| LABOR UNDER FIRE [email protected] |
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| A CONTINGENT LABORER IS ASKING "WHO'S THE BOSS"? By: Anthony M. Streckfuss March 29, 2003 As the world grows and comes into its own, learning that even oceans can not divide the people, only the people can divide themselves, it becomes necessary to ask questions of those who legislate, govern, rule and lead the world as to the course they have set for society and to be challenged for their choices that determine the effects upon the personal affairs of those who have given them their voice to chose that direction. It is THE responsibility of the chosen to apply their given task to advance all levels of society, not giving to one and taking from another, but to find the common ground that will expressly improve conditions and opportunity for all, the haves as well as the have not's. For 100's of years the conflict of "Master-Servant", "At-Will"? or "Employer-Employee" has been a running debate in the House, Senate and courts of America and the streets of every city in the U.S. It is not a question that can be answered with a dictionary or encyclopedia. The elected, influenced greatly by lobbyist of the powerful leaves to the "common law" the understanding that there is not a definition available and useable that will get them re-elected or to receive the dollars from those who pay lobbyist to influence their vote and satisfy both the employee and the employer. With A stand of neutrality the elected ones stand off from the murky waters of having to provide a comprehensive rendering for what common sense shows to be a simple and now evasive issue that has such a profound effect on so many but benefits so few. Since before 1776 when indentured servants and slaves were the "common-law" acceptance for labor, unto 1865 and before when slavery was the labor of choice, followed with share cropping being the desired form of labor shows how those of power are seeking the cheapest, if not costless form of labor lending their definition to the archaic on set of the industrial revolution, which brings labor into its own. The perceived definition for "Master-Servant" or "At-Will" terms are being applied to labor relations gives strength for the organization of unions followed with The National Labor Relations Act putting some boundaries on the limitations of the employer-employee relations and would place limits on restricting the force and method the employer can use to control labor to accomplish the end results of their profit. With the on set of WW II, and men heading off to the war and women manning the assembly lines for the war effort, labor took another step forward, the employee and employer relations took dramatic leaps forward through the inventive minds of the ing�nues inventors who brought advancements in all kinds, improving life, the comfort of life and the spread of economic fortune for those who were willing to take on the challenges of the future giving hope of prosperity, education and the American way of life, to die nearly over night sending union and non-union labor into an abyss that will change the direction of labor for decades to come. Counting the votes has proven inadequate when the voter is betrayed by the voted. With the stroke of a Presidential pen, signing an executive order ending the Air Traffic Controllers strike of the 90's, labor was set back to an era pre WW II. That signature re-wrought the concept of employer-employee relations for years to come. Considering the past history of the person who placed that signature on that executive order, it is no wonder that there was an attack on unionized labor and labor in general creating the no strike clause with in negotiated labor contracts, effectively tying the hands of employee's to collectively bargain while under contract and ultimately, all but creating a captive work force of employee slaves, and with this creation of captive workers, an industry explodes with growth by way of outsourcing the employee to temporary jobs that just years ago had been temporary to permeate (temp-to-perm) leading to full-time employment with benefits. One man, one signature, one order had moved the Master-Servant or At-Will from a working form that affected not just one group of employees but all employees through out the nation. Just as the employer and the employee were prospering shoulder-to-shoulder, one man, one voted man had reached into the pockets, wallets, savings accounts and piggy banks of Joe and Jane American and stolid the future labor bargaining power of their children. As great as this country is, as far reaching as this countries power is and it can't identify At-Will other than saying Master-Servant shows how powerful the powerful really are. To have a country of the people, for the people, by the people to be vetoed by the Green supported by the Gold and applied to those voted to power to keep from the voter their right to life, liberty and the per suite of happiness speaks volumes as to the mind set of industry and legislators. When the air traffic controller's strike was busted, the government showed its colors. As a past military aviator relying on the men and women in the towers of airports, I agree that there was a problem, but it is the right of the employed to work collectively for joint interest and the interest of the employer to respond in their way but not to the calling of interference of the government. With this intervention industry gained the power to use strike-braking tactics abolished decades ago to teardown and walk on the employee who stands. With the stroke of that pen unions were reduced to a shadow of years before, opening the door for industry to change direction and change the At-Will relationship to Our-Will relationship, were the American way becomes the Employers way, taking the employee off of their payroll and placing them on another companies and ten leasing or renting those employees back, thus removing the financial burden of employees compensation, health and life insurance, unemployment, paid holidays, retirement and much more. In doing so the pen has in after math created an industry that preys upon the laws or lack of laws and the unknowing employee, using magicians slight of hand to hide what they say they offer but at what cost and to what damage not just the employee, but long term to the employer, the laws, the land, the Nation. If things continue there will be no Master-Servant relationship no At-Will', or Common Law just a conscript work force at the bidding of the powerful, or the one that has the Gold has the Rule, with minion's blindly following the one in front to be used and used up then discarded to the mercy of the laws of the street. With the temporary agencies today there is no doubt that they fill a useful purpose for locating and placing employee's in assignments that have need of their skills. Were if for an in-term time the employee proves themselves right for the task, but to loan shark the labor to extort wages and benefits, to hide behind obtuse laws, in-house agreements and hidden contracts to exploit the laborer has to come to and end. When the employee has to ask, 'WHO'S THE BOSS? because they have been leased to another employer and then leased yet again, where does the job security and American way play when the employee has to ask that. AT-WILL At Will Rule employment: By Ralph S Curtis http://www.curtis-arata.com/winart/bee51699.html At-Will Employment; State-by-State Disclosure: Hosted by Tripod http://members.tripod.com/~issuesny/home/id25.html History of At-Will Employment Law in the USA: By Ronald B. Standler http://www.rbs2.com/atwill.htm New Assaults on Employment-At-Will Doctrine Approved by Courts http://www.saspc.com/Art090113.htm EROSION OF THE DOCTRINE OF EMPLOYMENT AT-WILL: By G. Rober Bock, Esq. http://www.franscona.com/resource/grb699ero.htm COMMON LAW The Common Law: By Peter Landry, http://www.bluepete.com/Literature/Essays/BluePete/LawCom.htm EMPLOYER-EMPLOYEE Chapter: The Employer-Employee Relationship: no author http://www.capitalownership.org/lib/Ellerman4/Chapter6.htm EMPLOYEES OF LABOR CONTRACTORS: By Ralph S. Curtis http://www.curtis-arata.com/winart/rsc0055.html MASTER-SERVANT Law of Agency: No Author listed http://www.westlegalstudies.com/pdf/0766823202_chap01.pdf At-Will employment - You were told you were an "at-will" employee: By Tim Willoughby http://www.timslaw.com/atwill.htm Reception of Law: By Silk Robes and Sou'westers http://www.heritage.nf.ca/lawfoundation/articles/writ.html 2.10 - Labor Law: By Alastair Edie, lan Grigg - Spall and Paddy Ireland http://www.nclg.mcmail.com/2_12.htm |
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