The Wall Street
Journal editors hate. They hate Mr.
Obama, they hate Democrats, they hate minorities (except for the token
Conservatives in those groups) and they hate France . But most of all they hate unions. And the emotion of hate can so blind opinion
writers at the WSJ that they inadvertently support that which they hate.
Case in point is an opinion
piece by Paul Christianson that advocates small employers avoid the ACA health
care law by keeping employment under 50.
The way to do this, says
Mr. Christianson is for the companies to have their employees form
corporations and then the employer simply contracts for services with the
corporation. No employees, no need to
provide health care insurance.
Owners
of protean companies create a core of strategic employees who manage the
big-picture elements of the enterprise—the culture, business model, product
mix, vision, strategy, etc. This core then outsources the business tasks to
other corporations.
Non-core
tasks could include things like accounting, marketing, product development,
manufacturing, IT, PR, legal, finance, etc. There is almost nothing that cannot
be outsourced—including even the CEO function (which can already happen, e.g.,
when a company is in turnaround.)
Wow, what a great idea, here’s how it would work.
In the context of
ObamaCare, a small business could go protean by offering current employees
contracts for doing their current work as a corporate entity instead of as an
employee. Entrepreneurial employees will jump at the chance to form a
corporation and run their own business. Non-entrepreneurial employees can
choose to move on and find other work—or work hard to join the core company.
Going protean
won't work without a massive mental shift. A company no longer manages
employees, but tasks and contracts instead—a quantum leap in management styles
and process.
Okay everybody, let’s see what is going on with
this. A company does not have employees, there is a corporation that hired employees and then the corporation contracts
with the company. The contract would obviously
describe the compensation, duties, protections etc that the employees of the
corporation of employees would have.
Gosh, what does this sound like?
It’s a union contract, the employees are
now unionized without the union name you idiot.
That’s right what you have here is a union and a unionized work
force in every aspect except the name And this type of union would be free to
operate without the current government controls which restrict union activity,
as Mr. Christianson points out.
When
a person is an employee, he or she is, by definition, in partnership with the
government—the Equal Employment Opportunity
Commission, the Occupational Safety and Health Administration, etc.—and is
subject to all the government's regulations. But when a protean corporation
enters into a relationship with that same person, now a corporation, it is a
purely contractual relationship with a fellow enterprise. As long as there is
no fraud or breach of contract, and the agreement is legal, the government
really has nothing to say.
So the union, now called a corporation can keep
money, formerly called union dues, from everyone. And everyone working now has to join the
union-now-called-corporation, so goodbye all those so-called Right to Work
laws. And the corporation/union makes the hiring decision. This is not the Closed Shop that all employers hate, it is the Closed Closed Shop.
This proposal is a union organizer’s dream come
true. And since white collar workers
would now be effectively unionized, all of the union organization attempts for those workers (and for any non-union companies) that costs
money, takes time and requires Federally supervised elections would be
gone. Instant unions!!
And the thing that makes the rest of us nearly split
a gut laughing, Mr. Christianson and the WSJ have no idea that what they are
proposing and supporting is diametrically opposed to their core beliefs. Really, how stupid can they get! (Answer, we don't know, apparently they have not reached the limit yet.)
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