HB 18-2: Co-determination Act of 2019 (Passed)

[Esteemed Jimmy]

Co-determination Act of 2019

HOUSE BILL

To provide a platform for corporate changes

Section 1: Co-determination
 
1. All public companies, private limited liability companies, and private-public partnerships with over 1,000 employees represented by a labor union will be invited to establish a two-tiered system through a national pilot program to determine the effectiveness of increased workforce participation in the management of these entities.
 
2. Those companies who agree to take part in the terms of section 1, will be required to institute an advisory panel made of 40% workforce, 40% existing management and 20% local community representatives. The Board must consist of at least 15 people. All decisions made by the managing Board of the entity must be supported by two-third's majority of the advisory panel. Note that for quorum to exist at least 50% of each group needs to be present to enable votes to proceed.
 
3. The Advisory Panel is entitled to be informed and give advice on Management changes or changes in Board composition. However, the Advisory Panel can only remove Management Board members with a super-majority vote of 75% or higher. Approval of new Board members can be  done through the traditional two-thirds vote. Those entities, whose management Board goes against the decision of the Panel will be liable for an organisational tax penalty of $40,000 per event.
 
4. An ombudsman will be created within the Department of Internal Affairs to make determinations in the event of disagreement between Management and Advisory panels. These decisions will be legally binding on the organisation and all panel members.
 
5. The Advisory Panel will be able to create sub-committees to deal with specific issues arising out of the work of the main panel. These can be created at the discretion of the Panel, but cannot be constituted with one of the original three groupings having greater than 50% of representatives. They will report findings to the main Panel, but will possess no additional voting rights or powers.
 
6. The Advisory Panels will have a life of 24 months from the moment of inception and will provide a report to the Department of Internal Affairs for consideration of further action from the Senate at the conclusion. The reports will be focused on the economic and productivity performance of the business, as well as surveys of workforce satisfaction. Until the Senate has considered the reports and the effectiveness of the program, the Panels can be continued at the discretion of the entity.
 
Section 2: Implementation
 
This legislation shall go into effect 1 January 2020.

People's House of Representatives
Passed in the House of Representatives 6-2-0-1

Sponsor: dfwlibertylover
House Designation: HB 18-2

[Esteemed Jimmy]

H-18.2 is now on the House floor. Debate on this legislation has begun and shall last for no less than 72 hours.

[Terry the Fat Shark]

Greetings comrades, errr representatives, I believe the text is rather straightforward. This is an optional program that various companies can participate in with the help of the government. It helps strengthen the power of the workers and also helps involve communities more in the affairs of corporations who are bringing money to the area and vice versa.

This is all a grand experiment which I remind everyone is optional, I encourage everyone to support this. Out of all fairness this bill was actually passed (though I slightly amended it) in the pre-reset era and signed by then President Lumine: https://uselectionatlas.org/FORUM/index.php?topic=201579.0

Thank you for your time and I hope all Representatives consider supporting this.

[Mr. Reactionary]

Just wanted to verify this version is optional. The TNF bill this was taken from was not optional. DFW amended that language to make it optional.

[Sestak]

Just wanted to verify this version is optional. The TNF bill this was taken from was not optional. DFW amended that language to make it optional.

The version of the TNF bill that actually ended up passing pre-reset had already been amended to make it optional.

[Mr. Reactionary]

Just wanted to verify this version is optional. The TNF bill this was taken from was not optional. DFW amended that language to make it optional.

The version of the TNF bill that actually ended up passing pre-reset had already been amended to make it optional.

That was claimed in the debate but the amended language didn't really reflect that. They changed the word "shall" which is mandatory to "will" which is also mandatory. Perhaps they meant "may" which is not mandatory language, but the version DFW sent me from TNF that passed was textually still mandatory or at least contradictory as it still contained mandatory language.

[Sestak]

Just wanted to verify this version is optional. The TNF bill this was taken from was not optional. DFW amended that language to make it optional.

The version of the TNF bill that actually ended up passing pre-reset had already been amended to make it optional.

That was claimed in the debate but the amended language didn't really reflect that. They changed the word "shall" which is mandatory to "will" which is also mandatory. Perhaps they meant "may" which is not mandatory language, but the version DFW sent me from TNF that passed was textually still mandatory or at least contradictory as it still contained mandatory language.

All public companies, private limited liability companies, and private-public partnerships with over 1,000 employees represented by a labor union will be invited to establish a two-tiered system through a national pilot program to determine the effectiveness of increased workforce participation in the management of these entities.

"will be invited" is not mandatory language. Especially not when paired with the obect "national pilot program".

(This part is taken directly from the final text of the c-dA 2014. Signature here)

[Mr. Reactionary]

Just wanted to verify this version is optional. The TNF bill this was taken from was not optional. DFW amended that language to make it optional.

The version of the TNF bill that actually ended up passing pre-reset had already been amended to make it optional.

That was claimed in the debate but the amended language didn't really reflect that. They changed the word "shall" which is mandatory to "will" which is also mandatory. Perhaps they meant "may" which is not mandatory language, but the version DFW sent me from TNF that passed was textually still mandatory or at least contradictory as it still contained mandatory language.

All public companies, private limited liability companies, and private-public partnerships with over 1,000 employees represented by a labor union will be invited to establish a two-tiered system through a national pilot program to determine the effectiveness of increased workforce participation in the management of these entities.

"will be invited" is not mandatory language. Especially not when paired with the obect "national pilot program".

(This part is taken directly from the final text of the c-dA 2014. Signature here)

Here is where I saw contradictory language:

1. All public companies, private limited liability companies, and private-public partnerships with over 1,000 employees represented by a labor union will be invited to establish a two-tiered system through a national pilot program to determine the effectiveness of increased workforce participation in the management of these entities.

2. Those companies who qualify under section 1, will be required to institute an advisory panel made of 40% workforce, 40% existing management and 20% local community representatives. The Board must consist of at least 15 people. All decisions made by the managing Board of the entity must be supported by two-third's majority of the advisory panel. Note that for quorum to exist at least 50% of each group needs to be present to enable votes to proceed.

Section 1 says that its an "invitation". Section 2 says anyone who qualifies under Section 1 "will be required" to implement the communist boards. I read anyone qualifies under Section 1 to apply to "All public companies, private limited liability companies, and private-public partnerships with over 1,000 employees represented by a labor union." While invitation sounds optional, Section 2 is not clear on if acceptance is required in order to qualify. The main words involved are mandatory: "will be invited"; "will be required" and I don't see clear conditional language requiring voluntary acceptance or a definition of qualified stipulating voluntary acceptance. If I read something like this at my job, I would advise that the language appears mandatory.

The proposal by DFW contains express language that voluntary agreement to participate is required for the regs to apply.

[🐒Gods of Prosperity🔱🐲💸]

I don't understand why any company would willingly subject themselves to these requirements.

[fhtagn]

I don't understand why any company would willingly subject themselves to these requirements.

^^^

[Mr. Reactionary]

I don't understand why any company would willingly subject themselves to these requirements.

^^^

Legally, publicly traded companies would have to amend their articles of incorporation in order to participate. Honestly most corporations and partnerships would, as this is mandating (if agreed to) organizational management not in the organizing docs. A CEO cant just say yes I agree, the governing board would have to amend its organizing docs and bylaws before it can participate.

In all honesty I don't anticipate anyone wanting to participate, but thankfully its voluntary now.

[Terry the Fat Shark]

I don't understand why any company would willingly subject themselves to these requirements.

Wanting to better their image, perhaps some companies actually care about that their workers, a concept I know.

[fhtagn]

I don't have any reason to vote in favor of this, but since it's voluntary and unlikely any company will willingly participate, I don't see a reason to fight it.

[Coastal Elitist]

I don't see why a company would participate in this. Seems like a waste of time. I'll probably vote no

[tmthforu94]

As others have stated, I'm not sure how useful and effective this will be. However, I'm fine with giving it a chance, as I also don't see any negative ramifications passing this would cause. I will sign it if it reaches my desk.

[JGibson]

When the bill comes up to vote, I will probably vote in favor of this bill's passage.

[P. Clodius Pulcher did nothing wrong]

Original! I like it.

[Esteemed Jimmy]

With no debate for the past 48 hours, I motion for a final vote. Representatives have 24 hours for objections.

[🐒Gods of Prosperity🔱🐲💸]

I don't understand why any company would willingly subject themselves to these requirements.

Wanting to better their image, perhaps some companies actually care about that their workers, a concept I know.

If they want to do co-determination, can't they just set it up themselves without the extra burden of government oversight, penalties, etc?

[Terry the Fat Shark]

I don't understand why any company would willingly subject themselves to these requirements.

Wanting to better their image, perhaps some companies actually care about that their workers, a concept I know.

If they want to do co-determination, can't they just set it up themselves without the extra burden of government oversight, penalties, etc?

Government oversight is to ensure all goes smoothly.

[Esteemed Jimmy]

A final vote has begun on this bill. Please vote AYE, NAY, or ABSTAIN.

Co-determination Act of 2019

HOUSE BILL

To provide a platform for corporate changes

Section 1: Co-determination
 
1. All public companies, private limited liability companies, and private-public partnerships with over 1,000 employees represented by a labor union will be invited to establish a two-tiered system through a national pilot program to determine the effectiveness of increased workforce participation in the management of these entities.
 
2. Those companies who agree to take part in the terms of section 1, will be required to institute an advisory panel made of 40% workforce, 40% existing management and 20% local community representatives. The Board must consist of at least 15 people. All decisions made by the managing Board of the entity must be supported by two-third's majority of the advisory panel. Note that for quorum to exist at least 50% of each group needs to be present to enable votes to proceed.
 
3. The Advisory Panel is entitled to be informed and give advice on Management changes or changes in Board composition. However, the Advisory Panel can only remove Management Board members with a super-majority vote of 75% or higher. Approval of new Board members can be  done through the traditional two-thirds vote. Those entities, whose management Board goes against the decision of the Panel will be liable for an organisational tax penalty of $40,000 per event.
 
4. An ombudsman will be created within the Department of Internal Affairs to make determinations in the event of disagreement between Management and Advisory panels. These decisions will be legally binding on the organisation and all panel members.
 
5. The Advisory Panel will be able to create sub-committees to deal with specific issues arising out of the work of the main panel. These can be created at the discretion of the Panel, but cannot be constituted with one of the original three groupings having greater than 50% of representatives. They will report findings to the main Panel, but will possess no additional voting rights or powers.
 
6. The Advisory Panels will have a life of 24 months from the moment of inception and will provide a report to the Department of Internal Affairs for consideration of further action from the Senate at the conclusion. The reports will be focused on the economic and productivity performance of the business, as well as surveys of workforce satisfaction. Until the Senate has considered the reports and the effectiveness of the program, the Panels can be continued at the discretion of the entity.
 
Section 2: Implementation
 
This legislation shall go into effect 1 January 2020.

[Terry the Fat Shark]

AYE

[fhtagn]

Nay

[JGibson]

AYE

[KoopaDaQuick 🇵🇸]

Aye