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  • Don't Let Government Lawyers Run American Businesses

    Last year Former South Dakota senator and 1972 Democratic presidential nominee George McGovern came out against the Orwellian named “Employee Free Choice Act” because it would destroy a worker’s right to secret ballot elections.

    This week, McGovern has another op-ed, this time explaining how the binding arbitration portions of EFCA enable the federal government to take control of basic management decisions for every American business.

    This feature would give the government the power to step into labor disputes where employers and labor leaders cannot reach an agreement and compel both sides to accept a contract. Compulsory arbitration is bound to trigger the law of unintended consequences.

    In a contract negotiation, each party typically perceives the other as too demanding. But no one loses their right to contract willingly or suffers being forced to agree to anything. Employees can strike if they feel that they have been dealt with unfairly, but it is a costly option. Employers are free to reject labor demands they find to be too difficult to accept, but running a business without experienced employees is itself difficult. Both sides have an incentive to press their demands, but they also have compelling reasons not to press their demands too far. EFCA would disrupt that balance by enabling government-appointed lawyers to decide what they believe is fair or reasonable.

    A federally appointed arbitrator cannot be expected to understand the nuances specific to each business dispute, the competitive market position of the business, or the plethora of other factors unique to each case. Yet fundamental decisions on wages and benefit costs, rules for promotions, or even rules for exiting an unprofitable line of business could fall to federal arbitrators under EFCA.

    My perspective on the so-called Employee Free Choice Act is informed by life experience. After leaving the Senate in 1981, I spent some time running a hotel. It was an eye-opening introduction to something most business operators are all-too familiar with — the difficulty of controlling costs and setting prices in a weak economy. Despite my trust in government, I would have been alarmed by an outsider taking control of basic management decisions that determine success or failure in a business where I had invested my life savings.

    Posted in Economics [slideshow_deploy]

    5 Responses to Don't Let Government Lawyers Run American Businesses

    1. Spiritof76, New Hamp says:

      I applaud Mr. McGovern for speaking against the Marxist ideology entrenched in the so-called EFCA.

      It clearly shows why people that have never "earned" a living by providing products or services should not be allowed to run the government. Mr.McGovern was a professor when he entered politics and was largely shielded from the hard realities of private enterprise. I am so glad that he recognized it later on with his attempt to run a hotel.

      Again, our Founders are correct. Government must be subservient to its people and not the other way around.

    2. Charlie Fugate, Abin says:

      While Mr. McGovern is spot on in his take, the key phrase he uses is, "Despite my trust in government." I have mentioned it before, but this is the rub for conservatives. We don't trust government to do things for us that we can do for ourselves.

    3. cris, CA says:

      Keep government out of business! All the government knows how to do is tax and spend; it does not know how to manage people, balance a budget,make a $ profit; heck, when the government has the freedom to spend other people's money, money the government hasn't had to work for, the sky's the limit, or so it seems lately.

    4. Barb -mn says:

      It's time to draw the line. Government needs to know what their job is and stay out of the businesses of the private sector and eliminate GOVERNMENT LAWYERS as the American governments of today, is significantly beyond corrupt.

      It's not about "we" as the president often speaks. He can speak for government but he does not speak for me. He can use his time doing HIS JOB. Stop going out of his way to ruin ours!

    5. Dave - mn says:

      In the sixties, I spent six years as a City Mgr. in Cook County, IL. As such, we hired professionals to run the city administration (i.e. architects, engineers). "Run government like a business" was the motto! The elected officials were policy-makers, and we ran the administration. I appreciate McGovern's recent obversations. But, for the last 40 yrs. the policy-makers have become directly involved in the administration of that policy without direct responsibility for those decisions. Unionization of government workers is another problem!

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