What if Unions Were Corporations?

[ksen]

http://angrybearblog.com/2014/06/what-if-unions-were-corporations.html

Here are my confused thoughts about the Burwell v. Hobby Lobby and Harris v. Quinn decisions. Unfortunately, I am Waldmann not Mann and don’t know anything about the law.

I will pretend that there is some logic behind the decisions. In Burwell v. Hobby Lobby the majority found that Hobby Lobby has religious freedom — that a profit making corporation is a person for the purposes of the Constitution. In Harris v. Quinn the majority found that the SEIU can not contract with the state of Illinois to pay money mostly to home health care workers and partly to the SEIU in exchange for home health care. Unions, unlike corporations, are not legal persons to the court. My question is what stops unions from reconstituting themselves as cooperatives ? What if the SEIU were SEIU incorporated owned one member one share by the shareholders of the SEIU (the physical persons formerly known as service workers who have voted to make the SEIU their exclusive bargaining agent). Then Illinois could contract out home health care to SEIU inc which would pay what it pleases to those shareholder-employees who provide home health care in Illinois and keep what it pleases for overhead.

What possible objection could the five conservative justices have to such an arrangement ?

Why don't unions organize as corporations?

 

[Trausti]

This is stupid. A complete misunderstanding of the opinions compared.

 

[fromderinside]

This is stupid. A complete misunderstanding of the opinions compared.

Not really. Its a whine by one liberal about the injustice and inconsistency of current USSC. What if you were a female employee of HL who has different religious view than those who pay your check? Where are your rights. One the other hand agency employees apparently do have rights adversely affecting unions. Same court. Who'da thunk?

 

[Loren Pechtel]

The heart of the Hobby Lobby abomination is that they are a closely-held corporation, not merely that they are a corporation.

 

[coloradoatheist]

The heart of the Hobby Lobby abomination is that they are a closely-held corporation, not merely that they are a corporation.

I also thought the ruling should apply to all corporations. But the second ruling didn't have to do with corporations or unions not being people.

 

[Bronzeage]

Corporation: an association of individuals, created by law or under authority of law, having a continuous existence independent of the existences of its members, and powers and liabilities distinct from those of its members.

Unions are a special kind of corporation, but a corporation, just the same.

 

[DBT]

Corporation: an association of individuals, created by law or under authority of law, having a continuous existence independent of the existences of its members, and powers and liabilities distinct from those of its members.

Unions are a special kind of corporation, but a corporation, just the same.

Yes. The members are in effect the shareholders in an insurance and protection firm. The payout is being representation by the union delegate for the negotiating terms of employment on your behalf, and providing lawyers if you need to go to court.

 

[fromderinside]

Corporation: an association of individuals, created by law or under authority of law, having a continuous existence independent of the existences of its members, and powers and liabilities distinct from those of its members.

Unions are a special kind of corporation, but a corporation, just the same.

Yes. The members are in effect the shareholders in an insurance and protection firm. The payout is being representation by the union delegate for the negotiating terms of employment on your behalf, and providing lawyers if you need to go to court.

So a union, as a corporation with demonstrated closely held beliefs, can sue a closely held company that has been unionized to recover contraceptive rights for its members?

Then the closely held company can sue to de-unionize because its beliefs are anti-union even though the employees voted to unionize?

ETC.

USSC has started a Ponzi scheme.

 

[Bronzeage]

Corporation: an association of individuals, created by law or under authority of law, having a continuous existence independent of the existences of its members, and powers and liabilities distinct from those of its members.

Unions are a special kind of corporation, but a corporation, just the same.

Yes. The members are in effect the shareholders in an insurance and protection firm. The payout is being representation by the union delegate for the negotiating terms of employment on your behalf, and providing lawyers if you need to go to court.

Well, I'm glad we settled that question.

 

[DBT]

Yes. The members are in effect the shareholders in an insurance and protection firm. The payout is being representation by the union delegate for the negotiating terms of employment on your behalf, and providing lawyers if you need to go to court.

So a union, as a corporation with demonstrated closely held beliefs, can sue a closely held company that has been unionized to recover contraceptive rights for its members?

Then the closely held company can sue to de-unionize because its beliefs are anti-union even though the employees voted to unionize?

ETC.

USSC has started a Ponzi scheme.

Nothing to do with beliefs. For example, an employee may be injured in the course of his work but the company, or workers comp, tries to minimize or even dismiss their compensation payment on some technicality, the union may step in at the request of the worker and if it can't be resolved through negotiation, take the matter to court.