You are seeing them because they overperform. Cons dont underperform. Penals however certainly do underperform.
To those who want scaling on Cons, fine, lets move Oorah/Merge to T3/T4. There you go.
Have fun with your "newfound" scaling then.
I would love you to play against any of top 50 OKW players using cons and merge him to death until T3/T4, where both SU-85 and T34/76s excel against pumas and shrecks as we all know.
I'd pay a dollar to see that.
Play against OKW without using maxims or snipers and without spamming guards, rely on conscripts as you believe is possible and share with us your results.
Unless you believe they are only there to merge, then replace them with halftruck that reinforces.
Of course they perform "fine" for you, after all you need zero effort to counter them.