The Limitations of Social-Democracy in the Face of the Coronavirus

John Cartwright is the president of Toronto and York Labour District Council. According to the website of this Council:

The core belief of unions is in solidarity. We want every one of our members to feel they belong, to appreciate the gains that unions have made for working people, and to have a sense of our common purpose. For all of us, fairness matters. Winning union members to embrace those common values is one of the most important tasks we have.

It is in that context that we address the challenge of tackling systemic racism and building stronger unions.

By working together, we can nurture inclusive workplaces and strengthen our shared commitment to our union’s shared values of equality, respect, justice and dignity for all.

This sounds very radical. However, the claim that “fairness matters” and similar statements do not address the issue of whether Mr. Cartwright opposes the power of employers as a class or whether he accepts such power and merely aims to modify such power to the advantage of workers and the community.

To answer this question, we need to look at another statement made by Mr. Cartwright:

Speaking notes for CAW-CEP – A Moment of Truth Workshop

By John Cartwright, President Toronto and York Regional Labour Council

February 25, 2012

COMMUNITY POWER AND POLITICAL BARGAINING

  • Since its start, our movement has undertaken two kinds of bargaining – collective bargaining to determine terms and conditions in the workplace; and political bargaining to determine the conditions of life both inside and outside the workplace
  • The Canadian labour movement has fundamentally defined itself as a social union movement, guided by the slogan “What we wish for ourselves, we also wish for others”.
  • That has led to us taking a stance from the earliest days to speak out for public education, universal healthcare, public pensions, unemployment insurance, public transit, affordable housing and wide variety of social services
  • Those have been achieved through a combination of building mass popular movements and formal political action – the US experience serves as a sobering reminder of how narrow the political window can be without the existence of a social democratic party with labour roots, as we have with the NDP and PQ, despite their shortcomings

What are the shortcomings of the NDP (and PQ)? There is no elaboration, but at least we get a clearer idea of what Mr. Cartwright means by fairness–capitalism with a human face, or the welfare state of old.

This view is also expressed in the following:

JUST LABOUR vol. 8 (Spring 2006) [page) 92

EQUITY BARGAINING IN THE NEW ECONOMY

John Cartwright, President, Toronto and York Region Labour Council,
Toronto, Ontario, Canada

When thinking about equity bargaining in the new economy we need to think about
both collective bargaining and political bargaining strategies. The gains of the union movement have been built on pursuing both of these strategies.In greater Toronto, out of the 2.3 million paid work force, over 1 million workers earn less than the
official poverty level. The vast majority of those workers are women and workers of colour. If we are going to talk about bargaining for equity, we need to address how to build power to bargain gains for these workers and how to transform
ourselves to build power.

The Labour Council is launching a major initiative – a framework for dozens of campaigns called A Million Reasons, because there are a million workers in this city below the poverty line and therefore a million reasons to raise wages, to improve labour law, and to improve standards and social programs.

In this framework we see four pieces crucial to building trade union power in today’s economy:

1. Protect good jobs in the public sector and private sector. That means that every
union needs to get involved in supporting each other’s struggles.

2. Bargain to raise standards sector by sector by establishing common bargaining. For example, we need to bargain standards for the hotel industry in the city, not just bargain with each hotel separately.

3. Mass organizing, especially with workers of colour. We need to forge ties and be
involved in the community organizing that is going on in local, ethnic communities,
asking them to tell us how to best support their struggles.

4. Use our power to protect and strengthen the social wage –all of those programs people think of as government programs. We need to reclaim these as the
programs we fought for and won politically – including workers’ compensation, health care, public education, child care, etc. The social wage is crucial, especially for low-wage workers of colour to achieve equity.

We certainly should try to increase standards for a whole industry and not just for a particular employer, and we should fight for improved community conditions, increases in the minimum wage and more social supports (the social wage).

Mr. Cartwright’s implicit standard, though, is “good jobs”–both in the private and public sectors. Good or decent jobs will not only lift those below the poverty out of poverty but will ensure that a social wage will be protected: “public education, public education, universal healthcare, public pensions, unemployment insurance, public transit, affordable housing and wide variety of social services.”

I have criticized Mr. Cartwright’s views before (Ontario Looks Right–With Some Help From the “Left”), but what inspired me to look a little closer at Mr. Cartwright’s views was an email I received from him today, March 24, 2020, related to the coronavirus crisis:

Dear Fred,

Every day, political leaders at all levels of government are making new announcements to respond to COVID-19 impacts, on both people and the economy. These have been crucial steps to ensure public safety and financial stabilization. Nobody knows how long this crisis will last, but we do know that when it finally recedes our world will look very different.

We cannot truly address the COVID-19 crisis if the responses entrench the social and economic dynamics that made us so vulnerable in the first place. Now is the time to remind our decision makers that their policies must not only seem fair for today but must also correct the growing imbalances in our society that are leaving too many of our neighbours behind.

Perhaps now more than ever, we see clearly that divestment in our public services and safety net has always been, in reality, divestment in ourselves. When any one person in Canada can’t access basic water and sanitation, medicines that they need or a fair wage, then we are all vulnerable.

This crisis hasn’t just created new disasters, it has taken root within the flaws of our existing system. Inequality in Canada has meant that now, in this time of deep need, we risk sacrificing the health and safety of vulnerable people for whom the social safety net has been weakened.

This inequality has been with us for generations, whether we consider the long-standing boil water advisories for First Nations communities or the ongoing austerity measures in our health care systems. The impact of social and political disparity puts many Canadians at increased risk because not everyone has access to basic lines of first defence such as secure housing or access to a doctor.

Governments across the country have taken quick steps to expand programs like Employment Insurance and Emergency Benefits, granting sick time, and pausing evictions or water shut-offs. Health care workers have again become heroes instead of targets for conservative politicians. Most importantly, people are re-discovering the reason why past generations decided to create strong public services that reach every community. Reinvestment in our public services and social safety net is the right thing to do – not only now, during COVID-19, but permanently in Canadian society.

Our economic system has allowed a small portion of society to gain the vast majority of benefits. Too many politicians have divested in public services and increased corporate loopholes, resulting in a reduced social safety net that sacrifices more and more people to the very real risks of unaffordable housing, lower access to health care, precarious work or, of course, to COVID-19. The climate crisis means that we will see an increase in health and extreme weather emergencies, making a just transition into jobs that bolster our environmental and social health even more pressing.

The expected bailout for the oil and gas industry is the exact opposite of this approach. That industry suffers from an unrelated and untreatable crisis of global price wars and a world that is leaving it behind for greener solutions. Instead of pouring good money after bad, our governments should create green jobs programs that reclaim land, support public health and reinvest in local communities. The loopholes that allowed these giant corporations to pay a pittance into the public sphere must be closed, along with those for the new digital commerce giants and others hiding fortunes in tax havens.

Nobody wants to see a repeat of the last financial crisis – when CEOs rewarded themselves with huge bonuses while people were losing their jobs and their homes. If any company is to be supported with public funds, ownership shares must be taken, or strong rules imposed to benefit ordinary people instead of billionaires. Why should banks be allowed to charge interest rates of over 20 per cent on credit card charges that many Canadians will have to rely on to survive? In exchange for billions in liquidity from the federal government, there should be strict limitations on gouging the public, during this time of crisis and beyond.

Government must show leadership in transforming our economy to one that works toward well-being for all of us rather than for the few. We have the momentum and opportunity to shift our systems to prioritize our care and wellbeing for the long run. While this crisis is unlike any in our lifetime, the Council of Canadian will organize to hold elected officials accountable, challenge corporate greed and fight for the common good – as we work together for a renewed vision of a better world for all.

In solidarity,

John
John Cartwright
Chairperson

Again, expansion of public provisions in health care, education, pensions and the like is better than their contraction. However, Mr. Cartwright still implies that employers are somehow necessary. In referencing “increased corporate loopholes,” he implies that if such loopholes were eliminated, then corporations would be legitimate. In other words, it is the old repetition of corporations paying their “fair share” of taxes.

/Furthermore, Mr. Cartwright’s demand for an expansion of public services and an increase in the safety net through education and health care does not even address the issue of the quality of such public education or health care. I have already criticized the Chicago Teachers Union’s assumption of the need to only expand educational “services” rather than a radical restructuring of the public education system (see, in the section Publications and Writings on the main page of this blog, “A Deweyan Review of the the Chicago Teachers’ Union Publication The Schools Chicago Students Deserve: Research-Based Proposals to Strengthen Elementary and Secondary Education in the Chicago Public Schools (2012). 

As for health care, in the first place, I have already addressed the inadequate nature of health and safety at the workplace in a series of posts (see, for example, Working for an Employer May Be Dangerous to Your Health, Part One). In the second place, see the last post for the beginnings of a critique of health care.

It is hardly sufficient to reinvest “in our public services and social safety net.” Like the private sector, such public services have been characterized by the dictatorship of employers (see The Money Circuit of Capital  and the series of posts  Employers as Dictators, Part One etc.).

Mr. Cartwright, as part of the social-democratic left, uses the period before neoliberalism as his standard. He wants to return to the ideal world of welfare capitalism. This standard is wholly inadequate for the creation of a fair society. Before neoliberalism, there was still the treatment of human beings at work as things to be used for the benefit of employers. There was, certainly, a more robust safety net than now, but even then such a robust safety net was always under threat by sections of the class of employers.

Even if we assumed that there existed a robust safety net, as long as a class of employers exists, such a safety net will always be threatened.

It is better to think about starting a movement towards the abolition of the power of the class of employers in order to create a society that can respond in a humane and timely fashion to threats to our common lives on this planet. Trying to recreate the social-democratic ideal of the past (the 1950s-1970s)–the social-democratic ideal of welfare capitalism– is utopian; if we are to meet adequately our common problems, we need to go beyond the rhetoric of improvements in the safety net. Such solutions are band-aid solutions that do not meet the challenges to our lives that we face in the 21st century. What we do not need is more social-democratic rhetoric.

It is better to think about how to create a movement towards a socialist society–a society without a class of employers.

 

Health Care: Socialist versus Capitalist Nationalization

Since the coronavirus and health care are undoubtedly on the minds of many people throughout the world, I thought it appropriate to do a bit of research on socialist health care versus present capitalist health-care systems.

Health care even in a nationalized context can easily be an expression of oppression and exploitation. The idealization of nationalization often goes hand in hand with an argument  that we need to extend public services in health and education (as Sam Gindin has argued). However, nationalized health care can easily become an oppressive experience for workers (as well as patients). From Barbara Briggs (1984), “Abolishing a Medical Hierarchy: The Struggle for Socialist Primary Health Care,” pages 83-88, in the journal Critical Social Policy, volume 4, issue #12, page 87:

GPs AND SOCIALISM

Socialists have traditionally argued for state control of key areas of the economy and of the provision of welfare services such as health and education. Socialist health workers have argued for general practitioners to become salaried employees of the Area Health Authorities, along with the ’ancillary workers’, instead of continuing to enjoy the independent self-employed status that they insisted on to protect their status when the NHS [National Health Service of the United Kingdom] was set up.

But the NHS, the largest employer in the country, has shared with nationalised industries the failure to demonstrate any evidence of ’belonging to the people’: because of the backing of the state it has proved a ruthless and powerful employer, keeping the wages of unskilled and many skilled workers also at uniquely low levels; time and again, union members seeking improvements in pay and amelioration of very poor working conditions have been defeated. Nor has the NHS shown any kind of effective accountability to its users. Public spending constraints have hit the NHS not only by causing a decline in working conditions and in the services provided, but also by imposing even more centralised planning priorities based on the need to save money whatever the cost.

This situation likely characterizes the Canadian public health-care system as well.

A word about the Canadian health-care system. One inadequate view on the Canadian health-care system is the social-democratic or social-reformist perspective, which certainly exists in Canada. One definitely inadequate view considers the Canadian health-care system to be socialist (Mary E. Wiktorowicz, pages 264-262, “Health Care Systems in Evolution,” in Staying Alive:  Critical Perspectives on Health,
Illness, and Health Care (2006), page 243):

In many ways, national health insurance symbolizes the great divide between:
liberalism and socialism; the free market and the planned economy (see Box 10.1).

Nationalized health care in no way represents the great divide between liberalism and socialism. An apparently critical form of the analysis of health care–but in reality a variant form of social democracy or social reformism–looks at the inequality in access to health care, according to level of income. Thus, in the edited work Health Promotion in Canada: Critical Perspectives (2007), Denis Raphael, in his article (pages 106-122) “Addressing Health Inequalities in Canada: Little Attention, Inadequate Action, Limited Success,” refers to levels of income as the major social determinant of the level of health. Since income inequalities in Canada are increasing, it follows that health inequalities are also increasing. However, this view defines a social determinant purely in terms of level of income–a typical social-democratic or social reformist method (I will deal with this issue in another post). As Glenn Rikowski (2001) points out (“After the Manuscript Breaks Off: Thoughts on Marx, Social Class and Education”, though, level of income is used instead of social class, or rather level of income is often used as a substitute by the social-democratic left:

… we witness the virtual abandonment of the notion of the working class…. Most people who analyse social class today do no such thing; rather, they have social inequality and stratification in view.

This use of the level of income to evaluate access to adequate health care is useful to a certain extent, but if it is the prime definition of class and inequality, it is far from adequate. It ignores entirely the source of income and exaggerates differences within the working class rather than a shared economic and social situation of being employees (or unemployed or temporary employees) and subject to a hierarchy of power at work (of course, managers are also subject to control from above, but in general it can be safe to assume that they form part of the middle class if not subordinate members of the ruling class).

The situation of the British NHS is typical of what happens when so-called socialist principles are realized in a capitalist context. Two socialist principles in particular fall by the wayside. From Bob Brecher (1997), (pages 217-225), “What Would a Socialist Health Service Look Like?,” in the journal Health Care Analysis,  volume 5, issue #3, page 219:

These principles are: (a) that there by a reasonable degree of equity in respect of outcome concerning the distribution of basic resources, and (b) that people treat each other as ends and not merely as means. The first may perhaps be understood as a political and economic dimension of socialism, while the second constitutes a moral and social element.

The first principle considers that social equity is itself a good in itself or an end at which we should aim. The second principle considers that people deserve to be treated as people in all circumstances and not just outside work or as “consumers.” This second principle, of course, can never be realized in a capitalist society since human beings are necessarily treated as things or objects to be used as means by a class of employers (see The Money Circuit of Capital).

Health care would be just that: health care–not health service. From Brecher, page 221:

‘Service’ implies server and served; consultant and client; provider and consumer. But none of these describes the sort of relationship between carer and person carefd for that the two principles outlined suggest. To take the example of the NHS again: despite the intentions of its founders, it was the connotations of service–by turn beneficently providing for patients and ‘servicing’ them as though they were objects–which helped provide amply justified dissatisfactions with the resultant shortcomings of the NHS treatment: and these have been used to undermine its founding principles. The combination of professional paternalism, especially in respect of senior doctors; an inability or unwillingness to treat people rather than their symptoms; and an attitude of ‘servicing’ and being ‘serviced’ all helped alienate people from what was supposed to be ‘our’ NHS, enabling successive conservative governments to turn what was at its inception at least a ‘social’ health service into an expliictly anti-socialist one. … these are not accidents of the British context: such terms and the attitudes and mores they describe are inimical to a socialist structure, based as that must be on considerations of equity and respect.

It is important to emphasize, as Brecher points out, that the assumption that nationalization is somehow socialist without further ado itself contributes to the Conservative backlash and the emergence of neoliberalism. By indulging the social-democratic or social-reformist left, with their talk of “decent work,” “fair contracts,” “fair share of taxes,” “$15 Minimum Wage and Fairness,” and the like, the so-called radicals have in reality contributed to the neoliberal backlash. What is needed is not indulgence of such talk, but continuous critique of such talk. What is needed is a critical attitude towards the so-called “left” and its associated idealized institutions.

What is needed is critical and hence democratic analysis and discussion of health-care systems. What is absolutely unnecessary is the defense of flaws in various social systems. If we are going to create a socialist society worthy of human beings, we need to be honest about the inadequacies of current social structures and systems.

The Canadian Labour Congress’s Idealization of the Collective-Bargaining Process

Relatively recently,  Hassan Yussuff, the president of the Canadian Labour Congress (CLC), wrote an article praising collective bargaining:

Collective bargaining is good for everyone

December 23, 2019

By Hassan Yussuff, as published in the Globe and Mail.  

The holidays aren’t solely about gift-giving and spreading good cheer. Many workers find themselves having to walk a picket line around this time of year.

Everywhere you look these days, teachers, public transit workers, railway and refinery workers seem to be involved in some kind of job action as contracts expire and end-of-year negotiations fail.

It can be frustrating for those affected and may even seem unfair that workers disadvantage the public in pursuit of better working conditions and better wages.

But make no mistake, collective bargaining is a fundamental right that helps ensure workers are getting their fair share. This is especially true when we consistently see certain governments, shareholders and corporate CEOs squeezing workers in order to improve their own bottom lines. “Without the right to pursue workplace goals collectively, workers may be left essentially powerless in dealing with their employer or influencing their employment conditions,” reads a 2015 Supreme Court of Canada ruling upholding the right of RCMP officers to unionize.

Unsurprising that some employers, private interest groups and opinion shapers insist on back-to-work legislation whenever a group of workers flexes collective muscle. But the reality is that work stoppages are a rarity—with almost all collective agreements in Canada reached and renewed without a strike or lockout.

In fact, strikes and lockouts happen far less frequently today than in the past. Days lost to work stoppages in federal private-sector, where CN Rail workers recently struck for several days, are well below levels reached earlier this decade. For instance, in 2019, monthly work stoppages recently dipped to a low of 13 for the entire country. This is well below 2017 and 2018 averages.

Collective bargaining is functioning exactly as intended. Workers leverage their collective strength in order to influence the terms and conditions of their employment. Their efforts to stand up for themselves will often have a ripple effect, improving conditions for non-unionized workers in related industries as well as for the people they serve. When teachers oppose larger class sizes and rail engineers insist on safety improvements, the public directly benefits, too.

The significantly low unemployment rate is also contributing to renewed confidence among workers. More discouraged workers and those overcoming barriers to employment have been able to find work. The number of underemployed workers, like part-timers who prefer but can’t find full-time hours, have ebbed.

This is long overdue. For a decade, young people have been graduating into a high unemployment job market with limited prospects. Women and newcomers to Canada have struggled with a shortage of decent jobs.  While joblessness remains far too high in oil-producing provinces and the Atlantic region (in Alberta, it hovers at a shocking 20% for males under the age of 25), there are gains elsewhere. In Ontario, Quebec and BC, the improving job market has allowed wages to tick up – finally. Since mid-year, wage growth has begun to pick up, averaging over 4%.

During the last ten years of sluggish growth, high unemployment and weak wage gains, typical workers in Canada have seen very little improvement in their wages, adjusted for inflation. Flat earnings are partly responsible for the fact that debt as a share of household disposable income has doubled in the past 25 years. Furthermore, fewer workers even belong to a union at all which often translates in lower earnings and fewer benefits and little recourse to improve matters. Compounded with the rise of the gig economy and with more companies outsourcing work, it’s that much harder for workers to unionize as we are seeing at corporations like IBM and Amazon.

In the meantime, Canada’s top corporate CEOs were paid nearly 200 times what the average worker made in 2017. In 2018, quarterly operating profits reached a post-recession high. Workers have spent the ‘recovery’ simply fighting to hold onto what they have.

It’s not just unions that welcome a stronger labour market and decent wage gains. The Bank of Canada also thinks it’s a good idea. Because inflation remains well under control, it has hesitated to raise interest rates. That’s a good strategy because it helps reduce inequality and strengthens the ability of households to cope with debt, food and shelter costs.

We must all recognize that even when work stoppages do happen, they are simply evidence that the collective bargaining process is working. Despite occasional work-to-rule and walk-outs, this is actually a very good thing because it ensures workers still have a say – as they should.

To be sure, it is generally preferable for workers and their representatives to participate in collective bargaining in order to obtain a collective agreement, but the idealization of the process and the resulting collective agreement, as well as the exaggeration of the fairness of the process and the resulting collective agreement, simply ignores the reality of the power of employers and their representatives (management).

In the article, Mr. Yussuff implies that, through the collective-bargaining process and the resulting collective agreement, workers can obtain their “fair share.” Mr. Yussuff provides no evidence of this. A fair share is presented only in terms of shaping the collective working conditions and wages of workers but not in actually controlling those collective working conditions by those who actually do the work–economic democracy or socialism (see the series of posts on what socialism would like on this blog). Mr. Yussuff ignores the implicit or explicit management rights’ clauses in collective agreements (see numerous examples of explicit management rights’ clauses in collective agreements on this blog, for example, Management Rights, Part Two: Public Sector Collective Agreement, Ontario).

There is obviously a pattern that often shows up in social-democratic rhetoric–how marvelous collective bargaining and collective agreements are (see my criticism of Jane McAlevey’s idealization of the collective bargaining process and the resulting collective agreement on this blog) as well as my review of her book in the Publications and Writings Section of this blog) .

It is interesting that Mr. Yussuff also tries to “sell” collective bargaining and collective agreements by implying that the proper functioning of collective bargaining and collective agreements results in fewer strikes:

In fact, strikes and lockouts happen far less frequently today than in the past. Days lost to work stoppages in federal private-sector, where CN Rail workers recently struck for several days, are well below levels reached earlier this decade. For instance, in 2019, monthly work stoppages recently dipped to a low of 13 for the entire country. This is well below 2017 and 2018 averages.

Collective bargaining is functioning exactly as intended.

At least Ms. McAlevey considers strike activity to often be necessary to back up the collective bargaining process whereas Mr. Yussuff’s more conservative stance considers strikes to be a last-ditch effort to be avoided if at all possible. On the other hand, both her and Mr. Yussuff consider the collective-bargaining process to be somehow capable of realizing fairness at the workplace. How this is in fact the case no trade unionist has ever explained to me in the face of the power of the class of employers.

Mr. Yussuff’s idea that workers should have a say minimizes the need for workers to have the say in their work lives–in conjunction with local communities–and not “a say”–as if they were condemned forever as a junior “partner” in the capitalist corporation.

The conservatism of the Canadian labour movement is astounding–but the left here in Toronto (and probably elsewhere) remain silent about such conservatism–since they share the same assumption of the legitimacy of the collective-bargaining process and collective agreements.

 

Review of Jane McAlevey’s “A Collective Bargain: Unions, Organizing, and the Fight for Democracy”: Two Steps Backward and One Step Forward, Part Two

This is the continuation of a post that reviews Jane McAlevey’s latest book entitled A Collective Bargain: Unions, Organizing, and the Fight for Democracy. 

In the last post, I showed that Ms. McAlevey exaggerates the extent to which strikes and collective bargaining can offset the power imbalance between the class of employers and the working class. In this post, I will show that Ms. McAlevey’s point of view is definitely social democratic or social reformist.

She writes the following in her book:

There’s nothing neutral about suicide nets; there’s nothing inevitable about creating a greater climate crisis by offshoring jobs so ships bigger than small towns cross oceans, killing the ecosystem and creating a need for more fuel; there’s nothing comforting about creating millions of close-to-slavery working conditions in faraway lands that Americans can’t see when they happily upgrade to the latest phone. We don’t need robots to care for the aging population. We need the rich to pay their taxes. We need unions to level the power of corporations.

This call for corporations to pay taxes–certainly, corporations should be forced to pay more taxes, but the implication here is that if corporations did pay more taxes, there would be a fair system. I will criticize this social-democratic view in another post, where I will criticize the Canadian social-democratic call for corporations to pay their “fair share” of taxes? Corporations need to be taken over by workers if they are to control their own lives since corporations form part of the economic structure that expresses a kind of economy where workers are controlled by their own products rather than the workers controlling their own products.

In the quotation above,there is a further problem that illustrates Ms. McAlevey’s social-democratic approach. She refers to the need for “unions [in order] to level the power of corporations.” How does the existence of unions “level the power of corporations?” To conclude this is to exaggerate the capacity of unions to challenge the employers as a class. The unions in the 1930s did not “level the power of corporations.” Ms. McAlevey provides no evidence that they did. They limited the power of corporations, but it is bullshit to say that unions have or can level the power of corporations. Such a view ignores the power of employers to dictate what to produce, how to produce, when to produce and so forth. I worked in several unionized environments, both private and public, and I failed each time to see how unions even approached the power necessary to “level the power of corporations.

As I showed in my review of Ms. McAlevey,’s  earlier book, No Short Cuts: Prganizing for Power in the New Gilded Age (found in the Publications and Writings section of this blog), Ms. McAlevey claims incorrectly that, when workers organize at the firm level, there is no difference between structural power and the power of agents. She confuses the micro level of organizing with the macro level of the capitalist economy as a whole. In her most recent book, she ignores altogether the difference and merely assumes what she needs to prove: that organized workers at the level of the firm or corporation somehow magically control their own lives and are equal in power to corporations.

Ms. McAlevey’s view concerning unions and their supposed power to level the playing field merely echos Canadian liberal sentiments, such as expressed in the work Reconcilable Differences: New Directions in Canadian Labour Law, by Paul Weiler (1980).

Furthermore, as a number of posts have shown (see for example Management Rights, Part One: Private Sector Collective Agreement, British Columbia), the management rights clause in collective agreements provides management, as the representatives of employers, with wide powers; collective agreements do not question such power but only limit it. Even when a collective agreement does not have an explicit management rights clause, arbitration boards have indicated that there is an implicit management rights clause. Ms. McAlevey conveniently ignores such facts and thereby idealizes the power of unions, the power of collective bargaining and the power of collective agreements.

In another post, I pointed out how, in the context of health and safety, one union representative admitted the limited power of unions (see Confessions of a Union Representative Concerning the Real Power of Employers).

Ms. McAlevey’s confusion of the micro and the macro extends to her exaggerated claims concerning the extent to which workers gain from strikes directed against a particular employer. She often uses the term “big” when referring to wins by workers and unions. From the introduction:

Chapter 1 discusses three such examples of women winning big.

To win big, we have to follow the methods of spending very little time engaging with people who already agree, and devote most of our time to the harder work of helping people who do not agree come to understand who is really to blame for the pain in their lives. Pulling off a big, successful strike means talking to everyone, working through hard conversations, over and over, until everyone agrees. All-out strikes then produce something else desperately needed today: clarity about the two sides of any issue. Big strikes are political education, bigly.

It is certainly an innovation to focus on winning over those who disagree with us–the left often are a clique that simply address themselves. However, this constant reference to winning big hides the fact that even more important and wider successes are considered big wins rather than skirmishes that should lead towards the overthrow of corporate power. Divorced from such a movement, they can hardly be considered “big wins.” Only those who have faith in the legitimacy of the collective bargaining system to produce fair results could use such a term as “big.”

Nowhere does Ms. McAlevey question corporate power as such but assumes its legitimacy.

Just as Ms. McAlevey confuses power at the micro level with power at the macro level in relation to unions, collective bargaining and collective agreements, she confuses the levels of power when it comes to identifying problems related to the environment. She writes:

There’s plenty of money to make a Green New Deal happen. Investigative journalist Christian Parenti has recently pointed out that corporations are currently sitting on $4.8 trillion in cash—a subset of $22.1 trillion they hoard. That money could be used to quickly transition the economy to a robust unionized green economy, one that can reproduce a dignified quality of life for workers of the future and end the destructive jobs-versus-the-environment debate. But to access that money, it takes real power and know-how—the kind of authority that unions in New York still have, along with a few other major states. To rebuild union power elsewhere, the environmental movement will have to stand up and fight alongside them—really fight, not just talk about green jobs. That means actively throwing their support behind workers’ right to strike and actively backing workers. That kind of organizing and the power it builds will be necessary to raise taxes on the rich (versus just talking about it) [my emphasis] and make progress on shifting federal subsidies away from fossil fuels and toward a safe, resilient economy that works for humans and our planet.

Just as the British Labour Party, in its Manifesto It’s Time for Real Change, jumps on the bandwagon of climate change, so too does Ms. McAlevey. The view that climate change will be solved on the continued basis of the existence of a class of employers–a capitalist basis–by only making the rich pay more taxes is typical of social democrats these days (for my criticism of such a view, see The British Labour Party’s 2019 Manifesto: More Social Democracy and More Social Reformism, Part One).

Ms. McAlvey’s social-democratic position finds expression as well in her idealization of other capitalist countries:

There is a third option: the kind of income supports that come with the social democratic policies found throughout much of Western Europe. This would allow greater labor-force participation by both parents, but it would require radical changes to the fabric of our economy. In Sweden, people have generous paid parental leave—two back-to-back years, one for each parent—so that each baby born has a parent as its primary full-time caregiver for the first two years of life. When this parental leave is exhausted, Swedish toddlers enter a nationalized child-care system that is essentially free: paid for with a fairer taxation system that levels the playing field for children’s opportunity and success from birth forward.

The idealization of Sweden and other Scandinavian countries is another ploy used by social democrats to prop up their own reformist tendencies.

Let us look for a moment at Sweden. The consensus between employers and unions started to break down in the 1980s, and accelerated during the 1990s, when there was an economic crisis. (From “Education and Inequality in Sweden: A Literature Review,”
Carl le Grand, Ryszard Szulkin and Michael Tåhlin; in Editors: Rita Asplund and Erling Barth, Education and Wage Inequality in Europe: A Literature Review, 2005, page 355):

However, since the beginning of the 1980s, the consensus around the
solidarity wage policy has been undermined. The national federation of
employers has adopted new policies aiming at wage determination at the
firm level, while the attitudes among the trade unions have been mixed.
This new situation has resulted in a decentralisation of wage negotiations, giving more space for local agreements. Hence, the scope for variation in earnings, both between and within groups, has increased markedly in Sweden during the last decades.

The increase in within-group inequality is connected to two developments
in the Swedish labour market that have important policy implications. First,
the gender wage gap has been stable in the last two decades although the
gender differences in years of experience have diminished markedly. This
lack of improvements in the gender wage differentials is closely related to the
fact that the returns to education have decreased for women in relation to
those for men. Thus, the trend towards increased within-group wage inequality
seems to be to the disadvantage of women in Sweden. …

Second, the relative wages for public sector employees have fallen drastically
in the last decades. This development is closely related to a decrease
in the returns to education for public sector employees in relation to those
for private sector workers. This trend is, of course, related to the first
trend, as women dominate strongly in the public sector. Reasonably, the
main explanation for the rise of earnings inequality between public and
private sector employees is the increasing financial problem of the public
sector, as well as the decentralisation of the wage-setting processes that has
taken place in Sweden since the first half of the 1980s.

Changes in the labour market were followed by changed in education in the 1990s, characterized by a shift in governmental policy towards management by objectives–including education. (From Anne Berg  and Samuel Edquist, 2017, The Capitalist State and the Construction of Civil Society: Public Funding and the Regulation of Popular Education in Sweden, 1870–1991 , page 173):

However, as a consequence of the turmoil surrounding the oil crisis in 1973, the digital revolution, and the rise of finance capitalism and global outsourcing, many classic Swedish industries, such as shipbuilding and clothing manufacturing, started to go out of business. Unemployment rates rose and consumption stagnated. Sweden
managed to hold off the worst consequences of the crisis, but the path towards a change in policy and governance had been set. The reform of 1991 was part of a general shift in government policy from traditional rule by guidelines and directives to management by objectives. It followed a broader trend of reforms inspired by neo-liberalism, which called for decentralisation and marketisation of welfare services: education, health care and social security. The neo-liberal ideology had gathered strength in the 1980s, encompassing all the major political parties including the Social Democrats. The neo-liberal programme was set out to solve the problem of how to manage society and the bureaucratic system of government while saving resources. The market, not government, was to handle issues such as social security and education.13 In 1988, there was a decision in principle to implement management by objectives and results throughout the Swedish government apparatus. Soon, such a reform was decided on for the compulsory and upper secondary school system, combined with a move to decentralisation, both of which were to be particularly important for the subsequent changes in popular education policy.14 Interestingly, this policy change, mainly intended to make public administration more efficient, was also suggested for the administration of popular
education and its grant system. Goal-oriented management was seen at the government level as a way of safeguarding and strengthening the independence of popular education.

According to management by objectives, education can be taught according to discrete objectives that are then somehow magically integrated. I will critique in a future post management by objectives (outcome-based education, or OBE) via a critique of several articles of a former professor of mine (Robert Renaud) concerning Bloom’s taxonomy, which forms a ground for outcome-based education. (From Qin Liu (2015), Outcomes Based Education Initiatives in Ontario Postsecondary Education: Case Studies, page 7):

OBE’s precursors can be found in the earlier objectives movement, as represented by Tyler’s (1949) Basic Principles of Curriculum and Design, Bloom’s (1956) Taxonomy of Educational Objectives, and Mager’s 1962) Preparing Instructional Objectives, as well as in mastery learning (Block, 1971; Gusky, 1985), criterionbased assessment (Masters & Evans, 1986) and competency-based education (France, 1978). From these sources, it becomes apparent that OBE stemmed from and is rooted in efforts to address pedagogical concerns.

The idea that Sweden “levels the playing field for children’s opportunity and success from birth forward” is a myth.

Furthermore, I will, in a future post, criticize the idea that there is such a thing as “a fairer taxation system that levels the playing field for children’s opportunity and success from birth forward” in relation to schools. This idea of “leveling the playing field” is pure rhetoric, and presents a completely false picture of the decidedly uneven playing field characteristic of a society dominated by a class of employers–whether unionized or not.

I will also further argue that even if equal opportunity did exist, it would not change the hierarchical nature of the division of labour and the class structure since competition between workers, inheritance laws and the hierarchical ownership of the conditions of lives would be recreated as workers competed (with some losing and others gaining in the process–thereby merely mirroring the present class structure).

I started out, in the first post, by quoting Sam Gindin, with Mr. Gindin pointing out how popular Ms. McAlevey is these days. Her popularity is undoubtedly due in part to her own innovations in organizing. It is, however, also due to her exaggerated claims concerning the efficacy of her own approach to collective bargaining in eliminating power, wealth and income differentials between the class of employers and the working class.

In the next post, I will refer to how the president of the Canadian Labour Congress (CLC)–a social-democratic organization of unions federated to it and representing more than three millions Canadian workers– idealizes collective bargaining–like Ms. McAlevey.

 

A Worker’s Resistance to the Capitalist Government or State and its Representatives, Part Three

This is a continuation of a previous post that illustrates how politically biased the capitalist government or state and its representatives (such as social-democratic social workers) are when it comes to determining real situations–especially when a person self-declares as a Marxist.

The following may not seem appropriate since it is supposed to be a political blog. However, the personal is sometimes political, and the political is sometimes personal. Political lessons can sometimes, therefore, be drawn from personal experiences. It will also serve as an antidote against the illusions of the social-democratic left, who isolate the various forms of injustices and treat them as independent of each other–a typical methodological trick by the social-democratic left.

Indeed, when I was still a teacher at a school, one union rep implied that certain experiences that I outlined had more to do with purely domestic conflicts. Such an isolation of family relations forms part of the typical methodology of social democracy.

For that reason, I am also including a published essay on Dewey’s conception of language and the human life process on my blog, in the section Publications and Writings. It undoubtedly is limited in many ways and may indeed contain errors, but the idea that the human life process as integrating many elements and hence as comprehensive is relevant for understanding the world.

I will copy, little by little, be, a complaint that I filed against a social worker, Mr. S.W., of Winnipeg, Manitoba, Canada. There was a court-ordered assessment to be performed concerning the relationship between the parents and Francesca Alexandra Harris, their daughter, in the summer of 1998.

I am not including the name of the social worker since it is possible that he would try to take me to court; despite the documentation that I possess against a report he wrote, it is quite possible that a judge would side with him due to joint political bigotry. I am replacing his name with Mr. S.W. (appropriate given the social-reformist nature of most social workers as well as how the Manitoba Institute of Registered Social Workers handled the complaint). The complaint has to do with my daughter, Francesca Alexandra Romani (ne Harris).

The political hostility expressed in the assessment is similar to what I have experienced by many social-democratic leftists here in Toronto. This did surprise me at the time, but it no longer does. I have been called a “condescending prick” (by Wayne Dealy, union rep for local 3902 of the Canadian Union of Public Employees (CUPE)–one of the largest unions in Canada. I have been called delusional on Facebook by one of the Facebook friends of another local union rep, Tina Faibish (president of local 552 of the Ontario Public Service Employees Union (OPSEU). I was also called insane by Errol Young (a member of the anti-poverty organization Jane and Finch Association Against Poverty) (JFAAP). I have also experienced a condescending attitude towards my criticisms among the left here.

For those who do attempt to engage in criticism of the power of employers as a class, you can expect such hostility. That hostility may even extend to your family, even if it is indirect and subtle.

Just a recap of part of the last post: Mr. S.W., in a court-ordered assessment, claimed that my claim that the mother of my daughter (Francesca Alexandra Romani, ne Harris) was using a belt and a wooden stick to physically abuse her, was “somewhat ridiculous.” ((I use the initials “S.W.” to represent the social worker who wrote the assessment). Mr. S.W. was much less concerned about determining the truth of this claim (which is in fact true) than with my so-called indoctrination of my daughter in my “Marxist ideology.” Since the civil trial in April 1999, my daughter complained of the following  (as of February 18, 2000): 1. Her mother was using a wooden stick on her buttocks; 2. Her mother used a belt to spank her on the same area; 3. Her mother grabbed Francesca and forced her into the apartment building; 4. Her mother had grabbed Francesca’s throat in the elevator and warned her not to tell me that her mother had hit her; 5. Her mother shoved Francesca to the floor on two separate occasions; 6. Her mother hit Francesca on the head with a book; 7. Her mother pulled Francesca’s hair; 8. Her mother scratched Francesca with a comb.

This contrasts with Mr. S.W.’s allegation, as noted in the last post, that ” Mr. Harris’ explanation for contacting the Agency [Winnipeg Child and Family Services] was somewhat ridiculous. He said that the child had made some vague indications that she may have been spanked.”

Mr. S.W. was much less concerned about the truthfulness of Mr. Harris’ claim (which is true) than with Mr. Harris’ Marxists ideas.

Further evidence of Mr. S.W.’s political bias is his lying to the court about what occurred at our first meeting. Let us listen to Mr. S.W.’s account first in the court-ordered assessment, as I detailed it in my official complaint against Mr. S.W. on February 18, 2000, to the Manitoba Institute of Registered Social Workers:

8. Mr. Harris’ “confrontational” style

This needs to be looked at more closely. On page 3, Mr. S.W. notes that on July 29, 1998, he had a telephone contact with Mr. Harris. The purpose was to set up a date for the interview as well as the home visit with Francesca. On the same page, Mr. S.W. includes Mr. Harris’ letter to Mr. S.W., dated August 4, 1998.

According to Mr. S.W.,

“Mr. Harris’ maladaptive strategies in relating to others has probably caused him a great deal of stress and anxiety over the years. This writer, for example, encountered difficulty in dealing with Mr. Harris even before the first meeting with him. In a phone conversation with Mr. Harris, this writer had suggested that his daughter should be instructed in the use of English as well as other languages [Mr. Harris’ emphasis.] Mr. Harris seemed draw [sic] conclusions adverse conclusions from this conversation, almost as if he were looking for an argument and confrontation where no dispute existed [Mr. Harris’ emphasis]. Because of the fact that there was no dispute in the first place, this writer was able to dispose of Mr. Harris’ misunderstandings in a few minutes. This letter, however, is likely a good indication as to how Mr. Harris creates difficulties for himself in relating to people in general” (page 21 of the court-ordered assessment by Mr. S.W.)

Mr. S.W. presents himself as pure rationality, able to bring Mr. Harris, the “insecure” individual, to reason. It is indeed unfortunate for Mr. S.W. that Mr. Harris was keeping a journal at the time (document 29). Since it is in French, the translation of the relevant passage reads:

“Wednesday, July 29, 1998: I went to meet Lloyd [Lloyd Lawrence, my best friend in Winnipeg at the time] after having gone to Manitoba Housing in order to pay the $63 for rent. We talked too long.

When I came back, there was a message on the answering machine by Mr. S.W.; he could not meet Francesca and me on August 1 but on August 8. I telephoned him. He told me that he had already met Francesca twice. I indicated to him that there would be a problem with that: it would be necessary to wait 10 days–that it was a farce. He asked me what was. I related to him how the law had evicted me on the basis of Veronica’s lie [my wife at the time]. He told me that it was the same thing with zero tolerance (equation, identity–I do not agree). I also told him that I found it offensive that he told me that speaking English was logical in a predominately English society (implying that speaking Spanish to her was illogical) [I had asked him which language he would prefer that I use when observing Francesca and me since I generally spoke Spanish to Francesca.]  He replied that Spanish was not a widespread language in Canada and that Francesca could have problems in school. I replied that the knowledge of Spanish could help my daughter if she attended a French-immersion school (with the imperfect and the past). He said that he was not going to debate the issue with me.”

Of course, Mr. Harris may be fabricating this. He might have written it only today. The committee will have to decide this as well as whether Mr. S.W. “had no qualms in misleading government agencies.” The dispute centered on why Mr. S.W. would assert that speaking Spanish to Francesca would harm her. Mr. Harris categorically denies that Mr. S.W. made any reference to “other languages.” Mr. S.W., even before he interviewed Mr. Harris, was already questioning Mr. Harris’ intentions and authority as a parent and as a teacher.

Mr. Harris had taught Spanish and French (in French immersion) at the high-school level. He has taken methodology courses in the teaching of French in French immersion and the teaching of French as a second language. He has a major in French and a minor in Spanish. He attended College universitaire de Saint-Boniface to obtain his bachelor of education–despite being an anglophone–for two years. Mr. Harris is much better qualified than Mr. S.W.  in the teaching of a second language.

It is Mr. S.W. who created the dispute. To cover up his own bigotry, he then presents Mr. Harris as “confrontational.” Mr. Harris finds this constant whitewash by Mr. S.W. as indicative of an “insecure” intellectual who consciously set out to ridicule Mr. Harris–this time, to present himself as Monsieur Le Rationnel and Mr. Harris as Monsieur L’Irrationnel.

If the letter which Mr. Harris wrote to Mr. S.W. is taken in the context of the translation of Mr. Harris’ journal, then it was Mr. S.W. who was confrontational, and Mr. Harris reacted to that. [The letter I wrote to Mr. S.W. referred to his biased reference to how speaking only Spanish would harm Francesca. I contacted some Aboriginal organizations, which affirmed that they considered it appropriate to teach Aboriginal languages to Aboriginal children. I also referred to the fact that Canada is officially a bilingual country and not limited to the English language.]

Also, given Ms. Harris’ constant denial of Mr. Harris’s right of telephone access–conveniently omitted by Mr. S.W.–Mr. Harris’ reaction to Mr. S.W.’s attack on which language he spoke to his daughter is perfectly natural. [I had the legal right to telephone Francesca every Wednesday, and every Wednesday Francesca’s mother would deny that right–which had been going on for over two months.] Is it normal practice in social work to attack a non-custodial parent by telephone during an assessment?

Note that Mr. S.W., when he had the phone conversation with Mr. Harris, had already spoken to Ms. Harris twice beforehand. Ms. Harris’ lies had obviously already influenced the political bigot.

‘Another curious thing concerning the issue of languages needs to be raised. Mr. Harris indicated that he wanted his daughter to attend French-immersion school. After the last interview with Mr. S.W., Mr. S.W. indicated that he would recommend that as well. Nowhere is such a recommendation to be found in the assessment. An interesting “omission” once again. (Incidentally, Mr. Harris, despite all the lies and distortions, etc. of Ms. Harris, after the trial, attempted to be friendly to her. She indicated that she wanted Francesca to attend French immersion–without Mr. Harris mentioning anything to her. Mr. Harris suspects that Mr. S.W. talked to his client  Ms. Harris concerning the issue. In fact, Francesca was registered in Sacre Coeur No 2 for this September. When Ms. Harris started to lie to Mr. Harris again, Mr. Harris broke relations again (he has no intention of basing his life on constant lies–that is no basis for a life). Ms. Harris subsequently withdrew Francesca from Sacre Coeur No. 2 and enrolled her in Sister MacNamara School–an English-speaking school. This is the power that Mr. S.W. has bestowed on his client, Ms. Harris

What lessons can be learned from the above?

  1. Representatives of “authority” will expect proper deference towards them. If you do not display proper deference, you will suffer negative consequences.
  2. If you challenge their authority, they will lie.
  3. The truth for such representatives does not matter; they conceive of themselves as the holders of truth–their truth. That means that unless you have substantial proof to the contrary, they will concoct a story that will present them in a positive light and you in a negative light.
  4. The above probably applies in general and is not specific to Marxists. If you self-identify as a Marxist, you can expect all the above–but in an intensified manner.

Are there other lessons to be learned? Probably, if you can think of other lessons, feel free to comment on the post, or provide your an account of your own experiences.

 

Socialism, Police and the Government or State, Part Two

This is a continuation of a previous post. It is a response to Mr. Sam Gindin’s article, We Need to Say What Socialism Will Look Like , where he argues that under socialism the government or state will not “wither away” but will expand as public services expand. Mr. Gindin’s conception of the expansion of public services is, however, largely quantitative and has little to do with fundamental qualitative changes in public services.

The issue has to do with the idea of a “transitional socialist society.” Mr. Gindin assumes that such a society will come into existence through the expansion of public services that already exist. Compare his assumption with the following (from Rob Bryer, Accounting for History in Marx’s Capital: The Missing Link, pages 279-280):

…he [Andrew Kliman] makes a helpful suggestion: “except to say that I have increasingly come to suspect that the very idea of ‘transitional society’ is incoherent, and seems to stand in the way of thinking things through clearly” (Kliman 2004, 11). Rather than opting out, or making a transition from capitalism to socialism, Kliman
(2004, 12) argues “what requires explanation is the essential character of the change, which is not gradual quantitative decrease, but [quoting Hegel’s Science of Logic] the ‘abstract transition of an existence into a negation of the existence,’” Kliman (2004, 14) therefore suggests, “Capitalism . . . cannot ‘become’ a new society; it cannot gradually cease-to-be as the new society comes-to-be. Is it not the case, then, that revolutionary transformation can only be comprehended as absolute liberation that begins the day after the revolution, rather than as gradual transition?”

A transitional mode of production is incoherent, but history shows pre-capitalist transitional societies in which different modes co-existed, where class conflict was driving change in which one became dominant. Changes in the dominance of pre-capitalist modes—slavery over primitive communism, feudalism over free peasants, and capitalism over feudalism— were transitions. In his early work, Marx used the idea of transitional societies, changing from one ‘mode of commercial intercourse’ to another to explain history and, particularly in The Communist Manifesto, argued for a transition to socialism. However, from Grundrisse onward he argued that the
change to socialism was unique because, rather than an unconscious change in dominance from one form of exploitation to another, socialism results from consciously changing the social relations of production, and creating the necessary superstructure, to abolish it. Socialism becomes possible only if all (or the vast majority) of workers understand Marx’s theories of value and history and, when they do, they ‘inevitably’ change society’s social relations of production on Day 1 to abolish all exploitation.

There can, therefore, according to the mature Marx, be no transition to socialism, no ‘transitional society,’ part capitalist, part socialist, but only a once for all, immediate and comprehensive, qualitative change in the social relations of production.

Although history will undoubtedly be much messier than this “once and for all, immediate and comprehensive, qualitative change,” the basic idea of a vastly different kind of society emerging from capitalism than the emergence of capitalism from earlier kinds of society is something which Mr. Gindin ignores. The need for a conscious and organized effort to eliminate classes needs to be explicitly put on the agenda from the beginning in order to make a qualitative change in our lives.

Mr. Gindin does speak of the “transformation” of the capitalist state into a socialist democratic state, but his complete neglect of the repressive aspects of the government and his insistence that “scarcity” and “external motivation” will necessarily characterize socialism means that such a transformation will continue to possess repressive features.

Many members of the working class (especially the precarious members of the working class in Canada since many unionized members of the working class no longer engage in illegal strikes), however, experience the capitalist government or state as repressive. Mr. Gindin simply ignores this feature of working-class experience when he refers to the “transformation” of the capitalist state. The need to abolish a separate police power was formulated long ago, when the Paris Commune emerged in 1871 in France.

Let us continue with the issue of the repressive power of legal system. Last time, we looked at the police. Let us now look briefly at the criminal courts. An accused is supposed to be innocent until proven guilty–so says the rhetoric (rhetoric characterizes much of a society dominated by a class of employers). Is this really the case, though?

From Doreen McBarnet, Conviction: Law, the State and the Construction of Justice, page 2:

The whole flavour of the
rhetoric of justice is summed up in the idea that it is better for ten
guilty men to go free than for one innocent man to be wrongly
convicted. Why then the paradox that the vast majority of cases
processed through a criminal justice system so geared to favouring
the accused results in a finding of guilt?

For they do. According to the criminal statistics for 1978,
conviction rates were as follows: 8o per cent of Scottish cases
involving crimes, 95 per cent of Scottish cases involving offences, 84
per cent of English Crown Court cases, 93 per cent of indictable
cases, 95 per cent of non-indictable cases, in the English magistrates’
courts.3 Some samples show even higher rates-a 98.5 per cent
conviction rate for magistrates’ courts in Sheffield (Bottoms and
McClean, 1976). Conviction depends in court on the plea or the
verdict. If the accused pleads guilty to the charge against him,
conviction follows as a matter of routine. If he pleads not guilty, a
contested trial follows. According to Bottoms and McClean, 72 ·5
per cent of those contesting the case in magistrates’ courts, 55 per
cent of those choosing jury trials, and 71 per cent of those allocated
to the higher courts were convicted on some or all counts (pp. 106,
209). In the rhetoric of justice everyone is entitled to a fair trial; yet
most defendants plead guilty. In the rhetoric of justice any
reasonable doubt should result in acquittal; yet for the clear
majority of cases the court is convinced beyond reasonable doubt,
despite all the rhetorical hamstrings on police and prosecution, that
the accused is guilty. Why?

One answer might be quite simply that the defendants are guilty;
the case against them is too strong to be plausibly disputed; the facts
speak for themselves. Sir Robert Mark has suggested indeed that the
very limitations placed on police and prosecution bringing a case to
court make it highly probable that only the indisputably guilty
come through the process at all….

Mr. Gindin probably has been indoctrinated into the ideology of law, which presents courts as areas where legal due process is dominant–whereas the opposite is the case.

From Doreen McBarnet, Conviction: Law, the State and the Construction of Justice, Page 153:

Legal policy has established two tiers of justice. One, the higher
courts, is for public consumption, the arena where the ideology of
justice is put on display. The other, the lower courts, deliberately
structured in defiance of the ideology of justice, is concerned less
with subtle ideological messages than with direct control. The latter
is closeted from the public eye by the ideology of triviality, so the
higher courts alone feed into the public image of what the law does
and how it operates. But the higher courts deal with only 2 per cent
of the cases that pass through the criminal courts. Almost all
criminal law is acted out in the lower courts without traditional due
process. But of course what happens in the lower courts is not only
trivial, it is not really law. So the position is turned on its head. The
98 per cent becomes the exception to the rule of ‘real law’ and the
working of the law comes to be typified not by its routine nature, but
by its atypical, indeed exceptional, High Court form. Between them
the ideologies of triviality and legal irrelevance accomplish the
remarkable feats of defining 98 per cent of court cases not only as
exceptions to the rule of due process, but also as of no public interest
whatsoever. The traditional ideology of justice can thus survive the
contradiction that the summary courts blatantly ignore it every
day-and that they were set up precisely for that purpose.

The real world of courts (and the police) needs more than “transformation”–it needs abolition since they function at the level of real law and not at the level of the rhetoric of justice. From Doreen McBarnet, Conviction: Law, the State and the Construction of Justice, pages 154-155:

The rhetoric of justice requires incriminating evidence as the
basis for arrest and search; the law allows arrest and search in order
to establish it. Justice requires that no-one need incriminate himself;
the law refuses to control the production of confessions and allows
silence as a factor in proving guilt. justice requires equality; the law
discriminates against the homeless, the jobless, the disreputable.
Justice requires each case be judged on its own facts; the law makes
previous convictions grounds for defining behaviour as an offence
and evidence against the accused. Justice places the burden of proof
on the prosecutor; the law qualifies the standard and method of
proof required and offers the prosecutor opportunities for making a
case which the accused is denied. Justice proclaims the right to trial
by one’s peers; the legal system ensures that 91 per cent of all
defendants plead guilty, and of the rest most are tried without a
jury.

If, then, the process of conviction is easier than the rhetoric of
justice would have us expect-and easier still the lower the status of
the defendant-it is hardly surprising. A wide range of prosecution
evidence can be legally produced and presented, despite the
rhetoric of a system geared overwhelmingly to safeguards for the
accused, precisely because legal structure, legal procedure, legal
rulings, not legal rhetoric, govern the legitimate practice of criminal
justice, and there is quite simply a distinct gap between the
substance and the ideology of the law.

This conclusion has two direct and immediate implications. First
it places the contemporary policy debate over law and order in a new
light. The police demand for more powers, for the removal of the
hamstrings of the right to silence, the limitations on arrest and
search-and indeed the civil liberties camp’s agitated response that
the legal checks of British justice must be upheld-begin to appear
rather odd. Both sides of the debate are framed in terms of the
ideology of civil rights, not in terms of the realities of legal procedure
and case law which, as I hope this analysis has amply shown, have
all too often already given the police and prosecution the very
powers they are demanding. The law does not need reform to
remove hamstrings on the police: they exist largely in the unrealised
rhetoric.

Second, more theoretically, this analysis has implications for the
explanation of law-enforcement and its outcomes. A whole range of
excellent sociological studies has pointed out situational, informal,
non-legal factors in police-citizen encounters and courtroom
interaction to explain who is arrested or convicted, and to explain
why the system so often seems in practice to be weighted against the
accused. Their answer lies essentially in the complex nature of social
interaction and motivation; in the fact that people do not merely
administer the law but act upon and alter it as they do so. This study
offers a supplementary perspective, making the law rather than the
activities of its administrators problematic. The conclusion is quite
different. Given the formal procedures and rules of the law and the
structure of arrest, investigation, plea and trial, one could not–even
if human beings acted entirely as legal automatons–expect the
outcomes to be other than they are. If the practice of criminal justice
does not live up to its rhetoric one should not look only to the
interactions and negotiations of those who put the law into practice
but to the law itself. One should not look just to how the rhetoric of
justice is subverted intentionally or otherwise by policemen bending
the rules, by lawyers negotiating adversariness out of existence, by
out-of-touch judges or biased magistrates: one must also look at how
it is subverted in the law. Police and court officials need not abuse the
law to subvert the principles of justice; they need only use it.
Deviation from the rhetoric of legality and justice is institutionalised
in the law itself.

Mr. Gindin’s implicit contention that the “withering away of the state” is utopian expresses his own middle-class experiences and bias. He probably has not experienced the repressive nature of the police and the court system. He vastly underestimates the importance of that repressive apparatus and implicitly idealizes the current state system.

To what extent, for example, is the modern welfare state not only the provision of needed public services but also oppressive? Mr. Gindin has nothing to say on this score. Yet if we consider how social workers are linked to the police and to the courts, then we can see that the modern welfare state is itself often repressive and needs not just transformation but substantial reconstruction as the repressive apparatus of a hierarchy of managers is abolished and work is democratized. What of faculties of education and schools? Would they not need substantial reconstruction as their repressive aspects are abolished in conjunction with the repressive apparatus of employers? And so forth.

For those oppressed by the police, criminal court systems and various social agencies, there is a need for the abolition of such structures and the “withering away” of such structures as workers and the community finally develop processes that enable them to control their own life process.

Mr. Gindin’s article, then, ultimately serves as a reminder of just how distant “real socialists” (actually, social-democratic reformers) are from the daily experiences of billions of workers and community members.

Mr. Gindin’s “realistic” socialism, then, fails to address either the nature of modern capitalist society or the qualitatively different kind of society which would characterize a socialism without a repressive government apparatus.

Review of Jane McAlevey’s “A Collective Bargain: Unions, Organizing, and the Fight for Democracy”: Two Steps Backward and One Step Forward, Part One

Jane McAlevey is everywhere these days. Recently appointed a senior fellow at Berkeley’s Labor Center, she is now also a regular columnist for both the Nation and Jacobin. Her webinar (“Organizing for Union Power”) has a global audience. She continues to be called on to address unions and run training sessions in the United States, Canada, the United Kingdom, Scotland, and Germany. In the midst of all this, McAlevey has just come out with a third book on unions and working-class struggles, A Collective Bargain: Unions, Organizing and the Fight for Democracy (and a fourth is not far behind).

So writes Sam Gindin in an article published on the Socialist Project’s website (“Workplace Struggles and Democracy: Challenges for Union Organizing,” December 13, 2019). Her popularity is undoubtedly due to her skills as an innovative union organizer and collective bargainer. It is, however, undoubtedly also due to her idealization of collective bargaining (and, implicitly, collective agreements)–which is a favourite tactic of the social-democratic left.

I reviewed Ms. McAlvey’s previous book, No Short Cuts: Prganizing for Power in the New Gilded Age before (see the section “Publications and Writings” on the home page of this blog). In that work, at least, Ms. McAlevey had an explicit section on the issue of the relationship between social structure and social agency (or conscious social action). I pointed out, in my review, that Ms. McAlevey, far from solving the problem, not only ignored the issue of the relationship between micro-organizing and the macro social structure but short-circuited the issue by identifying the solution to be micro-organizing at the level of the workplace. As a consequence, she idealized workplace organizing, collective bargaining and collective agreements.

In her latest book, she does not even seek to address explicitly the issue of the relationship between social structure and social agency. As a result, she continues to idealize local workplace struggles, collective bargaining and collective agreements. She also confuses the power of employers as persons and the power of employers as a class.

Rather than look first at some of the strengths of her latest book (which I already looked at in my review of her earlier book), I will look at the weaknesses of her book.

From Chapter 1 of her book:

Despite the weakened state of most unions, workers today who are either forming new ones or reforming older ones point us in the direction of how to solve the crisis engulfing our society and our politics. In the midterm elections in 2018—dubbed the year of the woman—the misogyny oozing from the White House was somewhat rebuked at the polls. Yet the year before, working women scored a series of thoroughly impressive wins, just after Donald Trump lost the popular vote but eked out a win from the Electoral College. Many of those victories received far less media attention. As in the midterm elections, men contributed to these wins, certainly, but the central characters were women—often women of color—who waged tireless campaigns of which the outcomes would have drastic consequences. Chapter 1 discusses three such examples of women winning big.

The arena for these battles was the workplace, in the mostly female sectors of the economy such as health care, education, and hospitality, but also in the tech sector, where sexual harassment and the gender pay gap serve as a stark reminder that, despite the tech elite’s rhetoric of building a new society, nothing much has changed, unless you count the creation of the new generation of Silicon Valley billionaires as progress. Women worker-led policy changes included people wresting control of their schedules away from tone-deaf managers, most of whom have never had to pick up their kids at the bus stop; securing fair and meaningful pay raises; achieving bold new safeguards from sexual predators; and ending racism and other discriminatory practices in their salary structure. The mechanism for securing these victories was the collective bargaining process [my emphasis], and each involved strikes—the key leveraging mechanism of unions.

Strikes are uniquely powerful under the capitalist system because employers need one thing, and one thing only, from workers: show up and make the employer money. When it comes to forcing the top executives to rethink their pay, benefits, or other policies, there’s no form of regulation more powerful than a serious strike. The strikes that work the best and win the most are the ones in which at least 90 percent of all the workers walk out, having first forged unity among themselves and with their broader community. To gain the trust and support of those whose lives may be affected, smart unions work diligently to erase the line separating the workplace from society.

Strikes (and well-organized and well-strategized strikes at that) will certainly form a part of a movement for the creation of a different kind of society, but already Ms. McAlevey idealizes the collective bargaining process. She never specifies how the collective bargaining process actually expresses anything more than some gains made by workers in the face of the overwhelming economic (and political) power of the class of employers.

I have persistently referred to management rights clauses in collective agreements–and collective bargaining and the resulting collective agreement do not address this issue except as a limitation (and not as a negation) of the power of any particular employer as a member of the class of employers (and that applies to both the private and public sector). See the various management rights clauses on this blog (for example,     Management Rights, Part Eight: Private Sector Collective Agreement, Quebec).

This exaggeration of the efficacy of the collective-bargaining process forms part of the exaggerated rhetoric of the social-democratic left–such as “fair contracts.” It is a sell job in order to get workers to support unions. This may have short-term gains, but when workers then experience the day-to-day grind of working for an employer (even a unionized worker and even deeply organized workers), the rhetoric of “securing victories” starts to wear thin. So does such rhetoric as the following:

The women-powered collective bargaining wins described in chapters 1, 5, and 6 represent monumental improvements to worker and community lives[my emphasis]  that happened much faster than traditional policy changes—unless, perhaps, you are the billionaire class.

What are these “monumental improvements?” In her previous book she often refers to “good agreements.” I compared one of her “good agreements” with a collective agreement between the brewery union to which I belonged and the employer. I concluded that the brewery collective agreement was probably slightly better–but that it hardly expressed a “good agreement.”

The reference to the billionaire class sounds very “class-like”–but there are also millionaires who are capitalists, and of course there are many workers in the public sector, many of whose bosses are not capitalists at all in the strict sense.

Although it is certainly necessary to personalize the employer class rather than always referring to such generalities as the “capitalist class,” the “employer class” and the like, the problem is not just billionaires but the economic, social and political structures that constitute the mechanisms by which workers are maintained as employees (and as unemployed and underemployed for a section of the working class). To reduce the problem to the “1%” may be legitimate as a short-hand for those structures, it may also hide the need to challenge these macro structures at every opportunity. By idealizing collective bargaining and collective agreements, on the one hand, and by reducing the power of the class of employers to “the 1%,” on the other, Ms. McAlevey simply ignores the problem of the relationship between social structure and social agency.

How are we going to solve that problem and control our lives by ignoring such a problem? How are we going to do when we read such rhetoric as:

It is precisely because unions can produce these kinds of gains, even in their emaciated state, that they have been the targets of sustained attacks from the corporate class. Unions’ track record of redistributing power—and therefore wealth—and changing how workplaces are governed is what led to a war waged against them by the business class. In just twelve years in the private sector, from 1935 to 1947, with massive strikes at the core of their strategy, workers made huge breakthroughs that benefited most people and created the concept of the American Dream—that your kids will do better than you, along with home ownership for workers and a right to retire and play with those grandkids.

“huge breakthroughs?” Ms. McAlevey is prone to exaggeration–as are many social democrats. Improvements there were, and such improvements as a rising standard of living in various domains are to be welcomed through struggling against the employer class, but this reference to the “American Dream” was hardly generalized, and one of the reasons why this Dream has increasingly vanished for the working class is the exaggeration of the gains achieved through collective bargaining, collective agreements and the union movement. Workers were still used as things for the benefit of employers-something which Ms. McAlevey never addresses (see  The Money Circuit of Capital).

Ms. McAlevey’s standard for improvement is rather low. Workers deserve much better–they deserve to control their own life process, and no collective agreement can ever do that.

Ms. McAlvey exaggerates often:

The methods organizers use to achieve these kinds of all-out strikes require the discipline and focus of devoting almost all of their time and effort reaching out to the workers who don’t initially agree, or even may think they are opposed to the strike, if not the entire idea of the union. This commitment to consensus building is exactly what’s needed to save democracy. To win big, we have to follow the methods of spending very little time engaging with people who already agree, and devote most of our time to the harder work of helping people who do not agree come to understand who is really to blame for the pain in their lives. Pulling off a big, successful strike means talking to everyone, working through hard conversations, over and over, until everyone agrees. All-out strikes then produce something else desperately needed today: clarity about the two sides of any issue. Big strikes are political education, bigly. [My emphasis] 

Strikes can indeed contribute to political education, but since there is evidence that Ms. McAlevey’s political education is drastically incomplete (ignoring the issue of the relationship between social structure and social agency and how to bridge the gap indicates a drastic lack of political education–as does the idealization of collective bargaining), “big strikes” do not necessarily generate certain kinds of political education.

As for saving democracy–political democracy has more or less existed (although even that is debatable), but the dictatorship which characterizes most workplaces–even unionized and radical ones–forms part and parcel of political democracy (see, for example, my post Employers as Dictators, Part One on economic dictatorship).

Ms. McAlevey refers to “working through hard conversations,” but when I tried to engage in such a conversation about the reference to “decent work” and “fair contracts,” with what I believed were the radical left in Toronto, I was insulted and ridiculed. I decided that such “hard conversations” had to occur without such insults and ridicule. I also decided to start this blog because, when I submitted an article for possible publication to the Canadian journal Critical Education, three anonymous reviewers rejected the article as it was and recommended extensive revisions. Since I did not consider their criticisms to be valid, I sought an alternative venue for expressing my views–hence this blog. (I will be posting their criticisms as well as my critical analysis of their criticisms in future posts.)

Ms. McAlevey often refers to winning “big”–while ignoring the impossibility of really winning control over our lives unless we address the macro issue. It is a definite limitation of her approach:

Chapter 1 discusses three such examples of women winning big.

The first chapter’s title is “Workers Can Still Win Big.” Ms. McAlevey refers to the strike of Local 2850 of Unite Here against Marriott Hotels in 2018. I tried to find the collective agreement but was unable to do so (if someone finds it, please send a commentary with the link). I looked at the UNITE HERE Local 2850 website, the American site for private-sector collective agreements, the following site Collective Bargaining Agreements File: Online Listings of Private and Public Sector Agreements – OLMS (Office of Labor-Management Standards), Department of Labor, United States) and the UNITE HERE Local 2850 Facebook page https://www.facebook.com/UniteHere2850/.

On the Facebook page, one reference to the strike provides some idea of what was won:

Today members of UNITE HERE Local 2850 at the Oakland Marriott City Center ratified an agreement with Marriott and will end our strike as of tomorrow. We thank our allies who supported us in our fight for jobs that are enough to live on in Oakland.

The collective agreement, then, in this judgement, permits the workers represented by the Local sufficient wages to be able to live in Oakland.

She does refer to the persistent sexual harassment to which many hotel workers have been subject and the measures that have been taken to address the issue–as indeed the Local should. The Local, through such representatives as Irma Perez, has expanded its work to include organizing to push for (and pass) legislation that addresses sexual harassment at work.

In a footnote, Ms. McAlevey writes:

Irma Perez, author interview. Irma is what’s called a shop steward in her hotel, so she’s deeply familiar with her own contract and the standards in her area. She states, “We have to clean 15 rooms a day at my job. But at hotels that are not unionized, workers have to clean 28 rooms a day, or sometimes even 30.” From my time working in Las Vegas, the same union versus nonunion standard applied to number of rooms cleaned per day, fifteen in a unionized hotel versus upward of thirty in a nonunion casino.

Cleaning 15 rooms rather than 28 or 30 rooms is certainly a large improvement in working conditions for those who clean hotel rooms. I remember my mother, a small woman (4′ 9″ or around 145 cm) working at a hotel in Calgary, Alberta, Canada, at a hotel. She found it difficult. She finally quit when her supervisor (a Yugoslavian woman) slapped her in the face. A reduction in the intensity of labour by almost 100 percent indeed is significant.

However, let us not exaggerate such a change. The hotel workers still must do what management wants in general–there is no dignity in that–nor equity.

The strike, implicitly, was about better pay in order to eliminate the need to have two jobs to make ends meet:

has the kind of energy that can motivate everyone on the picket line for days on end, dancing as she’s [Irma Perez] chanting to remind the workers and their supporters that they are fighting for a better life, for the freedom from having to work two full-time jobs. Every picket sign has the strike slogan and the worker’s demand, ONE JOB SHOULD BE ENOUGH!

The standard of having only one job that pays sufficiently well to make ends meet is certainly a standard worthy to fight for. However, this does not meet that it is an adequate standard to justify writing such things as the following:

In addition to the wins I’ve already listed, the three unions in the case studies here have secured the right to affordable, high-quality health care; equitable pay [my emphasis]; pay policies that eliminate gender and racial disparities, and favoritism; the right to keep control over your own schedule; improvements in safety on the job, for the workers as well as the patients, students, or guests; effective tools to combat sexual harassment; advances in paid time off, whether to have and get to love a baby, to take vacation, or get sick and avoid getting everyone else sick by going to work. Part of what makes unions and collective bargaining so effective is that workers themselves pull up to the negotiation table to decide how to redistribute the profits they make for others and design rules that actually solve their immediate problems. No other mechanisms engage the ingenuity of workers themselves.

Ms. McAlevey now engages in social-democratic ideology–“equitable pay,” “fair contracts,” “decent work” and the like are catch phrases used by the social democratic left to hide the continued dictatorship of employers over the lives of workers–whether unionized or not.

I probably received higher pay in the unionized jobs that I worked than the UNITE HERE Local 2850 workers, but to claim that what I received was “equitable” in any way simply ignores the issue of how it is equitable. On what basis does Ms. McAlevey justify her claim of equitable pay? She simply ignores the issue.

Furthermore, her reference to “redistribute the profits they make for others” assumes that it is legitimate for employers to use workers to produce a profit in the first place; fighting for complete control over the workplace (and the massive class struggle that that would entail) is simply ignored.

Of course, Sam Gindin and other social-democratic activists consider such explicit aims as “taking control of the economy” (at the grassroots level) as unrealistic under existing conditions. They believe in some magical future where the issue of the power of employers as a class will be addressed–they will always push such an issue to the waited-for future.

How any aim is to be achieved except by using it in the present to organize our present activities is a mystery to me–for that is what a real aim is and not a pseudo-aim. (Among children, the inductive approach of realizing an aim less explicitly may be more appropriate, and adults may even formulate more explicit aims of what they are trying to achieve after engaging in practice for a certain time–but then again, they may never do so). This does not mean that the aim has to be clear from the outset–far from it since aims are often clarified as they are put into effect. Nevertheless, an explicit aim of eliminating the power of employers as a class is certainly a legitimate aim to be put on the agenda of the working class and discussing it in the present–rather than putting it off to the distant future that social democrats are accustomed to doing.

I will continue a critical review of Ms. McAlevey’s book in another post.

The Radical Left Needs to Call into Question Existing Social Institutions at Every Opportunity, Part Four

Before I obtained a so-called permanent teaching position (I will explain in a much later post why I use the word “so-called”), I worked for a number of years as a substitute teacher (with short periods of term teaching positions). I became an executive member of the Winnipeg Teachers’ Association (WTA) (in the province of Manitoba, Canada), representing substitute teachers.

I used this situation as an opportunity to criticize the limitations of the educational experience.

Of course, representatives should not limit themselves to such criticism but rather perform their representative function in order to enhance the democratic nature of the union or association to which they belong. To that end, I referred to issues and clauses in the collective agreement that were relevant to substitute teachers as well as to the Substitute Teachers’ Committee.

I and others on the Substitute Teachers’ Committee created a survey for substitute teachers and used the results of such a survey to criticize the policy of the WTA of permitting only permanent teachers the right to apply for permanent positions (substitute teachers paid association dues and consisted of usually 700-900 paying members of around 4000 members, but they did not have the right to apply for permanent positions).

 

For October 2007 newsletter

In the last letter to the editor, it was pointed out that education unites the end (as an ideal) with the means, and the means with the end (as actual result). The question that needs to be posed is what the implications for such a view of the nature of education are. Human beings are, by nature, more concerned with the ends as final result than with the means required to reach the end. This assertion has its basis in the biological nature of humans as living beings. Unlike inanimate beings, all living beings, as living beings, require to maintain their existence through action on the environment. Their own nature is to seek to maintain themselves as living beings through such action. The end of their action is the maintenance of life, and in that sense human nature, as a part of the living process, is no different.

If human beings naturally focus more on ends than means, then the education process must shift children’s focus to the means required to achieve ends as well as providing conditions for children to learn how to coordinate the ends and means in conjugate relation with each other. The education process should begin with the ends of children, but should end with the children being capable of coordinating ends and means in an increasingly broader and more profound manner. The question that must be asked

In elementary schools, does the learning process begin with the ends of children and gradually shift focus to the means necessary to achieve specific ends? Is the curriculum designed to achieve the harmony between, on the one hand, the nature of children as beings who focus mainly on the ends of activities and the requirements of the subject matter, which are primarily means?

In secondary schools, with a greater focus on specialized studies, have the curriculum designers consciously incorporated into the structure of the curriculum provisions for enabling children, for a time, to consider consciously and willingly the study of specialized studies as ends in themselves? Do children, subsequently, learn to coordinate the learning of the specialized studies (which are refined forms of the experiences of human beings and constitute more generalized means for the achievement of diverse ends) with their own ends?

Can teachers, who are responsible for pedagogical execution, engage in education effectively if the curriculum structure prevents a shift from ends to means and then to their coordination? In other words, are pedagogical methods (such as differentiated instruction) sufficiently powerful to compensate for a curriculum structure that fails to address the necessary connection between means and ends?

Fred Harris, substitute teacher

The following appeared in the Winnipeg Teachers’ Association newsletter to explain how the survey of the substitute teachers was constructed:

Draft Results of Survey Held at General Meeting of Substitute Teachers, October 11 General Meeting and Survey

On October 11 a general meeting of substitute teachers was held to elect representatives to the Council. At the time of elections, there were 33 eligible voters, including myself.

At the meeting, the substitute teachers present were asked to fill out a survey proposed by the Substitute Teachers Committee and approved by the executive; 91 percent of those who could vote did fill out the survey—an excellent response rate.

Structure of the Survey

The survey was divided into four sections, with the fourth section asking whether the substitute teacher is retired or not. I therefore will present the general results in two ways: percentages in terms of those substitute teachers who are not retired for the first three sections and percentages in terms of those who are retired for the final section. I will begin with substitute teachers who are not retired.

First Section of Survey: How Long Substitutes Have Been Substituting

The first section refers to the period of time for substitute teaching. Forty-six percent of substitute teachers are short-term (0-3 years); 19 percent are mid-term (4-9 years); and 35 percent are long-term substitute teachers (10+ years).

This last statistic should give us pause for thought. Substitute teaching may have become a career for one-third of substitute teachers.

It may be said that these statistics are skewed. They undoubtedly are. To overcome such bias, it would be necessary to have a list of all substitute teachers in the WTA, either to survey them all or to survey substitute teachers on a random basis.

Second Section: Priorities of Substitute Teachers and Possible Problems

The second section of the survey looks at possible areas of concern to substitute teachers, and each has a rating of 1 for least important and 10 for most important. In this report, I will focus only on what the substitute teachers considered to be the three most important concerns, with the distribution as follows:

The number one concern of substitute teachers is the lack of a right to apply for posted positions, followed by salary and benefits.

Given that the lack of a right to apply for posted positions is the number one concern of substitute teachers, and given that the policy of the WTA is to uphold the Division’s policy of prohibiting substitute teachers and term teachers from being considered for permanent hire on the grounds that permitting substitute teachers access to job postings would decrease mobility among permanent contract teachers, then there is a potential conflict between the interests of substitute teachers and permanent contract teachers within the WTA. Some may say that such a view that recognizes a possible conflict of interest between two different sets of members is divisive. However, as the philosopher of education, John Dewey, pointed out, it is necessary to make explicit conflicts if we are to solve them. Human beings in this society are commodities, things to be bought and sold. There is competition among workers in such a situation. To the extent that there are a limited number of permanent contract positions relative to the supply of teachers, then there will be competition, and that competition may lead to conflict among workers, unless there is a mechanism that regulates and reduces that competition in some fashion.

If substitute teachers want to have access to job postings, and the WTA policy is to exclude them from such access, is there not a conflict? If there is a conflict, what is to be done about it?

Third Section: Economic Importance of Substitute Teaching for Substitutes

The third and last section refers to the extent to which substitute teaching is economically important to the substitute teachers. Fifty percent of them rely primarily on substitute teaching within the Division for their economic livelihood. Sixty-five percent of the substitute teachers primarily rely on substitute teaching, term teaching or a combination of the two within the WSD. In other words, about two-thirds mainly rely economically on employment with WSD.

Fourth Section: Retired Teachers as Substitute Teachers

For retired teachers, there is no pattern for sections one and three, perhaps due to the very small sample size. For section two, their top priority is benefits, followed by the lack of a right to apply for positions (with the qualification that 50 percent of the retired substitute teachers indicated their solidarity with non-retired substitute teachers and not for themselves).

In addition, I drafted the substitute teachers’ concerns to the Council (a monthly meeting of school representatives and the executive of the WTA):

Draft Report of Fred Harris, Chair, Substitute Teachers’ Committee, to Council, October 16 [2007]

On October 11, last Thursday, a general meeting of substitute teachers was held to elect representatives to this Council. At the time of elections, there were 33 eligible voters, including myself. Dave provided an overview of how Council works before the elections. Two people were elected to Council, Linda Kirkwood and Fred Standil. After the elections, Dave addressed some of the possible concerns that I had raised, and Henry followed by some of my other concerns. The question period that followed was very lively, especially around the issue of why the Division has implemented a policy of forcing substitute teachers to provide a reason why they are refusing jobs and stopping the computer system from calling them after three or four refusals.

At the meeting, the substitute teachers present were asked to fill out a survey proposed by the Substitute Teachers Committee and approved by the executive; 91 percent of those who could vote did fill out the survey.

I will divide my report of the survey in two: firstly, I will provide an overview of the results of the survey using descriptive statistics, not inferential statistics. Inferential statistics might be useful, but the sample size may be too small. Secondly, I will comment on the number of substitute teachers who attended.

The survey was divided into four sections, with the fourth section asking whether the substitute teacher is retired or not. I therefore will present the general results in two ways: those substitute teachers who are not retired and those who are retired. I will begin with substitute teachers who are not retired.

The first section refers to the period of time for substitute teaching. The percentage of non-retired substitute teachers who have substituted without a permanent contract for 0 to 3 years is 43 percent, for 4-6 years, 17 percent, for 7-9 years, 3 percent, for 10-12 years, 17 percent and 13 years or more, 17 percent. We can streamline this a bit by providing three categories: 43 percent of substitute teachers are short-term (0-3 years); 20 percent are mid-term (4-9 years); and 34 percent are long-term substitute teachers (10+ years).

This last statistic should give us pause for thought. Substitute teaching may have become a career for one-third of substitute teachers.

It may be said that these statistics are skewed. They undoubtedly are. To overcome such bias, it would be necessary to have a list of all substitute teachers in the WTA, either to survey them all or to survey substitute teachers on a random basis, with a smaller sample size than the total number of substitute teachers but with a larger sample size than the 30 responses that we obtained.

The second section of the survey looks at possible areas of concern to substitute teachers, and each has a rating of 1 for least important and 10 for most important. In this report, I will focus only on what the substitute teachers considered to be the most important concerns in five cases, with the distribution as follows:

The number one concern of substitute teachers is the lack of a right to apply for posted positions, followed by salary and benefits, and two further priorities: firstly, cancellation of a position when arriving at school and, secondly, the extent to which there is a lack of information, clarity or support concerning disciplinary procedures within schools for disruptive student behaviour.

Given that the lack of a right to apply for posted positions is the number one concern of substitute teachers, and given that the policy of the WTA is to uphold the Division’s policy of prohibiting substitute teachers and term teachers from being considered for permanent hire on the grounds that permitting substitute teachers access to job postings would decrease mobility among permanent contract teachers, then there is a potential conflict between the interests of substitute teachers and permanent contract teachers within the WTA. Some may say that such a view that recognizes a possible conflict of interest between two different sets of members is divisive. However, as the philosopher of education, John Dewey, pointed out, it is necessary to make explicit conflicts if we are to solve them. Human beings in this society are commodities, things to be bought and sold. There is competition among workers in such a situation. To the extent that there are a limited number of permanent contract positions relative to the supply of teachers, then there will be competition, and that competition may lead to conflict among workers, unless there is a mechanism that regulates and reduces that competition in some fashion.

If substitute teachers want to have access to job postings, and the WTA policy is to exclude them from such access, is there not a conflict? If there is a conflict, what is to be done about it?

The third and last section, which refers to the extent to which substitute teaching is economically important to the substitute teachers, presented a few problems. My intent was to have the substitute teachers check off one, and only one, choice. Six of the replies contain more than one check mark. Rather than excluding them, I have attempted to categorize them into only one of the categories, according to my interpretation of the intent of their answer.

Sixty-five percent of the substitute teachers primarily rely on substitute teaching, term teaching or a combination of the two within the WSD. In other words, about two-thirds mainly rely economically on employment with WSD. Furthermore, fifty percent of them rely primarily on substitute teaching for their economic livelihood.

For retired teachers, there is no pattern for sections one and three, perhaps due to the very small sample size. For section two, their top priority is benefits, followed by the lack of a right to apply for positions (with the qualification that 50 percent of the retired substitute teachers indicated their solidarity with non-retired substitute teachers and not for themselves) and, finally, the extent to which there is a lack of information, clarity or support concerning disciplinary procedures within schools for disruptive student behaviour

Turning now to the number of substitute teachers who attended the meeting, as I said, there were 33 eligible voters, but this number is about five percent of the substitute teachers on the substitute list in the Division.

One undoubted factor in limiting the number of substitute teachers who attended was a lack of a list of substitute teachers. Last year, however, at about this time, about 80 substitute teachers attended the general meeting. A drop of about 100 percent in the attendance of substitute teachers cannot be explained by a lack of a list of substitute teachers since there was no list available to the Substitute Teachers’ Committee last year either. Furthermore, in other organizations—such as unions—where there exists a current list of all members, attendance at union meetings frequently is only 10 percent of the number of members.

It may be said that the substitute teachers—or other union members—freely chose to not attend. They individually chose to not attend. Ultimately, it is an individual decision, for it is not an abstraction called an organization or society that decides, but a group of individuals.

I use the word “ultimately,” however. It is individuals who decide, but their decision ought to be made on the basis of an informed understanding of their situation.

My hypothesis of why many substitute teachers would not attend even if they knew about the gen4eral meeting is that they see little point in it: it does not, from their point of view, contribute to their control over their own lives. They lack hope in changing their lives.

Let me explain by way of illustration. I am writing my doctoral dissertation on a comparison of John Dewey’s philosophy of education and Paulo Freire’s philosophy of education. Freire was a Brazilian educator of adults, and he wrote, among works, Pedagogy of the Oppressed and A Pedagogy of Hope. In those works, he noted how adults would blame themselves for their poverty, including the literal starvation to death of their children, rather than the extreme concentration of the ownership of land, machinery, buildings and so forth among around two percent of the population.

Freire too argues that, ultimately, it is individuals who decide, but decisions that exclude a consideration of the social and economic context within which the individuals live are not free decisions. The educational task, for Freire, is to have people understand their own social situation so that they can make informed decisions. In other words, education is to develop their own capacities to be self-determining human beings.

Relating this now to a lack of turnout among substitute teachers, it is a defeatist attitude to use the lack of participation by adults in an organization as an excuse to do nothing about such a lack of participation. The reality is indeed that there is a lack of participation by substitute teachers in this organization. But present reality has two sides to it: the actualization of the potentialities of the past, and the potentialities of the present which may actualized in the future. To restrict reality to merely the actualization of past potentialities limits what human beings can do and limits the educational task. To expand reality to include the potentialities of the present opens up what Freire called the untested feasibility, or a pedagogy of hope.

If the reality which we experience does not accord with what we would like, then we need to look at the potentialities of that reality to see whether we can change reality by actualizing other potentialities and by eliminating those aspects of reality which cause us problems.

I suspect—and it is only an hypothesis—but an hypothesis based on my conversations with a number of substitute teachers and others over the years—that one of the main—though by no means the only—reasons why substitute teachers and others do not participate is their lack of hope for any real change to occur as a result of their participation. They see no point in it. They have lost hope of gaining control over their own lives.

To change that situation, as a start, I would strongly urge all Council representatives here present to ensure that substitute teachers have access, on a monthly basis, to the WTA newsletter as far as possible, whether via mailbox, posting on the bulletin board in the staff lounge or by some other method. It is my understanding that an extra copy of the newsletter is provided to each Council representative, so what I am requesting is feasible. Admittedly, this is a small step, but any change requires initial steps. The newsletter could become a more important means by which to enlist the participation of substitute teachers—and indeed permanent contract teachers—in this Association.

Apparently, there was some controversy whether the above report was going to be censored or not (I did not remember this when I searched for my work as the chair of the Substitute Teachers’ Committee of the WTA):

There may be several aspects of the article to which the Public Relations Committee and this executive find objectionable. I will try to address what I think might raise concerns.

I will justify the article in my own way and not on conventional grounds. I would like to hear others’ grounds for objecting to the article.

At the general meeting of substitute teachers, on October 11, what I heard gave me the distinct impression that the WTA supports the WSD policy of excluding substitute teachers from the right to apply for the blue sheets because such exclusion enables permanent contract teachers to have greater mobility within the Division. If that impression is mistaken, then of course my references to such support need to be deleted, starting with “Given…” and ending with “about it.”

If, however, it is the position that the WTA supports the WSD policy, then I will defend my inclusion of the two paragraphs stated above. Before going on, then, it is necessary to ask whether my impression that the WTA supports the WSD policy of limiting those who can apply for the blue sheets to permanent contract teachers is valid. Is it?

Firstly, the issue is one of the importance of conflict. According to Dewey’s philosophy of education, indirectly found in his book (Experience and Nature),1 the life process is, by its very nature, conflictive.

Conflict involves the rhythm of being in balance with the world and falling out of balance (a rhythm which forms a basis for music and various forms of art, incidentally: Art as Experience. The great works of art include various contrasting and clashing elements that are organized to form a harmony or unified structure]. The life process involves dependence on something external to the live being but something which it requires or needs. The live being satisfies its needs, and is in harmony with its environment. But satisfaction is always only temporary because either the living being uses up what it needs or the environmental conditions change. There is then conflict between the living being and its environment.

In the case of human beings, what is unique is that they, unlike non-human animals, can share experiences, or engage in a unified action towards a common end. To share such experiences, they must be able to express their views, which may indeed and indeed probably does involve conflicting views since different individuals have different experiences in life.

Variation of views, and hence conflicting views, should not only be permitted but is necessary if progress is to occur.

This conflict, in the case of humans, enables them to grow or to learn through the incorporation of conflicting elements in a larger whole. Education, then, is a process of learning how to deal with conflicting situations and how to create a wider situation that incorporates the conflicting elements in that larger whole.

If we hide conflicts, we will not be able to grow nor educate ourselves, both as living beings and as human beings.

The form in which the growth or education of human beings best occurs is through the democratic form. That form is a means by which human beings can develop and grow.

This view borrows from the Darwinian theory of evolution, about which Dewey wrote extensively.

Or perhaps reference to the idea that human beings are commodities, things to be bought or sold is inappropriate. Empirically, it can be shown that human beings are indeed commodities in many countries, including Canada. I had my daughter take a picture of the following on a sign just a block from the Museum of Manitoba: “Need Workers? We will deliver them.” Admittedly, this is an extreme example of treating human beings as commodities, but it is only an extreme of a common-day occurrence in our lives: the purchase of human beings on the market for workers.

In Canada, that market began to form around 1826, when the British government ended land grants, obliging Irish immigrants in what was then Upper Canada to sell their skills (or lack of skills) to others to construct the canals. (I have a book in my office, I believe, that refers to that fact). In the United States, a market for workers began to form rapidly near the end of the nineteenth century and the beginning of the twentieth century when the push toward the West ended with no more free land.

The case of Guatemala is instructive in this regard. Before 1954, the democratically elected government of Jacobo Arbenz distributed the unused land of the United Fruit Company to about 500,000 Guatemalan families. The CIA helped overthrow his government and install a military dictatorship. The best land was returned to the wealthy landowners, and the Guatemalan peasants had to eek out a living on small land plots in the unfertile lands of the mountainous regions. Having insufficient land to maintain their families, they had to migrate to the coastal plantations of the wealthy landowners to produce bananas, coffee, beef and other export commodities. In the 1970s, however, the Guatemalan peasants, who were largely Aboriginals, began to organize against the wealthy landowners. They objected to being treated as commodities and wanted sufficient land to maintain their families. The Guatemalan military, with the help of the American government, responded by systematically terrorizing and killing tens of thousands of Guatemalans and creating more than a million internal and external refugees.

This situation is interesting since it indicates that when human beings do object to being treated as commodities, the government will often be used to ensure that the market for workers will be maintained.

Once that market is created, of course, as it is in Canada, then the economic dependence of workers on the employers will generally suffice to maintain that relation without resort to physical violence.

It may be objected, however, that even if there is a market for workers, human beings freely enter into contractual relations with employers. However, at the end of the Second World War, about half the working population still were not employees. Many owned farms or had their own business. Today only 10 to 20 percent of those who work are not employees. Did anyone freely choose to become employees? Or did it just work out that way in the development of the economy?

Now, as I indicated in an article that was published by this Association, employees are extensions of the will of the employer—they are means to the ends defined by the employers. You may not agree with that proposition, but why not then respond to it in the newsletter by providing an alternative hypothesis?

Coming now to the issue of substitute teachers, Joan once said that she was tired of hearing that substitute teachers are badly treated or something to that effect. She indicated that we are all members of the same organization. That is true. As members of the same organization, we should be treated in the same way. However, that does not mean that substitute teachers should necessarily all have the same rights as permanent contract teachers. A basic principle of political philosophy is that all should be treated the same unless there are differential conditions for treating some differently from others. And there are differential conditions, at least in the case of substitute teachers who are relatively new. Would it be fair, for instance, that permanent contract teachers, who by definition generally expect to work for the same employer for years, be reduced to the same rights as a beginning substitute teacher? Attachment to a particular employer for an increasing length of time forms the basis for privileging permanent teachers over substitute teachers, just as the principle of seniority does in unions.

However, as substitute teachers are engaged in employment with the same employer for an increasing length of time, the grounds for differential treatment become less and less valid.

Of course, the reported statistics do indicate that there is a substantial percentage of substitute teachers who have been employed by the Division for a number of years. Their exclusion from any consideration of whether they can apply for positions is less valid than the exclusion of shorter term substitute teachers. Of course, the exact cut off line is not easy to define, but the issue is first of all whether all substitute teachers should be banned from applying for positions. Perhaps there are counterarguments which justify such exclusion, and I would like to hear such arguments.

A further consideration is the issue of formal democracy versus living democracy, or democracy through formal rules, policies and procedures and democracy as a way of life. Dewey provided two criteria for distinguishing between formal and living democracy in his masterpiece Democracy and Education: “How numerous and varied are the interests which are consciously shared? How full and free is the interplay with other forms of association?” The first criterion indicates that there should be many interests which tie the lives of individuals together and not just one. It also means that there are varied interests which, despite being varied, are integrated into the organization. It is difficult to see how consciously shared interests can occur if apparently conflicting interests cannot even be recognized. The basic condition for the harmony of conflicting interests to arise is recognition that a problem in fact exists. Indeed, Dewey, in his masterful Logic: The Theory of Inquiry, argues exactly that: that recognition that a problem exists is the first step in resolving the problem.

Without such recognition, no adequate solutions can arise. It is also hard to see how the second criterion can be fulfilled if we restrict the identification and solution to problems to standing committees, the executive and even to the Council. These are organizational bodies that are formal means to the end of living democracy, which is the active participation of all members, as far as possible, in this organization. Indeed, Dewey’s Logic: The Theory of Inquiry, implicitly contains a criticism of formal democracy by criticizing formal logic, which assumes that logical rules, procedures and policies emerge independently of the process of inquiry. Similarly, he criticizes formal democracy, which merely emphasizes procedural rules without recognizing that such rules are means to an end and not ends in themselves. Furthermore, such rules are rules of a process and not independent of that process. They emerge as regulative conditions of the process so that the process can function smoothly. Such rules and the organizational forms that emerge to enforce them do not have—or should not have—any substantive independence. They are functions of a process and not substitutes for it.

1 It is an excellent but difficult book.

Defense of Arrested Picketers is Vital–But Not the Idealization of Collective Bargaining, Collective Agreements and Strikes

On January 20, 2020, Jerry Dias, president of a large private-sector union in Canada, and others–were arrested in Regina, Saskatchewan, Canada. Despite my criticism of Mr. Dias on this blog, in this instance he and others deserve support–as do the workers who are on the picket line in that city.

I am copying the details below from the Rank-and-File website–but I also have a criticism of how Rank-and-File used the situation to support an ideology of fairness if there were anti-scab legislation to prevent the situation from arising in the first place:

In a move that shocked trade unionists across the country, the Regina Police Service arrested Unifor National President Jerry Dias and thirteen other Unifor members at Gate 7 of Regina’s Co-op Refinery Complex on Monday, January 20, 2020.  About 730 refinery workers, members of Local 594, have been locked out for the past 49 days for trying to save their current Defined Benefit pension plan.

Earlier that day, Dias announced Unifor would blockade the refinery gates, challenging a court injunction which ruled workers could only delay vehicles entering and leaving the refinery by 10 minutes. The union argues this injunction interferes with workers’ constitutional right to picket.

“Let’s just say in 2019 – and so far 2020 – we’ve had enough injunctions that we could probably wallpaper a concert hall,” Dias tells RankandFile.ca. “The simple reality is that Unifor is very different than other unions. The fines, the police, the court decisions are not going to prevent us from winning justice for our members. It isn’t any more complicated than that.”

The night prior to the Unifor arrests, around 500 Unifor members from across Canada flew in to help bolster the picket lines. Because of this, Dias asserted that Unifor – not Local 594 – was blockading the refinery, and therefore not breaking the injunction leveled against Local 594.

However, the Co-op Refinery disagreed, calling the blockade “illegal” and a “bullying tactic.”

The Regina Leader-Post also reported that trucking companies lobbied the government and police to intervene the morning of the crackdown:

“C.S. Day Transport president Heather Day sent a letter Monday morning to RPS Chief Evan Bray, as well as Premier Scott Moe, Labour Minister Don Morgan, Corrections and Policing Minister Christine Tell, Mayor Michael Fougere and Regina city councillors.”

“RPS is failing to enforce the court order and other laws and bylaws by ‘not choosing sides.’ Does the presence of a labour dispute mean that laws no longer need to be followed or enforced?” she asked.”

Regina Police Chief Evan Bray stated this letter did not influence his decision to intervene.

Following Dias’ arrest around 5 PM, the Regina Police Service continued a protracted attempt to break Unifor’s blockade, bringing in several tow trucks – two belonging to the City of Regina – and a front-end loader to remove vehicles Unifor had parked as part of their blockade. Bray says about 50 police officers were deployed.

Unifor members responded by climbing in and on top of the union’s vehicles to prevent them from being towed, letting air out of the tires, or removing tires altogether. At one point, an RPS officer took control of one of Unifor’s U-Haul trucks and attempted to drive it away, hitting a worker who was then arrested by other officers. RPS also threatened to use tear gas, but the union was able to talk to the police and deescalate. The police withdrew around 11 PM and the blockade remained intact. The workers arrested throughout the night were charged with mischief.

“We don’t see the police getting involved very aggressively very often anymore,” says Charles Smith, co-author of Unions in Court: Organized Labour and the Charter of Rights and Freedoms. “It was much more common in the post-war period in the 50s and 60s. We don’t see it as much anymore – which is why it’s in some ways so shocking.”

Instead of jail time, courts often level major fines against unions for breaking laws or injunctions. For example, Prime Minister Trudeau legislated the Canadian Union of Postal Worker’s back to work in 2018. This broke the union’s rotating strikes under threat of $1,000 – $50,000 fines a day for individual workers and $100,000 a day for the union if found in contravention of the act. These fines are significant enough to deter union leadership from breaking the law, even if it weakens the union’s position at the bargaining table.

Unifor 594 has been fined $100,000 for breaking the injunction.

“You know, if you want to win these battles, sometimes you’re going to have to pay a bit of fines,” Unifor 594 President Kevin Bittman explains to RankandFile.ca. “Because really, if you’re going to just stand out here and walk back and forth, you’re probably not going to win it against somebody that’s willing to spend a billion dollars just to try and break you.”

Smith argues Co-op’s injunction escalated tensions on the line because it took away the workers’ key bargaining chip – putting economic pressure on the employer by withholding their labour.

“There’s no way we can call it an equal struggle,” he states. “Now imagine if we had anti-scab legislation, which meant the employer couldn’t use replacement workers. Then it becomes much more of a fair fight, but of course we’re not willing to have that sort of negotiation in Saskatchewan, because the government isn’t interested in evening the playing field.” [my emphasis] 

“Because we have this situation where employers can weaken lines through these legal instruments,  why would we be surprised that tensions ramp up like this?” Smith continues. “It easily could have not happened, we easily could have avoided this had there been some sort of semblance of fairness by the employer or the state.”

SOLIDARITY RALLY HIGHLIGHTS NEED FOR WORKING CLASS UNITY

Unifor 594 President Kevin Bittman speaks at Wednesday’s solidarity rally.

Following Monday’s arrests, labour unions across the country condemned the police intervention and called for Co-op to return to the bargaining table.

Notably, Canadian Labour Congress President Hassan Yussuff flew in for a solidarity rally on January 22, alongside CUPE National President Mark Hancock, OPSEU President Warren “Smokey” Thomas and Seafarers’ International Union President James Given. Canadian Federation of Nurses’ Unions President Linda Silas and Saskatchewan Federation of Labour President Lori Johb were also present.

Representing Unifor was Local 594 President Kevin Bittman and National Secretary Treasurer Lana Payne. Dias was barred from the picket line, a condition of his release. Payne told the crowd Dias faces a two year prison sentence if he returned to the refinery.

“You cannot allow an employer, whether it’s a government, or private business to be allowed to destroy workers hopes and dreams to build a better life,” Yussuff tells RankandFile.ca. “I’m here to show solidarity with these workers – regardless of course of anything else – and to make sure they know the entire labour movement is with them to ensure they can get a fair settlement to resolve this dispute.” [my emphasis] 

In 2018, Unifor disaffiliated from the CLC following an attempted raid of the Amalgamated Transit Union Local 113. Unifor and the CLC disagreed over the interpretation of Article 4 of the CLC constitution. According to Larry Savage, Article 4 “governs the disputes between affiliates and provides a pathway for workers to switch unions.”

The disaffiliation created tension between Unifor and the broader labour movement, impacting organizing & resource distribution all the way down to the labour councils. Given this history, Yussuff’s presence at the Unifor picket line is significant.

“I think this should remind us all we’re stronger together. When we’re together, we’re a stronger movement, because we need each other,” he continues. “Without that, of course, any employer or government could take advantage of us. This again demonstrates why we need solidarity and to build together to build the entire labour movement in this country.”

CUPE National President Mark Hancock not only showed up to Wednesday’s rally, but actively intervened in de-escalating Monday night’s police crackdown. The police had brought two City of Regina tow trucks and a front-end loader operated by CUPE members. Hancock let his members know they had the right refuse unsafe work, which they did, leaving Gate 7.

“We all have our differences,” Hancock tells RankandFile.ca. “Every union is different…they all bring different things to the Canadian Labour Congress…and sometimes, you know, we have our disagreements, we have our fights – and that’s okay. But when it comes to workers, being treated the way that these workers are, the attack on their pensions, the labour movement needs to be united. Whether it’s Unifor, whether it’s OPSEU, whether it’s CUPE, we all need to support each other – and that’s why CUPE is here.”

President of the Seafarer’s International Union James Given said SIU would donate $10,000 to Unifor, and challenged all other unions present to do the same.

“If they wanted a fight, if they’re looking for a fight, they’ve got themselves a fight” Given said about Co-op at the rally, “…11.5 million union members are now focused on Regina.”

Shobna Radons, President of the Regina and District Labour Council, believes it is important to remember this dispute is about real people.

“One of the things that’s just amazing to me is coming out and spending time with folks on the line and talking with real people,” she tells RankandFile.ca. “Everyone knows there’s been a disaffiliation of Unifor and that affects us even at the municipal level and the labour councils. It’s pretty powerful having [Yussuff] here supporting workers, the fact that we can put our differences aside and fight the fight.”

Bittman is thankful for the support, and emphasizes the outcome of this pension fight with the Co-op impacts workers across the country, not just his members.

“It just keeps building and building, every day there’s more people on the lines, there’s more unions coming out to support, everybody knows what’s at stake here,” he says. ”This is just old fashioned union busting and we’re not going to let it happen. If you can let a company that’s making 2.5 billion dollars over 3 years take away pensions, it’s really okay for companies to take anybody’s pension away. This is a stand that we’ve got to put down and say it’s not okay.“

The call for solidarity is indeed welcome. Anti-scab legislation, furthermore, is certainly preferable to a lack of such legislation. However, alongside this call in the article for such legislation, it is argued that anti-scab legislation can somehow magically transform the struggle between the working class and the class of employers into “an equal struggle,” that anti-scab legislation can miraculously transform such struggles into a “much more fair fight,” thereby “evening the playing field,” leading to a “fair settlement?”

Is there evidence that any collective agreement expresses “a fair settlement?” Is there evidence that anti-scab legislation leads to a much more level playing field between employers and workers?

Anti-scab legislation does exist in two other provinces–Quebec and British Columbia (see “A Federal Anti-Scab Law for Canada? The Debate over Bill C-257,” Larry Savage and Joseph Butovsky, 2009, in Just Labour: A Canadian Journal of Work and Society , Volume 13 , Spring 2009). Such legislation does not prevent the economic power of employers from taking precedence; therefore, such legislation does not by any means tip the relation between unionized members and their employers in such a way that they are equals (page 20):

Unions are not interested in negotiating an employer out of business. For that reason, economic conditions rather than the presence of anti-scab laws, continue to dictate the tone and content of negotiated agreement.2 … anti-scab laws may provide modest improvement in settlements…

Furthermore, as shown on this blog, collective agreements in Quebec and British Columbia express, implicitly and often explicitly, the power of management (a minority) to dictate to workers (a majority) in a particular firm or state organization (see Management Rights, Part One: Private Sector Collective Agreement, British Columbia,  Management Rights, Part Six: Public Sector Collective Agreement, British Columbia  and Management Rights, Part Seven: Public Sector Collective Agreement, Quebec).

The social-democratic left, it can be seen, must idealize legislation and  the collective-bargaining regime because, if they did not, they would then have to openly recognize that the working class can never possess equal power to the power of employers as long as the economic power of employers as a class is not challenged as such (and not just the particular powers of particular employers).

(I will critique Canadian Labour Congress President Hassan Yussuff’s views in another post when I review Jane McAlevey’s book A Collective Bargain: Unions, Organizing, and the Fight for Democracy.) 

What has been the response of some leftists here in Toronto? If the response by the Steering Committee of the Socialist Project is any indication, then there is obviously condemnation of the arrests, but the Steering Committee then makes a vague criticism of the rule of law:

While the employer crows on about how wonderful the “rule of law” is – a trumped-up law that prevents workers from protecting their futures and jobs – Unifor Secretary-Treasurer Lana Payne commented, “[t]his will not be settled in the courts. This will not be settled by police. We’re holding the line. I don’t know how much more clear I can be.”

The Socialist Project stands in support and solidarity with the members of Unifor 594 and the union’s national leadership in this struggle. We support the union’s demands for an end to the prosecution of workers exercising their right to picket, removal of the trumped-up charges and injunctions, stopping the use of scabs and demand that Co-op return to the bargaining table and withdraw their efforts to change workers’ pensions. •

Reference to the “rule of law” in quotation marks, I assume, uses the quotation marks as “scare quotes.” But what is the Steering Commitee’s position on the rule of law? Silence. (See, by contrast, the posts Socialism, Police and the Government or State, Part One). What is the Steering Commitee’s position on the idea that collective bargaining is a fair process and that the collective agreement is a fair contract? That unionized workers have a “decent job” because of the existence of a collective agreement? What is the Steering Committee’s position on the implicit or explicit management rights clause that exists in collective agreements?

Such is the left in Toronto these days. Is there any wonder that there is a rightward drift of workers when the left simply ignores such issues?

 

The British Labour Party’s 2019 Manifesto: More Social Democracy and More Social Reformism, Part Two

The following is the second of a two-part series of posts, providing a critical assessment of some of the views expressed in the 2019 British Labour Party’s Manifesto, It’s Time For Real Change.

The section on public services is typical of the social-reformist or social-democratic left: what is needed is mainly a quantitative expansion of existing conditions rather than a qualitative change in such conditions. For example, in education it is proposed (page 38):

We will reverse cuts to Sure Start and create a new service, Sure Start Plus,
with enough centres to provide a genuinely universal service, available
in all communities, focused on the under-2s.

Labour will radically reform early years provision, with a two-term vision
to make high-quality early years education available for every child.

This is the dream of all social democrats–provision of equal opportunity (especially in education), so that all can compete on an even-level ground. Of course, such competition will lead to inequality, but such inequality, it is implied, is healthy and justified.

Nowhere does the Manifesto address the question of whether the education system itself is adequate to the task of providing quality education on a different basis than the typical academic curriculum. Indeed, in a typical reformist fashion, it proposes to merely add on to the existing curriculum arts and other programs to supplement the existing curriculum (page 39):

The narrowing curriculum is denying many children access to modern languages, arts and music, or technical and engineering skills that will be essential in a world
shaped by climate change.

The proposed educational system might then look like what the Chicago Teachers’ Union proposed–an inadequate model for the educational needs of students (see my publication “A Deweyan Review of The Chicago Teachers’ Union’s Publication The Schools Chicago Students Deserve, found on the Publications and Writings link on this blog).

On the issue of social justice, the Manifesto is vague and contradictory. It states (page 64):

For Labour, the true measure of fairness is not social mobility but social justice.

Implicit in the notion of social mobility is the idea that poverty and inequality
are acceptable provided some people can climb the social ladder.

Social justice, on the other hand, demands that we end poverty, reduce inequality and create a society in which the conditions for a fulfilling life are available to everyone.

It is claimed that it is possible to end poverty. What is meant by poverty remains unclear. It probably is measured by level of income, with those below a certain level of income being in a state of poverty and those above it not being in a state of poverty. Hence, if everyone had a certain level of income that was above a defined poverty line, then poverty could be eliminated–according to social democrats.

I criticized the adequacy of such a view before (see ???     ), so I refer the reader to that post.

The issue of inequality, in all likelihood, also refers to level of income rather than the source of that income. The same problem arises with such a definition of inequality as the definition of poverty.

In addition to the problems with such a definition of poverty (and inequality) as pointed out in a previous post, the following demonstrates the limitations of the Manifesto (pages 60-61):

We will give working people a voice at the Cabinet table by establishing
a Ministry for Employment Rights.

We will start to roll out sectoral collective bargaining across the economy, bringing workers and employers together to agree legal minimum standards on a wide range of issues, such as pay and working hours, that every employer in the sector must follow. Sectoral collective bargaining will increase wages and reduce inequality. This will also stop good employers being undercut by bad employers.

This distinction between “good employers” and “bad employers” is a typical social-democratic tactic of avoiding to address the power of employers as a class. I have addressed this issue, briefly, in another post (see The Contradictions of Unions: Reformist and Radical Assessments), so I will not belabor the point here.

The Manifesto’s social-democratic message also becomes clearer when it refers to the police. On page 42, we read:

The primary duty of government is to keep people safe. Our communities were
endangered when the Conservatives took 21,000 police officers off our streets.

If the primary duty of government is indeed to keep people safe, the Canadian federal government should commit suicide–in 2010, there were about 550 murders and 1000 workers who died at work (in addition to over 600,000 injuries).

On page 43, we read:

A Labour government will invest in policing to prevent crime and make
our communities safer, and we will enforce the laws protecting police
and other emergency workers from violent assault.

We will rebuild the whole police workforce, recruiting more police officers, police community support officers and police staff. We will re-establish neighbourhood policing and recruit 2,000 more frontline officers than have been planned for by the Conservatives. We will work with police forces to invest in a modern workforce to tackle the rise in violent crime and cybercrime under the Tories.

There is little recognition that police themselves are sources of oppression and violence in the context of a society characterized by the dominance of a class of employers (see my post Socialism, Police and the Government or State, Part One) for an elaboration of this point.

It is unnecessary to further analyze the Manifesto. The purpose of the Manifesto, evidently, was designed to gain votes by jumping on the bandwagon of climate change, anti-neoliberalism (not anti-capitalism) and the fear of personal crime and the idealization of the police.

Such are some of the limitations of the social-democratic left not only in the United Kingdom but in Canada, the United States and elsewhere.

What is needed–and what has been needed for a long time–is a political party whose aim is to free workers from the power of the class of employers. What is needed is a class party that addresses directly the power of the class of employers as a whole by challenging its power in its various forms, whether at work, in schools, in hospitals, at home, in the malls and in government.

What is not needed is just more of the same–the skirting of the power of employers as a class, the domination of that power in the associated economic, social and political structures, and the creation of solutions that never question the basic power of employers to dictate to workers what to do, how to do what they do, how much to produce and whether what they do is satisfactory or not.