Their goal would be to drive Netscape out of business or, failing that, to cripple the ability of Netscape to compete with Microsoft. When hired by Netscape, their mission would be to disrupt and sabotage production, file as many complaints as possible against Netscape alleging noncompliance with workplace regulations imposed by the Occupational Safety and Health Act (OSHA), the National Labor Relations Act (NLRA), the Family and Medical Leave Act (FMLA), the Fair Labor Standards Act (FLSA), and any other applicable regulations. Suppose that Microsoft hired people to pose as ordinary job applicants at Netscape. ![]()
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