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 The Corporation of the City of Bathurst and CUPE (Canadian Union of Public Employees) Local 1282
From Collective Agreement Between The Corporation of the City of Bathurst and CUPE (Canadian Union of Public Employees) Local 1282, January 1, 2022-December 31, 2025, page 3:
ARTICLE 4 – MANAGEMENT RIGHTS
4.01 It is the right of the employer to manage its operations in all respects including the right to hire, transfer, promote, demote, train, classify and discipline its employees, subject to the terms of this Agreement. The employer may direct and distribute its working forces, schedule work, determine the method to be used, the allocation and use of employees, determine the numbers and responsibilities of its employees and the making and altering, from time to time, of rules and regulations to be observed by the employees, subject to the terms of this Agreement.
4.02 The employer shall determine all questions relating to promotion and demotion, classification and transfer, subject to the terms of this Agreement.
4.03 NO DISCRIMINATION
The parties hereto agree that there shall be no discrimination practiced by either party upon any employee regarding membership in the union or as restricted by the Human Rights Act.
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 for example The Rate of Exploitation of Workers at Magna International Inc., One of the Largest Private Employers in Toronto, Part One).
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?
