Worker Resistance Against Management, Part Four

This is a continuation of a series of posts on worker resistance. The following was written by Herman Rosenfeld. Since it formed part of a course that he, Jordan House and I presented for workers at the Toronto Pearson International Airport, I am including the preliminary instructions and the subsequent questions so that others can modify and make use of it in similar courses.

Activity Sheet 3: Learning from Collective Resistance Experiences

This is a small group activity.
Read the story and answer the questions below together.
Be prepared to describe the collective struggle to the whole class, and report your answers.
You have 25 minutes to complete this exercise. [This exercise, initially, was combined with other experiences of resistance against management, so we permitted them 25 minutes.]

Overtime Action in the Ontario Legislature

In the early 2000s, members of a public-sector union in Ontario–policy advisors, analysts and other public-service workers–were fighting their employer, the Government of Ontario, for a first overtime provision in their collective agreement. Up until that time, members of the union could be forced to work unlimited hours. The Employment Standards Act does not apply to most civil servants.

As bargaining got started, it became clear the employer did not want to bargain the overtime provision. The union had made it a priority, in part because it was known that many members worked several uncompensated hours on a weekly basis.

The union is organized into chapters along ministry lines. The chapter at the Ministry of Labour was typically the most radical in the union and included people who well understood the challenges facing the union movement in the province. Conscious of the fact that the overtime provision was going to be tough to win, the chapter hatched a plan, with the quiet endorsement of the union’s head office.

When the legislature is in session, policy advisors are expected to complete their House notes by 8:30 a.m. These are documents that government ministers read from when asked questions in the House by opposition members. House notes often take up to one hour to complete. The chapter identified House note “production” as a pressure point that could be used in bargaining. Not having house notes when needed, if done as a collective act, would send a strong message to the employer. That first week the House was in session, the chapter made sure that every House note that was to be delivered to the Minister arrived an hour late. The Minister found herself in the House with no papers to read from when called upon to answer questions. It was an embarrassing performance, indeed!

The message was sent. The following week the employer began to bargain the overtime provision, which was eventually won a few months later and incorporated into a new collective agreement. The Labour Chapter understood how to keep up the pressure in the context of bargaining. The tactic with House notes forced the employer to bargain a provision that the entire membership now benefits from.

Questions

  1. How might this example show that worlplace cultures and practices, favourable to the boss, can be changed?
  2. What were some of the things that the union chapter in the Ministry of Labour would have had to do, in order to build the confidence and resolve necessary to carry out such a collective action? 
  3. What lessons can be learned from this example that applies to your workplace? 

Critical Education Articles Placed in the Teacher Staff Lounge While I Was a Teacher, Part One

This is the first of a long series of posts of summaries of articles, mainly on education. 

When I was a French teacher at Ashern Central School, in Ashern, Manitoba, Canada, I started to place critiques, mainly (although not entirely) of the current school system. At first, I merely printed off the articles, but then I started to provide a summary of the article along with the article. I placed the summaries along with the articles in a binder (and, eventually, binders), and I placed the binder in the staff lounge.

As chair of the Equity and Justice Committee for Lakeshore Teachers’ Association of the Manitoba Teachers’ Society (MTS), I also sent the articles and summary to the Ning of the MTS (a ning is “an online platform for people and organizations to create custom social networks”).

As I pointed out in a previous post, it is necessary for the radical left to use every opportunity to question the legitimacy of existing institutions: 

The author of the following article “Intelligence, Knowledge, and the Hand/Brain Divide,” (Mike Rose) argues that, despite some advances in curriculum in the past century, the academic/vocational divide in the curriculum—and among students—still prevails in the modern school system. This problem is wider than the school system, however. It expresses the bias towards defining intelligence as equivalent to academic excellence rather than a way of acting that occurs in daily life and which is expressed in blue-collar and service work, such as waitressing.

The author shows how vocational education in schools, originally, had to become isolated if it were to survive and not be dominated by those who defined good schools exclusively in terms of academic subjects. However, this isolation led to streaming of children of working-class parents, parents of colour and immigrant parents into vocational education and the implicit (and often explicit) treatment of such children as unintelligent and, at the same time, the implicit (and often explicit) treatment of students in the academic stream as exclusively intelligent.

This treatment of students who enter the vocational stream as unintelligent has often been incorporated into vocational programs as cognitive requirements have been diluted. Similarly, students in the vocational stream, although they often express contempt for the academic stream, themselves internalize the academic definition of intelligence and consider themselves to be unintelligent.

The author notes that, at least in the United States, the Carl D. Perkins Vocational Education and Applied Technology Act of 1990, coupled with the complementary School-to-Work Opportunities Act of 1994, proposed the integration of academic and vocational subjects. The author notes how one school linked a course on chemistry with a course on graphic arts, and others have effectively linked vocational and academic courses in terms of an occupational theme—the latter reminiscent of Dewey’s use of occupational themes to integrate the curriculum in the Dewey School (or the University Laboratory School as it was officially named).

However, the author also points out that, in general, these two Acts have really only resulted in the external addition of a few academic requirements rather than any real efforts at integration and parity of the academic and the vocational.

The modern school system, therefore, is still class-based and racist more often than not—hardly conducive to a democratic social order.

Should those concerned with equity and social justice issues be concerned about this situation?

Fred

 

 

Management Rights, Part Eight: Private Sector Collective Agreement, Quebec

Here is another clause from a collective agreement concerning management rights, this time from the private sector–and in a province in Canada where French is predominant officially. Undoubtedly for the social-democratic left, it expresses a situation where there is decent work–a cliché among the left, who refuse to investigate its meaning in a democratic fashion. 

It should be pointed out that the power of employers (via the power of managers) is independent of language–their power is expressed in many languages, just as their use of workers for their own ends is expressed in many languages. Differences in languages (and differences in nations), therefore, should not be something for workers which divides them since they face the same enemy in various languages and across many borders–the class of employers as dictators.

Should we not be discussing this issue thoroughly? Why are we not doing so? Why is there hostility to such discussion? 

 

From

COLLECTIVE AGREEMENT
2013 – 2017
FOR THE RESIDENTIAL SECTOR
OF THE CONSTRUCTION INDUSTRY
Between the APCHQ and
the Centrale des syndicats démocratiques
(CSD-Construction), the Confédération des syndicats nationaux (CSN-Construction),
the Conseil provincial du Québec
des métiers de la construction (International),
the Fédération des travailleurs
et travailleuses du Québec
(FTQ-Construction)
and the Syndicat Québécois
de la construction (SQC)

page 7:

2.03 Management Right The signatory representative associations recognize an employer’s right to exercise its supervisory, administration and management duties in a manner that is compatible with the provisions of this collective agreement.

 

The Contradictions of Unions: Reformist and Radical Assessments

Steven Tufts, in an article first published on Wednesday, September 11, 2019, on The Star website, and republished on the Socialist Project website on September 25 (Pension Plans Should Not Invest in Companies That Harm Working People), tries to show that, despite unions consciously disassociating themselves from investments that harm workers, their own pension fund managers may pursue policies that contradict such conscious disassociation.

(As an aside, Professor Tufts is a representative of the Toronto Airport Workers’ Council (TAWC).

He writes:

For example, Caesar’s Entertainment partnered with Oxford Properties, the real-estate investment arm of the Ontario Municipal Employees Retirement System (OMERS). Community groups lead by No Casino Toronto did successfully mobilize against these proposals, which divided council at the time. Members of CUPE Local 79 also deputed against the proposals as front-line city workers would have had to deal with the negative social and economic impacts of gambling.

At the same time, fund managers at OMERS, the pension fund of Local 79 members, deputed on the economic virtues of casino development. Here we see the contradictions of pension fund investments that negatively impact the very workers making contributions.

However, Professor Tufts does not question how unions can escape this situation. Pension funds generally have to invest money in some capitalist companies, and those companies are expected to obtain a profit. If this is the case, then there is a typical social-reformist strategy of opposing particular kinds of investments or particular kinds of employers while implicitly accepting the need for capitalist investments in general or the need for a set of employers.

In other words, does not any investment “harm workers?” Professor Tuft remains silent on how workers can escape this contradiction. Of course, there are degrees of harm of workers by employers, with some employers definitely treating workers worse than other employers. However, do not all employers harm workers by necessarily treating them as things to be used to obtain more money (private sector) or by excluding them from the right to determine the purpose of their work (public sector)? (See The Money Circuit of Capital).

Professor Tuft further states:

All workers deserve pensions, but pension funds for some built on tax cuts and privatization schemes are neither just nor sustainable over the long term. Unions continue to shield themselves against efforts to politicize pension investments, but this has a cost.

This criticism aims at the neoliberal model of “tax cuts and privatization schemes.” What if the pension schemes did not rely on such tax cuts and privatization schemes? What happens if they relied on merely–exploiting other workers in a non-neoliberal way (as they did before the emergence of neoliberalism)? Would that eliminate the contradiction between workers’ interests as workers and their interests as future retirees? I fail to see how it would.

Indeed, Professor Tuft states:

It is time for union leaders to confront pension plans that seek to transform our cities in ways that harm working people.

Surely, all pension plans, whether private or public, are riveted with the basic contradiction of being funded by workers while being used to exploit and oppress other workers. This contradiction cannot be abolished without abolishing the situation where a class of employers exploits and oppresses a class of workers called employees.

If this basic contradiction is acknowledged, then variations in levels of harm to working people can then be assessed. However, as it stands, Professor Tufts’ article implies that there can be “pension plans that seek to transform our cities in ways that” do not harm working people. Such a view is typical of reformist policies that fail to address the harm necessarily caused to workers because of the existence of a class of employers and the accompanying economic and political structure.

By not acknowledging the general harm that all employers pose for working people, Professor Tuft does not acknowledge the need to create organizations that oppose the class power of employers as such.

Obviously, some employers are better than others. However, the social-democratic left never get around to criticizing employers as such. They remind me of movies and television programs. Often, particular police officers or particular companies are presented as bad–but not the police function as such or employers as such.

Despite Professor Tuft’s evident desire to go beyond the limitations of union principles, he evidently operates within them implicitly since he assumes that workers’ pension plans can somehow magically overcome the contradiction of exploiting and oppressing workers by not following the neoliberal model–as if the capitalist relations of exploitation and oppression did not exist before the emergence of neoliberalism.

Should we not go beyond the limits of neoliberalism and challenge the economic and political power of the class of employers?

A Case of Silent Indoctrination, Part Seven: The New Brunswick History Curriculum and Its Lack of History of Employers and Employees

This post is a continuation of previous posts on the Canadian history curriculum. The background to the post is provided in the first post (see A Case of Silent Indoctrination, Part One: The Manitoba History Curricula and Its Lack of History of Employers and Employees).

But just a reminder: the research question is: Does the history curriculum (or, if not available, the social-studies curriculum) provide much of an opportunity for students to understand how and why employers (and employees arose)?

Since the pdf curriculum document is not searchable, I have read through the document with an eye for key words: employ, work, class, capital (and their derivates).

On page 3, under the title Inclusion of Social History, there is a reference to the theme of the working class.

On page 9, it states the following: “Role playing of characters from any era in Canadian history, including those who displayed an entrepreneurial spirit and initiative in our past, can allow the student to become aware of the legacy that is to be followed in the future.”

Page 29 perhaps provides a brief opportunity for exploring the origin of employers and employees–although it is unlikely since the focus is different: “Students should examine the motives of the following groups for western expansion: … The Hudson’s Bay Company.”

On page 35, it is mentioned how technology changed rural and urban life–without any mention of who owned and controlled the technology and who had the power to introduce it into the workplace and why.

Page 36 refers to the changing role of women since they started working in manufacturing and its impact on the family, but there is no mention of why women would work for an employer in the first place.

On page 37, the second unit begins, with the title 1896-1920: Canada’s Century Begins, with the first section entitled Immigration and Imperialism. Since the concept of imperialism is connected to capitalism and the power of the class of employers, perhaps this section will bear some fruit about why employers and employees exist. Unfortunately, on the same page it is claimed that modern society is pluralistic–not a very promising view since pluralism considers there to be no dominant classes.

On the following page, it states:  “Although industrialization allowed business and industrial growth, poverty for the lower classes and segregation of the social and ethnic classes eventually led to labour unrest.” There is hence some promise of explaining the origin and nature of the employer and employee relation, but it is hedged about by the terms “poverty” and “segregation of the social and ethnic classes.” There is no explanation of the meaning of those terms. It is unlikely that a teacher would interpret the term “poverty” as “having to work for an employer;” rather, s/he is likely to interpret the term in terms of level of income exclusively. And it is implied that if “poverty” and “segregation of the social and ethnic classes” had not occurred, there would be no labour unrest.

This limitation then probably spills over into one of the suggested activities: “Summarize, in order of importance, the changes in Canadian society due to industrialization and urbanization,. [Note the lack of reference to the dual change of the emergence of a class of employers who owned the conditions for producing our lives and the emergence of another class of employees who lacked ownership of those conditions and who consequently had to work for the class of employers.] What were the major tensions and social divisions caused by this? [The implication was that it was not the emergence of a class of employers and a class of employees which resulted in “major tensions and social divisions,” but the “neutral” process of industrialization and urbanization. Who however made the decisions to industrialize in the first place? And did not the rural population move into urban areas in search of “jobs” when they lacked the means of producing their own lives?]

On page 39, reference to imperialism is to British imperialism, and no connection is drawn between imperialism and the drive of employers to accumulate capital, which spills over national borders in one way or another. In other words, the term imperialism lacks any reference to its foundation in the class of employers and the class of employees.

On page 64, despite one of the expected outcomes being an understanding of the causes and consequences of the Great Crash of 1929 and the subsequent economic depression, there is no mention of the irrational nature of the economic system called capitalism, with a class of employers dominating a class of employees, and with a drive to obtain more and more profit as the ultimate goal, as being a cause on the corresponding pages 45-46.

In general, then, the New Brunswick history curriculum provides the student and teacher with little opportunity for understanding how and why employers and employees emerged in the first place and why students will, in all likelihood, be working for an employer (unless, of course, they aim to transform the economy into an economy controlled by workers and communities).

The document is another expression of silent indoctrination by what it omits. It is an ideological document and does students a disservice by not enabling them to understand what they experience and why they experience what they experience.

 

The Silences of the Social-Democratic Left

I had two recent conversations with social democrats on two different (though undoubtedly related topics).

The first conversation is a representative of Canadian Union of Public Employees (CUPE) Local 4400 (education workers). The Local’s website indicates the following:

Toronto Education Workers/Local 4400 is made up of approximately 12,000 Education Workers who primarily work within the Toronto District School Board; Childcare Workers from various Childcare Centres and Caretakers from Viamonde French Board.

Representing over 400 Job Classifications, and over 1,000 Worksites.

They were set to go out on strike in the context of major budget cuts for school funding due to retrenchment by the Conservative provincial Ontario government of Doug Ford.

Duane Kennedy, Unit D Steward Co-Ordinator for Local 4400, made the following comment on a Facebook page:

Duane Kennedy Too bad they couldn’t get it right , we will strike not for new bargining dates it will be for a fair contract

I am unsure what he was referring to in relation to “new bargaining dates.” It may be to the title of a video and an accompanying textual explanation that is related to a video link on the Facebook page:

CUPE says strike next week if no dates scheduled

The union that represents school support staff says they will walk off the job next week if the province doesn’t agree to more talks

I asked the following:

Fred Harris What is a fair contract? Collective agreements limit the power of employers to dictate to workers, but they do not eliminate the power of management to dictate to workers what to do.

I guess it is fair for employers to treat workers as things?

The response was–silence. Why is that? Was my question out of line? Was it inappropriate? Did it express, as CUPE Local 3902 executive director Wayne Dealy indicated when I brought up the issue of whether working in a capitalist brewery constituted “decent work,” , the rantings of a “condescending prick?”

Or is it perhaps that union reps use the phrase “fair contract” without facing up to the fact that management has the power to dictate to workers in various ways whether there is a collective agreement or not?

Let us consider a couple of collective agreements between CUPE Local 4400 and the Toronto District School Board.

COLLECTIVE
AGREEMENT
Between
Toronto District School Board
And
Local 4400,
Canadian Union of
Public Employees
UNIT C
September 1, 2014 – August 31, 2019

Page 66 of this collective agreement has the following clause:

ARTICLE D – MANAGEMENT RIGHTS
D.1 The Union recognizes that it is the right of the Employer to exercise the
generally recognized regular and customary functions of management and
to direct its working forces. The Employer agrees not to exercise these
functions in a manner inconsistent with the provisions of the Collective
Agreement.

As I have indicated in other posts, the management rights clause gives management (as representative of the employer) far-ranging powers to direct workers as it sees fit. The collective agreement limits that power but in no way calls that power into question.

Consider another collective agreement for the same local:

COLLECTIVE
AGREEMENT
Between
Toronto District School Board
And
Local 4400,
Canadian Union of
Public Employees
UNIT D
September 1, 2014 – August 31, 2019

Page 66 of this collective agreement has the following clause (identical to the other collective agreement):

ARTICLE D – MANAGEMENT RIGHTS
D.1 The Union recognizes that it is the right of the Employer to exercise the
generally recognized regular and customary functions of management and
to direct its working forces. The Employer agrees not to exercise these
functions in a manner inconsistent with the provisions of the Collective
Agreement.

How are these collective agreements (collective contracts) fair contracts? Why did not the CUPE union rep not respond to my question? My hypothesis is that–he could not. The term is a cliche for union reps, used to justify their activity of limiting their criticism of an employer to–an employer. They do not question the power of employers to direct workers in general but only wish to limit that power.

For a collective agreement to be fair, it would be necessary to show that managerial power to direct work forces as it sees fit (subject to the collective agreement) is fair. Where is there such a justification?

Where is there a fair contract? Can union reps provide examples of such a contract among regular workers? I would like to see such an example so that I know what they are talking about. Would you not like to see some examples so that we have a target that we can aim at?

This idea of a fair contract is, frankly, bullshit. It does not deal with–and cannot deal with–the daily lives of workers in unionized environments. Workers are subject, in various ways, to restrictions on their lives. How is that fair? The power of managers to dictate what to do, when to do it, how to do it and how much to produce (legally although certainly not always factually) leads to various kinds of injustices–up to and including the injury and death of workers.

Another “conversation” I had (really, a monologue–such is democracy these days) was about a 57-year old man, Enrico Miranda, who was killed in a capitalist factory (Fiera Foods) here in Toronto. He had been working for a temporary-worker agency for about ten years, five of which were for the industrial bakery Fiera Foods, located in As Mr. Miranda cleaned a machine, he was crushed by it and died.

A community organization called the Jane and Finch Action Against Poverty (JFAAP), located in the Jane and Finch neighbourhood of Toronto (one of the poorest neighbourhoods in Toronto), organized a rally (along with some union members) to protest the fifth killing of temporary workers at the capitalist factory in the past 20 years. (The factory is located about six kilometers from Jane Street and Finch Avenue, in North York, Toronto, Ontario, Canada.) Seventy percent of its workforce consists of temporary workers. Many are hired through temporary agencies.

In Ontario, when temporary workers are injured on the job and are employed by temporary agencies, the premiums of employers who hire workers from temporary agencies and who pay into workers’ compensation are unaffected since they are not considered to be the employer but rather the temporary agency. It is, in effect, a way of avoiding to pay higher premiums in the case of injuries to workers.

On their Facebook page, JFAAP posted:

Posted @withrepost • @mayworkstoronto Another temp worker death at Fiera Foods. The 5th worker killed while on the factory floor of this company. Up to 70% of this company’s workers are temp workers, twice as likely to be injured on the job as full employees. Fiera has had more than 150 health and safety violations. When Enrico Miranda was killed last week, Fiera Foods did not even stop production. Under Canada’s Criminal Code, Fiera Foods should be held criminally responsible. ‘Kill a worker, go to jail.’ #canlab #fierafoods #onpoli
Funeral fund to support the family: https://www.gofundme.com/f/funeral-help-for-tay @ Fiera Foods

I made the following comment:

Fred Harris “Kill a worker, go to jail”: a fitting slogan, but how is it going to be achieved? It would require much more power than at present among communities and the working class. How, for example, to prevent the whittling down of legislation to make corporations criminally responsible for deaths (see Stephen Bittle’s work on the whittling down of such legislation after the Westray mine deaths).

The response was–silence. It is all very good to make demands that are needed by people, but unless we can find a way of actually realizing such demands, they are mere wishes. The social-democratic left often resort to such wishful thinking rather than facing up to the power required to realize certain demands. That power is–class power, not just “community power” (although the two could go hand in hand).

In another post, JFAAP posted:

No photo description available.

My comment: Fred Harris Fiera certainly should be criticized, but are all these “accidents” due to the use of temporary workers? Could they not be the result of a combination of the use of such temporary workers and the more general fact that workers are things to be used by employers? By the fact that workers are “costs” (with a price) for employers?

Or are the approximately 1,000 deaths at work in Canada mainly due to the use of temporary agencies?

Also, can labour laws ever really protect workers in the context of a society driven by the pursuit of profit?

The response was–silence.

JFAAP’s response reminds me of all those movies and television programs (including Netflix, of course), where there is one or a few “bad cops,” and yet the police in general are treated as good. Fiera Foods certainly is worse as an employer in terms of health and safety than many other employers–but what of all the other employers whose health and safety records are better? Why not criticize them? Why let them off the hook on a daily basis?

This attitude of criticizing a particular employer and not employers as a class (just like the criticism of a particular cop rather than the police as such) can be called “the bad apple syndrome.”

It is much easier to criticize particular employers than it is to criticize employers as a class.

Or are my concerns just the concerns of an “insane” person (as Errol Young, a member of JFAAP, once called me)? Or are my concerns a reflection of the fact that I am a  “condescending prick” (as a representative of CUPE Local 3902, Wayne Dealy, once called me)?

Or is it that both union reps and reps from community organizations refuse to face up to the limited effectiveness of their concepts of justice and fairness? That they refuse to consider the class power of employers and how that situation in general is unfair?

What do you think?

 

What’s Left, Toronto? Part Six

As I indicated in an earlier post, on September 19, 2018, several leftist activists gave a talk about what was to be done in the city of Toronto, Ontario, Canada. The talks were posted on the Socialist Project website on October 7, 2018 (also posted on YouTube) (What’s Left, Toronto? Radical Alternatives for the City Election). As I indicated in my earlier post, over the next few months, I will be analyzing some or all of the talks from a Marxian perspective.

The fifth talk was made by Mercedes Lee, who is a member of the organization No One Is Illegal (Toronto), which is a group of immigrants, refugees and allies who fight for the rights of all immigrants to live with dignity and respect.

The problem right away with this approach is that what is meant by dignity and respect is never elaborated. Does that mean with a standard typical of left-reformists and social democrats–a “decent” job (unionized) and treatment according to human rights codes?

Ms. Lee indicated that the group believes that granting citizenship to a privileged few is part of a racist policy that is designed to exploit and marginalize immigrants.

What does this mean? To be sure, the use of the lack of status as a citizen to exploit more intensely or more extensively certain kinds of workers needs to be resisted. But this seems to imply that, if you have citizenship, then you are not marginalized. There are of course degrees of marginalization, and immigrants and refugees certainly often experience more oppression and exploitation than citizens. However, it is also necessary to see if citizens who are members of the working class are in many ways marginalized in order to consider critically whether being a citizen should be a standard for evaluating whether human beings are treated “with dignity and respect.” As this blog has persistently argued, workers who are obliged, due to their economic circumstances, to work for an employer, do not “live with dignity and respect.”

Ms. Lee does raise her criticism to a higher level by contending that it is necessary to criticize the international economic systems that lead to war and to the creation of a flood of immigrants and refugees in the first place. However, this high level of criticism needs to be brought down to earth in the form of a criticism of such platitudes among union reps and the social-democratic left that refer to “decent work,” “economic justice,” “fairness,” “a fair contract,” and the like. To be radical requires such a move to a more concrete level in order to ensure that the daily lives and experiences of workers as exploited and oppressed are recognized and measures can thus be taken to fight explicitly against them in the locals where they exist–including the country where one lives, such as Canada.

Ms. Lee seems to move in this direction by arguing that it is necessary to recognize indigenous sovereignty rights. But why limit the criticism to this level? Why not the sovereign rights of workers to control their own lives? How can they do that (and how can indigenous peoples do that) unless they control the conditions required for their continued living (such as machines, buildings, raw materials and so forth)? There is no mention of this need for this general form or kind sovereignty here–which is what is required if a radical program is to be developed that does not limit itself to sovereignty in particular forms while failing to criticize the general lack of sovereignty of citizens over their own lives as they produce those lives on a daily basis.

She considers it to be a radical principle for people to move freely, to return freely and to stay in one place freely (presumably, not be deported). This freedom in Canada is apparent–when Trudeau for example engages in photo-ops to welcome refugees, but in reality, for a country of its size and resources, Canada accepts a miniscule amount of immigrants and refugees.

There have been struggles over the issue of immigrant detention, which has involved hunger strikes for sixty days, and this has led to victories. There are now less people detained, and those who are detained are detained for less time. On the other hand, the Trudeau government has, as a result of this organization, allocated $138 million to expand immigration centres (where immigrant detainees are incarcerated). It has also expanded the forms of detention and used so-called more humane forms of detention in order to appear to institute more progressive immigration policies. The Trudeau Liberal government is astute in that it tries to appear to be progressive, and this approach contrasts with the former federal Canadian government under Stephen Harper (Conservative), which simply did not hide its indifference (or indeed its hostility) towards immigrant detainees. Under the Trudeau government, immigrant detainees may not be physically detained, but they are subject to ankle-bracelet monitoring and voice-recognition phone check-ins.

Ms. Mercedes attempts to unite the Trudeau federal government’s more subtle approach to controlling immigrants to the more explicit anti-immigration position of such politicians as Doug Ford (premier of Ontario). She also provides a concrete example of how, in 2004, the Canadian Border and Services Agency arrested and dragged some immigrant students (Kimberly and Gerald) from classroom and placed them in a van, along with their mother, grandmother and Canadian-born babysitter. No One Is Illegal found out about this through some students informing them, and No One Is Illegal, with the support of parents, teachers and students, organized a rally in front of the Immigration Detention Center at Rexdale (a community in Toronto).

The issue became national as the media got wind of what had happened. The students were released, and they and others went to the Toronto District School Board to demand a policy that undocumented students would have access to schools without fear and that immigration enforcement officials would not be allowed to enter the schools.

The Toronto District School Board initially resisted this campaign, arguing persistently that they could not order its staff to break laws. No One Is Illegal explained persistently as well that it was the Board’s job to educate students and not to enforce immigration laws. The Board refused to listen. Kimberly and Gerald organized a rally of around 5,000 along Bloor Street, calling for immigration justice. The Board would still not budge. Parents, teachers, students and other supporters and allies began protesting weekly at the Board office. The Board finally agreed to debate the issue. The room was packed with organizers and supporters, who wore pins with the label “Don’t Ask, Don’t Tell.” The Board voted unanimously to make schools accessible to undocumented students and to refuse access to immigration enforcement officers in schools. Immigration Enforcement, which initially defended its actions, also indicated that it would not enter schools.

In terms of organizing lessons, Ms. Lee argues that it is only mass mobilization and direct action that is effective and that the success of No One Is Illegal has been based on addressing specific incidents and hence specific needs, with some of those directly affected taking a leading role (along with other activists not directly affected, presumably). The success of the actions depended on having an immediate positive impact on community members. Government policy that is not backed up by organizing strength at the community level will always face the real threat of the government backtracking on its policy. Policy ultimately is about solidarity, which ensures that everyone has the right of access to basic services without fear and with dignity.

Ms. Lee argues that it is necessary to build safe zones that permit the right of access to such basic services without fear and with dignity, shutting out immigration enforcement. The work of No One Is Illegal is thus about creating a world where immigrants and migrants are no longer dehumanized.

This presentation, as noted above, has limitations in that the standard of what constitutes human dignity is left unspecified, which the reader can then fill in as s/he sees fit. Leaving such a conception of human dignity unspecified then allows the typical standard of a life characterized by working for an employer to fill in as the standard. This limitation definitely needs to be overcome if No One Is Illegal is to become truly radical.

Compared to all the presentations so far, though, it is indeed the most radical since it, potentially, does call into question capitalist society by calling into question an essential aspect of that society: the capitalist state. The capitalist state requires, among other things, two components in order to protect the monopoly of control over the means of production by a minority called employers: the monopoly by the capitalist state of the means of force in order to protect the monopoly of control over the means of production by a minority called employers, and a way of identifying those individuals who are subject to its power and those who are not.

Passports and other similar kinds of documents have been an administrative way in which to identify those who are legitimately in its borders (and overseas to a certain extent) and those who are not so that it can legitimately demand services from such individuals (such as taxes) and–simultaneously–those who are subject to such power can also demand services from the specific capitalist state. (See John Torpey, The Invention of the Passport: Surveillance, Citizenship and the State; also see the view that the capitalist state is increasingly characterized by administrative law in order to control workers: Mark Neocleous, Administering Civil Society: Towards a Theory of State Power). In Canada, for example, landed immigrants and Canadian citizens have the obligation to pay taxes if they work for an employer (after earning a certain level of income), and they also have the right of access to health care (regardless of the level of their income).

No One Is Illegal, by contravening the nature of the capitalist state as controller of who legitimately has access to services of the Canadian capitalist state, potentially questions one of the linchpins of the power of the Canadian capitalist class.

However, this potentiality needs to be nurtured to the point that it becomes a reality by making an explicit criticism of the standard characteristic of most leftists–decent work, a fair contract, and so forth. If such leftist clichés are left standing, then the potentiality of No One Is Illegal to be radical will be wasted, and it will become just another reformist organization, demanding that all immigrants be treated in the same way as landed immigrants and Canadian citizens. Such a demand is both progressive and regressive since it is certainly better to have immigrants, whether documented or not, to be on the same footing as others within a capitalist state (thereby limiting the ruling class tactic of divide-and-conquer); on the other hand, it is regressive because the inadequate standard of being treated the same as other residents (mainly members of the working class, although there is also definitely a section of small employers) in a capitalist context.

To answer whether No One Is Illegal (Toronto) is more than a social-reformist or social-democratic organization, I sent an email to them twice. I sent them the following:

Hello again, 


It has been two weeks since I contacted you. I have not received a reply. Would you please clarify your position since I am debating whether to join your organization or not. 


Thank you. 


Fred Harris, Ph. D




From: Frederick Harris
Sent: May 19, 2019 10:16 AM
To: No One Is Illegal – Toronto
Subject: Non-exploitation of temporary immigrants
 
Hello,

I have looked at your website and was wondering about two points. It is claimed that No One Is Illegal is anti-capitalist and opposed to the exploitation of temporary workers.

My understanding of anti-capitalism is that it is the opposition to the power of employers as a class since they, by their very nature, exploit workers (in the private sector) and oppress them (in both the public and private sector) by using them as means (things) for purposes foreign to the workers themselves. 

Is No One Is Illegal opposed to the power of all employers as a class? 

The second point–about opposition to the exploitation of temporary workers–implies either that No One Is Illegal against the exploitation of all workers (including temporary workers), or it is opposed exclusively with the disadvantages which temporary workers experience relative to non-temporary workers in Canada (in which case the standard is the worker who is a landed immigrant or Canadian citizen so that temporary workers should be put on a par with such workers). This needs clarification.

Would you please clarify what these two points.

Thank you.

Fred Harris

I did eventually receive a response, to which I replied in Spanish and English since, on the one hand, I knew the person to whom I was replying knew Spanish and, on the other hand, to show that despite my linguistic abilities my services were not considered to be useful for the organization “at this time”:

 

Re: Non-exploitation of temporary immigrants

Frederick Harris

Mon 2019-06-10 4:00 PM

Stuart Schussler

Buenos dias,

Gracias por la respuesta. Me acuerdo de ti. Discutimos, brevemente, de la idea de oponerse al poder de los empleadores como clase cuando trabajabamos en un proyecto con Justin Panos . Me diste la impresion de que no era posible.

Cuando no se integra la oposicion a la clase empleadora en su trabajo cotidiano, es uno en contra del capitalismo en realidad? Lo dudo. Es facil decirlo–pero mucho mas dificil integrar tal punto de vista en su practica cotidiana.

No me soprende de que yo no pueda participar en tal organizacion.

Incluire tu respuesta en mi blog algun dia. Practico la politica de exponer.

Fred

Good day,

Thank you for replying. I remember you. We discussed, briefly, the idea of opposing the power of employers as a class when we worked on a project with Justin Panos. I got the impression that for you this was not possible. You gave me the impression that this was not possible.

When opposition to the class of employers is not integrated into one’s daily work, is one really against capitalism in reality? I doubt it. It is easy to say it–but much more difficult to integrate such a point of view into one’s daily practice.

It does not surprise me that I cannot participate in such an organization.

I will include your answer in my blog one day. I practice the politics of exposure.

Fred

From: Stuart Schussler sschussler@gmail.com

Sent: June 10, 2019 12:21 PM

To: arbeit67@hotmail.com

Subject: Re: Non-exploitation of temporary immigrants

Hi Frederick,

To respond to your questions, yes, we are opposed to the fact that there is a class of people who profit from the work of others, to the exploitation of labour by capital. In practice, opposing capitalism is a more complicated question and we frequently work in coalition with NGOs (for example), which are also employers. Since we’re a migrant justice organization we’re looking for practical ways to oppose the systemic exploitation of temporary workers and non-status workers.

With your second question, we’re opposed to any exploitation of workers but we recognize that temporary workers are especially exploited, so we focus our attention on their issues.

We are not bringing in new members to the group right now, but we appreciate that you’re learning about our work. All the best,

Stuart, on behalf of NOII- Toronto

I will let you draw your own conclusions concerning the issue of the extent to which No One Is Illegal (Toronto) is really anti-capitalist or whether it is just rhetoric–whether it is realizing its potential for being radical through questioning the very foundations of the employer-employee relation or diverting its potentiality by restricting its actions within the confines of the employer-employee relation in general.



The Poverty of Academic Leftism, Part Four: The Myth of Creating Socialist Spaces

Professor Noonan, an academic leftist, argues that the Nemak return to work provides lessons for the left. Indeed, it does–but unfortunately he fails to draw further lessons from the situation.

He says the following:

As regards work, the structural dependence on paid employment is what makes people working class. This structural dependence is what, above all, democratic socialism would overcome. However, it cannot be ended overnight, but until it is ended workers’ short term struggles are always in danger of becoming victims of wars of attrition. The capitalists, with the law typically on their side, can wait workers out or bleed their resources dry (Unifor was facing fines of 25 000 dollars a day and individual officers 1000 dollars per day). Overcoming the dependence requires long term struggle, but dependence means that your ability to survive without the work you are refusing to do is time-sensitive in the extreme.

Given the claim that the capitalists have “the law typically on their side,” should not the conclusion be drawn that the law as such should be criticized? That reference to “fair contracts” and “decent work” which trade union representatives often express, should be criticized? Professor Noonan remains silent about this. Why is that?

Should not union training include, systematically, the bias of law in relation to workers’ interests? Does it? Should that lack of inclusion of a critique of the bias of law be itself criticized?

He further writes:

There are three general sorts of changes. On the one hand, there are concessions which are made in order to return the situation to normal. This sort of concessions appears to be all that Nemak has offered. At the other extreme, there are revolutionary changes which would create completely new social institutions. It is easy to find abstract arguments that contend that no major social contradiction can be resolved without revolutionary changes. It is much more difficult to find concrete arguments that are powerful enough to actually mobilise revolutionary forces. The key problem here is that no one can say with any certainty how a new society would work (beyond general assurances that it would solve everything because it would be the opposite of this society).

Professor Noonan then dismisses both possibilities:

If concessions do not address the problem and a progressive revolution is not in the offing in the foreseeable future, [my emphasis]  hope must be invested in a third possibility: smaller scale structural changes that create space and time for for deeper and wider changes in an unfolding process of transformative social change. How is that to happen if workers cannot survive outside of paid employment (or its social benefit equivalent) for long enough to survive for the long-term? The answer is to struggle for changes to the nature of employment. The Nemak crisis, and the analogous crisis in Oshawa offer opportunities for just these sorts of demands.

The reference to “progressive revolution” is dismissed because it is not possible in the foreseeable future. What does that mean? That substantial changes in class relations will arise in the short-term is undoubtedly unlikely. However, Professor Noonan performs a sleight of hand by shifting the future to some far off horizon. This is the method of social reformers of various persuasions–they shift radical change to the distant future rather than seeing than any radical change will always have to begin in the present. Carl Weathers, in his role as Apollo Creed, told Rocky in the movie Rocky III: “There is no tomorrow.” All progress will always have to begin in the present–but as John Dewey, the educational philosopher and logician pointed out, the present is a moving present.

It may appear that Professor Noonan does indeed include the future in the present by struggling “for changes to the nature of employment.” Let us look at what Professor Noonan has to say on this score.

He says:

GM Workers in Oshawa are being subjected to the same loss of their factory as Nemak workers in Windsor. Like Nemak workers, the GM workers did not meekly accept the GM decision, but instead fought back. They have won a concession (which is nevertheless a victory and another good lesson): the company will consider using a small fraction of the space and workforce to produce parts. But there are other ideas which, while bold, are not impossible within existing institutions. However, if they were realised [my emphasis]  they would point beyond existing institutions towards new models of public ownership and workers’ control incompatible with the logic of capitalism. At the same time, since they are realizable here and now they do not depend upon a “revolutionary break” for which the required social and political forces do not exist.

In response to the Oshawa closing, Sam Gindin urged the CAW leadership to go beyond negotiations to work on the transformation of the plant into a publicly owned and worker-controlled facility for the production of electric vehicles. Markets would be initially guaranteed by government contract. Financing and start up costs would also require government support that is impossible to imagine with a capitalist party in power, but not impossible to imagine with a worker friendly government (an NDP radicalised by the threat of a election drubbing?) Instead of treating capitalism as a fixed and final reality that workers must either accept today or overthrow tomorrow, it works in the spaces created by democratic institutions and norms to find means of inserting an anti-capitalist principle and practice into the heart of the system. It shows that there are real alternatives to survival and creative activity than capitalist labour markets that can be realised right now, creating the time we need to fundamentally transform society by expanding non-capitalist employment spaces. Short term dependence on paid capitalist employment is reduced by people putting themselves to work in a non-capitalist firm. The system is not transformed, but a living alternative is created that serves as a real, not text book example, that another world is possible.

It is certainly necessary to propose ideas that “point beyond existing institutions towards new models of public ownership and workers’ control incompatible with the logic of capitalism.” Are there not, however, conditions for such ideas to be realizable in practice?

In the crisis situation in Oshawa, it may be that workers are more prone to accept solutions that point beyond existing social conditions. However, in a crisis situation, without prior preparation, it may well be that workers will grab at solutions that protect their own immediate interests at the expense of longer-term interests. It may also be that workers’ interests can more easily be divided so that the employer can take advantage of such splits. To counter such possibilities, it is necessary to prepare workers beforehand.

Thus, has their been adequate criticism of the structure of authority at the Oshawa plant? Has there been discussions about democratic control at work? Or have the workers there been constantly indoctrinated with the view that their work is “decent work?” That the collective agreement was a “fair contract?” That they received “fair wages?” That the power of an employer to close a workplace is “fair?” As I argued in another post, was there a critique of collective bargaining beforehand in order to prepare workers for going beyond the collective agreement? Or was there silence over the legitimacy of collective agreements? If so, would that not lead to confusion among many workers? If so, does such confusion not tell against the formulation of any consistent policy towards the large number of workers who will lose their jobs at the GM Oshawa plant?

Another relevant point here is how Professor Noonan speaks of “creating spaces”: the space was not created by the workers but by the employer (the decision to close the Oshawa plant). The workers reacted to this decision. It would have been much more intelligent to criticize the union ideology systematically beforehand rather than feeding into the union ideology of “decent work” and “fair contracts.” Did Mr. Gindin engage in such criticism? Or was he afraid to do so out of fear of alienating union representatives?

Furthermore, Professor Noonan relies on another sleight-of-hand by slipping in the fantasy that the New Democratic Party (NDP) would somehow magically turn into “a worker friendly government (an NDP radicalised by the threat of a election drubbing.” Like Professor Noonan’s logic in relation to the so-called harmonious interests of workers at the University of Windsor where he works and the management of that university, he assumes what he must prove: How the NDP can be converted into a “worker friendly government” under conditions of an economy dominated by a class of employers. The NDP and union representatives may think they are “worker friendly,” but they also share the same beliefs as their center and right-wing counterparts: the legitimacy of the employer-employee relation. The NDP may indeed enable workers to organize more easily and institute certain social reforms that may benefit workers more when compared to other political parties, but that does not make them “worker friendly.” They are more “worker friendly” than the other major political parties, but that is all. This does not magically convert them into a “worker friendly” political party. (Nonetheless, I am seriously thinking of voting for the NDP in the upcoming federal election on October 21, 2019 since their policies–such as a definite 360 hours of working for an employer required in order to be eligible for unemployment insurance as opposed to the current 720 for regular workers and 910 hours for beginning workers–are more specific than the vague guaranteed livable income, for example, proposed by the Green Party. Such vagueness can be transformed into minimal changes in income.)

Finally, it is typical of the academic left (and Sam Gindin falls in that category for, despite not being an academic technically, he shares many of their beliefs) that they avoid “creating spaces” in their own immediate environment. What, for example, did Mr. Gindin do to “create spaces” during his long stint as research director for the Canadian Auto Workers union? Did he try to create spaces that could “point beyond existing institutions towards new models of public ownership and workers’ control incompatible with the logic of capitalism?”

What of Professor Noonan? Does he try to create spaces that could “point beyond existing institutions towards new models of public ownership and workers’ control incompatible with the logic of capitalism” where he works? Might that not threaten his own livelihood?

Middle-class academics who are sympathetic to workers’ situation could provide welcome skills (such as research skills) to workers. However, they often lack the passion and emotions involved in real struggles for power: as Aaron Schutz, in his book Social Class, Social Action,  and Education: The Failure of Progressive Democracy points out:

But then, as Alinsky repeatedly pointed out, middle-class people were
pretty comfortable already. It did not really matter that much to them,
in concrete ways, whether anyone actually listened or not as long as they
had their say—in academic publications, for example. Their children were
unlikely to suffer much as a result. Near the end of his life, however, Alinsky
turned to efforts to organize the middle class, increasingly convinced that
those on the bottom needed allies from the middle if they were ever to generate
enough power to foster the change they needed and that the middle
class would also benefit if they learned to organize.

Middle-class leftists in Toronto and surrounding areas, as far as I can see, not only do not engage in some of the preparatory work necessary to enable workers for struggles that “would point beyond existing institutions towards new models of public ownership and workers’ control incompatible with the logic of capitalism,” but go out of their way to oppose such preparatory work.

Before the announcement by GM of the plant closing in Oshawa, Mr. Gindin met with some workers from the plant. I did not accompany Mr. Gindin to Oshawa , but his preliminary account of a meeting between him (and, I believer, Herman Rosenfeld) and some workers at Oshawa did not go very well; it might have been a problem of logistics or some other problem, but I doubt that there was any real discussion of the limits of the present arrangement of employers controlling the conditions of life (the factory) of the workers in Oshawa (and elsewhere). Mr. Gindin, out of fear of alienating workers, probably did not bring up the systemic issue of the power of the class of employers and how that power plays itself out in various domains.

Furthermore, Professor Noonan fails to justify his assumption that worker cooperatives somehow magically provide “a living alternative is created that serves as a real, not text book example, that another world is possible.” Cooperatives have existed in the past and exist in the present, but to argue that they somehow automatically provide a living example of an alternative is quite debatable. How does Professor Noonan justify his assumption? He does not.

Even if the GM Oshawa plant were nationalized and turned into a worker cooperative, there is no basis for assuming that there would be a magical transformation that would point towards a society within a different logic from the logic of capitalism.

Mondragon, a large set of cooperatives in the Basque region in Spain, may inspire some to seek alternatives–but then again it may not. This requires research. One author certainly questions whether Mondragon provides “a living alternative.” Sharyn Kashmir, in her book The Myth of Mondragon: Cooperatives, Politics, and Working-Class Life in a Basque Town, provides a different assessment of cooperatives. For example, she quotes a worker at Mondragon (page 122):

Begofia was in her late twenties and had been a member of one of the
Fagor co-ops since she was eighteen years old. She had always worked on the
assembly line. Over dinner, she told me that she felt exploited at work, “just
like any worker in any firm . ”

“What about the fact that you share ownership of the firm ?” I asked.
“It means nothing to me” she replied. Begofia also said she felt “apathetic
” about the governance of the cooperative. “I only go to the annual meetings
of the General Assembly because it’s required. Everybody goes because
they have to. If we didn’t have to, we wouldn’t go.” What she resented more
than anything was being told that she was participating in managing the cooperative
and that “it is your firm .”

As Begofia spoke, I began to hear the words “participate,” “cooperate,”
and “your firm” in a new way ; listening to her, they sounded imposing.
Had I gotten the sense that Begofia was alone in her feelings, I would not have
taken her complaints so seriously. However, she continually spoke for her fellow
workers, implying that her experiences of alienation and feeling manipulated
by cooperativist ideology were common . Furthermore, most of those at
dinner had lived their entire lives among cooperators and did not seem surprised
by what she said. To the contrary, they offered anecdotal evidence of instances
of workers’ apathy and frustration that they had heard from friends
and relatives.

This does not mean that there should be no struggle to nationalize the Oshawa plant and to convert it into a worker cooperative. However, such a struggle should explicitly try to link a critique of the power of employers as a class to this particular situation–and to the inadequate solution of nationalization and worker cooperatives in the context of a society dominated by a class of employers.

Worker cooperatives in themselves, as long as they are unconnected to a larger critical movement to supersede the power of a class of employers, will unlikely “point beyond existing institutions towards new models of public ownership and workers’ control incompatible with the logic of capitalism.”

As Minsun Ji points out (‘With or without class: Resolving Marx’s Janus-faced interpretation of worker-owned cooperatives,” Capital & Class, 2019,  page 3):

Among the conditions or factors that might shape the potential of a worker cooperative movement in any given time, the most important for Marx is the manifestation and political mobilization of class consciousness (or the lack thereof ) among cooperative practitioners. In the end, Marx did not so much focus on promoting a certain type of labor organization as being most conducive to transformation (e.g. worker cooperatives or labor unions). Rather, he focused more on the importance of class consciousness within labor organizing, and on the development of radicalized class consciousness among workers, whether through the expansion of labor unions, worker cooperatives, or any other institution of worker empowerment.

In order to become a significant and sustainable challenge to capitalist systems, Marx believed that cooperatives had to grow beyond their small scale and reach capacity to change the mode of production at the national level. To reach this kind of national scale, truly transformational cooperatives would have to become politically natured, and to foster the radical ‘class-consciousness’ of worker members. It is the presence or lack of this focus on developing and mobilizing class consciousness, not the nature of the labor institution itself (i.e. cooperative or union), that Marx believed to most powerfully shape the radical or degenerative tendencies of local forms of labor activism.

Since Mr. Gindin refuses to engage directly with the issue of the power of employers as a class (such as, for example, questioning union rhetoric about “decent jobs,” “fair contracts,” and the like), I predict, as I did before, that the Oshawa plant will not be nationalized and converted into a worker cooperative. Mr. Gindin and company have not done the necessary work to prepare workers to engage in a struggle that seeks to go beyond the class structure.

Even if the Oshawa plant does become worker-owned, it is unlikely to form a space that points “beyond existing institutions towards new models of public ownership and workers’ control incompatible with the logic of capitalism.”

In other words, and contrary to Professor Noonan, for such a strategy to work, it is necessary to start now (and not in some distance future) by querying the class structure. Professor Noonan continually seeks to fly away from the need to question the legitimacy of the class structure from the beginning. Why is that? Perhaps because of his own class situation?

 

 

Working For an Employer is Dangerous for your Health, Part Four

There was an article published in the weekly Star Metro Toronto on September 4, 2019 on a health and safety issue. I will quote the article in full in order to provide the context and details of the incident:

TTC [Toronto Transit Commission] fined more than $330,000 in worker’s death

Dedes suffered major injuries after being crushed between rail car and pickup truck

Ben Spurr (Transportation Reporter)

The TTC has pleaded guilty to one count of violating workplace safety legislation in the 2017 death of track maintenance worker Tom Dedes.

‘At a hearing Tuesday in a small courtroom on the second floor of Old City Hall, prosecutors working on behalf of the Ministry of Labour agreed to drop two other charges laid against the transit agency in /Dedes’ death.

As part of its guilty plea, the TTC agreed to pay a fine of $263,000, which was the amount prosecutors recommended, Including a mandatory 25 percent victim surcharge, the total amount the transit agency will pay is $331, 250.

Each of the charges, which are non-criminal provincial offenses, carried a maximum fine of $500,000 at the time they were laid [emphasis added].

Speaking outside the courtroom, Tom’s brother George Dedes said the TTC plea, which came with a promise to improve worker safety, would give his family some closure after two years of anguish.

“It signals that they are taking steps to address the issues, which is good news,” he said.

“You want some accountability. They’ve done what they had to do. Honestly what else could they do? They can’t bring him back. They can’t change what happened.”

Dedes, an 18-year veteran who was 50 at the time of his death, suffered major injuries in an accident at the TTC’s McCowan Yard in Scarborough at around 2:18 a.m. on October 1, 2017.

According to an agreed-upon statement of facts that was read into the court record, at the time of the accident Dedes and a crew of workers were preparing to head out on a job to replace a section of track on the Scarborough RT.

They were loading equipment from a pickup truck onto a work railcar, but as they were about to leave they discovered a power pack–a hydraulic unit used in track welding–on the flatbed of the car was dead.

They moved the truck closer to the car to try to jump-start the battery pack by attaching it to the truck engine with jumper cables. The cables were too short, however, and they had to lift the pack off the flatbed using a crane.

Once it was successfully boosted, they hoisted the pack back onto the flatbed, and some of the workers got into the pickup truck.

The car operators’ view was obstructed and he couldn’t see the truck. He began advancing the car just as Dedes was walking around the back of the truck to the rear driver’s side door.

Because the rail car was on a curved track, its tail end swung out and struck Dedes, crushing him against the pickup truck. He died in the hospital eight day later.

Last September, nearly a year after his death, the ministry charged the TTC with three offences under the Occupational Health and Safety Act, including violating regulations that require employers to ensure adequate lighting, and to provide markings or barriers to protect workers from vehicles.

Those two charges were withdrawn Tuesday and the TTC pleaded guilty to the third charge: failing to take every reasonable precaution to protect workers–specifically failing to provide a qualified employee to monitor work car movements.

The TTC says Dedes’ death has already prompted it to improve safety at its McCowan Yard and other facilities. Among the steps the agency has taken are upgrading lighting, installing visual markings and a barrier around the railcar track area, and retraining employees.

Contrast this with the Amalgamated Transit Union (ATU) Local 113: (

TTC PLEADS GUILTY TO ONTARIO MINISTRY OF LABOUR OCCUPATIONAL HEALTH AND SAFETY ACT VIOLATION REGARDING THE DEATH OF ATU LOCAL 113 BROTHER TOM DEDES

ATU Local 113 President Carlos Santos today released the following statement to members regarding the TTC pleading guilty to a violation of the Ontario Ministry of Labour Occupational Health and Safety Act that resulted in the death of our Brother Tom Dedes who worked as a track maintenance worker:

“This is a sad day for our union as we continue to grieve for Tom Dedes, an ATU Local 113 member who left us too soon. Today, we offer our deepest condolences and support to Tom Dedes’ family, friends and co-workers.

The TTC today finally admitted guilt for violating the Ontario Ministry of Labour Occupational Health and Safety Act by ‘failing to take every precaution reasonable in the circumstances for the protection of a worker.’

Today’s guilty plea is further evidence the TTC must do more to protect its workers. ATU Local 113 will continue to support our union representatives on the Joint Health and Safety Committee to ensure the TTC is held accountable and exercises due diligence with implementing all recommended changes to create a safer workplace for all.

The TTC’s admission of guilt and the resulting fine is a somewhat hollow victory for Tom Dedes’ family, friends and co-workers who still deal with the tragic events and will continue to deal with the circumstances of his loss for the rest of their lives.

The TTC should have ended this case much sooner. The TTC legal team had possession of all the reports, statements and Ontario Ministry of Labour documents for a long time, but waited until attending court, one month shy of two years since the incident occurred, to admit guilt and settle. As is usual in these cases, the only people who come out ahead are the TTC’s lawyers as the TTC continues to waste taxpayers’ money fighting cases dealing with important health and safety matters.

For the TTC, the case is over when the fine is paid. However, for those left behind who continue to work day after day at the TTC, the situation is far from over.

For almost two years, family, friends, co-workers and investigators have dealt with trauma. Thoughts of that night, reliving the experience throughout the investigation and anticipating reliving the events in an unfamiliar court environment have caused many sleepless nights and stressful days for those involved. Looking at these experiences, our union’s position is that the TTC failed to provide an adequate support system for the employees who witnessed the incident and experienced trauma, which is unacceptable.

The file is closed on the case, but the work is not done. Now, we move forward. We learn from this horrible lesson and do our best to ensure another group of workers does not need to go through this experience.

We remember Tom Dedes and we continue to offer support, kindness and understanding to those still suffering. We look ahead and do our jobs safely. We have the right to work safe and come home safe. Now, more than ever, members need to have an awareness of their work environment and exercise their rights if, at any time, they do not feel safe.

ATU Local 113 will continue to fight for the TTC to provide a safer workplace and proper support for all workers who experience trauma.”

The emphasis of the union is, on the one hand, the emotional aspect of the death and, on the other, the moral irresponsibility of TTC management for ensuring safety and in providing timely closure for family and friends of those who die.

Although the union’s attitude is certainly more humane than the attitude of TTC management, it is debatable whether that is all that can be learned from this situation. To say the following by the ATU union fails to address the issue of the power of management as representative of employers:

We look ahead and do our jobs safely. We have the right to work safe and come home safe. Now, more than ever, members need to have an awareness of their work environment and exercise their rights if, at any time, they do not feel safe.

This fails to take into account the level of fear characteristic of the work environment, whether implicit or explicit. Workers know, even though they rarely explicitly admit it, that they are economically dependent on employers in general and their specific employer in particular. This economic dependence often prevents them from asserting their “rights” out of fear of retaliation by management.

Secondly, the inadequacy of worker rights with regard to safety are not even acknowledged. Yes, workers have the right to refuse to work if they consider the work to be unusually unsafe–but if their work is usually unsafe, they have no right to refuse to work. Thus, when I worked as a teacher, the educational assistants were informed that they could not refuse to work with students who were violent in one way or another because such situations formed part of their normal duties.

Thirdly, the union avoids the issue of the extent to which workers can engage in work that is unsafe no matter how many precautions they take since it is employers and their managerial representatives who generally provide the working context for work and not workers.

Fourthly, the union does not even bring up the issue of the charge(s) not being criminal charges. In the case of deaths caused by individual citizens, charges can have a criminal character. Why are they not here? Why the silence over the issue by the union?

The inadequacy of the union point of view can also be seen in an exchange I recently had the Toronto Airport Workers’ Council (TAWC) Facebook page with someone concerning safety at work. The following exchange occurred:

Jonathan Horchata Delgado Give the crews the proper training and guidance they need in an environment that encourages it. Your accident rates will plummet. You’re only as good as the training you have.

Fred Harris The view that “accidents” are caused mainly by a lack of training is a myth. Employers control many conditions over which workers have no control–and employers in the private sector are out to obtain as much profit as they can. There is hardly any wonder that people are injured or die.

As I wrote on my blog:

I submitted an article for the popular education journal Our Schools/Our Selves concerning the issue of safety (and the lack of critical thinking skills that is embodied in two Ontario curricula on Equity and Social Justice). In that article, I quote:

More than 1000 employees die every year in Canada on the job, and about 630,000 are injured every year (Bob Barnetson, 2010, The Political Economy of Workplace Injury in Canada. Edmonton: Athabasca University Press, p. 2). The same year as the publication of that work saw 554 homicides (Tina Mahonny, 2011, Homicide in Canada, 2010. Ottawa: Statistics Canada, p. 1) —the number of employee deaths at work under the power of employers was around double the number of murders.

Murders are the focus of the social media and the criminal legal system. Inquiries into murders do occur, and some are very thorough. On the other hand, inquiries into the extent to which the pursuit of profit played a major role in the death of employees (or the extent to which the undemocratic nature of work of public-sector employers) are lacking. There is an implicit assumption that such deaths are acceptable and the cost of living in the modern world. Should not those concerned with social justice query such an assumption? Is there much discussion concerning the facts? Or is there silence over such facts? Should those concerned with social justice inquire into the ‘perspectives and values’ of curriculum designers? Should they attempt to “detect bias” in such documents?

Should not the issue of the relation between the pursuit of profit and needless deaths be a focus for public discussion on an ongoing basis if social justice is to be addressed? Where is the public discussion over the issue? Indeed, if critical thinking is to lead to “issues of power and justice in society,” you would expect to see inquiry into the power of employers and the relation of that power to the death, dismemberment and injury of workers. Is there any reference to such an issue in the two curricula documents?

Are not workers in our society bought and sold on a market called the labour market? As long as they are, they are “costs” to employers, and as costs employers tend to try to reduce such costs in order to obtain more profit (in the private sector). One of the ways in which they can reduce costs is by not spending much money on equipment and training that relates to safety. The temptation will always be there as long as employers exist and have control over workers. See (The Money Circuit of Capital) for an explanation.)”

The view, furthermore, that employers can invade our privacy any way they like because other employers do it is absurd; it assumes that what employers do in the first place is somehow legitimate.

 

Jonathan Horchata Delgado Fred Harris i agree that employers shouldn’t be invading privacy, as it breeds a culture of fear and mistrust, and big gap between managers and crews, and I see your point about training, but, well trained staff with good resources, even if the equipment isn’t top tier, shouldn’t be a deciding factor in safety. Companies are always about profits, true. I still believe that if you’re trained and feel you have access to proper resources, and skill is nurtured, your accident rate would still be low. I’m speaking from experience once working for probably the worst company for equipment, and we had nearly zero accidents. Also, in the military, which many good companies utilize or training matrixes, teach the human factor is the main quotient in accidents. Not disagreeing in total with you, but I wouldn’t blanket accidents and training as a myth completely. 

Fred Harris I did not say that it was “entirely” a myth–but to view training as the deciding factor in accidents is a myth.

And the view that “if you’re trained and feel you have access to proper resources, and skill is nurtured, your accident rates would still be low.” It is not about “feeling you have access to proper resources” but actually having such resources–and that is in the hands of employers, in general–employers whose aim is profit.

Furthermore, workers are “costs” for employers, and as costs, the “cost” for probable accidents is factored into determining whether to cut corners, etc.

Of course, some training can reduce accidents–but the idea that it is mainly the fault of workers that “accidents” occur is a myth.

Further evidence of the limitations of the union point of view is the posts on the TAWC Facebook page about “accidents.” The reference is to a worker killed when a luggage vehicle flipped over, pinned and killed at the North Carolina Charlotte-Douglas International Airport:

https://www.fox46charlotte.com/news/airline-employee-killed-after-luggage-vehicle-flips-pins-worker-at-clt-airport

At the above link, it says: One of the construction workers at the airport said: “It’s like a racetrack out there.” The reporter explains: “He was referring to how busy the tarmac is out there, with so much traffic in the area.”  Why would it be like a “racetrack” out on the tarmac? Perhaps because it was more profitable for the various airlines than a less intensive workplace? One of the ways that employers can obtain more profit is by increasing the level of intensity of work.

The union, however, never mentioned this factor as a social cause in the accident. There will be an investigation, but it is highly doubtful that the accident will be linked to the pursuit of profit. Since, however, workers are mere means for obtaining more money (see The Money Circuit of Capital), it is understandable why the tarmack would be like a racetrack.

American Airlines, of course, expressed the following rhetoric:

American Airlines is deeply saddened by the death of one of our team members from Piedmont Airlines late last night. Right now our priority is caring for his family, and for our team in Charlotte.

Let us now listen to the union point of view in relation to safety in general:

TAWC commented on its Facebook page:

Sending love and solidarity from YYZ to the friends, family, and coworkers of the worker that lost his life last night in Charlotte.

Work smart, stay safe, and look out for one another. Airport workers across the globe share the same goal, we all want to go home safely at the end of the day.

On August 14, 2019, the TAWC made a comment about another “accident”–this time a Delta tug operator was killed on the job:

Work Smart!
Work Safe!

Deepest sympathies to yet another fallen airport worker

Solidarity is undoubtedly important. And working as safe as you can is also important. But how can workers really work safe (and smart) when they are subject to pressure to work as fast as possible in order to make as much profit as possible for the employers (or in order to minimize costs in the case of both public sector and private sector employers)? It remains a mystery to me.

The Toronto Airport Workers’ Council had the following on their Facebook site on August 19, 2019:

Another serious accident involving a baggage tractor. This time it’s one of our YYZ colleagues.

We wish a speedy recovery to our YYZ Coworker.

Work Smart! Work Safe!

On a Twitter linked to this, Tom Podeloc posted:

INCIDENT Baggage handler trapped under a tractor. Extricated by Toronto Pearson Fire. Transported to trauma centre by Peel Paramedics with serious injuries. Scene being held for investigation. Occurred on the ramp between T1 & T3.

Of course, union references to such incidents and the call for both solidarity and more training is important. However, is this really enough? Should not union reps recognize that the existence of a class of employers and the existence of social structures that support their existence necessarily contribute to death and injury?  Why do the unions ignore the existence of a class of employers as such, the social structures that support them and the deadly consequences that flow from their continued existence?

It is hardly enough to call for solidarity and to work safely. Workers cannot work safely as long as employers as a class exist and as long as their exist social structures that support the existence of such a class of employers.

Workers deserve better than a call for solidarity on the basis of the continued existence of a class of employers–they deserve to be treated as human beings–an impossibility under the given social structures and relations. Full solidarity demands questioning the power of employers as such. Otherwise, human carnage, injury and suffering will continue needlessly.

A Case of Silent Indoctrination, Part Six: The British Columbia and the Yukon Territory History Curriculum and Their Lack of History of Employers and Employees

This post is a continuation of previous posts on the Canadian history curriculum. The background to the post is provided in the first post (see A Case of Silent Indoctrination, Part One: The Manitoba History Curricula and Its Lack of History of Employers and Employees).

But just a reminder: the research question is: Does the history curriculum (or, if not available, the social-studies curriculum) provide much of an opportunity for students to understand how and why employers (and employees arose)?

The Yukon Territory uses the same curriculum as B.C., so the following is relevant for it. The B.C. Grade 12 history curriculum has very little that would guide a teacher or student in answering the question. Using the search term “employ” results in zero hits. The use of the search term “work” resulted in a reference to the U.S. temporary incorporation of women into the workforce during the First World War (page 49). On page 67, students are asked to estimate what the percentage of women are in the workforce today.

The use of the search terms “class” and “capital” yielded nothing of relevance. The occasional reference to capitalism, like most of the other curricula documents, do not really provide an opening for the teacher and students to explore why and how employers and employees exist.

In the grades 10 and 11 social studies curricula, using all four search terms yielded only one reference to class conflict on page 27 of the grade 10 social studies curriculum in relation to the 1837-1838 rebellion. Apparently, human beings have always been employers or employees—or so the curriculum designers assume. For them, a course on history should not include the historical emergence of the relation of employers and employees and the associated historical conditions that constitute the preconditions for such a relation.

Generally, then, the curricula on Canadian history so far researched fail to prepare students in understanding their likely fate as workers in Canada. Is this silence an accident? Or does the silence reflect a class bias by the authors of such curricula? If it reflects a class bias, is it not an example of social injustice? Why are the voices of workers and their subordination to the power of employers not a central feature of Canadian history curricula? Is such silence a further example of the injustice characteristic of the school system? Are students not being indoctrinated into accepting their future subordination to the power of employers by silencing the history of how and why employers and employees arose?