The 44th Amendment

The 44th Amendment

By |2019-01-15T00:06:04-08:00January 3rd, 2019|Amendments, The Economic Bill of Rights|

Employment & Retirement Protections

Section 1: All citizens and legal residents shall have the absolute unrestrained right to form or join unions, to participate in union activities, and to have said unions engage in collective bargaining, including strikes and boycotts, on their behalf. Any attempt to interfere with or retaliate for the free exercise of these rights shall be a felony, punishable as prescribed in Section 10.

Section 2: No union shall provide any benefit or service, including but not limited to: negotiation of wages, job classifications, promotion criteria, working conditions, grievance procedures, or seniority rights; protection from termination; or inclusion in any pension plan, to or on behalf of any person who elects not to join said union when eligible to do so.

Section 3: All business entities with five or more employees shall enroll in a pension plan having fair and reasonable conditions for vesting and enrollment, which ensures the payment of a defined-benefit pension to employees who meet fair and reasonable retirement criteria, and which is transferable by the employee from employer to employer. Such pensions shall be approved, regulated, enforced, and guaranteed in full by the Federal Pension Benefit Guaranty Agency.

Section 4: Individual employees of firms with fewer than five workers may elect to enroll in a pension plan of their choice, have a portion of their salary contributed thereto, and have that contribution matched by their employer.

Section 5: In business bankruptcy proceedings, pension claims, including contributions for pensions already vested but not yet exercised, shall be supreme above all other claims, including for taxes. No court or government entity shall in any way void, reduce, or delay payment of any pension or post-employment benefit negotiated between employer and employee. To assist in funding pension obligations, courts may confiscate any excessive compensation from those charged with responsibility for operation of the enterprise.

Section 6: In business bankruptcy proceedings, unpaid wages and severance benefits shall have second priority, after pension obligations, before taxes and other creditors. No bonus or severance benefit shall be paid to any executive of a bankrupt entity unless all pension contributions, unpaid wages, and severance benefits have been paid to non-executive employees.

Section 7: Employees of government and public entities shall have the absolute right to form or join unions, to participate in union activities, and to have said unions engage in collective bargaining, including strikes and boycotts, on their behalf. The right to strike shall not apply to police officers, firefighters, or those then involved in emergency response. Any attempt to interfere with or retaliate for the free exercise of these rights shall be a felony, punishable as prescribed in Section 10.

Section 8: Once agreed to, pension obligations to public employees shall not be reduced, deferred, or otherwise negated in value.

Section 9: Pensions to employees of state and local government entities shall be insured by the Federal Pension Benefit Guaranty Agency, which shall have all powers and authority necessary to see that each pension entity is adequately and properly funded.

Section 10: Violation of Sections 1 or 7 shall be a felony punishable by mandatory maximum-security incarceration for a period, not subject to pardon, parole, suspension, commutation, or other reduction of sentence, of at least five years.

 

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