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	<updated>2013-06-18T13:54:05Z</updated>
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	<subtitle type="text">Articles by Sterling T. Terrell</subtitle>
	<entry>
	  <title>Myth&#45;Busting the Unions</title>
	  <link rel="alternate" type="text/html" href="http://takimag.com/article/myth_busting_the_unions" />
	  <id>tag:takimag.com,2011:article/1.12102</id>
	  <published>2011-12-14T04:00:18Z</published>
	  <updated>2011-12-13T18:25:20Z</updated>
	  <author>
			<name>Sterling T. Terrell</name>
			<email>sterling@takimag.com</email>
				  </author>

	  <category term="Trade Unions"
		scheme="http://takimag.com/news/C258"
		label="Trade Unions" />
	  <category term="Commerce"
		scheme="http://takimag.com/news/C273"
		label="Commerce" />
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<p><i>Esquire</i> magazine recently did <a href="http://www.esquire.com/features/americans-2011/richard-trumka-1211">a profile</a> on AFL-CIO President Richard Trumka. There are enough half-truths, distortions, and flat-out lies in Trumka’s quotes to fill up an entire book with refutations.</p>

<p>Trumka rattles on with dysphemisms and clichés about the evils of capitalism and economic freedom (<a href="http://www.economicfreedom.org/2011/09/07/economic-freedom-quality-of-life/">not true</a>), flat wages (<a href="http://data.worldbank.org/indicator/NY.GDP.PCAP.CD?display=graph">not true</a>), income inequality (<a href="http://hhs.diva-portal.org/smash/record.jsf?pid=diva2:357713">more freedom means more equality</a>), the rich not paying enough taxes (<a href="http://www.theatlantic.com/business/archive/2011/05/51-of-americans-pay-no-federal-income-taxes/238329/">not true</a>), and the need for higher taxes to solve problems (<a href="http://washingtonexaminer.com/politics/2011/04/mr-obama-taxing-rich-wont-increase-revenues">not going to work</a>).</p>

<p>What does a union do, anyway? Dictionary.com says a <a href="http://dictionary.reference.com/browse/labor+union">labor union</a> is:</p>

<blockquote><p>an organization of wage earners or salaried employees for mutual aid and protection and for dealing collectively with employers; trade union.</p>
</blockquote>

<p>That’s fairly simple. But what do unions themselves say? Trumka’s<a href="http://www.aflcio.org/aboutus/thisistheaflcio/mission/"> AFL-CIO</a> declares in its mission statement:</p>

<blockquote><p>The mission of the AFL-CIO is to improve the lives of working families—to bring economic justice to the workplace and social justice to our nation. To accomplish this mission we will <b>build</b> and <b>change</b> the American labor movement.</p>
</blockquote>

<p>That begs the question: How do they define economic justice? And they want the American labor movement built and changed into what?</p><div class="pullquote">“Unions demand higher wages for themselves at the expense of others. And they do so by government coercion.”</div>

<p>Rhetoric aside, if labor unions are workers banded together for higher wages and better working conditions, this implies a number of things.</p>

<p>First, this premise implies that without unions acting on workers’ behalf, then working conditions and pay would inherently be unfair if the economy and world were allowed to exist in its natural state without intervention. In short, it says that people naturally exploit each other in the marketplace. This notion is an entirely <a href="http://en.wikipedia.org/wiki/Karl_Marx">Marxist</a> idea. </p>

<p>In his book <i>Marxism: Philosophy and Economics</i>, economist Thomas Sowell points to a number of examples. </p>

<p>He quotes <a href="http://en.wikipedia.org/wiki/Friedrich_Engels">Friedrich Engels</a>:</p>

<blockquote><p>The separation of society into an exploiting and an exploited class, a ruling and an oppressed class, was the necessary consequence of the deficient and restricted development of production in former times.</p>
</blockquote>

<p>Sowell notes this passage from Marx’s <i>The Poverty of Philosophy</i>:</p>

<blockquote><p>The natural price of labor is no other than the wage minimum.</p>
</blockquote>

<p>Sowell cites the <i>The Communist Manifesto</i>:</p>

<blockquote><p>the modern labourer…instead of rising with the progress of industry, sinks deeper and deeper below the conditions of existence of his own class.</p>
</blockquote>

<p>Trumka echoes all of it.</p>

<p>{pagebreak}</p>

<p>This last idea—of ever-sinking conditions—is hard to reconcile with the last two hundred years’ massive increases in overall living standards. Marx himself had a hard time fitting this idea into the world in which he lived. He conceded a rise in Britain’s agricultural workers’ pay from 1845-1849 but called it “practically insignificant.” When pressed on the numbers in public, Marx admitted it was “about forty percent.”</p>

<p>In the market economy, there is a natural price for everything. Prices are determined by the supply of, and the demand for, a given good or service. This is also true for labor.</p>

<p>If the natural price for labor is $5 per hour for an unskilled worker, and unions seek to collectively bargain for wages higher than $5 per hour, why would a business ever hire a union worker? Why would a struggling business not fire all of their union workers who demand relatively higher wages and hire non-union workers demanding relatively lower wages?</p>

<p>The answer is simple: The government does not make it that easy.</p>

<p>To understand this fact, one must become familiar with both the <a href="http://en.wikipedia.org/wiki/Norris_%E2%80%93_La_Guardia_Act">Norris-La Guardia Act</a> of 1932 and the <a href="http://en.wikipedia.org/wiki/National_Labor_Relations_Act">Wagner Act</a> of 1935.</p>

<p>The former made condition of employment contracts—not to join unions—non-enforceable in court, it made unions exempt from antitrust laws, and it removed federal courts’ jurisdiction in labor disputes. The latter is credited with forming the <a href="http://www.nlrb.gov/">National Labor Relations Board</a> which oversees and enforces a number of labor laws. On their website they list examples of illegal employer activities:</p>

<blockquote><p>Threatening employees with loss of jobs or benefits if they join or vote for a union or engage in protected concerted activity.</p>

<p>Threatening to close the plant if employees select a union to represent them.</p>

<p>Questioning employees about their union sympathies or activities in circumstances that tend to interfere with, restrain or coerce employees in the exercise of their rights under the Act.</p>

<p>Promising benefits to employees to discourage their union support.</p>

<p>Transferring, laying off, terminating, assigning employees more difficult work tasks, or otherwise punishing employees because they engaged in union or protected concerted activity.</p>

<p>Transferring, laying off, terminating, assigning employees more difficult work tasks, or otherwise punishing employees because they filed unfair labor practice charges or participated in an investigation conducted by NLRB.</p>
</blockquote>

<p>Both the <a href="http://en.wikipedia.org/wiki/Davis%E2%80%93Bacon_Act">Davis-Bacon Act</a> of 1931 and the <a href="http://en.wikipedia.org/wiki/Walsh%E2%80%93Healey_Public_Contracts_Act">Walsh-Healey Act</a> of 1936 prescribe federal regulation of minimum wages. Davis-Bacon requires “prevailing wages” on all government construction contracts over two thousand dollars. Walsh-Healey extends the requirement of “prevailing wages” to all government contracts over ten thousand dollars. And finally, the <a href="http://en.wikipedia.org/wiki/Fair_Labor_Standards_Act">Fair Labor Standards Act</a> of 1938 extended federally mandated minimum wages to the entire country.</p>

<p>Unfortunately, minimum wages have consequences. Any economist will tell you that price ceilings cause shortages and price floors cause surpluses. Since a minimum wage is a price floor (i.e., by law, prices are not allowed to fall below a certain level), the effect is a surplus of labor—also called unemployment. Because of this, minimum-wage laws eliminate competition. </p>

<p>Say the natural price for labor is $5 per hour for an unskilled worker, meaning a sufficient number of workers are more than willing to do the job for $5 per hour. If government fiat imposes a minimum wage of $7 per hour, relatively lower-paid workers are eliminated from freely competing with relatively higher-paid workers. Such artificially imposed higher wage levels protect union jobs from those willing to compete on price.</p>

<p>The strike, or the threat of a strike, is the unions’ main weapon to bend management to their will. But it’s more than a strike, as economist Morgan Reynolds notes in his book <i>Power and Privilege: Labor Unions in America</i>:</p>

<blockquote><p>A union’s problem is painfully obvious: organized strikers must shut down the enterprise, close the market to everyone else—uncooperative workers, union members, disenchanted former strikers, and employers—in order to force wages and working conditions above free-market rates. If too many individuals defy the strikers&#8230;then unionists often resort to force. Unionists ultimately cannot impose noncompetitive wage rates&#8230;unless they can prevent employers from hiring consenting adults on terms that are mutually satisfactory. Unions must actively interfere with freedom of trade in labor markets in order to deliver on their promises.</p>
</blockquote>

<p>Unions demand higher wages for themselves at the expense of others. And they do so by government coercion.</p>

<p>As economist <a href="http://online.wsj.com/article/SB10001424052748704150604576166011983939364.html">Robert Barro</a> notes, when <i>employers</i> band together for the highest price possible it is outlawed as a form of reprehensible greed, while when <i>employees</i> band together seeking the highest price possible it is considered heroic and just.</p>

<p>Read all you can about unions. Contradictions abound.</p>

<p>And Trumka is nothing but a political hack.</p>

<p>&nbsp;</p>
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	<subtitle type="text">Articles by Sterling T. Terrell</subtitle>
	<entry>
	  <title>The Passing Scene</title>
	  <link rel="alternate" type="text/html" href="http://takimag.com/article/the_passing_scene2" />
	  <id>tag:takimag.com,2010:article/1.11097</id>
	  <published>2010-10-22T03:57:57Z</published>
	  <updated>2010-10-20T16:00:59Z</updated>
	  <author>
			<name>Sterling T. Terrell</name>
			<email>sterling@takimag.com</email>
				  </author>

	  <category term="Ephemera"
		scheme="http://takimag.com/news/C174"
		label="Ephemera" />
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		scheme="http://takimag.com/news/C272"
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<p class="byline large" style="padding:8px;">Lady Gaga</p>
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<p>I don’t care that Mel Gibson lost it a little.&nbsp; He is still one of the best actors in a generation - And I would rather have dinner with him than Sean Penn any day.</p>

<p>If they make my next laptop computer any smaller, I am going to need smaller hands.</p>

<p>Tiger Woods has become completely irrelevant.</p>

<p>I met a guy the other day with a Bachelor’s degree who could not put two coherent thoughts  together on paper.&nbsp; Is it just me, or is the bar in education getting lower and lower?</p>

<p>HBO’s True Blood is weirder every season - unbearably so.</p>

<p>The older I get, the more and more I want to go back and punch my high school guidance counselor.</p>

<p>Pirates of the Caribbean is doing a part 4.&nbsp; That might be one too many.</p>

<p>If I had to be poor in any country on earth - I would pick America.&nbsp; Or, Switzerland.&nbsp; Switzerland is nice too.</p>

<p>Before my BlackBerry, I am not sure how I lived.</p>

<p>I wish the American proletariat would read more - travel more too.</p>

<p>Facebook is here to stay.</p>

<p>Lady Ga Ga is completely weird.&nbsp; And it makes me crazy that I love her music.</p>

<p>I wish everyone would stop telling me how to eat  - including the government.</p>

<p>Lindsay Lohan needs a father figure - yesterday.</p>

<p>I find myself amazed at the writing of Cormac McCarthy.&nbsp; In my opinion, his older works are his best.</p>

<p>I am glad Ben Affleck is no longer a professional joke.</p>

<p>Watching clips from a Senate hearing the other day made me shake my head - I still can’t believe Al Franken got elected to the Senate.</p>

<p>I think it’s hilarious that Newsweek sold for $1.&nbsp; My couch could have bid for it.</p>

<p>How I Met Your Mother is hilarious.&nbsp; But, I wish Marshall was not the only virtuous character on the show.</p>

<p>I am weary of the “Hope” - and the “Change”.</p>

<p>We don’t dress well anymore.&nbsp; People in pictures, in the soup lines of the Great Depression, look better dressed than most people do now.</p>

<p>I hope that Harry Reid has more of a backbone in private, than he looks like he does in public.</p>

<p>How can I possibly have five email accounts, and use all of them?</p>

<p>What did I drink before bottled water was popularized?&nbsp; Tap water?&nbsp; I can’t imagine having to drink that stuff again.</p>

<p>I wish Thomas Sowell and Clint Eastwood had another 30 years of their prime left in them - Taki Theodoracopulos too.</p>


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	<subtitle type="text">Articles by Sterling T. Terrell</subtitle>
	<entry>
	  <title>The Congressional Effect</title>
	  <link rel="alternate" type="text/html" href="http://takimag.com/article/the_congressional_effect" />
	  <id>tag:takimag.com,2010:article/1.11013</id>
	  <published>2010-09-24T03:59:18Z</published>
	  <updated>2010-09-24T02:56:19Z</updated>
	  <author>
			<name>Sterling T. Terrell</name>
			<email>sterling@takimag.com</email>
				  </author>

	  <category term="Moolah"
		scheme="http://takimag.com/news/C131"
		label="Moolah" />
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		scheme="http://takimag.com/news/C273"
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<p>In times such as these, people everywhere are seeking investment advice.&nbsp; Even my dentist was quizzing me on alternatives the last time I was in.</p>

<p>In a broad sense, there is little to get excited about.&nbsp; The S&amp;P 500 has had a <a href="https://docs.google.com/a/mises.com/document/edit?id=1sdsrixLm_eeLHLOv4s-lbqiLGKmKaHwkI8jTL-ops8g&amp;hl=en" title="" target="_blank">dismal performance</a> since 1997, and current trends in both monetary and fiscal policy make most investors want to sit and hang their head.</p>

<p>With such an uncertain future for both the USA, and the world, there seems to be fewer and fewer attractive alternatives.&nbsp; Gold?&nbsp; The S&amp;P 500?&nbsp; Foreign Currencies? Corporate Bonds?&nbsp; TIPS?&nbsp; Real Estate?&nbsp; Foreign Equities?...The hole in the back yard?</p>

<p>I find my self routinely going through “The Best - Of the Worst List” in my head.</p>

<p>As an “<a href="http://mises.org/etexts/austrian.asp" title="" target="_blank">Austrian</a>” economist, maybe an investment premise to start from should be: “If the government is running it, it probably is not doing well.”</p>

<p>Starting from there, and looking around a bit, I stumbled across <a href="http://www.congressionaleffectmanagement.com/" title="" target="_blank">Congressional Effect Management</a>, the company that manages the <a href="http://www.congressionalfund.com/" title="" target="_blank">Congressional Effect Fund</a>, a mutual fund run by Eric Singer.</p>

<p>The Congressional Effect Fund (CEFFX) is a no-load fund with a low minimum initial investment, a higher than average annual fee, and surprisingly <a href="http://www.congressionaleffectfund.com/performance.php" title="" target="_blank">good performance</a>.</p>

<p>Naturally, Congressional Effect Management  is based upon the premise of the <a href="http://en.wikipedia.org/wiki/The_Congressional_Effect" title="" target="_blank">Congressional Effect</a>, which basically says:&nbsp; “The stock market preforms better when congress is not in session.”&nbsp; This phenomenon was originally profiled in a 1992 <em>Barron</em>’s article.</p>

<p>In short, Singer <a href="http://www.congressionaleffectmanagement.com/articles.php?id=1" title="" target="_blank">said</a>:</p>

<blockquote><p>For a final check, I went back 15 years, to the last three years of the Carter Administration. (Why didn&#8217;t I go back further? Because that was all the data I could buy cheaply. Besides, most of the people running the market these days can&#8217;t remember that far back anyway.)</p>

<p>Once more, the relationships held, with the S&amp;P 500 up a daily average of .00036% when Congress was open, vs. .00066% when Congress was out of town.</p>
</blockquote>

<p>More <a href="http://www.congressionaleffectmanagement.com/articles.php?id=15" title="" target="_blank">recently</a>, the same phenomenon has also held:</p>

<blockquote><p>The trend has intensified in recent years right along with government growth. From 2000 through 2008, the in-session annualized daily performance of the S&amp;P 500 was a negative 12.4 percent. The out-of-session performance: positive 8.8 percent. In other words, had you invested $10,000 only when Congress was in session from the beginning of 2000 through 2008, excluding dividends, you would have $4,615. Had you invested that same $10,000 only on days when Congress was on vacation, you&#8217;d have $13,416.</p>
</blockquote>

<p>Simply, the Congressional Effect Fund invests in the S&amp;P 500 when Congress is out of session, and sells its position, buying domestic interest bearing securities, when Congress goes back into session.</p>

<p>The fund is listed as one of “<a href="http://articles.moneycentral.msn.com/Investing/MutualFunds/the-10-strangest-mutual-funds.aspx" title="" target="_blank">The 10 Strangest Mutual Funds</a>,&#8221; naturally.</p>

<p>Having the strategy that is does, Congressional Effect Management aligns itself with similar organizations.&nbsp; To my pleasure, the fund lists such organizations at the Cato Institute, the American Enterprise Institute, The Heritage Foundation, and the Ludwig von Mises Institute under their “<a href="http://www.congressionaleffectmanagement.com/friends.php" title="" target="_blank">Friends of Freedom</a>” page.</p>

<p>Citing an 1866 quote by Judge Gideon J. Tucker, Congressional Effect Management’s homepage declares:</p>

<p>“No man’s life, liberty, or property is safe while the legislature is in session.”</p>

<p>Well, cheers.</p>

<p>I’ll invest to that.</p>

<p>&nbsp;</p>
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