Taking Possession of Vacant Housing and Protecting the Environment from Profits: The Need to Consider Both Process and Product or Result

A person on Facebook posted the following relating to the problem of accessible housing:

Isabella Gamk shared a post.

Thought the group would like this
May be an image of car and road

Isabella Gamk
“Housing Shortage”? This is not that old of a building and could be fixed up. This building has been shuttered to make room for a condo. There are many such buildings in Toronto. In Canada there 1.3 million empty homes in Canada, many just sitting vacant waiting to be turned into condos. They never talk about this when they say they need to build more homes.

Fred Harris

But to turn them into homes–would it not require an attack on the principle of the sanctity of private property on a massive scale? And would not that require an organized mass struggle? And why stop there? What of the means of production used to construct houses? Why not convert them into common property of all?
well we are on a planet with finite resources. Perhaps we should leave some of those resources for future generations and civilizations.
Fred Harris

Which resources? The cranes, drills used to construct the houses? These are supposed to be left untouched–in the name of “future generations?” If we leave these means of production to employers–we in fact leave a process that constantly strips the natural world of what future generations will need. Employers who own drills, cranes, etc. purchase or rent them with the goal of obtaining more money–profit. But profit at the end of the process is just–money–and not more money. So they need to reinvest again–and again–and again.
To end the rape of the earth, it is necessary to end the rule of the class of employers.
Unless you have an alternative diagnosis of the problem of the rape of the earth and how to stop it. I am all ears.

Now, I am hardly objecting to the goal of trying to take over vacant homes in order to address the serious problem of a lack of adequate housing in Canada and elsewhere. If a movement to seriously aim for that goal were ignited and grew, it could form the point of departure for pointing to solutions that go beyond a society dominated by a class of employers.

To find out more about Ms. Gamk, I looked on the Net. I did listen to an interview with her, dated September 28, 2019 (https://www.youtube.com/watch?v=TFZOhVXcmf4&list=LL).

Ms. Gamk is the founder of POOF–Protecting ODSP OW Funding. ODSP is the Ontario Disability Support Program and OW is Ontario Works (social assistance). She has had a number of health issues in her life, including cocaine addiction, HIV and glaucoma, among other issues.

She receives ODSP, but she points out that ODSP covers $497 for rent and welfare will cover $390. She argues that these need to be doubled–immediately–and then within six months it needs to brought up to average market rent. She argues that even if you double the amount from ODSP, it is $994, but a bachelor suite rents out now between $1100 and $1500; this means that those who receive ODSP would still have to dip into money destined for basic needs was $662 prior to last fall’s 1.5 percent increase–it increased to $672. This is inadequate to survive. Many are now relying on food banks and community meals to eat. Even the NDP, which stated that it would increase rent allowances by 27 percent over three years, would be insufficient, leading to homelessness. Ninety-five percent of the people on the streets receive ODSP or OW.

To double the rates, people would freak because they would be afraid that it would be necessary to raise taxes substantially. But they could tax the corporations and stop giving them incentives, etc. to them.

She also argues that many on the streets want to have a job, but they are stuck because of their homeless circumstances. Furthermore, although there are a number of vacant units for the Toronto Community Housing Corporation, which provides subsidized housing; many of these units are inhabitable due to the large repair bill that TCHC has–without sufficient funding to provide such repairs. She had to wait 20 years to gain access to a unit with TCHC, but even then repairs are often shoddy because of a lack of money and there are often cockroaches and bed bugs. But the homeless will still have to wait 10 to 20 years to gain access to TCHC units. This is wrong.

TCHC, or Toronto Housing, is charging $139 for rent for those who receive ODSP or OW. Why is not John Tory, the mayor of Toronto, increasing the rent to $390 (as allowed for those who receive OW, which is funded by the province) in order for Toronto Housing to receive increased funds to repair the buildings and units? The argument that it is $139 for low-income workers is invalid. The minimum wage, now being $14 an hour works out to $1,750 for a four-week month. That person making $1,750 can surely afford $390 for rent.

She has organized protest rallies, created. distributed and emailed flyers for the rallies. She joined ACORN (Association of Community Organizations for Reform Now); their logo is on her flyers. She had already been a member of OCAP–the Ontario Coalition Against Poverty). OCAP in particular did not support POOF; they never put POOF’s events on their pages; they never helped distribute flyers; they didn’t help with anything.

OCAP pulled out in part because she opposed affordable, subsidized housing based on the level of income because she believes such housing keeps people in poverty; she also opposes shelters for the same reason; furthermore, she opposes homeless people having the right to live in stairwells whereas OCAP believes they should have the right to do so. ACORN and POOF are fighting to clean up the buildings; OCAP does not care about the buildings or the tenants in the building; they care only about the homeless–but only to the extent that they want to keep them in shelters. POOF, on the other hand, is demanding more money for ODSP and OW recipients.

Another reason why OCAP opposes POOF is because Isabella does not consider sex work to be a job like any other job. If you do it because you want to, then that is fine. However, if you do it because you are in poverty and need to do it in order to obtain money, then it is not right.

Once you are in such a system, it is difficult to move anywhere else except within the system–which leads to the perpetuation of poverty. Furthermore, it is difficult to move within the system even if you have problems with neighbours–whether due to noise or harassment. In addition, if you want to move outside of Toronto Housing, with the inadequate level of rent money that ODSP and OW recipients receive, they cannot afford to move anywhere else except within the Toronto Housing system.

Her solution would be to scrap Toronto Housing and bring ODSP and OW rates for rent to average market rent, and low-income families should receive a rent-subsidy cheque so they could afford average-market rents.  Furthermore, if Toronto Housing is still to exist, land owned by that organization should be used exclusively, she implies, for Toronto Housing units rather than to build condo units as is happening now.

The interviewer, Michael Masurkevitch, implied that we could fund such a system by taking away some of the income of CEOs and distributing it to the lower-income people and homeless in order to achieve a balance.

Ms. Gamk argued that this is true since she implied that the use of high-end or very expensive cars in public these days (which was not the case in earlier times) provides evidence of the availability of money and hence the possibility of taxing the rich to a greater extent.

Given the more recent advocacy for taking over vacant homes on Facebook–as the quotes at the beginning indicate–it would seem that Ms. Gamk now advocates more radical measures in order to address the issue of the lack of housing in Toronto and in Canada. However, it is unclear whether she advocates taking over the vacant homes with compensation or without compensation. I should have asked her that in order to clarify the situation.

However, there are a number of points that can be made.

  1. Focusing on the seizure of existing housing stock (a social product of various workers) without considering the processes that produce such housing stock is one-sided. They are two sides of the same coin. The initiator of the above Facebook post, Isabelle Gank, may not have thought about this before, but when I pointed it out, she shifted her attention (in effect ignoring the connection between process and product) to the issue of finite resources on Earth.
  2. However, when I pointed out that the kind of society in which we live necessarily involves a tendency towards the infinite exhaustion of resources, Ms. Gamk did not respond. Now, this lack of response can be interpreted in various ways. Perhaps she would reconsider her position–and respond later. However, there is no such response from her despite three days having passed. Or she considers my response incomprehensible. If so, she should have asked for clarification–which she did not. Or she chose to simply ignore my response and ignore the need to connect up the fact of limited resources on this planet and the tendential infinite process characterized by an economy–which contradicts the finite nature of the world on which and through which we live.Given the fact that Ms. Gamk did not respond, I choose to interpret her silence as an indication of her failure to connect up the result of diminishing resources on this planet with this tendential process (which I have briefly indicated on my blog on the page The Money Circuit of Capital; I also tend to believe that she probably fails to link up the  result of homes being empty and not being used despite a lack of adequate housing here in Toronto, Ontario, Canada, with the process of producing those homes.

Her reference to treating sex work as a job as being okay if the person wants to do it but not okay if they are in poverty and have to do it in order to obtain money to live fails to address using the same logic to all jobs that involve working for an employer. She probably means by poverty a certain level of income; the use of this category to determine whether a person lives in poverty or not is shared by the social-democratic or social-reformist left. The use of level of income as the prime factor in defining what constitutes poverty certainly has its place in terms of level of consumption and the quality of life outside work; I too have had a lack of money to the extent that I had to apply for and receive social assistance temporarily. I also remember trying to find enough pennies in the apartment (when they existed) in order to be able to go to McDonalds to buy the relatively cheap coffee and muffin combination.

Nonetheless, Ms. Gamk obviously accepts the market standard since she advocates such a standard for ODSP and OW recipients receiving the market rate. Of course, advocating increased rates for such recipients is legitimate, but we should question the adequacy of such a standard. We should also question whether people who work for an employer do so out of their own free will or whether they do so out of need to obtain money–even if their wage or salary is considered by some as relatively high. If we question that, then we can redefine what poverty means–a definition that is broader than the definition of poverty according to level of income. I quoted such a definition in another post (“Capitalism needs economic coercion for its job market to function” (Ontario Coalition Against Poverty: OCAP)). From Geoffrey Kay, The Economic Theory of the Working Class. London: Palgrave Macmillan, 1979, pages 2-3:

The absolute poverty of the working class is visibly present in the conditions of work where everything the worker touches belongs to another. The means of production he uses, that is, the machines, buildings, materials, etc. all belong to the employer, who also owns the output. The only thing the worker owns is his capacity to work, and his economic welfare depends upon his being able to sell this at the best possible price. In the course of this [the twentieth) century, particularly during the period of the post-war boom, this price measured in terms of the commodities it can purchase, the real wage, has risen to unprecedented heights, at least in the advanced industrial countries of the west.

As a result of this and the maintenance of full or near full employment backed up by social welfare, the working class has enjoyed greater prosperity and security than at any time in history. In these circumstances it appears strange to talk of absolute poverty, and the old socialist claim that the working class has nothing to lose but its chains seems and archaic relic of the past when the working class did indeed live in dire poverty. Yet the fact remains that the working class today has no greater economic autonomy than its forbears a hundred years ago.

Consider the situation of a contemporary worker who loses his job. This has happened to several million workers in the industrialized world since the long boom faltered in 1973 not counting the other millions of young people who have never found jobs at all. Many of the workers who have recently suffered unemployment for the first time, earned wages that allowed them to enjoy all the trappings of ‘affluency’—decent housing, cars, television, refrigerators and so on. But the loss of the job puts the standard of living immediately in jeopardy, particularly if unemployment lasts for anything more than a few weeks. In the unlikely event of a working class family having a large private income, its initial response to unemployment is to cut back spending on marginal items, and attempt to maintain its lifestyle intact in the hope that new work will be found shortly. As the period of unemployment lengthens, it begins to eat into savings, but this does not hold out much hope.

Working class savings are notoriously low, and often take the form of insurance policies that can only be cashed in at a considerable loss. If the family decides to sell of its consumer durables, apart from reducing its standard of living immediately, it will invariably make further losses as second-hand prices are always far below prices for new articles. Moreover, many working class purchases are financial by hire purchase where the interest element makes the actual price higher than the market price, and the family that sells off relatively new times bought in this way often finds that, far from releasing cash, it lands itself in further debt. Working class affluence is entirely dependent upon wages: remove these—i.e., unemployment—and the absolute poverty of its social situation shows through very quickly. In the nineteenth century unemployment meant immediate destitution; the modern worker is clearly much better off than his forbears—for him and his family poverty is a few weeks, maybe even a few months away.

As Marx also wrote, in relation to prostitution not in its usual, particularized, sense but in a general sense (from Grundrisse: Foundations of the Critique of Political Economy (Rough Draft), page 153–a draft written between 1857 and 1858, which forms the basis for the writing of Capital, volume one of which was published in 1867)

(The exchangeability of all products, activities and relations with a third, objective entity [money] which can be re-exchanged for everything without distinction – that is, the development of exchange values (and of money relations) is identical with universal venality, corruption. Universal prostitution appears as a necessary phase in the development of the social character of personal talents, capacities, abilities, activities. More politely expressed : the universal relation of utility and use. The equation of the incompatible, as Shakespeare nicely defined money.

I invite Ms. Gamk and any others to broaden their definition of poverty to include most workers who need to work for an employer in order to obtain the money they need to live (some workers, such as managers, may be excluded since their function is to exploit and oppress workers–even if they too need to work for an employer).

The major problem with Ms. Gamk’s approach has to do with focusing on issues of distribution of already produced commodities rather than their production. For once I agree with Sam Gindin (although this should be center-stage and the focus for criticism of all social-democratic or reformist organizations). He writes ( https://socialistproject.ca/2022/04/inflation-reframing-the-narrative/):

But we need to be sober about an inevitable ceiling on redistributive policies. If we don’t also address the democratization of production – if we don’t also redistribute economic power, capital’s control over production and investment will leave it with the capacity to undermine or sabotage alternative priorities and redistribution goals.

We can put controls on house prices, but developers can refrain from building more houses or build the kinds of housing society needs. We can put controls on gas prices, but this won’t address the issue of a planned phase-out of the oil industry and investment in renewables. We can set drug prices, but the drug companies will still decide which kinds of illnesses they should focus on to maximize their profits. And we can’t control the price of food or adequately subsidize food as needed without a radical rethinking of food production.

As the struggle over distribution comes up against such impasses and causes new crises, the crucial lesson to internalize is not to retreat from our goals. It is to organize to go further.

However, Mr. Gindin then elaborates a little by what he means by “going further”:

and pose public ownership and planning in key sectors – not just for ideological reasons but also as a practical matter of self-defence and meeting critical social needs.

If he means by “public ownership” the mere nationalization of industries without a thorough restructuring, then my earlier criticism of “public ownership” also applies to his proposal (see, for example, my criticism in  A Critical Look at The Socialist Project’s Pamphlet on Green Jobs Oshawa).

Public ownership hardly is identical to democratic control of the workplace by workers, citizens, immigrants and migrant workers.

I will leave the issue there.

Of course, part of the problem may be the way in which I responded to her post. If others have suggestions about how I can improve my communication skills, feel free to comment. I am always open to improvement in my communication skills. Or perhaps my logic is faulty. If so, please provide counterarguments.

Critique of the View That the Government or State is Neutral: A Critical Look at the Assumptions of the Leader of the New Brunswick NDP (New Democratic Party) Mackenzie Thomason

Introduction 

On my Facebook page, I made some notes and comments on a post by Julius Arscott, a member of the supposedly radical organization here in Toronto called Socialist Action in relation to the public union strike in New Brunswick in the late fall of 2021. The poster referred to the following 49-minute podcast https://open.spotify.com/episode/45SB74uv1Hj0zRvQkPPa9z?fbclid=IwAR36H2KzFsopOUYcfwzkl5ocP1p3gNhdvIgLs-btRwZy4z_QtWEjpvWPJQw. The poster stated the following:

As striking CUPE [Canadian Union of Public Employees] NB SCFP [Le Syndicat canadien de la fonction publique] workers vote on a tentative agreement, check out the latest episode of The Red Review, brought to you by Socialist Action Canada, where Emily Steers and I [Julius Arscott] interview CUPE 1253 member, bus driver, and leader of the New Brunswick NDP Mackenzie Thomason!

Mackenzie talks picket line vibes, community support, demands of striking workers, taking on the Irving empire, government ban on land acknowledgements, and a surging New Brunswick NDP that puts people first, not profit!

I commented the following:

Fred Harris
Where is there evidence that the New Brunswick NDP “put people first, not profit?”
To answer that question, I did listen to the 49-minute interview, took some note an made a few comments. I will produce a more polished version in the future on my blog.

The following is a revised version of my notes and commentaries.

Mr. Arscott failed to respond to my commentaries.  The so-called radical political organization Socialist Action fails to engage critically with NDP views–which makes it in effect a social-democratic or social-reformist organization. Silence is golden for social-democrats or social reformers when their views are criticized, it would seem. 

A Fair Wage in a Society Dominated by a Class of Employers? 

An increase in wages was, initially, a sticking point during negotiations. Mr. Thomason had this to say: 

We were supposedly appreciated as heroes during the pandemic, but as the pandemic subsided, we were then undervalued and underappreciated. We no longer deserved a fair raise nor decent benefits.

It is undoubtedly true that the representatives of employer, seeing that essential services were indeed necessary to maintain, produce and reproduce our (and their) lives, referred to essential workers as heroes–until the pandemic crisis had been reduced, after which they then shifted to the typical attitude of treating essential workers as mere means for purposes defined by employers. Mr. Thomason is right to point out the hypocrisy of the representatives of employers in this instance. 

However, his reference to a “fair raise and benefits” implies that there is such a thing as a fair wage and benefits. The implication is that there is such a thing as “a fair raise and decent benefits.” Mr. Thomason does not question this assumption, but accepts it. The radical left should also reject it since the issue of exploitation is simply ignored. From Richard  Arneson (1981), “What’s Wrong with Exploitation? In pages 202-227, Ethics, Volume 91, Number2,
pages 205-206: 

,,, exploitation involves an exercise of power by some over others, to the disadvantage of the less powerful. Marx never tires of emphasizing that ownership of capital [and managers  in the hierarchical division of labour within the government or state]  confers power to command the labor of others. Within any class society wrongful exploitation will involve interactions between persons of markedly unequal social power, and the inequality will determine the distribution of benefits from the interaction. In market economies these inequalities of power assume the form of great disparities in bargaining strength between capitalists and workers.

Does Mr. Thomason take into account the necessary differences in bargaining power of unionized workers and management? Not at all. He addresses the issue completely in terms of the amount of raise which he and others consider fair “under the circumstances”–and those circumstances include the economic dependence of workers on employers and the general economic coercion that that involves. 

Just think of why you do not express your real opinions at work in front of management. Or why, when you or others are expressing yourselves freely in the lunchroom, when a manager comes in, the talk changes. 

Economic coercion involves oppression and exploitation despite the exchange between employers and workers

From Arneson, page 219:

It appears that the worker exchanges a day’s labor for a day’s wage, but according to Marx it is really labor power that is exchanged for the subsistence cost of its reproduction; and furthermore, according to Marx this latter exchange is only apparently an exchange,
whereas in reality the capitalist coerces the worker who has no genuine choice in the matter. The appearance of exchange conceals the worker’s “economical bondage”; “In reality, the labourer belongs to capital before he has sold himself to capital.” [or the government or state]

Rather than criticizing an economic form such as the wage and the economic coercion that arises with that economic form, Mr. Thomason assumes its legitimacy. What is illegitimate for him is not the qualitative question of whether wages are legitimate or illegitimate because they involve the lack of freedom of the workers, at the level of classes (since there is indeed some freedom of choice at the individual level of trying to find a particular employer), but the quantitative question of the level of wages.

To be sure, the level of wages is indeed of concern for workers–in order to be able to live–and live with at least a variety of choices as consumer and to provide for one’s family. To deny the importance of the quantitative level of wages for workers is absurd, but to focus on this aspect of the employer-worker relation without looking at what the wage relation involves in terms of the lack of freedom of workers is to be blind to a large part of what life involves in a society dominated by a class of employers. 

A fair raise or wage in the context of the class power of employers is social democratic—not socialist. Exploitation and oppression constitute necessary features of such a society, and to refer to fair raises or wages in that kind of society is reformist and does nothing to enlighten workers about how to address this inherent exploitation and oppression and to seek to solve them once and for all.

A Social-Democratic or Social-Reformist Justification for Defined Pensions

Although wages were a sticking point for negotiations, the union decreased its wage demands and management increased its wage offer, so some kind of meeting of minds took place over wages. 

However, the sticking point has been the government’s insistence that workers’ pensions should be in the form of a shared-risk model rather than the current defined benefit model for the locals 1253 and 2745: bus drivers, custodians, maintenance workers, payroll clerks, administrative assistants, educational assistants, and administrative workers broadly.

A defined benefit pension provides a stable and steady income for pensioners regardless of the economic conditions of particular employers, and in this instance it is the government as employer which is burdened with variability in economic conditions of the stock market.

A shared-risk pension, on the other hand, shifts the variability of stock markets onto the pensioners. 

Mr. Thomason’s justification for defined pensions reflects a social-democratic or social-reformist point of view: “you have worked hard, you have done what you have been asked to do by society and by the economy.”

This fails to even question the present class power at work and the class and alienated structure of the economy. Workers allegedly deserve a defined pension because they have kowtowed to their employers and to the general oppressive and exploitative economic, political and social conditions (what else does “you have done what you have been asked to do by society and by the economy” mean?)

Note the complete identification of “society” and “economy” with the present class society and class economy. By identifying the two, Mr. Thomason forfeits any opportunity to oppose the class nature of “society” and “economy” in general and the particular kind of class society and economy in particular–a society and economy dominated by a class of employers. (In other periods and places, serfs were subject to the power of lords, or slaves were subject to the power of slave owners, or peasants formed part of a village economy and so forth). Mr. Thomason performs the trick of identifying the present specific class structure, with its class of employers, with “society” and the “economy” in general. 

What he could have said to justify defined pensions is something like: the government as employer uses workers as things to achieve the government’s goals without permitting the workers the right to participate in the formulation of purposes of the government. Given this lack of freedom at work, workers should struggle to abolish such a situation, but they lack the power to do so for now. For those who retire from this situation, they deserve to experience a stable income if not a stable life (unlikely in a society dominated by a class of employers), and defined pensions provide a more stable form of income than a shared-risk pension.

Not only did Mr. Thomason fail to use the situation as an opportunity to expose both the historical nature of modern class society but, by referring to the “economy” and “society” without qualification he becomes an ideologue of present economic, political and social relations of power. He undoubtedly does not intend on being such an ideologue, but objectively he does in fact serve as such an ideologue. 

The New Brunswick Billionaire Family the Irvings and the Social-Democratic Cliché of Having the Rich Pay Their Fair Share of Taxes

The social-democratic or social-reformist left are full of clichés. I have already criticized the cliché above of “fair wages.” Another social-democratic cliché is the idea of having the rich “pay their fair share of taxes.” Mr. Thomason continues with his cliché-ridden talk by claiming that the New Brunswick billionaire family the Irvings should somehow pay their fair share of taxes. He says:

They [the Irving family] will have to play ball with us and help us to invest in public services by paying their fair share in taxes and their fair share in property taxes, or they can leave.

If we take a look at the money circuit of capital (The Money Circuit of Capital), we can see that workers are used as mere means for obtaining more profit (or, in the case of the government, for purposes undefined by workers). For Mr. Thomason, as long as the Irvings pay “their fair share of taxes”–they can continue to exploit workers. Such is the logic of the social-democratic left. How do these social democrats represent the general interests of workers (the class interests of workers)? 

Furthermore, although looking at “billionaires” may be useful in some circumstances, it completely overlooks the structural logic characteristic of a society dominated by the class power of employers; this structural logic needs to be criticized and abolished. This structural logic, in part, is expressed in The Money Circuit of Capital (other aspects of this logic include, but are not limited to, the productive circuit of capital and the commodity circuit of capital as outlined in volume two of Marx’s Capital). 

A Brief Look at the Issue of Taxes

Mr. Thomason not only uses the cliché of employers “paying their fair share of taxes” but does not even bother to inquire into how taxes hide the exploitative nature of the “economy.” Surplus value, which has its unitary source in the first instance in value (and  expressed in money–see    Economics for Social Democrats–but Not for the Working Class, Part One: Critique of Jim Stanford’s One-Sided View of Job Creation in a Capitalist Society) and in the second instance in surplus value derived from directly exploited workers in the private sphere–appears as separate–as profits, interest and rent on land. Since profits, interest and rent on land (natural resources) is related to wages as the rate of surplus value (surplus value as a whole in the form of profits, interest and rent added together) divided by wages, salaries and benefits), the treatment of each category of surplus as a form of income on the same level as wages (and as taxable income) makes it appear as if there is no connection between the level of wages, salaries and benefits on the one hand, and the level of profits, interest and rent on the other. Marx’s theory of the dual nature of labour (concrete and abstract labour), this theory of money and his theory of surplus value are meant to expose the internal or intrinsic relation between the level of wages and profit, interest and rent.

As John Passant (2015) says, in “Some Basic Marxist Concepts to Help Understand Income Tax,” pages 263-312, The Journal Jurisprudence, page 287: 

It [the income tax system] not only hides the exploitation of workers, it mislocates the creation of profit, interest, rent and dividends – specific examples of the general category of surplus value – in the hands of capital rather than labour. It views workers as being rewarded for their labour rather than the reality of the reward being for their ability to labour and taxes them accordingly.

What the tax system deals with is the phenomena arising in the distribution of
surplus value, not its production.

Taxes can be derived from a variety of sources, and can be direct (such as an income tax) or indirect tax (such as government taxes on commodities that we purchase, such as gas, alcohol and cigarettes). In either case, the source of the taxes is hidden since all sources are aggregated or summed up in the general form of “taxes.” There is a corresponding subject who pays taxes–the “taxpayer.” The division of income into wages on the one hand and and profits, interest and rent is dissolved in the form of taxes. 

Or, as Passant writes in another article, “Income Tax in Australia: From Appearance to Reality,” page 1: 

This idealization of the tax system is typical of social democrats or social reformers.

The income tax system reflects the idea and the surface reality that businesses earn their income in the form of profits or rents or dividends or interest rather than extracting that income (what Marxists call surplus value) from the value that workers create in the process of production which is then realised or monetised in exchange. Income tax also applies to the wages workers receive. Wages are the surface expression, the price, of the value of workers’ labour power or ability to work, not a payment for the work they do or reward for the value they create.

The Political Implications of the Social-Democratic or Social-Reformist Position: The Iron Fist of Social Democracy

The view that there is such a thing as employers paying their fair share of taxes implies that workers, too, ought to pay their fair share of taxes. After all, workers also are obliged to pay income tax.  Therefore, since the government or state forces corporations and workers to pay taxes, if corporations are said to pay their fair share of taxes, then workers who do not “voluntarily” pay their fair share of taxes should, according to this reformist reading and logic, be forced to pay their “fair share of taxes.” 

Is there really any wonder why some workers have turned to the right, when the social-democratic or social-reformist left adopt clichés whose implications involve the legitimation of political coercion by the government or state? 

According to the federal government website (currently a Liberal government):

What are the consequences of tax evasion?
Tax evasion is a crime. Whether you’re cheating on your taxes here in Canada or hiding assets or money in foreign jurisdictions, the consequences are serious. Tax evasion has a financial cost. Being convicted of tax evasion can also lead to fingerprinting, court imposed fines, jail time, and a criminal record.

When taxpayers are convicted of tax evasion, they must still repay the full amount of taxes owing, plus interest and any civil penalties assessed by the CRA. In addition, the courts may fine them up to 200% of the taxes evaded and impose a jail term of up to five years.

The only current social-democratic provincial government is in British Columbia, where the New Democratic Party (NDP) holds power. On its government website (https://www2.gov.bc.ca/gov/content/taxes/report-tax-tip), it has a webpage for reporting tax evasion:  

Report a tip on suspected non-compliance with B.C. tax laws

Tax revenues help fund important government programs and services such as healthcare, infrastructure and education. You can play an important role to ensure there is tax compliance in B.C. With your help, people in B.C. can continue to access programs and services and support a fair tax system in the province.

If you know or suspect an individual or business isn’t complying with B.C. tax laws, you can anonymously report them by using the online tip form 24 hours a day, 7 days a week. 

You can use the tip form to report concerns, such as individuals or businesses:

  • Only accepting cash for payment (for instance, they don’t take credit cards, cheques or e-transfers)
  • Not providing receipts or invoices when you pay
  • Not collecting tax on products or services that are taxable
  • Collecting tax but not reporting or paying it to the provincial government
  • Not reporting all sales or income
  • Importing products or possessions into B.C. but not paying tax on them
  • Not paying or avoiding tax on real estate (such as houses, condos, property taxes) 
  • Reporting incorrect values on vehicle transfer papers (such as reporting only $1 to pay lower taxes on a second-hand car or boat)
  • Not collecting or paying tax on tobacco sales (such as singles or packs of cigarettes, cigars, loose tobacco)
  • Receiving a benefit they’re not entitled to

Helpful information you can provide us includes:

  • Details about the individual or business (such as names, contact information, names of shareholders or related companies if it’s a business)
  • Details about the allegations (such as what, where, when, who and how)
  • Supporting documents (such as invoices, contracts, financial statements)

You can also report a tip over the phone 24 hours a day, 7 days a week at 1-877-977-0858.

We will work with the reported individuals or businesses to educate them on how to file and pay taxes correctly. 

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Given the assumption that employers who pay “their fair share of the taxes” can legitimately obtain profits by hiring workers and using them to obtain more money (see my reference to the money circuit of capital above), then workers who fail to pay “their fair share of the taxes” would, according to the social-democratic or social-reformist way, force workers to pay their taxes–with the threat of fining or jailing them, or both. Such is the nature of a government that allegedly “puts people before profits.” 

A government that is indeed a government that expresses the interests of workers could legitimately force particular workers to comply with laws established by that government in order to ensure that the struggle against employers achieved its maximum effectiveness. (The anarchist view that that discipline and force would not be necessary simply ignores the probable organized resistance of employers to a workers’ government.) 

However, the implicit illegitimate assumption made by Mr. Thomason is that a government or state that does not question the legitimacy of the existence of employers as a class–and the economic, political and social structures associated with the class power of employers–is somehow neutral rather than a class state. Such a  class state treats workers’ exploitation and oppression as legitimate (as Mr. Thomason himself evidently does–even if he is unaware of it). Such exploitation is a consequence of economic coercion as well as political coercion (by ensuring that workers comply with the conditions for their continued economic coercion). 

Behind Mr. Thomason’s rhetoric of putting people before profits is the opposite–putting profits before people–backed up by the iron first of the government or state. 

Consequently, as I argued in another post, the social-democratic or social-reformist left are themselves partly responsible for the continued oppressive situation in which we live in general and the continued exploitation of workers in particular (see for example Ontario Election of Conservatives: Will the Social-Reformist Left Learn?). 

Overestimation of the Ease of Controlling the Class of Employers In the Neoliberal Epoch

We need to enter briefly into the nature of capitalism in the neoliberal epoch. Mr. Thomason vastly underestimates the power of employers and overestimates the power of the government or state in the face of the economic and political changes that have occurred over the past four decades. He indicates that, if the Irving family resists paying its “fair share of taxes,” the government will simply take over their companies and put the workers to work as the Irvings had done before. He says: 

I am willing to take on any billionaire who thinks that he deserves services that the rest of don’t.  If the Irvings do not do what the future NDP government requires them to do and threatens to move, then they can try, and we will nationalize their corporations, employ everybody as they did before, and use the revenue to move into a sustainable, green economy.

I have already criticized the view that it is an illusion to develop a sustainable, green economy without the elimination of the class power of employers and transferring that power to the workers themselves (see The British Labour Party’s 2019 Manifesto: More Social Democracy and More Social Reformism, Part One). This irresponsible, utopian view of the environmental crisis in its various facets (climate change, the destruction of biodiversity and so forth) is coupled with the irresponsible, utopian view that the power of employers is somehow magically eliminated through nationalizations (for a critique of the view that nationalization is the same as socialism, see my post The Poverty of Academic Leftism, Part Seven: The Idealization of the Nation State or the National Government and Nationalization in the Wake of the Coronavirus Pandemic, Part Two).

Moritz Muller (2019),  in his article”Of (Anti-)Capitalism, Countermovements, and Social-democratic Bedtime Stories. A Review of Recent Literature on Polanyi,” pages 135-148, Culture, Practice & Europeanization, Volume 4, Number 1, page 136, accurately characterizes the social-democratic attitude that Mr. Thomason expressed: 

… social democracy’s concept of socialism centers around the idea that private ownership should be replaced by public and/or cooperative ownership, together with the state’s acceptance of its role as the responsible institution for social welfare.

Furthermore, Mr.Thomason ignores some earlier historical efforts to nationalize industries by more powerful governments than the New Brunswick provincial government–such as France under President Francois Mitterrand in the early 1980s. 

President Mitterrand had more power than any premier (head) of an NDP premier would have if elected. Firstly, Mitterrand was the president of an entire country and not merely a region (equivalent to a Canadian province administratively). 

Secondly, the office of president in France has centralized powers that a premier would unlikely have in New Brunswick. From James Bond (2012), “French Elections and the Euro: What the Candidates Are Not telling the Electors,” in Sens Publique: 

France’s current presidential system, introduced by General de Gaulle in 1958, confers widerpowers on the country’s President than in almost any other developed country. … Today, these powers mean that the President and his team for the most part define
economic policy, with few checks and balances from parliament or the judiciary, and dramatic changes in direction are possible.

Despite the centralized power, the Mitterrand government was forced to retreat when it tried to implement Keynesian (not socialist) measures of nationalization: 

For example, at the start of the first term of Socialist President François Mitterrand in 1981, the government nationalized broad swathes of the economy which were the electoral promises outlined in the Socialist/Communist coalition’s “Programme Commun”. Massive capital flight ensued, and the value of the French franc plummeted. President Mitterrand had to backtrack, but not before significant damage had been done to the economy.

Undoubtedly the nationalization of the Irving property would not have the same effect on the Canadian dollar as nationalization of industries in France on the franc, but there would undoubtedly be pressures to backtrack, from other employers in New Brunswick and other employers within Canada (if not internationally), as well as from both from other provinces and from the federal government 

Even if there were no such pressure, the nonchalant manner in which Mr. Thomason expresses the supposed ease with which nationalization would occur–because it is vague. Mr. Thomason does not even address the issue of whether the nationalization would involve compensation or not. If it did involve compensation, then the New Brunswick government would have to borrow money for such compensation, raise taxes or reduce services. All of these involve their own problems, but Mr. Thomason simply ignores them–in a typical politician-style fashion of making vague promises that may not be able to be realized. 

Conclusions to Be Drawn from the Above

Those who claim to represent the interests of workers, such as unions and leftist political parties (such as the New Democratic Party (NDP) and Socialist Action here in Canada( have a lot to answer for. Their rhetoric is often just that–rhetoric. When analyzed, their own contradictory political position becomes evident.

That perhaps explains why no one on Facebook engaged with my comments. Given the lack of engagement, it can be inferred that the left here in Toronto simply want to cling to their views regardless of what anyone says or writes. The workers of course, need to learn who really represents their interests and how to critically look at the rhetoric expressed by the social-democratic or social-reformist left (sometimes parading as the radical left). 

Mr. Thomason’s view that there is such a thing as a “fair raise” and, by implication, a “fair wage or salary” gives away his social-democratic or social-reformist views. Since there is no such thing as a fair wage in a society dominated by the class power of employers, his views ultimately lead to an apology for the continued exploitation and oppression of workers. 

Similarly, although it is certainly necessary to defend defined pensions as opposed to shared-risk pensions, Mr. Thomason’s justification of why workers deserve a defined pension as opposed to a shared-risk pension assumes not only the legitimacy of the existence of the class of employers but the legitimacy of workers having to subordinate their lives to that class power. 

The issue of billionaires (and corporations) paying their “fair share of taxes” raises the issue of how the government, by treating wages and various forms of surplus value (profit, interest and rent) on the same level as different forms of taxable revenue hides the exploitative and oppressive nature of working for employers. It also raises the issue of whether workers should be legitimately be forced to pay taxes–and how the far right have captured workers’ dissatisfactions with the coercive nature of government in order to restructure the government by reducing benefits to workers (reduction of unemployment insurance benefits for example) and reducing the benefits to non-workers (social assistance recipients, for example). 

Mr. Thomason’s underestimation of the difficulty of nationalizing industries, his silence over whether the nationalization would involve compensation or not and his silence over whether nationalized industries would still involve exploitation and oppression express the typical idealization of “public services” characteristic of social democrats or social reformers. 

Mr. Thomason’s conception of socialism is really just humanized capitalism. 

Turning to the Mr. Thomason’s implicit conception of socialism, his conception reminds me of a Winnipeg teacher. I was working as a casual library clerk in the school where she worked in Winnipeg. She was the teacher librarian, and she claimed to be a socialist. She instructed me to label some of the books with labels and a felt marker according to the Dewey Decimal library classification system. She then left for a few days (I forget why). 

My printing abilities (as well as my writing abilities in terms of legibility) leave much to be desired; my typing accuracy and speed, on the other hand, are much better. I already had been a bilingual library technician in Prince George, British Columbia for over two years. I had been used to the labels for library material to be printed by a printer and did not have to worry about the legibility of my printing and writing.

I did the best that I could. When she returned, she was shocked for two reasons. She thought that I would have progressed much more quickly (quantitative critique), and she was very critical of the quality of the printing on the call number labels (qualitative critique). I was never called back to that library or school–with no explanation. She did not even inquire into why her quantitative and qualitative concerns had not been met. 

The teacher’s “socialism” was restricted to supporting public welfare services–welfare capitalism, if you will. She obviously believed in some form of hierarchical command system at work and not humanized forms of work; she showed little understanding of my own limitations in a given context and my own capacities in another context. This is likely Mr. Thomason’s view as well as well.

This socialism is really aiming to reestablish a social-democratic government that arose after the Second World War. Such a social-democratic government is unlikely now that globalization has arisen. The Second World War saw a massive destruction of means of production (and workers) so that the proportion of what Marx called constant capital (machinery, plant, raw material, auxiliary material and so forth) was lower than before the War. The reduction of constant capital improved the rate of profit for a time, but as the accumulation of capital proceeded, economic crises were bound to arise, and with such crises, crises in the relatively temporary truce between workers and employers via collective bargaining and collective agreements. The attack by the class of employers, and the capitalist government or state through a retrenchment of real wages, reductions in welfare measures and in many cases increased in expenditures in government bodies dedicated to increased oppressions of workers, citizens, immigrants and migrant workers was hardly surprising. 

Another example also comes to mind. When I was working at the brewery, there was a lab assistant who tested the beer for quality control. We talked in the lunch room occasionally, and he indicated that he was somewhat of a socialist. He later became a foreman–and oppressed us just as much as other foremen. His socialism was similar to the socialism of the teacher; both conceived of socialism in terms of welfare capitalism and not in terms of the elimination of the class power of employers. 

Socialist Action, at least as represented by Mackenzie Thomason, conceives of socialism in a similar manner to the teacher and the lab assistant/foreman–welfare capitalism. It is hardly what I would call socialism (for my conception of socialism, see for example Socialism, Part One: What It May Look Like and the subsequent posts in that series). 

Guilty Until Proven Innocent: The Real Assumption of Some Bureaucratic Tribunals, Part One

It is supposed to be a fundamental principle of criminal law that a person is presumed innocent until proven otherwise by the State (government). This is the ideology or the rhetoric (which much of the left have swallowed). The reality is otherwise. In reality, the administrative apparatus of various organizations of the government and semi-governmental organizations often assume that you are guilty first and that you have to prove your innocence; otherwise, you suffer negative consequences.

An example is the requirements that the Ontario College of Teachers (OCT) imposed on me in order for me to qualify as a teacher in the province of Ontario after I moved from the province of Manitoba. To qualify as a teacher in Ontario, you must gain the approval of the OCT. The OCT website explains what this organization does:

ABOUT THE COLLEGE

The Ontario College of Teachers licenses, governs and regulates the Ontario teaching profession in the public interest.

Teachers who work in publicly funded schools in Ontario must be certified to teach in the province and be members of the College.

The College:

  • sets ethical standards and standards of practice
  • issues teaching certificates and may suspend or revoke them
  • accredits teacher education programs and courses
  • investigates and hears complaints about members

The College is accountable to the public for how it carries out its responsibilities.

You can find the qualifications, credentials and current status of every College member at Find a Teacher.

The College is governed by a 37-member Council.

  • 23 members of the College are elected by their peers
  • 14 members are appointed by the provincial government.

To qualify as a teacher in Ontario, among other things, you have to answer a questionnaire. On the questionnaire, there are questions concerning arrest–and since I was arrested by the RCMP (the Royal Canadian Mounted Police)  (but never convicted), I was obliged to prove my innocence in various ways. Despite no conviction, in other words, I had to prove my innocence. The social-democratic or social-reformist left, of course, are silent about such conditions (they are probably unaware of them).

I sent, along with my explanation, a table that I had constructed concerning my experiences (and the experiences of my daughter, Francesca) with the child welfare organization Winnipeg Child and Family Services (CFS), located in Winnipeg, Manitoba, Canada.

The table that I constructed about events is a revised version (always subject to change as I gather further evidence or order it better). I posted it earlier (see  A Personal Example of the Oppressive Nature of  Public Welfare Services).

Below is my answer to the first question:

I. Explanation for the investigation of Dr. Fred Harris by the CFS [Child and Family Services] and the RCMP [Royal Canadian Mounted Police–the national police in Canada] (related to the accompanying table, which forms part of the explanation):

In all probability, my daughter panicked when I gave her the letter concerning my operation related to cancer; I categorically deny ever having choked my daughter. (My daughter recently told me that she had subsequently indicated to either the WCFS or to the RCMP that I had not choked her).

She may also not been able to face the fact that she had been violent towards her father when he had cancer. The only action that I regret is throwing the tea. I certainly had no intention of hurting my daughter, but for that I am responsible—nothing else. I lost control—that is a fact. The mitigating circumstance is that I had, unknown to myself, cancer at the time, which subsequently was considered to be terminal, in all probability.

However, the initial accusation by the WCFS was that I had choked my daughter; there was no reference to my throwing tea. Given the practical abuse of Francesca for over a decade by the mother—and the neglect by the WCFS in recognizing such abuse (it was only subsequent to the arrest that the WCFS apologized to Francesca, indicating that she had indeed been abused by her mother)—the timing of the apprehension of Francesca is certainly suspect.

Given both the timing and the fact that the ground for the apprehension was the falsehood that I had choked Francesca, I made it clear in court that I was acquiescing “without prejudice.” I then began to send a variant of the supplementary table to the Minister of Justice, the Minister of Education and the Premier, Greg Selinger, implying that they had apprehended Francesca on false grounds. This may have precipitated the investigation by the RCMP.

I asked my daughter this last December (2013) when the issue of the tea came up. She indicated that that issue arose subsequently. My interpretation is that the RCMP was fishing for any grounds (with the probable support of the CFS) for arresting me in addition to the false claims that I had choked my daughter and had thrown her to the ground. My interpretation is that the capitalist government was using Francesca to hide its own criminal neglect of Francesca for over a decade (and, possibly, because her father is a Marxist).

The need to hide the criminal neglect of the WCFS may have even been more urgent for the WCFS since Francesca, in claiming that I had choked her, also apparently claimed that her mother’s common-law husband had sexually abused her. (When she made that claim I am uncertain. On Father’s Day, 2010 Francesca informed me that she had told the WCFS that she had been sexually abused. If true (it is still before the court), the WCFS’s lack of action for over a decade would have contributed to such abuse.) [The court eventually dismissed the allegation of sexual abuse against the common-law husband of Francesca’s mother; I now believe that Francesca was sexually abused by him despite the court’s decision. I will  explain that in another post.]

I do not regret what I did (apart from the incident of the tea). The apology ten years after the fact is hardly sufficient for the persistent abuse that Francesca was subject to over the years. The WCFS and the CFS is a fascist organization that acts as if Canadian citizens are guilty first and must prove their innocence afterwards. It uses intimidation tactics (such as the letter of January 2004 and the October 6 2010 phone call by Darryl Shorting) to achieve its ends.

It is instructive that it is I who have to provide an explanation of the investigation. Undoubtedly, it could be argued that it is not the WCFS that is applying for teacher certification. That is true. However, the WCFS apparently need not explain anything at all to anyone.

My explanation, then, is that the organization that need not explain (the WCFS and the CFS) itself needs to explain—its neglect of Francesca (and probably many, many other children) for over a decade. It is necessary to expose such behaviour if the problem is going to be resolved—and not presume that those who have been investigated by such an organization have to explain their actions. It is the WCFS that needs to explain its (in)actions—and it will only have to do so if its neglect is exposed.

However, the WCFS will continue to act undoubtedly with impunity—until those who are intimidated by the WCFS (and the consequences that flow from speaking out) speak up and end the silent oppression that characterizes such an organization. Children deserve much more than the neglect characteristic of the WCFS and the CFS. Such a situation is characteristic of adult behaviour in general in relation to children (see the accompanying article, “Dewey’s Concepts of Stability and Precariousness in his Philosophy of Education”).

This is part of my explanation for answering “yes” in several of the questions.

Management Rights Clause in a Collective Agreement in France: Progressive Discipline Is Better Than Arbitrary Discipline–But It Is Still Oppressive

Introduction

Discipline permeates our world–family. school and work. In an earlier post, in the context of schools, I have already explored, briefly, the difference between intrinsic or internal discipline and external discipline (see  Critical Education Articles Placed in the Teacher Staff Lounge While I Was a Teacher, Part Ten: Intrinsic or Internal Discipline Versus Extrinsic or External Discipline). I have also, indirectly, explored discipline within the family in the personal context of the physical abuse of my daughter, Francesca, by her mother and the official response of a government body of the capitalist state (see, for example, A Personal Example of the Oppressive Nature of  Public Welfare Services).

In this post, I look at, briefly, discipline at work in the context of working for an employer. It also begins to widen references to collective agreement outside Canada in order to show that collective agreements in other countries do not somehow magically transform the employer-employee relation into “decent work” or “a decent job.”

Progressive Discipline in a French Collective Agreement

It was difficult to find a collective agreement from France that explicitly expressed the managerial power of the employer over employees. The following clause in a collective agreement, however, does express one aspect of that power–the power to discipline if employees do not follow the rules set out by management. The collective agreement is between Employers of Social and Family Cohesion (Employeurs du Lien Social et Familial (ELISFA)) and several unions (for example, National Federation of Health and Social Services (NFHSS) of the French Democratic Federation of Labour (FDFL)) (Fédération Nationale des services de santé et des services sociaux (FSSS), de la Confederation francaise democratique du travail (CFDT).

The clause outlines what has come to be known as “progressive discipline,” or discipline that begins with  the least amount of discipline and, progressively, becoming more severe.

The following is a rough translation of the clause (the original French is provided at the end of this post). From page 24:

Article 5

General conditions of discipline 

5.1 In accordance with law 16, the disciplinary measures applicable to the personnel of the enterprises or services are exercised under the following forms, which constitute the scale of sanctions [disciplines]:

–Observation (Remark)
–Warning
–Suspension with or without salary (in the last case [without pay] for a maximum of             three days
–Dismissal

Progressive discipline is certainly better than the arbitrary discipline that non-unionized employers have, but it is still discipline from an authority that originates from an economic structure characterized by, on the one hand, an impersonal and oppressive system that involves the use of workers as means to ends that they do not define and, on the other, by a class of employers (and their managerial representatives) that try to ensure that those impersonal and oppressive structures function independently of the will of the majority of workers (see The Money Circuit of Capital). As such, however “progressive” progressive discipline, it is still oppressive and hardly justifiable–unless using workers as means for purposes which they do not define is itself justifiable.

Article 5

Conditions générales de discipline

5.1
Conformément à la loi16 , les mesures disciplinaires applicables aux personnels des entreprises ou services s’exercent sous les formes suivantes, qui constituent l’échelle des sanctions :
– l’observation ;
– l’avertissement ;
– la mise à pied avec ou sans salaire (dans ce dernier cas pour un maximum de trois jours) ;
– le licenciement.

Conclusion

What do social democrats or social reformers have to say about such clauses in collective agreements? Here in Toronto there is no or little open discussion about such clauses or the power of managers, a minority, to dictate to workers, the majority. Do union members agree with the view that progressive discipline is indeed progressive? That it is fair? That such progressive discipline contributes to the transformation of the employer-employee relation into a relation among equals?

Such is the nature of social “democracy.”

Frankly, I doubt that social democrats and social reformers really want to discuss these issues. Nor do union officials. They hide behind such euphemistic phrases as “decent work,” “decent jobs,” “fair collective bargaining,” “fair wages,” and the like in order to prevent discussion of issues relevant to the interests of workers as a class.

Progressive discipline is better than the arbitrary discipline characteristic of non-unionized settings–but it is still oppressive and external discipline. To achieve internal or intrinsic discipline at work, it would be necessary to abolish the class power of employers.

Exposing the Intolerance and Censorship of Social Democracy, Part Four: Critique of the Idealization of Publicly Owned Infrastructure, Etc.

Introduction

This is the final post of a four-part series of posts. For the context of where the following fits into my participation and withdrawal from the organization Social Housing Green Deal, see the first part Exposing the Intolerance and Censorship of Social Democracy, Part One: The Working Class, Housing and the Police.

People’s Pandemic Shutdown

I sent the following email to Ms. Jessup at 816 a.m. (Toronto time), May 23, 2021, the same day that we were to have a general zoom meeting:

Hello Anna,
 
Attached are some questions I have about the Draft Action outline of the People’s Pandemic Shutdown. I would appreciate it if you would circultate it to others.
 
Thanks.
 
Fred

No one, as far as I am aware, ever discussed my questions and concerns. Such is the nature of the “progressive left” here in Toronto, Ontario, Canada (and undoubtedly in many other parts of the world).

The following is my inquiry and critique:

People’s Pandemic Shutdown

We Demand Everything

(Draft Action Outline)

Long Term Objective

Politically compel a wealth transfer, from police, military, and big business, into stabilizing, publicly owned infrastructure, capable of responsibly managing disease, and ensuring genuinely healthy and safe living conditions for all on Turtle Island.

Immediate Objective

Embolden communities in Tkaronto, with the moral imperative, to occupy public space, and interrupt commerce, to achieve this long term objective.

Build solidarity, by highlighting the connections among peoples’ struggles.

 

  1. Questions about “Long Term Objective”:

    a. To what are they referring when they speak of Turtle Island?

  2. What do they mean by “publicly owned infrastructure?” Current public infrastructure, such as schools and welfare services, are oppressive in many ways. Should the left be demanding the transfer of power to such oppressive structures? Or should it be demanding the simultaneous transfer to and restructuring of public infrastructure? Will this need to restructure oppressive publicly owned infrastructure be addressed?

  3. For safe living conditions for all, it would be necessary to abolish the power of employers, would it not? Is there any such demand in this document? Could such an objective be immediately achieved? Or would it require years if not decades of organization, discussion and critique?

Strategy

  • Meet with abolitionist and anti-capitalist allies to develop comprehensive demands and an outline of what our social infrastructure must look like.
  • Mutually supportive promotion of the event and of each others struggles
  • Emphasise our commitment to publicly gather, with distancing and masks, to get the infrastructure we need, for all of us to be really and truly safe.

Infrastructure/programs to Consider in our Demands

  • Health care
  • Long Term Care Homes
  • Public Education 
  • Harm Reduction 
  • Food Security
  • Social Housing
  • Disability support programs
  • Paid sick days 
  • Free Transit
  • Recreation, parks
  • Equity Based Social Work 

Questions for the “Strategy”:

  1. Who are these abolitionist allies? Anti-capitalist allies?

  2. Would not the formulation of comprehensive demands require a critique of current demands that not only fall short of comprehensive demands but include arguments or references to less comprehensive demands as fair or just, such as the phrase “$15 and Fairness?” Or “fair” contracts or collective agreements? Or “decent work” and other such phrases? Will the need to engage in critique of other, reformist positions form part of the discussion?

  3. “To get the infrastructure that we need, for all of us to be really and truly safe,” will require years and indeed decades of struggle, discussion and critique for all of us to be really and truly safe. For example, I was diagnosed twice with cancer (invasive bladder cancer, and then a few years later rectal cancer—with subsequent metastatic liver cancer). When I asked the doctor why I had cancer again despite taking measures (such as healthier eating habits), his response was: “Bad luck.” Furthermore, as the documentary “Pink Ribbons Inc.” indicates, funding for most cancer research focuses on treating cancers once they arise rather than preventing cancer in the first place. Safety at work and in the community requires us to take control over producing our lives—and that requires abolishing the class power of employers. Will that be addressed?

  4. Re Infrastructure/programs: How are these demands to be met unless we control our life process? And how are we to control our life process without abolitioning the class power of employers? Will such abolition be front and centre of the strategy?

  5. Re Health care: Is it really possible to care, not just technically, but socially and emotionally, for those in need of health care in a health-care system characterized by, on the one hand, a hierarchical division of labour of nurses’ aides, nurses and doctors and, on the other, budget restraints dictated by the overall need to ensure that there is a constant flow of profit and accumulation of capital? Furthermore, the health-care workers work for a wage. What implication does this have for providing, not health services, but health care? Will these issues be addressed?

  6. Re: Public education: Is it likely that there will be any proposal for abolishing grades or marks or notes that oppress children and adolescents? Will there be any proposal for restructuring the curriculum such that it becomes meaningful for most children and adolescents? For example, John Dewey proposed and put into practice a curriculum that centred on the common needs of most human needs—for food, clothing and shelter. Learning to read, write and to develop and understanding of science emerged through engagements with actually reproducing various forms of human lifestyles in history. In that school, there were also no grades, marks or notes. Assessment occurred, but it was for the purpose of aiding children and adolescents to improve the quality of their work and not to compare one student’s achievements with the achievements of other students.

    Or will such proposals for change merely be “add-ons” to existing oppressive public educational structures, such as those proposed by the Chicago Teachers’ Union in their document Schools Chicago’s Students Deserve?

  7. Re Social housing: As I pointed out in my email concerning 33 Gabian Way, when 23 police showed up, the situation involved social housing—which can be just as oppressive as market housing. Will the oppressive nature of such housing be addressed?

  8. Re: Paid sick days: This demand assumes the continued existence of a class of employers, does it not? It may function as a tactical demand, but it is hardly on the same level as abolitionist demands, which are strategic. Is there any indication—or will there be—that even if there are paid sick days, this will hardly be sufficient since workers as a class will still be exposed to dangers at work over which they have no or little control since it is the employers who have power over the purchase of equipment and the organization of work?

  9. Re: Equity-based social work: What does this mean? Can social work really be equity-based in the context of the class power of employers?

 

Workers’ Demands to Build Upon

  • Status for all workers
  • Paid sick days for all
  • Genuinely safe and healthy working conditions for all
  • Livable wage for all

Questions for “Workers’ Demands to Build Upon”

  1. Re: Genuinely safe and healthy working conditions for all: to achieve this objective would require the abolition of the class power of employers. If this is the case, will such a demand be raised? If so, does not such a demand oppose many among the left who seek only reform and not fundamental structural changes? Would it not be necessary to engage in criticism of those who seek only to reform the class structure rather than abolish it?

 

Foreign Policy Demands to Build Upon

  • Cease all participation in illegal wars
  • Cease all monetary support to state governments known to commit war crimes or participate in illegal occupation, including Saudia Arabia and Israel

Questions for “Foreign Policy Demands to Build Upon”:

  1. Is there such a thing as a legal war? Why the reference to illegal at all? Why the reference to “law” at all? Does not the legal system oppress us in one way or another? Will this issue be raised and discussed?

  2. Re “illegal occupation”: Is there then such a thing as a legal occupation? Same questions as in 1.

 

Draft Itinerary for Day of Action (June Xth)

  • Defunding of oppressive corporations
  • Defunding oppressive police and military

1PM Toronto Police HQ 40 College Street

-Occupy the street, banners of connected struggles, chants

-Physically distant, masks

1:30PM Walk to Bay and College

-Occupy the intersection

-We Demand Everything: speakers connect the struggles and demands

Questions for “Draft Itinerary for Day of Action”:

  1. Re: “Defunding of oppressive corporations”: If all corporations are oppressive, then is the demand really the abolition of the existence of corporations? Or does the demand just mean: “Defund particular corporations that are particularly oppressive?” There is a world of difference between the two kinds of demand. Furthermore, what does it mean to “defund” a corporation? Nationalize it? But nationalization has hardly meant democratization. Nationalized corporations can be just as oppressive and exploitative as private corporations. ‘

  2. Re: “Defunding oppressive police and military”: Does that mean that all police and military are oppressive and should be defunded? Or just particularly oppressive forms of police and military structures? If all police and military are to be abolished—would that not require the abolition of the class power of employers as well since the main function of the police is to maintain the existing social order, with its class, patriarchal and racist structures, internally? And the military’s main function is, at a minimum, to maintain the existing social order externally? (and to extend the power of the government territoriality sometimes, if need be, in order to maintain social order)? Will such a demand be forthcoming? If so, will there be simultaneous critiques of those who seek merely to reform the class power of employers but not abolish such power since those who seek only reforms themselves would oppose such an abolitionist stance?

The meeting was supposed to be at 3:00 p.m. I expected, as usual, an email zoom link to be sent before the meeting started. I did not receive any such email.

I waited until 4:38, at which time I sent the following email to Miss Jessup:

Frederick Harris
Sun 2021-05-23 4:38 PM
To:

  •  Anna Jessup
 
Hello Anna,
 
I will no longer be attending the zoom meetings.
 
Fred
 

I did not think about looking on the organization’s Facebook page since the custom since February was for Ms. Jessup to send the zoom link by email.

I was curious. Was this just a mistake in not informing me that the zoom link would be on the Facebook page? I did look at the Facebook page–and then saw that the meeting was still being held–from 3:00 p.m. until 7:00 p.m.–a double session. I was not informed about the change in zoom link location, and I was not informed about the substantial extension in the length of the zoom meeting? Why was that? There started to exist evidence that this was a conscious effort to exclude me from participating:

Screenshot (6)

Political Implications

The social-democratic or reformist left are a clique; they refuse to engage in serious inquiry about the demands they raise. If there is such criticism, they refuse to consider them, and they may even resort to censorship in order to avoid reconsidering their approach.

The Rhetoric of Unions and Social Democrats or Social Reformers

I read the following on Facebook.

It is quite typical of social-democratic or reformist unions and social democrats or social reformers in general: The use of rhetoric to justify their activities without engaging in any form of discussion or debate. All bolded words or phrases are my emphases:

Support OPSEU Local 5119 ON STRIKE at LifeLabs!

 

After organizing to join OPSEU in 2020, 150 couriers and mailroom workers at LifeLabs have run into a brick wall trying to bargain a fair first contract. Why? Because the bosses at this billion-dollar-a-year private corporation refuse to negotiate decent wages and benefits for these workers, who earn an average of just $35,000 a year.

 

That’s why since March 14 Local 5119 members have been on strike to achieve fair working conditions and a living wage. And they need our help to get LifeLabs back to the table with a fair offer!

 

Showing Our Solidarity:
Two Ways You and Your Local Can Help!

 

1) Join the Strike Rally for a Living Wage
Thursday, March 24, 10 a.m.
LifeLabs Head Office, 100 International Blvd, Etobicoke
(West of Hwy 27, South of Dixon Road)
Bring your OPSEU flags & noisemakers!
Join, like & share the Event on Facebook
For info contact Local 5119 President Mahmood Alawneh, 647-333-5555, raneentrading@gmail.com

 

2) Donate to the Local 5119 Strike Fund
As a brand-new local, L5119 doesn’t have a reserve fund to support their members during the strike. So, OPSEU has put out a call to other locals to show our solidarity by donating to the Local 5119 strike fund.
For info and to donate, contact Local 5119 Treasurer Maria Calingaon at maria_calingaon@yahoo.ca
I certainly support such striking workers, but the rhetoric needs to be constantly criticized.  I replied: 
 
Fred Harris

 

What are “decent wages and benefits?” This phrase is simply rhetoric used by the social-democratic or social-reformist leftists without thinking about the meaning of the phrase. For example, does not working for an employer involve agreeing to be used by the employer for purposes or ends that the workers do not define? If so, what wage and benefit can convert this situation into “decent?”

 

The same could be said about the rhetorical phrase “fair working conditions.” To work for an employer in the public o private sector is inherently unfair, so why the rhetoric of “fair working conditions?” This is an uncritical and unthinking phrase bandied about by the social-democratic or social-reformist left without any thought or discussion about whether it is true or can be true in the context of a society dominated by the class power of employers.

 

The same could be said about a “fair offer.”

 

On my blog, I have already showed how the rhetoric of “fair contracts” or “fair collective agreements” is consistently expressed by the largest unions in Canada: CUPE, Unifor and NUPGE. They are ideologues for employers–not against them. To claim that any employment contract is somehow fair when workers are faced with the “management rights” is simple nonsense–and many workers know it (even if they do not want to admit it). That is one reason why unions are losing ground–because they cannot face up to the limitations of collective agreements and collective bargaining–and a realistic assessment of their limitations is a first step in achieving real fairness, not rhetorical fairness that contributes to the perpetuation of unfair working conditions–the unfair working conditions of having to work for an employer (not a particular employer) in the first place.
To which the sender and anyone else who read the post responded: Nothing. The silence of the social-democratic or reformist left concerning the meaning of “fair wages,” “decent work,” and similar rhetoric is deafening. Why do they insist on using such rhetoric? Are they bullshitting the workers? If not, why do they not elaborate on what they mean by fair first contract etc.? What makes it fair? What would an unfair contract involve? How does a fair contract exist when workers face management rights implicitly or explicitly (I have provided explicit management rights clauses from various collective agreements on this blog (see for example Management Rights, Part One: Private Sector Collective Agreement, British Columbia .I eventually incorporated  them with into a post where I calculated the rate of exploitation. See for example 
 
In another post, I challenged the social-reformist left to justify their continual use of the rhetorical phrases that they use. See Management Rights, Part Nine: Is A Collective Agreement that Involves Management Rights and the Exploitation and Oppression of Workers a Fair Contract?
 
Are union reps bullshitting workers by using such phrases? If so, should their rhetoric not be challenged? 

Economics for Social Democrats–but not for the Working Class, Part Two: Critique of Jim Stanford’s Theory of Money, Part Two

Introduction

In a previous post (Economics for Social Democrats–but Not for the Working Class, Part Two: Critique of the Social Democrat Jim Stanford’s Theory of Money, Part One), I questioned Mr. Stanford’s theory of money as purchasing power, as well as his implied reduction of Marx’s critical dual or twofold theory of commodities to a labour theory of value. I showed that Mr. Stanford fails to explain why money has a monopoly power of immediate purchasability.

In a subsequent post, I also showed how Stanford’s inadequate theory of money leads him to assume a “real economy” that is somehow independent of the process of producing value (and surplus value) and consequently his false conclusion that there is not a trade-off between the economy and the health of workers (in the context of the pandemic, but this trade-off applies generally in the context of a society dominated by a class of employers). (See Economics for Social Democrats–but not for the Working Class, Part Three: The Health and Safety of Workers and an Economy Dominated by a Class of Employers Are at Loggerheads). 

In this post, I will further develop the importance of the nature of money as “purchasing power,” in particular how this power (and the lack of such power at the level of commodities) involves or entails a process that escapes the control of the participants in the exchange process.  

The Expression of the Dual Nature of the Commodity Requires a Double Movement of Sale and Purchase 

I will assume the reader has read the first post on money and therefore is familiar with the dual nature of both the labour that produces commodities and the dual nature of commodities.

The real expression of the dual nature of commodities is expressed in a dual movement, from commodities (represented by C) exchanged for money (represented by M), which is the realization of the value of the commodity, and the opposite movement of the conversion of M into C, which is the realization of the use value, not of the original commodity, but of use values for the original owner of the commodity. The whole movement is thus: C-M, and M-C, or C-M-C, where the dash represents an exchange.

From Capital: A Critique of Political Economy. Volume 1:Capital, pages 199-200:

Let us now accompany the owner of some commodity, say our old friend the linen weaver, to the scene of action, the market. His commodity, 20 yards of linen, has a definite price, £2. He exchanges it for the £2, and then, being a man of the old school, he parts for the £2 in return for a family Bible of the same price. The linen, for him a mere commodity, a bearer of value, is alienated in exchange for gold, which is the shape of the linen’s value, then it is taken out of this shape and alienated again in exchange for another commodity, the Bible, which is destined to enter the weaver’s house as an object of utility and there to satisfy his family’s need for edification. The process of exchange is therefore accomplished through two metamorphoses of opposite yet mutually complementary character – the conversion of the commodity into money, and the re-conversion of the money into a commodity. The two moments of this metamorphosis are at once distinct transactions by the weaver- selling, or the exchange of the commodity for money, and buying, or the exchange of the money for a commodity – and the unity of the two acts: selling in
order to buy.

The end result of the transaction, from the point of view of the weaver, is that instead of being in possession of the linen, he now has the Bible; instead of his original commodity, he now possesses another of the same value but of different utility. He procures his other means of subsistence and of production in a similar way. For the weaver, the whole process accomplishes nothing more than the exchange of the product of his labour for the product of someone else’s, nothing more than an exchange of products.

The process of exchange is therefore accomplished through the following changes of form:

Commodity-Money-Commodity
C-M-C

As far as concerns its material content, the movement is C-C, the exchange of one commodity for another, the metabolic interaction of social labour, in whose result the process itself becomes extinguished.

The Escape of the Whole Process of Simple Circulation from the Control of the Participants with the Emergence of Money 

In the external measure of the value of commodities via money as measure, there is, indeed, all commodities on one side and money on the other side, but in the actual exchange of commodities with money (money as a means of purchase or as a means of circulation) this is not the case; on the contrary, there is necessarily a separation in space and time between the act of sale (realization of the value of the commodity in money) and the realization of money in various use values (purchase).

The unity of value and use value, hidden in the commodity, is expressed as mutually exclusive and external forms of sale and purchase so that crisis becomes a possibility as the gap between the realization of the value of a commodity and the realization of use values of an equivalent value becomes intensified. The whole process is what Marx calls simple circulation, and this process escapes the control of the participants in the exchange process.

To make the following a little easier to follow, we can consider the following: 

  1. The owner of linen wants to sell the linen in order to buy a Bible.
  2. The owner of money who buys the linen obtained the money by selling wheat. 
  3. The owner of the Bible sells the Bible to the former linen owner in order to buy brandy (but the brandy does not directly figure in the total metamorphosis or total exchange of the linen for the Bible since we end with the Bible owner possessing money and the linen owner possessing the Bible.
  4. At the beginning of the total exchange process, the linen owners owns the linen (a use value for others) but does not want it.
  5. At the end of the total exchange process, the former linen owner now owns a use value useful to her (and the linen also is useful for the farmer, the former owner of wheat). 
  6. The money stops circulating for the moment at the end of the process with the former owner of the Bible aiming to purchase some brandy (but not yet doing so). 

Pages 207- 209: 

The circulation of commodities differs from the direct exchange of products not only in form, but in its essence. We have only to consider the course of events. The weaver has undoubtedly exchanged his linen for a Bible, his own commodity for someone else’s. But this phenomenon is only true for him. The Biblepusher, who prefers a warming drink to cold sheets, had no intention of exchanging linen for his Bible; the weaver did not know that wheat had been exchanged for his linen. B’s commodity replaces that of A, but A and B do not mutually exchange their commodities. It may in fact happen that A and B buy from each other, but a particular relationship of this kind is by no means the necessary result of the general conditions of the circulation of commodities. We see here, on the one hand, how the exchange of commodities breaks through all the individual and local limitations of the direct exchange of products, and develops the metabolic process of human labour. On the other hand, there develops a whole network of social connections of natural origin, entirely beyond the control of the human agents. Only because the farmer has sold his wheat is the weaver able to sell his linen, only because the weaver has sold his linen is our rash and intemperate friend able to sell his Bible, and only because the latter already has the water of everlasting life is the distiller able to sell his eau-de-vie. And so it goes on.

The process of circulation, therefore, unlike the direct exchange of products, does not disappear from view once the use-values have changed places and changed hands. The money does not vanish when it finally drops out of the series of metamorphoses undergone by a commodity. It always leaves behind a precipitate at a point in the arena of circulation vacated by the commodities. In the complete metamorphosis of the linen, for example, linen-money-Bible, the linen first falls out of circulation, and money steps into its place. Then the Bible falls out of circulation, and again money takes its place. When one commodity replaces another, the money commodity always sticks to the hands of some third person.  Circulation sweats money from every pore.

Circulation bursts through all the temporal, spatial and personal barriers imposed by the direct exchange of products, and it does this by splitting up the direct identity present in this case between the exchange of one’s own product and the acquisition of someone else’s into the two antithetical segments of sale and purchase. To say that these mutually independent and antithetical processes form an internal unity is to say also that their internal unity moves forward through external antitheses. These two processes lack internal independence because they complement each other. Hence, if the assertion of their external independence proceeds to a certain critical point, their unity violently makes itself felt by producing – a crisis. There is an antithesis, immanent in the commodity,
between use-value and value, between private labour which must simultaneously manifest itself as directly social labour, and a particular concrete kind of labour which simultaneously counts as merely abstract universal labour, between the conversion of things into persons and the conversion of persons into things*; the antithetical phases of the metamorphosis of the commodity are the developed forms of motion of this immanent contradiction.

A Limitation of Stanford’s Definition of Money as Purchasing Power: A Lack of Control Over the Total Social Process of Exchange

Stanford, by not linking the purchasing power of money to the dual oppositional nature of labour and commodities characteristic of a capitalist society, fails to address the loss of control over the total process of exchange by the participants in exchange. This loss of control is linked to what Marx called commodity fetishism, where things produced by workers gain independent power over the producers. 

The issue of commodity fetishism will, however, be addressed in another post in this series. Commodity fetishism is both a process of the exchange process becoming independent of the participants in that process and the resulting independence not only appearing to be attributes of things rather than social attributes originating from the producers themselves but actually being social attributes. The issue also has to do with the further development of commodity fetishism in the forms of money fetishism and  capital fetishism, where the process increasingly takes on an independent form that not only escapes the control of workers but increasingly controls their lives. The internal opposition between abstract labour and concrete labour then becomes a nightmare for workers as their own working lives are used against them to exploit and oppress them.

This commodity fetishism  is a process of the products of social labour coming to dominate the producers rather than vice versa. This appears to be and in some senses is independent of the workers.

Hence, Stanford, by failing to link his definition of money to a dual theory of labour and commodities, fails, in other words, to understand the essential relation between the nature of money as purchasing power and the domination, oppression and exploitation of workers on the basis of their own social labour becoming independent of them in exchange and ultimately controlling them at work. 

Conclusion

Mr. Stanford’s theory of money as “purchasing power” is inadequate because it fails to deal with the dual nature of labour and the dual nature of commodities, and this dual nature generally involves a temporal and spatial split between the realization of the value of the commodity and the realization of the use value of the commodity (in the form of many use values). This split leads, in the first instance, to the creation of an exchange process that escapes the control of the participants in that process; it also leads to the possibility of an economic crisis.

Ultimately, it leads to a production process that not only escapes the control of the participants in exchange but also of the producers, leading to their domination and exploitation. That may be  shown in further posts, however. 

Law (the Legal System) and the Coercive Power of Employers as a Class

Introduction

It is interesting how little discussion arises over the nature of the legal system and how it contributes to the exploitation, oppression and economic coercion of billions of workers throughout the world. Unions rarely if ever discuss such issues–it is considered to be utopian at best–whereas unions dealing with the “real” problems that workers face every day. Representatives of unions really need to justify their lack of interest in, on the one hand, addressing such issues and, on the other hand, in failing to incorporate a critique of the legal system into trade-union education.

All Corporations as Criminals–Not Just Some, Or: Definition of the Problem

Below is a set of quotes, along with some commentary, from Professor Harry Glasbeek’s (2018) book Capitalism: A Crime Story. Glassbeek points out in various ways that the employment contract, whether individual or collective, involves coercion:

Every contract of employment, supposedly voluntarily entered into by workers, imposes a legally enforceable duty on workers to obey, a duty to exercise reasonable skill and care, a duty of good faith and loyalty. The worker is not to talk back, let alone rebel; the worker’s only goal is to serve her employer and its goals. This is deeply embedded in our supposedly liberal legal system. As Otto Kahn-Freund put it, the lawyer acknowledges that the hallmark of employment relationships is the element of subordination to which one party, the employee, is said to agree. Canada’s Task Force on Labour Relations baldly stated that a superior-inferior nexus is the distinguishing characteristic of the employment relationship.46 Even when workers can protect themselves better by having won the right to engage in collective bargaining (obviously a departure from the individual contract model), workers are required to obey all reasonable orders the employers issue. The notionally sovereign, autonomous workers are repeatedly and expressly told that the workplace is not a debating society. Coercion of individuals and appropriation of their product remain salient features of legally enforceable contracts of employment, even when laws are passed to alleviate the burdens imposed by its judicially developed doctrines.48

Force and taking—it is the norm. It is not hard to see this if law’s pretenses are unmasked. Take our illustrative mugger who threatens a person with force: the law is sanguine. He is a criminal. The employer who threatens a worker with wage loss if she insists on having clean lungs is treated, by means of a legal pretense, as merely negotiating terms and conditions of a contract (including those of safety at work) with another equally sovereign party. This is a momentous and absurd assumption. Yet, all occupational health and safety regulation begins with this premise, that is, with the initial thought that, whenever possible, safety at work should be left to bargaining between private (if unequal) actors. I will come back to this issue, but the implications are dire for workers. For the moment, I return to my claim that it is patently false to assert that workers enter voluntarily into contracts of employment. Workers have no choice about whether to sell their labour power [their capacity to work or to use the means of production, such as computers and other machines and tools]; if they are lucky they can choose among some purchasing capitalists. They must sell parts of themselves. That is their only freedom, a freedom that is best described as a freedom they are forced to exercise, an oxymoronic idea if there ever was one.

This coercive economic system and its indirectly coercive political and legal system can have deadly consequences, to which legislators have to pay lip service (as the Westray mining murders illustrate:

Legislators may have to overcome stiff opposition from the dominant class’s opinion moulders, but will act to still the palpable public unrest. They feel under pressure to reassure the non-capitalist public that politicians, policy-makers, and the law do truly care about life and the social values by which non-capitalists want, and expect, to live.

Canada’s Westray mining tragedy provides an easy illustration. Before the mine blew up, there had been fifty-two violations of mining safety regulations detected by the inspectorate, none of them leading to punishment. In the aftermath of the deaths of twenty-six workers (no employers or managers, of course), a public inquiry was established. The findings were that the operators had been incompetent at best and, at worst, heedless of human life. Note here that, while the violations of the regulations provided evidence for such findings, it was not the lack of obedience to the resultant orders for breaches of those
standards that got everyone angry. It was the business plan and the daily modus operandi of the mine owners that was seen as repellent, as worthy of criminalization. This was explicitly supported by the authoritative commission of inquiry. Its recommendation was that, if the law did not allow for criminal prosecution of corporations and of their senior operators for this kind of conduct, it should be reformed. After a lengthy battle (capitalists, their corporations, and their ideological defenders did not like this turn of events), legislation was enacted. It makes it possible to criminalize the omission to take action when it is reasonable for some senior officers to believe that it is likely that there will be a
failure to take adequate care (calibrated by regulations or general legal principles). This gradual realization that the usual exceptional legal treatment of capitalists and their corporations needs to be reined in from time to time is not jurisdictionally specific. Analogous legal reforms have been initiated in some Australian jurisdictions and a somewhat less sweeping statute was enacted in the U.K.

These recognitions that heedless risk-creation and risk-shifting, so natural, so routine to for-profit corporations, is potentially criminal in nature and might be so treated go against the grain, go against the starting premise that capitalism’s normal workings involve virtuous actors, using innocent substances and methods that may occasionally lead to unfortunate “accidents” and “spills.” The resistance mounted by capitalists and their corporations’ cheerleaders has been forceful and, thus far, has blunted the impact of the new criminal law reforms. In Canada, after ten years of operation, there has only been one prosecution in respect of fatalities at work per year, even though the number of fatalities has remained constant. The calculation is that there is a 0.1 per cent chance that a prosecution will be launched after a workplace death. That this was always going to be true can be gleaned from the fact that all these reforms took ages to put on the statute books (in Canada close to eleven years; the Australian Commonwealth statute took a similar twelve years to be given life), despite officialdom’s caterwauling about the tragic nature of the results that had led to them.

The powers-that-be continue to believe in their internalized make-believe view that it is not unethical, not criminal, for practising capitalists to undertake actions that they know, or should know, will lead to a certainty of death or other unacceptable outcomes. Thus, when confronted by policy-makers under pressure to confirm that we still live in a liberal democratic society and should punish capitalists as if they were ordinary folk, they ask everyone not to be romantic. Pragmatism is to rule. Principle is a luxury. The liberal spirit of law must be bent to allow capitalists and their corporations (and thereby all of us) to flourish. It is not a very convincing argument on which to base a legal system. At best, it is
amoral; it asks that we should be willing to suspend our ethical goals for the sake of expediency. In any event, this demand, based as it is on the notion that the suspension of our adherence to our shared values and norms is a practical response to real-world circumstances, is not backed by any sound evidence. What is certain, however, is that the tolerance for amorality, or worse, for ethical and moral failures, does nothing for the social cohesion that any society must have to flourish.

Some Proposed Solutions to the Criminal Nature of Corporations–and the Probable Resistance of Social Democrats to Such Solutions

Academics, like Professor Glasbeek, who are critical of the legal system and are aware of its class biases sometimes naively believe that those who claim to be opposed to capitalism are in fact opposed to it. For example,  Professor Glasbeek argues the following:

It would be politically useful to shift the nature of the debate. It should become a debate about whether corporate capitalism actually delivers the good it promises and that this permits it to justify asking society to bear the occasional “malfunctioning” of the system. If this can be done, anti-capitalist activists might find themselves on a more favourable terrain of struggle. Pro–corporate capitalism advocates will have to show that the material wealth capitalists and their corporations produce outweighs the dysfunctionalities generated by their ceaseless drive for more. The uneven distribution of wealth and power, the many physical and psychic injuries inflicted by the chase for profits, the rending of the values and norms by which people other than capitalists believe they should live, all can be listed and elaborated to offset the satisfaction we are supposed to evince because, in the aggregate, monetary wealth is growing ever so nicely. Making this a focus of the attack on capitalists and their corporations can reveal that their reliance on the argument that “the most wickedest of men [doing] the wickedest of things” is a proper means to deliver the “bounty” of economic growth that we supposedly need and crave is inane, perhaps even insane. An argument that their calculation of wealth does not speak of a kind of wealth that meets the aspirations of human beings who want to live in a more altruistic, more compassionate, more ecologically nurturing society can be put on the agenda.

I fail to see how such an agenda is really being promoted here in Toronto by the so-called progressive left. The progressive left talk about “fair contracts,” “good jobs,” and the like. Indeed, it is interesting how social democrats, ultimately, idealize law and the legal system. Thus, trade unionists here in Toronto, such as Tracy McMaster (union steward, organizer, former vice president, Ontario Public Service Employees Union (OPSEU) local 561 and Wayne Dealy (executive director, Canadian Union of Public Employees (CUPE) local 3902), who refer to a fair contract, indirectly idealize the legal system. They assume that there can be such a thing as a fair contract (including, of course, a collective agreement). The legal system, however, is not only “imperfect” (to use one of Ms. McMaster’s euphemistic terms) but riveted with biases against workers and the working class.

What are Wayne Dealys, Tracy McMasters of the world  doing to enlighten workers about the unfairness of contracts and the unfairness of a society characterized by the power of a class of employers? Or are they more concerned with idealizing collective agreements and minimizing the imperfections in collective agreements and the legal system of which collective agreements form a part?

What would the Dealy’s and McMaster’s say, not rhetorically but practically, about Professor Glasbeek’s following assertion:

This led to legislative interventions to “even up” the bargaining game. We now allow some unionization; we now provide some legislated standards if workers cannot win socially acceptable terms by their own free and voluntary dealmaking. The scope and kind of these protections wax and wane as political and economic fortunes change. When wins are recorded, they are significant worker friendly add-ons to what unmodified employer favouring law offers. But because they are add-ons, many of the legislative gains made by the working class are impermanent. The essentially coercive nature of employment remains intact. Still, the fact that there have been many reforms, that is, many interferences with free contract-making, may suggest to some that the continued significance of the ideological and instrumental impacts of the individual contract of
employment is overstated in the argument presented here. To many observers, the contention that workers are making autonomous choices when entering employment contracts holds up because, in the advanced economies where Anglo-American laws rule, many of us (after 180 or so years of fierce struggles) have some protections against the legalized right of employers to use their wealth as a bludgeon. It is fair to say that the modernized employment relationship looks more benign than it did, but this may only mean that its coercive nature is more insidious, less easily seen. This may make matters
worse….

The fact is that law maintains the basis for a deeply unequal relationship between employers and workers, even when this is sugar-coated by contingent gains made by the working class.

Social reformists and social democrats not only would likely ignore Professor Glasbeek’s analysis of the problem, but they would likely reject out of hand his proposed solutions. For instance, consider Professor Glasbeek’s following proposal:

The characterization of corporations as sovereign individuals with their own agendas is not defensible and should be confronted constantly. Conceptually and materially, they are collectives endowed with disproportionate economic and political powers that benefit the contributors of capital to their coffers. Corporations are instruments designed to satisfy capitalists’ drive for more. Their misbehaviours should be attributed to capitalism as a system and capitalists as people. Anti-capitalist activists and critics should not permit themselves to be distracted by legal proposals to reform corporations or by engaging with movements designed to persuade corporations to be more socially responsible. If, as argued here, capitalism is criminal in nature, it follows that, when they flout ethical and moral norms embedded in law or violate legally mandated standards, corporations are doing what comes naturally to red-blooded human capitalists and what they want their corporations to do. Given the frailty of the legal reasoning that bestows legal personality on an artificial being and that limits fiscal liability and removes legal responsibility from those who hide behind the novel legal person, anti-capitalist activists and critics would do well to argue for the abolition of corporations and hold their controllers’ feet to the fire. An extended and cogent argument to this effect has been made by Steve Tombs and David Whyte in their recent work, The Corporate Criminal.

Conclusion

I know of no social-democratic leftist individual in Toronto who seriously is working towards the abolition of corporations. They consider such talk to be absurd–in practice, although in theory they may pay lip-service to it. They certainly do not teach the decidedly opposite interests of workers and employers. Quite to the contrary. They often paper over such opposition by the use of such phrases as “fair contracts,” “fair collective agreements,” “fair wages,” “decent jobs” and the like.

I invite social reformists or social democrats to engage seriously in creating a movement for the abolition of corporations, in Toronto and elsewhere. Relying ultimately on the legal system to defend us is bound to end up in limited gains and the continued coercion, exploitation and oppression of millions upon millions of workers.

Of course, given my own experiences with social reformers or social democrats, I suspect that they will continue to ignore the systemic real experiences of class oppression, class exploitation and class coercion. In such circumstances, they need to be criticized constantly.

Critical Education Articles Placed in the Teacher Staff Lounge While I Was a Teacher, Part Ten: Intrinsic or Internal Discipline Versus Extrinsic or External Discipline

This is a continuation of earlier posts.

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.

Good morning, everyone.

I sent the attached article to the ESJ Ning last night. I prefaced it with the following:

The author (John Rich) of the following article, “John Dewey’s Contribution to School Discipline,” provides a summary of John Dewey’s views on discipline. Discipline for Dewey is the creation of effective means (habits) by children, adolescents and adults for the realization of specific ends and the evaluation and testing of ends in light of the required means to achieve those ends.

Dewey recognized two other conceptions of discipline: the essentialist conception, typical of many schools today, considers discipline as something to be imposed on children and adolescents which will somehow magically result in the internationalization of control over means and ends. On the other hand, the progressive conception conceives discipline as something purely internal, which children and adolescents already possess. Dewey attempted to steer a middle-path, defining discipline as both internal and external: beginning in the child or adolescent but ending in the environment in such a way that both moments (the subjective and the objective) are reconstructed in the process so that means and ends correspond to each other.

The author does point out that others have criticized Dewey’s conception of discipline as requiring a school community pursuing social occupations; however, this criticism is less a criticism of Dewey’s theory and more a criticism of the modern school system, with its bureaucracy and its authoritarian structures. Modern school structures—and their representatives—tend towards the essentialist point of view—even when the progressive view is espoused. In particular, modern school structures are often more disciplinary towards poor students and students of colour since both tend to oppose the modern school structures threw “misbehaviour.”

If the reality of discipline in schools is essentialist and hence oppressive for poorer students and for students of colour, do not teachers who are concerned with equity and social justice have an obligation to oppose actively such structures and to fight for modern school structures that develop the capacity to realize real discipline—as defined by Dewey?

Or is the concern for equity and social justice subject to the convenience of the teachers and not to the objective conditions for realizing equity and social justice?

Fred

Fair Contracts or Collective Agreements: The Ideological Rhetoric of Canadian Unions, Part Four: The National Union of Public and General Employees (NUPGE) (The Second Largest Union in Canada)

Since in this blog I have often referred to particular union reps referring to collective agreements as fair in some way, I thought it would be useful to provide further examples of this rhetoric to substantiate the view that unions function as ideologues for the continued existence of employers–even if the unions are independent of the power of particular employers and hence represent independently the workers in relation to the particular employer of the workers.

I have already provided a series of examples in this series on their view of the fairness of collective agreements and collective bargaining, implied or expressed explicitly, specifically the Canadian Union of Public Employees (CUPE) (the largest union in Canada) and Unifor (the largest union of workers who work for employers in the private sector) (see Fair Contracts (or Fair Collective Agreements): The Ideological Rhetoric of Canadian Unions, Part One and Fair Contracts or Collective Agreements: The Ideological Rhetoric of Canadian Unions, Part Three: Unifor (Largest Private Union in Canada)).

I now proceed to provide evidence for the ideological role of The National Union of Public and General Employees (NUPGE), which was, in 2015, the second largest union in Canada, with 360,000 members.

  1. The following is dated December 15, 2011 https://ww.nupge.ca/content/opseu-developmental-service-workers-demand-fair-contract):

Members of the Ontario Public Service Employees Union (OPSEU/NUPGE) who work at Montage Support Services voted 100 per cent in favour of strike action if the employer refuses to offer a fair contract at the bargaining table [my emphasis].

The employer has proposed a large reduction to the payment of benefit premiums for full-time workers, unreasonable increases in probationary periods for new hires, language that would dismiss a worker for missing a single shift and increasing the length of time that discipline can be imposed. The Union is asking for pay equalization for its members who do equal amounts of work and only very small wage increases to offset the cost of living.

2. Dated September 6, 2012: The following is taken from https://nupge.ca/content/campaign-launched-support-women-working-elizabeth-fry-toronto-negotiate-contract

Toronto (06 Sept. 2012) – Workers at Elizabeth Fry Toronto have been without a contract since March 31, 2011. The employer is insisting on concessions that will cut benefits and job security for casual and contract workers.

The Ontario Public Service Employees Union (OPSEU/NUPGE), the union which represents the workers, is encouraging the concerned public to contact Elizabeth Fry Toronto’s executive director Michelle Coombs with the message, “stand up for women at Elizabeth Fry Toronto!”

These workers have been trying to negotiate a fair and reasonable contract for over 15 months. [my emphasis]

3. Dates 2014 (https://nupge.ca/content/mgeu-members-uwsa-heading-conciliation-amid-concessionary-bargaining):

MGEU members at UWSA heading to conciliation amid concessionary bargaining

MGEU/NUPGE members hope conciliation will help achieve a fair and reasonable settlement.

Winnipeg (14 April 2014) — Members of the Manitoba Government and General Employees’ Union (MGEU/NUPGE) who work at the University of Winnipeg Students’ Association have requested the help of a conciliation officer to reach a new contract.

UWSA looking for major concessions in bargaining

Members began negotiations with UWSA Inc. on February 12, 2014. However, it was immediately clear from the employer’s proposals that they were intent on attacking the rights of workers covered by the collective agreement.

Among the many proposed cuts to benefits and changes inn contract language, the UWSA is seeking to remove maternity leave top-up, respite days, and bereavement leave travel time. At the same time, they want to increase hours of work and reduce sick leave and vacation benefits. The employer’s representatives have defined this process as “normalizing” or “resetting” the current contract. MGEU/NUPGE negotiators say it represents the elimination of years of hard work and fair negotiation by severely weakening the rights of members covered by this agreement. [my emphasis]

Looking to conciliation for assistance in reaching a fair deal

In response, the MGEU/NUPGE bargaining committee presented a package to the employer on April 9, identifying what members felt was a fair deal [my emphasis]. The employer rejected the deal that same day and asked if the union members would be willing to submit a joint request for conciliation. MGEU/NUPGE representatives agreed and both parties made separate applications to the Minister of Labour and Immigration to appoint a conciliation officer to help reach a new collective agreement.

The date for conciliation has been tentatively set for April 24.

NUPGE

The National Union of Public and General Employees (NUPGE) is one of Canada’s largest labour organizations with over 340,000 members. Our mission is to improve the lives of working families and to build a stronger Canada by ensuring our common wealth is used for the common good. NUPGE

NUPGE Components

4. Dated October 13, 2015 (https://ww.nupge.ca/content/gawronsky-delivers-%E2%80%9Cstill-without-contract%E2%80%9D-petitions-provincial-ministers). The following attributes to members the desire for a fair collective agreement. It is of course possible that members do attribute fairness to a collective agreement–but it is possible that they may not. Union leaders may simply ascribe–falsely–their own beliefs to the beliefs of the members. Furthermore, even if most members did believe that a collective agreement was fair, did they discuss the issue thoroughly in order to have an informed judgement? Did they discuss whether it was fair to work for employers in general? Did they discuss why workers have to work for employers? If not, should there not be such discussion before claiming that union members want a fair contract? 

Gawronsky delivers “Still Without a Contract” petitions to provincial ministers

“MGEU members have been very frustrated by the government’s ongoing foot dragging in negotiations.” — Michelle Gawronsky, MGEU President

Michelle Gawronsky (centre) presents Greg Dewar, Minister of Finance, and Kerri Irvin-Ross, Minister responsible for the Civil Service, with the MGEU’s “Still Without a Contract” petition signatures.

Winnipeg (13 Oct. 2015) — This past summer the Manitoba Government and General Employees’ Union (MGEU/NUPGE) turned up the heat on the provincial government to get a fair deal for thousands of its members who have been without a contract for more than a year — and, in some cases, more than two years. [my emphasis]

Members want a fair and reasonable offer

“MGEU members have been very frustrated by the government’s ongoing foot dragging in negotiations. It’s been an issue at our largest table (Civil Service), as well as at many other bargaining tables,” says MGEU President Michelle Gawronsky.

“Members are tired of it. They want to see some action; they want to see a fair and reasonable offer.” [my emphasis]

Strong support for online petition

In response, the MGEU developed an online petition this summer, collecting 5,787 signatures in support.

On October 9, 2015, Gawronsky and MGEU 1st Vice-President Wayne Chacun, delivered those petition signatures to Greg Dewar, Minister of Finance, and Kerri Irvin-Ross, Minister responsible for the Civil Service (both pictured above), as well as to Erna Braun, Minister of Labour and Immigration, and Drew Caldwell, Minister of Municipal Government.

“The government has said they’re willing to return to the Civil Service bargaining table. But returning to the table, and returning to the table with a fair and reasonable offer, are two very different things and it’s our job to make sure that message is sent loud and clear.”

NUPGE

The National Union of Public and General Employees (NUPGE) is one of Canada’s largest labour organizations with over 360,000 members. Our mission is to improve the lives of working families and to build a stronger Canada by ensuring our common wealth is used for the common good. NUPGE

5. Dated August 18, 2017   (https://ww.nupge.ca/content/nsgeu-members-sherbrooke-village-rally-fair-contract-0):  

NSGEU members at Sherbrooke Village rally for fair contract

“They are proud to be part of the fabric of the local community and the nearby counties. It’s time their hard work and dedication to their jobs be acknowledged with a fair collective agreement.” — Jason MacLean, NSGEU President [my emphasis]

Halifax (18 Aug. 2017) — The people who help bring Sherbrooke Village to life for residents and visitors to come, learn, and explore the history of this community held an information picket at the entrance gate to Sherbrooke Village on August 17. 

Sherbrooke Restoration Commission hasn’t addressed members concerns at bargaining table

 As members of the Nova Scotia Government & General Employees Union (NSGEU/NUPGE), they wanted to raise awareness of their fight for a fair contract with their employer.

“Our members provide a one-of-a-kind, authentic historical experience for visitors to the area with their historical knowledge and skills,” says Jason MacLean, NSGEU President. “They are proud to be part of the fabric of the local community and the nearby counties. It’s time their hard work and dedication to their jobs be acknowledged with a fair collective agreement.” [my emphasis]

The 73 members work in administration, historical interpretation, costumes, crafts, marketing and promotions, trades, security, and maintenance, and many other occupations at the Village.

The Sherbrooke Restoration Commission, the employer, put forward a final offer at the bargaining table on July 20 without addressing many of the members’ concerns.

The NSGEU/NUPGE filed for conciliation and both sides met with a Conciliation Officer on August 16. 

6. Dated November 2, 2017 (https://ww.nupge.ca/content/new-brunswick-union-supports-introduction-first-contract-arbitration): 

New Brunswick Union supports introduction of first contract arbitration

We applaud government for coming forward with these changes. We believe this is a reasonable approach, one that will help both employers and workers alike.” — Susie Proulx-Daigle, NBU President

Fredericton (02 Nov. 2017) — The New Brunswick Union (NBU/NUPGE) is pleased to see that the provincial government has committed to bringing changes to the Industrial Relations Act to usher in first contract arbitration.

First contract arbitration will no longer allow management to prolong negotiations

In New Brunswick, arbitrations are not available to unions seeking a first contract if a deal cannot be reached with management.

First contract negotiations are often prolonged, so having the legal ability to use an independent third party to help resolve outstanding issues will help both the employer and union negotiate a fair first contract in a timely manner. [my emphasis]

The NBU/NUPGE has been pushing for this change for quite some time. During its most recent biennial convention, delegates voted unanimously in favour of a resolution for the union to advocate legislation on first contract arbitration.

The change would bring New Brunswick in line with the rest of the country, with the exception of Prince Edward Island.

“We applaud government for coming forward with these changes,” said Susie Proulx-Daigle, NBU President. “We believe this is a reasonable approach, one that will help both employers and workers alike.”

7. This is taken from a June 11, 2018 post (https://ww.nupge.ca/content/workers-vote-strike-gateway-okanagan-casinos-bcgeu): 

Workers vote to strike at Gateway Okanagan Casinos: BCGEU

An astounding 93.1 per cent vote in favour of strike action.

Vancouver (11 June 2018) — Over 675 members of the B.C. Government and Service Employees’ Union (BCGEU/NUPGE) working at Gateway Casinos in the Okanagan voted overwhelmingly in favour of taking strike action against their employer.

In a vote held from June 4 to 6, over 88 per cent of Gateway staff in casinos in Kelowna, Kamloops, Penticton and Vernon came out and voted 93.1 per cent in favour of taking strike action.

“Gateway workers in the Okanagan are sending a clear message to their employer: they will not settle for less than the fair wages, benefits and respect they deserve,” says Stephanie Smith, BCGEU President. [my emphasis]

Gateway Casino refuses to offer comparable wages

Negotiations for a new collective agreement broke off in May after the employer refused to offer wages and benefits that are industry standard at comparable casinos.

Smith says the employer’s offer is unacceptable. “The wages Gateway are offering won’t even keep ahead of the planned minimum wage increases.”

“These workers are the heart of their casinos. Gateway is a successful company in a highly profitable industry — they can afford to pay their workers what they are worth.”

Workers just want a fair contract

Strike preparations are now underway, and workers are set to walk off the job unless they receive a new proposal from the employer. 

“Gateway Casino workers in the Okanagan are ready to do whatever it takes to get a fair contract with their employer — including strike, if necessary,” says Smith. [my emphasis]

Gateway’s Okanagan staff have been trying to negotiate a new collective agreement since the last one expired in September 2017. 

8. Like an earlier reference, the following claims that the members are seeking a fair agreement–a debatable claim. Dated August 2, 2018 (https://ww.nupge.ca/content/strike-mandate-given-sgeus-public-servicegovernment-employment-negotiating-committee): 

Strike mandate given to SGEU’s Public Service/Government Employment Negotiating Committee

Upon returning to the bargaining table, the government was unwilling to negotiate. It was their unwillingness that brought about the need for a strike vote.

Regina (02 Aug. 2018) —  Saskatchewan Government and General Employees’ Union (SGEU/NUPGE) members of the Public Service/Government Employment (PS/GE) bargaining unit have given their Negotiating Committee a strike mandate. The vote was conducted across the province throughout July.

SGEU/NUPGE public service members looking for fair agreement

“This mandate sends a strong, clear message to government that our members are serious about achieving a fair and reasonable collective agreement that protects their rights and improves their wages and benefits,” said Barry Nowoselsky, Chair of the PS/GE Negotiating Committee. [my emphasis]

“A mandate from the members to strike does not mean there will be immediate job action. The negotiating committee is willing to return to the bargaining table as long as the employer is willing to negotiate,” he added.

Agreement expired in 2016

The collective agreement covering approximately 12,000 workers, including social workers, wildfire fighters, highways workers, lab technicians, administrative professionals, agrologists, corrections officers, and many others, expired September 30, 2016.

Bargaining for a new contract for government employees began in October 2016. In February 2018, members were asked to vote on a Memorandum of Agreement (MOA). The tentative deal was rejected in April. Upon returning to the bargaining table, the government was unwilling to negotiate. It was their unwillingness that brought about the need for a strike vote.

“Hopefully, with this mandate, government will now return to the bargaining table ready to show they value the work performed by people who live and work right here in our province,” Nowoselsky said.

9. The following is dated September 14, 2018:   (https://ww.nupge.ca/content/new-contract-nbu-college-instructors): 

New contract for NBU College Instructors

“Negotiations are successful when both sides come to the table with mutual respect and a willingness to work together.” — Susie Proulx-Daigle, NBU President

Bathurst (14 Sept. 2018) — Instructors in the Collège communautaire du Nouveau-Brunswick system, represented by the New Brunswick Union (NBU/NUPGE), officially signed a new contract on September 7, 2018, during a ceremony in Bathurst. Instructors with CCNB educate and prepare students for careers in a variety of areas. Instructors are located on 5 different campuses across the province.

The newly signed collective agreement is for 5 years and 3 months covering the time period of May 1, 2015, through July 31, 2020. The terms and conditions of the contract came into effect upon signing. Membership had voted in favour of the deal on May 22, 2018.

A fair deal for both sides

“Negotiations are successful when both sides come to the table with mutual respect and a willingness to work together,” said NBU President Susie Proulx-Daigle. “That was the case during this round of bargaining, and I’m pleased we’ve come away with a fair deal for both sides.” [my emphasis]

10. The following is dated October 18, 2019 (https://ww.nupge.ca/content/nsgeu-calls-mcneil-govt-respect-collective-bargaining).  Of course, the McNeil government’s heavy-handed tactics should be criticized (I l already indicated that in one of my articles that in the ??? section of this blog–but not by claiming that the process of collective bargaining represents something fair or that the resulting  collective agreement in any way expresses something fair. 

NSGEU calls on McNeil govt. to respect collective bargaining

“By continuing to meddle with this long-standing practice, the McNeil government threatens to throw the already-overwhelmed legal system into chaos.” — Jason MacLean, NSGEU President

Ottawa (18 Oct. 2019) — The Nova Scotia Government and General Employees Union (NSGEU/NUPGE) is deeply disappointed to see the McNeil government once again employing heavy-handed tactics to skew the collective bargaining process in their own favour.

On Wednesday, October 16, Finance Minister Karen Casey introduced essential services legislation that takes away Crown attorneys’ right to arbitration and replaces it with the “right to strike.” The NSGEU/NUPGE argues that this harms workers and the services they deliver.

All workers have the right to collective bargaining

The NSGEU/NUPGE does not represent Crown attorneys. But, it unequivocally support the rights of all workers to bargain free from government interference that will unfairly tilt the process in favour of either the employer or employee.

“Collective bargaining is a deliberate process that is designed to yield a fair and balanced outcome,” said NSGEU President Jason MacLean. “By continuing to meddle with this long-standing practice, the McNeil government threatens to throw the already-overwhelmed legal system into chaos.” [My emphases]

Legislation could have ripple effect on other public sector workers

Furthermore, this only serves to put all other unions representing public sector workers on notice that this government is still squarely opposed to bargaining in good faith, setting a negative tone for all upcoming contract negotiations.

“We’ve seen government make similar arguments about many other important public sector workers in this province: health care and home care workers, and doctors,” MacLean said. “These continued attacks have negatively impacted recruitment and have pushed health care into crisis, leaving important public services in peril.”

The NSGEU/NUPGE is calling on this government to withdraw the legislation it has tabled to interfere with the Crown attorneys’ bargaining process, and to begin to bargain in good faith. It is only when the government begins to respect the process that we can achieve labour peace.

Political Implications

Unions evidently use the rhetoric of fair contracts, fair agreements and the like to justify their limited approach to the issues facing workers. This attempt to justify their own implicit acceptance of the power of the class of employers needs to be constantly criticized by being brought out into the open and discussed. 

However, the social-democrat or social-reformist left often see no point in such open and direct criticism–despite claims to the contrary. 

I will conclude this post with a conversation between Sam Gindin (a self-claimed “leader” of radical workers here in Toronto despite his probable own explicit denial of such a title) and me: 

Re: A Good or Decent Job and a Fair Deal
Sam Gindin
Sat 2017-02-18 8:05 AM
Something is missing here. No-one on this list is denying that language doesn’t reflect material realities (the language we use reflects the balance of forces) or that it is irrelevant in the struggle for material effects (the language of middle class vs working class matters). And no one is questioning whether unions are generally sectional as opposed to class organizations or whether having a job or ‘decent’ pay is enough. The question is the autonomy you give to language.

The problem isn’t that workers refer to ‘fair pay’ but the reality of their limited options. Language is NOT the key doc changing this though it clearly plays a role. That role is however only important when it is linked to actual struggles – to material cents not just discourse. The reason we have such difficulties in doing education has to do with the limits of words alone even if words are indeed essential to struggles. Words help workers grasp the implications of struggles, defeats, and the partial victories we have under capitalism (no other victories as you say, are possible under capitalism).

So when workers end a strike with the gains they hoped for going in, we can tell them they are still exploited. But if that is all we do, what then? We can – as I know you’d do – not put it so bluntly (because the context and not just the words matter). that emphasize that they showed that solidarity matters but we’re still short of the fuller life we deserve and should aspire to and that this is only possible through a larger struggle, but then we need to be able to point to HOW to do this. Otherwise we are only moralizing. That is to say, it is the ideas behind the words and the recognition of the need for larger structures to fight through that primarily matter. Words help with this and so are important but exaggerating their role can be as dangerous as ignoring it.

What I’m trying to say is that people do, I think, agree with the point you started with – we need to remind ourselves of the limits of, for example, achieving ‘fair wages’. But the stark way you criticize using that word, as opposed to asking how do we accept the reality out there and move people to larger class understandings – of which language is an important part – seems to have thrown the discussion off kilter.

On Sat, Feb 18, 2017 at 7:00 AM, Frederick Harris <arbeit67@hotmail.com> wrote:

I was waiting to see whether there was any dispute concerning either the primary function of language or its material nature. Since there has been no response to that issue, I will assume that the view that the primary function of language is to coordinate social activity has been accepted.

What are some of the political implications of such a view of language? Firstly, the view that “But material conditions matter more” has no obvious basis. If language coordinates our activity, surely workers need language “to reproduce themselves.”

The question is whether coordination is to be on a narrower or wider basis.

Let us now take a look at the view that a contract (a collective agreement) is fair or just and that what workers are striving for is a decent or good job.

If we do not oppose the view that any collective agreement is fair to workers and that the jobs that they have or striving to have are decent jobs, then are we saying that a particular struggle against a particular employer can, in some meaningful sense, result in a contract that workers are to abide by out of some sense of fairness? Does not such a view fragment workers by implicitly arguing that they can, by coordinating their action at the local or micro level, achieve a fair contract and a good job?

If, on the other hand, we argue against the view that the workers who are fighting against a particular employer cannot achieve any fair contract or a decent job, but rather that they can only achieve this in opposition to a class of employers and in coordination with other workers in many other domains (in other industries that produce the means of consumption of workers, in industries that produce the machines and the raw material that go into the factory, in schools where teachers teach our children and so forth), then there opens up the horizon for a broader approach for coordinating activity rather than the narrow view of considering it possible to achieve not a fair contract and a decent job in relation to a particular employer.

In other words, it is a difference between a one-sided, micro point of view and a class point of view.

As far as gaining things within capitalism, of course it is necessary to fight against your immediate employer, in solidarity with your immediate fellow workers, in order to achieve anything. I already argued this in relation to the issue of health in another post.

Is our standard for coordinating our activity to be limited to our immediate relation to an employer? Or is to expand to include our relation to the conditions for the ‘workers to reproduce themselves’?

“They turn more radical when it becomes clear that the system can’t meet their needs and other forms of action become necessary -“

How does it become clear to workers when their relations to each other as workers occurs through the market system? Where the products of their own labour are used against them to oppress and exploit them? Are we supposed to wait until “the system can’t meet their needs”? In what sense?

I for one have needed to live a decent life–not to have a decent job working for an employer or for others to be working for employers. I for one have needed to live a dignified life–not a life where I am used for the benefit of employers. Do not other workers have the same need? Is that need being met now? If not, should we not bring up the issue at every occasion? Can any collective agreement with an employer realize that need?

Where is a vision that provides guidance towards a common goal? A “fair contract”? A “decent” job? Is this a class vision that permits the coordination of workers’ activities across industries and work sites? Or a limited vision that reproduces the segmentation and fragmentation of the working class?

Fred

The bottom line is that many who consider themselves radical socialists here in Toronto (and undoubtedly elsewhere)  indulge working-class organizations, such as unions. They are, ultimately, afraid to alienate social-democratic or reformist organizations. Consequently, they themselves, objectively, function as social democrats or social reformers and fail to engage workers in the necessary delegitimisation process of the class power of employers.