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Author Topic: NE1: Right to Unionize Act (Failed)  (Read 489 times)
SWE, Senator-Elect
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« on: November 19, 2014, 10:18:00 am »
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Right to Unionize Act

1. Article VI of the Northeast Constitution shall be amended to read as follows:

Quote
The people of the Northeast have born unto them certain inalienable rights that shall be protected by law:

1. Freedom of Speech - All persons of the Northeast are bound to their free expression of their ideas and thoughts. No laws shall be passed regulating or restraining the freedom of the press. Free speech of the individual shall be protected by the law with exceptions made for speech and expression which inflicts harm onto another.
2. Equality - All persons of the Northeast are born equal, and shall be treated as so under the law, no matter their age, gender, race or ethnicity, religion, disability, economic status or sexual orientation. No government institution may explicitly favor one group over another.
3. Democracy - The people of the Northeast live in a democracy, and therefore all law-abiding citizens shall be granted the right to vote.
4. Rights of the Accused - In all criminal prosecutions, the accused shall have a right to legal counsel, to demand the nature and cause of the accusation, and have a copy thereof; to have a speedy, public and impartial trial, and, except in trials of impeachment, by a jury of the vicinity. The accused shall not be compelled to furnish or give evidence against himself or herself, nor be deprived of life, liberty, property or privileges, but by judgment of that person's peers or the law of the land.
5. Right to Privacy - All people, in addition to the inalienable rights given to them by this Constitution, shall have the right to privacy. This right is not absolute and can be regulated by the state by appropriate legislation.
6. Right to Unionize – The right of all workers of the Northeast to form a union shall not be infringed.

2. Any business engaging in the subversion of the workers' right to unionize shall lose all funding from the Northeast government.

Sponsor: Governor Sawx

Debate on this bill will last for 72 hours, or until 10:17 AM on Friday, November 19, unless otherwise modified or extended. The sponsor has 36 hours to advocate for this proposed legislation. If he does not, this bill will be tabled as there is other pending legislation in the queue.
« Last Edit: November 26, 2014, 10:49:22 pm by Speaker SWE »Logged

Thomas from NJ
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« Reply #1 on: November 19, 2014, 12:01:11 pm »
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What constitutes infringement here?
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Barnes
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« Reply #2 on: November 19, 2014, 07:26:08 pm »
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I obviously support this in principle, but the wording is far too vague, and the infringement provisions are too fast and loose.

I move the following amendment:
Quote
Right to Unionize Act

1. Article VI of the Northeast Constitution shall be amended to read as follows:

Quote
The people of the Northeast have born unto them certain inalienable rights that shall be protected by law:

1. Freedom of Speech - All persons of the Northeast are bound to their free expression of their ideas and thoughts. No laws shall be passed regulating or restraining the freedom of the press. Free speech of the individual shall be protected by the law with exceptions made for speech and expression which inflicts harm onto another.
2. Equality - All persons of the Northeast are born equal, and shall be treated as so under the law, no matter their age, gender, race or ethnicity, religion, disability, economic status or sexual orientation. No government institution may explicitly favor one group over another.
3. Democracy - The people of the Northeast live in a democracy, and therefore all law-abiding citizens shall be granted the right to vote.
4. Rights of the Accused - In all criminal prosecutions, the accused shall have a right to legal counsel, to demand the nature and cause of the accusation, and have a copy thereof; to have a speedy, public and impartial trial, and, except in trials of impeachment, by a jury of the vicinity. The accused shall not be compelled to furnish or give evidence against himself or herself, nor be deprived of life, liberty, property or privileges, but by judgment of that person's peers or the law of the land.
5. Right to Privacy - All people, in addition to the inalienable rights given to them by this Constitution, shall have the right to privacy. This right is not absolute and can be regulated by the state by appropriate legislation.
6. Right to Unionize – The right of all workers of the Northeast to form a union shall not be infringed.
6. Labor Relations – Everyone has the right to fair labor practices.  Every worker has the right to: form and join a trade union, to participate in the activities and programmes of a trade union, and to strike.  Every employer has the right to: form and join an employers' organization, and to participate in the activities and programmes of an employers' organization. Every trade union and every employers' organisation has the right to: determine its own administration, programmes and activities; to organize; and to form and join a federation. Every trade union, employers’ organisation has the right to engage in collective bargaining. Regional legislation may be enacted to regulate collective bargaining.

2. Any business engaging in the subversion of the workers' right to unionize shall lose all funding from the Northeast government.


The provisions of my amendment are drawn directly from the Constitution of South Africa, one of the most progressive national documents in the world.  It strongly enshrines the right of the worker while allowing for the internal process of negotiation between workers and employers.  The Assembly shall be empowered to regulate collective bargaining and to ensure equal, fair, and transparent negotiations.  

I believe my amendment clarifies the noble intentions of the original legislation and removes any possibility of confusion over interpretation - a problem that beguiles much of our current constitution.
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Dallasfan65
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« Reply #3 on: November 20, 2014, 11:35:37 pm »
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OK.

For a libertarian, I'm actually pretty pro-union. I think that the right to organize goes hand-in-hand with freedom of association. That being said, this seems more a question of policy than a question of constitutional amendments.

Barnes' amendment is a bit better but I'm not sure that there's anything in the Northeast constitution as is that specifically prohibits collective bargaining or unionization. (The Northeast passed some equivalent to right-to-work in 2010 but most of it was gutted by the Supreme Court of Atlasia.)
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Sawx, King in the North
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« Reply #4 on: November 21, 2014, 04:07:21 pm »
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I obviously support this in principle, but the wording is far too vague, and the infringement provisions are too fast and loose.

I move the following amendment:
Quote
Right to Unionize Act

1. Article VI of the Northeast Constitution shall be amended to read as follows:

Quote
The people of the Northeast have born unto them certain inalienable rights that shall be protected by law:

1. Freedom of Speech - All persons of the Northeast are bound to their free expression of their ideas and thoughts. No laws shall be passed regulating or restraining the freedom of the press. Free speech of the individual shall be protected by the law with exceptions made for speech and expression which inflicts harm onto another.
2. Equality - All persons of the Northeast are born equal, and shall be treated as so under the law, no matter their age, gender, race or ethnicity, religion, disability, economic status or sexual orientation. No government institution may explicitly favor one group over another.
3. Democracy - The people of the Northeast live in a democracy, and therefore all law-abiding citizens shall be granted the right to vote.
4. Rights of the Accused - In all criminal prosecutions, the accused shall have a right to legal counsel, to demand the nature and cause of the accusation, and have a copy thereof; to have a speedy, public and impartial trial, and, except in trials of impeachment, by a jury of the vicinity. The accused shall not be compelled to furnish or give evidence against himself or herself, nor be deprived of life, liberty, property or privileges, but by judgment of that person's peers or the law of the land.
5. Right to Privacy - All people, in addition to the inalienable rights given to them by this Constitution, shall have the right to privacy. This right is not absolute and can be regulated by the state by appropriate legislation.
6. Right to Unionize – The right of all workers of the Northeast to form a union shall not be infringed.
6. Labor Relations – Everyone has the right to fair labor practices.  Every worker has the right to: form and join a trade union, to participate in the activities and programmes of a trade union, and to strike.  Every employer has the right to: form and join an employers' organization, and to participate in the activities and programmes of an employers' organization. Every trade union and every employers' organisation has the right to: determine its own administration, programmes and activities; to organize; and to form and join a federation. Every trade union, employers’ organisation has the right to engage in collective bargaining. Regional legislation may be enacted to regulate collective bargaining.

2. Any business engaging in the subversion of the workers' right to unionize shall lose all funding from the Northeast government.


The provisions of my amendment are drawn directly from the Constitution of South Africa, one of the most progressive national documents in the world.  It strongly enshrines the right of the worker while allowing for the internal process of negotiation between workers and employers.  The Assembly shall be empowered to regulate collective bargaining and to ensure equal, fair, and transparent negotiations.  

I believe my amendment clarifies the noble intentions of the original legislation and removes any possibility of confusion over interpretation - a problem that beguiles much of our current constitution.

Friendly.
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SWE, Senator-Elect
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« Reply #5 on: November 21, 2014, 10:16:41 pm »
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The debating period is now over. Representatives will now vote on this bill, as written:

Quote
Right to Unionize Act

1. Article VI of the Northeast Constitution shall be amended to read as follows:

Quote
The people of the Northeast have born unto them certain inalienable rights that shall be protected by law:

1. Freedom of Speech - All persons of the Northeast are bound to their free expression of their ideas and thoughts. No laws shall be passed regulating or restraining the freedom of the press. Free speech of the individual shall be protected by the law with exceptions made for speech and expression which inflicts harm onto another.
2. Equality - All persons of the Northeast are born equal, and shall be treated as so under the law, no matter their age, gender, race or ethnicity, religion, disability, economic status or sexual orientation. No government institution may explicitly favor one group over another.
3. Democracy - The people of the Northeast live in a democracy, and therefore all law-abiding citizens shall be granted the right to vote.
4. Rights of the Accused - In all criminal prosecutions, the accused shall have a right to legal counsel, to demand the nature and cause of the accusation, and have a copy thereof; to have a speedy, public and impartial trial, and, except in trials of impeachment, by a jury of the vicinity. The accused shall not be compelled to furnish or give evidence against himself or herself, nor be deprived of life, liberty, property or privileges, but by judgment of that person's peers or the law of the land.
5. Right to Privacy - All people, in addition to the inalienable rights given to them by this Constitution, shall have the right to privacy. This right is not absolute and can be regulated by the state by appropriate legislation.
6. Labor Relations – Everyone has the right to fair labor practices.  Every worker has the right to: form and join a trade union, to participate in the activities and programmes of a trade union, and to strike.  Every employer has the right to: form and join an employers' organization, and to participate in the activities and programmes of an employers' organization. Every trade union and every employers' organisation has the right to: determine its own administration, programmes and activities; to organize; and to form and join a federation. Every trade union, employers’ organisation has the right to engage in collective bargaining. Regional legislation may be enacted to regulate collective bargaining.


Voting will last for 48 hours or until all representatives have voted.
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Thomas from NJ
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« Reply #6 on: November 23, 2014, 01:33:53 pm »
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Present
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SWE, Senator-Elect
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« Reply #7 on: November 23, 2014, 04:03:11 pm »
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Aye
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Barnes
Roy Barnes 2010
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« Reply #8 on: November 23, 2014, 07:15:05 pm »
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Aye
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SWE, Senator-Elect
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« Reply #9 on: November 23, 2014, 10:33:23 pm »
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The voting period is now over. By a vote of 2-0, this amendment fails.
« Last Edit: November 26, 2014, 10:49:09 pm by Speaker SWE »Logged

Napoleon
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« Reply #10 on: November 24, 2014, 11:56:02 pm »
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No, a constitutional amendment needs at least 3 affirmative votes to pass. This fails.
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When I was in the third grade, I thought that I was Jewish
Because I could count, my nose was big, and I kept my bank account fullish
I told my mom, tears blurring my vision
He said, "Mort, you've loved God since before circumcision"
Barnes
Roy Barnes 2010
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« Reply #11 on: November 25, 2014, 12:19:44 am »
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Article VII
1. Amendments to this Constitution shall be proposed by the Legislative Assembly of the Northeast Region. A proposed Amendment shall be forwarded to be voted upon by the citizens of the Northeast upon an affirmative vote of a majority of voting members of the Legislative Assembly of the Northeast Region and an affirmative vote of a majority of all members of the Legislative Assembly.

That would appear to be the case.  Though I will say the absolutely ridiculous wording of this section is just one more reason why we need to re-write this constitution.
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Napoleon
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« Reply #12 on: November 25, 2014, 12:31:22 am »
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Article VII
1. Amendments to this Constitution shall be proposed by the Legislative Assembly of the Northeast Region. A proposed Amendment shall be forwarded to be voted upon by the citizens of the Northeast upon an affirmative vote of a majority of voting members of the Legislative Assembly of the Northeast Region and an affirmative vote of a majority of all members of the Legislative Assembly.

That would appear to be the case.  Though I will say the absolutely ridiculous wording of this section is just one more reason why we need to re-write this constitution.

what is ridiculous about the wording?
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When I was in the third grade, I thought that I was Jewish
Because I could count, my nose was big, and I kept my bank account fullish
I told my mom, tears blurring my vision
He said, "Mort, you've loved God since before circumcision"
Barnes
Roy Barnes 2010
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« Reply #13 on: November 25, 2014, 10:37:19 am »
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It's needlessly cumbersome and verbose. That whole section could read: "Constitutional amendments shall be forwarded to a referendum if passed by an absolute majority of all seats in the Assembly."
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Napoleon
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« Reply #14 on: November 25, 2014, 11:19:21 am »
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It's needlessly cumbersome and verbose. That whole section could read: "Constitutional amendments shall be forwarded to a referendum if passed by an absolute majority of all seats in the Assembly."

maybe but the wording on this amendment you just voted for is worse and more redundant, dont you think?. :/
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When I was in the third grade, I thought that I was Jewish
Because I could count, my nose was big, and I kept my bank account fullish
I told my mom, tears blurring my vision
He said, "Mort, you've loved God since before circumcision"
Barnes
Roy Barnes 2010
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E: -5.74, S: -6.87

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« Reply #15 on: November 25, 2014, 02:44:13 pm »
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It's needlessly cumbersome and verbose. That whole section could read: "Constitutional amendments shall be forwarded to a referendum if passed by an absolute majority of all seats in the Assembly."

maybe but the wording on this amendment you just voted for is worse and more redundant, dont you think?. :/

I don't think so. The reason for my amendment was to give the language real definition and teeth. As I said before, what I put forward was taken from the Constitution of South Africa, one of the most progressive and modern constitutions in the real world. Of course, it's all academic debate anyway, seeing as the amendment didn't pass. Grin
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