Healthcare

FDA Wants More Lung Cancer

E-Cigarette - FDA Vaping Rules

E-Cigarette – FDA Vaping Rules

The post Bootleggers and Baptists touched on the corrupt bargain now bringing together a coalition to suppress vaping (close to harmless) as a substitute for cigarettes (cause of most lung cancer deaths.)

The FDA has announced their plan to regulate vaping (and cigars, etc.), which seems designed to drive all vaping products off the market — except those provided by Big Tobacco companies. As usual with the FDA, the process for getting approval will be lengthy and costly, when a simple filing of ingredients (and prohibition of dangerous ones) would be cheap and quick. Only the largest companies will be able to afford the approval process.

The New York Times story:

WASHINGTON — The Food and Drug Administration made final sweeping new rules that for the first time extend federal regulatory authority to e-cigarettes, popular nicotine delivery devices that have grown into a multibillion-dollar business with virtually no federal oversight or protections for American consumers.

The 499-page regulatory road map has broad implications for public health, the tobacco industry and the nation’s 40 million smokers. The new regulations would ban the sale of e-cigarettes to Americans under 18 and would require that many people buying them show photo identification to prove their age, measures already mandated in a number of states.

The long-awaited regulations shift the terms of the intense public debate over e-cigarettes, which deliver nicotine without the harmful tar and chemicals that cause cancer. The devices were introduced about a decade ago and have exploded in popularity. There are an estimated 9 million adult e-cigarette users in the United States.

But they have sharply divided American public health experts. The central question is whether they help people stop smoking — or whether they are a gateway to traditional cigarettes, especially for younger people. Health experts in Britain have decided they are effective in helping people quit, and have urged smokers there to switch to them. American experts have been more cautious, warning that they may eventually result in young people moving from vaping to smoking traditional cigarettes.

The answer is important because smoking is still the largest cause of preventable death, with over 480,000 tobacco-related deaths each year in the United States.

The regulations, which will take effect in 90 days, establish oversight of what has been a market free-for-all of products, including vials of liquid nicotine of varying quality and unknown provenance. Finalizing them has taken years. They stem from a major tobacco-control law Congress passed in 2009 and were first proposed in draft form in 2014….

Perhaps the biggest change is a requirement that producers of cigars and e-cigarettes register with the F.D.A., provide the agency with a detailed accounting of their products’ ingredients, and disclose their manufacturing processes and scientific data. Producers will be subject to F.D.A. inspections and will not be able to market their products as “light” or “mild,” unless the F.D.A. allowed them to. Companies will be prohibited from giving out free samples….

The American Vaping Association, a trade group for the industry, seemed to take that view, arguing in a statement on Thursday that the agency had gone too far. “This is not regulation — it is prohibition,” the group said in a statement. It said the process for submitting an application, in terms of number of hours spent, would exceed a million dollars.

But federal health officials countered that the industry will have ample time to respond to the rules. Companies with products on the market now, including vape shops that mix their own liquids, will have two years to submit an application to the F.D.A. for approval of a product. It can stay on the market for another year while the agency reviews the application.

As for the cost, officials and advocates said it was too soon to tell, but added that there was broad agreement — including in federal statute — that the industry needed to be regulated, not unlike the food industry, for example, and that these rules were a thoughtful way to accomplish that. Mr. Zeller. said that until now the industry had been the “wild, wild West.”

…The rules also impose regulations on all tobacco cigars, a tougher move than originally anticipated as the agency was pondering excluding so-called premium cigars….

“At last, the Food and Drug Administration will have basic authority to make science-based decisions that will protect our nation’s youth and the public health from all tobacco products, including e-cigarettes, cigars and hookah,” Harold P. Wimmer, president of the American Lung Association, said in a statement.

The F.D.A. announcement followed a ruling by Europe’s highest court on Wednesday upholding the right of the European Union to place restrictions on the sale of electronic cigarettes. Europe’s rules are to take effect this month.

So based on so-far-unfounded speculation that vaping will induce kids to smoke regular cigarettes, regulators who purport to care about the millions of deaths due to lung cancer will, in effect, make it more difficult and expensive to quit cigarette smoking by using the much-less-harmful e-cigarettes.

I don’t vape and I suspect vaping has some minor negative health effects, but relatively speaking they’ve already been shown to be minimal. Yet the knee-jerk reaction is to clamp down on something these regulators don’t do or know much about, because it *resembles* cigarette smoking and those poor weak-minded citizens need to be protected. I’m sure it’s just a coincidence that vaping threatens tax revenues and the business models of both Big Pharma and Big Tobacco, and the approvals process is designed to suit Big Tobacco while shutting out small companies.

From the Bootleggers and Baptists post:

Tobacco: Vaping equipment, or e-cigs, provide the appearance of cigarettes and a dose of the nicotine smokers crave in a delivery format (evaporated carrier with nicotine and flavoring) that is much less harmful to smoker’s lungs. Many experts recommended smokers switch to e-cigs immediately, since harm to their health would be much reduced. But e-cigs threaten both the makers of the highly-regulated and taxed legacy cigarettes and the makers of smoking cessation products like nicotine gum and patches — often the same companies! So paid “medical authorities” and lobbyists began to work hard to promote the view that the new and untested e-cigs were just as hazardous — if not more hazardous, since their long-term effects were unknown! — than traditional cigarettes. Cato’s Regulation put out a good paper on the Bootleggers-and-Baptists pattern in this new propaganda war:

Now consider the situation with electronic cigarettes (e-cigs) and their incumbent competitors: tobacco companies that produce and sell traditional cigarettes and drug companies that produce nicotine replacement therapies (NRTs). The U.S. cigarette market has been regulated, one way or another, since colonial times. Along the way, federal regulation—coupled most recently with the state attorneys general Master Settlement Agreement (MSA, about which we say more later)—effectively cartelized the industry, bringing increased profits to the industry and higher cigarette prices and reduced cigarette consumption throughout the nation. Falling cigarette consumption gladdened the hearts of health advocates, who fought for the elimination of tobacco products, while higher industry profits brought joy to tobacco company owners.

This happy Bootlegger/Baptist equilibrium is now threatened by the exploding sales of e-cigs, a new technology for delivering nicotine to all who want it without simultaneously bringing the harmful combustion-induced chemicals associated with burned tobacco. Today, there are many e-cig producers and numerous small shops selling e-cigs and customized nicotine-dispensing products. It is a rapidly evolving market that has been relatively open to new entrants and innovation in product design. Given the quick growth in e-cig use (much of which comes at the expense of cigarette sales), previous political deals that stabilized tobacco industry profits are at risk. The major tobacco companies are understandably not sitting idle. They, too, have entered the e-cig marketplace and are responding in other ways to the new competition.

The major pharmaceutical companies have not been idle either. The makers of smoking cessation products, including NRTs such as the nicotine patch and nicotine gum, are major players in the politics of tobacco and nicotine. The producers of traditional nicotine delivery devices and NRTs are at work trying to stop the disruptive e-cig producers. These Bootleggers are joined by health advocates (Baptists) who raise questions about unknown potentially harmful effects that may be associated with e-cig use. Both groups—cigarette and NRT producers on the one hand, and health advocates on the other—would like to stop new e-cig producers or severely crimp their ability to compete.

Lawfare between the tobacco industry and state attorneys general was settled in 1998 with the MSA (Master Settlement Agreement), which set the payments due to the states to compensate them for the additional Medicare and Medicaid costs states would bear because of tobacco products. The agreement was carefully designed to send money to the states while protecting the incumbent manufacturers from competition, allowing them to raise prices more than required to pay the fines.

Again from Cato’s paper:

The heart of the MSA was the promised payment of $206 billion by the four participating cigarette companies to the participating states. Those payments would be tax deductible and the costs would be paid by consumers in the form of higher cigarette prices. (Because cigarette consumption is highly price inelastic, the cost of the price increase was largely borne by consumers rather than producers.) The MSA presented state legislatures with a simple choice: either accept the MSA, in which case they would be able to spend their state’s share of the billions of dollars raised from smokers, or reject the proposed statute and their states’ smokers would still pay the higher prices necessary to fund the deal but they would lose their claim on the money. Not surprisingly, every state legislature took the money.

Responsibility for the payments was allocated among the cigarette companies in proportion to their current market share, thereby reducing the incentive for the participating cigarette companies to engage in price competition to increase their respective market shares. The structure of the MSA thus provided a powerful incentive for each company to be satisfied with the status quo.

The MSA also attempted to protect the major cigarette companies from new competition. At the time of the agreement, the four participating cigarette companies accounted for about 99 percent of domestic cigarette sales. Increasing cigarette prices to pay for the settlement risked a loss of market share to marginal competitors or new entrants. Therefore the MSA provided that for every percent of market share over 2 percent lost by a participating cigarette manufacturer, the manufacturer would be allowed to reduce its payments to the states by 3 percent, unless each participating state enacted a statute to prevent price competition from non-participating manufacturers (which each state did). The statutes require nonparticipating cigarette producers to make payments equal to or greater than what they would owe had they been participants in the agreement, to eliminate any cost advantage.

The MSA also included restrictions on cigarette marketing practices agreed to by the participating producers. The advertising limits were portrayed as a public health measure because they reduced advertising that could influence young adults and teens. The limits also reinforced the anticompetitive nature of the MSA by making it more costly for new brands or entrants to secure market share through promotional efforts.

The MSA’s cartel-reinforcing provisions sufficiently suppressed competition to enable cigarette companies to take advantage of the price inelasticity of cigarette demand and obtain record profits. This made it possible for the major cigarette manufacturers to increase prices by more than was necessary to make the mandated MSA payments.

Having made a deal to get big money for states and attorneys while protecting the companies from competition and raising prices more than enough to make the addicted smokers themselves pay the full cost of the settlement, many of the states decided to grab their money immediately by selling municipal (federal tax-free) bonds backed by the MSA payments expected. California alone issued at least $16.8 billion in such bonds, proceeds being used for both immediate expenses and long-term capital improvements. Legislators appear to have forgotten that the supposed purpose of the payments was to cover smoking-related expenses of future medical care for the state’s population, and instead chose to spend the money immediately on unrelated matters while leaving the burden of those health expenses with future taxpayers.

In some cases, however, the bonds are backed by secondary pledges of state or local revenues, which creates what some see as a perverse incentive to support the tobacco industry, on whom they are now dependent for future payments against this debt.

Tobacco revenue has fallen more quickly than projected when the securities were created, leading to technical defaults in some states. Some analysts predict that many of the bonds will default entirely. Many of the longer-term bonds have been downgraded to junk ratings. More recently, financial analysts began raising concerns that the rapid growth of the electronic cigarette market is accelerating the decline of $97 billion outstanding in tobacco bonds…. Lawmakers in several states proposed measures to tax e-cigarettes like traditional tobacco products to offset the decline in TMSA revenue. They anticipate that taxing or banning e-cigarettes would be beneficial to the sale of combustible cigarettes. — Wikipedia on “Tobacco Master Settlement Agreement”

Vested interests, including tobacco companies and the states, now actively seek to suppress e-cigs or at least tax them enough to make up for any lost revenue as they are adopted. This means they are actively working to keep smokers addicted to the most hazardous form of nicotine consumption, with its resultant cancers and other diseases. The original Baptist goal of helping smokers quit the habit to avoid cancer and early death has long since been forgotten.


Death by HR: How Affirmative Action Cripples OrganizationsDeath by HR: How Affirmative Action Cripples Organizations

[From Death by HR: How Affirmative Action Cripples Organizations,  available now in Kindle and trade paperback.]

The first review is in: by Elmer T. Jones, author of The Employment Game. Here’s the condensed version; view the entire review here.

Corporate HR Scrambles to Halt Publication of “Death by HR”

Nobody gets a job through HR. The purpose of HR is to protect their parent organization against lawsuits for running afoul of the government’s diversity extortion bureaus. HR kills companies by blanketing industry with onerous gender and race labor compliance rules and forcing companies to hire useless HR staff to process the associated paperwork… a tour de force… carefully explains to CEOs how HR poisons their companies and what steps they may take to marginalize this threat… It is time to turn the tide against this madness, and Death by HR is an important research tool… All CEOs should read this book. If you are a mere worker drone but care about your company, you should forward an anonymous copy to him.

 


More reading on other topics:

Jane Jacobs’ Monstrous Hybrids: Guardians vs Commerce
The Great Progressive Stagnation vs. Dynamism
Death by HR: How Affirmative Action is Crippling America
Death by HR: The End of Merit in Civil Service
Corrupt Feedback Loops: Public Employee Unions
Death by HR: History and Practice of Affirmative Action and the EEOC
Civil Service: Woodrow Wilson’s Progressive Dream
Bootleggers and Baptists
Corrupt Feedback Loops: Justice Dept. Extortion
Corrupt Feedback Loops, Goldman Sachs: More Justice Dept. Extortion
Death by HR: The Birth and Evolution of the HR Department
Death by HR: The Simple Model of Project Labor
Levellers and Redistributionists: The Feudal Underpinnings of Socialism
Sons of Liberty vs. National Front
Trump World: Looking Backward
Minimum Wage: The Parable of the Ladder
Selective Outrage
Culture Wars: Co-Existence Through Limited Government
Social Justice Warriors, Jihadists, and Neo-Nazis: Constructed Identities
Tuitions Inflated, Product Degraded, Student Debts Unsustainable
The Morality of Glamour

On Affirmative Action and Social Policy:

Affirmative Action: Chinese, Indian-Origin Citizens in Malaysia Oppressed
Affirmative Action: Caste Reservation in India
Diversity Hires: Pressure on High Tech
Title IX Totalitarianism is Gender-Neutral
Public Schools in Poor Districts: For Control Not Education
Real-Life “Hunger Games”: Soft Oppression Destroys the Poor
The Social Decay of Black Neighborhoods (And Yours!)
Child Welfare Ideas: Every Child Gets a Government Guardian!
“Income Inequality” Propaganda is Just Disguised Materialism

The greatest hits from SubstrateWars.com (Science Fiction topics):

Fear is the Mindkiller
Mirror Neurons and Irene Gallo
YA Dystopias vs Heinlein et al: Social Justice Warriors Strike Again
Selective Outrage
Sons of Liberty vs. National Front
“Tomorrowland”: Tragic Misfire
The Death of “Wired”: Hugo Awards Edition
Hugos, Sad Puppies 3, and Direct Knowledge
Selective Outrage and Angry Tribes
Men of Honor vs Victim Culture
SFF, Hugos, Curating the Best
“Why Aren’t There More Women Futurists?”
Science Fiction Fandom and SJW warfare

More reading on the military:

US Military: From No Standing Armies to Permanent Global Power
US Military: The Desegregation Experience
The VA Scandals: Death by Bureaucracy

The Great Progressive Stagnation vs. Dynamism

In the US, the decades after WWII were marked by high growth and technological innovation. Rebound from recessions was quick, and reforms like the deregulations of the Carter era (trucking, railroads, airlines, interest rates on savings, and the breakup of the AT&T monopoly on phone service) and the tax simplifications of the Reagan administration lifted growth. Waves of labor-saving innovations grew productivity — computers first eliminated most manual record-keeping, then automated processes and streamlined production and logistics.

But each successive wave of recovery growth from recession has been weaker. This graph from the Center for Economic Policy Research charts the recoveries from the recessions of 1981, 1990, 2001, and 2007.


Recession Rebounds Compared - US Census Data

Recession Rebounds Compared – US Census Data

The weak growth for the quarter puts this recovery even further behind any prior recovery at the same stage. After eight and a quarter years, the economy is only 10.1 percent larger than its pre-recession level of output. A more typical recovery would have seen at least twice as much growth.[1]

Economist Tyler Cowen has coined the term “The Great Stagnation” for this gradual decline in growth and economic dynamism. His book The Great Stagnation: How America Ate All The Low-Hanging Fruit of Modern History, Got Sick, and Will (Eventually) Feel Better[2] was published in 2011, after the shaky recovery from the recession of 2007, but before we knew the stagnation would continue for many more years.

His major point was that the US post-WWII took advantage of one-time advantages and opportunities: most of the industrialized world had been crippled by war, and unskilled unionized workers could take advantage of their position to win seemingly stable, high-paying jobs while the technologies developed in the Depression and WWII decades were rapidly incorporated into production processes. When the rebuilt rest of the world began to catch up and compete directly, much of the easy profits for both US companies and workers were competed away, and technologies developed since have been adopted around the world quickly. The backlog of new technology waiting to be incorporated into production is gone, and meanwhile the overhead of law, regulation, and the web of intellectual property (patents, trademarks, and copyrights) has grown complex, to the point where innovation in products may be retarded by legal tangles.

Here’s the blurb for his book:

America is in disarray and our economy is failing us. We have been through the biggest financial crisis since the Great Depression, unemployment remains stubbornly high, and talk of a double-dip recession persists. Americans are not pulling the world economy out of its sluggish state — if anything we are looking to Asia to drive a recovery.Median wages have risen only slowly since the 1970s, and this multi-decade stagnation is not yet over. By contrast, the living standards of earlier generations would double every few decades. The Democratic Party seeks to expand government spending even when the middle class feels squeezed, the public sector doesn’t always perform well, and we have no good plan for paying for forthcoming entitlement spending. To the extent Republicans have a consistent platform, it consists of unrealistic claims about how tax cuts will raise revenue and stimulate economic growth. The Republicans, when they hold power, are often a bigger fiscal disaster than the Democrats. How did we get into this mess?Imagine a tropical island where the citrus and bananas hang from the trees. Low-hanging literal fruit — you don’t even have to cook the stuff.In a figurative sense, the American economy has enjoyed lots of low-hanging fruit since at least the seventeenth century: free land; immigrant labor; and powerful new technologies. Yet during the last forty years, that low-hanging fruit started disappearing and we started pretending it was still there. We have failed to recognize that we are at a technological plateau and the trees are barer than we would like to think. That’s it. That is what has gone wrong.The problem won’t be solved overnight, but there are reasons to be optimistic. We simply have to recognize the underlying causes of our past prosperity—low hanging fruit—and how we will come upon more of it.

Cruft (a term from MIT hackers for useless, complicated leftover materials that have accumulated) has grown around our laws and practices, with vested interests blocking change through legal means and bureaucracy. New technologies continue to change our lives and speed up work, with the internet and web starting in the late 1980s and mobile apps and smartphones now connecting people on the go. Yet productivity does not appear to be increasing, and while there is a lot of improvement in living standards that doesn’t show up in GDP (no one enjoyed waiting in teller lines at the bank, for example!), all of that freed-up time is going somewhere else, and most people’s working hours aren’t shrinking, and their incomes aren’t rising much.

Occasionally a sector will be disrupted (the current buzzword for innovation that suddenly makes a stable sector of the economy unstable) and the efforts of the rent-seeking status quo defenders become more obvious, as with Uber and other ride-sharing services, which had cut into the business of cab companies in many cities before the taxi industry roused itself to try to outlaw them. Few understood the taxi system as it had been, with its taxi commissions, high-priced medallion licensing, and cabbies forced to rent cabs from medallion holders who made the lion’s share of the money. The taxi medallion system started in New York City in 1937 as another attempt to limit competition during the New Deal and spread elsewhere in following decades, originally justified as necessary to keep gypsy cabs and jitneys — low-priced, unregulated, and occasionally dangerous — from serving the needs of the poor and incidentally crowding the streets of Manhattan, where a free market in taxi services would have resulted in a tragedy of the commons in the form of continuous gridlock. Taxi commissions supposedly protected the safety of passengers, but they also restricted the market for local transportation, raising the price and reducing service. Medium-sized cities, low-income and low-density suburban areas adopting taxi regulations tended to end up underserved. In most places the benefits of Uber-like services were so apparent so quickly that politicians were forced to bow to Uber’s fait accompli, and the prices of taxi medallions giving the owner the right to operate a city-approved taxi fell dramatically:

To own a cab in New York, you need a medallion—a metal shield displayed on the vehicle’s hood—and there are a fixed number issued by the New York City Taxi & Limousine Commission (TLC). Until very recently, medallions were a good thing to have a lot of. In 1947, you could buy one for $2,500. In 2013, after a half-century of steady appreciation, including a near-exponential period in the 2000s, they were going for $1.32 million.

Then came Uber. Since the arrival of the car-by-app service… taxi ridership is down, daily receipts have declined, and drivers are idling—or going to work for Uber. Add it up, and desperate medallion sellers are trying to fob off their little tin ornaments for as little as $650,000.[3]

But that kind of disruption is rare and only happens when the public comes to understand the benefits of the innovative business before the vested interests can strangle it in the crib. More and more economic activities have come to be regulated and new entrants are kept out by the need for government approvals. Products and services from our most heavily-regulated industries — healthcare, education, energy utilities, cable and broadcast entertainment, housing, and finance — have seen outsized price increases without much increase in quality in recent decades, with government regulations either limiting competition or subsidizing consumption (or, as in the case of education and healthcare, both.) Routing around these government controls is starting to happen — household solar panels, Internet entertainment streaming, and homeschooling with online instruction from the likes of the Khan Academy[4] show what is possible when freed from monopoly providers. But breaking the grip of the vested interests in some of these sectors — like the NIMBY restrictions on new housing in the cities controlled by Progressive political machines, or the failed public K-12 schools in urban districts — will take more time and effort.

Virginia Postrel’s book, The Future and Its Enemies: The Growing Conflict Over Creativity, Enterprise, and Progress (1998)[5] set two opposing philosophies against each other: stasists, who prefer a regulated and controlled status quo offering predictability in a society mostly closed to new thinking, and dynamists, who accept instability, innovation, and change allowing higher growth and creative achievement. Her website has this blurb:

Postrel argues that these conflicting views of progress, rather than the traditional left and right, increasingly define our political and cultural debate. On one side, she identifies a collection of strange bedfellows: Pat Buchanan and Ralph Nader standing shoulder to shoulder against international trade; “right-wing” nativists and “left-wing” environmentalists opposing immigration; traditionalists and technocrats denouncing Wal-Mart, biotechnology, the Internet, and suburban “sprawl.” Some prefer a pre-industrial past, while others envision a bureaucratically engineered future, but all share a devotion to what she calls “stasis,” a controlled, uniform society that changes only with permission from some central authority.

On the other side is an emerging coalition in support of what Postrel calls “dynamism”: an open-ended society where creativity and enterprise, operating under predictable rules, generate progress in unpredictable ways. Dynamists are united not by a single political agenda but by an appreciation for such complex evolutionary processes as scientific inquiry, market competition, artistic development, and technological invention. Entrepreneurs and artists, scientists and legal theorists, cultural analysts and computer programmers, dynamists are, says Postrel, “the party of life.”[6]

Where are the jetpacks and the flying cars dreamed of in the 1960s? Disney’s Tomorrowland[7] suggested our shared pessimism had slowed progress and endangered the future, but it failed to address the source of the exhaustion and defeatism — the many regulations that now prevent an energetic entrepreneur from putting his or her new idea into practice in the world. People who tried to do something differently have found their way blocked, and their lives are often destroyed by vested interests using the legal system to delay their projects and drain them of energy and capital. Every effort to build something new becomes a political effort requiring that you not only interest customers, but pay off politicians and rent-seekers who see their interests threatened. The compliance overhead in growing from a small business to a large business is now so large that most people who might try are discouraged and stick with what already works for them. It’s far safer to work for a government or big corporation than to strike out on your own. The result for our economy is stagnation and declining growth.

The decline in new business formation and business dynamism from 1978 to 2011:[8]

Startups and Dynamism In Decline - US Census Data

Startups and Dynamism In Decline – US Census Data

It’s ironic that the free world outcompeted and ultimately broke the Communist central planning systems of the USSR and China, with both Russia and China now authoritarian mixed kleptocracies with at least some freedom for private industry, yet the US is now tied up by central-planning bureaucrats and regulations that are crippling growth and favoring larger corporations that support politicians through favor-trading and campaign contributions. Every small loss of economic freedom and increase in corruption has been accompanied by government-funded propaganda to explain how much it benefits The People. And The People have awakened to a hangover of enormous debts and poor job prospects, having been slipped a mickey of miseducation and dependency.

The French have a term to describe their tendency to let a centralizing state control business activity: dirigisme, “to direct.” Progressives have gradually molded the US population to more closely resemble the French in looking to the state to decide economic matters, and borrowed many of the ideas of the welfare state and public education from German models. The bureaucracies they spawned tend to grow, and those employed to write regulations will never run out of ideas for new and more detailed specifications of how everything should be done. Because Progressives believe wise rulers (themselves) can make better decisions on every choice less enlightened citizens might make — and it’s their duty to improve society by improving people, for their own good. As C. S. Lewis said:

My contention is that good men (not bad men) consistently acting upon that position would act as cruelly and unjustly as the greatest tyrants. They might in some respects act even worse. Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive. It would be better to live under robber barons than under omnipotent moral busybodies. The robber baron’s cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end for they do so with the approval of their own conscience. They may be more likely to go to Heaven yet at the same time likelier to make a Hell of earth. This very kindness stings with intolerable insult. To be ‘cured’ against one’s will and cured of states which we may not regard as disease is to be put on a level of those who have not yet reached the age of reason or those who never will; to be classed with infants, imbeciles, and domestic animals.[9]

While this book will touch on overregulation and bureaucracies, there are already quite a few studies and books on each of the affected industries — books on the failures of public education alone number in the hundreds. This book is primarily about labor regulations and their costly and productivity-draining intrusion into hiring and employment practices. Employer fears of exposure to lawsuits led to extensive delegation of control over hiring and firing decisions to HR departments. Government-enforced unions, Civil Service rules, and increasing efforts to require equality of outcome while denigrating excellence are reducing growth now and may doom us to a second-rate future as other countries not so crippled outcompete us. The US can return to a high-growth, lower-inequality path, but only if these sectors are unlocked and allowed to innovate in both process and personnel. Freedom to work and trade as we choose — and not as Washington dictates — will keep us free, and give our children the future we dreamed of.


[1] “Falling Investment and Rising Trade Deficit Lead to Weak First Quarter” – Dean Baker, Center for Economic and Policy Research, April 28, 2016
[2] The Great Stagnation: How America Ate All The Low-Hanging Fruit of Modern History, Got Sick, and Will (Eventually) Feel Better, by Tyler Cowen. Dutton (January 25, 2011) http://amzn.to/1pTybdh
[3] “The Struggles of New York City’s Taxi King” — by Simon Van Zuylen-Wood, Bloomberg, Augist 27, 2015 http://www.bloomberg.com/features/2015-taxi-medallion-king/
[4] https://www.khanacademy.org/
[5] The Future and Its Enemies: The Growing Conflict Over Creativity, Enterprise, and Progress, Virginia Postrel, Simon and Schuster, 1998 http://amzn.to/1SFodo7
[6] From Virginia Postrel’s web site.
https://vpostrel.com/future-and-its-enemies
[7] https://substratewars.com/2015/10/30/tomorrowland-tragic-misfire/
[8] “The Rate of New Business Formation Has Fallen By Almost Half Since 1978: America’s declining ‘business dynamism’ has affected all 50 states and nearly every single metro area.” Richard Florida, Citylab, May 5, 2014
[9] From C.S. Lewis’s essay anthology “God in the Dock” (1948), viewed 4-28-2015 at http://www.wsj.com/articles/SB10001424052702304527504579170134126854254

If you have a good story or anecdote from your organization, please email it to jebkinnison@gmail.com. I can use a few good tales (anonymized, of course) to illustrate the problems.


Death by HR: How Affirmative Action Cripples OrganizationsDeath by HR: How Affirmative Action Cripples Organizations

[From Death by HR: How Affirmative Action Cripples Organizations,  available now in Kindle and trade paperback.]

The first review is in: by Elmer T. Jones, author of The Employment Game. Here’s the condensed version; view the entire review here.

Corporate HR Scrambles to Halt Publication of “Death by HR”

Nobody gets a job through HR. The purpose of HR is to protect their parent organization against lawsuits for running afoul of the government’s diversity extortion bureaus. HR kills companies by blanketing industry with onerous gender and race labor compliance rules and forcing companies to hire useless HR staff to process the associated paperwork… a tour de force… carefully explains to CEOs how HR poisons their companies and what steps they may take to marginalize this threat… It is time to turn the tide against this madness, and Death by HR is an important research tool… All CEOs should read this book. If you are a mere worker drone but care about your company, you should forward an anonymous copy to him.

 


More reading on other topics:

Jane Jacobs’ Monstrous Hybrids: Guardians vs Commerce
The Great Progressive Stagnation vs. Dynamism
Death by HR: How Affirmative Action is Crippling America
Death by HR: The End of Merit in Civil Service
Corrupt Feedback Loops: Public Employee Unions
Death by HR: History and Practice of Affirmative Action and the EEOC
Civil Service: Woodrow Wilson’s Progressive Dream
Bootleggers and Baptists
Corrupt Feedback Loops: Justice Dept. Extortion
Corrupt Feedback Loops, Goldman Sachs: More Justice Dept. Extortion
Death by HR: The Birth and Evolution of the HR Department
Death by HR: The Simple Model of Project Labor
Levellers and Redistributionists: The Feudal Underpinnings of Socialism
Sons of Liberty vs. National Front
Trump World: Looking Backward
Minimum Wage: The Parable of the Ladder
Selective Outrage
Culture Wars: Co-Existence Through Limited Government
Social Justice Warriors, Jihadists, and Neo-Nazis: Constructed Identities
Tuitions Inflated, Product Degraded, Student Debts Unsustainable
The Morality of Glamour

On Affirmative Action and Social Policy:

Affirmative Action: Chinese, Indian-Origin Citizens in Malaysia Oppressed
Affirmative Action: Caste Reservation in India
Diversity Hires: Pressure on High Tech<a
Title IX Totalitarianism is Gender-Neutral
Public Schools in Poor Districts: For Control Not Education
Real-Life “Hunger Games”: Soft Oppression Destroys the Poor
The Social Decay of Black Neighborhoods (And Yours!)
Child Welfare Ideas: Every Child Gets a Government Guardian!
“Income Inequality” Propaganda is Just Disguised Materialism

The greatest hits from SubstrateWars.com (Science Fiction topics):

Fear is the Mindkiller
Mirror Neurons and Irene Gallo
YA Dystopias vs Heinlein et al: Social Justice Warriors Strike Again
Selective Outrage
Sons of Liberty vs. National Front
“Tomorrowland”: Tragic Misfire
The Death of “Wired”: Hugo Awards Edition
Hugos, Sad Puppies 3, and Direct Knowledge
Selective Outrage and Angry Tribes
Men of Honor vs Victim Culture
SFF, Hugos, Curating the Best
“Why Aren’t There More Women Futurists?”
Science Fiction Fandom and SJW warfare

More reading on the military:

US Military: From No Standing Armies to Permanent Global Power
US Military: The Desegration Experience
The VA Scandals: Death by Bureaucracy

Scott Stantis - Chicago Tribune

Corrupt Feedback Loops: Public Employee Unions

Civil Service rules insulated government employees from political demands, but also made firing the incompetent more difficult. The final barrier to accountability was the addition of another layer of employee empowerment, the public employee union. Private-sector unions are not the enormous political force they once were, but public-sector unions have continued to grow until they now control one of the two US political parties and have driven many state and local governments to near-bankruptcy, with underfunded pension and medical coverage for retirees taking a larger and larger share of local government revenues.

How did we get here? The advent of industrialization and large workplaces encouraged formation of worker associations. Facing a powerful employer, workers that joined in a union could send a message about compensation or working conditions with less fear of individual reprisal. In the United States, the union movement coalesced in the late 1880s, about the same time Wilson and the Progressives were formulating their program to mold the citizenry through government directives and regulation.

Since unions threatened the interests of powerful industrialists and employers, conflict was inevitable. Violence broke out between management and labor forces, with contract security agents (“company men”) from Pinkerton infiltrating and fighting union members during extralegal labor actions. Unions were illegal in some places, and union tactics like picket lines enforced by union violence were met by violence from company goons.

In one incident, the Homestead Steel Strike of 1892, steelworkers union members fought Andrew Carnegie’s Homestead Steel company managed by Henry Clay Frick. Frick intended to break the strike and had hired an army of three hundred Pinkertons to help get strikebreakers into the Pittsburgh-area riverside plant, bypassing the strikers’ picket lines by boat. With both sides armed with guns and thousands of workers and local citizens joining the battle, fighting went on for days, killing nine strikers and seven Pinkertons. Martial law was declared and public opinion turned against the union, resulting in deunionization of most US steel plants.[1]

Union activity was seen as a threat to the social order and unions themselves were feared as introducing “socialist” ideas. Conspiracy to join together to raise pay had been illegal under English law, and US law had followed suit. Many typical union tactics — picket lines and harassment of workers and suppliers trying to get into plants, secondary boycotts, and sabotage of equipment — were illegal. Yet unions could perform a valuable function in communicating worker views to management, and many thoughtful employers were able to work with unions as an outlet for worker grievances.

The Depression and FDR’s New Deal administration brought much more government recognition and support for union activities. The new administration believed overproduction and low prices were the key reason for economic weakness, and so favored controls on agricultural and industrial production to reduce quantities and raise prices — so the administration also supported union activity restricting the entry of low-priced labor and increasing wages for union members. Much New Deal legislation protected and encouraged labor unions, and the National Labor Relations Act of 1935 (the “Wagner Act”) guaranteed the right of workers to form unions and bargain collectively in the private sector. Nonunion industries were organized, strikes increased, and wages rose in those sectors. For those left out of unions, notably black men, prospects of employment were diminished, and the economic recovery as a whole is thought to have been delayed by the New Deal’s legalized cartels and restraints on competition.

Clarified rules and legalization of a constrained right to strike under the law defused most of the violence and disorder associated with union activity. Private-sector unions became another accepted part of the American scene, and the big labor union coalitions like the AFL-CIO joined in disavowing Communism to rid themselves of “un-American” associations.

The simplistic narrative of the noble union is usually set in a one-company town, say a coal mine, where workers have little choice of employer, while management is free to take advantage of their monopoly on local employment to gouge and mistreat workers. In a modern urbanized area, these conditions rarely occur, and workers have a choice of employers vying to hire them, which provides a competitive environment that tends to improve compensation and working conditions as productivity increases.

In reality, unions grew powerful where a choke point existed — where a large and expensive plant, fixed rails, or docks prevented re-routing the business activity elsewhere during a strike. Unions did best where workers were low-skilled and interchangeable, and where the workplace could not be moved and had a lot invested in it, or where a government monopoly existed, as in transit and garbage in many cities. Unions could raise worker compensation and write work rules tailored to union preferences in such situations, making the union job preferable to any competitive nonunionized work, with the union as a barrier to entry of new workers — those already in the union got more money and protection from competition who might be willing to take the job for less.

Unions in private industry with free trade and low barriers to entry tend to harm their hosts and eliminate themselves over time as their hosts are crippled by high costs and loss of flexibility. As a result, entire union-dominated US industries were either offshored or automated, and private-sector union employment as a percentage of total private employment has fallen from a peak of around 35% in the mid-1950s to 7% today.[2] Unions are no longer a significant drag on the private sector, and remaining private-sector unions are much more aware of their need to cooperate with company management to produce high-quality, competitive products in a globalized world.

But the dynamics of public sector unions are quite different, and their enormous growth from the mid-1960s until today means the majority of union members now work for government — 35% of government employees are now unionized,[3] and public employee unions are important members of the political coalitions that keep governments in power at all levels. While private-sector unions decline in influence, public-sector unions have never been more powerful. Federal Election Commission statistics show public employee union campaign and PAC contributions grew from $17 million in 1998 to $54 million in 2014, with the vast majority going to Democrats.[4] Public employee unions now dominate election spending for local issues like school board races, city councils, and state-level ballot initiatives affecting their interests. There’s no good source for data on total state and local campaign contributions, but the Federal election numbers show how unions distribute their contributions:

Table 1: Public Sector Unions: Top Contributors to Federal Candidates, Parties, and Outside Groups, 2014 Election Cycle. Source: Open Secrets.org Center for Responsive Politics

 

 

 

To Candidates and Parties

To Outside Spending Groups

Rank

Contributor

Total Contribs

Total

Dem%

Repub%

Total

1

National Education Assn

$24,961,199

$2,183,752

91.1%

8.8%

$22,787,447

2

American Fedn of St/Cnty/Munic Employees

$10,002,495

$2,288,816

99.2%

0.3%

$7,717,155

3

American Federation of Teachers

$4,797,032

$2,484,870

98.8%

0.8%

$2,312,162

4

American Federation of Govt Employees

$4,072,005

$1,019,250

94.3%

5.6%

$3,052,755

5

International Assn of Fire Fighters

$2,184,303

$1,948,946

84.4%

15.6%

$235,357

6

National Assn of Letter Carriers

$2,113,796

$1,688,360

94.9%

4.9%

$425,436

7

American Postal Workers Union

$1,007,341

$988,950

98.8%

1.2%

$18,391

8

National Rural Letter Carriers Assn

$735,500

$735,500

76.8%

23.0%

$0

9

National Treasury Employees Union

$681,550

$631,550

96.1%

3.9%

$50,000

10

National Active & Retired Federal Employees Assn

$441,000

$441,000

75.7%

24.3%

$0

When a private-sector union overplays its hand with a private industry, that industry declines and the goods or services it provides are either imported or are replaced by alternatives. Unfortunately government services are usually monopolies, so there’s no competitor or foreign supplier waiting to provide what they cannot. Public employee union power continues to grow as governments become more dysfunctional as a result.

Civil service employment almost never declines, and monopoly services like public schools, police, and transit are ideal for giving unions more negotiating power via strikes and slowdowns since no alternative service is available in the short term. Wages and benefits can go up consistently without harming the host government, at least up to the point where tax burdens are so high citizens start moving away to less taxed locales.

Public employee unions were not legal in most jurisdictions until the 1960s. Politicians recognized that many public services were too critical to the orderly functioning of cities to allow unions to strike. The Boston Police Strike of 1919 and the resulting outbreaks of looting and violence had turned the public against the idea:

In the Boston Police Strike, Boston police officers went on strike on September 9, 1919. They sought recognition for their trade union and improvements in wages and working conditions. Police Commissioner Edwin Upton Curtis denied that police officers had any right to form a union, much less one affiliated with a larger organization like the American Federation of Labor (AFL). Attempts at reconciliation between the Commissioner and the police officers, particularly on the part of Boston’s Mayor Andrew James Peters, failed.

During the strike, Boston experienced several nights of lawlessness, although property damage was not extensive. Several thousand members of the State Guard, supported by volunteers, restored order. Press reaction both locally and nationally described the strike as Bolshevik-inspired and directed at the destruction of civil society. The strikers were called “deserters” and “agents of Lenin.”

Samuel Gompers of the AFL recognized that the strike was damaging the cause of labor in the public mind and advised the strikers to return to work. Commissioner Curtis refused to re-hire the striking policemen. He was supported by Massachusetts Governor Calvin Coolidge, whose rebuke of Gompers earned him a national reputation. The strike proved a setback for labor unions, and the AFL discontinued its attempts to organize police officers for another two decades. Coolidge won the Republican nomination for vice-president of the U.S. in the 1920 presidential election.[5]

During the New Deal era, FDR famously rejected public employee collective bargaining and strikes while his administration paved the way for further unionization of private industry:

All Government employees should realize that the process of collective bargaining, as usually understood, cannot be transplanted into the public service. It has its distinct and insurmountable limitations when applied to public personnel management. The very nature and purposes of government make it impossible for administrative officials to represent fully or to bind the employer in mutual discussions with government employee organizations. The employer is the whole people, who speak by means of laws enacted by their representatives in Congress. Accordingly, administrative officials and employees alike are governed and guided, and in many instances restricted, by laws which establish policies, procedures, or rules in personnel matters. Particularly, I want to emphasize my conviction that militant tactics have no place in the functions of any organization of government employees. Upon employees in the Federal service rests the obligation to serve the whole people, whose interests and welfare require orderliness and continuity in the conduct of government activities. This obligation is paramount. Since their own services have to do with the functioning of the Government, a strike of public employees manifests nothing less than an intent on their part to prevent or obstruct the operations of Government until their demands are satisfied. Such action, looking toward the paralysis of Government by those who have sworn to support it, is unthinkable and intolerable.[6]

Both the public and politicians remained opposed to public employee unions for decades after. In 1943, a New York Supreme Court judge held:

To tolerate or recognize any combination of civil service employees of the government as a labor organization or union is not only incompatible with the spirit of democracy, but inconsistent with every principle upon which our government is founded. Nothing is more dangerous to public welfare than to admit that hired servants of the State can dictate to the government the hours, the wages and conditions under which they will carry on essential services vital to the welfare, safety, and security of the citizen. To admit as true that government employees have power to halt or check the functions of government unless their demands are satisfied, is to transfer to them all legislative, executive and judicial power. Nothing would be more ridiculous[7].

The conflicts of interest inherent in giving public employee unions the legal power to organize, collect dues, and wield typical union strategies of withholding labor and attacking the employer (the government, and ultimately the citizenry) are obvious:

The very nature of many public services — such as policing the streets and putting out fires — gives government a monopoly or near monopoly; striking public employees could therefore hold the public hostage. As long-time New York Times labor reporter A. H. Raskin wrote in 1968: “The community cannot tolerate the notion that it is defenseless at the hands of organized workers to whom it has entrusted responsibility for essential services.”

A core problem with public sector unionism is that it creates a uniquely powerful interest group. In theory, bureaucrats are supposed to work for and be accountable to the elected representatives of the people. But suppose those bureaucrats organize into large, well-funded, powerful unions that can tip election results. With very few and very unique exceptions, no workplace in which the employees elect the supervisors functions well for long. [8]

Constitutionally, states were free to allow public employee unions, and the dam of opposition began to burst in the 1950s. In 1958, New York City Mayor Robert Wagner, Jr. issued an executive order authorizing unions and allowing exclusive representation, a concept borrowed from Federal law where employees could vote to authorize a single union to bargain collectively for the employees, even those who chose not to join — and those objectors still had to pay union dues, enshrining the system of enforced contributions that has served to grow public employee unions into political donation powerhouses. Unions had already become powerful enough in New York City politics to win this enforced monopoly, which further entrenched their power.[9] This also was roughly the peak of New York City’s postwar prosperity, and shortly thereafter it began to decline into the crime-infested, decaying New York City of the late 1970s as crime rose and government services faltered, driving prosperous residents to the suburbs.

In 1962, President Kennedy signed Executive Order 10988,[10] permitting collective bargaining for federal employees. This order authorized Federal employees to form unions but continued to disallow strikes; the order was intended to forestall imminent passage of a bill in Congress which would have gone further and allowed exclusive representation, so-called union shops. Military and intelligence agencies were wisely exempted.

Later orders and legislation legalized other typical features of private-sector unions like closed shops, paycheck withholding of dues for all non-management employees, and union work done on time paid for by taxpayers, called “official time”:

Unionized federal employees spent 2.48 million hours working for their labor unions while getting paid by taxpayers during 2013, and more than 360 workers who are on the federal payroll spent 100 percent of their time working for their union.

Under federal rules, employees who are members of a labor union are entitled to so-called “official time,” where they are dismissed from their duties as a government employee to engage in labor union organizing activities. A new report from the Government Accountability Office shows the use of official time has increased over the past several years as the size of the federal workforce has grown.

And it’s costing taxpayers plenty. According to the Office of Personnel Management, which tracks federal employees’ time, federal employees were paid more than $157 million during 2012 while doing work for labor unions.

The GAO says the price tag may be even higher, since some federal agencies are not adequately tracking their employees’ official time.

“Since agencies are most often managing the use of official time using an approach that has no specified number of hours, they could be at greater risk for abuse,” auditors warned in the report, released last week.[11]

Efforts to contract out services currently provided by public employees are effectively blocked by union power, with lawsuits and work actions typical when outsourcing is attempted. When AFSCME workers struck University of California campuses recently, one of their objectives was a contract preventing outsourcing of functions like janitorial and food services. The AFSCME spokesman commented, “We need to deal also with these staffing issues, because what good is a raise if you are permanently injured on the job or if you are out of a job because the UC decided to outsource it to some low-wage, inexperienced contractor?”[12]

Minimum wage laws (first implemented as Federal law in 1938) went well with union efforts to outlaw low-priced competitive labor, especially from newly-arrived Southern black men in Northern cities. (In this, unions played the Bootleggers in a Bootleggers and Baptists coalition to pass minimum wage laws.) By outlawing low-end, low-wage work, minimum wage laws help unionized businesses stay competitive. In the current Democratic push for much higher “living wage” minimum wages of $15/hour, both private and public-sector unions have actively campaigned for the increases since even though most of their members make much more than minimum wage, their wages will tend to be bumped up to some margin above the minimum wage, either by contract or future negotiation, and nonunion firms become less competitive when they are forced to use only higher-priced labor.

The rent-seeking nature of union demands for higher minimum wages was exposed when the same unions also sought carveouts that would allow businesses to pay below minimum wages to union workers under a negotiated contract.[13] This demonstrated that the wages of union members were not as important to union bosses as hobbling their nonunion competition; by offering employers a special deal, unions could organize even more workplaces and thereby obtain more members and more dues, allowing them to donate even more to the local politicians who had passed the minimum wage increase.

Attempts to streamline Federal agencies by contracting out some noncritical services have also been blocked by union actions:

Last May, nearly 250 workers [at the U.S. Department of Labor] received word that their jobs had been eliminated and would be outsourced through the Administrative Support Services Competition, a departmental bidding process, without an absolute guarantee that another job could be found for them within the department. Their union, American Federation of Government Employees Local 12, protested the decision, holding a rally by the Capitol Reflecting Pool in June and pointing out that most of these “non-inherently governmental” jobs (as the department’s human resources staff called them) were held by minorities and women.[14]

Of course the jobs that would have been sent out under contract might well have been filled by minorities and women also, but at much lower cost to taxpayers. Those minorities outside the union walls are just out of luck, since without the protection and sponsorship of the union and its contributions to political campaigns, they will remain jobless. The plantation system lives on, with dues collected by largely white Democratic power brokers.

Education researcher Terry Moe has written about the capture of elected local school boards by teacher’s unions, and the resulting inability of school boards to act in the best interests of students and their parents:

Since A Nation at Risk warned in 1983 of a “rising tide of mediocrity” in America’s schools, the nation has invested heavily in reform efforts to bring about significant improvement—generating countless changes to the laws, programs, structures, and curricula of public education, and spending untold billions of extra dollars.

All this activity might seem to be the sign of a wellfunctioning democracy. But pull away the curtain and the picture is not nearly so pretty: the reforms of the last few decades, despite all the fanfare, have been incremental and weak in practice. The nation is constantly busy with education reforms not because it is responsibly addressing social problems, but because it never actually solves them and they never go away— leading to continuing demands for more reforms. This is what keeps the “education reform era” alive and kicking: not democracy, not responsibility, but failure….

The teachers unions have been masters of the politics of blocking for the past quarter century. Major reform is threatening to their vested interests in the existing system, and they have used their formidable power — leveraged by checks and balances — to repel and weaken the efforts of reformers to bring real change. This is not the whole story of the modern reform era, needless to say. But it is at the heart of it….

The public school system emerged in roughly its present form about 100 years ago, and for most of its history was a union-free zone. Many teachers belonged to the NEA, which, even in the early 1900s, was the vanguard of the education establishment. But the NEA was a professional association controlled by administrators, and it was opposed to unions.

All this changed during the 1960s and 1970s, when most of the states (outside the South) adopted public-sector labor laws. These new legal frameworks fueled dramatic increases in public-sector union membership and collective bargaining. They also triggered a transformation of the NEA, which, in competing with the AFT to represent the nation’s teachers, turned itself into a union—and soon grew to be the biggest union of any type in the country. The portion of teachers covered by collective bargaining soared from near zero in 1960 to 65% in 1978, and the system then settled into a new steady state. Bargaining coverage has remained virtually unchanged among teachers ever since. Membership levels have consistently been much higher, at about 79% and stable.

By the early 1980s, the teachers unions reigned supreme as the most powerful force in American education: with millions of members, armies of political activists, enormous wealth for campaign contributions and lobbying, and more. The rise of union power transformed the world of American public education, creating what amounted to a new education system, one that has been in equilibrium now for roughly thirty years—and protected from change by the very union power that created it….

Collective bargaining is also profoundly important for another reason: it has enabled the unions to impose ineffective forms of organization on the schools, thus exacerbating the very problems the reform movement has been trying to correct. Among other things, local contract provisions tend to include: salary rules that pay teachers based on seniority and formal credits with no attention to performance; seniority rules for transfers and layoffs that allow senior teachers to lay claim to available jobs; onerous rules for evaluation and dismissal that virtually assure that all teachers will get satisfactory evaluations and no one will be dismissed for poor performance; and more.

These and countless other contract rules are designed to promote the job-related interests of teachers, but from the standpoint of effective organization they are simply perverse. Yet this is how America’s schools are actually organized. There is a disconnect between what the public schools are supposed to do and how they are organized to do it—and this disconnect is a built-in feature of the modern American school system, a reflection of its underlying structure of power. Why have the districts “agreed” to ineffective organization? Partly it’s because no district wants a fight, because most work rules don’t cost them anything; and because as monopolies they have had little incentive historically to insist on effective organization anyway. But there is also a crucial political reason: school board members are elected, and the teachers unions are typically the most powerful forces in those local elections. As a result, many board members are union allies, others are reliably sympathetic to collective bargaining, and the rest have reason to fear that, if they cross the unions, their jobs are at stake.[15]

The Wall Street Journal review of Government Against Itself: Public Union Power and Its Consequences by Daniel DiSalvo (who is quoted above as well) had this to say:

Pension and benefit obligations weigh down our cities. Trash disposal in Chicago costs $231 per ton, versus $74 in non-union Dallas. …Mr. DiSalvo [argues] that “unionization and collective bargaining in state and local government impose significant costs on society while providing few broadly shared benefits.” Still, the value in “Government Against Itself” lies not in the conclusion but in the lucid fashion in which his primer lays out facts and busts myths.

The facts: Public-sector unions are not underdogs. Since 2009, membership in unions such as the American Federation of State, County and Municipal Employees and the National Education Association has totaled more than the membership in traditional private-sector unions. The United Mine Workers, the union that resulted from the Harlan County conflict, counts under 50,000 active members, while the NEA boasts 2.5 million.

As Mr. DiSalvo shows, public-sector unions are also rich. Taken together, they spend hundreds of millions of dollars annually lobbying governments on behalf of their members. Our courts have ensured that funding for political activity will flow in the future by upholding rules that require payments from workers. Opponents of public-sector unions must content themselves with minor victories such as the recent Supreme Court opinion in Harris v. Quinn, which grants home-care workers, a narrow group, the right not to pay union dues….

The very timing of local elections, as Mr. DiSalvo demonstrates, has worked to the unions’ advantage. Towns hold elections in off years as well as presidential-election years. Turnout in off-year municipal elections runs about 36% lower. Unions, which can get out the vote, thus enjoy a disproportionate say in off years and schedule their referendums accordingly. But presidential years can yield results as well. When public-sector unions “pull out all the stops,” Mr. DiSalvo writes, “they almost always win.” By voting for Prop 98—powerfully pushed by the teachers’ union—Californians in 1988 guaranteed that four in 10 dollars of California’s general fund would henceforth be spent on K-12 education. This pattern of victory replicates itself across the states.

The trend is a shame and a drag on the economy. For the costs of public-sector unions are great. “The byproduct of political management of the economy is waste,” the author notes. Second, pension and benefit obligations weigh down our cities. Trash disposal in Chicago costs $231 per ton, versus $74 in non-union Dallas. Increasingly, such a burden is fatal. When Detroit declared bankruptcy in 2013, a full half of the city’s$18.2 billion long-term debt was owed for employee pensions and health benefits. Even before the next downturn, other cities and some states will find themselves faltering because of similarly massive obligations.[16]

While public employees are still forbidden to strike in 39 states[17] and many cities, strikes and illegal job actions still occur, and even where strikes are illegal, threats to monopoly public services are powerful inducements for governments to kick the can down the road and give in to labor demands:

When the government entity bargaining with government employees cannot afford the cost of the union demands, the government increases the fringe benefits, i.e. pensions, and pushes the costs off to the future. The heavily unionized government worker states, including California, Illinois, New Jersey and New York, have the largest unfunded pension and retiree health care liabilities. In Wisconsin, public employers from 2000 to 2009 contributed $12.6 billion to public employee pensions while the employees contributed only $55.4 million.

State Budget Solutions examined the Bureau of Labor Statistics Databases and found dramatic evidence of the increases in fringe benefits by state and local governments. The revelation that public employees receive pension and retirement benefits that were worth 337% more than private sector employees is shocking, and illustrates the lengths to which governments will go in bargaining.

Overall, state and local government employees receive total benefits worth 171% more than what public sector employees earn. On an hourly basis, state and local government employees earn an average of $40.28 per hour in total compensation, whereas private sector employees average only $27.75 per hour.

In Milwaukee the average teacher will earn this year $59,500 in salary and $41,591 in benefit for $101,091 in total compensation. The average Milwaukee teacher has a $23,820 health insurance plan with no premium. Contrast that with a private sector employee in Wisconsin, who has a $14,656 insurance plan with a 20% premium. Despite this, last July the teachers union sued when the Milwaukee Public Schools stopped giving free Viagra because it cost the district nearly $800,000 per year and district was facing a deficit. The union just dropped this lawsuit on March 7, 2011.

Just as public sector unions are not concerned with the bottom line, performance is also not valued as it would be in the private sector. For example, Milwaukee School teacher Megan Sampson was laid off less than one week after being named Outstanding First Year Teacher by the Wisconsin Council of Teachers. She was laid off because the collective bargaining agreement requires layoffs to be made based on seniority rather than merit.

Government unions don’t bargain with the taxpayers who pay the bills. When teachers go on strike, they pay no penalty when their absence forces schools to close. Adding insult to injury to taxpayers, their actions force parents to either take time off work or quickly find someone else to care for their children. Also, unlike private sector unions, a government union has a natural monopoly over government services. This monopoly gives government union leaders extraordinary power over elected officials.

Most government unions would not exist without forced union dues. One of the first things government union leaders bargain for is a “union security” clause, which forces all government employees in the unit to pay for union services as a condition of employment. If a government employee works in a state with a “union security” clause, the individual must pay tribute to the union or they will be fired.

The money the government unions collect in dues helps to elect politicians who support the unions’ objectives. Government unions play a major role in electing their management team! In essence, government unions have a seat on both sides of the bargaining table. The U.S. Supreme Court made it clear that there is no “right” to collective bargaining. Collective bargaining for government employees makes them “super citizens” and the rest of the taxpayers are relegated to second-class status.

Today, the number of unionized government workers surpasses the number of unionized private sector workers. As a result, national unions have become advocates for higher taxes and government expansion, despite the fact that many of their private sector members oppose these efforts.

In the last election at the national level, government unions spent more than $200 million to defeat Republican candidates. The American Federation of State, County, and Municipal Employees — the main union of state government employees — spent over $90 million during the campaign, and it was the top donor to the Democrats’ efforts to win gubernatorial and state legislative races.

As a result, the Democratic Party is now heavily reliant on unions and forced political contributions from their members. Unions help elect Democrats who repay the unions with more pay and benefits, many of which are unfunded. In effect, government unions elect their “management,” who in turn can forcibly extract more money from taxpayers to increase wages and benefits. Government officials can promise pensions and retiree health care benefits that future taxpayers will have to fund. This, in turn, sucks jobs from the private sector by forcing businesses to pay higher taxes….[18]

Local and State government employee compensation

Local and State government employee compensation

Public vs Private-Sector compensation costs

Public vs Private-Sector compensation costs

The high direct costs of unionization hurt, but the inability of governments to implement changes to improve service quality hurts more. Incompetent or even criminal employees are protected (as we have seen in the VA and IRS scandals) and attempts to put services online are either absurdly expensive, complete failures, or both (as millions who waited for the Healthcare.gov web site to sign up for ACA health insurance can testify.)

At every level, government grows less competent and more expensive as a result of the rigidities imposed by Civil Service and union rules. As public-sector unions came to dominate the Democratic party, Republicans have made gains in state and local elections partly due to the public’s perception of corruption and special interests:

This leaves us with a superficially ironic situation. The Republican Party emerges as the organised champion of everyone who stands to lose in the fight over the fisc when public-sector unions win. The GOP’s base electoral incentive to hobble their rival’s main source of campaign cash and voter mobilisation leads it to function as a countervailing force against overpowered public-sector unions to the benefit of rich people, yes, but also to the benefit of less powerful and more needy constituencies within the Democratic coalition. A bit of public-employee union busting at the state and municipal level wouldn’t leave government workers vulnerable. There’s every reason to believe they’d continue to function as a powerful, pampered political faction. Pushback against public-sector unions would simply make the always-unfair fight over the fiscal commons slightly less unfair, and make fiscally prudent policy slightly less unlikely.[19]

Looming unfunded liabilities and fiscal issues are creating crisis conditions in several local US governments, notably in the bankruptcy of Detroit and problems in Illinois and its major city, Chicago. Puerto Rico has run out of time, and other states and cities have only a few years before they reach the same dead end. Efforts to reform pensions have largely been blocked by union lawsuits, and the downward spiral of higher taxes, fleeing taxpayers, and bankrupt governments is coming to more and more of the US.

Reform of the system is difficult — it is always easier to patch problems temporarily than to address the underlying structure of incentives that have caused them. But it will now be necessary to either reform public employee labor rules or let whole regions, and even the Federal government, slip into default and shut down some services entirely. The recent water contamination crisis in Flint, Michigan, is a harbinger of the type of regression to incompetence that is coming unless something is done.

The goal should be a single system that both protects employees from direct political retribution and allows managers to hire, fire, and rearrange workers as needed. Public-sector workers should lose their jobs at about the same rate as private-sector workers, and sinecures must be eliminated. And public-sector unions should not have their dues withheld from paychecks, or be allowed to contribute to election campaigns or lobbying efforts. Plato saw the corruption inherent in government employees dealing in property and business, and having tenured public servants is an invitation for them to act against the public interest to choose their own managers — which is how school boards became vehicles for protecting bad teachers and shutting out the interests of students and parents. “A tenure system increases [a] bureaucrat’s incentive to implement bad policies to replace a politician who does not share their preferences. Thus, tenure tends to make bureaucrat’s performance worse, and this tends to lower [total] welfare.”[20]

No one directly selling to a government body should be making campaign contributions to the politicians that run it, and retiring from public service to a high-salaried lobbying job should also be seen as the shameful double-dealing it is. Glenn Reynolds’ proposal of a Revolving Door Tax is one idea for shutting down this scam. The money that needs to be taken out of politics comes from public employees and corporate contractors to government, not contributions from private individuals and unregulated corporate sources.

[1] https://en.wikipedia.org/wiki/Homestead_Strike
[2] “Union Membership in U.S. Fell to a 70-Year Low Last Year,” by Steven Greenhouse, New York Times, Jan 21, 2011. http://www.nytimes.com/2011/01/22/business/22union.html
[3] http://www.bls.gov/news.release/union2.nr0.htm
[4] https://www.opensecrets.org/industries/contrib.php?cycle=2016&ind=P04
[5] “Boston Police Strike,” Wikipedia accessed 4-21-2016. https://en.wikipedia.org/wiki/Boston_Police_Strike
[6] “112 – Letter on the Resolution of Federation of Federal Employees Against Strikes in Federal Service,” Franklin D. Roosevelt, August 16, 1937. http://www.presidency.ucsb.edu/ws/?pid=15445
[7] “The Trouble with Public Sector Unions.” Daniel DiSalvo, National Affairs No. 5, Fall 2010.
http://www.nationalaffairs.com/publications/detail/the-trouble-with-public-sector-unions
[8] “The Trouble with Public Sector Unions.” Daniel DiSalvo, National Affairs No. 5, Fall 2010.
http://www.nationalaffairs.com/publications/detail/the-trouble-with-public-sector-unions
[9] “Management’s View of the New York City Experience,” Anthony C. Russo, Proceedings of the Academy of Political Science, Vol. 30, No. 2, Unionization of Municipal Employees (Dec., 1970), pp. 81-93
http://www.jstor.org/stable/1173366?seq=1#page_scan_tab_contents
[10] “Executive Order 10988 – Employee-Management Cooperation in the Federal Service,” January 17, 1962.
http://www.presidency.ucsb.edu/ws/?pid=58926
[11] “Labor union work by federal employees on ‘official time’ costs taxpayers millions,” by Eric Boehm, Watchdog.org, November 24, 2014
http://watchdog.org/184413/official-time-costs-taxpayers/
[12] “UC Workers Union Plans to Strike Again,” AFSCME Local 3299 web site, February 19, 2014
http://www.afscme3299.org/2014/02/19/uc-workers-union-plans-to-strike-again/
[13] “L.A. labor leaders seek minimum wage exemption for firms with union workers,” LA Times, May 27, 2015
http://www.latimes.com/local/lanow/la-me-ln-los-angeles-minimum-wage-unions-20150526-story.html
[14] “Pushing Back Against Privatization,” The American Prospect, August 1, 2007
http://prospect.org/article/pushing-back-against-privatization
[15] “Teachers Unions, Vested Interests, and America’s Schools,” Terry M. Moe

Click to access Terry-Moe.pdf

[16] “Public Unions vs. the Public,” Amity Shlaes. Wall Street Journal, Jan. 15, 2015. http://www.wsj.com/articles/book-review-goverment-against-itself-by-daniel-disalvo-1421366405
[17] “Why Public-Sector Strikes Are So Rare,” Governing, by Heather Corrington, Oct. 10, 2012
http://www.governing.com/topics/public-workforce/col-why-public-sector-strikes-are-rare.html
[18] “Differences between private sector unions and government unions,” State Budget Solutions, March 23, 2011
http://www.statebudgetsolutions.org/publications/detail/differences-between-private-sector-unions-and-government-unions
[19] “Budgets and bargaining power: Government workers don’t need unions,” The Economist,
Feb 7, 2011
http://www.economist.com/blogs/democracyinamerica/2011/02/budgets_and_bargaining_power
[20] “Civil Service Reform,” Gergely Ujhelyi, Dept. of Economics, U Houston. Nov. 26, 2012
ftp://ftp.repec.org/opt/ReDIF/RePEc/hou/wpaper/201303216.pdf


Death by HR: How Affirmative Action Cripples OrganizationsDeath by HR: How Affirmative Action Cripples Organizations

[From Death by HR: How Affirmative Action Cripples Organizations,  available now in Kindle and trade paperback.]

The first review is in: by Elmer T. Jones, author of The Employment Game. Here’s the condensed version; view the entire review here.

Corporate HR Scrambles to Halt Publication of “Death by HR”

Nobody gets a job through HR. The purpose of HR is to protect their parent organization against lawsuits for running afoul of the government’s diversity extortion bureaus. HR kills companies by blanketing industry with onerous gender and race labor compliance rules and forcing companies to hire useless HR staff to process the associated paperwork… a tour de force… carefully explains to CEOs how HR poisons their companies and what steps they may take to marginalize this threat… It is time to turn the tide against this madness, and Death by HR is an important research tool… All CEOs should read this book. If you are a mere worker drone but care about your company, you should forward an anonymous copy to him.

 


More reading on other topics:

Jane Jacobs’ Monstrous Hybrids: Guardians vs Commerce
The Great Progressive Stagnation vs. Dynamism
Death by HR: How Affirmative Action is Crippling America
Death by HR: The End of Merit in Civil Service
Corrupt Feedback Loops: Public Employee Unions
Death by HR: History and Practice of Affirmative Action and the EEOC
Civil Service: Woodrow Wilson’s Progressive Dream
Bootleggers and Baptists
Corrupt Feedback Loops: Justice Dept. Extortion
Corrupt Feedback Loops, Goldman Sachs: More Justice Dept. Extortion
Death by HR: The Birth and Evolution of the HR Department
Death by HR: The Simple Model of Project Labor
Levellers and Redistributionists: The Feudal Underpinnings of Socialism
Sons of Liberty vs. National Front
Trump World: Looking Backward
Minimum Wage: The Parable of the Ladder
Selective Outrage
Culture Wars: Co-Existence Through Limited Government
Social Justice Warriors, Jihadists, and Neo-Nazis: Constructed Identities
Tuitions Inflated, Product Degraded, Student Debts Unsustainable
The Morality of Glamour

On Affirmative Action and Social Policy:

Affirmative Action: Chinese, Indian-Origin Citizens in Malaysia Oppressed
Affirmative Action: Caste Reservation in India
Diversity Hires: Pressure on High Tech<a
Title IX Totalitarianism is Gender-Neutral
Public Schools in Poor Districts: For Control Not Education
Real-Life “Hunger Games”: Soft Oppression Destroys the Poor
The Social Decay of Black Neighborhoods (And Yours!)
Child Welfare Ideas: Every Child Gets a Government Guardian!
“Income Inequality” Propaganda is Just Disguised Materialism

The greatest hits from SubstrateWars.com (Science Fiction topics):

Fear is the Mindkiller
Mirror Neurons and Irene Gallo
YA Dystopias vs Heinlein et al: Social Justice Warriors Strike Again
Selective Outrage
Sons of Liberty vs. National Front
“Tomorrowland”: Tragic Misfire
The Death of “Wired”: Hugo Awards Edition
Hugos, Sad Puppies 3, and Direct Knowledge
Selective Outrage and Angry Tribes
Men of Honor vs Victim Culture
SFF, Hugos, Curating the Best
“Why Aren’t There More Women Futurists?”
Science Fiction Fandom and SJW warfare

More reading on the military:

US Military: From No Standing Armies to Permanent Global Power
US Military: The Desegration Experience
The VA Scandals: Death by Bureaucracy

Civil Service: Woodrow Wilson’s Progressive Dream

President Woodrow Wilson - Campaign Button

President Woodrow Wilson – Campaign Button

Until the victory of Andrew Jackson and his hoard of uncouth Democrats in the presidential election of 1828, the relatively tiny Federal government and its agencies were staffed largely by genteel men connected with the Eastern establishment. The Jacksonians came out of the expanding Western and Southern states, which resented the high tariffs imposed by the Eastern establishment to benefit manufacturers, and the new Democratic Party practiced the spoils system of patronage appointments — government jobs were filled by political supporters, and the promise of a government job was often the motivation for campaign workers. While today many see election contributions as corrupting, it was far more wasteful and corrupt to have government jobs turned over to barely competent campaign workers. This turnover on the election of a new administration did remove staff who might not implement the new administration’s policies, but it also broke continuity and allowed for more corruption. This was not terribly harmful to the newish country since federal agencies had limited scope and power over commerce — after Jackson’s inauguration, 10% of government officers were replaced by new appointees, but that was 919 replaced out of less than ten thousand employees total.[1] For comparison, if postal workers are included, there are now around 2.8 million Federal employees.[2]

Corruption scandals were frequent, and the reform movement to bring in a professionalized meritocratic civil service at the Federal level succeeded with the passage of the Pendleton Act in 1883, which created a bipartisan Civil Service Commission to fill positions by merit and protect current employees from political interference. The number of jobs so protected expanded with each administration as they moved to shield their own political appointees from removal at the end of their terms, until all but the most senior policymaking positions were covered. Today, political appointees have to deal with a permanent bureaucracy under them, which can successfully resist needed reforms as well as corruption.

The idea of a civil service originally came from China, where for a thousand years positions in Imperial service were filled through difficult examinations covering Confucian doctrines, poetry, and calligraphy, which while not directly relevant to most bureaucratic work, at least selected for competence in writing and thought. While in theory such exam systems would allow anyone of any class to demonstrate merit and move into a powerful position, in practice only the children of the landed gentry had the time and resources to study for the exams, but at least their system kept out those whose only qualification was a powerful patron.

As an interesting side-note, the Chinese idea of meritocracy goes back at least 2300 years. The recent discoveries of writings on bamboo from that era revealed considerable philosophical ferment, with the idea of rulers abdicating their power to successors selected by merit as the proper action of a wise ruler:

The manuscripts’ importance stems from their particular antiquity. Carbon dating places their burial at about 300 BCE. This was the height of the Warring States Period, an era of turmoil that ran from the fifth to the third centuries BCE. During this time, the Hundred Schools of Thought arose, including Confucianism, which concerns hierarchical relationships and obligations in society; Daoism (or Taoism), and its search to unify with the primordial force called Dao (or Tao); Legalism, which advocated strict adherence to laws; and Mohism, and its egalitarian ideas of impartiality. These ideas underpinned Chinese society and politics for two thousand years, and even now are touted by the government of Xi Jinping as pillars of the one-party state.

The newly discovered texts challenge long-held certainties about this era. Chinese political thought as exemplified by Confucius allowed for meritocracy among officials, eventually leading to the famous examination system on which China’s imperial bureaucracy was founded. But the texts show that some philosophers believed that rulers should also be chosen on merit, not birth—radically different from the hereditary dynasties that came to dominate Chinese history.[4]

The Chinese Imperial civil service was widely admired by Europeans and was the inspiration for civil service reforms in the British Empire, where posts had previously been handed out by patronage or directly sold. The British East India Company College was founded in 1806 to train bureaucrats for their Indian civil service, and the idea of merit and examinations to select the best employees for government service spread through Europe and to the US.

Before he was elected president, the Progressive academic Woodrow Wilson wrote “The Study of Administration,” an essay setting forth his ideas on how public agencies should be organized. In 1886, his ideals of eternal, professional bureaucracies expanding enlightened government control over every service may have sounded achievable:

There is scarcely a single duty of government which was once simple which is not now complex; government once had but a few masters; it now has scores of masters. Majorities formerly only underwent government; they now conduct government. Where government once might follow the whims of a court, it must now follow the views of a nation.

And those views are steadily widening to new conceptions of state duty; so that, at the same time that the functions of government are every day becoming more complex and difficult, they are also vastly multiplying in number. Administration is everywhere putting its hands to new undertakings. The utility, cheapness, and success of the government’s postal service, for instance, point towards the early establishment of governmental control of the telegraph system. Or, even if our government is not to follow the lead of the governments of Europe in buying or building both telegraph and railroad lines, no one can doubt that in some way it must make itself master of masterful corporations. The creation of national commissioners of railroads, in addition to the older state commissions, involves a very important and delicate extension of administrative functions. Whatever hold of authority state or federal governments are to take upon corporations, there must follow cares and responsibilities which will require not a little wisdom, knowledge, and experience. Such things must be studied in order to be well done. And these, as I have said, are only a few of the doors which are being opened to offices of government. The idea of the state and the consequent ideal of its duty are undergoing noteworthy change; and “the idea of the state is the conscience of administration.” Seeing every day new things which the state ought to do, the next thing is to see clearly how it ought to do them.

This is why there should be a science of administration which shall seek to straighten the paths of government, to make its business less unbusinesslike, to strengthen and purify its organization, and to crown its duties with dutifulness. This is one reason why there is such a science.

Wilson looked to European models (as Progressives still do):

But where has this science grown up? Surely not on this side [of] the sea. Not much impartial scientific method is to be discerned in our administrative practices. The poisonous atmosphere of city government, the crooked secrets of state administration, the confusion, sinecurism, and corruption ever and again discovered in the bureaux at Washington forbid us to believe that any clear conceptions of what constitutes good administration are as yet very widely current in the United States. No; American writers have hitherto taken no very important part in the advancement of this science. It has found its doctors in Europe. It is not of our making; it is a foreign science, speaking very little of the language of English or American principle. It employs only foreign tongues; it utters none but what are to our minds alien ideas. Its aims, its examples, its conditions, are almost exclusively grounded in the histories of foreign races, in the precedents of foreign systems, in the lessons of foreign revolutions. It has been developed by French and German professors, and is consequently in all parts adapted to the needs of a compact state, and made to fit highly centralized forms of government; whereas, to answer our purposes, it must be adapted, not to a simple and compact, but to a complex and multiform state, and made to fit highly decentralized forms of government. If we would employ it, we must Americanize it, and that not formally, in language merely, but radically, in thought, principle, and aim as well. It must learn our constitutions by heart; must get the bureaucratic fever out of its veins; must inhale much free American air…

…in spite of our vast advantages in point of political liberty, and above all in point of practical political skill and sagacity, so many nations are ahead of us in administrative organization and administrative skill. Why, for instance, have we but just begun purifying a civil service which was rotten full fifty years ago? To say that slavery diverted us is but to repeat what I have said — that flaws in our constitution delayed us.

Of course all reasonable preference would declare for this English and American course of politics rather than for that of any European country. We should not like to have had Prussia’s history for the sake of having Prussia’s administrative skill; and Prussia’s particular system of administration would quite suffocate us. It is better to be untrained and free than to be servile and systematic. Still there is no denying that it would be better yet to be both free in spirit and proficient in practice. It is this even more reasonable preference which impels us to discover what there may be to hinder or delay us in naturalizing this much-to-be-desired science of administration.

We may find his technocratic idealism tragic and misguided, since we know his efforts did not result in that decentralized, responsive American-style civil service he had envisioned. Wilson admired the Prussian social welfare state, and the implementation of many of its features — government healthcare, government pension schemes, and centralized public schools to train good workers amenable to state guidance — became the Progressive program for the succeeding decades, with today’s Progressives continuing to promote universal pre-K and government-run healthcare as central goals over a hundred years later. Wilson blamed that stodgy old Constitution for holding back progress, which he thought could be achieved through “scientific administration” of government which would leave citizens “free in spirit and proficient in practice.” Where, in practice, implementation of his ideas created an underclass of citizens so unproficient as to lose their freedom to dependency and addiction.

Wilson responded to critics who argued civil servants would be unaccountable:

And let me say that large powers and unhampered discretion seem to me the indispensable conditions of responsibility. Public attention must be easily directed, in each case of good or bad administration, to just the man deserving of praise or blame. There is no danger in power, if only it be not irresponsible. If it be divided, dealt out in shares to many, it is obscured; and if it be obscured, it is made irresponsible. But if it be centred in heads of the service and in heads of branches of the service, it is easily watched and brought to book.

I know that a corps of civil servants prepared by a special schooling and drilled, after appointment, into a perfected organization, with appropriate hierarchy and characteristic discipline, seems to a great many very thoughtful persons to contain elements which might combine to make an offensive official class, — a distinct, semi-corporate body with sympathies divorced from those of a progressive, free-spirited people, and with hearts narrowed to the meanness of a bigoted officialism. Certainly such a class would be altogether hateful and harmful in the United States. Any measure calculated to produce it would for us be measures of reaction and of folly….

But to fear the creation of a domineering, illiberal officialism as a result of the studies I am here proposing is to miss altogether the principle upon which I wish most to insist. That principle is, that administration in the United States must be at all points sensitive to public opinion. A body of thoroughly trained officials serving during good behavior we must have in any case: that is a plain business necessity. But the apprehension that such a body will be anything un-American clears away the moment it is asked, What is to constitute good behavior? For that question obviously carries its own answer on its face. Steady, hearty allegiance to the policy of the government they serve will constitute good behavior. That policy will have no taint of officialism about it. It will not be the creation of permanent officials, but of statesmen whose responsibility to public opinion will be direct and inevitable.

Bureaucracy can exist only where the whole service of the state is removed from the common political life of the people, its chiefs as well as its rank and file. Its motives, its objects, its policy, its standards, must be bureaucratic. It would be difficult to point out any examples of impudent exclusiveness and arbitrariness on the part of officials doing service under a chief of department who really served the people, as all our chiefs of departments must be made to do. It would be easy, on the other hand, to adduce other instances like that of the influence of Stein in Prussia, where the leadership of one statesman imbued with true public spirit transformed arrogant and perfunctory bureaux into public-spirited instruments of just government….

The ideal for us is a civil service cultured and self-sufficient enough to act with sense and vigor, and yet so intimately connected with the popular thought, by means of elections and constant public counsel, as to find arbitrariness of class spirit quite out of the question.

In hindsight, we know that accountability has been almost completely lost, with the recent failures at Federal agencies resulting in nothing more punishing than transfers or brief suspensions. We’ll go over how this came to be in the later chapter on public employee unions, which have made punishment of negligent or criminal employees, merely difficult under civil service rules, near-impossible. And as a result, there is close to zero response to efforts from above to make bureaucracies function efficiently and responsively. Public anger over scandals at the VA and the IRS have resulted in little or no reform and bureaucracies have grown larger and less responsive as their functions have multiplied until no one — not even Congress — can control them. Similarly, already heavily-regulated banks and mortgage agencies were nationalized (in the case of Fannie Mae and Freddie Mac) or heavily fined after the financial crisis of 2008, but only one banker spent time in jail. Bankers as a class had become as immune from prosecution as civil servants.

And our politics are now dominated by a government Leviathan supported and supporting “a distinct, semi-corporate body with sympathies divorced from those of a progressive, free-spirited people, and with hearts narrowed to the meanness of a bigoted officialism” — unaccountable regulators, civil servants, unionized public employees, and regulated big businesses protected from upstart competition.

Progressives had good intentions — directed by Science and molding flawed human beings into more virtuous citizens by edict and government training, the enlightened Administration would shepherd the flock to a brighter, healthier future. The Progressive causes — Prohibition, eugenics, antitrust, the Federal Reserve system, centralized public schooling, Social Security and Medicare — have all been implemented, and while the most flawed (Prohibition, eugenics) were quickly abandoned and renounced, many remain with us, rooted so deeply in our society that major change seems impossible. Too many vested interests and public employees depend on them, and voters are more and more likely to be dependent as well, and so unwilling to risk voting for any reforms. But as Herb Stein said, “If something cannot go on forever, it will stop,” and the current worldwide debt crisis will forcibly dismantle these systems as the money to support them in their current form evaporates. This seems to be the inevitable result of universal laws of bureaucratic growth in democratic systems, the kind of systemic corruption the Founding Fathers warned against when they set up what they hoped would remain a limited republican government.

[1] https://en.wikipedia.org/wiki/Spoils_system
[2] https://en.wikipedia.org/wiki/United_States_federal_civil_service
[4] “A Revolutionary Discovery in China,”
Ian Johnson, April 21, 2016. The New York Review of Books.

A Revolutionary Discovery in China


Death by HR: How Affirmative Action Cripples OrganizationsDeath by HR: How Affirmative Action Cripples Organizations

[From Death by HR: How Affirmative Action Cripples Organizations,  available now in Kindle and trade paperback.]

The first review is in: by Elmer T. Jones, author of The Employment Game. Here’s the condensed version; view the entire review here.

Corporate HR Scrambles to Halt Publication of “Death by HR”

Nobody gets a job through HR. The purpose of HR is to protect their parent organization against lawsuits for running afoul of the government’s diversity extortion bureaus. HR kills companies by blanketing industry with onerous gender and race labor compliance rules and forcing companies to hire useless HR staff to process the associated paperwork… a tour de force… carefully explains to CEOs how HR poisons their companies and what steps they may take to marginalize this threat… It is time to turn the tide against this madness, and Death by HR is an important research tool… All CEOs should read this book. If you are a mere worker drone but care about your company, you should forward an anonymous copy to him.

 


More reading on other topics:

Jane Jacobs’ Monstrous Hybrids: Guardians vs Commerce
The Great Progressive Stagnation vs. Dynamism
Death by HR: How Affirmative Action is Crippling America
Death by HR: The End of Merit in Civil Service
Corrupt Feedback Loops: Public Employee Unions
Death by HR: History and Practice of Affirmative Action and the EEOC
Civil Service: Woodrow Wilson’s Progressive Dream
Bootleggers and Baptists
Corrupt Feedback Loops: Justice Dept. Extortion
Corrupt Feedback Loops, Goldman Sachs: More Justice Dept. Extortion
Death by HR: The Birth and Evolution of the HR Department
Death by HR: The Simple Model of Project Labor
Levellers and Redistributionists: The Feudal Underpinnings of Socialism
Sons of Liberty vs. National Front
Trump World: Looking Backward
Minimum Wage: The Parable of the Ladder
Selective Outrage
Culture Wars: Co-Existence Through Limited Government
Social Justice Warriors, Jihadists, and Neo-Nazis: Constructed Identities
Tuitions Inflated, Product Degraded, Student Debts Unsustainable
The Morality of Glamour

On Affirmative Action and Social Policy:

Affirmative Action: Chinese, Indian-Origin Citizens in Malaysia Oppressed
Affirmative Action: Caste Reservation in India
Diversity Hires: Pressure on High Tech<a
Title IX Totalitarianism is Gender-Neutral
Public Schools in Poor Districts: For Control Not Education
Real-Life “Hunger Games”: Soft Oppression Destroys the Poor
The Social Decay of Black Neighborhoods (And Yours!)
Child Welfare Ideas: Every Child Gets a Government Guardian!
“Income Inequality” Propaganda is Just Disguised Materialism

The greatest hits from SubstrateWars.com (Science Fiction topics):

Fear is the Mindkiller
Mirror Neurons and Irene Gallo
YA Dystopias vs Heinlein et al: Social Justice Warriors Strike Again
Selective Outrage
Sons of Liberty vs. National Front
“Tomorrowland”: Tragic Misfire
The Death of “Wired”: Hugo Awards Edition
Hugos, Sad Puppies 3, and Direct Knowledge
Selective Outrage and Angry Tribes
Men of Honor vs Victim Culture
SFF, Hugos, Curating the Best
“Why Aren’t There More Women Futurists?”
Science Fiction Fandom and SJW warfare

More reading on the military:

US Military: From No Standing Armies to Permanent Global Power
US Military: The Desegration Experience
The VA Scandals: Death by Bureaucracy