Management Rights, Part Seven: Public Sector Collective Agreement, Quebec

It is fascinating how the social-democratic or reformist left, with their talk of “good contracts,” “decent work,” a “fair deal,” and “economic justice” and so forth do not feel that they have the need to justify themselves. They assume what they must prove to workers–that a collective agreement expresses “good contracts,” and so forth.

Do you think that collective agreements as a whole, which concentrates decision-making power in a minority called management, express good contracts? Fairness? Decent work? A fair deal? Economic justice?

What do you think of the following?

From

Agreement concluded
between
the Management Negotiating Committee for English-language School Boards (CPNCA)
and
the Centrale des syndicats du Québec on behalf of the professionals’ unions represented by its bargaining agent, the Fédération des professionnelles et professionnels de l’éducation du Québec (CSQ)
2015-2020,

page 12:

ARTICLE 2-2.00 RECOGNITION
2-2.01
The union recognizes the board’s right to direct, administer and manage, subject to the provisions of this agreement.

Of course, it may be the best contract under the power relations that currently exist–but that is not the same thing as claiming that it is a “good contract.” Ideologues for unions may counter that it is implied that the power relations are unfair. But if so, why is it that the union bureaucracy does not bring it out explicitly? Are they afraid that some workers might start organizing to overthrow (abolish) those conditions?

Where and where is there discussion and debate over such issues? Certainly not in Toronto, Ontario, Canada. Trying to bring such issues out into the open results in insults (I was called a condescending prick by one union representative; a Facebook friend called me “delusional” when I tried to link the issue of the power of employers to the issue of the state of Ohio prohibiting girls who were raped from having abortions).

Should we not be discussing the issue of why management rights exist? Should we not be discussing what the implications of such rights have on our working and daily lives? Should we not be discussing what we should be do about the problem of a minority dictating to a majority?

Working for an Employer May Be Dangerous to Your Health, Part Three

The attitude of much of the left in Toronto (and I suspect elsewhere in Canada and the world) is that working for an employer is not all that bad. Why else would the left not object to references to “decent work,” “fair contracts,” “economic justice,” and so forth by union reps, or the coupling of some needed labour-law reforms and an increase in the minimum wage in Ontario with the concept of “fairness”? (All these terms are used by the social-democratic left in Toronto.) This attitude of treating working for an employer as really not that bad is something they share with their bourgeois counterparts.

Personal crime is considered to be real crime–but corporate crime is not really treated as something as bad or worse than personal crime. This can be seen when comparing the attitude of Canadian federal legislation towards personal crime and the attitude of that government and other participants when formulating legislation that was supposed to protect workers from acts deemed criminal in nature by corporations following the Westray mine explosion. The first quotation relates to the government’s attitude towards personal crime. From Steven Bittle, Still Dying for a Living:
Shaping Corporate Criminal Liability After the Westray Mine Disaster,
doctoral dissertation, page 2:

Consistent with the cultural obsession over crime control, in the fall of 2003, the
Canadian government introduced stringent new anti-violence legislation aimed at some of Canada’s worst offenders – those with a well documented track record of reckless behaviour and responsibility for multiple and egregious acts of violence. The legislation had all-party support (Archibald, Jull and Roach 2004: 367), signalling a consensus for the need to better protect Canadians from violent crime. The government characterized its legislative initiative as a significant step towards ensuring that offenders are held criminally responsible for their harmful
behaviour (Department of Justice Canada 2003). Legal observers suggested that it represented a fundamental change, perhaps even a revolution, in assigning criminal liability (Archibald, Jull and Roach 2004: 368). News items cautioned would-be criminals that they were in for a wake-up call once the new law took effect (Mann 2004: 29). It thus appeared that if violent crime was the problem, then harsh new penalties were the solution.

The proposed legislation for corporate crime expressed a different attitude in various ways, such as the time elapsed between the Westray mine explosion (May 9, 1992) and the proposal for legislation for corporate crime, or the attitude of participants in the legislative process concerning the seriousness of the crime. From Little, page 2:

However, peeling back the veneer of the federal government’s so-called crackdown on violent crime reveals a much different story. To start, it took more than ten years to introduce a new law in response to a single and violent mass killing in which twenty-six Canadians died. What is more, despite widespread political support, many politicians – particularly those with an affinity for law-and-order policies – cautioned against going too far in terms of holding offenders
criminally responsible for their harmful acts (Bittle and Snider 2006). Also curious was that both the media and general public expressed little interest in the new law, hardly the status quo for issues of violent crime. Moreover, since its enactment, there have been only two charges laid; a particularly worrisome trend given that recent research reveals an increase in the forms of violence that the legislation was intended to address (Sharpe and Hardt 2006). In fact, it would
appear that the most significant development associated with the new legislation is the emergence of a crime (un)control industry, one in which lawyers offer for-fee courses that potential offenders can take to learn about the new law and the steps they must follow to avoid criminal responsibility (for example, see Gonzalez 2005; Guthrie 2004).

The focus on violent personal crime that leads to injury or death and the absence of such focus on corporate crime that leads to injury or death is tantamount to a form of silent indoctrination. Such silent indoctrination parallels the silent indoctrination of school history curricula, which do not permit students to come to understand how and why employers (and employees) arose (see previous posts on this silent indoctrination in schools).

This focus on violent personal crime, of course, forms the regular diet of many television programs. Similarly, the silence concerning violent corporate crimes (if indeed they are considered crimes at all) also forms the regular diet of most television programs and documentaries.

Should there not be constant discussion concerning this silent indoctrination within the labour movement? Is there? If not, why not? Or is the macro problem of around one thousand workers dying every year at work and hundreds of thousands of injuries (and diseases) not a problem that is to be immediately addressed but only “in the long run?” For those who die or who are injured, there is no “long run” since the problem which they face is immediate and due to ignoring the macro problem in the past.

Where is the left that is bringing out these issues? Or is the left busy formulating platitudes, such as “decent work,” “fairness,” “economic justice,” and so forth? ]

Does not the left have an attitude that working for an employer is really not all that bad? Do they not share the same attitude as the politicians, who did not want to go too far in the legislation? Or those on the left who talk of “decent work,” “fairness,” “economic justice,” and so forth while all the while assuming that decent work, fairness and economic justice can somehow be realized while the class power of employers still exists.

What do you think?

Worker Resistance Against Management, Part Three

This is a continuation of a series of posts on worker resistance. The following was written by Herman Rosenfeld. Since it formed part of a course that he, Jordan House and I presented for workers at the Toronto Pearson International Airport, I am including the preliminary instructions and the subsequent questions so that others can modify and make use of it in similar courses.

Getting a Shift Back to Work and Overtime Action

  • This is a Small Group Activity
  • Read both short stories and answer the questions below together
  • Be prepared to describe each collective struggle to the whole class, and report your answers
  • You have 25 minutes to complete this exercise

In the later 1980s, at an auto assembly in Toronto (closed in 1994), there were two rotating production shifts, of approximately 1,000 workers per shift. Once shift worked on days , often with a sixth day shift (Saturday), scheduled as an overtime day. Another shift worked afternoons.

The plant churned out full-sized vans that were popular with companies and recreational buyers. The vans were extremely popular across North America, and with only two plants producing them, it seemed that the jobs were secure.

The union local had a history of militancy, with wildcat strikes, overtime boycotts, and various forms of collective resistance, often in response to things like difficulties getting washroom breaks, work intensification, and excessive discipline issued for minor offenses. as well, there had been a number of collective work refusals over health and safety issues that seemed to get resolved rather quickly.

One day, the plant superintendent announced that the market for vans was softening and that they would reduce production to one shift.

After a transition period, the plant laid off the low-seniority workers, eliminated the afternoon shift and began production with the one-day shift with higher seniority workers. Soon after, at a union meeting, people were wondering if there truly was any downturn in sales. The meeting decided to strike a voluntary committee to investigate with car dealers just how large their inventory for vans really was. The committee was made up of elected committeepersons, members of the Local Union Executive, and volunteers from the group of laid-off workers. They also resolved to organize a biweekly meeting of all the laid-off workers, to regularly discuss their situation and develop a common strategy to force the boss to hire them back to work.

They found that no matter where they called, dealers all claimed that they were short in their inventories of vans, that demands for the vehicles was rising and that there seemed to be no need to cut production.

After about 2 months management announced that it would schedule a Saturday overtime shift. This caused huge debates and divisions within the membership, especially those who were working. A number of the higher seniority workers argued that they needed to have their Saturday overtime, and that it was their “right” as  a consequence of seniority. A minority threatened violence against anyone who tried to keep them from getting to work on Saturday. Others were angry, and saw it as an attack on the rights of all the workers, scheduling a Saturday overtime shift when half the local was on layoff. Further, they asked, how could they need overtime if, as they claim, they don’t have enough orders to justify full production here?

The laid-off workers, along with the union activists on the voluntary committee, also asked that question. And, collectively, they debated what they should do about the scheduled Saturday.

Doing nothing would be out of the question. Organizing a picket line to stop workers from coming into work on Saturday would make sense, but the level of opposition from the minority of workers who supported the scheduling of the overtime, might lead to sharpening divisions and even violence. After a heated discussion, a group of about 100 people decided on the following course of action: they would organize an informational picket line, explaining why it was wrong for the boss to schedule Saturday overtime while a shift was laid off–reminding people about the true state of the van market, and asking people to make their own choice about working. They would also make a push–through phone calls and personal visits–to bring out large numbers of the laid-off workers to the picket line around the plant.

As well, they made a push in the local and national media: press releases; calling up every media outlet; massive distribution of leaflets announcing the informational picket and an educational leaflet, explaining the links between the ease of management’s shutting down Canadian facilities, in the context of the looming debate over Free Trade with the U.S.

The day of the picket-demo was cold, with sleet. But there were hundreds of laid-off workers handing out leaflets to the workers entering the plant. Some turned away, and they barely had enough to work the shift. But there were discussions and no violence. There was also national and local press coverage–of the absurd reality of a plant with over 1000 people on layoff working a mandatory overtime day. People across the country read, heard about it and watched it. The laid-off workers got some recognition of their collective plight. Rank and file workers, activists and union officials were interviewed. The shift ran, but there were a number of stoppages, due to the low level of staffing for the day

A week later, the company announced that the laid-off shift would be brought back in in a couple of weeks.

Three years later, management announced that van production would end at that facility and 3 years after that announcement, the plant closed.

Questions

  1. What were some of the plans and decisions that made this action successful?
  2. What were some of the limits of this action–and things that might hold the union local back from moving forward after this action? How might these limits be addressed?
  3. What lessons can be learned from this experience for your own workplace, union and efforts to build the power of workers there?