Management Rights and the Lack of Criticism of Such Rights Among the Social Democratic Left, Part Nine: Private Sector, Saskatchewan

Introduction

The power or employers to dictate to workers is hardly confined to Canada, of course. Various countries dominated by the class of employers have the right to dictate to workers except as limited by the collective agreement (and, of course, certain legislative acts).

Collective Agreement Between the Construction Labour Relations Association of Saskatchewan Inc. and the International Union of Operating Engineers Local 870

From Collective Agreement, Effective July 17, 2016 Expires April 30, 2019, page 10:

ARTICLE 6:00 MANAGEMENT RIGHTS

6:01 The Union agrees that it is the exclusive jurisdiction of the Employer to exercise the usual functions of management, including but not so as to restrict the generality of the foregoing, the right:

a) to conduct its business in all respects in accordance with its commitments and responsibilities, including the right to manage the jobs, locate, extend, curtail or cease operations, to determine the number of men required at any or all operations, to determine the kinds and locations of machines, tools and equipment to be used and the schedules of jobs and work, to classify and judge the suitability of Employees for various types of work and to maintain order, discipline and efficiency;

b) to select, hire, discharge, transfer, promote, layoff, or otherwise discipline Employees, provided that a claim by an Employee that has been discharged without reasonable cause shall be subject to the provisions of the Grievance Procedure;

c) to make, alter from time to time, and enforce reasonable rules of conduct and procedure to be observed by the Employees, violations of which will be cause for discipline and may include discharge.

Since this clause forms part of the collective agreement, does the collective agreement express a fair contract? Does it express the freedom of workers? Does it express a democratic way of life or its opposite? Does it express economic democracy? Economic dictatorship? Economic justice?

There is nothing fair about collective agreements which concentrate most decision-making power over our work lives in the hands of the representatives of employers called managers. Collective agreements limit such power–but they do not by any means challenge such power. Indeed, they do not challenge the dicatorship of employers (see for example Employers as Dictators, Part One). Nor do they challenge the use of human beings as things that are treated as means for other people’s ends.

The law certainly does not prevent the exploitation and oppression of workers; workers may be able to use the law to limit their exploitation and oppression–but not abolish them.

What do you think? Do collective bargaining and collective agreements express something fair? Do they enable workers to be treated as human beings and not as things? Do union members really discuss such issues to any great extent? Do so-called leftists or “progressives?” Why or why not?