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will fly later this week for the first time
since the September 11 tragedy. I will cooperate fully with
security personnel, even if they make me take off the American
Flag pin I have been wearing recently because it is sharp, and
therefore a potential weapon. I am prepared to sacrifice more
of my freedom for the sake of safety.
It is absolutely essential for
Americans to support their government in wartime, and we are at
war with terrorism and the governments that support it. We
should not forget, however, that America was born in
revolution. We threw tea into Boston Harbor, went to war
against the finest army in the world, and gave up our lives to
achieve independence from a tyrannical government. Even our
Constitution, adopted in 1787, is a document that is based on
distrust of government. The Bill of Rights, which may be the
most important document of government ever written, is
anti-government.
In that Bill of Rights, we find
the First Amendment, guaranteeing freedom of speech, freedom of
the press, and religious freedom. Articles in the Clothesline
enjoy the same protection as the editorials in the New York Times and Washington
Post. Therefore, I
think this would be an appropriate time — as a management
labor lawyer with 25 years experience — to express my
opinions. I think this is the time when the Clothesline puts
a disclaimer that the opinions in this article are the author’s,
and do not necessarily reflect the views of the paper.
1. I believe that the civil rights laws were a
good idea, but I think that they have become the hiding place
of scoundrels. I have seen these laws used to protect dishonest
people and punish honest employers. There are courts and
government agencies advocating that employees with disabilities
may not be required to show up for work as part of their job
duties. That’s the kind of nonsense that an employer
rebellion should be based upon.
2. I believe that you should be able to use
profanity in the workplace (though I don’t necessarily
favor it), comment favorably or unfavorably on what your
employees are wearing, and fire incompetent or dishonest
employees without worrying about being sued.
3. I believe that government lawyers are so
convinced of the righteousness of their positions that they are
not subject to logic and reason. If you think you hate lawyers
now, spend some time dealing with a government attorney who
wants to punish your business for trying to make a profit.
4. I believe that the average person wants his
government to protect him from criminals and terrorists, put
out his fires, deliver his mail, build his roads, defend his
nation, and collect his trash. We do not want the government
meddling in the workplace.
5. I believe that the government treats employers
like criminals. The government, incorrectly, believes that
employers are more interested in profit than safety and are
more interested in cheating customers than serving them. I
believe many government officials want you unionized.
While I will remain respectful of
government authority as it tries to protect me, I will continue
to fight against oppression in the workplace. You should, too.
As an employer, stand up for your
rights. Resist government attempts to run your business.
Support candidates who believe that business is important to
America, not candidates who believe that unions can do no wrong
and employers can do no right.
Patrick Henry said: “Give me
liberty or give me death.” Notice that he did not say “freedom.”
What he was saying is that he wanted immunity from the
arbitrary exercise of authority by government.
The sentiment works today as well
as it did 225 years ago. Support our government when it does
the right thing, but never give up your liberty, even as an
employer.
Frank Kollman is a partner in the law firm
of Kollman & Sheehan, PA, in Baltimore, MD. He can be
reached at (410) 727-4391. His firm’s web site at www.kollman-sheehan.com has more articles and other information on
employee/employer relations. The firm also has a web site for
human resource professionals at www.hrlawforum.com.
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