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Silicon Valley workers may pursue collusion case as group

reuters.com

31–40 of 94 posts

Re: Silicon Valley workers may pursue collusion case as group

#31
post #15

Not that I'm disagreeing with this outcome at all... But if agreeing not to poach is collusion and conspiracy... Then how is it that it's legal for workers to form unions and strike? Isn't that just as much "collusion and conspiracy" from the other side? I mean heck, consumers organizing to boycott a product is a kind of "collusion" and "conspiracy" as well that is just as arguably "anti-market". Is there anyone who…

Yes, if you believe that you can reduce any use of a word down to its most abstract concept giving you the ability to equate anything to anything else. By those standards collusion is also a tomato, a pair of shoes, and my left ear. Very Zen. But, given nobody else thinks this way, then no, unions are not a conspiracy. A conspiracy is pretty much defined as such when everyone involved constantly tells each other "don…

You have misunderstood the analogy.

The issue is not whether the collusion is public or private, and it is also not whether it benefits the rich or the poor.

The issue is that in general it is illegal to reduce competition by forming a cartel. People to it privately because it is illegal. The one exception for this is forming a cartel of sellers of labor, i.e. a union. Note that, if it were not a labor union, a cartel would be illegal even if it was benefiting poor people at the expense or big corporations.

A much better reason for allowing labor unions, is that unless they use physical force (which of course they do, all the time, but I am speaking theoretically here), they don't really create that much market power. People can always choose to work during a strike (again, assuming the union doesn't physically stop them, which is in theory illegal). If unions don't create market power, what is the point of them? I think they can be useful to help management to stick to long-term commitments they make to workers, and to provide an alternate way for workers to be represented in the company.

Re: Silicon Valley workers may pursue collusion case as group

#32

Not that I'm disagreeing with this outcome at all... But if agreeing not to poach is collusion and conspiracy... Then how is it that it's legal for workers to form unions and strike? Isn't that just as much "collusion and conspiracy" from the other side? I mean heck, consumers organizing to boycott a product is a kind of "collusion" and "conspiracy" as well that is just as arguably "anti-market". Is there anyone who…

Apart from the obvious political justifications (people want the union vote) there are some sound reasons why unions are different from cartels like the employers in the article are alleged to have formed.

A cartel is several companies colluding to raise prices above/below the market price.

A labor union might be though of in the same way, but in practice is is very hard for a union to really control the supply of labor, because it is made up of thousands of people. It is only when they are tacitly allowed to use force/violence that unions can effectively prevent strike-breakers.

So given how ineffective they are at permanently raising wages (perhaps they raise wages a bit, but not nearly as much as if they had a true monopoly), unions should probably be allowed since if people choose to join them, they must provide some other benefits, such as representing individual workers with grievances, etc.

Re: Silicon Valley workers may pursue collusion case as group

#33
post #2

Literally so much collusion in the valley it's insane. Maybe I should write an article about it.

Might want to brush up on your use of "literally" first.

Words change their meaning over time. I'm afraid this is something you'll just have to learn to accept.

Re: Silicon Valley workers may pursue collusion case as group

#34
post #28
post #6

Earlier quoted context omitted.

What I'm saying is that while it may seem wrong to poach employees, employers have a greater duty to the workforce than to other companies, ethically.

> employers have a greater duty employers have no duty, but that of making profit. Don't misplace your loyalty, because employers certainly don't place theirs in you (the emoployee).

Do non-profits have no duty at all?

Re: Silicon Valley workers may pursue collusion case as group

#35
post #26

Earlier quoted context omitted.

There are many, many problems here. > Collusion is also not bad unless it's illegal Did it ever occur to you that laws might be passed despite those same laws not being beneficial? In your model of the world, where legal actions are all, by definition, good, how would legislators decide whether or not to enact a prospective law? If we repealed all our antitrust legislation, can I assume you would agree that employer…

Oooh boy, I get to PG you and point you at http://en.wikipedia.org/wiki/Straw_man as my answer for your first comment. Breaks down like this: I said this law is right. You then say I'm saying all laws are by definition good and then attack that restatement of my position, which isn't what I said. Your disagreement on semantics is just plain wrong. If the law they broke is a "conspiracy" law, then the fundamental diff…

I honestly don't know how to respond to this. Here are some of my thoughts.

> I said this law is right.

Here are your words: "Collusion is [...] not bad unless it's illegal, and what we've decided in the US is [...]". Looking at this, and the rest of the comment, I can see that:

1. You can imagine US collusion law being in a state other than what it is ("what we've decided in the US is [...]").

2. The only argument you present is that the conduct described is illegal.

3. You specifically acknowledge that in some sense, the fact that the conduct described is illegal is a coincidence (in modal logic, it is not a necessary truth); it's how the US decided to handle the law.

As the existence of the law is the only argument you presented for the badness of the conduct, I conclude that you are arguing that the conduct is bad because the law prohibits it.

The alternative, that you are asserting with no justification that the conduct is bad, and also remarking, apropos of nothing, that the law prohibits it, violates Grice's maxim of relevance. It also violates the structure of what you said, which was a quite clear statement that if the law does not prohibit collusion, that collusion cannot be bad.

I will happily license you to restrict my comment to the domain of collusion; I'm willing to believe that you did not intend your audience to infer "assassination is not bad unless it's illegal" from "collusion is not bad unless it's illegal". But we are discussing collusion, and everything I said applies there. The example I picked, antitrust law, is specifically related to it, and is even specifically the main topic of the post. So: if the US repealed all its antitrust laws, can I assume you would agree that any collusion formerly prohibited by them was now unobjectionable? If not, would you like to revise your comment?

Finally:

> Your disagreement on semantics is just plain wrong.

Compare to my comment, "I have to agree with the bare semantics here".

> If the law they broke is a "conspiracy" law, then the fundamental difference between what these companies did and what a union does is the "secret" part of a conspiracy.

There is no blanket "conspiracy" law in the US; it would violate the freedom of assembly. For conspiracy to be criminal conduct, the object of the conspiracy needs to be illegal. Therefore, the fundamental difference, as I pointed out before, is not that the companies acted secretly and unions act in the open. If the companies acted in the open, that would still be illegal. The question you're dismissing is, why?

Re: Silicon Valley workers may pursue collusion case as group

#36
post #25

Hmm... so while we have the whole gentrification thing going on, those on the outside of tech are watching us complain that maybe we don't get paid enough. Imagine what the outside-of-tech people think when reading this article. The recession and/or effects of it isn't over for a lot of them. If there was an article about bank or oil company execs complaining that they don't get enough money we'd probably all be expl…

Only people who don't understand that wages come from the value a person produces. Lawyers, doctors, professional athletes, also get high wages and are entitled to them. If you want to adjust income inequality you have to do it across the board, through taxation, not by shaming individual industries.

We get paid so much because we produce that much value. But if these allegations are true, we aren't getting paid enough.

Re: Silicon Valley workers may pursue collusion case as group

#37
post #16

Earlier quoted context omitted.

The reason is that the law attempts to balance power; when there is an imbalance of power, it helps the weaker side. A workers union in itself does not exploit employers. Its purpose is to force a fair distribution of wealth. A collusion of businesses is different, as its goal is to force an unfair distribution of wealth, as workers generally have fewer options than corporations. It's much easier for a corporation to…

"A workers union in itself does not exploit employers." No, pretty much all unions exploit workers via forced due paying. Unions sucks in the same way corporations colluding suck.

The core purpose of unions is to create collective bargaining power, though in many cases, unions have out-lived their usefulness, and are nothing but bureaucratic inertia. I doubt that you would be complaining about the union if, for example, it was improving your working conditions.

Re: Silicon Valley workers may pursue collusion case as group

#38

Not that I'm disagreeing with this outcome at all... But if agreeing not to poach is collusion and conspiracy... Then how is it that it's legal for workers to form unions and strike? Isn't that just as much "collusion and conspiracy" from the other side? I mean heck, consumers organizing to boycott a product is a kind of "collusion" and "conspiracy" as well that is just as arguably "anti-market". Is there anyone who…

In theory, at least, the reconciliation is to side with the little guy. When there's a massive imbalance of power, there's an idea that you will be more restrictive of the powerful side. The theory is that this is in the public's best interests. So, in theory, if you have two giant companies that control 95% of the distribution of widgets, you might decide that they cannot merge into one entity. But if widgets are ma…

That's a great explanation, in theory and in practice. :)

I find it interesting that this would justify a union that represented 1000's of workers, working in just 1 or 2 companies.

But that it would not justify a kind of hypothetical 'union of CEO's' of 100's of workers, working in 100's of companies.

Which makes sense, of course.

Re: Silicon Valley workers may pursue collusion case as group

#39

Not that I'm disagreeing with this outcome at all... But if agreeing not to poach is collusion and conspiracy... Then how is it that it's legal for workers to form unions and strike? Isn't that just as much "collusion and conspiracy" from the other side? I mean heck, consumers organizing to boycott a product is a kind of "collusion" and "conspiracy" as well that is just as arguably "anti-market". Is there anyone who…

One thing that you're also missing here is that (IIRC) employees of one of the colluding companies that applied for a job at another colluding company would be 'reported' and some may have been fired for shopping around for a job elsewhere.

(E.g.) A Google employee sends his/her resume to Apple, then Apple tells Google that said employee is looking for work elsewhere.

Re: Silicon Valley workers may pursue collusion case as group

#40
post #25

Hmm... so while we have the whole gentrification thing going on, those on the outside of tech are watching us complain that maybe we don't get paid enough. Imagine what the outside-of-tech people think when reading this article. The recession and/or effects of it isn't over for a lot of them. If there was an article about bank or oil company execs complaining that they don't get enough money we'd probably all be expl…

If the person reading this is enraged that the hyper-rich aren't empowered to fuck programmers down to minimum-wage serfs, then they're part of the problem.
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