Introduction
A local leader of a leftist workers’ organization here in Toronto stated that I kept repeating the same thing. Yes, I did–the issue is the same throughout. How can the so-called left refer to a fair wage or a decent job even in unionized settings when workers are used as things by employers for their own purposes? I will continue to post fairly regularly management clauses from various collective agreements to show that, unless otherwise specified in the collective agreement, workers are subject to the power of employers as a class. They may work for a particular employer, but the economic power which employers wield as a class means that the power which obliges any particular worker to seek to work for an employer is the “general employer” or the employer as a class. In general, no worker is obliged to work for a particular employer, but every worker is obliged to work for an employer due to economic blackmail. Practically, employers say: ‘If you do not like it here, there is the door.’
Unions modify the general power of a particular employer–but they do not challenge that power.
Collective Agreement Between SOBEYS INCORPORATED
(SOBEYS CAMPBELL HEIGHTS RSC) and UNITED FOOD AND COMMERCIAL WORKERS UNION, LOCAL NO. 247
From Collective Agreement Between Sobey’s Incorporated (Sobeys Campbell Heights RSC)
And United Food and Commercial Workers Union, Local No. 247, June 1, 2020 to June 1, 2030, pages 4-6:
Article 4 – MANAGEMENT’S RIGHTS
4.01 Except as specifically limited by the express provisions of this Agreement, the Company retains exclusive right to exercise all management rights or functions.
These shall include:
a) The right to formulate, enforce, revise and administer rules, policies and procedures covering the operations including but not limited to attendance, discipline and safety.b) The right to discipline or discharge for just cause.
c) The right to select the products to be handled, choose customers, determine the methods and scheduling of shipping, receiving and warehousing, determine the type of equipment or vehicle used and the sequence of operating processes within the facility, determine the size and character of inventory and to introduce different shipping, receiving and warehousing methods. Without restricting the generality of the foregoing, the Union agrees that the Company has the right to study or introduce new or improved production methods or facilities.
d) The right to establish work schedules, to determine the number of employees necessary to operate any department or classification of the Company, to determine management organization for each department, to hire, layoff, suspend, promote, transfer and demote, to assign work on a temporary and permanent basis, to establish or revise reasonable performance and quality standards.
4.02 It is agreed that listing of the foregoing management rights shall not be deemed to exclude other rights of management not specifically listed.
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. Nor do they challenge the exploitation of workers (see The Rate of Exploitation of Workers at Empire Company (or Sobeys or Thrifty Foods or FreshCo or Safeway Canada or IGA or Foodland Workers), One of the Largest Private Employers in Victoria, British Columbia, Or: How Unionized Jobs Are Not Decent or Good Jobs).
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?
The Abolitionary 