Bernie Sanders Calls for Worker-Ownership of Means of Production

iluvatar5150

Well-Known Member
Aug 3, 2012
25,285
24,188
Baltimore
✟557,712.00
Country
United States
Faith
Christian
Marital Status
Married
Politics
US-Democrat
Labor conditions, that very phrase, doesn’t encapsulate employees partially owning the company or having some fixed number of seats on board of directors. It is indeed odd to perceive working under extreme and dangerous heat on an assembly line with no fan, air conditioning, and insufficient breaks or access to liquids, a labor condition, as synonymous with being a partial owner of a company by having a share of its stock and a seat on the board of directors.



Yeah, “could be argued” but who’d make that irrational argument? Having a voice in the company isn’t a labor condition such that he’s addressing the unsafe conditions of the work place. Sitting on the board of directors and having partial ownership of the company isn’t “labor conditions.”

This is funny. You can lean on legal precision when it suits you, but throw around purely subjective jabs when it suits you, too. Your claims are as irrational and, thus far, as unsupported as you claim mine are.

How is having representation of labor on a board not a labor condition? Why is “labor condition” so narrow as to only cover safety issues? Why is not any condition under which one works a "labor condition"?
 
Last edited:
Upvote 0

Pommer

CoPacEtiC SkEpTic
Sep 13, 2008
16,582
10,419
Earth
✟142,373.00
Country
United States
Faith
Deist
Marital Status
In Relationship
Politics
US-Democrat
Oh? So, tell me what meaning of commerce and regulate are you invoking and from what source do rely upon for the meaning?



Labor conditions, that very phrase, doesn’t encapsulate employees partially owning the company or having some fixed number of seats on board of directors. It is indeed odd to perceive working under extreme and dangerous heat on an assembly line with no fan, air conditioning, and insufficient breaks or access to liquids, a labor condition, as synonymous with being a partial owner of a company by having a share of its stock and a seat on the board of directors.



Yeah, “could be argued” but who’d make that irrational argument? Having a voice in the company isn’t a labor condition such that he’s addressing the unsafe conditions of the work place. Sitting on the board of directors and having partial ownership of the company isn’t “labor conditions.”
This is funny. You can lean on legal precision when it suits you, but throw around purely subjective jabs when it suits you, too. Your claims are as irrational and, thus far, as unsupported as you claim mine are.

How is having representation of labor on a board not a labor condition? Why is “labor condition” so narrow as to only cover safety issues? Why is not any condition under which one works a "labor condition"?


So the crux is whether or not Congress has the Constitutional authority to require whatever cockamamie thing we’re arguing about?

If Bernie, (or his policies, you can’t stop an idea!), hold sway, I’m sure that they’ll try it “the easy way”, (enact legislation, let the courts knock it to bits, redraft and then, off to SCOTUS for a drubbing in a 7-2 court), before Amending the Grand Ol’ Rag!
 
Last edited:
Upvote 0

USincognito

a post by Alan Smithee
Site Supporter
Dec 25, 2003
42,058
16,810
Dallas
✟871,701.00
Country
United States
Faith
Atheist
Marital Status
Private
We saw last year how reliable polls are.

What are you talking about? Are you confusing the "polls said Trump could not win ever, period so all polls are wrong forever" trope with the salient and accurate 2018 polling that showed the Republicans holding and likely gaining in the Senate while losing the House a net of 40 seats?
 
Upvote 0

USincognito

a post by Alan Smithee
Site Supporter
Dec 25, 2003
42,058
16,810
Dallas
✟871,701.00
Country
United States
Faith
Atheist
Marital Status
Private
Who won and who was projected to win? That shows me it is not a falsehood. Moreover, polls ( I do not care what it is a poll for will ALWAYS be bias.

For last years poll? That was Democrats winning the House and getting 40 seats. And that's exactly what happened.
 
Upvote 0

USincognito

a post by Alan Smithee
Site Supporter
Dec 25, 2003
42,058
16,810
Dallas
✟871,701.00
Country
United States
Faith
Atheist
Marital Status
Private
Common sense. It is bias based on the people who actually RESPONDED to the poll. For example, most of the time when I am asked in polls I simply hang up. Therefore I am not shown on the results.

And you think that makes them bias(sic)?
 
  • Like
Reactions: ArmenianJohn
Upvote 0

KCfromNC

Regular Member
Apr 18, 2007
28,643
15,977
✟486,722.00
Faith
Atheist
Marital Status
Private
Participating in interstate commerce is not the Congrssional power. A salient point your reasoning misses. The power is to regulate interstate commerce and Bernie’s proposals do not constitute as regulating any commerce.

The minimum wage laws are wages related to labor performed, which is vastly different than mandating a private entity to allocate partial ownership to employees and requiring employees have a seat at the table of directors. The two are not the same. They are not parallel, which is why your example of minimum wage does not demonstrate Congress has the power to enact Bernie’s proposal.

You've pointed out differences, but failed to explain how they're important in this situation. I mean, yeah,every situation is different but that doesn't mean that the more obvious similarities go away.

The Court can easily repudiate this extraordinary exercise of Congressional power proposed by Bernie by stating the original meaning of “regulate” doesn’t contemplate Congressional power as suggested by Bernie. The Court can acknowledge while prior decisions have abandoned the original meaning of “regulate,” the Court refuses to do so here, choosing to abstain from the Alice in Wonderland’s Humpty Dumpty’s ploy of words have whatever meaning Humpty says they have.

Yeah, they could decide in a way which fits with how you wish things worked. Or maybe not. But that's a far cry from the claim that this is clearcut.

Second, minimum wage law under FLSA is tied to those who labor to make goods destined for interstate commerce or engaged in interstate commerce, I.E. those working to move goods from state to state. The law is tied to labor and the labor is tied to goods destined for interstate commerce or labor engaged in interstate commerce itself. That is vastly different than mandating partial ownership of the business for employees and requiring the employees have a seat at the table of directors.
Because in one case it sets requirements for how businesses shall compensate employees in exchange for their labor, and in the other is sets requirements for how businesses shall compensate employees for their labor.
 
Upvote 0

NotreDame

Domer
Site Supporter
Jan 24, 2008
9,566
2,493
6 hours south of the Golden Dome of the University
✟511,642.00
Country
United States
Faith
Pentecostal
Marital Status
Married
Politics
US-Others
How is having representation of labor on a board not a labor condition? Why is “labor condition” so narrow as to only cover safety issues? Why is not any condition under which one works a "labor condition"?


This is funny. You can lean on legal precision when it suits you, but throw around purely subjective jabs when it suits you, too. Your claims are as irrational and, thus far, as unsupported as you claim mine are.

Oh? Really? It’s logical to treat the phrase “labor condition” as synonymous with sitting on the board of directors? That’s nonsense man and you know it. It’s illgocal to equate the conditions in which people labor with sitting on the board of directors. If you think otherwise, then commence with the ineluctable argument equating the two.

Labor conditions, as understood by examining collective bargaining agreements, business dictionary, some case law, scholar articles (on JSTOR), ILO, doesn’t have inclusion on the board of directors. But despite those sources, the colloquial, everyday, common sense meaning of “labor conditions” refers to those situations, circumstances, environment, in which one/people labor. Hardly surprising since labor conditions is used interchangeably with the phrase of “working conditions.”

To avoid any further confusion, those two phrases refer to pay, hours worked, the environment (such as safety hazards, making the place more safe, reducing/eliminating hazards, providing safety equipment, etcetera) amenities (bathrooms, kitchen,) breaks, length of breaks.

But proceed with this Alice in Wonderland, Humpty Dumpty argument of words and phrases mean whatever you say they do. Up next, your redefining of the word redefining such that you are never redefining.

And while I’m at it, you’ve yet to inform me as to your source for the meaning of commerce and regulate. Gonna come up with a novel meaning for those words as well?

How is having representation of labor on a board not a labor condition? Why is “labor condition” so narrow as to only cover safety issues? Why is not any condition under which one works a "labor condition"

All questions your argument should be answering, and hasn’t, which is part of the problem. Hence, your argument which is a reason why your argument isn’t irrational at the moment. Attempting to justify your under developed argument by making the false claim my argument is as irrational as your own is baseless.

Who knew the members of the board of directors for every single company, for as long as they’ve existed, were part and parcel of labor conditions! Including the rich fat cats. Wow! Who knew they were part of the labor movement and participating in labor conditions for the working man. No one, except you.
 
Last edited:
Upvote 0

iluvatar5150

Well-Known Member
Aug 3, 2012
25,285
24,188
Baltimore
✟557,712.00
Country
United States
Faith
Christian
Marital Status
Married
Politics
US-Democrat
Oh? Really? It’s logical to treat the phrase “labor condition” as synonymous with sitting on the board of directors?

That’s nonsense man and you know it. It’s illgocal to equate the conditions in which people labor with sitting on the board of directors. If you think otherwise, then commence with the ineluctable argument equating the two.

"Synonymous" is your word, not mine. I argue that "labor conditions" is a large umbrella and can cover a number of different aspects of the work environment of which "representation on a board" would be but one example. Therefore, "representation" would be a subset of, not equal to, "labor conditions".

Labor conditions, as understood by examining collective bargaining agreements, business dictionary, some case law, scholar articles (on JSTOR), ILO, doesn’t have inclusion on the board of directors.

Perhaps not in this country, but AFAIK, such representation is much more common place in other countries like Germany.

But even here in the US, do any of these sources explicitly exclude board representation from falling under the umbrella "labor conditions" or have they merely not yet explicitly included the term?

But despite those sources, the colloquial, everyday, common sense meaning of “labor conditions” refers to those situations, circumstances, environment, in which one/people labor. Hardly surprising since labor conditions is used interchangeably with the phrase of “working conditions.”

Right, the conditions under which a person works. Why is their representation on the board (or lack thereof), which affords them a say in the course of the employer for which they work, not a "working condition"?

To avoid any further confusion, those two phrases refer to pay, hours worked, the environment (such as safety hazards, making the place more safe, reducing/eliminating hazards, providing safety equipment, etcetera) amenities (bathrooms, kitchen,) breaks, length of breaks.

that describes all of the conditions under which one labors,

Unless you can provide some sort of concrete support for your position that board representation is excluded from the umbrella of "labor conditions", then I don't accept your still-unsupported assertion that the definition has to be that narrow.

But proceed with this Alice in Wonderland, Humpty Dumpty argument of words and phrases mean whatever you say they do. Up next, your redefining of the word redefining such that you are never redefining.

Oh yay, more jabs. Mr. LawyerMan runs around dumping on other people's opinions while making all sorts of unsupported assertions himself. Why should I believe that any of your opinions aren't being pulled out of your own... imagination?

And while I’m at it, you’ve yet to inform me as to your source for the meaning of commerce and regulate. Gonna come up with a novel meaning for those words as well?

I've already withdrawn the claim about hiring as commerce because I don't want to argue it.

All questions your argument should be answering, and hasn’t, which is part of the problem. Hence, your argument which is a reason why your argument isn’t irrational at the moment. Attempting to justify your under developed argument by making the false claim my argument is as irrational as your own is baseless.

There's nothing under-developed about my argument - heck, there's barely any argument to develop. I say that my (in)ability as a worker to influence my employer via a board representative is one condition under which I work; and in that respect, that influence is no different than any other condition under which I work, including: how much I get paid, how frequently I get reviews, processes for reporting and appealing HR violations, or any number of other things.

Thus far, your responses to my claim have been no more substantive than "nuh uh". If you want to point out laws or decisions that show I'm wrong (or, if the situation is still ambiguous, that suggest that future court decisions would not side with my opinion), then have at it. I'll read them. I'm man enough to admit when I'm wrong. But ridiculing my position while providing nothing to support yours not only does nothing to convince me, it also undermines whatever credibility I may have extended you.

Who knew the members of the board of directors for every single company, for as long as they’ve existed, were part and parcel of labor conditions! Including the rich fat cats. Wow! Who knew they were part of the labor movement and participating in labor conditions for the working man. No one, except you.

Well, counselor, if I'm so obviously wrong then you ought to be able to make a better argument than some silly strawman like that.
 
Last edited:
Upvote 0

Pommer

CoPacEtiC SkEpTic
Sep 13, 2008
16,582
10,419
Earth
✟142,373.00
Country
United States
Faith
Deist
Marital Status
In Relationship
Politics
US-Democrat
Synonymous" is your word, not mine. I argue that "labor conditions" is a large umbrella and can cover a number of different aspects of the work environment of which "representation on a board" would be but one example. Therefore, "representation" would be a subset of, not equal to, "labor conditions".
Some folks cannot accept that, maybe the nature of capital v labor, need not be “adversarial” but cooperative.
Such as it is in, oh, say, Germany.

This is more a cultural thing than anything rational, though defending the status quo, is top and center for Conservatives.
 
Upvote 0

Pommer

CoPacEtiC SkEpTic
Sep 13, 2008
16,582
10,419
Earth
✟142,373.00
Country
United States
Faith
Deist
Marital Status
In Relationship
Politics
US-Democrat
"Synonymous" is your word, not mine. I argue that "labor conditions" is a large umbrella and can cover a number of different aspects of the work environment of which "representation on a board" would be but one example. Therefore, "representation" would be a subset of, not equal to, "labor conditions".



Perhaps not in this country, but AFAIK, such representation is much more common place in other countries like Germany.

But even here in the US, do any of these sources explicitly exclude board representation from falling under the umbrella "labor conditions" or have they merely not yet explicitly included the term?



Right, the conditions under which a person works. Why is their representation on the board (or lack thereof), which affords them a say in the course of the employer for which they work, not a "working condition"?



Unless you can provide some sort of concrete support for your position that board representation is excluded from the umbrella of "labor conditions", then I don't accept your still-unsupported assertion that the definition has to be that narrow.



Oh yay, more jabs. Mr. LawyerMan runs around dumping on other people's opinions while making all sorts of unsupported assertions himself. Why should I believe that any of your opinions aren't being pulled out of your own... imagination?



I've already withdrawn the claim about hiring as commerce because I don't want to argue it.



There's nothing under-developed about my argument - heck, there's barely any argument to develop. I say that my (in)ability as a worker to influence my employer via a board representative is one condition under which I work; and in that respect, that influence is no different than any other condition under which I work, including: how much I get paid, how frequently I get reviews, processes for reporting and appealing HR violations, or any number of other things.

Thus far, your responses to my claim have been no more substantive than "nuh uh". If you want to point out laws or decisions that show I'm wrong (or, if the situation is still ambiguous, that suggest that future court decisions would not side with my opinion), then have at it. I'll read them. I'm man enough to admit when I'm wrong. But ridiculing my position while providing nothing to support yours not only does nothing to convince me, it also undermines whatever credibility I may have extended you.



Well, counselor, if I'm so obviously wrong then you ought to be able to make a better argument than some silly strawman like that.
They’ll fight “labor on the board” tooth and nail until it becomes apparent (through productivity increases and better worker satisfaction), that “this is better”!
 
Upvote 0
This site stays free and accessible to all because of donations from people like you.
Consider making a one-time or monthly donation. We appreciate your support!
- Dan Doughty and Team Christian Forums

Francis Drake

Returning adventurer.
Apr 14, 2013
4,000
2,508
✟184,952.00
Country
United Kingdom
Faith
Christian
Marital Status
Married
Politics
UK-Independence-Party
In Appeal to Moderates, Bernie Calls for Worker-Ownership of Means of Production

Bernie just keeps bringing what the people want and that's why he will be our next president. Bernie 2020!!!!

Exodus20v17“You shall not covet your neighbor’s house. You shall not covet your neighbor’s wife, or his male or female servant, his ox or donkey, or anything that belongs to your neighbor.”

The whole basis of socialism is covetousness. Looking at someone else's house, business car, and voting for a man who promises to take it from the owner and give it to you.

Great theology, Lol!
 
Upvote 0

Pommer

CoPacEtiC SkEpTic
Sep 13, 2008
16,582
10,419
Earth
✟142,373.00
Country
United States
Faith
Deist
Marital Status
In Relationship
Politics
US-Democrat
Exodus20v17“You shall not covet your neighbor’s house. You shall not covet your neighbor’s wife, or his male or female servant, his ox or donkey, or anything that belongs to your neighbor.”

The whole basis of socialism is covetousness. Looking at someone else's house, business car, and voting for a man who promises to take it from the owner and give it to you.

Great theology, Lol!
The United States is a based on consumerism. As such, covetousness is a feature, not a bug.
 
  • Like
Reactions: iluvatar5150
Upvote 0

Francis Drake

Returning adventurer.
Apr 14, 2013
4,000
2,508
✟184,952.00
Country
United Kingdom
Faith
Christian
Marital Status
Married
Politics
UK-Independence-Party
As Kennedy once said, "We cannot negotiate with people who say what's mine is mine and what's yours is negotiable."

As Churchill once said, "The trouble with socialism is that you always end up running out of other people's money!"
 
Upvote 0

NotreDame

Domer
Site Supporter
Jan 24, 2008
9,566
2,493
6 hours south of the Golden Dome of the University
✟511,642.00
Country
United States
Faith
Pentecostal
Marital Status
Married
Politics
US-Others
you can provide some sort of concrete support for your position that board representation is excluded from the umbrella of "labor conditions", then I don't accept your still-unsupported assertion that the definition has to be that narrow.











There's nothing under-developed about my argument - heck, there's barely any argument to develop. I say that my (in)ability as a worker to influence my employer via a board representative is one condition under which I work; and in that respect, that influence is no different than any other condition under which I work, including: how much I get paid, how frequently I get reviews, processes for reporting and appealing HR violations, or any number of other things.

Thus far, your responses to my claim have been no more substantive than "nuh uh". If you want to point out laws or decisions that show I'm wrong (or, if the situation is still ambiguous, that suggest that future court decisions would not side with my opinion), then have at it. I'll read them. I'm man enough to admit when I'm wrong. But ridiculing my position while providing nothing to support yours not only does nothing to convince me, it also undermines whatever credibility I may have extended you.



Well, counselor, if I'm so obviously wrong then you ought to be able to make a better argument than some silly strawman like that.

Synonymous" is your word, not mine. I argue that "labor conditions" is a large umbrella and can cover a number of different aspects of the work environment of which "representation on a board" would be but one example. Therefore, "representation" would be a subset of, not equal to, "labor conditions".

That’s your meaning. Unfortunately, your mythical meaning doesn’t exist anywhere else. That’s the problem. “Representations on a board” isn’t anything like the recognized conditions of work environment, which for most people would be the first clue they aren’t discussing the same thing. Neither is representation on a board” a “subset” of the phrase “labor conditions” since the subset doesn’t match the meaning of “labor condition.”

Even the case you cited, U.S. v Darby, doesn’t treat “labor conditions” as anything close to your contrived meaning. In U.S. v Darby, the reference to labor conditions is in the manner consistent with the meaning I’ve provided, as the Court and Congress was treating “wages” as a labor condition.

Simply, you aren’t entitled just to make up meanings to support your argument. However, in the sport of your undaunted but misguided effort to make up meanings for phrases, I’ll play along.

I, like you, now forever do declare, and say, that labor conditions doesn’t include representation on the board and neither is sitting on the board a subset of labor conditions.

The point I’m making is to emphasize the rational futility of making up meanings to phrases, like you’ve done, when the phrase has already acquired a meaning. You aren’t ever entitled to your own meaning.

You have confused labor conditions with condition of employment.

Perhaps not in this country, but AFAIK, such representation is much more common place in other countries like Germany.

Irrelevant. Their example doesn’t tell me about the legality of Bernie’s proposal, and neither is it treated as a labor condition. Rather, it’s treated as a condition of employment.

But even here in the US, do any of these sources explicitly exclude board representation from falling under the umbrella "labor conditions" or have they merely not yet explicitly included the term?

Exclusion exists based on the meaning of the phrase, just as exclusion of a circle exists from the meaning of a square. Just as the meaning of the phrase “freedom of speech” in the U.S. Constitution excludes libel, slander, true threats, intimidation, incitement. So, yes, your special and unique meaning that you’ve conjured up is excluded by the meaning of the phrase.

Unless you can provide some sort of concrete support for your position that board representation is excluded from the umbrella of "labor conditions", then I don't accept your still-unsupported assertion that the definition has to be that narrow.

You mean like the sources in my post that you made reference to?

Nice fallacy of burden shifting though. You have the burden of showing your meaning is that broad. You haven’t done it.

The fact is, I can find NO SOURCE in a Google search that has a meaning of labor conditions that would include sitting on the board of directors, and every source I’ve encountered has a meaning that doesn’t include your meaning.

Your meaning has no basis in the historical record. None. This because you’ve made up anmeaning. Bravo for creativity.

Oh yay, more jabs. Mr. LawyerMan runs around dumping on other people's opinions while making all sorts of unsupported assertions himself. Why should I believe that any of your opinions aren't being pulled out of your own... imagination?

Because I cited to sources. Those sources can be found by a simple Google search. A Google search provides NOTHING to support your meaning. Nothing. A Google search does provide a plethora of sources defining labor conditions, the meaning is identical or similar to the other sources, which is to say the sources share the same or similar meaning, and NO source has anything close to your meaning.

I've already withdrawn the claim about hiring as commerce because I don't want to argue it.

A prudent decision as I suspect you’d have to, once again, make up a meaning of the word “commerce.”

My prior comment about your modus operandi of argument is correct and accurate, you begin with an outcome, of where you want to go, and make up meanings of words and phrases to get you there. It’s a terribly irrational way to argue.

Thus far, your responses to my claim have been no more substantive than "nuh uh"

Not paying attention now? I cited to the business dictionary, collective bargaining agreements, and more. Even U.S. v Darby is treating the phrase in a manner that agrees with the meaning I’ve given here.

I say that my (in)ability as a worker to influence my employer via a board representative is one condition under which I work

I’ve yet to find any source treating that as a “labor condition.” All you’ve done is merely regurgitated your own special meaning above. Not every condition in existence at a business “under which you work” constitutes as a labor condition. Based on your logic, there’s NOTHING about a business that can’t be a labor condition, which is just nonesense.

The fact the company stock is private is a condition “under which you labor.” The fact the company stock is public is a condition “under which you labor.” The number of shares of stock for possession/sale/trading, is a condition “under which you labor.” The fact the business you work act is located in a specific city is a condition “under which you labor.” What to make and produce, and how much to make, are conditions under “which you labor.” Yet, those aren’t “labor conditions.”

Your reasoning can pervert the phrase labor conditions to mean essentially the laborers should have a say in everyone of those examples I cited above, thereby justifying the government taking away private property, businesses/factories, from the person/people who own/possess the private property, and convert it to a collective co-op.
 
Upvote 0

NotreDame

Domer
Site Supporter
Jan 24, 2008
9,566
2,493
6 hours south of the Golden Dome of the University
✟511,642.00
Country
United States
Faith
Pentecostal
Marital Status
Married
Politics
US-Others
Some folks cannot accept that, maybe the nature of capital v labor, need not be “adversarial” but cooperative.
Such as it is in, oh, say, Germany.

This is more a cultural thing than anything rational, though defending the status quo, is top and center for Conservatives.

Do ya think it’s more cultural? What gave that away? Was it the fact the U.S. has a different constitution than Germany, vesting different powers to the government, and the debate here is whether the U.S. Constitution vests any power to Congress to enact his proposal.

Of course it’s cultural, we are discussing the lawful powers of Congress in a specific area. The last I checked, there not being a global, world wide government with universal and global laws governing all nations, laws varied by nation, each nation having its own distinct and varied culture and culture of laws.

I’m not advocating for or against an adversarial relationship between labor and capitalists.
 
Upvote 0
This site stays free and accessible to all because of donations from people like you.
Consider making a one-time or monthly donation. We appreciate your support!
- Dan Doughty and Team Christian Forums

Pommer

CoPacEtiC SkEpTic
Sep 13, 2008
16,582
10,419
Earth
✟142,373.00
Country
United States
Faith
Deist
Marital Status
In Relationship
Politics
US-Democrat
Do ya think it’s more cultural? What gave that away? Was it the fact the U.S. has a different constitution than Germany, vesting different powers to the government, and the debate here is whether the U.S. Constitution vests any power to Congress to enact his proposal.

Of course it’s cultural, we are discussing the lawful powers of Congress in a specific area. The last I checked, there not being a global, world wide government with universal and global laws governing all nations, laws varied by nation, each nation having its own distinct and varied culture and culture of laws.

I’m not advocating for or against an adversarial relationship between labor and capitalists.
I enjoy your opinions, even when I disagree with some of them.

On this subject I’m tending to agree with you, in that a Constitutional Amendment may be necessary for this proposal to be implemented as the “commerce clause” is too vague for such an intrusive demand from the Federal Government on private enterprise...but still, playing the devil’s advocate gets all the little corners nailed down.
 
Upvote 0

iluvatar5150

Well-Known Member
Aug 3, 2012
25,285
24,188
Baltimore
✟557,712.00
Country
United States
Faith
Christian
Marital Status
Married
Politics
US-Democrat
That’s your meaning. Unfortunately, your mythical meaning doesn’t exist anywhere else. That’s the problem. “Representations on a board” isn’t anything like the recognized conditions of work environment, which for most people would be the first clue they aren’t discussing the same thing. Neither is representation on a board” a “subset” of the phrase “labor conditions” since the subset doesn’t match the meaning of “labor condition.”

Again, says you.

Even the case you cited, U.S. v Darby, doesn’t treat “labor conditions” as anything close to your contrived meaning. In U.S. v Darby, the reference to labor conditions is in the manner consistent with the meaning I’ve provided, as the Court and Congress was treating “wages” as a labor condition.

I only have access to the final decision in US v Darby, and as far as that goes, it doesn't contain any definitions at all. The original text of the FSLA doesn't explicitly define "labor conditions" and doesn't restrict the definition of the term to just the matters that the law dealt with (i.e. child labor, minimum wages, and overtime). It merely describes those matters as a subset of labor conditions and leaves the full extent of "labor conditions" undefined.

Simply, you aren’t entitled just to make up meanings to support your argument.

Nor are you entitled to just make up restrictions to definitions.

I, like you, now forever do declare, and say, that labor conditions doesn’t include representation on the board and neither is sitting on the board a subset of labor conditions.

okay

The point I’m making is to emphasize the rational futility of making up meanings to phrases, like you’ve done, when the phrase has already acquired a meaning. You aren’t ever entitled to your own meaning.

If your whole argument is "I don't like your definition", that's fine.

You have confused labor conditions with condition of employment.

Irrelevant. Their example doesn’t tell me about the legality of Bernie’s proposal, and neither is it treated as a labor condition. Rather, it’s treated as a condition of employment.

Okay, for the sake of argument, let's say that I have confused "labor conditions" with "condition of employment" and that, in this case, the distinction matters. (There seems to be much overlap between the two phrases, for example, with the original FLSA using "labor conditions" to cover wages, among other things, while other laws use "conditions of employment" to describe the things for which employees can collectively bargain, including wages)

But, again, let's suppose the distinction matters. The government can also regulate "conditions of employment", can it not? I fail to see the problem.


You mean like the sources in my post that you made reference to?

What sources? This?

"collective bargaining agreements, business dictionary, some case law, scholar articles (on JSTOR), ILO"

I can claim that some book somewhere says something, too.

Nice fallacy of burden shifting though. You have the burden of showing your meaning is that broad. You haven’t done it.

I've described the meaning of the words themselves. You've yet to point to a single specific source refuting even the feasibility of my interpretation.

]
The fact is, I can find NO SOURCE in a Google search that has a meaning of labor conditions that would include sitting on the board of directors, and every source I’ve encountered has a meaning that doesn’t include your meaning.

And yet you haven't named a single one.

Because I cited to sources. Those sources can be found by a simple Google search. A Google search provides NOTHING to support your meaning. Nothing. A Google search does provide a plethora of sources defining labor conditions, the meaning is identical or similar to the other sources, which is to say the sources share the same or similar meaning, and NO source has anything close to your meaning.

And yet, when I search google, I find sources that treat the phrase as a vague umbrella term that could cover lots of things:

Working conditions
Working conditions are at the core of paid work and employment relationships. Generally speaking, working conditions cover a broad range of topics and issues, from working time (hours of work, rest periods, and work schedules) to remuneration, as well as the physical conditions and mental demands that exist in the workplace.

A Definition of "Conditions of Labor" on JSTOR

What is meant by the terms wages and hours is of course clear, but the phrase "working conditions" (as well as its equivalents "conditions of employment" and "conditions of labor") is distinctly ambiguous. Many indeed regard this phrase as similar to the "necessary and proper" clause in the federal constitution, thus giving elastic powers to the joint body created to administer the program.

That second link is pretty interesting. I can't c&p it, and I'm not going to type out the rest, but the gist is that the author finds the term frustratingly vague and proposes defining it more clearly. He lists things that he believes are pretty clearly covered by the phrase, and then some that are a little more grey and that will probably be settled by the parties themselves. Among those grey areas is the amount of control that the workers have over the foremen and over the industry itself. That strikes me as awfully similar to board representation.

My prior comment about your modus operandi of argument is correct and accurate, you begin with an outcome, of where you want to go, and make up meanings of words and phrases to get you there. It’s a terribly irrational way to argue.

I don't really care where the argument goes. I entered this thread because it's my understanding that the government has broad authority (either via explicit law or legal decisions) to regulate a host of business activities far more banal and minute than what Bernie was describing. I was legitimately surprised when you took such a hard stance against something I thought was so obvious.
 
Upvote 0

NotreDame

Domer
Site Supporter
Jan 24, 2008
9,566
2,493
6 hours south of the Golden Dome of the University
✟511,642.00
Country
United States
Faith
Pentecostal
Marital Status
Married
Politics
US-Others
You've pointed out differences, but failed to explain how they're important in this situation. I mean, yeah,every situation is different but that doesn't mean that the more obvious similarities go away.



Yeah, they could decide in a way which fits with how you wish things worked. Or maybe not. But that's a far cry from the claim that this is clearcut.


Because in one case it sets requirements for how businesses shall compensate employees in exchange for their labor, and in the other is sets requirements for how businesses shall compensate employees for their labor.

You've pointed out differences, but failed to explain how they're important in this situation. I mean, yeah,every situation is different but that doesn't mean that the more obvious similarities go away.

The power is to regulate interstate commerce. The power isn’t to regulate those who participate in interstate commerce. That’s the difference.

Because in one case it sets requirements for how businesses shall compensate employees in exchange for their labor, and in the other is sets requirements for how businesses shall compensate employees for their labor.

Not really. Bernie’s proposal of mandatory presence on a board of directors isn’t espoused as a compensation for labor performed, and the same is true for mandatory creation of a stock fund for the employees. Both are done to give employees more control over a private corporation.
 
Upvote 0

iluvatar5150

Well-Known Member
Aug 3, 2012
25,285
24,188
Baltimore
✟557,712.00
Country
United States
Faith
Christian
Marital Status
Married
Politics
US-Democrat
The power is to regulate interstate commerce. The power isn’t to regulate those who participate in interstate commerce. That’s the difference.

Unless I'm just grossly misunderstanding what you're saying, that statement appears to run completely counter to Darby. The whole thing is about how Congress can regulate firms that engage in interstate commerce whether or not the specific thing being regulated is, itself "interstate commerce". The decision even acknowledges the authority of Congress to regulate intrastate commercial activities that impact interstate commerce.
 
  • Agree
Reactions: ArmenianJohn
Upvote 0
This site stays free and accessible to all because of donations from people like you.
Consider making a one-time or monthly donation. We appreciate your support!
- Dan Doughty and Team Christian Forums

KCfromNC

Regular Member
Apr 18, 2007
28,643
15,977
✟486,722.00
Faith
Atheist
Marital Status
Private
The power is to regulate interstate commerce. The power isn’t to regulate those who participate in interstate commerce. That’s the difference.

Seems like an argument against workplace safety standards. After all the people being maimed by industrial accidents are the those who participate in interstate commerce, and there's no way (apparently) to regulate that.

Meanwhile, back here in reality I'm not sure how well your argument would stand up against reality.

Not really. Bernie’s proposal of mandatory presence on a board of directors isn’t espoused as a compensation for labor performed, and the same is true for mandatory creation of a stock fund for the employees. Both are done to give employees more control over a private corporation.

Weird, my employer makes a point of including the stock they grant me in my total compensation calculations. But what do the people who run the compensation paid by a private corporation know about compensation paid by a private corporation?
 
  • Like
Reactions: ArmenianJohn
Upvote 0