Question: Do you agree with my classmate discussion question below. Classmate 1 Question In my opinion, the purpose of the Anti-Pinkerton Act of 1983 was for
Do you agree with my classmate discussion question below.
Classmate 1 Question
In my opinion, the purpose of the Anti-Pinkerton Act of 1983 was for the federal government to regulate the private security industry. This Act restricts the government of the United States and the District of Columbia from hiring employees of Pinkerton Detectives and similar organizations due to union-busting, corruption, and unethical activities. Many private securities companies especially, the Allan Pinkerton National Detective Agency, were pursued, federal outlaws and railroad bandits. One of the examples is that the Pinkerton company was involved in strikebreaking resulting in violence. They prevent employees from joining a labor union. They violate the civil rights of workers and their families. (Etext page 62).
The Private Security Employment Act of 2003 allows employers to conduct a criminal background check on applicants who apply for a security position. Under this Act, employers have the right to check an applicant's criminal history if they find it necessary. But the employers have to require the consent of the employee or applicant. It also includes positions held by contract and proprietary security personnel. For example, a criminal history check is when the company uses the complete applicant's personal information. They send it to the state information bureau or the FBI to see if the applicant has been previously arrested. If yes, what it was the reason for the arrest? They might also use the fingerprints of the applicant for this process. (Etext page 63).
Classmate 2 Question
The Anti-Pinkerton Act of 1893 precluded the federal government from employing Pinkerton Detectives (and other personal inspector organizations) due to the union-busting, deceitful and immoral operations they were engaged in. The La Follette, Civil Liberties Commission, explored the freedom of unions to free speech and assembly. The Commission noted the acts of business police in undermining employees' constitutional rights in its subsequent assessment of several security-related operations of firms in the steel, coal, and car sectors (Johnson & Ortmeier, 2018). The Commission's work exposed some of the private security company's and operations' violations, resulting in criminal investigations and prosecutions. There were no direct legislative constraints on the personal security business due to it. On the other hand, adjustments in labor regulations resulted in the closure of nearly 200 contract security organizations involved in strikebreaking and espionage, as well as a reduction in the number of plant police teams. For example, the legislation barred General Motors from spending a large sum of money set aside for espionage, frequently carried out by undercover Pinkerton agents infiltrating union ranks.
The Private Security Officer Employment Authorization Act of 2004 permits businesses to conduct criminal background checks on job candidates and employees in jobs where the primary responsibility is to provide security services, such as contract and proprietary security staff. Under the Private Security Officer Employment Authorization Act, the program is entirely voluntary (Johnson & Ortmeier, 2018). If they so desire and if the candidate or employee consents, employers may transmit fingerprints or other forms of affirmative identification to a state identification bureau and the FBI. Recruiters do not possess immediate access to the criminal background check findings. On the other hand, employers are given enough data to execute an appropriate hiring decision. User fees provide financial support for the program.
Classmate 3 Question
The purpose of the Anti-Pinkerton Act of 1893 was to restrict federal agencies from hiring Pinkerton detectives or private detectives from other private security agencies performing similar tasks as Pinkerton detectives. There were concerns about private investigators being used for actions that were corrupt or unethical, such as espionage. While the act changed the private security industry no legislative controls of the industry were put in place. The new laws caused over 200 contract security agencies to go out of business because of their involvement in strikebreaking and espionage (Johnson & Ortmeier, 2017). The Pinkerton National Detective Agency was established in 1950 in Chicago and started out as a private police force. The agency grew quickly, and their service expanded from catching thieves to becoming brutal strikebreakers. Throughout the Civil War and the years after, Pinkerton detectives were known as ruthless detectives willing to do anything to protect the interest of capital. The federal government had previously used the services offered by the Pinkerton National Detective Agency, however, because of the agencys unethical activities during the labor strikes that started in the late 19th century and continued in the decades moving forward, the government saw a need for passing an act that would prohibit these services being used by the federal government (Kelly, 2020).
In 2003, U.S. Senator Carl Levin introduced the Private Security Officer Employment Act of 2003. This bill was introduced to allow authorized security personnel access to FBI criminal history data and other state databases to check employees' and potential new employees criminal histories. The bill was signed and passed in 2004 by President George W. Bush and made it possible for employers to conduct a thorough background check of the criminal history of employees and applicants that would hold positions where they perform security services, such as employees working for contract security agencies or proprietary security agents (Johnson & Ortmeier, 2017). When a business is in the process of hiring new employees, there is a lot of information that is important to know, such as the criminal history of the applicant, to know that the individual they are hiring is suited for the job. The act addressed how important it was for private security agencies to conduct a background check of potential employees to avoid hiring criminals that would conduct services to protect the public. Without conducting a background check of applicants and employees, a private security agency could easily hire someone that should not have the responsibility of protecting our society (House of Representatives, Subcommittee on Crime, Terrorism, and Homeland Security Committee on the Judiciary, 2004).
Classmate 4 Question
The purpose of the anti-Pinkerton act of 1893 was to prevent the federal government from hiring Pinkerton detective agency or other private detectives due to involved unethical and corrupt activities. Pinkerton is a national detective agency founded by Allan Pinkerton in the 1850s. The reason for the act was in the Homestead strike of 1982. Andrew Carnegie and henry frick wanted to break the homestead worker union. Frick hired the Pinkerton Detective agencies around 300 agents trying to sneak them in to break the strike but failed, which led to the workers and their families having a dispute with the agencies leading to gunfire from both sides.
The private security officer act of 2003 permits authorized employers of private-security personnel access to FBI criminal history data (State database) to review the criminal history of employees and applicants. The reason was to avoid criminals or terrorists having essential and valuable information that can endanger someone's life.
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