Which is essentially his first point of inequitable distribution >> "Some servers may decide to withhold a tipout, in a sense cheating the system, and the employers is precluded from redressing this"
The article made a distinction between tip out and tip pool. Tip out was made to sound entirely voluntary, presumably on credit tips too. My post was meant to refer to an involuntary tip pool policy restaurant. The cash tip gives the waiter the ability to tip out 10% and keep the rest. Im not saying this is good practice on the waiter's part, but it is a reality.
From real world experience - the argument is just semantics, whether it's a forced tip-out or a voluntary tip-out, in practice, the result is usually the same with cash tips.