Segnosaur said:
Here's a better idea... screw the unions, screw the Industrial relations court, how about we create an environment that actually, I don't know, actually encourages job growth. Any decent employee removed from his position will have other opportunities, and any company that makes a habit of firing their best people with no reason will soon find themselves out of business.
Its called the free market. It can be applied to the labour market just as it can be applied to other goods and services. I suggest you look into it some time.
So, unable to deal with the reality of the modern workplace, you turn to the utopic fantasy of the free market. How, pray, will the free market keep people from abusing their positions of power?
You seen to make a big case out of people being fired 'unfairly', like its some major epidemic. Sorry, companies are in business to make money, and I doubt most would be willing to make a habit of getting rid of their best and brightest.
I don't doubt that companies aren't in the habit of getting rid of their 'best' and 'brightest' (which, in some cases, is merely the biggest kowtowers or those who can write the most florid essays on their applications). The problem is when companies want to get rid of those they precieve as 'troublemakers', which can be as simple as asking questions or refusing to do something against an agreement or something which is illegal.
My workplace had a problem with a previous manager who branded those who refused to work beyond thier standard hours without being paid overtime rates. They were 'troublemakers' for refusing to do so. Again, as enshrined in our agreement, and probably in the Workplace Relations Act, you cannot be compelled to do overtime for any reason and not be paid overtime rates. These people were not the companies best and brightest: obviously those people were happy to work for less than award(at the standard rate instead of the overtime rate), and good for them for doing so. But it isn't fair to persecute people who want what they are rightly entitled to.
Again, if a free market is established, I would find other places to go. If Hal makes a habit of getting rid of the best posters, content quality will drop and the board will eventually disappear.
Well, that's nice. However, you seem to be a social misfit. People who work for a company, especially over a number of years, develop friendships and routines that they get attached to. Being sacked is awful, and finding a new job (should you even be lucky enough to do so: in times of high unemployment, those who were sacked are the last to be hired) only goes part way to removing the stigma.
So no, I don't see a problem with that. It's Hal's board (or more appropriately the JREFs), and being a success means keeping the best posters around. Just as a company will have its best success keeping its best people around, and 'firing' them will not improve the companie's prospects.
With regards to keeping the best people around, see above. You can't have 100% of your staff as the 'best', that doesn't mean that those who aren't the best should have their rights chucked out the door.
Ironic that you would accuse me of trying to derail the issue when:
- It was you, who originally claimed that 'most' worker problems were the fault of management, and could be solved by 'training'
- You drag out some isolated, extremely rare case which probably applies to 0.0001% of cases. (And frankly, if there were no unions, the persion with sleep Apnea still probably wouldn't be fired, if his productivity made him an asset to the company.) I suspect that the vast majority of people who are not productive at work do not have an underlying medical condition.
With the probationary system in place in my company (which puts a person on probation for one year, during which time they can be sacked for not cleaning the floor properly or having a dirty coffee cup... sorry, 'poor attitude'), it's rare that an employee because unproductive for no reason whatsoever. In fact, I can only recall one case of it happening, and ironically the person in question was in no danger of being sacked because she was friends with my supervisor. Fortunately, she got pregnant and hasn't been heard from since.
It isn't always due to medical conditions. One employee, who was sacked, and did not go to unfair dismissal, had ongoing problems involving her children, problems that were horiffic and involved an attempted murder. The manager was too cold to try and help her, it was easier to sack her. She did get help from the union, but the union can only do so much, especially under the new and improved Workplace Relations Act which favours the employer over the employee (and yet it still protects the right to form a union... interesting, no? Obviously not everyone agrees with your 'screw the unions' mentality).
The point being, although poor productivity isn't always linked to medical reasons, there usually is a reason for it. Contrary to your cynical point of view, people aren't inherently lazy.
Maybe I'm trying to be just like you
You can tell when you're winning an argument on JREF when someone resorts to a rolleyes.
First of all, although strikes are voted on by union members, guess what the union members are part of the union.
You still don't understand how a union works. A union is the collective voice of the workers, it is not a body that orders what workers do for their own political ends. That's a manager's job. If a union is doing that, the union is not doing it's job properly. If workers vote to strike, it is because they are dissatisfied and management aren't listening. Try to understand it this time around: if you bring up this chestnut again, I'll simply write you off as thick.
Secondly, even though managers themselves can't order strikes, their recommendations and other activities carry significant weight.
You're going to have to expand on this point. What are you trying to say, exactly? That if the workers present a good enough case to management, that management will listen to them out of the goodness of their hearts? You might not be trying to say this, but I can't tell from your statement.
Thirdly, the decision to strike does not have to be unanamous... if 51% of people want to strike, the remaining 49% are effectivly forced to go along.
You still know nothing about industrial relations. It doesn't work like a California recall election. The purpose of a strike is to get the message home to management that the workers are dissatisfied by disrupting productivity. If 49% of the unionised workers don't want to strike, there won't be enough people to strike to affect productivity. Subsequently calling these 49% scabs doesn't do the union any good, since they only risk losing membership (becoming weaker), and the majority of the workforce will actually be working, when you take into account the non-unionised workers who will be working as usual... so those who choose to work will have the satisfaction of knowing the majority of their colleagues support them. You need more than 51% to go to strike- 80% is the bare minimum, 90% or more is ideal.
Lastly, although unions probably wouldnt' care if there were things in the agreement about playing video games, they will have concerns about things like monitoring computer usage, internet activity, phone conversations.
So what? The union orgainsers had concerns about internet and computer usage in our workplace. They asked the workers if they wanted to see this in our agreement. The workers, who felt that management had the right to see if we were using our tools properly, said it was OK. That was the last we heard of the issue from our organisers. Our agreement allows for management to monitor computer and internet usage without notice, for whatever reason.
Once again: the union is the voice of the workers, it doesn't tell workers what to think.
Private phone conversations can't be monitored due to federal legislation which calls for a court order before a call can be monitored. Not much the unions could do about that even if they wanted to.
Customer/worker phone conversations can be monitored, but only on notice. That is what the workers wanted, and management didn't. Productivity doesn't appear to have dived down the hole since this implementation, in fact productivity has increased every year (though I won't pretend that's down to phone conversations being monitored or not).
When I asked who would make the decision about whether an employee had 'cleaned up their act', you said 'the supervisor'.
You made that statement yourself.
So, the supervisor, who you don't trust to fire incompetent people, still has the final call on who to fire because they get the final call. (Only now, they have their flexibility severely limited by union rules when they want to get rid of bad employees.)
One thing you seem to have trouble understanding is that there is no such thing as 'union rules'. There is an agreement which is exactly that: an agreement between the workers (represented with consent of the workers by the union) and management. There is comprimise on both sides. If the unions got everything they want, the workplace would be comprised of bludgers with six hour lunch breaks and no right to sack... in your opinion, apparently, anyway. If management had their way, we'd have no right to privacy in the workplace, no overtime rates for overtime worked, no maternity leave... well, see Jessica Blue's list above.
Yes, the supervisor does not have free reign to sack who they want when they want. Once upon a time, supervisors had this power. But, hard as it may be for you to believe, people felt that supervisors were abusing this power and formed unions to put checks and balances in place so that supervisors would have to dismiss employees fairly and reasonably.
Interesting link for you to read from the New South Wales government. Of interest:
Case Study Three
A plant operator lost his unfair dismissal application when he failed to notify his employer about a serious valve malfunction. The employer told the Commission that the employee had been shifted around to various jobs within the company because his disenchantment with his job meant he could not integrate with the various work teams within the business.
He had been counselled but had been given a final warning after the valve malfunction incident. The employer was commended for his perseverance.
By following a proper counselling and disciplinary system the employer avoided a finding against him.
This isn't from a union... It is from the government, who can hardly be accused of being pro-union.
The plural of 'anecdote' is not 'data'.
Once again, you are pointing to isolated incidents where users have perhaps been treated unfairly, or perhaps not. I could play the same game, dragging up individual cases where the union has protected incompetent people to the detriment of all other people. Like the person who was given a promotion because union rules didn't allow her application for promotion to be rejected based on personal suitability, even though she was abusive to coworkers. Or the person, again in a union job, who did not have the ability to complete certain tasks assigned to him (despite having training), yet the union rules would force the company to keep him working.
The difference being is that I have quoted my workplace agreement and the Workplace Relations Act, where as you have come up with some farty concept called 'union rules'. I suspect, as I have detailed above, you are getting 'union rules' mixed up with a workplace agreement. I note with interest you have quoted nothing. Why is that, do you suppose?
As for your workplace regulations act, guess what? Not every country in the world follows the same rules. Quoting regulations from your country means nothing in my country.
Well, alas for you, I was born in Canada, and I happen to know that the unions work in a similar way to in Australia: we're both socialist leaning countries (compared to the US, which I admit isn't saying much).
Furthermore, according to
this link, you have the right to belong to a union in Canada. There are also laws preventing employers from allowing the formation or selection of a union. While I cannot find the exact legislation, I think it also stands to reason that there will be legislation protecting those who are in a union who express that they are dissatisfied with their work conditions.
I also don't think you know anything about regulations in your own country, seeing as how you have a profound ignorance about the basic mechanics of industrial relations and unions. It pains me to see a fellow Canadian so ignorant, so please prove me wrong by quote Canadian industrial relations law, and some of the 'union rules' you go on about so much.
You'll have to excuse me if I don't consider your word as gospel.
You don't have to. This is a debate. It would be boring if you took what I said on faith.