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InvisibleEnlilMDiscord
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Re: Hillary 'Turns Over' E-mail Server and Thumbnail drive to FBI [Re: Bigbadwooof]
    #24209498 - 03/31/17 10:17 PM (6 years, 9 months ago)

Lol, people didn't talk like that back then.  I was 25 the first time I taught.  Some of my students were older than me.  I had a high school diploma and maybe a year's equivalent of college.


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OfflineFalcon91Wolvrn03
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Re: Hillary 'Turns Over' E-mail Server and Thumbnail drive to FBI [Re: Enlil]
    #24209590 - 03/31/17 11:15 PM (6 years, 9 months ago)

Quote:

Enlil said:
So, are you able to break down your claim that the courts are responsible?



YES.

I've agreed with you on multiple occasions that pensions would not have been there in the first place if not for collective bargaining, and that this was a great argument you made in favor of collective bargaining.

But that's NOT what we're arguing about - we're arguing whether or not police would be able to keep that pension if the Supreme Court had ruled differently.  Had the Supreme Court had ruled differently, then police who didn't do their job WOULD have been guilty of a crime.  And in many states, pension can be revoked for conviction of crime related to official duties.  So yes, the courts WERE responsible for allowing police to not do their job and still collect pension by saying it was ok.

Now, care to address any of the other points you skipped over?


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Edited by Falcon91Wolvrn03 (03/31/17 11:31 PM)


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OfflineFalcon91Wolvrn03
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Re: Hillary 'Turns Over' E-mail Server and Thumbnail drive to FBI [Re: Bigbadwooof]
    #24209592 - 03/31/17 11:17 PM (6 years, 9 months ago)

Quote:

Bigbadwooof said:
I love watching how these conversations get derailed.

The point is, collective bargaining is good.



^^^THIS^^^

To make Enlil happy, let's clarify that it's good for the many people in the collective, and it may or may not be good for others.  :shrug:


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OfflineFalcon91Wolvrn03
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Re: Hillary 'Turns Over' E-mail Server and Thumbnail drive to FBI [Re: Enlil]
    #24209600 - 03/31/17 11:21 PM (6 years, 9 months ago)

Quote:

Bigbadwooof said:
Quote:

Enlil said:
I would have made twice as much if it weren't for they union.



Twice as much, if you didn't have the upper-hand provided via collective bargaining? I'm sure that's because you were the cream of the crop, and those other slobs were holding you back, right? lol



Quote:

Enlil said:
Yup.  My bosses petitioned the union to create a new classification to increase my pay, but it was denied.



That's one of the areas unions can definitely improve upon.


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Edited by Falcon91Wolvrn03 (03/31/17 11:26 PM)


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OfflineBigbadwooof
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Re: Hillary 'Turns Over' E-mail Server and Thumbnail drive to FBI [Re: Falcon91Wolvrn03] * 1
    #24209622 - 03/31/17 11:37 PM (6 years, 9 months ago)

Quote:

Falcon91Wolvrn03 said:
Quote:

Bigbadwooof said:
Quote:

Enlil said:
I would have made twice as much if it weren't for they union.



Twice as much, if you didn't have the upper-hand provided via collective bargaining? I'm sure that's because you were the cream of the crop, and those other slobs were holding you back, right? lol



Quote:

Enlil said:
Yup.  My bosses petitioned the union to create a new classification to increase my pay, but it was denied.



That's one of the areas unions can definitely improve upon.




I don't like when unions won't allow workers to go above and beyond, because you're hurting someone else's job security. I'm sure there isn't a single person here who can't name something they don't like about unions. At the end of the day, I want in! Trade unions provide quality workmanship, higher safety standards, and better pay for their employees. They provide training for youngsters. They are good for society, on-the-whole.

I don't believe in throwing the baby out with the bathwater, unless you have a better one to replace it with. A better baby. Ok? Good.


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InvisibleEnlilMDiscord
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Re: Hillary 'Turns Over' E-mail Server and Thumbnail drive to FBI [Re: Falcon91Wolvrn03]
    #24210151 - 04/01/17 07:17 AM (6 years, 9 months ago)

Quote:

Falcon91Wolvrn03 said:

But that's NOT what we're arguing about - we're arguing whether or not police would be able to keep that pension if the Supreme Court had ruled differently.  Had the Supreme Court had ruled differently, then police who didn't do their job WOULD have been guilty of a crime.  And in many states, pension can be revoked for conviction of crime related to official duties.  So yes, the courts WERE responsible for allowing police to not do their job and still collect pension by saying it was ok.




I see your argument.  Unfortunately, it has some glaring problems:

1. The cases you cited had nothing to do with criminal prosecutions.  Those cases did not even look at the issue of whether or not it is a crime for police not to do their jobs.  In other words, if the Supreme Court had ruled differently, it would have literally zero bearing on the issue of pensions.

2. The reason it isn't a crime is because there is no statute making it a crime.  Such a statute could be written, but even if it were, that wouldn't be the court's doing.  That would be the legislature's doing.

3. Even if the other two points weren't valid and true (they are), it is illogical to argue that they keep their pension because no one has taken it.  As a fundamental premise, the pension exists because of collective bargaining.  The terms of the pension are a product of collective bargaining.  You're basically arguing that the fact that the court didn't step in and change those terms means the court is responsible for those terms.

Your argument goes something like this:

      a. The union and municipality made a deal that includes pensions.
      b. The court could have changed or overridden those terms.
      c. They didn't, therefore:

      The court is responsible for those terms.


So, do you have anything else?  Or are you ready to concede that you were wrong when you said that the court was responsible for the fact that cops get to keep their pensions even if they don't do their jobs?

As to the "other points", I'm happy to address them.  I'm not going to argue 7 different issues at once, though.  Let's finish this one and then move on to the next one.  I think we're probably done or close to done with this one anyway.


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OfflineFalcon91Wolvrn03
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Re: Hillary 'Turns Over' E-mail Server and Thumbnail drive to FBI [Re: Enlil]
    #24210440 - 04/01/17 10:12 AM (6 years, 9 months ago)

Quote:

Enlil said:
The cases you cited had nothing to do with criminal prosecutions.  Those cases did not even look at the issue of whether or not it is a crime for police not to do their jobs.  In other words, if the Supreme Court had ruled differently, it would have literally zero bearing on the issue of pensions.



The case cites 42 U.S. Code § 1983, but I now see that is a civil statute.

Quote:

Enlil said:
Your argument goes something like this:

      a. The union and municipality made a deal that includes pensions.
      b. The court could have changed or overridden those terms.
      c. They didn't, therefore:

      The court is responsible for those terms.



Close, but more like:

      a. The union and municipality made a deal that includes pensions.
      b. The court had an opportunity to rule it not ok for cops not to do their job.
      c. They didn't, therefore:

      The court is responsible for ruling it ok for cops not to do their job.

I get your point that even if the court ruled otherwise, it appears to be a civil rather than criminal ruling, hence it may not have changed anything.



But here's the flaw in YOUR argument.  You said: "This started because he complained that cops can not do their jobs and still collect their pensions.  I attributed that to collective bargaining."

While I agree that collective bargaining is responsible for the cops collecting pensions, it really has nothing to do with cops collecting pensions and not doing their jobs.  Your argument goes something like this:

      a. The union and municipality made a deal that includes pensions.
      b. The deal failed to mention forfeiture of pensions for cops that don't do their job.  Therefore:

      The collective is responsible for cops who don't do their job to get pensions.


At this point in the discussion, I'd say no one is responsible (or possibly the legislature is).


Quote:

Enlil said:
As to the "other points", I'm happy to address them.  I'm not going to argue 7 different issues at once, though.  Let's finish this one and then move on to the next one.  I think we're probably done or close to done with this one anyway.



The reason I want to address those other three points is because you made ad hominem style attacks without backing those claims up:  "you seem completely lost in this discussion", "I think that is naïve as fuck and doesn't represent the reality on the ground", "Maybe it's time we named a new straw man king?".

So I explained why I think you're wrong above.  If you're going to make those type of statements, I think you need to back them up.


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InvisibleEnlilMDiscord
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Re: Hillary 'Turns Over' E-mail Server and Thumbnail drive to FBI [Re: Falcon91Wolvrn03]
    #24210468 - 04/01/17 10:24 AM (6 years, 9 months ago)

It sounds like you're admitting that your claim was wrong.  Please confirm or deny this.

As to your argument about my claim, here is where you're wrong:

The collective bargaining agreement is why they get pensions.  It's why they get pensions if they eat eggs.  It's why they get pensions if they wear brown shoes.  It's why they get pensions if they don't do their jobs.

It's why they get pensions.

My statement is that collective bargaining is why they get pensions even if they don't do their jobs.  That statement is true. 

It doesn't look like you're going to concede the point even though you've been proven wrong for multiple reasons.  Don't be HU or Webster, dude.  We all are wrong from time to time.  I really don't want to lose my respect for you just because you're hung up on being right on this stupid issue.


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OfflineFalcon91Wolvrn03
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Re: Hillary 'Turns Over' E-mail Server and Thumbnail drive to FBI [Re: Enlil]
    #24210834 - 04/01/17 12:57 PM (6 years, 9 months ago)

Quote:

Enlil said:
It sounds like you're admitting that your claim was wrong.  Please confirm or deny this.



Yes, I agreed I was wrong about the courts being responsible for allowing pensions to be paid to cops that don't do their jobs. 

Quote:

Enlil said:
The collective bargaining agreement is why they get pensions.  It's why they get pensions if they eat eggs.  It's why they get pensions if they wear brown shoes.  It's why they get pensions if they don't do their jobs.

It's why they get pensions.

My statement is that collective bargaining is why they get pensions even if they don't do their jobs.  That statement is true.



Agreed.

Wooof was NOT upset about cops collecting a pension.  He was upset about them collecting a pension without doing their job.  Your response to him was "Welcome to the wonderful world of collective bargaining", implying collective bargaining somehow ensured cops got a pension even if they didn't do their job.  When in reality, collective bargaining only ensured they got a pension.

I realize it's one in the same, so I'll concede the point.  But I think you're unfairly trying to blame collective bargaining for something they didn't actively do, and for something the legislature could have prevented.


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OfflineBigbadwooof
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Re: Hillary 'Turns Over' E-mail Server and Thumbnail drive to FBI [Re: Falcon91Wolvrn03] * 1
    #24210856 - 04/01/17 01:04 PM (6 years, 9 months ago)

Quote:

Falcon91Wolvrn03 said:
Quote:

Enlil said:
It sounds like you're admitting that your claim was wrong.  Please confirm or deny this.



Yes, I agreed I was wrong about the courts being responsible for allowing pensions to be paid to cops that don't do their jobs. 

Quote:

Enlil said:
The collective bargaining agreement is why they get pensions.  It's why they get pensions if they eat eggs.  It's why they get pensions if they wear brown shoes.  It's why they get pensions if they don't do their jobs.

It's why they get pensions.

My statement is that collective bargaining is why they get pensions even if they don't do their jobs.  That statement is true.



Agreed.

Wooof was NOT upset about cops collecting a pension.  He was upset about them collecting a pension without doing their job.  Your response to him was "Welcome to the wonderful world of collective bargaining", implying collective bargaining somehow ensured cops got a pension even if they didn't do their job.  When in reality, collective bargaining only ensured they got a pension.

I realize it's one in the same, so I'll concede the point.  But I think you're unfairly trying to blame collective bargaining for something they didn't actively do, and for something the legislature could have prevented.




Good point. The government should have had some foresight on the matter, and worked in as many exceptions as they could have. The point of bargaining is to give everyone the best deal they can bargain for. That's Capitalism at its finest!


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Edited by Bigbadwooof (04/01/17 01:04 PM)


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Re: Hillary 'Turns Over' E-mail Server and Thumbnail drive to FBI [Re: Enlil] * 1
    #24210880 - 04/01/17 01:21 PM (6 years, 9 months ago)

Quote:

Enlil said:
It sounds like you're admitting that your claim was wrong.  Please confirm or deny this.

As to your argument about my claim, here is where you're wrong:

The collective bargaining agreement is why they get pensions.  It's why they get pensions if they eat eggs.  It's why they get pensions if they wear brown shoes.  It's why they get pensions if they don't do their jobs.

It's why they get pensions.

My statement is that collective bargaining is why they get pensions even if they don't do their jobs.  That statement is true. 

It doesn't look like you're going to concede the point even though you've been proven wrong for multiple reasons.  Don't be HU or Webster, dude.  We all are wrong from time to time.  I really don't want to lose my respect for you just because you're hung up on being right on this stupid issue.





I thought we had just established that assets, including pensions, could be seized from cops who displayed a pattern of illegally not doing their job.

If that is the case, would it not follow that a lack of prosecution i.e. "the courts" is to blame?


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OfflineFalcon91Wolvrn03
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Re: Hillary 'Turns Over' E-mail Server and Thumbnail drive to FBI [Re: ballsalsa]
    #24210897 - 04/01/17 01:28 PM (6 years, 9 months ago)

Quote:

ballsalsa said:
I thought we had just established that assets, including pensions, could be seized from cops who displayed a pattern of illegally not doing their job.

If that is the case, would it not follow that a lack of prosecution i.e. "the courts" is to blame?



I'm guessing you are correct in places where there are established laws saying cops have to do their job (like your San Jose example).  :shrug:


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Re: Hillary 'Turns Over' E-mail Server and Thumbnail drive to FBI [Re: Falcon91Wolvrn03]
    #24210914 - 04/01/17 01:35 PM (6 years, 9 months ago)

that example was a state supreme court decision that applies to all of California (the important part of the U.S.)


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Re: Hillary 'Turns Over' E-mail Server and Thumbnail drive to FBI [Re: ballsalsa]
    #24210987 - 04/01/17 02:03 PM (6 years, 9 months ago)

It doesn't say what you think it says, though.  It didn't make it a crime for them not to do their job.  Also, your whole civil forfeiture argument was theoretical.


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Re: Hillary 'Turns Over' E-mail Server and Thumbnail drive to FBI [Re: Enlil] * 1
    #24211014 - 04/01/17 02:15 PM (6 years, 9 months ago)

it makes it a crime for them not to show up to their job.  I don't think its a huge leap.  If someone would prosecute, we could see the theory put to the test.

Edit: I noticed that you didn't refute my assertion that California is the important part of the U.S.
:heytherebadboy:


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Edited by ballsalsa (04/01/17 02:16 PM)


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Re: Hillary 'Turns Over' E-mail Server and Thumbnail drive to FBI [Re: ballsalsa]
    #24211199 - 04/01/17 03:30 PM (6 years, 9 months ago)

I love it when you guys use case law.  It really does warm my heart because so many people are ignorant to the fact that most law is case law. 

Still, it's easy to get it wrong.  Falcon got it wrong earlier on those two 1983 cases, and you got it wrong now.  That case has nothing to do with criminal prosecution.  All it says is that a court can enjoin (force) the police to go to work despite a strike because their jobs perform an essential government function.

Unlawful =/= criminal. 



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Re: Hillary 'Turns Over' E-mail Server and Thumbnail drive to FBI [Re: Enlil]
    #24211273 - 04/01/17 04:05 PM (6 years, 9 months ago)

Quote:

Bigbadwooof said:
Quote:

Falcon91Wolvrn03 said:
I think you're unfairly trying to blame collective bargaining for something they didn't actively do, and for something the legislature could have prevented.




Good point. The government should have had some foresight on the matter, and worked in as many exceptions as they could have.



I'll assume your silence is agreement.


--------------------
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Re: Hillary 'Turns Over' E-mail Server and Thumbnail drive to FBI [Re: Falcon91Wolvrn03]
    #24211295 - 04/01/17 04:12 PM (6 years, 9 months ago)

I guess it depends on which government.  If were talking about the government at the bargaining table, yes.

If were talking about another governmental entity forcing different terms, no.


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Re: Hillary 'Turns Over' E-mail Server and Thumbnail drive to FBI [Re: Enlil]
    #24211595 - 04/01/17 06:35 PM (6 years, 9 months ago)

Quote:

Enlil said:
I love it when you guys use case law.  It really does warm my heart because so many people are ignorant to the fact that most law is case law. 

Still, it's easy to get it wrong.  Falcon got it wrong earlier on those two 1983 cases, and you got it wrong now.  That case has nothing to do with criminal prosecution.  All it says is that a court can enjoin (force) the police to go to work despite a strike because their jobs perform an essential government function.

Unlawful =/= criminal. 







You're the lawyer, i'll take your word for it.


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