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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SOLIDARITY RALLY HIGHLIGHTS NEED FOR WORKING CLASS UNITY

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

On page 43, we read:

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

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

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

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

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

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

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

 

The Poverty of Academic Leftism, Part Five: Middle-Class Delusions

This is a continuation of a critique of an academic leftist (aka academic historical materialist), the philosopher Jeff Noonan.


As noted in a previous post, Professor Noonan makes the following statement in relation to employees at a university (from Thinkings 4Collected Interventions, Readings, Evocations, 2014-2015, page 13):

Instead, all members of the institution– faculty, librarians, learning specialists, lab technicians, students, support workers, and administration have the same goal—the advance of human knowledge and creativity in the widest and most comprehensive sense. If that claim is true

Professor Noonan may respond that he wrote the above in hypothetical form–“if that claim is true”–rather than stating “That claim is true.” By not inquiring into whether the claim is in fact true, though, and proceeding on the basis as if it were true, he practically makes the claim that it is true.

Professor Noonan fails to consider the hierarchy at work as illegitimate; democracy for him, it seems, maintains a hierarchical division of labour; the difference is one where (page 13):

all the groups who together make up the university ought to cooperate (not without respectful disagreement) in the determination of the budgets, policies, rules, and goals that guide the institution’s mission. The best ideas emerge through deliberative and democratic argument—no one group knows best just because of the position they occupy in the hierarchy.

Given the employer-employee relation, Professor Noonan’s position is contradictory. If there is an unelected hierarchy, then how is their democratic argument? Does not an unelected hierarchy necessarily prevent democratic argument since democratic argument requires relative equality of power? In other words, Professor Noonan assumes a socialist organization in the first place, but in the context of an unelected hierarchy, which involves unequal power relations. Or does Professor Noonan consider that an unelected hierarchy does not involve unequal power relations?

Furthermore, given the unelected hierarchy, who will be at an advantage in “the determination of budgets, policies, rules, and goals that guide the institution’s mission?” Of course, academics and the upper echelons of administration. This situation is hardly democratic (although it is certainly to the advantage of tenured academics and the upper echelons of administration).

What is more, Professor Noonan’s implicit acceptance of the current structure of the division of labour hardly reflects a just society. as James Furner has argued, in order for there to be a free society, it is necessary to abolish occupational confinement and occupational identity (see https://www.academia.edu/24290808/Marxs_Sketch_of_Communist_Society_in_The_German_Ideology_and_the_Problems_of_Occupational_Confinement_and_Occupational_Identity ).

In addition, to claim that all workers at a university should have the same goal, where the economic relation of employer-employee is dominant, is to perceive the world from the upper echelons. Why should all workers at a university have the same goal when they are treated as things by the unelected hierarchy? Or are they not treated as things? How is it possible to not be treated as a thing when there exists an employer-employee relation? Perhaps Professor Noonan can explain how this is possible.

Finally, Professor Noonan advocates class collaboration, implicitly if not explicitly. His use of the verb “cooperate” indicates that he believes that all the diverse kinds of employees working at a university should get along in a collegial fashion in order to pursue the same goal. A Marxist, by contrast, would see that although workers have a certain interest in maintaining the university as an institution in the short-run because they need money in order to live, they are used as means for the benefit of the upper echelons’ purposes and are excluded in fact from doing so (see https://theabolitionary.ca/the-money-circuit-of-capital/). Calls for cooperation in such a context work against their own long-term interest of abolishing such a situation. Rather, calls for the intensification of conflict would be more appropriate since there is already an antagonistic relation between workers as employees and management at universities.

Professor Noonan’s position, is, therefore half-hearted. Rather than seeking the elimination of the power of employers as a class, he opts for the illusion of democracy in the public sector–as if that were possible given the dominance of the power of employers as a class in both the public and private sectors.

Such is the poverty of academic leftists, social democracy and reformist leftism these days.

Do Collective Agreements Convert Working for an Employer into Decent Work?

Tracy McMaster is a union steward for Local 561 of the Ontario Public Service Employees Union (OPSEU); she was also vice-president of the local union at one point. However, she prides herself most on her activity of organizing part-time college workers (she works at a college as a library technician). . On March 25, 2019, in a short video (Stewards Assembly 2019), she refers to the need to organize part-time college workers (where she works). She also refers to “a full-time decent unionized job.” This implies that as long as it is full-time and unionized, the job is decent.

Of course, organizing part-time workers so that they obtain increased wages or salary and better benefits (or receive benefits in the first place since many part-time workers do not receive benefits at all) is something to be praised. However, the standard of evaluation for what constitutes a decent job is whether there is a collective agreement that protects a certain level of wages and working conditions.

Such a standard is never questioned. Ms. McMaster never questions that standard throughout the video. Indeed, right after the quoted reference “full-time decent unionized jobs,” she ends with the rhetorical question: Right? Exactly. She believes that a full-time, unionized jobs are by definition decent. To question such a view does not form part of her union activity.

She argues that part-time workers were working under “unjust, awful condition…takes away the dignity of everybody’s job.” Since employers (presumably, or perhaps also students and others–she leaves it unspecified what she means by “people treating others with disrespect”) treat part-time workers with little respect, then full-time unionized workers find that others do not treat them with respect.

She points out that she received solidarity from both the local union presidents in 24 different colleges as well as various labour councils throughout Ontario and especially the labour council in Toronto.

She then claims that it was “an amazing, amazing accomplishment” that the part-time workers “just last week have their first collective agreement.” She is “so proud” that she “was involved in this project.”

Of course, she should feel that she, along with others, has accomplished something. The question is: Is it enough? She herself claims that the job of the labour movement is to find workers who need a union and to organize them. The standard or definition of what constitutes decent work is, then: organized workers who belong to a union.

When I questioned this definition when Ms. McMaster called for solidarity for striking brewery workers here in Toronto because all the striking workers wanted were “decent jobs” and “fair wages,” , the “labour movement” reacted to my questioning with hostility (For example, Wayne Dealy, executive director for Local 3902 of the Canadian Union of Public Employees (CUPE), called me a “condescending prick.”)

Let us take a look at the collective agreement–“an amazing, amazing accomplishment” according to Tracy McMaster.

The memorandum of agreement contains typical clauses in a collective agreement: union representation, rights of union representatives, within limits, to take time off for union business (with compensation in some cases); work hours and scheduling, wages, rate of increase of wages and when that will take affect, period of paying the wages, shift premium, reimbursement of tuition and maintenance of salary if time off is required for courses approved by the employer, kilometrage allowance, developmental leave for furthering academic or technical skills that will enhance their work for the College, holidays, vacations, personal leave without pay, bereavement leave, jury/witness duty, citizenship leave, pregnancy leave, parental leave, health and safety (provision of clothing, work stations, safety devices, environmental conditions, seniority and its loss, layoff and recall, waiver of rights/severance, job postings/promotions, excluded positions, complaints/grievances, duration (until January 31, 2021).

This set of clauses is certainly likely better than wages and working conditions for part-time workers in many industries. As a consequence, as I have indicated in various posts, unions are much more preferable than non-unionized settings for many workers (although wages and working conditions for other industries should also be compared to gain a more accurate picture of workers’ situations in various non-unionized and unionized settings. Fear of unionization by some employers may motivate them to enhance wages and working conditions in non-unionized industries.)

Granted that, should we still not ask whether such jobs are decent?

How does the above change the general power of employers to treat workers as things that do not participate in the formulation of the goals of the organization to which they belong? Thus, the management rights clause states, in “Memorandum of Settlement:
The College Employer Council for the College of Applied Arts and Technology and Ontario Public Service Employees Union on behalf of the College Support Staff Part-Time”:

5 MANAGEMENT FUNCTIONS

Union Acknowledgements

The Union acknowledges that it is the exclusive function of the Colleges to:
•maintain order, discipline and efficiency;
•hire, discharge, transfer, classify, assign, appoint, promote, demote, lay off, recall and suspend or otherwise discipline employees subject to the right to lodge a grievance as provided for in this Agreement;
•generally to manage the College and without restricting the generality of the foregoing, the right to plan, direct and control operations, facilities, programs, courses, systems and procedures, direct its personnel, determine complement, organization, methods and the number, location and positions required from time to time, the number and location of campuses and facilities, services to be performed, the scheduling of assignments and work, the extension, limitation, curtailment or cessation of operations and all other rights and responsibilities not specifically modified elsewhere in this Agreement.

The Colleges agree that these functions will be exercised in a manner consistent with the provisions of this Agreement.

Ms. McMaster does not even bother to explore whether her characterization of inclusion of such part-time workers under the rule of managerial power–despite the existence of a collective agreement–actually expresses something decent. She ignores completely the management-rights clause and idealizes the collective agreement. This is typical of the social-democratic, reformist left.

Despite Ms. McMaster’s rhetoric to the contrary, the collective agreement cannot be characterized as amazing–unless you have a low standard of what amazing means. Part-time workers now have some protection from arbitrary treatment by employers (subject to a grievance process) and some control over their working lives. However, the collective agreement only limits management rights–like all collective agreements. It does not prevent workers at the various colleges from being used, day after day, for purposes over which they have no control (see The Money Circuit of Capital). To call this “dignity” is rhetoric. It is undignified and humiliating. All workers deserve to control their lives collectively–and that does not mean by limiting such control via management rights.

There is, of course, little point in trying to convince Ms. McMaster and other trade unionists of their lack of critical distance from collective agreements and collective bargaining. They wholeheartedly identify with the process and consider any questioning of such a process and its results to be tantamount to insanity.

It is better to practice the politics of exposure–showing the limitations of their own point of view and the limitations of what their own standards of evaluation for justice and fairness (in the video, Ms. McMaster wears a t-shirt with the inscription “We Stand For Fairness!”). Behind her, there is a poster with what appears to be the inscription “The Future Needs Good Jobs.”

The future certainly does not good jobs–but jobs controlled by workers and their community–without employers.

The future of good jobs for the social-democratic left, however, is just more of the same–collective agreements and the daily grind of working under the dictatorship of employers, limiting their power but not struggling to abolish it.

What if a worker works in a unionized setting but does not find that the work reflects being a decent job? For unionists, the worker should try to change working conditions through the next round of bargaining. However, if the worker finds working for any employer to be objectionable, unionists having nothing to say–except “Suck it up.” Or, alternatively, they will express the rhetoric of “decent work” and so forth and ignore the reality of managerial power and how degrading it is for a majority of workers to be dictated by a minority of representatives of employers.

Ms. McMaster, like her social-democratic colleagues, have a lot to answer for when they idealize collective agreements. They ultimately justify the dictatorship of employers over workers despite their rhetoric to the contrary.

It is, of course, ultimately up to workers themselves whether they wish to organize for purposes of remaining within the limits of the power of the class of employers or whether they wish to organize for going beyond that power. The attempt to go beyond that power is both much more difficult and much more risky. On the other hand, given the emergence of right-wing movements and political parties, it is also risky organizing only to limit the power of employers.

To sum up: Evidently, it it has been argued that the answer to the question whether collective agreements convert working for employers into decent work depends on the level of your standard for deciding what decent work is. The level of many unionists is the collective agreement itself. I have argued, in this and other posts, that level is wholly inadequate. Workers deserve a much higher standard, but to achieve such a standard requires going beyond limitations to employer power and to the power of their representatives via management; it requires questioning any agreement between employers and workers as embodying decent work.

We deserve much better than just collective agreements. We deserve to control our own lives collectively.

The Poverty of Academic Leftism, Part Three: Collective Bargaining and the Interests of the Working Class

This is a continuation of a critique of an academic leftist (aka academic historical materialist), the philosopher Jeff Noonan.

Another example of the limitations of Professor Noonan’s analysis is the following
(from Thinkings 4Collected Interventions, Readings, Evocations, 2014-2015,page 10):

And sometimes it is necessary to struggle to protect or extend our rights as workers to help determine our conditions of work.

The context for the statement is Professor Noonan’s defense of workers’ right to strike. The problem with this argument is located in his use of the word “sometimes.” Since order-in-council 1003, enacted in 1944 during the Second World War, workers have not had the right to strike during the terms of a collective agreement in Canada. What happens during the terms of a collective agreement? Workers are generally expected to grieve an order, a procedure and so forth by management but continue to work. Is this something with which Professor Noonan agrees? His use of the word “sometimes” seems to imply that as well as his defense of the right to strike–a right that legally arises only after the expiration of a collective agreement.

But what of the need to struggle during the terms of a collective agreement? It may appear that Professor Noonan is sympathetic to the working class and to socialism, and yet his silence concerning, on the one hand, the general legitimacy of collective agreements in the context of the power of a class of employers and, on the other, his silence concerning the need to engage in struggle during the terms of a collective agreement demonstrate the limitations of his approach.Indeed, the International Workers of the World (IWW) have recognized the need to engage in struggle in various forms, with escalating consequences rather than just the strike; the strike, rather, is a high-end pressure tactic and not generally the first form of tactic to engage in in order to achieve workers’ own ends.

This does not mean that workers will engage in struggle continuously; workers of course need to pick and choose their struggles. However, the defense of the right to strike without any mention of the need to struggle against employers during the term of a collective agreement (and not just in the form of grievances) is a very limited defense of the interests of the working class.

It may seem that Professor Noonan recognizes the limitations of collective bargaining. He says the following (page 11):

Collective bargaining is a difficult process. At its best, it is a rare opportunity for workers to participate in the determination of their conditions of work, rather than simply accept whatever conditions are offered. Collective bargaining allows workers to deliberate together as a democratic body about how they think their work should be organized and compensated and to make their case to the employer. Despite what employers publicly maintain, there is no equality of power. Since employers retain ultimate legal control over the workplace, since they continue to draw full salary during any work stoppage, and since the legislative deck is stacked in their favour, without solidarity, both between members of the bargaining unity and between the bargaining unit and the wider community of labour and concerned citizens, the employer is typically in an advantaged position.

How does “solidarity, both between members of the bargaining unity [unit?] and between the bargaining unit and the wider community of labour and concerned citizens” overcome the power of employers as a class? A particular employer may have to concede relative defeat due to certain favourable conditions of a particular section of the working class, but the fact that workers still have to work for an employer involves “an advantaged position” of employers as a class–including the relatively “disadvantaged” employer.

Further evidence of the inadequacy of Professor Noonan’s position can be seen from the following (page 11):

We have only taken strike votes in the face of protracted impasses at the bargaining table over issues of fundamental importance to the membership.

Professor Noonan is trying to present the Windsor University Faculty Association as being reasonable; it does not engage in needless strike votes but only “over issues of fundamental importance of the membership.” This seems eminently reasonable–except it neglects the management rights clause, implicit or explicit, in collective agreements. What if an issue arises “of fundamental importance” to “the membership” during the term of a collective agreement that is not grievable?

Professor Noonan, further, argues the following (page 12):

Why, then, has bargaining often stretched into the fall? The answer is that both sides have too often brought so many items to the table that it took that long to work through them all in a responsible manner.

Perhaps university professors, who have greater control over what they do, how they do their work, and when they do their work than most other employees, need not bring “so many items to the table,” but the implicit or explicit management rights clause for most employees involves the general power of employers and their representatives, managers, to determine what to do, how to do it and when to do it. It is quite understandable why there are many items on the negotiating table from employees’ point of view–the collective agreement is a limiting document, restricting the power of management to exercise its right as management.

In fact, when I was a member of a negotiating team for Operating Engineers Local 858, Prince George, British Columbia, Canada, I consciously tried to show the workers how many items on the table we had to remove in order to obtain what we obtained by presenting all items desired on the left-hand side of the bargaining bulletin and either an x or check mark on the right-hand side. The union business manager had to present this format to a ratification meeting for those in Prince George (because she had asked me to draft it), but since the bargaining unit extended beyond Prince George, ratification also assumed the form of mail-in ballots. The union business manager changed the format to show only what we won before sending out an information bulletin.

Professor Noonan says, further (page 12):

Nevertheless, despite the nightmares of right-wing pundits, university faculties are not full of rabid leftists chomping at the bit to prosecute the class struggle (there are a few of us still left, but I can assure everyone we are in a small minority). Most faculty members care most about their research and their teaching, they do not want either interrupted by either lockouts or strikes, and most are loath to engage in struggles that might harm the reputation of the institutions in which their own reputations as academics are forged. You really have to push academics hard to anger them enough as a collective to make them want to strike (or a strongly resist an imposed lockout).

Although some or even many or even most university professors may find doing research and teaching meaningful in itself, as you go down the line of jobs, with less and less control and more precarious work, the extent of a job being meaningful probably decreases correspondingly. Even jobs in schools, with some control over pedagogy can be less important than other aspects of the job (such as pay and vacation). Although workers try to find meaning in their work in various ways (in the brewery, for example, some workers would play “ball” with beer bottles when the foremen were not looking), many workers have families and find the work more a means to an end rather than an end in itself. (This is the “decent work” that social democrats and reformers persistently talk about–without discussion–such clichés).

In the context in which Professor Noonan is speaking–a union of university professors–it may make sense to speak of striking as a last ditch effort by them to avoid a strike if at all possible–it makes less sense as the work becomes less and less meaningful. Workers in various sectors (whether public or private) may not like to strike–it interrupts their own lives and makes life difficult in various ways–but even when a collective agreement is signed, they are more prone to strike and engage in covert (and, if necessary, overt) actions that express their treatment as things to be used by employers.

Professor Noonan’s neglect of the relatively privileged status of university professors in relation to other workers leads him to assert the following:

Whether or not it was ever practiced in reality, the principle of collegial self-governance is the goal to which universities should aspire. Unlike for profit businesses, universities do not have owners whose goal is to maximise profits. Instead, all members of the institution– faculty, librarians, learning specialists, lab technicians, students, support workers, and administration have the same goal—the advance of human knowledge and creativity in the widest and most comprehensive sense. If that claim is true, then it should follow that all the groups who together make up the university ought to cooperate (not without respectful disagreement) in the determination of the budgets, policies, rules, and goals that guide the institution’s mission. The best ideas emerge through deliberative and democratic argument—no one group knows best just because of the position they occupy in the hierarchy.

This view is ideology in the worst sense of the term. In a society dominated by employers–including public-sector employers like universities, it is highly unlikely that such workers as “lab technicians, students and support workers” have the same goal–“the advance of human knowledge and creativity in the widest and most comprehensive sense.” Such a view may apply in a socialist organization, but to assume such a situation in universities, which function in a capitalist context, is bound to lead to inadequate policies and theories.

Consider support workers. I worked twice at a university library, once doing my practicum to obtain a library and information technology diploma from the Southern Alberta Institute of Technology (SAIT) at the University of Calgary main library, in the cataloguing department. At the University of Calgary, I noted that the work situation was characterized by a very hierarchical, top-down power structure. One worker commented that she would prefer a benevolent dictator to a mean one; of course, but why have a dictator at all? At least this worker recognized that there was a dictator–unlike Professor Noonan.

At the University of Manitoba Dafoe Library, the same hierarchy existed, but there was even more repression (including racist oppression). Was “the left” at the University even aware of this? Not that I could see. Has Professor Noonan even inquired about the working conditions of subordinates at the University of Windsor? Has he tried to criticize trade unionists who adopt an ideology of “decent work?”

It is much easier to criticize from afar than near at hand–much less dangerous. Talk of “democracy” that does not threaten one’s own work position is pure rhetoric.

As I wrote in my previous post:

Furthermore, 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. 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.

Management Rights, Part Seven: Public Sector Collective Agreement, Quebec

It is fascinating how the social-democratic or reformist left, with their talk of “good contracts,” “decent work,” a “fair deal,” and “economic justice” and so forth do not feel that they have the need to justify themselves. They assume what they must prove to workers–that a collective agreement expresses “good contracts,” and so forth.

Do you think that collective agreements as a whole, which concentrates decision-making power in a minority called management, express good contracts? Fairness? Decent work? A fair deal? Economic justice?

What do you think of the following?

From

Agreement concluded
between
the Management Negotiating Committee for English-language School Boards (CPNCA)
and
the Centrale des syndicats du Québec on behalf of the professionals’ unions represented by its bargaining agent, the Fédération des professionnelles et professionnels de l’éducation du Québec (CSQ)
2015-2020,

page 12:

ARTICLE 2-2.00 RECOGNITION
2-2.01
The union recognizes the board’s right to direct, administer and manage, subject to the provisions of this agreement.

Of course, it may be the best contract under the power relations that currently exist–but that is not the same thing as claiming that it is a “good contract.” Ideologues for unions may counter that it is implied that the power relations are unfair. But if so, why is it that the union bureaucracy does not bring it out explicitly? Are they afraid that some workers might start organizing to overthrow (abolish) those conditions?

Where and where is there discussion and debate over such issues? Certainly not in Toronto, Ontario, Canada. Trying to bring such issues out into the open results in insults (I was called a condescending prick by one union representative; a Facebook friend called me “delusional” when I tried to link the issue of the power of employers to the issue of the state of Ohio prohibiting girls who were raped from having abortions).

Should we not be discussing the issue of why management rights exist? Should we not be discussing what the implications of such rights have on our working and daily lives? Should we not be discussing what we should be do about the problem of a minority dictating to a majority?

The Poverty of Academic Leftism, Part Two: Collective Bargaining and the Interests of the Working Class

Professor Jeff Noonan, as contained in a reference to his work in a previous post( The Poverty of Academic Marxism, Part One), claimed that historical materialism must evolve. This seems to imply that his form of historical materialism, under present conditions, is superior to the historical materialism proposed by Marx.

Professor Noonan claims the following (from Thinkings 4Collected Interventions, Readings, Evocations, 2014-2015, page 8:

A glaring example of the dangers of striking occurred in February of 2012, when workers in London, Ontario were taught a brutal object lesson in the reality of global capitalism. Then Canadian Auto Workers on strike against the locomotive maker Electro-motive were given an impossible choice. The company (a subsidiary of Caterpillar) demanded that the union agree to cut their existing wages in half, or face the closure of the plant. Seeing that what was at stake was not just their plant, but the future of the union movement in the Ontario manufacturing sector, these workers heroically sacrificed themselves, went on strike, and watched their livelihood move to Muncie, Indiana. Had they not stood up to the brutish tactics of Electro-motive, every manufacturer in the country would have been encouraged to make the same demands. What boss wouldn’t want to cut her or his workers’ wages in half? While the jobs were lost, the massive public outcry against legalized extortion preserved the possibility of meaningful collective bargaining in other plants, at least for the time being.

What does “meaningful collective bargaining” mean for Professor Noonan? It is difficult to know since he does not explicitly provide an answer, but the following may what he means (page 12):

v) The University will cease collecting union dues from members and forwarding those dues to WUFA (Article 4:01 and 4:02).”

Now, on one level, these changes are not alarming, for they are changes that would occur in the case of a lockout. What is most disconcerting is that they were unexpectedly thrown into the room when it appeared that both sides were making progress by negotiating and not threatening. Both teams bargained past the lockout deadline and had scheduled meetings for the next day. The assumption amongst members– naïve, as it turned out– was that both sides had found common ground and were splitting the differences that get split for the sake of reaching an agreement with which everyone can live.

Meaningful bargaining is where the parties engage in negotiations in order to achieve a common ground “for the sake of reaching an agreement with which everyone can live.”

Now, in typical collective bargaining, any member of a negotiating team knows that all items on the table will not be achieved. There will be items that are considered more important. The relative strength of the parties to the negotiations in the particular conditions will affect what can be realistically be achieved in the short term (and this includes the possible resources used in lockouts and strikes).

But why refer to the idea of an “agreement with which everyone can live?” Does Mr. Noonan mean by that an attitude by workers that, given the balance of class forces, this is the best that can be achieved, but otherwise it is not something that “everyone can live with”–but have to do so for the time being? That is to say, that the collective agreement is something that does not express fairness but rather expresses the weakness of workers collectively until such time as they no longer need to negotiate agreements that entail their subordination to the power of employers (and managers as their representatives)? Do the various management rights clauses that have so far been posted on this blog express “an agreement with which everyone can live?” Or do they express the asymmetrical power relations between unionized workers and the class power of employers?

What would Professor Noonan say to a worker who works under the collective agreement at the university where he works (see Management Rights, Part Five: Public Sector Collective Agreement, Ontario) if that worker did not find not only the particular collective agreement unfair but all collective agreements unfair since they presuppose the subordination of the will of workers to the power of an employer (and his or her representatives)?

There is a world of difference between understanding that a collective agreement may be the best that can be hoped for under existing conditions of class power and the view that a collective agreement is something that people can live with. In the first case, there is a smoldering presence of a feeling of unfairness, which can surface when conditions change. In the second case, there is a feeling of fairness, and workers who breach a collective agreement can legitimately be reprimanded. Professor Noonan’s failure to specify any difference between the two probably expresses his own working conditions, which are undoubtedly superior to most workers who are employees.

Imagine a situation where a group of thugs decide to set up a process of collective bargaining between themselves and people whom they have sexually abused. Representatives of the sexually abused engage in negotiations with representatives of the thugs. Under given circumstances, the thugs have much more power than those who are sexually abused. If they come to an agreement over the extent of sexual abuse (with both parties bargaining in good faith), would professor Noonan call the resulting agreement an agreement “with which everyone can agree with?”

Yes, workers are not sexually abused, but as employees they are used as things for purposes over which they lack control (see The Money Circuit of Capital). Why should anyone who is an employee feel that they can live with such an agreement except for the recognition that they have to do so, given the necessarily unequal power relations between them and the class of employers?

Despite Professor Noonan’s radical rhetoric, his hidden assumption is that working for an employer is not really all that bad. How else could he refer to an agreement “with which everyone can agree with?”

In the movie Enter the Dragon, Bruce Lee is fighting against several people, and he runs into a chamber where the walls suddenly close on all sides. He cannot escape, realistically. He sits down and accepts the situation–not because it is fair but, presumably, because he lacks the power to oppose the situation. This is what the collective-bargaining process should express and not such social-reformist rhetoric as accepting a contract “with which everyone can agree.”

Professor Noonan reminds seems to forget–or perhaps he never learned–the lesson of Bob Dylan’s song, Like a Rolling Stone. In that song, Dylan sings the following:

You never turned around to see the frowns
on the jugglers and the clowns
when they all did tricks for you.

Although I can never be sure, the hidden resentment that people feel in the face of those in power is probably well expressed in the expression of a Guatemalan (perhaps a peasant) sitting on a roadside when the military was there. (See at around 2:30, Guatemala–Pete Sears) Guatemalan peasants had to live with the extreme oppression characteristic of Guatemala in the later 1970s and especially in the early 1980s, but they need not “learn to live with it.”

Professor Noonan may argue that he merely needed to qualify his reference to collective agreements “with which everyone can agree,” as I have done above, but since he failed to qualify such an assertion, it can be inferred that Professor Noonan does not really come to grips with the daily oppression and the daily grind that most workers face at his own workplace, let alone in the wider city of Windsor and, indeed, in the province of Ontario, in Canada and in the world.