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 Carpenters’ Employer Bargaining Agency (E.B.A.) and the Carpenter’s District Council of Ontario, United Brotherhood of Carpenters and Joiners of America (C.D.C.)
From Collective Agreement, Effective May 1, 2016 to April 30, 2019, page 34:
ARTICLE 25 – MANAGEMENT RIGHTS 25.01 The Union agrees and acknowledges that the Employer has exclusive rights to manage the business and to exercise such rights without restriction, save and except such prerogatives of management as may be modified by the terms and conditions of this Agreement. Without restricting the generality of the foregoing it is the exclusive function of the Employer: (a) to transfer, hire, direct, promote, demote, lay-off, discipline and discharge for just cause employees and to increase or decrease the working forces in accordance with the terms of this Agreement; (b) to determine the materials and methods to be used, design of the products to be handled, facilities and equipment required. 25.02 It is agreed that the rights mentioned in Section 25.01 shall not be exercised in a manner contrary to the provisions of this Agreement.
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?
