Management Rights and the Lack of Criticism of Such Rights Among the Social Democratic Left, Part Fourteen: Private Sector, British Columbia

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 City TV Vancouver & Omni BC Operations, A Division of Rogers Media Inc., and Unifor Local 830-M

From Collective Agreement Between City TV Vancouver & Omni BC Operations, A Division of Rogers Media Inc., and Unifor Local 830-M, September 1, 2021 to: August 31, 2024 (no page number, but the URL is: https://unifor830m.ca/collective-agreement-2021-2024/):

ARTICLE 3

Management Rights

3.1       The Company shall retain sole and exclusive jurisdiction and control over all matters not expressly limited by the clear and explicit language of this Agreement. Such matters shall include but in no respect be limited to the following:

(a)       the right of the Company to hire, promote, transfer, demote and lay off Employees, and to suspend, discharge or otherwise discipline Employees for Just Cause, subject to the right of any Employee to lodge a grievance in the manner and to the extent as herein provided;

(b)       the right of the Company to operate and manage or discontinue its operation in all respects, and to maintain and improve order and efficiency in its facilities, and to determine the scheduling of its production; and

(c)        the Company has the right to make, alter and enforce reasonable rules and regulations to be observed by Employees including regulations arising from legislation provided that the rules and regulations are not in conflict with this Collective Agreement.

The functions of Management as herein set out shall be exercised at the sole discretion of the Company from time to time but always in a manner which shall not violate the terms of the Collective 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?

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