Reform or Abolition of the Police, Part One

In at least two posts, I will explore the issue of reforming the police versus its abolition. Conveniently, there are a couple of articles that address the issue.

Mr. Rosenfeld, a self-declared radical and Marxist living in Toronto, Ontario, Canada, in an article published in the social-democratic magazine Canadian Dimension on April 20, 2020, Reform and Transform: Police Abolitionism and Sloppy Thinking), responded to another article published on April 12 in the same magazine, written by James Wilt,  Abolishing the police is the only reasonable response to Winnipeg Police killings. Wilt argues that the police cannot be reformed but must be abolished since their function is essentially repressive, and that essential function is sufficient for demanding its abolition:

Unlike what many liberals claim, police cannot be reformed with better training, oversight, or diversity. Nor can police violence be eliminated by following the victim-blaming advice from (mostly) white social media users like “improved parenting” or “better decision-making.” Both of these supposed solutions reflect deeply naive and ahistorical understandings of what it is that police do—and how police actively harm communities, especially those of Indigenous peoples and racialized minorities.

The left’s response to the police killings of Eishia Hudson and Jason Collins must be to recommit to the only just solution: abolishing the police and reallocating the massive resources currently committed to policing to measures that actually keep our communities safe, like housing, harm reduction, strong public services, non-carceral crisis response, food security, income supports, returning land to Indigenous peoples by acknowledging existing sovereignty, and a whole lot more. At the root of this demand is resistance to the call for a “better balance” of policing and social services. On the contrary, policing must be dispensed with entirely.

Mr. Rosenfeld argues against abolition. Mr. Rosenfeld, however, not only argues against abolition; he finds the idea of the abolition of the police absurd–as his subtitle says. Indeed, Mr. Rosenfeld’s subtitle: “Police Abolitionism and Sloppy Thinking,” reflects the hostility that I faced here in Toronto, Ontario, Canada, when I questioned the ideology of “fair contracts,” “fair wages,” and “decent work” expressed by some trade unionists and social democrats.

I will try to show, in at least two posts if not more, that Mr. Rosenfeld’s view that the proposal of the abolition of the police is not absurd and that the proposal of the reform of the police as the rational solution–is absurd.

But let us first listen to Mr. Rosenfeld:

Having heard some of the younger activists with whom I work in the free transit movement muse about getting rid of the police force, I often found that most were not really serious about it as an immediate demand but were expressing their vision of how we might do things differently in an imagined future [my emphasis]. There are other activists, many of whom are passionate defenders of the rights of the homeless, the poorest and those most targeted by the system and its repressive apparatus, who argue that police budgets need to be radically trimmed in order to pay for the kinds of social programs and services that could contribute to addressing some of the most glaring forms of inequality and injustice. Few of them seriously demand the complete elimination of policing, but some do.

The issue of the reform of the police versus its abolition has become a focal point of controversy  since the murder of George Floyd has now come to light. Mr. Rosenfeld’s social-democratic casual dismissal of the abolition of police has been challenged practically as millions protested against the police throughout the world. Mr. Rosenfeld’s claim that the proposal that the abolition of the police involves sloppy thinking has been practically refuted as some who protested did propose abolishing the police.

Indeed, even before the mass protests against the murder of George Floyd, there have arisen movements for the abolition of the police in the light of systemic racism among the police. Why does Mr. Rosenfeld not refer to such movements?

For example, Meghan McDowell and Luis Fernandez published an article in 2018 about the movement for police abolition, titled “Disband, Disempower, and Disarm’: Amplifying the Theory and Practice of Police Abolition,” in the journal Criminal Criminology: 

In July of 2016, the popular Fox News program “Kelly File,” hosted by conservative T.V. personality Megan Kelly, held a town hall style forum to discuss race and law enforcement. The forum brought together what Fox News considers a diverse cross-section of the U.S. public: former FBI agents, retired NYPD officers, conservative Black pastors, community organizers, and “regular” Americans whose views spanned the ideological spectrum. The recent deaths of Alton Sterling and Philando Castile at the hands of law enforcement, uprisings in Ferguson, Baltimore, Milwaukee, and Charlotte in the past year, and Micah Johnson’s targeted assassination of five Dallas police officers earlier in July, not only formed the backdrop for the conversation, but also set the conditions of possibility for such
a conversation to air on a mainstream media outlet in the first place.

At one point the conversation turned toward an indictment of the Black Lives Matter
(BLM) movement. Many forum attendees began to condemn BLM, reiterating racial tropes [a figurative or metaphorical use of a word or expression] about Black-on-Black crime and “personal responsibility.” In a clip that has now gone viral, Jessica Disu, a Chicago-based community organizer and artist, tried to reframe the conversation: “Here’s a solution,” Disu interjected with conviction, “we need to abolish the police.” The Chicago Reader, a weekly alternative newspaper, described the ensuing reactions  to Disu’s comment:

“Abolish the police?” came [host Megan] Kelly’s incredulous response, as a clamor of boos and protests rose from the forum. “Demilitarize the police, disarm the police,” Disu pushed on, undeterred by the yelling. “We need to come up with community solutions for transformative justice. Can we all agree that a loss of a life is tragic?” [Disu] asked the forum, attempting to explain her vision. “Who’s gonna protect the community if we abolish the police?” Kelly asked, a this-must-be-a-joke smile spreading across her face. “The police in this country began as a slave patrol,” Disu managed to squeeze in before being engulfed by the noise.

I suppose Mr. Rosenfeld would also consider Disu’s view of the need  for abolishing the police to be “sloppy thinking” and “absurd.” Mr. Rosenfeld shares the same view–and attitude-towards the abolishing of the police as do those who defend the status quo. Not a very good beginning for a person who considers himself to be “a 70 year-old Marxist and democratic socialist.”

McDoowell and Fernandez continue:

In her call for police abolition, on Fox News no less, Disu challenged the hegemonic idea that the police are an inevitable fixture in society, and moreover, that the police are analogous to community safety. Disu’s presence on a national mainstream talk show illustrates that crises are also opportunities (Gilmore 2007). The uprisings, and corresponding organizing that expanded alongside or formed as a result of the rebellions, enabled Disu, and others, to publicly challenge law enforcement’s right to exist. That is, activist and movement organizers had already been pushing toward police abolition, but the difference is that this time there was an audience more willing to accept the challenge. In this article, we examine abolitionist claims aimed at law enforcement institutions in the aftermath of Ferguson and other subsequent rebellions. [In Ferguson, Missouri, Michael Brown Jr. was murdered by the policeman Darren Wilson on August 9, 2014].

Mr. Rosenfeld’s evidently lacks a  concern with researching the issue in at least a preliminary manner.

McDowell and Fernandez note that the movement towards the abolition of the police gained ground after the Ferguson murder:

Under the headline “the problem”, the anonymous collective For a World Without the Police (2016) argues, “The police force was created to repress the growing numbers of poor people that accompanied the rise of industrial capitalism,
while on plantations and in agricultural colonies, [the police] formed in response
to the threat of slave revolt.” Their analysis outlines the core functions of policing under racial capitalism [my emphasis]: protect the property of the capitalist class; maintain stable conditions for capital accumulation; and defend against any threats to these unequal conditions of rule (For a World Without Police 2016; see also Williams 2015; Whitehouse 2014). [see the website For a World Without Police].

The police undoubtedly has other functions, but its core function is to maintain the power of employers as a class so that they can continue to use human beings as means for obtaining more and more money (see  The Money Circuit of Capital).

The abolitionist movement against the police, as McDowell and Fernandez indicate,  involves the slogan “disband, disempower and disarm the police”:

The call for police abolition gained national traction soon after the 2014 Ferguson rebellion and is encapsulated by the slogan: “disband, disempower, and disarm the police!”8 This is more than a slogan however. The over-arching strategy is to eliminate the institution of policing, while disarmament and disempowerment are two inter-related tactics used to achieve this goal (Vitale 2017).

The recent call for defunding the police, therefore, can express a reformist position or an abolitionist position. The reformist position does not aim to “disband” the police but rather only to decrease funding for the police and, often, increase funding for social programs. The following question posed by Mr. Rosenfeld expresses this reformist view:

Shouldn’t that institution be thoroughly transformed, by political struggle, into a more humane, limited and less autonomous one?

The abolitionist stance, by contrast, sees defunding (disempowering and disarming) as means to the end of abolishing the police institution altogether–along with a society characterized by the dominance of a class of employers. Social reformers like Mr. Rosenfeld, on the other hand, at best see disempowering and disarming as ends in themselves–while preserving the existence of the police as a repressive institution and hence preserving its core function.

Historically, the abolitionist movement has a long history that was not restricted to the abolition of the police. The idea of abolition includes the movement for the abolition of slavery in the United States and elsewhere, the abolition of child labour, the abolition of prisons and the abolition of capitalism.

In relation to capitalism, I first became aware of the idea of proposing the abolition of prisons when I read Thomas Mathiesen’s works The Politics of Abolition and Law, Society and Political action: Towards a Strategy Under Late Capitalism. Mathiesen argues that the capitalist state has become particularly adept at co-opting or neutralizing more radical movements so that it is necessary to emphasis the abolition of structures rather than their reform in order not to contribute to the continuation of repressive structures. From page 73:

In the fourth place, we have seen that legislation which breaks with dominating interests, legislation which in this sense is radical, is easily shaped in such a way during the legislative process that the final legislation does not after all break significantly with dominating interests, as the examples from political practice of trimming, stripping down, the creation of pseudo alternatives, and co-optive co-operation, show.

I have referred, in another post, to the whittling down of the criminalization of employer actions following the murder of the Westray miners in Nova Scotia, Canada, in 1992 (see  Working for an Employer May Be Dangerous to Your Health, Part Three). Co-optation is a real danger for the left–and Mr. Rosenfeld minimizes the power of the capitalist state to co-opt movements through reforms. This minimization of the danger of co-optation can be seen from the following:

In reality, though, bourgeois democratic institutions are not simply a façade for a bloody and murderous dictatorship over the poor and colonized. Yes, there are instances of state acts of murder and even terrorism. The liberal democratic state and institutions facilitate private capital accumulation and are structured in ways which seek to repress, diffuse and co-opt alternative political and social movements, but these are mediated by the necessities of legitimating capitalism [my emphasis] The relative power, political ideology and organization of the working class and colonized Indigenous peoples also affect the character of liberal democracy (and in the subordinate strata, there are forms of class differences and other contradictions that also matter). We don’t live in a fascist dictatorship.”’

I will address in another post Mr. Rosenfeld’s trivialization of the brutality and terrorism of the American government in other countries (“instances” makes it look like American murder and terrorism is an isolated event).

Let us limit ourselves to the question of the relevance of Mr. Rosenfeld’s reference to the need for the capitalist state to legitimate the rule of  employers over the daily working lives at work. He separates the diffusion and co-optation of alternative political and social movements from the need for “legitimating capitalism.” However, one of the major ways of “legitimating capitalism” is through diffusing and co-opting alternative political and social movements.

Mathiesen saw this danger to which Mr. Rosenfeld is blind. He calls the state absorbent when it has a refined capacity for neutralizing radical and revolutionary movements and demands. Mathiesen calls being co-opted “being defined in” and being shuffled to the side as irrelevant extremists “being defined out.” He calls “finished” the impossibility of contributing to the overcoming of the economic, political and social structures that characterize the dominance of the class of employers. Page 252:

The strongly absorbent late capitalist society has in fact managed, by the process of defining in, to absorb large parts of the Left into political work of a structure maintaining kind, while at the same time, through the process of defining out, it has managed to neutralize the remaining part of the Left as so-called extremists. By an interchange of the forces which define in and define out, on the one hand, and internal organizational reactions to these forces on the other, the parties of the Left have to a large degree either become ossified organizations which are defined in, or ossified organizations which are defined out. In any case they are, in our sense, finished.

Mr. Rosenfeld, however, fails to distinguish between reforms that form part of a movement to abolish a social institution and specific social relations and reforms that emerge as co-opted and that do not lead to questioning the oppressive and exploitative social institutions and social relations characteristic of the society in which we live.

Thus, Mr. Rosenfeld accuses Mr. Wilt of advocating immediate revolution–as if that is the only alternative:

Is he saying that reforms do not matter and that short of an immediate social revolution, nothing can change?

Abolitionists will take any reform that improves the lives of working-class communities–but there is a condition attached to such a view. Reforms that limit the capacities of workers and community members to think and act critically to oppressive and exploitative social relations and social institutions, without any positive change, are regressive. But most reforms can be simultaneously defended and criticized if some aspects are positive, while other aspects are regressive., such as the movement for a $15 minimum wage, which in Canada is coupled with the concept of fairness. Let us indeed fight for a minimum wage of $15 an hour (and other reforms associated with the movement, such as paid sick leave), but we should never link such a movement with the idea that there is “fairness: in receiving the minimum wage and other needed reforms. Coupling the fight for a minimum wage of $15 with “fairness” freezes the movement–rather than indicating that the achievement of the $15 minimum wage is a temporary resting place (given the balance of class power) that is inherently unfair since the wage system is itself inherently unfair and needs to be abolished. No “minimum wage” that involves the need for workers to work for employers is fair–and the idea of coupling the fight for the $15 minimum wage with the idea of “fairness” must be criticized constantly if any gained reforms are to go beyond contributing to the maintenance of the power of the class of employers.

Thus, Mr. Rosenfeld did not raise any objection to the pairing of a fight for an increase in the minimum wage to $15 an hour with the term “fairness.” I have raised that issue often enough on this blog, and Mr. Rosenfeld had ample opportunity to criticize my position–but he chose not to do so. Why is that? I certainly support an increase in the minimum wage and other “reforms,” but they should never limit the capacities of workers and community members in their critical questioning of the system characterized by the class of employers.

Mr. Rosenfeld creates a straw person when he asks whether there should be reform or immediate revolution. Calling for abolition does not mean immediate revolution: it means making explicit the need to aim for abolition of an oppressive or exploitative institution from the very beginning. If we do not have the power–for now–to abolish a repressive or exploitative situation, that does not mean that we should not aim to do so  when we have more power. It also does not mean that we should reject all reforms out of hand merely because we cannot, for the moment, abolish the repressive or exploitative institution or social structure.

A further, personal example. I worked as a bilingual library technician at the District Resource Center for School District No. 57 in Prince George, British Columbia, Canada,from 1990-1992 (before I moved to Winnipeg). We had a collective agreement between support staff and the district that was coming up for negotiations. I volunteered to be part of the negotiating team because I wanted to learn about the process first hand (I was also the union steward for the board office). We bargained in the usual way, with a small group of union negotiators engaging in demands in the context of meetings with the negotiating team of the employer.

When our bargaining team was ready to present the results of negotiations to the members, I volunteered to draft the list of demands that we had made in a two-column set of papers, with an x beside the demands that we did not get and a check beside the ones that we did get. The union business manager was obliged to read this out during a public ratification meeting (she, however, noted that my presentation was very negative). When she sent out the ballots for voting to those who were not able to attend (School District No. 57 is a large school district geographically), she only sent out the demands that we obtained. The agreement was ratified.

The point is that I wanted to demonstrate the limitations of collective bargaining (and the corresponding collective agreement) while not rejecting any changes in the collective agreement. Furthermore, the demonstration of the limitation of reforms–or the politics of exposure as Mathiesen calls it–forms an essential element of the politics of abolition. From The Politics of Abolition Revisited, page 143:

Here lies the significance of the exposing or unmasking policy which the
above-mentioned sequence of events illustrates. Let me repeat: By unmasking
the ideology and the myths with which the penal system disguises itself – for
example through political work of the kind described here – a necessary basis
for the abolition of unnecessary and dangerous systems of control is created. The
example illustrates the struggle involved in such a work of exposure. The system
continually tries to adopt new disguises. We must continually try to unveil them.

Given the predominance of social democrats or social reformers–among the left here in Toronto–my prediction is that, unfortunately, the movement for the abolition of the police will be overshadowed by the movement for merely defunding the police. This will, in turn, result in further watering down of such a movement to a form acceptable to economic and political conditions dominated by the class of employers.

However, at least we can expose the limitations of the political position of the social-democratic left or the social-reformist left so that, when further murders by the police arise, we can point out the limitations of their political position and prepare the way for a more adequate politics–a politics of abolition.

I will continue the issue of reform versus abolition of the police in another, later post.

 

 

 

 

 

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,     ). 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 Limitations of Social-Democracy in the Face of the Coronavirus

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

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

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

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

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

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

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

By John Cartwright, President Toronto and York Regional Labour Council

February 25, 2012

COMMUNITY POWER AND POLITICAL BARGAINING

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

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

This view is also expressed in the following:

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

EQUITY BARGAINING IN THE NEW ECONOMY

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

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

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

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

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

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

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

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

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

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

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

Dear Fred,

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

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

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

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

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

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

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

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

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

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

In solidarity,

John
John Cartwright
Chairperson

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

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

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

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

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

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

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

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

 

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.