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by mirimir
2517 days ago
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It's true that the legality of unions in the US depends on an exception in antitrust law. But it's also true that corporations depend on state-backed exceptions to common law. As such, corporations were generally illegal in the US until the late 1800s. There was an exception for corporations serving the public interest. Initially for building canals and railroads. But in the late 1800s, a series of Supreme Court opinions removed those limitations. Eventually, they got some protection under the 1st, 5th and 14th Amendments. And recently, wider protection under the 1st Amendment. As long as we're going to allow collective action by business owners, it's only fair that we allow collective action by workers. |
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The “corporate” form of a business (as supposed to a partnership or other structure) is mostly a matter of taxes, legal liability, and the manner of raising capital and distributing profits.
Powerful unions are typically larger than the workforce of any one single company.