The Poverty of Academic Leftism, Part Nine: The Nature of Capitalism

Introduction

It is interesting that social democrats express themselves in different ways. Thus, Professor Noonan, a professor at the University of Windsor (Ontario, Canada), who teaches Marxism, among other courses, presents what he considers one of the major issues at stake in the struggle of the left against the right in his “post (really a series of posts) “Thinkings 10” (https://www.jeffnoonan.org/?p=4662):

… a small minority class owns and controls the natural resources that everyone needs to survive. Because they control that which everyone needs to survive, they force the rest of us to sell our ability to labour in exchange for a wage. Labour is exploited to produce social wealth, most of which is appropriated by the class whose ownership and control over natural resources grounds their social power.

Isn’t this just the picture that Marx paints? Yes, it is,

No, it is not. To present the ground of the capitalist class as control over natural resources requires justification. Nowhere does Professor Noonan provide such a justification–apart from his unsubstantiated reference to Marx.

Such a presentation of the nature of capitalism misses the specificity of the nature of capital and hence of capitalism.

Control over land (the monopolization of land or natural resources) is certainly a condition for modern society to arise, but this condition–“control over natural resources”–hardly “grounds their [the capitalist class’s] social power.”

What is different about modern exploitation is that workers are mainly exploited through control over their own products and the processes which produce those products by a minority–and not just control over “natural resources.” Workers themselves, through the objective relations between the commodities they produce, produce their own exploitation. It is the direct control over these produced commodities that constitutes the ground of the social power of the class of employers; control over natural resources is mediated through such control rather than vice versa.

Let us look at what Marx wrote on the topic, especially in the notebooks known as the Grunrdrisse (Outlines), found in volumes 28 and 29 of the collected works of Marx and Engels (Marx’s best friend and political collaborator). The following has to do with an interpretation of Marx’s theory, so there will be some quotations in order to refute Professor Noonan’s social-democratic reference to Marx.

Control Over Natural Resources Is Insufficient to Characterize the Nature of Capital(ism)

Ownership of Natural Resources (Landed Property) Characteristic of Non-capitalist Societies

Marx drafted (but did not publish) an introduction to what he planned to be his critique of political economy in August and September 1857. He wrote From volume 28(pages 43-44):

… nothing seems more natural than to begin with rent, with landed property, since it is bound up with the earth, the source of all production and all life, and with agriculture, the first form of production in all more or less established societies. But nothing would be more erroneous. In every form of society there is a particular [branch of] production which determines the position and importance of all the others, and the relations obtaining in this branch accordingly determine those in all other branches. It is the general light tingeing all other colours and modifying them in their specific quality; it is a special ether determining the specific gravity of everything found in it. For example, pastoral peoples (peoples living exclusively on hunting or fishing are beyond the point from which real development begins). A certain type of agriculture occurs among them, sporadically, and this determines landed property. It is
common property and retains this form in a larger or smaller measure, depending on the degree to which these peoples maintain their traditions, e.g. communal property among the Slavs. Among peoples with settled agriculture—this settling is already a great advance—where agriculture predominates, as in antiquity and the feudal period, even industry, its organisation and the forms of property corresponding thereto, have more or less the character of landed property. Industry is either completely dependent on it, as with the ancient Romans, or, as in the Middle Ages, it copies in the town and in its conditions the organisation of the countryside. In the Middle Ages even capital—unless it was
purely money capital—capital as traditional tools, etc., has this character of landed property. The reverse is the case in bourgeois society. Agriculture to an increasing extent becomes merely a branch of industry and is completely dominated by capital. The same applies to rent. In all forms in which landed property rules supreme, the nature relationship still predominates; in the forms in which capital rules supreme, the social, historically evolved element predominates. Rent cannot be understood without capital, but capital can be understood without rent. Capital is the economic power that dominates everything in bourgeois society. It must form both the point of departure and the conclusion and must be analysed before landed property. After each has been considered separately, their interconnection must be examined.

The issue can be approached from a variety of angles. One angle is how to divide human history into stages or periods. Of course, there are various ways of dividing human history, and some ways are more appropriate (depending on the purpose) than others. Marx at one point divided human history into three stages. From Dan Swain (2019), None so Fit to Break the Chains: Marx’s Ethics of Self-Emancipation, pages 31-32: 

In one passage in the Grundrisse Marx schematically divides history into three kinds of social forms:

Relations of personal dependence (entirely spontaneous at the outset) are the first social forms, in which human productive capacity develops only to a slight extent and at isolated points. Personal independence founded on objective dependence is the second great form, in which a system of general social metabolism, of universal relations, of all-round needs and universal capacities is formed for the first time. Free individuality, based on the universal development of individuals and on their subordination of their communal social productivity as their social wealth, is the third stage. The second stage creates the conditions for the third.

The third stage is conceived as merely the ‘subordination’ of – the exertion of control over – the conditions that exist in the second. This claim is no less necessary for being historically specific, however. So long as we want to maintain the huge advanced developments of capitalism – and we do want most of them – we cannot take a step back to small scale handcrafts. Thus the only option available to us, says Marx, is economic democracy.

A Condition for the Existence of Capitalism Is the Use of Produced Commodities to Oppress or Dominate Workers

Economic democracy, however, as a solution to the problems thrown up by capitalist development, must address the fact that both oppression and exploitation of the working class arises through the production of the conditions for their own oppression and exploitation and not just “control over natural resources” by the ruling class. It is control over produced resources, not natural resources, that forms an essential element of capitalism. 

From Marx-Engels Collected Works, Volume 28, pages 381-382:

Labour capacity has appropriated only the subjective conditions of necessary labour—the means of subsistence for productive labour capacity, i.e. for its reproduction as mere labour capacity separated from the conditions of its realisation—and it has posited these conditions themselves as objects, values, which confront it in an alien, commanding personification. It emerges from the process not only no richer but actually poorer than it entered into it. For not only has it created the conditions of necessary labour as conditions belonging to capital; but the valorisation [the impetus for producing surplus value] inherent in it as a potentiality, the value-creating potentiality, now also exists as surplus value, surplus product, in a word, as capital, as domination over living labour capacity, as value endowed with its own power and will confronting it in its abstract, object-less, purely subjective poverty. Not only has it produced alien wealth and its own poverty, but also the relationship of this wealth as self-sufficient wealth to itself as poverty, which this wealth consumes to draw new life and spirit to itself and to valorise itself anew.

All this arose from the act of exchange in which the worker exchanged his living labour capacity for an amount of objectified labour, except that this objectified labour, these conditions for his being which are external to him, and the independent externality (to him) of these physical conditions, now appear as posited by himself, as his own product, as his own self-objectification as well as the objectification of himself as a power independent of himself, indeed dominating him, dominating him as a result of his own actions.

All the moments of surplus capital are the product of alien labour—alien surplus labour converted into capital: means of subsistence for necessary labour; the objective conditions— material and instrument—so that necessary labour can reproduce the value exchanged for it in means of subsistence; finally, the necessary amount of material and instrument so that new surplus
labour can realise itself in them or new surplus value can be created.

It no longer seems here, as it still did in the first consideration of the production process, as if capital, for its part, brought with it some sort of value from circulation. The objective conditions of
labour now appear as labour’s product—both in so far as they are value in general, and as use values for production. But if capital thus appears as the product of labour, the product of labour for its part appears as capital—no longer as mere product nor exchangeable commodity, but as capital; objectified labour as dominion, command over living labour. It likewise appears as the
product of labour that its product appears as alien property, as a mode of existence independently confronting living labour … that the product of labour, objectified labour, is endowed with a soul of its own by living labour itself and establishes itself as an alien power confronting its creator.

Capitalism as the Use of Produced Commodities to Oppress and Exploit Workers 

The separation of workers from their conditions of producing their own lives (conditions of life), even if produced by them, does not however, yet constitute capital(ism). It is, rather, the structured process of forcing workers to expend more labour than the labour required to produce the conditions for their own lives, relative to From volume 28, pages 396-397:

Capital and therefore wage labour are not, then, constituted simply by an exchange of objectified labour for living labour—which from this viewpoint appear as two different determinations, as use
values in different form; the one as determination in objective form, the other in subjective form. They are constituted by the exchange of objectified labour as value, as self-sufficient value, for living labour as its use value, as use value not for a certain specific use or consumption, but as use value for value.

Hiring someone to mow the lawn does not make me a capitalist nor a member of the class of employers. This hiring process becomes a class relation in the first instance because the process involves a movement that involves a drive to increase more value through control over produced commodities which are then used to exploit workers further (see The Money Circuit of Capital).

By referring to the monopoly over “natural resources,” rather than over produced commodities by the workers themselves, Professor Noonan can then ignore the specificity of the nature of capital(ism). His own brand of social reformism can then be snuck in. He writes:

… but when we paint the problems of the world in ideological terms of “capitalism” versus “socialism” we get stuck immediately in an absolute opposition between political camps. Instead of arguing with opponents we shout at them. The other side does not listen but shouts back before both sides get tired and revert to preaching to the converted.

Getting underneath the political labels will probably not solve that problem. However, it does remove one rhetorical barrier to argument. If we can stop thinking in simplistic terms: capitalism=bad and socialism=good, then we can confront one another on the terrain that really matters: life-requirements and how best to distribute them.

The implication is that we should drop the opposition between capitalism and socialism–and focus on the issue of “life requirements and how best to distribute them.” Since “life requirements” applies to all societies (all human societies involve necessary conditions for human life to continue)–the specific nature of capitalism is lost.

It is not just a question of how “best to distribute life requirements.”–but of the form or structure or arrangement of the process that is involved in maintaining human life in a capitalist society. The very form, structure or organization of capitalist society is such that what is produced is used against workers–as a weapon against them to obtain surplus value in the private sector and to oppress workers in both the private and public sectors. Life requirements, being produced by workers, are used against workers in a capitalist society.

The concept “best distribution of them” sounds very similar to the social democrats Dhunna’s and Bush’s assumption of focusing on distribution of already produced commodities rather than the process through which they are produced in the first place (see A Basic Income Versus the Expansion of Public Services? Part One: Critique of the Social-democratic Idea that the Expansion of Public Services is Socialist). Is there really any wonder that Professor Noonan then opposes movements that pose the problems that we face in terms of capitalism versus socialism. To be sure, I have already noted the illegitimacy of treating capitalism as a catch-all phrase of capitalism this and capitlaism that among social democrats (see Socialism and Central Planning: Mr. Gindin’s Analysis of The Political Situation of Workers in General, Part Two), but if we are going to aim for a society without classes, then aiming to create a society without classes requires the elimination of social relations, social structures and political relations that support the specific nature of the kind of society in which we live and suffer, with systemic exploitation and oppression.

Marx would therefore disagree with Professor Noonan’s specification of the problem; it is not just “control over natural resources” that needs to be discussed and critiqued, but the separation, alienation and domination of workers’ own labour and life through its own labour and products. From Volume 28, pages 390-391:

The recognition of the products as its own, and its awareness that its separation from the conditions of its realisation is improper and imposed by force, is an enormous consciousness, and is itself the product of the mode of production based on capital, and just as much the KNELL TO ITS DOOM as the consciousness of the slave that he cannot be the property of another, his consciousness of being a person, reduced slavery to an artificial lingering existence, and made it impossible for it to continue to provide the basis of production.

By ignoring the specificity of capitalist relations, Professor Noonan then simplistically argues that merely referring to “life’s requirements” and “how best to distribute to them” form a necessary and sufficient condition for the realisation of a society in which there are no classes and no exploitation and oppression. He then claims that, by focusing on “life-requirements and how best to distribute them,”

individuals are freed to live the lives the want to live.

This is wishful thinking. Rather than engage in wishful thinking, Professor Noonan would do better to engage in a systematic critique of social democrats and their philosophies–for the domination of social democrats among “the left” is itself a problem.

Professor Noonan recognizes that it is a problem–but he does not address how to solve the problem:

Progressive taxation, the Green New Deal, reparations, public health care, and GBIs [guaranteed basic incomes] can be institutionalised in ways that do not fundamentally transform the structure of ownership and control over life-resources. They can all be sold as in effect ways to bolster consumer demand by putting more money in the pockets of ordinary Americans. If the ruling class is assured that it will get its money back in the end, they can be convinced to go along with the reforms (as they were, despite vociferous opposition, in the 1930’s by the original New Deal). In Canada and the United Kingdom, social democratic parties came up with the ideas for programs like public health insurance, but it was generally ruling class parties that implemented them.

Professor Noonan offers no solution to the problem of cooptation of the labour movement and social movements. Indeed, he naively assume that by referring to life’s needs that we will be able to advance by debating the issues–rather than seeing that it is necessary to engage in struggle and critique to debate relevant issues in the first place. He writes:

While the media (mostly the right-wing media) wastes time hyperventilating about small groups of naive Antifa agitators (it would not surprise me if their ranks were thoroughly infiltrated by the cops they want to abolish) much more important debates about serious institutional changes are underway in the United States. These debates will not get anywhere without patient, organized mass mobilisation and political argument. Some of these debates are about public institutions that have long been parts of countries with effective social democratic parties (public health care, for example). Some are specific to the history of the United States (the debate around reparations for slavery). Along with ambitious plans like the Green New Deal, discussions about a renewed commitment to progressive taxation, and perhaps even Guaranteed Basic Income projects, these debates move public scrutiny beneath the level of slogans and stories to what really counts: an understanding of who controls what and why.

Firstly, Professor Noonan should practice what he preaches. I tried to engage in debate with him some time ago (see The Poverty of Academic Leftism, Part One)–to no avail. Secondly, he does not address how social democrats not only resist any discussion of relevant issues but go out of their way to ridicule those who attempt to engage in such discussion (see for example Do Collective Agreements Convert Working for an Employer into Decent Work?).

It would seem that Professor Noonan and I do, however, agree on the following: he implies that we should aim for a kind of society in which collective control over our conditions of life are to achieved:

The ruling class is good at playing the long game, and so must the Left be. It has to think of public institutions not in terms of income support that bolsters consumer demand for the sake of revitalising capitalism, but as first steps towards socialising ownership and control over the means of life.

However, the real Professor Noonan shows the true implications of his emphasis on the “control of life resources”–and his lack of understanding of the nature of capitalism–in a more recent post on the subject of collective bargaining. Compare the quote immediately above with the following (from the post titled “Social Democracy Meets Capitalist Reality” (https://www.jeffnoonan.org/?p=5008): 

Political persistence eventually changed the law, unions were formed, and over the next century succeeded not only in raising real wages (a feat that most classical political economists regarded as structurally impossible) but also helped democratize the work place, by giving the collective of workers some say in the organization of production (via collective bargaining).

Unions have certainly benefited workers in the short-term, but Professor Noonan simply ignores how unions often now function to justify the continued oppression and exploitation of workers (see for example  Fair Contracts (or Fair Collective Agreements): The Ideological Rhetoric of Canadian Unions, Part One  or Fair Contracts or Collective Agreements: The Ideological Rhetoric of Canadian Unions, Part Three: Unifor (Largest Private Union in Canada)). 

As for the claim that collective bargaining “democratizes the work place,” Professor Noonan undoubtedly works in privileged conditions relative to other workers and generalizes from his much superior control over his working conditions compared to most other workers (even when unionized). As I wrote in another post (What’s Left, Toronto? Part Five): 

Collective agreements, however, as this blog constantly stresses, are holding agreements that continue to express exploitation and oppression. A few privileged sets of workers (such as tenured university professors) may seem to have decent jobs, but even that situation has eroded over time. Furthermore, it should not be forgotten that such relatively privileged workers exist in a sea of workers, whether unionized or not, who are things to be used by employers systematically and legally. University professors cannot engage in research, teaching and administrative activities unless there are other workers who produce their food, clothing, cars and so forth.

This division of labour is implied in a poem by one of the most famous poets of Gutemala, Otto Rene Castillo (from   Apolitical Intellectuals):

Apolitical Intellectuals

One day
the apolitical
intellectuals
of my country
will be interrogated
by the simplest
of our people.

They will be asked
what they did
when their nation died out
slowly,
like a sweet fire
small and alone.

No one will ask them
about their dress,
their long siestas
after lunch,
no one will want to know
about their sterile combats
with “the idea
of the nothing”
no one will care about
their higher financial learning.

They won’t be questioned
on Greek mythology,
or regarding their self-disgust
when someone within them
begins to die
the coward’s death.

They’ll be asked nothing
about their absurd
justifications,
born in the shadow
of the total lie.

On that day
the simple men will come.

Those who had no place
in the books and poems
of the apolitical intellectuals,
but daily delivered
their bread and milk,
their tortillas and eggs,
those who drove their cars,
who cared for their dogs and gardens
and worked for them,
and they’ll ask:

“What did you do when the poor
suffered, when tenderness
and life
burned out of them?”

Apolitical intellectuals
of my sweet country,
you will not be able to answer.

A vulture of silence
will eat your gut.

Your own misery
will pick at your soul.

And you will be mute in your shame.

Collective agreements do not exist in a vacuum but form part of interrelated social relations; to exclude such relations when considering the nature and legitimacy of collective agreements is to empty collective agreements of the background conditions which give them meaning in the first place.

Collective agreements by no means help to “democratize the work place.” They certainly are not “first steps towards socialising ownership and control over the means of life.”  Professor Noonan seems to be aware of this and yet idealizes collective agreements by claiming that they somehow “democratize the work place.” If however capitalist society is characterized by the use of commodities produced by workers to oppress and exploit them, then collective agreements (except for a small minority of workers–such as tenured professors) merely limit the power of employers to oppress and exploit workers–but do not by any means form even the first step in the democratization of the work place. 

What are these “first steps towards socialising ownership and control over the means of life?” Professor Noonan fails to specify what they are. Why is that? 

I will leave Professor Noonan with his “democratized work place.” Undoubtedly he enjoys a fair amount of control over his work; he is a tenured professor at the University of Windsor. What of the support workers at the University of Windsor? Do they?  

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

The following issue deserves a separate post. As I have tried to stress throughout these posts, unions in Canada (and undoubtedly elsewhere) are inadequate organizations for representing the interests of the working class The issue illustrates how union reps limit the development of a critical approach to a society dominated by a class of employers.

I do not remember the exist order of the issue, nor do I remember exactly to whom I addressed my concerns–the executive, the members of the Substitute Teachers’ Committee or to those substitute teachers who had provided the Substitute Teachers’ Committee with their email address during the general meeting of substitute teachers.

There is a possibility that I would be willing to organize a workshop on employment and labour law, but I would like to see if there is much interest in the area. It would not enhance anyone’s particular skills to obtain employment, but it is my view that we need to educate each other about the limitations of what the WTA can do—both for substitute teachers and for teachers in general.

If you would be interested in attending a workshop on employment and labour law, please inform me of this so I can guage whether I should spend the time in selecting material and organizing the workshop.

Fred Harris, chair, Substitute Teachers’ Committee of the Winnipeg Teachers’ Association

In preparation for providing a workshop on labour/employment law, I drafted the following (the parentheses were for me in anticipation of organizing the workshop according to themes or categories):

Employment Law and Labour Law Together

  1. What do you think are the major differences between an employee and a contractor (a person with her or his own business)? General idea of an employee

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

  1. What is the difference between employment and labour law? Differentiation of employee in general and employee under labour law and collective bargaining.

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

  1. What do you think are some of the differences between a collective agreement and employment agreement? Differentiation of employee in general and employee under labour law and collective bargaining.

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

Employment Law

  1. What are some of the advantages of being governed by employment law? Disadvantages? Employee: non-unionized

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

Transition: Employee and Society

  1. Why are more and more workers becoming employees? General concept of employee

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

Labour Law

  1. Between whom is the collective agreement an agreement? Labour law

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

  1. What is a grievance? Labour law

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

  1. Who “owns” a grievance? Labour law

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

  1. Who generally grieves? Why? Labour law

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

  1. What is interest arbitration? Labour law

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

  1. What is grievance arbitration? Labour law

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

  1. What is a labour board? Labour law

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

  1. What is the difference between a board of arbitration and a labour board? Labour law

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

  1. Does a union or association have a duty towards its members? If so, what is it? Labour law

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

  1. What are some of the advantages of being governed by labour law? Disadvantages?Labour law: Employee

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

  1. What are some of the powers of the labour board? Labour law

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

  1. What was the situation of collective bargaining before the Second World War? Labour law and collective bargaining

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

  1. What did employees do during the Second World War that initiated the legal acceptance of collective bargaining? History of collective bargaining, labour law:

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

  1. Where employees governed by collective bargaining have the right to strike, can they do so during the period in which a collective agreement exists? Limitations on collective bargaining regime here: labour law

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

  1. After the Second World War, what did many employers do in relation to collective bargaining? What was the response of many employees? History of collective bargaining: Labour law

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

  1. What is the certification process? Labour law

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

  1. What is a bargaining unit? Labour law

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

  1. Can employers refuse to bargain with a certified union or association? Labour law

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

  1. What can a group of employees do if the employer consciously interferes in the process of communication between a union and workers when certification has not yet been voted on? Labour law

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

  1. When bargaining, does the duty to bargain in good faith mean that both the employer and the Association have to come to an agreement? If not, what does the duty to bargain in good faith mean? Labour law

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

  1. What are some of the remedies that the Labour Board provides for in case it finds the employer has breached the Labour Code? Labour law

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

Transition: Labour Law and Society

  1. What does the answer to question 7 tell you about the nature of the society in which we live? Relation of labour law to society

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

  1. To what extent do you consider the following description of the nature of private enterprise to be an accurate description? What do you agree and disagree about the description? Employment law and labour law in relation to society

Stage 1: Purchase: M1-C1 (=W+MP). where M1= the money invested; – = an exchange; C1 = the commodities purchased for investment purposes (which consist of MP—means of production—and W—workers);

Stage 2: Production…P… where the three dots represent an interruption in the circulation or exchange process;

Stage 3: Sale: C2-M2, where C2 = the commodity output, with C2 greater in value than C1; and M2 = the return of the money invested, with M2=C2, but greater in quantity than M1.

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

General: Employee: Meaning

19. What does being an employee mean to you? General: Employee

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

  1. What does an employment contract mean to you? General: Employee

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

  1. What do you consider the employment contract to involve in relation to your concept of freedom? General: Employee, but Relation to Society

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

  1. What do you think of the view, held by many judges under common law (the legal ground for employment), that the employment contract is an act between equal parties? General: Employee, but Relation to Legal Profession

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

  1. What do you think of Paul Weiler’s argument, in his book Reconcilable Differences, that collective bargaining evens the playing field, making the contracting parties relatively equal in power?Labour law and Society

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

  1. What do you think happened to relations between employees as a result of the change from reliance on each other to force an employer to recognize them to reliance on the Labour Board? Social effects of labour law and collective bargaining

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

Introduction

  1. How do employment law and labour law fit into the general legal framework in Canada? General relation between employment law, labour law and legal framework: Introduction???

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

Think-Pair-Share

  1. What does “company time” mean to you? Employee in general

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

  1. When a boss (say, a principal) passes by you, do you find yourself acting differently than with fellow substitute teachers? If so, why do you think that that is the case? Employee in general

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

The last reference to “Think-Pair-Share” is a pedagogical technique, where the individual is given perhaps a minute to think about the issue alone, then shares her/his thoughts with someone else and, finally, answers are shared among the group.

Think-Pair-Share or Some Other Format

  1. What does being an employee mean to you?

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

  1. What does an employment contract mean to you?

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

  1. What do you consider the employment contract to involve in relation to your concept of freedom?

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

  1. What do you think of the view, held by many judges under common law (the legal ground for employment), that the employment contract is an act between equal parties?

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

  1. What does “company time” mean to you?

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

  1. When a boss (say, a principal) passes by you, do you find yourself acting differently than with fellow substitute teachers? If so, why do you think that that is the case?

_______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________­­­­­­­­­­­­____________.

  1. To what extent do you consider the following description of the nature of private enterprise to be an accurate description? What do you agree and disagree about the description? Employment law and labour law in relation to society

Stage 1: Purchase: M1-C1 (=W+MP). where M1= the money invested; – = an exchange; C1 = the commodities purchased for investment purposes (which consist of MP—means of production—and W—workers);

Stage 2: Production…P… where the three dots represent an interruption in the circulation or exchange process;

Stage 3: Sale: C2-M2, where C2 = the commodity output, with C2 greater in value than C1; and M2 = the return of the money invested, with M2=C2, but greater in quantity than M1.

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

I also created slides for the anticipated presentation–but there is no point if repeating what I wrote above in a different format (if indeed slides can be reproduced in this medium).

The following reply illustrates the typical limitations of union reps. I wrote it to substitute teachers (at least to those whose email I possessed) as well as to the members of the Substitute Committee of the Winnipeg Teachers’ Association (WTA):

Coming now to the point on providing a workshop on employment law and labour law, I was going to give the workshop myself, but I will not be doing so. I do feel that I need to explain why I will not.

I have been told, firstly, that I do not have the necessary skills required to provide a workshop on those topics. What do I know, for example, about labour law? I did, however, write two articles in the WTA newsletter via philosophical analysis. I am a philosopher. That is my expertise—a pragmatic philosopher, specifically. I do not need to know how to negotiate a collective agreement—and I do not know how to do so any more than I know how to operate on someone. I do need to know something about labour law and collective bargaining if I am to determine its meaning, but I need not be an expert on it—anymore than I need to be an expert on in order to determine the meaning of life–in order to determine the meaning of collective bargaining—and by extension labour law. If someone disagrees with my analysis of the meaning of labour law or anything else, the democratic thing to do would be to write a refutation of it in the newsletter. To tell me that I have insufficient background in labour law is like saying that I have insufficient background in determining the nature of life bI have taken a course on labour law, as well as attending a couple of conferences funded by the executive. Would these educational opportunities suffice to provide a workshop? Probably not. However, I have been pursuing a doctorate in the philosophy of education for a number of years—in particular pragmatic philosophy. That philosophy inquires into the meaning of relations. The workshop that I had made preliminary plans would include querying the nature of employment law and labour law via an inquiry into what being an employee means to those at the workshop.

I do believe that I am well qualified to provide such a workshop. There is a difference between expounding on how labour law and employment law work and what they mean. The two, of course, are related since the meaning of something cannot be determined without knowing something about the topic. However, I do not have to know as much about anatomy and physiology as a doctor does in order to talk about the meaning of life—a topic in my dissertation.

Since I was denied the opportunity to present labour laws to substitute teachers, I provided notice of a person approved to provide such a presentation, Henry Shyka, staff member of the Manitoba Teachers’ Society and assigned to represent the WTA:

Workshop on Labour Law: Topics required

Good morning everyone,

To give a workshop on labour law, it is necessary to have some input on what topics you would like covered.  There is no guarantee that specific topics would be covered, but topics of common concern to substitute teachers would be.

Henry Shyka, MTS [Manitoba Teachers’ Society] representative, would be giving the workshop.

Please send me topics that you might find of interest.

Fred Harris, Chair, Substitute Teachers’ Committee

 

 

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

Introduction

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

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

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

Limitations of Collective Bargaining

A Philosophical (Critical) Commentary on the Labour Law Review, November 14-15, 2007

On November 14 and 15 I attended the 13th Annual Review of Labour Law. The structure of the presentation made the Review more lively than otherwise: a rotating set of two different lawyers presented each section, one representing the employees’ side and the other representing the employers’ side. The Review specifically related to law connected to workplaces governed by collective agreements as opposed to general employment law.

The Review was divided into six sections: accommodation of employees, especially with regard to disabilities according to human rights legislation; discipline in relation to the disabled employee; arbitrators’ responses to harassment at the workplace; updates to Manitoba Labour Board decisions; updates to arbitration board decisions; and trends in Manitoba labour relations.

The bottom line of issues centering on accommodations of those with disabilities is that the employer must reasonably accommodate employees with disabilities on a continuous basis up to the point of undue hardship for the employer.

Discipline of employees with disabilities covered mainly those with addictions of one form or another. The issue here is to what extent the conduct leading to discipline is attributable to the addiction and to what extent it is attributable to the employee’s own control.

The third section on harassment in the workplace described the broadening of the definition of harassment from harassment based on stereotypical categories specified in the legislation to harassment based on persona characteristics, or in more colloquial terms, harassment characteristic of bullying.

The fourth section provided an overview of relatively recent Manitoba Labour Board decisions. An interesting case was between United Steelworkers of America and Buhler Manufacturing. The Labour Board found that the employer was obliged to provide to the union contact information (telephone numbers and home addresses) of all members in the bargaining unit, and the list was to be updated every six months.

An interesting case in the fifth section was between the Province and the Manitoba Government Employees’ Union. The Province put certain employees on an attendance management program. The arbitrator found that the medical information requested by the employer was far in excess of what was reasonable under the circumstances. Another interesting element of this case was the inclusion in the collective agreement of the clause that the employee may or shall be requested to provide a medical certificate or statutory declaration of having been sick.

The final section considered some possible trends in labour relations, such as the duty to accommodate disabled employees, increasing privacy rights of the individual versus the right of the employer for relevant information to run the business (drug testing and surveillance of employees).

One comment made by a union lawyer while discussing the issue of accommodation of disabled employees in the first section should leave teachers with food for thought. He indicated that it is a little known fact that the employer has the right to grieve. In all arbitration cases presented during the two days, however, there was no case in which the employer grieved. The main reason why employers rarely grieve was not addressed. The main reason why employers rarely grieve is that they do not need to do so; they possess the economic power to implement their goals independently of the grievance process. What the collective agreement does, via labour law, is to limit the economic power of employers to do what they want with the employees. The collective agreement is a defensive mechanism, not an offensive mechanism.

Some may make the counterargument that collective bargaining has permitted the extension of certain rights, such as maternity leave. On this view, collective bargaining, consequently, can become an offensive weapon by gradually extending employees’ rights in various directions. Such a conclusion would be valid if employers were passive and the world were static. However, as teachers in this Division have experienced, employers make many unilateral decisions, such as CAP, the online report card system and the requirement that substitute teachers provide reasons for refusing jobs. Employers use their economic power to achieve their goals, and they rarely need to grieve to achieve them.

If this is the case, and the employer-employees relation, as I argued in the last article, involves subordination to the will of the employer, then the economic power not only of the Division as employer but all employers needs to be discussed thoroughly and on an ongoing basis.

For instance, does the economic power of employers result in employees fearing to express their opinions because they fear retaliation by the employer? If so, what does that tell us about the kind of society in which we live? Do we want our children to grow up in the same fearful relations, if they exist? What are the implications of living in fear for the formation of character? Since education, ultimately, is the formation of human character, how does the employer-employees relation work itself out in the formation of human character? In other words, does the employer-employee relation work for or against the educational process?

These questions, even indirectly, were not addressed at the Labour Law Review. Both union lawyers and employer lawyers, from opposite sides to be sure, shared the same premise: the employer-employees relation is legitimate. The differences between the two sides had to do with whether the collective agreement had been breached by the employer. The shared premise of the legitimacy of the employer-employees relation prevented them from questioning their own logic. Should we not be discussing this premise as teachers and as employees?

Fred Harris, executive member

Engaging in Concrete Administrative Issues in a Union

In the WTA newsletter, I also provided concrete information relevant to substitute teachers for members of the Substitute Teachers Committee (and, perhaps, for the WTA newsletter–I do not remember whether I submitted the information to the WTA):

Good afternoon, everyone.

At the executive meeting, I asked for clarification concerning whether substitute teachers, if injured, had any insurance. The answer is: no. Teachers, according to law, are excluded from receiving Workers’ Compensation, and this is a non-negotiable item (only employers pay into Workers’ Compensation). However, private insurance of some type would be possible, but none now exists. So, if you get injured on the job as a substitute teacher—you can always sue the Division. Other than that, you are responsible for your own disability or injury.

Fred Harris, chair, Substitute Teachers’ Committee

Furthermore, I provided information in the WTA newsletter about the new substitute-calling system (SmartFinder):

Substitute Teacher Access to Listed Jobs

SmartFinder Express has now been programmed to permit substitute teachers to access jobs available, either online or by telephone. In either case, key in your employee number and pin number. Next, for the computer system, click on Available Jobs, and then specify the range of dates and click on Submit. For the telephone system, press number 2.

Fred Harris, chair, Substitute Teachers’ Committee

I also wrote about some relevant information (and problems) for substitute teachers with the SmartFinder system:

Elements of the Current SmartFinder Express System for Substitute Teachers

The current SmartFinder Express system has several features (or lack of features) about which substitute teachers should be aware:

  1. Should a substitute teacher refuse four consecutive phone calls, she or he will not be called again for that day.
  2. Should a substitute teacher not answer four consecutive phone calls, she or he will not be called again for that day.
  3. Should a substitute teacher hang up three consecutive times, she or he will not be called again for that day.
  4. In some instances, the SmartFinder system has called substitute teachers for the same day when they have already been booked for that day. Since the system still requires substitute teachers to provide reasons, they may be penalized for refusing jobs that they should not have received in the first place.
  5. When a substitute teacher tries to find available jobs to accept, there are rarely any such jobs. However, in some other divisions (such as St. James-Assiniboia), substitute teachers can go online and accept posted jobs for substitute teachers.

Informing Substitute Teachers of Clauses in the Collective Agreement Especially Relevant for Them

Furthermore, I wrote the following to the members of the Substitute Committee (and perhaps drafted one for the WTA newsletter–I do not remember):

Good afternoon, everyone.

As indicated in the minutes, I am sending everyone a copy of the clause about professional development in the collective agreement:

16.03 (f) Professional Development

A substitute teacher who has worked for the Division for at least fifty (50) teaching days in the previous school year shall be entitled to request in writing to the Director of Human Resources, or designate, to attend one professional development day in the next school year. Attendance, if approved, shall be considered as time worked under Article 16.03, Substitute Teachers.

A substitute teacher not meeting the above eligibility requirements may request to attend scheduled professional development days. Such attendance, if approved, shall be on a without pay basis.

Approval in either instance shall be at the sole discretion of the Division.

Fred

Advocating as Representative of a Subsection of the Union Membership to the Negotiating Committee 

In addition to these initiatives, I wanted to present recommending to the negotiating committee possible clauses of relevance to the substitute teachers in relation to a salary cap for substitute teachers (which did not apply to permanent teachers) :

Justification for Recommending that the Negotiating Committee Consider the Proposal for Removing the Clause in the Collective Agreement

Firstly, to justify the maintenance of the clause in the collective agreement, 16.03 (c) (iii) “No substitute shall receive a salary rate higher than the maximum salary rate provided under the Basic Salary Schedule for a Class IV teacher,” it has been pointed out that the substitute teachers in Winnipeg School Division No. 1 are the highest paid substitute teachers in Winnipeg. However, if the teachers in the WTA were also the highest paid teachers in Winnipeg, would it be justifiable to limit their salaries to the maximum level of class IV until they have worked 20 days or more? Of course, if there were such a cap, it would not matter to permanent contract teachers since they would automatically reach the 20 days. That is not the case for substitute teachers. On principle, though, is the fact that substitute teachers are the highest paid sufficient grounds for justifying the maintenance of such a clause?

Secondly, it has been said that there are few substitute teachers who would experience the effects of such a clause. There is no data to substantiate such a conclusion. The survey did not contain a question pertaining to level of qualifications (it should have done so). Without such data, the number and percentage of substitute teachers who would fall under such a clause is indeterminate. However, about one third of substitute teachers have substituted for at least 10 years. I know of at least three others who have substituted as long as I have who have their Masters’ degree.

Thirdly, even on the assumption that there are few substitute teachers who fall under the clause, should the same principle then apply to salary scale according to qualification and experience in any given year? For example, if there were no teachers with nine years experience and class 7 qualifications in a particular year, should we then agree to capping those with so many years experience and so much education since there are few or no members in the set in any particular year? We should also remember that even if in any given year there might be few members in such a set, situations evolve, and there might be more members in the set in some years than in others.

Fourthly, the issue is not just one of a few substitute teachers. The collective agreement embodies the recognition of the principle that differentiation of the qualities of teachers results in differential treatment. For example, differential experience and differential educational qualifications results in differential pay scales despite all teachers being members of the WTA. Since those substitute teachers who have worked for a number of years probably, though not necessarily, worked for the Division for a number of years, this clause contradicts the Associations’ principle of differential pay according to years of experience and level of qualifications. To be consistent with the Associations’ principles, should not the Negotiating Committee try to remove the clause from the collective agreement?

I provided a table of possible differences if the cap on the salary of substitute teachers was eliminated:

The maximum salary rate for class IV is $67, 522 according to the salary grid. The calculations are based on the yearly rate divided by 200 working days to give the rate per day. The ground base for any change in pay is $67, 522/200, or 337.61 a day. The two variables are the length of service (level of experience) and the level of qualifications:

Class 5, level 8, Yearly rate=69,948; daily rate=$338.30

Days worked Current Situation: Gross Removal of Cap on salary grid Difference
5 1688.05 1691.50 2.45
6 2025.66 2029.80 4.24
7 2363.27 2368.10 4.83
8 2700.88 2706.40 5.52
9 3038.49 3044.70 6.21
10 3376.10 3383.00 6.90
11 3713.71 3721.30 7.59
12 4051.32 4059.60 8.28
13 4388.93 4379.90 9.03
14 4726.54 4736.20 9.66
15 5064.15 5074.50 10.35
16 5401.76 5412.80 11.04
17 5739.37 5751.10 11.73
18 6076.98 6089.40 12.42
19 6414.59 6427.70 13.11

Class 5, level 9, Yearly rate=$71,358, daily rate=$356.79

Days worked Current Situation: Gross Removal of Cap on salary grid Difference
5 1688.05 1783.95 95.90
6 2025.66 2140.74 115.08
7 2363.27 2497.53 134.26
8 2700.88 2854.32 153.44
9 3038.49 3211.11 172.62
10 3376.10 3567.90 191.80
11 3713.71 3924.69 210.98
12 4051.32 4281.48 230.16
13 4388.93 4638.27 249.34
14 4726.54 4995.06 268.52
15 5064.15 5351.85 287.70
16 5401.76 5708.64 306.88
17 5739.37 6065.43 326.06
18 6076.98 6422.22 345.24
19 6414.59 6779.01 364.42

Class 6, level 7, Yearly rate=$69,713, daily rate=$345.87

Days worked Current Situation: Gross Removal of Cap on salary grid Difference
5 1688.05 1729.35 41.30
6 2025.66 2075.22 49.56
7 2363.27 2421.09 57.82
8 2700.88 2766.96 66.08
9 3038.49 3112.83 74.34
10 3376.10 3458.70 82.60
11 3713.71 3804.57 90.86
12 4051.32 4150.44 99.12
13 4388.93 4496.31 107.38
14 4726.54 4842.18 115.64
15 5064.15 5188.05 123.90
16 5401.76 5533.92 132.16
17 5739.37 5879.79 140.42
18 6076.98 6225.66 148.68
19 6414.59 6571.53 156.94

Class 6, level 8, Yearly rate=$72,152, daily rate=$360.76

Days worked Current Situation: Gross Removal of Cap on salary grid Difference
5 1688.05 1803.80 115.75
6 2025.66 2164.56 138.90
7 2363.27 2525.32 162.05
8 2700.88 2886.08 185.20
9 3038.49 3246.84 208.35
10 3376.10 3607.60 231.50
11 3713.71 3968.36 254.65
12 4051.32 4329.12 277.80
13 4388.93 4689.88 300.95
14 4726.54 5050.64 324.10
15 5064.15 5411.40 347.25
16 5401.76 5772.16 370.40
17 5739.37 6132.92 393.55
18 6076.98 6493.68 416.70
19 6414.59 6854.44 439.85

Class 6, level 9, Yearly rate=$75,691, daily rate=$378.46

Days worked Current Situation: Gross Removal of Cap on salary grid Difference
5 1688.05 1892.30 204.25
6 2025.66 2270.76 245.10
7 2363.27 2649.22 285.95
8 2700.88 3027.68 326.80
9 3038.49 3406.14 367.65
10 3376.10 3784.60 408.50
11 3713.71 4163.06 449.35
12 4051.32 4541.52 490.20
13 4388.93 4919.98 531.05
14 4726.54 5298.44 571.90
15 5064.15 5676.90 612.75
16 5401.76 6055.36 653.60
17 5739.37 6433.82 694.52
18 6076.98 6812.28 735.30
19 6414.59 7199.74 785.15

Class 7, level 6, Yearly rate=$69,948; daily rate=$349.74

Days worked Current Situation: Gross Removal of Cap on salary grid Difference
5 1688.05 1748.70 60.65
6 2025.66 2098.44 72.78
7 2363.27 2448.18 84.91
8 2700.88 2797.92 97.04
9 3038.49 3147.66 109.17
10 3376.10 3497.40 121.30
11 3713.71 3847.14 133.43
12 4051.32 4196.88 145.56
13 4388.93 4546.62 157.69
14 4726.54 4896.36 169.82
15 5064.15 5246.10 181.95
16 5401.76 5595.84 194.08
17 5739.37 5945.58 206.21
18 6076.98 6295.32 218.34
19 6414.59 6645.06 230.47

Class 7, level 7, Yearly rate=$73,072, daily rate=$365.36

Days worked Current Situation: Gross Removal of Cap on salary grid Difference
5 1688.05 1826.80 138.75
6 2025.66 2192.16 166.50
7 2363.27 2557.52 194.25
8 2700.88 2922.88 222.00
9 3038.49 3288.24 249.75
10 3376.10 3653.60 277.50
11 3713.71 4018.96 305.25
12 4051.32 4384.32 333.00
13 4388.93 4749.68 360.75
14 4726.54 5115.04 388.50
15 5064.15 5480.40 416.25
16 5401.76 5845.76 444.00
17 5739.37 6211.12 471.75
18 6076.98 6576.48 499.50
19 6414.59 6941.84 527.50

Class 7, level 8, Yearly rate=$76,204, daily rate=$381.02

Days worked Current Situation: Gross Removal of Cap on salary grid Difference
5 1688.05 1905.10 217.05
6 2025.66 2286.12 260.46
7 2363.27 2667.14 303.87
8 2700.88 3048.16 347.28
9 3038.49 3429.18 390.69
10 3376.10 3810.20 434.10
11 3713.71 4191.22 477.51
12 4051.32 4572.24 520.92
13 4388.93 4953.26 564.33
14 4726.54 5334.28 607.74
15 5064.15 5715.30 651.15
16 5401.76 6096.32 694.56
17 5739.37 6477.34 737.97
18 6076.98 6858.36 781.38
19 6414.59 7239.38 824.79

Class 7, level 9, Yearly rate=$79,760, daily rate=$398.80

Days worked Current Situation: Gross Removal of Cap on salary grid Difference
5 1688.05 1994.00 305.95
6 2025.66 2392.80 367.14
7 2363.27 2791.60 428.33
8 2700.88 3190.40 489.52
9 3038.49 3589.20 550.71
10 3376.10 3988.00 611.90
11 3713.71 4386.80 673.09
12 4051.32 4785.60 734.28
13 4388.93 5184.40 795.47
14 4726.54 5583.20 856.66
15 5064.15 5982.00 917.85
16 5401.76 6380.80 979.04
17 5739.37 6779.60 1040.23
18 6076.98 7178.40 1101.42
19 6414.59 7577.20 1162.61

Radicals need to be active on many fronts, including the nitty-gritty of providing concrete information to the members on relevant laws and clauses in the collective agreement and being an advocate for members in various ways.

Of course, it depends on their own specific situation as well. I, for example, no longer work for a specific employer. Consequently, my critical activism needs to take a different form.

Management Rights, Part Nine: Is A Collective Agreement that Involves Management Rights and the Exploitation and Oppression of Workers a Fair Contract?

In the previous post, I calculated the rate of exploitation of workers who work for Rogers Communication (see The Rate of Exploitation of the Workers of Rogers Communications Inc., One of the Largest Private Employers in Toronto). Below you will find the management rights clause of a collective agreement between Rogers Communications and Metro Cable TV Maintenance and Service Employees Association.

In a previous post, I also posted several quotes by the largest union in Canada, the Canadian Union of Public Employees (CUPE) that assert, without proof, that the collective agreements of CUPE locals are fair contracts (see Fair Contracts (or Fair Collective Agreements): The Ideological Rhetoric of Canadian Unions, Part One).

I will continue to provide occasional posts with management rights clauses from collective agreements from different provinces to show that the management rights clause is something that unionized workers face throughout Canada–and which deserve to be often discussed among union members to see whether such clauses express in any way a democratic way of living or a dictatorial way of living (for the dictatorship of employers, see for example, Employers as Dictators, Part One).

However, I will also include collective agreements that relate to my other posts on the rate of exploitation of workers who work for a particular employer. I will, in future, post both the management rights clause (if there is an explicit one since arbitrators recognize management rights even if there is no such clause in the collective agreement) from the collective agreement and simultaneously my calculation of the rate of exploitation of the particular employer in another post (when possible).

A question for those who consider collective agreements to be fair and to provide conditions for decent work to be performed: Does the following management rights clause express the freedom of the unionized workers or their lack of freedom to determine their own lives at work? If it expresses a lack of freedom, how is the collective agreement fair? How is the work performed an expression of decent work (another cliche expression used by union reps)?

I have found it interesting that, despite my posts that refer to the management rights clauses of collective agreements and my criticisms of such clauses, there have been no explicit criticisms of such posts by defenders of union reps. I suspect that unions reps, like their social-democratic counterparts, simply want to avoid the issue since it is an Achilles heel for their claim to produce “fair contracts”

From page 9:

COLLECTIVE AGREEMENT BETWEEN
ROGERS COMMUNICATIONS PARTNERSHIP
AND
METRO CABLE TV MAINTENANCE AND SERVICE EMPLOYEES ASSOCIATION
SEPTEMBER 1, 2014 TO AUGUST 31, 2019

Section 3 – Management Rights

3.01 The Association acknowledges that the Company retains the right to manage its operations in all respects in accordance with its commitments and its obligations and responsibilities, to direct the working force and to hire, promote, transfer, demote or lay off employees and to suspend, discharge or otherwise discipline employees for just cause, the right to decide on the number of employees needed by the employer at any time in accordance with the provisions of Company and Association seniority, the right to use modem methods, technology and equipment, and jurisdiction over all operations, buildings and equipment are solely and exclusively the responsibility of the employer; provided that any exercise of these rights by the Company which conflict with any provisions of this agreement shall be subject to the grievance procedure set out in Section 11. The employer also has the right to make, alter and enforce rules and regulations to be observed by the employees provided such rules and regulations are not inconsistent with the terms of this agreement.

3.02 The Company and Association agree that no employee shall in any manner be discriminated against or coerced, restrained or influenced on account of membership or non-membership in any labour organization or by reason of activity or lack of activity in any labour organization.

3.03 Supervisory/Managerial personnel will not perform bargaining unit work unless an explanation acceptable to both parties is provided for the performance of such work.

Socialism and Central Planning: Mr. Gindin’s Analysis of The Political Situation of Workers in General, Part Two

The following is the second of a two-part series on Bill Resnick’s interview with Sam Gindin, in accordance with the two-part presentation of the interview. I put my summary of Mr. Gindin’s talk in italics; my comments are in regular print. I also use italics when quoting others.

According to Bill Resnick, part two is an exploration of the potentialities for stimulating the working class from its lethargic state of passivity, cynicism and individual self-defense in order to inspire people to recognize their powers and capacities and thereby a socialist society.

Mr. Resnick then claims that climate change will oblige us to think how the economy is working.

Moving on to Mr. Gindin’s views, Mr. Gindin claims that it will be the environment that will be the key issue in relation to inequality. The rich are satisfied with the status quo of environmental conditions since they do not have to suffer the consequences from its deterioration.

Mr. Gindin then refers to the situation in Oshawa. He points out that, despite workers losing their jobs anyway, any suggestion of a serious alternative still meets with resistance since they have experienced thirty or forty years of lowering their expectations of what is possible. Their response to a left alternative is that it is a great idea, but it will never happen because they do not see their unions fighting for it nor do they see that larger social force fighting for it.

We should pause here. When have most unions, even during the 1950s, 1960s and the 1970s, generally fought for a larger vision of socialism? Most unions accepted the justice of collective bargaining and of collective agreements. Mr. Gindin implies that before the onset of neoliberalism 30 or 40 years ago, unions did have a larger social vision. That is a myth.

Indeed, red-baiting and the expulsion of communists from the Canadian labour movement forms part of the history of unions in Canada–a fact which Mr. Gindin conveniently ignores (see Irving Abella, The Canadian Labour Movement, 1902-1960). Social democracy won out within unions over any radical vision of society.

Why does Mr. Gindin ignore such facts? It is likely that Mr. Gindin indulges his supporters rather than taking the necessary step to criticize them. He probably panders after union support rather than criticizing the limitations of unions–including the limitations of collective bargaining and collective agreements.

He fails to criticize the responsibility of unions for, historically, partially contributing to the suppression of an alternative vision.

By the way, Mr. Gindin’s reference to the environment as being the key to inequality lacks any historical and factual basis. Where is there evidence that it is the environment that forms the center around which people are willing to fight against those in power and attempt to defeat them? It is the daily grind of working and living in a society dominated by a class of employers that will form the key issue–a social relation, and not the “environment” in the abstract sense of “nature” or environmental conditions in a general sense.  Mr. Gindin, as I indicated in my earlier post, wants to jump on the bandwagon of environmentalism in general and the climate crisis in particular in order to prop up his appeal. I doubt that he will be successful.

Mr. Gindin then argues that we need to develop structures through which people can fight so that they can gain a clear vision of the forces that support them and the forces that oppose them as well as understanding the importance of collective action for realizing workers’ aims. That is why political parties are important because they form a space for strategizing about what needs to be done. We must take organizing seriously.

Mr. Gindin then reiterates how impressed he is about what the environmental movement has done. However, he points out the limitations of that movement, that criticizes corporate power or the 1% but does not seriously propose taking power away from them. It is insufficient to merely lobby against them. If we are going to have [democratic] planning, we cannot have corporations making the investment decisions.

Mr. Gindin is certainly correct to point out the limitations of the environmental movement–but he should be consistent and point out the limitations of unions as unions in relation to collective bargaining and collective agreements. He does not. He avoids alienating his social-democratic supporters. Is that what is needed at present?

Furthermore, he refers to the importance of organization–but is organization by itself going to lead to the questioning of corporate power? Ms. McAlevey does not question such power. Social democrats do not question such power. Both engage in organizing of one sort or another. It is not, then, organizing in general that is the issue but what kind of organizing–on what basis? Organizing from the start needs to question corporate power–and that includes questioning the legitimacy of their power to manage workers as such. We may need to make compromises along the way, as embodied in a collective agreement, but let us not bullshit the workers by calling such agreements or contracts “fair,” “just” and other such euphemisms.

To be consistent, Mr. Gindin should question the limitations of unions and union organizers in relation to collective bargaining and collective agreements. Why does he not do so?

Mr. Gindin claims that struggles are fundamental and that they develop the capacity to recognize the limits of being militant. They develop democratic capacities that prevent them from accepting authority.

Workers certainly do learn the limitations of being militant (they get fired, for example), but such a lesson hardly need translate into learning the limitations of unions, collective bargaining and collective agreements.  Workers may blame unions for the limitations of militancy–unless the limitations of unions, collective bargaining and collective agreements are pointed out, on the one hand, and an alternative vision of what may be is outlined, on the other.

Although struggles are certainly necessary, are they sufficient to enable workers to come to the conclusion that the authority of the class of employers should be questioned? What is more likely is that such struggles will lead to criticisms of particular aspects of such power but not that power as such. Mr. Gindin vastly underestimates the ideological hold this kind of society has on workers and how it is vital to engage in constant ideological struggle if we are to develop democratically to the point where we can consciously and organizationally take corporate power away.

We need to take state power, but not just that. We need to take state power and transform that power so that we can develop our democratic capacity so that there is, on the one hand, a check on what the state does and, on the other, that people are actually participating in state power. This requires developing the technical capacity of ordinary workers to make appropriate decisions that affect their lives and not just having scientists come into government to make decisions for us.

We certainly do need to take state power–and transform it. However, if we are to do this consciously from the start, then we need to question the present state structures in their various dimensions. For example, we need to question the current educational structures, with their emphasis on assigning marks or grades to students, their separation of curriculum into academic (intellectual) and non-academic (vocational, which allegedly has more to do with the body), and so forth. When I belonged to the Greater Toronto Workers’ Assembly GTWA (which morphed into the Toronto Labour Committee), of which Mr. Gindin was practically the head, Mr. Jackson Potter was invited to discuss how the Chicago Teachers’ Union (CTU) organized and led a successful strike. I eventually wrote up a critique of one of the CTU’s documents (see my article “A Deweyan Review of the Chicago Teachers‘ Union Publication The Schools Chicago Students Deserve: Research-Based Proposals to Strengthen Elementary and Secondary Education in the Chicago Public Schools” in the Publications and Writings section of this blog). The response of the GTWA to my critique was–silence.

Education, of course, is just one area that needs to be restructured through the abolition of its repressive features. The courts, police and the legal system need to be radically transformed as well (as I argued in another post and about which Mr Gindin was silent (see   Socialism, Police and the Government or State, Part Two). Health is of course another area which needs to be radically restructured and its repressive features abolished (see various posts on the health and safety of workers on this blog).

Mr. Resnick then mentions Lucas Aerospace, which closed; in response,  and workers came up with a plan to change things by focusing on products needed by the community. Workers built a powerful movement both inside and outside the union.

Mr. Gindin points out that Lucas ended in defeat. Nevertheless, what is inspiring in the case of Lucas and in Oshawa is the focus on producing not for profit but for social need, which stimulates the imagination and leads to diverse creative ideas. The problem is that you need the power to implement them.

You do indeed need the power to implement them. The illusion that workers have much power through collective bargaining and collective agreements needs to be constantly criticized so that they can begin to organize to challenge the power of employers as a class and not just particular employers. In other words, it requires ideological struggle and not just “organizational” struggle. How workers are to build power when they have faith in the collective-bargaining system and collective agreements is not something Mr. Gindin addresses. Why is that? Why does he ignore such a central issue when it comes to talking about unionized workplaces?

Mr. Gindin then points out that people do rebel, but the problem is how to sustain that rebellion.

That is indeed a problem, but failing to criticize one of the keystones of modern unions–collective bargaining and collective agreements–surely impedes a sustained effort at rebellion. Faith in the collective-bargaining process is bound to lead to cynicism since the cards are stacked against workers from the beginning because of the implicit or explicit management rights clause that exists in the collective agreement–and yet workers are fed the ideology that collective agreements are “fair,” “just” and so forth.

Mr. Gindin next claims that people can see that capitalism is not the ultimate end of history since it does not address their needs nor the needs of the environment.

This gives way too much trust in people’s rhetorical criticism of capitalism but their real acceptance of it–as he himself earlier implied. People lack a vision of a better world and accept, reluctantly at times, the so-called inevitability of capitalism in practice. Social democrats may refer to capitalism this and capitalism that, but they do not really seek to overthrow the power of employers.

Mr. Resnick then refers to racial, gender and sexual orientation as divisions that will be overcome in the social movement. Mr. Gindin does not specifically address these issues but claims that when people work together, they begin to form common dreams as they realize they have common problems.

Is there evidence that workers in the closed GM plant at Oshawa now are opposed to the power of employers as a class? After all, surely some of the workers for GM at Oshawa have come together and discussed some of their common problems. Yet earlier Mr. Gindin pointed out that there is much cynicism among such workers. It is not only insufficient for workers to get together and to discuss common problems–since there is such a thing as their immediate common problem–which centers around a particular employer, and the common problem of having to work for an employer as such (any employer)–a problem that is rarely if ever discussed.

Furthermore, Mr. Gindin’s view is not only naive, but there is evidence that contradicts it. As a member of the Toronto Labour Committee, and in good faith, I tried to bring up the issue, in the context of striking brewery workers, of whether their work constituted “decent work” and whether the wages that they sought should be called “fair wages.” I was met with insults by one trade unionist. Mr. Gindin, in addition, claimed that the reference to “decent work” was a purely defensive move. That is nonsense; it is ideology, and should have been criticized. People did not work together over the issue of the legitimacy of collective bargaining and collective agreements; the issue was simply buried through insults and the rhetoric of “defense.”

There is a continuation of the theme that organization is the key–it is insufficient to become aware or that capitalism is bad.

Mr. Gindin fails to see the need to combine a specific kind of organization with ideological struggle. To be sure, without organization workers cannot gain power, but workers will unlikely gain power without engaging in organization and ideological struggle simultaneously. Mr. Gindin minimizes the importance of ideological struggle and exaggerates the importance of mere changes in organizational struggles (such as Ms. McAlevey’s innovations in organizing). Both are required simultaneously, and that means engaging in an ideological battle with the traditional left. Mr. Gindin, however, indulges the social-democratic left and panders to them by avoiding an ideological struggle. Any organization that emerges as a consequence will unlikely be more than an organization that accepts the power of employers as a class.

For Mr. Gindin, what has been defeated is the socialist idea.

That idea was long ago defeated–few workers in Canada adhered to it even in the 1960s and 1970s. Furthermore, Mr. Gindin now implies that ideological struggle is indeed vital–but he implied just above that it was not that important–that organization was vital. Or is he now arguing that both organizational and ideological struggle are vital? If so, why does he not explicitly engage in ideological struggle with his social-democratic supporters?

The following does indeed imply that it is vital to unify organizational and ideological struggle:

We have to organize to end capitalism.

Good. To do so, however, requires meeting objective conditions–and one of those conditions is criticizing those within the labour movement who idealize organizing efforts that merely lead to collective bargaining and collective agreements (such as Tracy McMaster, union steward, organizer, former vice president, Ontario Public Service Employees Union (OPSEU), “our Tracy,” as Mr. Gindin once called her). Mr. Gindin, by not criticizing Ms. McMaster’s reference to “decent work” and “fair wages” fails to meet such objective conditions for the ending of capitalism.

However, Mr. Gindin then makes the following claim:

People see through the system.

Do they really? I doubt it. This view vastly underestimates the ideological hold that the power of employers in its various facets has on workers and the repressive character of various institutions–from work institutions to state institutions People do not see through the system. If they did, they would not pair the struggle for a minimum wage of $15 (and needed reforms in employment law) with the concept of “fairness” so nonchalantly. They would not call collective agreements fair, nor would they imply that there is a relatively equal power between organized (unionized) workers and employers.

Mr. Gindin once again minimizes the ideological struggle.

The issue of a worsening environment through global warming then comes up. Mr. Gindin argues once again that access to the environment will be one of the great inequalities of our times–access to the environment.

As I argued in the previous post, Mr. Gindin’s concept of the environment is faulty. The environment of human beings has included the use of land and tools for millenia. That access has been denied with the emergence of classes and some form of private property (and communal property can be private property relative to another communal property). Access to the environment has always been a class issue–even before capitalism.

An environmental crisis may lead to authoritarian structures arising rather than democratic ones. One of the problems is that people do not see structures through which they can work, commit and have confidence that such issues will be addressed–and this includes unions and political parties. People know that something is wrong, but they lack the confidence of getting at it. That is why fighting through unions is so important; you learn on a daily basis that collectively you can effect things: you can affect your workplace, you can affect your foremen, you can have different kinds of relationships to your workmates.

It keeps coming down to whether people do not know enough or whether people do not see the structures through which they can fight through and win. Mr. Gindin believes it is the lack of structures which forms the problem, not whether people do not know enough,

Mr. Gindin’s criticisms of unions is welcome–but too general and vague to be much help. He should elaborate on why unions are not the structures through which people can “work, commit and have confidence” that their problems will be addressed adequately. Why such a vague characterization of the inadequacy of unions and union structures? What is it about union structures that prevents workers from having the confidence and the commitment to work though them to achieve their goals?

Again, Mr. Gindin underestimates the importance of ideological struggle within the labour movement in general and the union movement in particular.

The labour movement, despite having been kicked around for the last 30 or 40 years, has not concluded that we need to unite in class terms. Certainly, engaging in resistance is vital, but what have we learned from such resistance? To push harder for our own particular agenda, or have we learned that we need a class perspective to address our problems? That we need to recognize that gender, race and wage inequalities must be overcome so that we can function as a class? That does not happen automatically and has not happened automatically. That class perspective has to be built. Otherwise, workers are only individual, fragmented workers with particular identities separate from each other. We need to make ourselves a collective force–a class; it does not happen spontaneously. The potential for workers to make themselves a class has increased, but the potential will not be actualized automatically.

There are various openings or potentialities for politicization, but we should not exaggerate this by arguing that we are well on the way to winning. People are willing to fight, but then the question is: How do we actually organize ourselves to win. We are not very far along in that road.

That road is socialism, which allows the best aspects of humanity to develop.

Certainly, divisions within the working class need to be recognized and overcome in order to form a class. A class perspective needs to be fought for in various fronts. Unfortunately, Mr. Gindin does not see that such a class perspective requires a confrontation with the ideology of the legitimacy of collective bargaining and collective agreements. There will be no spontaneous overcoming of the organizational limitations of unions (including the ones proposed by Ms. McAlevey in her various books) unless the legitimacy of collective bargaining and collective agreements is called into question. This does not mean that unions would not engage in collective bargaining or not have collective agreements voted on; rather, the limitations of collective bargaining and the corresponding limitations of collective agreements would be explicitly recognized via a class perspective, which permits recognition of the need for temporary truces because of a relative lack of power.

My prediction is that Mr. Gindin’s efforts in Oshawa will be in vain since he underestimates greatly the need for ideological struggle in general and the struggle in particular for union members to recognize the limitations of collective bargaining and collective agreements not just rhetorically or by way of lip service but rather practically by ceasing every opportunity to demonstrate their limitations and the need for an organization that addresses such limitations–a socialist organization.

Socialism and Central Planning: Mr. Gindin’s Analysis of The Political Situation of Workers in General, Part One

The following is a two-part series on Bill Resnick’s interview with Sam Gindin, in accordance with the two-part presentation of the interview. I put my summary of Mr. Gindin’s talk in italics; my comments are in regular print. I also use italics when quoting others.

One of Mr. Gindin’s key criticisms of both GM and the union that represented the workers at Oshawa is that GM promised jobs if the union would make concessions. The union made concessions–and GM reneged on the deal and eliminated the jobs. The union did not adequately respond to the repeated down scaling of the workforce but only succeeded in “managing” the down scaling.

Mr. Gindin then argues that an adequate union response requires thinking beyond GM since GM cannot solve this problem. Being militant in bargaining may get you some things, but jobs are not something that bargaining can guarantee. Retaining jobs involves a larger issue and is political. Ultimately, you are arguing on the company’s terms since it holds the trump card of maintaining the facilities open or closing shop.

Let us stop there. There is an implicit critique of the whole union model that has existed in Canada since 1944, when the federal government obliged employers to recognize unions of workers’ choice. If collective  bargaining cannot guarantee jobs, then should not Mr. Gindin criticize the union rhetoric of “fair contracts,”  “economic justice,” and “fairness” (all stock-in-trade phrases of the left here in Toronto)? And yet when the opportunity arose of criticizing the pairing of a struggle for $15 an hour minimum wage (and needed employment law reforms) with the concept of “fairness,” Mr. Gindin remained silent. Why is that? Mr. Gindin claimed that we should be humble, and yet is it not the height of arrogance on his part to presume that such pairing is unimportant? I found the equation of $15 an hour minimum wage with the concept of “fairness” to be politically conservative, and Mr. Gindin’s silence over the matter to be an example of the repeated pandering after popular opinion rather than a needed ideological struggle over what is indeed fair and not fair in our society.

How does Mr. Gindin suppose people operate? If they personally find that something is fair, and no one even addresses the issue, they eventually become cynical and reduce their activities to self-interest. Why bother, they ask themselves? Nothing will change. After all, the so-called progressives in Toronto, Ontario, Canada, think that if I work for a minimum wage of $15, have a few extra rights at work, then everything is fine–it is fair. And yet I have to drag myself out of bed to go to work that is largely determined by others. I have to accept the daily abuse experienced at work if not directly and personally by having a supervisor criticize me but indirectly and impersonally by having my work procedures, work load and so forth determined beforehand by others.  I then have to struggle to return home either by standing in packed subway cars and buses or driving  a car during rush hour to get home and find some kind of relaxation by either partying or watching TV. The rhetoric of fairness feeds into the development of a cynical attitude since most people that the lives they lead in various ways is not fair. To bullshit them by using such words and various phrases does them a great disservice.

What of workers covered by collective agreements? Mr. Gindin is silent on this score. It is not just a question of the impotence of unions to stop employers from closing shop, but he only refers to the impossibility of collective bargaining addressing the issue of jobs. Collective bargaining, however, more generally cannot address the issue of jobs because collective bargaining presupposes the legitimacy of management rights. Why does Mr. Gindin not explicitly criticize the rhetoric surrounding collective bargaining and collective agreements in general? Is this not necessary if we are to overcome the limitations of the union movement? But if criticizing the rhetoric surrounding collective bargaining and collective agreements is necessary in order to free us of the illusion of the fairness of unionized work environments, and if freeing ourselves of such an illusion is a necessary condition for fighting for a socialist society, then a socialist would engage in such criticism.

If, however, doing what is necessary to achieve a socialist society is to abandon our illusions concerning what is fair, and Mr. Gindin refuses to do what is necessary, is he not engaging in unrealistic actions? If questioning the limitations of collective bargaining and collective agreements forms a necessary component of a socialist movement, and Mr. Gindin refuses to engage in such criticism, then how effective will Mr. Gindin’s actions be in the long run?

Where is the humbleness in Mr. Gindin’s actions?

The second point is that we have to deal with the larger issue of economic reconstructing because the present system is not working for the benefit of working people. Workers are no longer getting security or decent wages. The larger issue is how do you deal with economic reconstructing generally and not just GM.

Yes, there is a larger issue, but economic reconstruction is not the only thing that is involved. Mr. Gindin talks a lot about class, but surely a socialist society would involve the abolition of a class society–a radical qualitative change in our lives.  Mr. Gindin, being a “realist,” ignores this dimension of the problem. Economic reconstruction has existed in the past; capitalist emerged through economic (and political and social) reconstruction. However, in a socialist society, the reconstruction would involve the abolition of classes–and Mr. Gindin ignores the radical qualitative change in such reconstruction.

The third point is that radical demands that go beyond GM must be able to connect to the larger community and gain its support by addressing some of its needs. Mr.Gindin then asserts that the obvious issue that connects the two is the environment.

It is hardly obvious to me. As I argued in another post (The British Labour Party’s 2019 Manifesto: More Social Democracy and More Social Reformism, Part One), the focus on climate change is presently a fad (Bill Resnick refers to climate change often enough, outlining a possible apocalyptic life). Not that environmental problems are unreal; however, if people are unmotivated to face the power of employers as a class despite the daily experience of oppression and exploitation, why does Mr. Gindin think the issue of environmental problems will somehow motivate them and have lasting power?

Let us look at the concept of “environment” for a moment. The philosopher John Dewey analyzed the nature of the environment, and it is not something which is somehow “external” to living beings (from Logic: The Theory of Inquiry, pages 33-34):

There is, of course, a natural world that exists independently of the organism, but this world is environment only as it enters directly and indirectly into life-functions. The organism is itself a part of the larger natural world and exists as organism only in active connections with its environment.

The natural world is an environment only in relation to the life process. From John Dewey, Democracy and Education: An Introduction to the Philosophy of Education, pages 12-13:

In brief, the environment consists of those conditions that promote or hinder, stimulate or inhibit, the characteristic activities of a living being. Water is the environment of a fish because it is necessary to the fish’s activities—to its life. The north pole is a significant element in the environment of an arctic explorer, whether he succeeds in reaching it or not, because it defines his activities, makes them what they distinctively are. Just because life signifies not bare passive existence (supposing there is such a thing), but a way of acting environment or medium signifies what enters into this activity as a sustaining or frustrating condition.

The environment is not something external to workers but forms the conditions within which they live both biologically and socially. Some environmental conditions are distant, others close at hand physically. Such an environment in the case of human beings is also social since we are a species that depend on each other (grounded in the relatively long period before an infant can become a productive member of the world).

What are the environmental conditions that will most likely and immediately grip the interests of workers and community members? The priority should be developing opposition to the power of employers as a class, and community issues should be linked to that issue–such as housing, health, education, social services, the police and the oppressive forms in which such community services are provided. and, yes, the environment in a wider sense, but only in conjunction with the other issues. The view that the “environment” is something independent of us is nonsense. The environment as an isolated area of our lives will  unlikely have lasting power to engage workers and community members interests; it must be linked to these more immediate interests if it is to have lasting power rather than be just a fad.

He then summarizes these three points: the left must address the problem of the corporations not solving our problems, of how to deal with economic (and political) restructuring) and how to address the first two in relation to problems associated with the environment. Unions must thus become something other than what they have been since they have lost focus and direction under the sway of globalization and neoliberalism. Mr. Gindin, however, refers to the private-sector unions and leaves open the question of the nature and efficacy of public-sector unions.

I have already addressed the issues above-except Mr. Gindin’s backhanded idealization of public services and public-sector unions. This should come as no surprise. Mr. Gindin’s conception of socialism involves an expansion of public services via nationalization–as if the current form of public services did not require thorough reconstruction due to their oppressive nature. See my brief criticism The Contradictions of Social Democracy: Mr. Gindin’s Musings on the Closure of GM’s Oshawa Plant  and a more in-depth criticism of nationalization (and, indirectly, the idealization of public services) in the 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; see also The Money Circuit of Capital ).

Mr. Gindin then outlines his alternative plan. We should take over the GM plant, put it under public ownership and converting the plant and having the now unemployed workers use their diverse skills in the assembly facilities, the paint shop, the stamp shop and coordinating it with components plants in the surrounding area.

Such a plan needs to be linked to the environment for at least two reasons. In the first place, Mr. Gindin implies, the problem of the environment is urgent and needs to be addressed now. In the second place, the planned alternative facility should not face the constraints placed on it by competition from other capitalists in China and other parts of the world.

The appeal to the urgency of problems associated with the “environment” reminds me of some Marxists’ appeal to the urgency of transitioning to socialism because of the inevitable breakdown of capitalism. This hype about the urgency of environmental problems is unlikely to grip the interests of most workers and community members; they have more pressing immediate problems, like getting to work on time, enduring their work life without suffering too much humiliation, finding some meaning in their work life, going home and not suffering further problems.

It does make sense to seek areas of  production where competition is limited in order to prevent competition from leading to cuts in wages, benefits and deteriorating working conditions.

To kill two birds with one stone, it is necessary to engage in planning, and this planning requires not only the state becoming engaged in the process but in a more aggressive state that improves environmental standards by obliging people to move away from an economy based on fossil fuels. Furthermore, the state could also function as consumer by purchasing electrical vehicles. In addition, the state could use some of what it purchases for the expansion of public transport, thereby reducing the use of private vehicles and decreasing dependence on fossil fuels. Mr. Gindin calls the state planning to this end democratic planning. Democratic planning is impossible if key economic decisions are made by private companies.

I am dealing with Mr. Gindin’s inadequate treatment of socialism in other posts (see,  for example, Socialism, Part Nine: Market Socialism as an Initially Necessary but Inadequate Social Model). In relation to democratic planning, though, I will add that the idea that the total planning of society is to arise through the state was not an idea proposed by Marx: the state may own the means of production in the sense of preventing private individuals from denying workers to collectively use them, but the control over those means of production would be in the hand of workers themselves and not the state. From Rob Bryer, Accounting for History in Marx’s Capital: The Missing Link, page 277:

The section rejects the dominant interpretation that he advocated central planning. Marx’s mature concept of socialism abolishes markets for capital and labor power, but the section argues it requires competitive markets for products and services, cooperative enterprises, and accounting to hold enterprise management accountable to workers, and workers accountable to society.

(Bryer’s view of socialism has its own limitations in that he sees that Marx distinguished a socialist society that emerges from capitalism and a society that maintains itself on its own basis, but he then eternalizes markets.)

Mr. Gindin is an advocate of central planning, as is evident from the following:

Environmental change involves radical change since it involves change throughout society–including both production and consumption. We need to begin to create the capacity to convert to an environmentally friendly economy in every community by creating from research centers (peopled by young engineers) that inquire into what capacities, skills and equipment we currently have and what we are going to need to make the transition to an environmentally friendly economy. At the same time, the state needs to restructure the economy through, for example, raising environmental standards that require such environmentally friendly restructuring.

Mr. Gindin then contends that for this to work, several components must work together: planning, decentralisation and calling into question the private power of employers.

He then returns to the issue of environmental problems and the large-scale nature of the problem and the urgency of the problem. The problem cannot be addressed through the fragmented market nor can it be addressed through general phrases about the environmental crisis; if we stay at that level, workers will simply ignore the issue since they lack control over their lives and cannot address the issue when it is posed in general terms.

He then argues that since planning is required, it is necessary to control what you are planning. This involves changing property relations at work, which requires real struggle with workers to oppose the closing of plants not just in Oshawa but in many other communities.

Mr. Gindin admits that for now there is no base for such an approach; it would be necessary to organize for such an end. He also points out that the modern state is a capitalist state, which manages discontent by controlling and managing labour; the capitalist state has not developed planning capacities. What is required is a transformation of the capitalist state so that the state can plan democratically.

He argues that the capitalist market is failing in various ways in meeting our needs, from security to equality, environment and a rich personal life. Business is very vulnerable in these areas since it does not really meet these needs.

We need to develop the capacities of the working class to represent these needs, and it will not be easy. The working class must be reconstructed into a social force with the confidence to address these needs.

Mr. Gindin then claims that, during the Second World War, planning did indeed occur within the state, but the planning was performed mainly by businessmen becoming state officials. With the end of the war, they exited the state because they did not want the state to become autonomous. To be sure, the state has developed the capacity for planning in various departments, but it has not developed the capacity to engage in overall planning at the national level during normal periods (not exceptional periods, like wartime). Furthermore, the state does not know how to plan democratically. It is necessary to transform the state, and that will not be easy.

There are several problems with the above. Firstly, the reference to “decentralisation” is left hanging in the air. Where does decentralisation come into play in Mr. Gindin’s view of the nature of socialism. It remains a mystery. Secondly, it is not only necessary to call in question the private power of employers but the public power of state employers over employees. Thirdly, he talks about how workers need to oppose the closing of factories in various communities. Since the police protect the right of employers to close factories, Mr. Gindin should have indicated some kind of strategy about how to deal with the violent means used to protect the closing of factories and workplaces. Fourthly, even if he did propose such a strategy, it would probably involve workers having to jeopardize, if not their lives, at least their livelihood as the capitalist state through the courts fined them or threw them in jail. Would Mr. Gindin engage in such needed opposition personally? Fifthly, Mr. Gindin merely repeats the well-worn idea that central planning is socialist. This is hardly so. A common plan need not be a central plan formulated by some separate entity called the state. From Bryer, page 283:

Second, while Marx often wrote, for example in Volume 1 of Capital, that socialism would function according to a “definite social plan” (1976a, 171), there are two meanings of the word “plan” we need to keep separate. The dominant interpretation is that by “plan” Marx meant, “A table or programme indicating the relations of some set of objects,” “a detailed formulation of a plan of action,” in his case a production and consumption program or plan of action for society.3 The chapter, however, argues he meant a “scheme,” “of arrangement” or “of action,” a “Method, way of proceeding,” “a method for achieving an end,’ a way of organizing society. As Jossa (2005, 11) puts it, “while Marx and Engels certainly conceived of the plan as an antidote to the anarchical nature of the capitalistic market, they were thinking of a plan for abolishing the production of commodities and so not based on the law of value,” a scheme or way of organizing society for abolishing value.

Marx’s way of organizing socialist society, his concept of its relations of production, the chapter argues, is not the supervision or action controls implied by the central planning interpretation, but results control by workers.

Mr. Gindin’s reference to the state (which is not to wither away according to Mr. Gindin but is to expand) and implied central planning, on the one hand, and a democratic state, on the other, contradict each other. Marx, by contrast, was more consistent:

For Lavoie (1985) the ‘procedure’ or ‘process’ must be central planning. However, Marx and Engels consistently argued for a democratically elected and accountable workers’ state, for control by workers, which is what they meant by their occasional uses of ‘dictatorship of the proletariat,’ not ‘dictatorship of the Party’ or their leaders (Draper 1986). Against Lassalle’s fetishism of the state, the theoretical side of his pervasive authoritarianism” (Draper 1986, 304), as Marx put it, “freedom consists in converting the state from an organ superimposed upon society into one completely subordinate to it” (1989, 94), that is, in making the state fully accountable to workers. To provide the economic basis for democracy on Day 1 of the ‘dictatorship of the proletariat,’ to transcend capitalism’s profit and loss system of accounting control that Marx had explained in Capital (Bryer 2017), it implements a system of cooperative enterprise and social accounts, not central planning, a conclusion that Engels accepted, and Lenin eventually drew (see Bryer 2019a).

It is workers who will have to learn how to coordinate their own work and not the state as a separate entity. That such a learning process may take years or decades does not mean that the principle should be abandoned since coordination by workers (and communities) must begin from the beginning. With the elimination of capital markets and a market for workers, worker cooperatives (and community organizations) could emerge and serve as the learning organizations for such planning. From Bryer, page 277:

Fourth, the chapter analyses Marx’s criticisms of the draft Programme of the Socialist Workers’ Party of Germany, the Critique of the Gotha Programme (1875). …  He re-emphasized his long-standing vision of socialism based on a universal system of worker cooperatives that, transcending capitalist accounting control, must be accountable to workers and society for the production of value on Day 1.

Planning can emerge inductively through a federation of cooperatives, as Bryer argues (page 276):

To make this change the proletarian state takes all means of production into its hands, thereby abolishing the capital market, and abolishes the market for labor power, replacing ‘free’ wage workers with free social agents by replacing joint stock companies with a universal system of worker cooperatives, accountable to their worker-shareholders and to society.

It is through this “inductive” process rather than the “deductive” (top-down) process of planning that workers and the community will at last begin to control their own life process–and not through some form of central plan divorced from the workers and the community. Mr. Gindin may claim that he agrees with this, but his argument implies the divorce of the planning process from those who experience the consequences of this process–hence, his claim, in another writing, that the state is not to wither away but to expand.

I will continue in another post with critical commentary on the second part of the interview of Mr. Gindin. I suspect, though, that it will probably contain the similar arguments as above.

Implied Management Rights in a Collective Agreement in Mexico: Workers’ Obligations and Prohibitions

When looking at collective agreements in Mexico, I was unable to find a readily available management rights clause. Perhaps there are some, and if anyone has information concerning them, please make a comment so that I can incorporate them into this blog.

However, perhaps Mexican management rights are expressed in a different way. The obligations and prohibitions of employees, of course, is the other side of the coin of management rights.

I did find that Mexican collective agreements do contain provisions that specify the obligations and prohibitions of workers. For example, in the collective agreement in force from 2016 until 2018 between El Instituto Nacional Para la Educacion de Adultos (ENPA) (National Institute for Adult Education)  and the Sindicato Nacional de Trabajadores de la Educacion para Adultos (SNTEA) (National Union of Adult Education Workers), pages 50-57, indicates various obligations (clause 87) and prohibitions (clause 88).

Below is a rough translation of some provisions from Clause 87, page 50.  Since I am not a translator, the translation is approximate:

The following are obligations of the workers, in addition to those imposed by law:

II. Attend conscientiously to the carrying out of their work;
III. Carry out the functions appropriate to their job with intensity and care, abiding by the directives of their bosses, laws and rules;
IV. Obey the orders and instructions that they receive from their superiors in matters relevant to the carrying out of their service;
V. Fulfill orders that are dictated in order to confirm one’s attendance;
VI. Contribute with total efficiency within their powers and functions to the realization of the programs of the Institute and keep in all their acts total dedication and loyalty to the Institute;

Do these provisions express a “fair contract?” Or does it express a situation of hierarchy, where workers, because they lack control over the conditions of their work and employers control those means, are expected to follow the orders of their “superiors” unless they are willing to face punishment in one form or another?

Do these provisions express the freedom of workers? Or do they express their lack of freedom?

From Clause 88, pages 54, 56

It is forbidden for workers:

VIII. To foment by whatever means disobedience to their superiors;
XXXIII. To realize acts that relax the discipline that must rule in the workplace.

The same questions could be asked about these provisions.

The left here in Toronto (and in Canada in general), however, are incapable of answering such questions. They do not ask such questions. There is no discussion of such questions. Such is the lack of democracy in Canada these days.

Should we not be discussing such issues? If so, why are we not? What can be done to stimulate discussion of these and related issues?

What do you think?

Son obligaciones de los trabajadores, ademas de los que imponen las leyes, las siguientes:

II.

Transparency in Collective Bargaining: A Necessary but Insufficient Condition for Democratic and Rational Working-Class Practice

Rebecca Keetch wrote an article that was posted on the Socialist Project’s website on transparency and collective bargaining (https://socialistproject.ca/2020/09/canadian-auto-workers-fight-for-contract-transparency/). Ms. Keetch was a former GM worker at Oshawa, Ontario, Canada, and she is a member and activist of Green Jobs Oshawa.

Ms. Keetch advocates for transparent bargaining in a form similar to what I tried to do when I was a member of the negotiating committee for the support workers of the Prince George School District No. 57, in Prince George, British Columbia, Canada (see Reform or Abolition of the Police, Part One). Not only must we present to our unionized fellow workers the proposals that we have tentatively negotiated but also what we have been unsuccessful in negotiating or had to modify in the process:

As bargaining at the Detroit Three automakers kicks off in Canada, union members are fighting back against a longstanding undemocratic contract ratification process. In an unprecedented development, the Solidarity Movement, a rank-and-file movement within Unifor, has launched a petition to demand full disclosure of the collective agreement before voting takes place. Since the launch in early August, more than 1,800 members have signed.

The petition calls on Unifor leadership to “provide full disclosure of the contents of the contract, five days before ratification, by publishing all revisions, additions, deletions, and changes to the contract, clearly marked, on the Unifor National website and the websites of the locals involved in ‘Detroit Three’ bargaining.” It also requests “that the ratification highlights include a clear statement of all money and benefits negotiated on behalf of union representatives and any money or benefits negotiated to be paid to the Locals and/or National Union.”

In the US, the United Auto Workers publishes the full contract with all changes on its website where Detroit Three members can read it before they go to their ratification/information meetings — a long-time demand of American union reformers. The UAW began posting the tentative Detroit Three contracts online in 2011.

This movement to create transparency is to be welcomed. Workers deserve to be able to see what negotiators have done on their behalf before making a decision on whether to ratify the collective agreement or to reject it. It is their lives, and they have a right to make decisions concerning its direction and quality as far as is humanly possible.

Ms. Keetch certainly is moving in a more democratic position when she writes:

The members’ concerns should be acknowledged, not simply dismissed. Real democracy means taking our lead from the members.

She then outlines the procedures used in typical undemocratic collective bargaining:

Historically, auto negotiations are secretive. Once contract demands are collected by leadership, workers are nearly shut out of bargaining, which takes place behind closed doors. At the completion of bargaining, information/ratification meetings are immediately scheduled.

As members enter the meeting, they are given a handout called a “Bargaining Report.” The Bargaining Report contains highlights of the tentative agreement and includes messages from the national president and other leaders encouraging ratification. Union leadership and staff make a presentation on the highlights of the agreement. Members are given limited time and opportunity to ask questions and no opportunity to meaningfully discuss the agreement with each other before being required to vote. Historically, voting has taken place at the information meeting.

She then argues that the Constitution of Unifor is supposed to be democratic and that it is necessary for it be in reality democratic rather than just formally:

Democracy In The Constitution

The Unifor constitution makes it clear that Unifor is intended to be a democratic organization and that the members are meant to control the union. Article 2, Section 1 states, “Unifor is a voluntary organization that belongs to its members. It is controlled by members and driven by members. Its role is to serve their collective interests in the workplace and in our communities. The life of Unifor is shaped by the essential ingredient of democratic participation. Democratic values are the foundation of all that we do. Our commitment to the principles and practices of democratic unionism define who we are and are reflected in our rules, structures, and processes.”

Our constitution cannot just be words on paper. If union leadership doesn’t live and breathe to empower and engage the membership, if leadership limits worker agency, participation, discussion, and debate, then the inevitable outcome is a weak, disempowered membership that can’t fight back when the bosses are trying to walk all over us.

Unifor members are often told to just trust our leadership. But ratifying a collective agreement isn’t about rubberstamping whatever the leadership brings. If that were the case, why would we even go to the time and trouble of having a ratification vote? With technology today, it couldn’t be cheaper or easier to make the contract available ahead of ratification.

The democratization of the collective bargaining process at the level of the local is certainly necessary. However, even if it were democratized, the result would not overcome limitations which Ms. Keetch does not address.

She makes the following claim:

Though the collective agreement is one of the most important documents to shape a worker’s life, Canadian auto workers at General Motors, Fiat-Chrysler, and Ford are not allowed to see it before we are asked to ratify it. Unifor, the largest private sector union in Canada, represents nearly 17,000 auto workers at the Detroit Three.

Technically, as a document, the collective agreement does indeed shape a worker’s life–by limiting what the employer can do. From a worker’s perspective, it is, on the one hand, a a tool for limiting the power of management and, on the other, an expression of monetary remuneration and benefits for transferring the power of control over the worker’s life, temporarily, to the employer.

Ms. Keetch’s critique of the collective bargaining process is more advanced than Brian Forbes’ implicit defense of typical collective-bargaining procedures (see the article “Critique of Collective-Bargaining Models in Canada” found in the Publications and Writings section of this blog) since Mr. Forbes fails to criticize the traditional anti-democratic model of collective bargaining.

However, what if you democratize a process in the context of a situation that is undemocratic? Ms. Keetch nowhere explores the limitations as such of the collective bargaining process and the resulting collective agreement in the context of a class of employers. How does this context “shape a worker’s life?” Is this context more or less important than the collective agreement?

Readers who have read some of my posts will already know my answer: the context of a class of employers and the associated economic and political structures influences workers’ lives much more than any collective agreement. The level of influence of this context can be seen explicitly seen in various managements rights’ clauses in collective agreements (see, for example, Management Rights, Part One: Private Sector Collective Agreement, British Columbia or Management Rights, Part Two: Public Sector Collective Agreement, Ontario). This lack of reference to this class situation will at most enable particular workers working for particular employers to limit their particular employer’s power in the best way possible without moving towards threatening the power of employers as a class.

Transparency is not only necessary at the level of the particular employer but at the macro level of the class economy. Mr. Keetch’s reference to democracy needs to involve both micro and macro level transparency if workers are to make rational decisions concerning the working lives and the purpose of their organizations.

At the micro level, even if there were complete transparency during collective bargaining, how would workers decide on what to do if they took no or little account of the macro structure that involves treating them as impersonal means for impersonal ends (see The Money Circuit of Capital).

Should there not be open discussion about the kind of economy that exists in order for workers to make rational decisions about the adequacy of collective agreements in meeting their lives, both inside and outside work? To exclude transparency in the wider situation is like looking at the hand and treating it as if it were the whole body. The hand may look to be in perfect condition, but not when linked to a body that has invasive cancer in the bladder, or rectal cancer or metastatic liver cancer.

Nor can any collective agreement be considered a fair contract without considering the context of exploitation and oppression characteristic of the general situation of workers–whether in the public or private sectors (see various posts on management rights in both the public and private sectors on this blog. See also such posts as Employers as Dictators, Part One , The Rate of Exploitation of Workers at Magna International Inc., One of the Largest Private Employers in Toronto, Part One and The Rate of Exploitation of Magna International Inc., One of the Largest Private Employers in Toronto, Part Two, Or: Intensified Oppression and Exploitation).

It is thus questionable whether collective bargaining can really be transparent if the wider picture of the general economic and political structure is excluded. If the purpose of transparency of the collective-bargaining process at the micro level is to ensure that workers make democratic and rational decisions concerning their lives, it is necessary to move towards macro transparency.

The purpose of this blog is, in part, to move in that direction. If others wish to do so as well, they are most welcome to do so on this blog or by providing links to their own blogs or other resources.

The Contradictions of Social Democracy: Mr. Gindin’s Musings on the Closure of GM’s Oshawa Plant

The following is a critique of an article written by Sam Gindin before the coronavirus pandemic emerged. It is relevant to the current situation because of the current call for public ownership as a solution to the problems that we face.

Mr. Gindin published an article on February 3, 2020, titled Realizing ‘Just Transitions’: The Struggle for Plant Conversion at GM Oshawa. Here Mr. Gindin attempts to criticize, on the one hand, what happened at GM Oshawa (elimination of around 2200 direct jobs when GM closed the auto plant), and on the other to suggest what should be done to prevent such a situation to arise in the future. However, his own social-democratic position, with its implicit assumption of not challenging the power of the class of employers, shines through in the article.

Mr. Gindin claims that GM’s decision to close, among other plants, the GM Oshawa plant left the recently elected Conservative government of Doug Ford “red-faced”:

The response of the federal government, which had used the preservation of jobs to justify giving GM billions in public funds during the financial crisis, was a tepid ‘disappointment’. The provincial government, which had been plastering the province with the slogan ‘Ontario is open for business’ was left red-faced when, as its billboards were going up, GM announced the closing of one of the largest workplaces in the province.

Where is there evidence that the Ford government was embarrassed at all? The idea of “open for business” includes the idea that, in the competitive struggle for survival, corporations will sometimes close down. The obverse side of “open for business” is–“closed for business.” Corporations are free to decide to open and close doors as they see fit–such is the nature of neoliberalism. Or is that not so?

Mr. Gindin then criticizes Ms. Dias, head of Unifor (which represented the workers at GM Oshawa):

Nor did the autoworkers’ union, Unifor, escape its own share of discomfort. Less than two years earlier, its leadership had negotiated lower wages and pensions at GM for new (essentially younger) workers in spite of those workers doing exactly the same job as those beside them. This betrayal of union solidarity was sold to the members as a victory because of its promised retention of jobs. When the closure exposed the job ‘guarantees’ as a sham, the national president reacted with predictable bluster and launched a public relations campaign to shame the corporation into reversing its decision.

Undoubtedly, Mr. Dias would have preferred for the plant not to close. To prevent such an action, Mr. Dias negotiated a collective agreement that involved “lower wages and pensions at GM for new (essentially younger) workers in spite of those workers doing exactly the same job as those beside them.” Mr. Gindin objects to such a negotiated agreement on the basis of “union solidarity.” The principle of union solidarity, it would seem, involves attempting to have all union members who are doing the same job to be treated in the same way. (Note that Mr. Gindin does not refer to “labour solidarity” or “worker solidarity” but “union solidarity.” Mr. Gindin is a friend of–unions. As I argued in another post, he is too close to unions to adequately criticize them. But that just as an aside).

Mr. Gindin then refers to how this “betrayal to union solidarity was sold to the members of a victory because of its promised retention of jobs.” It is of course possible to criticize Mr. Dias and others for sacrificing some workers in exchange for an impossibly guaranteed retention of jobs. However, Mr. Gindin does not explicitly question the power of employers to make decisions that involve closing down plants. Such power forms part of management rights and is often embodied in a management rights clause, implicitly if not explicitly. Why does Mr. Gindin not criticize this fundamental right?

And why does he not criticize the attempt by many unions to “sell” negotiated collective agreements on the basis of “fairness,” “decent work” and so forth? He certainly criticizes Mr. Dias’ attempt to “sell” the betrayal to union solidarity” in relation to the creation of a two-tiered collective agreement–but he nowhere criticizes the implicit or explicit acceptance of unions and negotiating committees to the legitimacy of collective agreements. Union reps often “sell” negotiated collective agreements that need to be ratified to their members by referring to them as “fair contracts”

“We have been trying to negotiate a fair contract for seven months,” said James Nugent, the bargaining team’s chief spokesperson [for CUPE Local 3902, or the Canadian Union of Public Employees Local 3902]. “We’ve been fighting for better learning conditions for our students and better working conditions for our members. Last night, our members sent us back to the bargaining table to keep fighting for those things, and that’s what we intend to do.”

Union reps often try to “sell” this ideology of “fair contracts” to their members. Why does not Mr. Gindin criticize this ideology and not just the ideology of two-tiered contracts? What happens if a collective agreement does not have a two-tiered provision? Does that then make it a “fair contract?” Mr. Gindin is silent over the issue–as are union reps. Why this silence?

Mr. Gindin then has a section that outlines an alternative:

Toward an Alternative

A small group of rank and file Oshawa workers and retirees understood that far more was needed; both logic and history suggested that appealing to GM to rethink their cold calculations was naïve. They joined with other community allies, including the Durham Labour Council and supporters from the Toronto-based Socialist Project, to establish Green Jobs Oshawa. Its mandate was to explore and organize around other possibilities for the Oshawa facility.

A problem already arises. I am ignorant of the specific nature of the Durham Labour Council, but the Toronto and York Region Labour Council does not call into question the legitimacy of the power of employers as a class; rather, it presupposes such legitimacy (John CartWright, president of the Council, refers to “economic justice”–implicitly referring to collective agreements. See my post  Ontario Looks Right–With Some Help From the “Left” ). I have criticized  as well some of the views expressed by the Steering Committee of the Socialist Project (see The Socialist Project’s Critique of Doug Ford’s Attack on Local Democracy Falls Short).

But let us proceed:

Four perspectives drove their ambitious proposal. First, GM was the problem, not the solution.

Yes, GM is a problem and not the solution–but it is not just GM that is the problem but the power of employers as a class, of which GM is only one example. Defining the problem only in terms of a particular employer is a typical social-democratic trick of focusing on one “bad” employer rather than the class of employers. Already, looking at alternatives seems limited.

Let us continue:

Second, expecting to compete in the market with China, Mexico or plants in the American south was no answer. It would only reproduce past pressures on wages and working conditions, past insecurities and past failures. Third, any alternative would need to introduce a product with special social significance. And fourth, the issue was not just jobs but retaining Canada’s manufacturing capacities.

Seeking an alternative product that would prevent competition with other workers in the same kind of market is certainly to be preferred. As for “a product with special social significance,” this issue is connected to the following:

The Oshawa facility could then be converted to assembling fleets of electric vehicles. The sale of these vehicles was to depend not on market competition, but a social plan based on direct government purchases of the products the government had invested in. The fleet vehicles involved would range from electric post office vans (as recommended earlier by the Canadian Union of Postal Workers) to hydro-electric vans, newly designed school buses, ambulances and police cars. With that base, the plant could also produce electric cars for individual consumers and, depending on how much space remained available, add other environmentally-related products.

The government would provide the bulk of demand for the output, with individual consumers making up any needed demand so that the Oshawa facility could be fully utilized (GM had identified under-utilization of the capacity of the plant as a major reason for its closing).

The government as the major consumer would also be the major owner:

In line with this outlook, Green Jobs Oshawa called on the federal government – or the municipal government with substantial financial and technical support from the feds – to take over the land and equipment idled by GM.

The government would then become both the employer and the major consumer. This solution may certainly have retained the jobs–but would not have changed the use of workers as things by government. Merely because the government is the employer does not prevent workers from being exploited and oppressed (see The Money Circuit of Capital).

Why did Green Jobs Oshawa not call on the government to take over the plant while concentrating decision-making power over the plant with the workers who worked there? Why did it not call into question the power of employers to make decisions at all that can affect the lives of many workers and the community–investment decisions? Why not use the GM shut down as an example of the dictatorial power of employers? Why this focus on the government as the saviour rather than the workers and the community?

Green Jobs Oshawa, rather, tried to evade this central issue:

The message was that jobs, the environment, and the industrial capacities for conversion and restructuring are inseparable. From that perspective, saving Oshawa was not an end point but a beginning and an example to build on.

Jobs, the environment and the industrial capacities for conversion are not just inseparable. To adequately address them, it is necessary to address the power of employers as a class, the infinite movement of capital (see  The British Labour Party’s 2019 Manifesto: More Social Democracy and More Social Reformism, Part One) and the social and political structures that go with them.

The next section of the article is titled “Frustration and Persistence.” Mr. Gindin outlines what he believes is the cause of workers’ skepticism concerning such an alternative:

Frustration and Persistence

Green Jobs Oshawa developed a website, distributed leaflets to workers, held educationals and public forums in Oshawa and Toronto, organized petitions, commissioned a widely respected professional feasibility study confirming its case, received sympathetic attention in the press and gave numerous media interviews. Yet the committee couldn’t generate the necessary level of support, starting with the workers themselves.

The workers in Oshawa were frustrated and angry, but anger doesn’t necessarily translate into activism. Having experienced the steady drip-drip decline of the Oshawa complex, having recently suffered demoralizing defeats after defeats in bargaining, and now seeing the final end of vehicle assembly in the city, workers had shifted to survival mode. In that state of mind, most workers, it seemed, had simply stopped even thinking about possibilities. Nor was it unusual for workers to guard against hope creeping into their consciousness; risking the pain of once more seeing hopes dashed made even hope something to willfully avoid.

Though workers contacted by Green Jobs Oshawa generally considered the proposals on conversion as sensible, this was trumped by their skepticism of ‘sensible’ driving economic and political decisions. Critical here was the role of the union. As frustrated as workers were with the union, they still looked to its structures and resources for leadership, especially given the radical nature of the alternative proposed. But with both the national and local leadership not interested in and even hostile to an alternative, it was no surprise that workers were lukewarm to committing to a fight for a long-shot alternative.

Important here, as well, were the limits of the environmental movement. Environmentalists have most impressively raised public awareness of the looming environmental catastrophe. Yet they have been far less successful in getting the mass of working people on side. Two inter-related problems stand out. First, the promise of a ‘just transition’ is well-meaning but unconvincing to workers; workers rightly ask how such a commitment could be met in a society driven by competition and private profits. Second, with the environmental movement generally absent from workers struggles, developing ‘awareness’ could only go so far.

Workers have been indoctrinated from school to accept the power of employers to make decisions over their lives (as I show in a series of posts on indoctrination in schools via the silence of the Canadian history curriculum over the historical emergence of employers and employees. See, for example,  Co-optation of Students at School Through We Day, Or School Indoctrination, Part One). Various organizations and activities reinforce such indoctrination (union ideology of “fair contracts,” “decent work,” social organizations that deal with oppressing people in various ways (child and family services, social assistance, collection agencies, courts and the like). To counteract such indoctrination, it would be necessary to engage systematically in a critique of such indoctrination–but Mr. Gindin does not believe that such a systematic and engaged critique is necessary (otherwise, he would have engaged in such criticism when the opportunity presented itself in relation to pairing the fight for a minimum wage of $15 an hour with the idea of “fairness”).

The skeptical attitude of workers in relation to their own capacities for controlling their lives in the face of multiple forms of indoctrination and oppression is understandable, but Mr. Gindin ignores such indoctrination and oppression in practice.

The final section is called “Green Jobs Oshawa Lives On.” Mr. Gindin states what he thinks has and has not been accomplished in the Green Jobs Oshawa” campaign and what should be done:

Green Jobs Oshawa Lives On

Measured by its ability to keep the Oshawa facility humming, Green Jobs Oshawa was not successful; today, no more vehicles are being assembled in Oshawa. But measured by their work in placing a vital but largely ignored issue on the agenda – the steady loss of the productive capacity we will need to reconstitute the environment – brings a more encouraging conclusion.

Though the Oshawa facility is now quiet, the battle to revive it, with all its noise and productive bustle, continues. The facility still has waiting assembly lines, a body shop, a paint shop, and 10 million square feet of space. In Oshawa and nearby, there is no shortage of workers anxious to apply their too often underestimated skills, suppliers with flexible tooling capacities, and young engineers leaving university anxious to apply their knowledge to developing socially useful products. Green Jobs Oshawa continues to send out material and speak at events, making connections and spreading the urgent discussion of possibilities.

Workers – with the support of their union leadership where possible, on their own if that leadership is not sympathetic – should be setting up committees to consider the future of their workplaces and holding meetings to discuss the plant occupations, nationalizations and conversions in other cities facing major manufacturing shutdowns.

The Canadian Labour Congress should be supporting and coordinating such initiatives with its own research and also joining with the environmental movement to take the initiatives further. A significant step would be to lobby for a National Conversion Agency with the authority and financial and technical resources to intervene when plant closures occur or seem imminent.

Provincial federations of labour could focus on the environmental particularities of their own regions as, for example, the Alberta Federation of Labour has started to do in addressing how the inevitable transition away from oil could be economically and socially managed. This could include lobbying to establish local tech-enviro centers populated by the hundreds of young engineers mentioned above. Alongside coming up with possibilities for local conversion and development, they could contribute to spreading understanding to the community of what we face and what needs to be done.

For private sector workers, the crucial fact is that environmental pressures will require transforming everything about how we live, work, travel, and use our leisure time. Such a massive and unprecedented undertaking (the conversions entering and exiting World War II come closest) can, if done right, mean not a loss of jobs but a shortage of workers trying to meet society’s ‘regular’ needs and the demands of environmental reconstruction.

As for the public sector, the growing acceptance that environmental limits translate into limiting individual consumption in the developed countries leads to a greater emphasis on collective consumption. We are on the cusp of having to urgently redefine what we mean by ‘abundance’ and to place greater value on retrieving our time, leisure, social services (health, education), collective goods (public transit, libraries), and public spaces (sports, music, arts, parks) – a reorientation, that is, to the expansion of the public sector and public sector jobs.

Finally, for environmentalists, truly addressing the scale of what must be done means moving from a vague anti-capitalism to an aggressive – and confident – call for democratic planning and its corollary of fundamentally challenging corporate property rights. And addressing how to implement such policies, requires bringing the mass of workers on side to both the environmental necessities and to the overcoming of capitalism. This can only begin with actively supporting the defensive struggles of workers with the goal of linking them, as Green Jobs Oshawa has tried to do, to those larger issues of conversion and democratic planning in the shaping of the world to come.

In short, the issue is not simply a matter of bringing the environmental movement and the labour movement together; each must be transformed if the sum is to be more than the currently limited parts. The environmental movement must raise itself to a new level by concretely engaging the working class, and the labour movement must escape what, for it, has become an existential crisis. The threats and opportunities of the environmental crisis offer a chance for labour revival, but only if this incorporates a renewed approach to organizing, struggle, radical politics, and the maximization of informed membership participation. •

Mr. Gindin follows the British Labour Party, in its Manifesto, by jumping on the bandwagon of environmentalism–rather than focusing on criticizing the power of employers as a class (which would involve criticizing union ideology of “fair contracts,” “decent work,” “fair collective bargaining,” and the like) , first, and then linking that issue to environmental issues (see my post  The British Labour Party’s 2019 Manifesto: More Social Democracy and More Social Reformism, Part One). Mr. Gindin only near the end of this section does Mr. Gindin address this issue:

Finally, for environmentalists, truly addressing the scale of what must be done means moving from a vague anti-capitalism to an aggressive – and confident – call for democratic planning and its corollary of fundamentally challenging corporate property rights.

But earlier, Mr. Gindin claims the following is the key issue:

But measured by their work in placing a vital but largely ignored issue on the agenda – the steady loss of the productive capacity we will need to reconstitute the environment

The deindustrialization of the advanced capitalist countries–is that really more important than another issue that has been “largely ignored”–the power of employers as a class? Which should the left focus on? And if we focus on the power of employers as a class, should we not criticize the ideology of many unions, which often try to sell the results of collective bargaining as a “fair contract?”

Frankly, Mr. Gindin’s approach fails to see the need for a rigorous and persistent struggle against those who justify collective agreements with such phrases. The same applies to other social movements who refer to “fairness” and the like. We need to use every opportunity to oppose such indoctrination.

Mr.Gindin, however, argues only for the positive side in the following:

Workers – with the support of their union leadership where possible, on their own if that leadership is not sympathetic – should be setting up committees to consider the future of their workplaces and holding meetings to discuss the plant occupations, nationalizations and conversions in other cities facing major manufacturing shutdowns.

To set up committees that are more than paper committees, it would be necessary to deal with the limitations of unions, collective bargaining and collective agreements while recognizing that collective agreements do provide some real protection for workers. If workers merely set up committees without engaging seriously in debate over the pros and cons of collective bargaining and collective agreements, then such committees will likely be isolated from the needs and interests of workers.

It is interesting that Mr. Gindin engages in abstract moralizing when referring to what the Canadian Labour Congress (an organization of affiliated unions that represent over three million Canadian workers) ‘ought or should do’:

The Canadian Labour Congress should be supporting and coordinating such initiatives with its own research and also joining with the environmental movement to take the initiatives further.

Another inadequacy of Mr. Gindin’s approach can also be seen from the above quote. Hegel, a German philosopher, saw through such empty phrases as “ought to” or “should” long ago (from the Encyclopedia Logic, page 30):

… the understanding, which regards its dreams (L e., its abstractions) as something genuine, and is puffed up about the “ought” that it likes to prescribe, especially in the political field-as if the world had had to wait for it, in order to learn how it ought to be, but is not. If the world were the way it ought to be, what then would become of the pedantic wisdom of the understanding’s “ought to be”?

This does not mean that we should not engage in wishing for what ought to be, but that what ought to be should be grounded in what is the case. What is the nature of the Canadian Labour Congress (CLC)? Is it realistic to believe that the CLC would ‘support and coordinate’ such initiatives? See my criticism of the position of the president of the CLC, Hassan Yussuff, in The Canadian Labour Congress’s Idealization of the Collective-Bargaining Process.  Would it not be better to engage in criticism of the CLC–what it is, how it operates and so forth?

There are other problems with this last section. Reference to “democratic planning” clashes with the call for the government (a capitalist government) to operate as employer. How is there democratic planning when the government is the employer? This is to idealize the government and the public sector. This idealization also is expressed in the following:

As for the public sector, the growing acceptance that environmental limits translate into limiting individual consumption in the developed countries leads to a greater emphasis on collective consumption. We are on the cusp of having to urgently redefine what we mean by ‘abundance’ and to place greater value on retrieving our time, leisure, social services (health, education), collective goods (public transit, libraries), and public spaces (sports, music, arts, parks) – a reorientation, that is, to the expansion of the public sector and public sector jobs.

This uncritical reference to the “public sector”–as if working for the government were somehow not subject to exploitation and oppression–is typical of social democrats. So too is Mr. Gindin’s one-sided reference to challenging “corporate property rights” without challenging the power of the state as a capitalist state, on the one hand, and as an employer, on the other. Again, see the money circuit of capital link above for a critique of this view.

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

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

Collective bargaining is good for everyone

December 23, 2019

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Collective bargaining is functioning exactly as intended.

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

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

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