Once Again on the General Strike that Almost Was in Ontario, Canada, Part Two: Sam Gindin’s Analysis

Introduction

For some of the context of the strike, see a couple of earlier posts (The Case of the Possible General Strike of Ontario Unionized Workers: Critique of Conservative Radicalism or Radical Conservatism and The CUPE Education Workers Strike: A Lesson on the Nature of the Public Sector). 

A few more leftists have made commentary on the initial strike of 55,000 education workers and the possibility of a general strike in Ontario. I looked at the debate between Adam King and Abdul Malik and in the online newsletter Passage  https://readpassage.com/should-cupe-have-kept-education-workers-on-strike/) in my last post.  Then there is Sam Gindin’s analysis on the Socialist Project’s website  https://socialistproject.ca/2022/12/education-workers-lead-but-come-up-short/. I will now look at his article. 

The title of his article–Education Workers Lead But Come Up Short: What Lessons for Labour?–indicates that workers and the left can and should draw lessons from the strike. His article is organized as follows (using his headings as guides): 

Introduction
Threats of Fines and Legislation
Context: When a Strike is More Than a Strike
Organize, Organize, Organize!
General Strike?
Why Didn’t CUPE Stay on Strike?
Did the Education Workers Win or Lose?

Gindin then lists and explains a number of points. In his own words: 

Of the various indicators of whether labour is, at long last, turning the corner, four challenges/tests seem especially pivotal.

1. Organizing
2. Coordination
3. Addressing Class
4. Union Transformation
5. Politics

Introduction

In the introduction, Gindin rightly emphasizes the unique nature of the situation which the education workers faced. Unlike the typical scenario of the government legislating striking workers back to work and union reps grumbling about its anti-democratic nature but complying with the legislation–and the workers also complying with the legislation–Ford passed the legisaltion before the workers even went out on strike: 

The divergence from earlier experiences began with the way the Ford administration tried to end the strike. Rather than wait until the strike was actually on, Ford used his parliamentary majority to pass legislation that criminalized the right of these workers to strike even before they actually went out (in the infamous Bill 28, Keeping Students in Class Act). With inflation running just under 7%, the legislation imposed a collective agreement offering 2.5% for workers earning under $43,000 annually and 1.5% for those earning above that princely sum. (The distinction the government made between low-paid and less low-paid workers was perhaps intended to push 1.5% as the standard for future collective bargaining in the public sector with the additional sum for lower-paid workers an ‘exceptional’ add-on for this sector alone.)

Threats and Fines

In the section on Threats of Fines and Legislation, Gindin points out to the second difference from the typical union scenario–the use of the notwithstanding clause, which reverberated not only within the union movement but beyond it: 

and, in addition, [the Ford government] invoked the notwithstanding clause to prevent a legal challenge to such legilsation.

Gindin then points out that the workers (not the union reps) did not follow the typical script: they refused to comply with the legislation and walked off the job: 

The main break with past collective bargaining came next. Unlike earlier labour responses, the education workers rejected the script. Across the province, school custodians, maintenance workers, education assistants, early childhood educators, lunchroom and safety monitors, librarians, and office staff ignored the legislation and walked out.

The audacity of the education workers galvanized the larger labour movement against Ford’s authoritarian over-reaction. On the ensuing weekend, after the first day of the strike, rumours spread of an imminent escalation of the conflict. A press conference was called for Monday morning (Nov. 6) where unions leaders were to announce a ‘general strike’. What was so recently unthinkable – a province-wide shut-down – seemed to have become an actual possibility.

This led to Ford backtracking and to an improved wage offer at the bargaining table: 

With this, the government’s once definitive ‘final offer’ also became flexible. In response to the union’s demand to ’put more money on the table’ Ford conceded that the government would indeed increase the wage offer if the workers ended the strike and returned to the bargaining table. The union complied and on November 20, the two sides announced a tentative agreement. It included monetary gains, though short of workers’ hopes, but no gains on staffing. More than two weeks later, 76% of members voted on the tentative agreement with 73% voting for ratification (it’s unclear why ratification took more than two weeks).

Context: When a Strike is More Than a Strike

In the section “Context: When a Strike is More Than a Strike,” Gindin outlines why Ford acted as he did and why the wildcat strike likely happened whereas it had not happened earlier for many years among other workers: 

Like other public sector workers, the education workers had suffered under the 1% cap on wages in their last agreement. Over the past decade (2012-2021), their real wages had fallen by some 10% as prices increased by 19% while wage increases were under 9%. Moreover, while all workers have been hard hit over this period, Ontario’s education workers’ wages fell further behind the province’s broader public sector, where average wages had increased by 12.2%. Federally regulated workplaces had seen their wages increase by 18.6%, municipal unions by 19.1%, and private sector workers by 20.3%.

The education workers’ 1% wage cap had expired with the end of their previous collective agreement, ‘freeing’ CUPE to bargain without that cap – the first major agreement to be in that position. This set the stage for the face-off with the government. For the Ford administration the demands of the education workers were not just about one sub-sector but a Trojan Horse for gains across the public sector. They had to be aggressively contained.

He then claims that CUPE OSBCU faced, however, definite obstacles to engaging in a fight with the Ford government; it was only one union that faced the Ford government head on despite the significance for the public sector; he also claims that the significance for privat-sector bargaining was less directly affected: 

This morphed a ‘normal’ conflict with a set of employers (the school boards) into what was essentially a political strike against the government. The dilemma for the union was that in spite of the conflict’s significance for the entire public sector (and less directly, for private sector bargaining), the battle was being led and fought by only a sub-sector of the union movement.

This underestimates union reps’ perceived threat that the use of preemptive legislation and the use of the notwithstanding clause by Ford threatened their own economic, political and ideological interests, as I argued in an earlier post on this topic (see  The Case of the Possible General Strike of Ontario Unionized Workers: Critique of Conservative Radicalism or Radical Conservatism). To quote from that post: 

Union bureaucrats themselves realized the potential threat to their ideology of free collective bargaining so often expressed by them. At the press conference, we hear the following from Mark Hancock: 

National Secretary Treasurer, Candace Renick [of CUPE], Fred Hahn, the Ontario division president, and many CUPE leaders from all across the country. Friends who have joined him from the labour movement today up front. We have leadership from the Canadian Labour Congress, the Ontario Federation of Labour, ATU Canada, the Elementary Teachers Federation of Ontario, the Ontario English Catholic Teachers Association, the Ontario Secondary Schools Teacher Federation, the AEFO, the United Steel Workers, UFCW, Unifor, the Ontario Building Trades, the United Association of Plumbers and Pipefitters, the Sheet Metal Workers, Unite Here, IATSE, the National Union of Public and General Employees, the Public Service Alliance of Canada, the Canadian Union of Postal Workers, the Ontario Public Service Employees Union, the Ontario Nurses Association, SEIU Health Care, the Canadian Office and Professional Employees Union, the Society of United Professionals, the Toronto and York Regional Labour Council. Today we represent millions of private and public sector workers all across the country.

This is an unprecedented gathering of labour leaders because the attack against workers’ rights that we’ve seen from this government—the attack on the rights of all Canadians which has been unprecedented. Bill 28 was a direct threat to workers’ rights and to the Charter rights of all Canadians. It invoked the notwithstanding clause to undermine some of our most fundamental rights. That regressive attack on workers united the labour movement like never before.

Gindin, like his ally Herman Rosenfeld, underestimaes the extent to which Ford’s move threatened the interests of not only public-sector unions but also private-sector unions. This underestimation then permits him to neglect the potentiality of uniting the union movement and workers in unions due to the pecularities of that situation–a peculiarity which Malik rightly emphasizes: 

Continuing to organize is important, but the massive groundswell of support and mobilization is already dwindling. I believe it’s doubtful we’ll see this degree of action again anytime soon, and we’re all worse off for it.

Gindin’s pessimism is reinforced by his view that only sporadic lights of hope have emerged in unions’ fights in recent years: 

Further militating against the aspirations of the education workers was that the prevailing mood of labour as a whole was characterized by a dispiriting passivity. It is true that there were some hints of a reawakening within the labour movement. OPSEU’s (Ontario Public Sector Union) college strike and ATU’s (Amalgamated Transit Union) GO bus strike had generated some optimism. So too did progressive changes in union leadership in OPSEU, Unifor, and the Toronto elementary teachers. But the grumbling across unions over the 1% caps on wages included little or no substantive resistance. Strikes in the public and also private sectors were at an ebb. Tentative agreements were rarely rejected. Wildcats were almost unheard of.

Gindin’s pessimism reminds me of of-quoted remark by Marx. From The Eighteenth Brumaire of Louis Bonaparte, in Marx-Engels Collected Works, Volume 33, page 103: 

Men make their own history, but they do not make it just as they please; they do not make it under circumstances chosen by themselves, but under circumstances directly encountered, given
and transmitted from the past. The tradition of all the dead generations weighs like a nightmare on the brain of the living.

Yes, let us be cautious when the situation warrants it, but the situation which not only the education workers faced but also the entire Canadian working class faced because of Ford’s authoritarian actions hardly warranted a conservative stance. By looking towards the past rather than the potential of the present and thus the future, Gindin, like his fellow conservative radical Rosenfeld, thereby urges the gradual approach of step-by-step organization–without any consideration of possible situations that may potentially accelerate organization and class consciousness. 

In addition, Gindin, like Rosenfeld, underestimates the potential the situation had for unifying the labour movement not only in Ontario but also in Canada since Ford’s use of the withstanding clause had the potential to threaten the collective-bargaining process across Canada if other premiers used it to prevent legal challenges to their own anti-labour legislation. Gindin, like Rosenfeld, positions himself as a radical conservative or a conservative radical by failing to take into account the potentialities of the situation. 

On the other hand, we certainly need to look at the limitations of past leftist actions in contributing to limitations on the potentials of unique situations. Gindin and his ally Rosenfeld, as well as the left here in Toronto in general, have done nothing to undermine the idealization of collective bargaining and collective agreements. Gindin, for example, justified unions’ use of the ideological phrase “decent work” in the context of working for employers because unions were acting defensively–as if unionized settings consitute decent work when workers are still used as means or things for    employers’  own purposes–see The Money Circuit of Capital for the objective situation of workers in both the private and public sectors). Bullshitting the workers with such rhetoric is hardly in the class interests of workers–and yet Gindin justifies such rhetoric. Go figure. 

What is needed when such potentially radical situations are not on the horizon is to undermine union rhetoric by exposing, on the one hand, the actual relations of workers to their employers and, on the other hand, exposing and underming directly the union rhetoric of “decent jobs,” “fair contracts,” and other such euphemisms that hide the reality of class oppression and class exploitation. 

Gindin also refers to parents as players in the scenario.Undoubtedly, parents are a player in determining the level of public support for such a strike: 

Of concern as well to the union was the likely response of parents. Parents had experienced the negative impact of COVID on their kids’ education and with their kids at home, they faced interruptions in their own work. Even though the union had prioritized its concern for kids and their parents in its emphasis on improving badly-needed school services, and there had been very impressive organizing among parents by the Ontario Parents Action Network, Ford would no doubt try to position himself as the defender of in-school learning against its ‘disrupters’.

Gindin probably underesitmates the level of parent support for the striking education workers; at the picket line and the rally that I attended on November 4, there were a number of parents who had signs that supported the workers. The use of the notwithstanding clause probably angered not just unionized workers and represenatives but also parents. 

Organize, Organize, Organize!

In the section “Organize, Organize, Organize!,” Gindin argues that the education workers’ strike was largely successful in beating back Ford’s authoritarian legislation because of the eight-month lead in organizing workers up to the strike, using Jane McAlevey’s model of organizing. Although McAlevey’s organizing model is certainly innovative, focusing on using organic leaders who are the recognized leaders at the workplace (and not necessarily union or political activists) as well as “structured tests” as mini-tests to determine whether there is indeed power to back up demands). 

This emphasis on the need to engage in “deep organizing” is certainly relevant, but as I pointed out in my critiques of McAlevey’s books (see my review “Review: Jane McAlevey’s No shortcuts: Organizing for power in the new gilded age,” in the section “Publications and Writings” on this blog and the posts Review of Jane McAlevey’s “A Collective Bargain: Unions, Organizing, and the Fight for Democracy”: Two Steps Backward and One Step Forward, Part One  and  Review of Jane McAlevey’s “A Collective Bargain: Unions, Organizing, and the Fight for Democracy”: Two Steps Backward and One Step Forward, Part Two), McAlevey’s approach does little to address the larger class problem of the class power of employers–and such power concentrated in the government or state. 

General Strike?

The next section addresses the issue of whether a general strike was a viable option. Unfortunately, Gindin then hands over the ball to his ally, Herman Rosenfeld, by referring to an article written by Rosenfeld, who argues that a general stike was not realistically on the table: 

These are hopeful sentiments. But we need to be sober about the state of the labour movement and what it takes to pull off even a partially successful general strike (see especially the account by Herman Rosenfeld). If we credit the pre-strike organizing by education workers for their illegal walk-out, a corollary is that since labour as a whole generally has done so little of such organizing, it could not have successfully pulled off much of a general strike. The above optimism over what might emerge from a general strike does not tell us how to actually achieve a general strike.

As I have argued against Rosenfeld’s position in another post, I refer the reader to that post (    ). 

Gindin provides further arguments that it would have been unrealistic to call for a general strike under existing circumstances: 

Consider. The teachers, as noted earlier, were not supportive of the education workers’ disruption of classes and this didn’t bode well for other sectors walking out. Would public sector workers who suffered the 1% cap without their own unions putting up much of a fight take the sudden call for a general strike seriously? Ditto private sector workers, whose unions often defended and even sold concessions such as two-tier wages to their members. Moreover, would we expect – or even want – workers to go on a general strike when they haven’t been consulted, the strategy hasn’t been debated, no education has occurred, and no larger plan articulated?

Firstly, were teachers not supportive, or were teachers’ unions not supportive? Gindin assumes there is an identity between the two. Whether there were such an identity would have to be proven, not assumed. Secondly, even if teachers themselves opposed supporting the striking workers, would other “public sector workers who suffered the 1% cap without their own unions putting up much of a fight take the sudden call for a general strike seriously?” That would have remained to have been seen. Given Ford’s authoritarian fist of using the notwithstanding clause, they may or may not have done so; this would have been a test to see who had more power. Even if the other public-sector workers were not organized on the basis of McAlevey’s approach, they could at least have been partially organized in order to support a general strike. We will never know, of course. But there could have been partial mobilization in support of a general strike that could have provided further pressure on the Ford government and not, as Gindin implies, some long-drawn out process that requires the step-by-step gradualism that he and his ally Rosenfeld evidently advocate.

Furthermore, this would have been an appropriate occasion for bringing up explicitly the issue of the adequacy of “free collective bargaining” and what union reps mean by that. Gindin remains silent over this issue. 

Of course, strategy should be debated–but part of what is interesting about the situation is the open-endedness of the situation, as even Mark Hancock, the president of CUPE National stated: 

I think part of it is: Nobody really knew. That was the beauty of what’s happened over the last number of days leading into the legislation being enacted that…this grew a movement of its own in some ways. And you heard very clearly from private-sector unions and public-sector unions that everybody was very serious on that. And what that looked like on Saturday at the rally and on Monday, I think we had a pretty good idea. But beyond that I have no idea. This has got legs of its own.

For Gindin, like Rosenfeld, what is needed is–debate, debate and more debate! and not the translation of even imperfect debates into action (and even then, the debate must occur within limits deemed relevant by Gindin–see below concerning his belief that it is irrelevant to debate whether union rhetoric that unionized work is decent).. Like his fellow ally, Rosenfeld, his approach reminds me of one part in the Monty Python’s The Life of Brian, where a woman indicates that Brian is going to be crucified  (see   https://www.youtube.com/watch?v=55fqjw2J1vI ). Chatter, chatter and more chatter. 

Gindin also opposes the advocacy of a general strike because it was unclear what the term meant: 

Nor was it even clear what the union leaders intended by a ‘general strike’. Did they mean an indefinite strike or – more likely – a one, perhaps two-day strike which, though of consequence would essentially amount to another protest rather than a fundamental challenge to authority (protests had preceded the talk of a general strike; they were spirited and not insignificant, but far from overwhelming).

Note the downplaying of around 10,000 workers and supporters at the picket line/rally on November 4 in the context of the head of a government legislating workers back to work before they even had begun a strike and using the notwithstanding clause to prevent any legal challenge to such legislation. For Gindin, it would seem, only if hundreds of thousands of workers were organized and out on the streets should any realistic talk of a general strike be attempted.  Let us not risk anything; let us be 99 percent certain of victoy before we act. Gindin, apparently idealizes the Days of Action in the 1990s, when about 200,000 people in Toronto alone participated in a city general strike that formed part of a rolling provincial general strike (shifting from one city to another, such as from London or Hamilton–see the interview with Gindin (https://podcasts.apple.com/ca/podcast/so-you-want-to-have-a-general-strike-feat-sam-gindin/id1472061764?i=1000463838625). 

If there were 200,000 Sam Gindin’s in Toronto participating in a strike, I doubt that the Ford government would have to worry; even if organized, they would seek a very slow, very cautious path that would not upset the status quo–except perhaps in 200,000 years. 

Gindin’s cautious attitude also reminds me of a parliamentary attitude towards mass actions–despite Gindin’s own undoubtedly sincere acknowledgement of the importance of mass action. From Johannes Agnoli, Collected Works, Volume 2, page 70 (my loose translation): 

… exactly herein lies the point of divergence between attempted communism and  conformist social democracy. There will surely be many comrades at the base and in the top committees, who (without knowing that they are therewith repeating the watchword of narrow-minded German conservatism) will say: We will make no experiments, we will not stake our organization and our methods of struggle,  which are well tried and function well, in favour of a new path whose outcome  we do not know. The German social democrats had already proclaimed, when faced with the rise of Nazism: “Let’s not risk too much in order not to lose everything.” Yet one day comrades will in fact begin to think about a somewhat currious phenomenon, that the organizations and methods tried and tested by history in the western capitalist countries have not only never led in any particular case to revolution but also have not not even been good enough to stop the counter-revolution. [Werner Bonfeld, in “Constitutional Norm versus Constitutional Reality in Germany:  A Review Article on Johannes Agnoli’s Die Transformation der Demokratie und andere Schriften zur Kritik der Politik
(The Transformation of Democracy and other writings on the Critique of Politics),” in pages 65-88, Capital & Class, Volume 16, Issue No. 1, page 66). By “counter-revolution” Agnoli means, as Werner Bonefeld explains, “Agnoli understands the political integration, and thus reformulation, of social struggles for social emancipation as being bound up with a merely political emancipation which characterises the constitution of power in bourgeois societies.”

Gindin fails to take into account the effective nature of the capitalist state in co-opting or integrating  social movements in general and union movements in particular into the capitalist system (backed up, when necessary, by the iron fist of the police and, at times, the military). 

Thomas Mathiesen saw this danger to which Gindin is blind. Mathiesen 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. From Mathiesen (1980), Law, Society and Political action: Towards a Strategy Under Late Capitalism ,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.

On the other hand, Gindin does accurately assess the union reps’ likely response to Ford’s backing down over Bill 28: 

In any case, the proposed general strike wasn’t actually over the workers’ demands, but the Premier’s especially authoritarian legislation. Once that law was repealed, so too was talk of a general strike. And based on what we saw in the media and heard from other channels, while the labour leadership was rightly proud of getting Ford to step back, it seemed quite universally relieved that their threat of a total provincial walk-out would not be tested.

Yes, the union leadership was probably relieved. However, that does not mean that the rank-and-file necessarily were.

The underestimation of the co-optive capacity of the capitalist state leads Gindin to fail to support the potential opposition to the government arising from various sources–a lost opportunity. 

Bill 24, as a specific piece of  authoritarian legislation, was the continuation of earlier authoritarian legislation, such as Bill 5, which had changed–in 2018 mid-municipal elections–ward boundaries. In 2021, when the Ontario Supreme Court judged parts of Bill 254 (which pertained to doubling the length of time a third party could run pre-election ads) to be unconstitutional,  Ford used the notwithstanding clause to pass Bill 307–which contained those parts judged unconsttutional; the use of the notwithstanding clause to quash a judges rulings should be seen in the context of provincial elections the following year–which Ford won. More directly relevant was Bill 124, which capped public-sector wage increases to one percent per year for three years. Just recently, on November 29, the Ontario Supreme Court judged the Bill unconsitutional; Ford’s government is appealing the decision. 

There has been plenty of evidence that Ford has used the political system to quash even liberal political democracy when he can. Given that only about 43.5 percent or, to put it the other way, about 56.5 percent did not bother to vote in the 2022 provincial elections, this in itself indicates that actual support for Ford was probably quite a bit lower. Given the historical record of Ford’s authoritarian administration, and the use of the notwithstanding clause to break not only the union but also set a precedent that could be used to block “free collective bargaining” in the future not only in Ontario but across Canada, the potential for substantial opposition to Ford’s government was there. Furthermore, given the pent-up lives of many during the COVID pandemic, the potential was probably even greater. 

Gindin ignores this potential. 

And what did Gindin do before this situation to call into question the typical union model of “free collective bargaining?” His advocacy of Jane McAlevey’s approach to organizing as deep organizing (with stress tests to see how much power workers have) is a start, but he vastly underestimates the need to engage in ideological struggle if micro-organizing is going to be linked effectively with macro organizing with the aim of overcoming and abolishing the class power of employers. His own defence of unions’ use of such rhetoric as “decent work,” fair contracts” and so forth hardly prepared workers for a grasp of the inadequacy of collective bargaining and collective agreements as vehicles for realizing their interests. 

Gindin then provides a rather weak explanation of why Ford backed down by agreeing to repeal Bill 28: 

And yet Ford did back down in the shadow of labour’s threat of an all-out war with his government. What are we to make of this? Though speculative, it seems that it was not so much the fear of a successful general strike that moved Ford, but a growing web of contradictions. He had been trying to carry the populist banner of representing ‘the little man’ and nurturing labour leaders to his side. But the chain of events that the education strike set off exposed his true anti-worker colours and lost him the seven endorsements, primarily from unions in the construction trades, that he had previously recruited.

I will not explore further Gindin’s speculation except to speculate that it was indeed probably “the fear of a successful general strike that moved Ford.” Gindin wants to play down the possibility of such a successful strike and thus provides a speculative account of why Ford backed down that does not involve evidence that a general strike might have achieved more than Gindin is willing to admit. 

He then paints a geneal strike as somehow useful at times but not the only or even the most appropriate weapon workers can use to accomplish their goals: 

None of this denies that general strikes can be a crucial instrument in labour’s arsenal in the struggle to make our society more democratic and equal and our lives more secure and meaningful. But ill-prepared general strikes may also expose the weakness of the labour movement rather than showcase its potential. And general strikes are not necessarily the strategic pinnacle of labour opposition.

Consider the contrast with the Days of Action in the mid-1990s. In that earlier period the labour movement understood that it didn’t have the strength to call and sustain a general strike. The alternative chosen was to turn to a series of community shut-downs. This allowed labour to start with communities where it was stronger, concentrate their best organizers there, spend a good deal of time to prepare for each action, and ultimately sustain the protest over eleven one-day regional strikes over two and a half years.

Firstly, there are undoubtedly times when the call for a general strike would be ill-advised. When I attended a second rally in Toronto in support of the education workers on November 11, 2022, there were perhaps only 300 protesters when compared to the 10,000 a week earlier. Despite this, Socialist Action, a far-left political organization here in Toronto, had a poster that called for a general strike; it was evident that such a call for a general strike would fall mostly on deaf ears at this stage. However, before the calling off of the strike on November 7, the potential for a successful strike was much greater to at least force Ford to repeal Bill 28 before workers were to go back to work. It also had the potential to snowball into a call for the repeal of Bill 124 (the legislation that limited public-sector workers’ wages to one percent per year–which a court has recently declared invalid, a decision which Ford has appealed). 

Secondly Gindin refers to the Days of Action and the lack of a general strike but rather eleven one-day regional strikes over two and half years.” What was accomplished by such a tactic? Gindin fails to specify what was gained. Was it a further advance in the organizational capacity of workers? A further understanding of the class nature of our society? A further weakening of the legitimacy of government? When I came to Toronto at the end of August 2013. the left was dominated by social democrats or social reformers–and Gindin reinforced their dominance by failing to engage in any real criticism of their political position. 

Why Didn’t CUPE Stay on Strike?

This section tries to answer the question in the heading: 

Why Didn’t CUPE Stay on Strike?

The most vexing question emerging out of the education workers’ strike is how it ended. Rather than following the common union practice of staying on strike until there was a concrete offer on hand and ratified by the membership, the leadership ended the strike, returned to negotiations, and also accepted a blackout on information.

The practical point here is that the return to work took the pressure off the employer. Even if talks broke down and picket lines returned, in the interim the momentum of the strike will likely have been eroded. The democratic point is that staying on strike until workers have seen and ratified a deal gives concrete expression to the promise that ‘the union belongs to the workers’. Furthermore, the labour movement seemed to be solidly behind the strike and polls showed the workers had the support of more than six parents in ten. Why, after all the preparations and this apparently favourable moment, would the union end the strike?

As for the media blackout on information, usually justified as allowing the bargaining to ‘go more smoothly’, this generally comes from employers more concerned with trying to freeze the union’s on-going mobilization. For the union, on the other hand, keeping the members informed was a matter of respecting the wisdom of workers and of the commitment to continuous organizing. Transparent bargaining could also facilitate getting a better read on where the members were at as the conflict progressed.

Moreover, in light of Ford’s recent embarrassed retreat, the union had some leverage in rejecting a bargaining blackout. Anxious to quickly end the strike, Ford would have had trouble delaying bargaining so as to control and block information flows. (The obvious compromise was to put any blackout on hold; if bargaining did seem at some point to demand a blackout this could, through mutual agreement be reconsidered.)

Gindin is right to point out the unusual backing down of the reps for the education workers in calling off a strike until demands had been met. The lack of transparency in negotiations is also of concern since this reflects typical anti-democratic behaviour of many union reps. 

Gindin further argues: 

Yet, there were two factors making the continuation of the strike problematic. First, Ford’s eating humble pie changed the dynamics of the bargaining conflict. The labour movement’s prime concern had been Ford’s removal of the right to strike and once that was defeated, the use of that right became secondary. For the labour movement, the negotiations between the education workers and the government drifted towards becoming a more or less ‘normal’ labour-management confrontation.

Ford’s “eating humble pie” did indeed change “the dynamic of the bargaining conflict”–for union reps. Their focus was on defending “free collective bargaining,” and once that had been achieved by a written guarantee by Ford that he would appeal the law, they “drifted towards becoming a more or less ‘normal’ labour-management confrontation. This should have been met by a radical critique of not only this shift but the obvious earlier idealzing of the whole collective-bargaining process and the resulting collective-bargaining agreements as inadequate expressions of the interests of workers. Gindin has done no such thing. 

The radical left needs to explicitly address the inadequacies of the collective-bargaining process, critizing union rhetoric at every turn. It needs to use every opportunity to open up debate about the legitimacy of that process–and such a debate has not been opened up since I moved to Toronto in 2013. Should not socialists be addressing this explicitly whenever they can? 

The second factor to which Gindin refers is parent support: 

Along similar lines, the support of parents could not be indefinitely counted on. After Ford had shown some ‘flexibility’ in annulling his legislation and expressing a readiness to modify his final offer, parents could be expected to pressure the union to show a parallel flexibility by ending the strike and returning to negotiations.

It is true that parents cannot be the determining factor for union strategies – the first consideration must be the workers affected – but neither can the reaction of parents be easily dismissed. Parent attitudes can affect the morale of workers and are critical to any future alliance for improvements in school conditions and funding. And with a good number of parents themselves workers, a relationship to parents is also critical to the building of a more coherent working class. Still, risking the loss of parent support might have been the route to go if it weren’t for the second factor.

Continuing the strike demanded a strike-able issue but in moving to a wage settlement, the union undermined both the staffing issue and the possibility of continuing the strike to win more. This clearly requires some unpacking. In doing so, the point isn’t to make judgements with the benefit of hindsight, but to explore some of the dynamics of bargaining to the end of rethinking future tactics/strategies.

It is true that parent support would likely not last indefinitely–short of much more radical measures. Gindin’s point is that the union could have tried to shift the central issue in bargaining from wages to the other issue of staffing levels–which would resonate more with parents than wage increases. This was perhaps a tactical error even for union reps–they could have achieved more at the bargaining table if they could sustain parent support.

Gindin then, interestingly enough, suggests an alternative scenario that would have addressed the staffing issue even if it were not a priority for the bargining committee: 

When they did, any pressure on the government moving on staffing was essentially gone. The union could not sustain a strike on staffing alone, which would have been a hard task in any case but certainly after wages, the workers main issue, was settled. Like wages, the call for more staffing went against Ford’s determination to continue reductions in expenditures across the public sector. What was distinct about staffing was that it challenged employers’ sacred ‘management right’ to rule the workplace. Getting the government to bend on staffing would be especially difficult and uncertain.

To have escaped this dilemma, the union would likely have had to concentrate on the staffing issue before getting to wages. This may seem peculiar given that wages were the obvious priority. But there is a distinction between priorities and the tactics of putting a package together. Unions in fact commonly try to address critical workplace and management rights issues before turning to wages, even when wages increases are the main goal.

When Ford offered to modify the government’s final offer in exchange for the union ending the strike and returning to the table, what if the union had responded not by pointing to wages but by leaving the wages to the side – knowing they would in the end return to the centre – and demanding some movement on staffing before they ended the strike? If Ford bit and offered something – anything – that in itself would give the workers a breakthrough to build on. If he didn’t, then twinning wages and staffing (unlike staffing alone) could sustain the continuation of the strike.

This indeed could have been done. Pressing for an inroad into what is traditionally management rights would have opened up the possibility of further politicizing the issue. However, such a possibility would have to be built on and not just swept under the rug–which is what the social-democratic or reformist left do so often. 

In addition, Gindin does not question the adequacy of addressing staffing levels–which have to do with adequate services under the existing school system. Adequate staffing levels appears then to assume that the school system is itself adequate and what is needed is an expansion of money and current services–and public education will be adequate. Public education, however, is riveted with contradictions and inadequacies, such as the rhetoric of addressing the educational needs of children while simultaneously using grades or marks to control, oppress and stream students (see in general the series of posts titled “Critical Education Articles Placed in the Teacher Staff Lounge While I Was a Teacher” and for the partiular criticism of the use of grades or marks in schools see  Critical Education Articles Placed in the Teacher Staff Lounge While I Was a Teacher, Part Fifteen: Progressive Versus Regressive Grading Systems in Schools). 

Did the Education Workers Win or Lose?

This final section before drawing up lessons learned is a summing up of whether the education workers won or lost. 

Did the Education Workers Win or Lose?

It’s hard to claim a victory when wages will fall even further behind inflation and staffing remains as is. But what can be said is that the internal organizing among the education workers and their readiness to strike illegally mattered. In a mere two days, the education workers had, remarkably, forced an aggressive Premier to back off a law dangerous to the labour movement as a whole, pushed the employer to drop concessionary demands like the erosion of paid sick days, and in spite of Ford’s absolute ‘final offer’, raised wages by a dollar across the workforce in each year of the agreement (a near doubling of the earlier offer).

Beyond this, the education workers were a showcase for implementing systematic member organizing into union strategy and demonstrating that workers can fight back even in the worst of circumstances. The education workers tried to derail the grim austerity agenda the Ford government has been pursuing but fell short. This poses a challenge to the larger labour movement to acknowledge its decades long internal crisis and start to confront seriously what reversing that crisis will mean.

It will take time to assess whether, considering everything, this strike is deemed a win or not. It will take some time to get a read on whether the education workers and the labour movement as a whole came out of this stronger or weaker. Time to learn about the impact on the consciousness and confidence of the education workers and time to see how the union deals with lingering disappointment. Time, that is, to see whether the example of the education workers affects the orientation and culture of the labour movement.

The education workers did indeed gain something–an increase in wages that they would otherwise have not gained, They also gained in organizing themselves and in learning to organize themselves. These positive gains also must include the negative gain of defeating Bill 28. However, largely what was gained was–a return to the status quo without any real questioning of the premises of the class power of employers. There is little indication that the workers drew any radical conclusions about the nature of working for an employer, the limitations of collective bargaining and collective agreements or the nature of class oppression and class exploitation.

Why is that? 

My prediction is that what transpired will have little effect on “the orientation and culture of the labour movement.” It had the potential to do so–but the potential was wasted–and Gindin, ultimately, is in agreement with such waste even if he is not conscious of his implicit agreement.

Gindin then refers to what he claims is needed for the labour movement: 

Of the various indicators of whether labour is, at long last, turning the corner, four challenges/tests seem especially pivotal.

He actually refers to five, not four, “challenges/tests”: 

1. Organizing

Activists should be pressing the parent union of the education workers CUPE, the largest union in the country, to extend the education/training carried out with such success in its education sector to the rest of CUPE. And activists everywhere should push their union to emulate the internal organizing the education workers did, adapted of course to their own circumstances. Among other things this would require setting up a cross-union school for training instructors. and essentially adding ‘organizing schools’ to the characterization of what unions are.

Yes, internal organizing and organizing schools should be created–but they should be combined with a critical part of such education–on the one hand, the critical determination of the nature of the kind of society in which we live and, on the other hand, a critical discussion of the limits of collective bargaining and collective agreements. 

The second challenge/test: 

2. Coordination

It is stunning that in the face of the 1% caps on public sector wage agreements, no systematic coordination occurred across unions. There have been ad hoc attempts to coordinate bargaining in some sectors like health, but it has been limited. Any broader coordination across unions will be difficult, yet with the public sector facing common attacks from the state, it’s surely time for the creation of a permanent council of public sector unions to strategize and build solidarity for the confrontations that we know are sure to come.

Yes, this too should arise. However, coordination across the public sector that fails to be crticial of union rhetoric is likely to result in the same kind of business union concerns that individual unions address. For example, when I attended a meeting of the Toronto Airport Workers Assembly (TAWC), an organization where union reps from various local unions whose jurisdiction is Toronto Pearson Airport workers, the meeting seemed like an enlarged union meeting, with the concerns of union reps being addressed without any critical larger issues being addressed (for addtional information on TAWC, see the posts  The Toronto Airport Workers’ Council (TAWC): One Step Forward and Two Steps Backward?    and  The Pearson Survey of the 50,000 Employees at the Toronto International Airport: A Document Expressing the Ideology of Employers  as well as TAWC’s Facebook page https://www.facebook.com/search/top?q=tawc%3A%20toronto%20airport%20workers%27%20council. What we also need is not just defensive coordination but offensive coordination. Unions have not engage in offensive tactics and strategies for a long time–and that does not just mean going on strike to achieve better contracts; it also means coordinating efforts with the explicit purpose of challenging the class power of employers in various ways, such as economic, political and ideological struggle. 

Gindin refers to the third challenge/test–and it sounds radical: 

3. Addressing Class

While organizing at the base and coordinating at the top complement each other, both need a clear strategic vision. What are workers being educated and trained for? What struggles would coordination prepare workers for? Some four decades ago Doug Fraser, then president of the UAW, clearly identified the emerging reality: “A class war is being waged in this country but only one class is fighting.” This remains true today and workers have suffered immensely for it. If this is to change, workers must come to grips with who they are, who is there with them, and where they ‘fit’ in the system. Class penetrates every aspect of workers’ lives and unless workers integrate class into how they think and act, the future will, if anything, be even worse than the past and present.

There is evidence that  what Gindin means by “class” is quite different from what I understandin by class. Thus,  part of the nature of class is to criticize slogans that hide the real nature of oppression and exploitation at work. As Gindin wrote on  November 24, 2017: 

Debating whether a job is ‘decent‘ is a misdirection.  Everyone pretty much knows, I think, that workers are exploited even if their conditions improve. ‘Decent jobs’ or a ‘good contract’ are a way of expressing defensive gains when radical gains are not even on the table and we – those on this exchange – don’t have the capacity tooter [to offer?] them any kind of alternative jobs. So criticizing them for this hardly seems an effective way to move them to your view – which is not to say you shouldn’t raise it but that you shouldn’t be surprised when they don’t suddenly act on your point.

Gindin’s approach is far from Marx’s approach. From a letter written by Marx to Arnold Ruge, September 1843 (Marx-Engels Collected Works, Volume 3, page 142): 

But, if constructing the future and settling everything for all times are not our affair, it is all the more clear what we have to accomplish at present: I am referring to ruthless criticism of all that exists,
ruthless both in the sense of not being afraid of the results it arrives at and in the sense of being just as little afraid of conflict with the powers that be.

“Everyone pretty much knows … that workers are exploited even if their conditions improve.” Really? I doubt that. Where is the evidence that workers or even the so-called radical left here in Toronto take seriously the nature of exploitation in Toronto? It is nowhere to be found.  Who is this everyone?

Indeed, it is one of the basic features of capitalist relations (class relations in a capitalist society) that they take the form of a relation between things and thus hide the nature of class exploitation. Social relations between workers become an objective relation that controls the workers rather than vice versa.  From Nicholas Gray (Winter 2012), “Against Perversion and Fetish: The Marxian Theory of Revolution as Practical Demystification,” in pages 13-24, Studies in Social and Political Thought, Volume 20, page 19: 

Thus, in bourgeois society, although individuals hold their “social power in their pocket” or “in the shape of a thing” (Marx, 1973, p. 157), in fact it is they who are beholden to it, or under its sway: they are “ruled by abstractions” (their own social relations which have become abstracted from them – i.e. alienated from them) (1973, p. 164). The alienation of social power goes hand in hand with an ontological inversion characteristic of the money form of value: money is transformed from means of exchange to a relation of power which subjugates individuals; a social relation alienated such that
it becomes autonomous, self-standing, and an end in itself.

These objective relations between workers results in their exploitation–but such exploitation is not visible–unlike earlier kinds of society. From Meghnad Desai (1974), Marxian Economic Theory, page 16: 

The contradiction between the juridically free status of the labourer and his exploitation is the original contradiction of capitalism. It is original since it appears at the origin in capitalism. In  no other society does exploitation take the value form [objective form of the relations between producers] since in no society does it have to be masked from visible relationships.

Class relations are hidden by relations of exchange, or relations of buying and selling commodities. Desai, page 23: 

The difference lies not in the characterization of the productive process, similar for all schools of
economics, but in the process of buying and selling labour power,  which lies at the beginning of the productive process and leads to appropriation of surplus value by one class. Throughout all the participants perceive only legitimate exchange relations and not unequal relations of class and
exploitation.

Exploitation is hardly evident in a class society characterized by capitalist relations of production, distribution, exchange and consumption. Quite to the contrary. The capitalist process of exploitation appears in the form of its opposite. From Desai, page 55: 

In Neoclassical economic theory, preferences and technology are the structural relations which explain the observed pricequantity data. Marx would reject these Neoclassical relations as not
penetrating beneath the surface of exchange relationships to the relations of production and the forces of production. But Marx went further than this. He also emphasised that the observed reality was the inverse or mirror image of the true social relationship. Thus, exchange shows equality where the true relationships are of exploitation. In this sense, observed reality is upside down, and empirical data unless approached within a value theoretic framework would lead to conclusions which will contradict the predictions of the value theory.

Exchange relations appear as what they are–formal relations of equality between buyer and seller. No one threatens through the use of physical violence for workers to work for a particular employer. This formal exchange relation, however, conflicts with the exploitation and oppression of workers when they are working.

In addition to exchange relations hiding the real nature of exploitation, distribution relations also hide the nature of exploitation. Although I have tried to calculate the rate of exploitation of specific workers working for specific employers (see for example The Rate of Exploitation of Workers at Magna International Inc., One of the Largest Private Employers in Toronto, Part One), the amount of surplus value or profit particular employers receive need not and indeed rarely coincides with the surplus value that their workers produce. The amount of surplus value (s) or profit employers receive is mediated through the distribution of the surplus value produced according to the rule of equal rates of profit for equal amount of total capital invested (for an example of this complicating issue, see my response to a comment made by Biswadip Dasgupta on my post  The Rate of Exploitation of Workers at Air Canada, One of the Largest Private Employers in Canada). As Desai remarks, page 56: 

The role of price mechanism and exchange in Marx’ s theory is to mask surplus value and make it appear legitimate as profit. The profit of anyone particular firm, industry or Department does not equal the surplus value produced by it. … The link between profits and surplus value becomes complex and in fighting against exploitation workers cannot fight against their own industry’s owners in isolation; they have to fight the whole system.

What workers face immediately, however, is a particular employer so that the fight has its point of departure there but has class exploitation as its background and supposition.

Given the nature of capitalist reality, exploitation is hardly evident to workers. An ideological struggle is thus necessary to expose such a reality–but Gindin obviously considers such struggle to be secondary to the magic of “organization.” As I wrote in another post: 

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

Gindin ignores the specific nature of exploitation in a capitalist society–its hidden nature. 

Or is Gindin referring to some union reps being aware of exploitation, such as Wayne Dealy (executive director of CUPE local 3902) or Tracy McMaster (union steward, former president of the Greater Toronto Area Council, to which are affiliated 35 local unions of the Ontario Public Service Employees Union (OPSEU)), and former vice president of the Ontario Public Service Employees Union (OPSEU)? 

Perhaps Dealy plays lip service to the existence of exploitation (although I have never seen any evidence of this), but does he take such exploitation into account when formulating a plan of action? There is no evidence that he does so. Let Gindin provide evidence to the contrary. 

As for Tracy McMaster–“Our Tracy,” as Gindin once called her–her views are linked to Dealy’s response to her email sent to those on the listserve of the Toronto Labour Committee: 

Hello all,
 
Sean,  It was great hearing you on CBC this morning talking about   TAWC!  In case you haven’t heard, our neighbours the Molson’s   workers from Local 325 CUBGE are on the picket line. Representing  airport & airline workers I spoke at their Solidarity BBQ last week   at the International Drive/Carlingview entrance. They are in a tough battle with a huge corporate (and American) giant in Coors and could  really use our support. Please boycott Molsons products for the  duration of the strike, and feel free to drop by the picket line  -honking support is also welcome! The workers just want a fair deal, good jobs, pension security and fair benefits [my emphases] but the employer won’t even bargain.  I hope you all   will join me in showing solidarity with the brewery workers from   Local 325! 
 
In solidarity,

 

Tracy
Since I wanted to open up debate on such an issue, I responded thus: 
Hello everyone,
 
 
I would like to respond to Tracy’s reference to a “fair deal” and  “good job.”
 
These workers do certainly deserve to be supported in various   ways–it is a question of solidarity.
 
However, I do hear often enough such terms by those who support  unions. I too support unions, but the use of such terms needs to be  debated.
 
Having worked in a brewery for about four years, I do have some  experience in the area. I fail to see how what workers at a brewery  do is considered to be a good job. They are used as means to obtain  
more money for investors. Is being used to obtain more money for investors something to be proud of?
 
Would a parent sincerely want her or his child to be used to obtain   more money for others? To be treated as a means to that end?
 
Yes, brewery workers may receive higher wages than some, and they  may receive benefits as well (if they fight for them through  organizing themselves). However, is this adequate compensation for  
being treated, ultimately, as things to be used by investors and  their representatives in order to obtain more money? Do we not   deserve better–much better?
 
But let us assume that these workers have whatever is called a good  job and are not used by others (a cooperative could be such a  situation where workers have more control over their immediate  working lives). Firstly, what of the other workers in other  industries, or those who work in the public sector?Are their lives  not a means for obtaining a profit (the private sector), or for  realizing the mission of the particular public sector (without much  control over their own working lives). Even on the assumption that a particular group of workers have somehow a “good” job involves other  workers lacking control over their working lives. Such a situation  contradicts the principle of solidarity among workers,does it not?
 
Unless of course there is a growing movement for all workers to  control their working lives–which involves the conscious intent to  do so and the practical effort to realize such a goal.
 
The same logic applies to a “fair” deal.
 
What is meant by a “good job,” a “decent job,” or a “fair deal?”
 

Fred

Dealy responded thus: 
Is this meant to be a serious intervention or are you taking the piss?
 
 
Wayne G. Dealy
Ph.D. Candidate
Department of Political Science
University of Toronto
My response: 
It is meant to be a serious intervention. If Wayne Dealy has  something against the intervention–apart from emotional venting and insults-he is welcome to debate the issue.
 
Social democrats, unionists and others who consider themselves to be progressive often refer to good or decent jobs and fair contracts  (deals). This is an assumption that is rarely questioned. Indeed,  the tone of Wayne’s response is indicative of the lack of real  concern over the issue of the power of employers as a class in  relation to employees as a class. In other words, Wayne’s response  itself shows just how much the issue needs to be debated. That topic will start to be addressed at the next Toronto Labour Committee on  March 9, from 7:00-9:00 at 31 Wellesley.
 
Fred Harris, Ph. D., philosophy of education, former brewery worker
By the way, the topic was never addressed by the Toronto Labour Committee at the date and time indicated–and never while I was a member of that organization. 
 
Dealy’s response: 

wayne.dealy@utoronto.ca

Deepest apologies. Those fourteen words have been buried deep inside me for years and they could no longer be contained. I regret that you suffered so for their ill-timed appearance.
 
Apologies too for not showing more gratitude for the fact that you deigned to use Tracy’s call for picket-line support to explain to us in plain language how wage labour is exploitative. Sam, David, Tracy et al, I hope you all were taking notes. All of us on this list are obviously and sorely in need of simple explanations of such things; fortunately Fred is here to fill that void.
 
On a more personal note, thanks to your second intervention, my consciousness has been raised even further: I now see the problem all along was my “lack of real concern over the issue of the power of
employers as a class in relation to employees as a class”.
 
And the fact that you were able to suss me out from my fourteen ill-chosen words? Mind. Blown.
 
Thanks again, truly, for sharing your insights. This group is extremely fortunate to have a Promethean figure like yourself who so selflessly kept the ember of class analysis alive so that it could be shared with all us sinners.
 
Wayne.
 
p.s. If I had wanted to insult you I would have called you a condescending prick
Gindin’s intervention involves his cavalier dismissal in the quote above of my concerns, beginning with: “Debating whether a job is ‘decent‘ is a misdirection.”
 
Further evidence that McMaster does not take exploitation and oppression seriously is one of her emails, a response to an email I sent, part of which is reproduced below: 

On Feb 2, 2018, at 4:32 PM, Frederick Harris <arbeit67@hotmail.com> wrote:

The idea that 20,000 new members have been organized as part of a collective-bargaining unit is certainly better than not belonging to a collective-bargaining unit. One has to wonder, though, what Jane McAlevey would think about such an accomplishment. Is it the old model of a union engaging in collective bargaining while the membership grieve mainly through legal means (the grievance procedure) and, otherwise, remain passive? Is it the model where at best 2,000 of those members attend union meetings (probably substantially less, if the number who attended UNITE HERE Local 75 meetings is any indication)? Where union really means an objectified social structure that fails to really unify the workers against management on a day-to-day basis?

Of course, since there are no details provided about what organizing 20,000 part-time workers actually means for the lives of these 20,000 workers, it is difficult to determine how significant this is.

What is needed, instead of merely citing numbers (purely quantitative considerations), is an opening into a qualitative debate and conversation about the goals of the labour movement and of the union movement and their relation to the power of employers as a class–unless of course we already have fairness, economic justice and fair contracts–in the best of all possible worlds.

Fred

McMaster responded as follows: 

Tracy MacMaster
Fri 2018-02-02 7:33 PM
 
Hi Fred,
I don’t normally repsond to your emails, but I feel compelled.  20,000 workers, who for 50 years had almost no protections in the workplace, since they were excluded from many of the most basic protections of the Employment Standards Act, will now have a voice in the workplace.  The potential to improve their material circumstances, as well as their health – precarious workers are at greater risk for negative health outcomes, due to uncertainty, and of course poverty – gives me hope.
 
Having worked alongside numerous activists on this project for the past 13 years, I can only express delight that they finally have come this far.  Collective bargaining is limited and imperfect, but a fuck-ton better than none [my emphasis]. I hope you can attend the meeting to hear what’s going on with them, particularly in the context of the pressure being put on their employer through the recent faculty strike. Theory is a marvelous thing, but we need to acknowledge concrete gains and losses if we have any hope of affecting change.
 
In solidarity,
Tracy
In the first place, I had already recognized that collective bargaining that results in a collective bargaining is better than no collective agreement. In the second place, her claim that “collective bargaining is limited and imperfect” sounds like more union rhetoric. If it is limited and imperfect, in what way? If so, what is McMaster doing about it? The reference to “limited and imperfect” is union rhetoric that hides any real consideration of such limits and imperfections and taking them to heart. The only way to convince Ms. McMaster, as far as I can see, is to–agree with her. She idealizes collective bargaining and fails to address its limitations.
 
I sincerely doubt that McMaster takes seriously the limitations and imperfections of collective bargaining. If there is such evidence, others should provide us. If she did, she would have discussed such limitations and imperfections as well as what needs to be done to overcome such limitations and imperfections. She merely pays lip service to such limitations and imperfections. In practice, she operates entirely in terms of collective bargaining.
 
Gindin’s claim that “Everyone pretty much knows, I think, that workers are exploited even if their conditions improve” rings hollow both at the level of working class in general and at the level of so-called trade-union activists. 

The fourth “challenge/test” also seems to be radical: 

4. Union Transformation

Carrying out the above projects is not just a matter of adding certain functions to unions. To deal with them seriously is to recognize that what is at stake is transforming our unions. Truly addressing all of the above means changing union structures and priorities, how unions allocate their funds, the role of the staff, the leadership’s relationship to their members, the unions’ approach to bargaining, and its orientation to ‘politics’.

Given Gindin’s position in point three above (unless he has changed his position in the meantime), his call for transforming unions is insufficient. When faced with a challenge by me of a typical union position, he defended the union position and criticized my position without a thought. His meaning of what union transformation involves and what I mean are obviously quite different. 

Furthermore, in Gindin’s article, he implies above that going out on strike 

It is true that there were some hints of a reawakening within the labour movement. OPSEU’s (Ontario Public Sector Union) college strike.

How was the college strike an indication “of a reawakening within the labour movement?” Gindin fails to explain how this was so. Going out on stike as a means to obtain a collective agreement has formed part of the union scene even during the Second World War and has formed a part of that scence during the post-War settlement. That strikes have decreased in frequency does not mean that a resurgence in strikes questions the premises of the class power of employers in any way. It may just be a tactic to obtain a better collective agreement. 

How is this change to arise if not through criticism? Through open debate? I withdrew from the Toronto Labour Committee and started this blog in large part because of the lack of open debate in the Toronto Labour Committee over issues that I consider important. I fail to see how Gindin’s position has changed in the meantime. Perhaps he can enlighten his readers on this point. 

The only change that Gindin seems to propose concretely is to follow Jane McAlevey’s model of organizing. He fails to address how the macro issue of the class power of employes is to be addressed (McAlevey fails to address it). He nowhere takes into account how the nature of capitalist economic, political, legal and ideological relations hide the nature of exploitation and oppression. He also fails to address the issue of how unions are to be transformed when they persistently define the limits of their actions in terms of collective bargaining. Even McAlevey repeatedly refers to “good contracts”–as if there were such a thing. 

Fifth challenge: Politics

5. Politics

The problems workers face go beyond any workplace, union, or sector. And at some point we need to clearly address why things are the way they are: Why do inequalities keep rising? Why is there unemployment and why is there inflation? Why do we have a looming environmental crisis? Politics is not so much about good policies as about building the social base so we have the power to see those policies implemented. At the centre of building such a base is the making of a working class with the understandings, coherence, individual and collective capacities, and confidence to make change. At this moment in time, the over-riding political question is how we to organize ourselves so as to build that kind of working class. The Ontario CUPE education workers gave us a glimpse of what is needed and what is possible. Will the labour movement in Canada build on this? There is much more to be done. •

Note Gindin’s focus here: increasing inequalities, unemployment, inflation, the environmental crisis. All of these are real enough and of concern for workers, but there is also the daily politics of subordinating billions of workers’ lives and wills to the power of employers. No mention of exploitation here. I guess we never really need to make exploitation an essential aspect of any critical approach to class politics. 

Gindin seems also to asusme that what is needed is to develop the social power of workers–so that they can push through policies that the state will then implement–why else refer to “have the power to see those policies implemented”? Who does the implementing of policies is vital. It is crucial that workers not only “have the power to see those policies implemented” but that they have the power to implement them as well and to oversee such implementation–the democratisation of the state through the abolition of its hierarchical, separate and objective nature (see the post The CUPE Education Workers Strike: A Lesson on the Nature of the Public Sector for an elaboration of this)–in effect abolishing the nature of the state as an oppressive feature in our lives and self-government through an a great expansion of who is elected (administrators and judgeds would themselves be elected) and a great expansion of control over those elected through the right to recall elected officials–real accountability, not the pseudo-accountability of the present neoliberal state. 

Conclusion

On the positive side,  he rightly emphasizes the unique nature of the situation–especially Ford’s use of the notwithstanding clause. Gindin also emphasizes the need for deep organizing as suggested by Jane McAlevey–and how the education workers used that principle to organize their own strike. In addition, he correctly assesses the probable desire of union leaders to return to the status quo of “free collective bargaining” as soon as possible. Furthermore, Gindin also usefully refers to the need to consider tactical considerations (and public support) when emphasizing certain bargaining demands, Finally, he justifiably indicates that the education workers did make some gains

,  -but . He certainly does not really engage with the issue of how working for an employer is oppressive and exploitative nor how collective-bargaining and collective agreements cannot adequately address this common situation of workers

There are nontheless many problems with Gindin’s analysis. Gindin’s approach clings to caution, caution and more caution. His underestimation of the uniqueness of the situation to unify the union movement not only in Ontario but also in Canada leads him, in part to be overly cautious. This cautious attitude is reinforced by his underestimation of the probable level of public support for the striking workers. He also downplays the probabe real fear that Ford experienced of a possible general strike.

Despite his recognition of the need to fashion bargaining demands that take into account likely public reaction (especially in the public sector) while making inroads in management rights, he does not consider the larger qualitative issue of the adequacy of the social services provided in the public sector (such as the adequacy of the grading system to meet the learning needs of students). 

Gindin leaves open the impact of the education workers’ strike on the union and labour movement. My assessment is that there will be little impact of what occurred on the larger labour movement. Gindin ignores both the specific hidden nature of exploitation and the co-optive capacity of the modern capitalist state. 

Organizing will continue on the same basis, and “free collective bargaining” will continue to be idealized. Even deep organizing will fail to address the wider class issues. So too will coordination within the public sector unless it addresses the exploitative and oppressive nature of the employment relaitonship and the inadequacies of “free collective bargaining.” 

Gindin’s call for making class central sounds radical, but his understanding of class does not come to grips with the specific nature of capitalist exploitation and oppression. Given the nature of class exploitation and oppression in modern capitalism, his call for union transformation, accordingly, has a hollow ring to it since he fails to address the economic, political and ideological obstacles to such a transformation. Similarly, his call for class politics sounds radical, but he apparently conceives the modern government, with its hierarchy and anti-democratic executive structure, to be the vehicle for the realization of the social power of the working class. Class politics, however, also needs to involve a radical breaking down of the hierarchy through the expansion of the election of administrators and judges and the closer control of them by workers and the general public. 

Now that the opportunity for a general strike or at least a more unified union and labour movement–along with advanced in the repeal of repressive Bills (such as Bill 124) through workers’ own initiative rather than through the courts–has been lost, what will Gindin do? Probably continue to engage in his slow, social-reformist approach that will not serve the interests of the working class as a whole. 

All in all, Gindin’s article, like Rosenfeld’s article, expresses conservative radicalism or radical coservativism.

 

Once Again on the General Strike that Almost Was in Ontario, Canada, Part One: The Debate Between Adam King and Abdul Malik

Introduction

For some of the context of the strike, see a couple of earlier posts (The Case of the Possible General Strike of Ontario Unionized Workers: Critique of Conservative Radicalism or Radical Conservatism and The CUPE Education Workers Strike: A Lesson on the Nature of the Public Sector).

A few more leftists have made commentary on the initial strike of 55,000 education workers and the possibility of a general strike in Ontario. There is a debate between Adam King and Abdul Malik and in the online newsletter Passage  https://readpassage.com/should-cupe-have-kept-education-workers-on-strike/). Then there is Sam Gindin’s analysis on the Socialist Project’s website  https://socialistproject.ca/2022/12/education-workers-lead-but-come-up-short/.

I will restrict this post to the debate between King and Malik and will reserve another post to Gindin’s analysis.

King takes the position that CUPE’s(the Canadian Union of Public Employee) Ontario School Boards Council of Unions (OSCBU) made the right decision in calling off the strike since Doug Ford agreed, in writing, to repeal Bill 28, the draconian piece of legislation that not only legally forced the striking workers to return to work before they even started the strike but also used the notwithstanding clause of the Canadian Charter of Rights and Freedoms to prevent any legal challenge to the legislation.

His argument basically is that CUPE’s OSBCU, had it not called off the strike, would have faced one definite oppressive force–the continued existence of Bill 28–and was facing a possible other oppressive force–the Ontario Labour Relations Board’s future decision of whether the walkout was illegal, which, if that were the case, would have workers face a $4,000 a day fine and the union a $500,000 a day fine (for a total of a $220.5 million a day fine) for the walkout, which started on November 4 (a Friday) and continued on Monday, November 7.

Thus, on the issue of the continued existence of Bill 28, he has this to say:

Again, continuing the strike would have left the bill in place — an extremely risky move.

Yes, it would have been risky–but such is life in a society dominated by a class of employers. Workers risk their lives in various ways every day by working for an employer (see for example  Working and Living in a Society Dominated by a Class of Employers May Be Dangerous to Your Health  )-but King is silent about the need to fight against this risk; rather, he prefers to look at the risk of the continued effect of Bill 28. (As an aside, when I was a teacher at Ashern Central School, during a staff meeting, Rick Trittart, the Safety Officer for Lakeshore School Division, indicated that educational assistants could not legally refuse to work if their students were violent or otherwise consttuted a threat to the health and well-being of educational assistants if such conditions formed a regular part of their work (educatonal assistants form part of CUPE OSBCU).

Yes, it is necessary to take into account the level of risk when determining whether to act in a certain manner, but it is also necessary to consider the daily risks that workers face as means to be used by employers for purposes over which workers have little or no say. Furthermore, King himself admits that there was substantial support for the striking workers:

Abdul claims that the union had “considerable leverage” and “a favourable legal position.” I don’t dispute that the Canadian labour movement came to the aid of CUPE in a remarkable way.

Given the level of support, both in terms of the union movement and the general public, it would seem logical to take this support into consideration when determining the level of risk. Malik rightly emphasizes the level of support and momentum that Ford’s use of the notwithstanding clause had generated:

It’s worth mentioning just how rare the degree of mobilization around Bill 28 actually was. From public support to member mobilization and the threat of solidarity strikes, this was a lightning-in-a-bottle opportunity that would otherwise be unfathomable. The sheer momentum behind this strike can’t be overstated, and is possibly a reason the government backed down so quickly. It’s not a stretch to say this was a generational opportunity to exert pressure and win concessions with far-reaching implications for the broader conditions of working people. If power concedes nothing without a demand, OSBCU was in a position to insist on far more than what they settled for by collapsing the picket lines.

He counters this observation by adding the other possible oppressive situaiton which the striking workers faced: the possible finding by the Ontario Labour Relations Board that the strike was illegal:

I fail to see how the union was in anything but a horrendous legal position. At best, they might have received a favourable decision from the Ontario Labour Relations Board (OLRB) after the marathon unlawful strike hearing brought by the government over the weekend. On the other hand, we still don’t know the contents of that decision. Had the OLRB found in the government’s favour and deemed the strike illegal, the government would then have been in a position to levy the considerable fines contained in Bill 28 (double the amount for members, and 20 times the amount for unions normally stipulated by the Ontario Labour Relations Act).

Being in a precarious legal position does not mean that the workers would have been in a precarious power position; if the OLRB had declared the strike illegal, then the workers would have had to decide to continue to strike despite the legal repression or to desist. The issue of the legitimacy of the law could then have become an issue–but King assumes that the declaration of something as illegal by the OLRB would have to be respected.

This is a conservative stance, obviously–caution, more caution, and still more caution. Malik rightly questions such a cautious position, given the momentum and support for the striking workers:

While workers staying and continuing to leave Bill 28 in place would have posed risks, it’s important to reassert that with enough groundswell and unions on picket lines threatening to shut down the province in full, any legal hazards would be largely moot. Moreover, the legal confines of business unionism, and in particular Canada’s adherence to the Rand Formula, exist largely to confine and manage worker dissent. Strict adherence to legal procedure already puts labour in a losing position, as we’ve seen through the decline of union density due to layoffs, cutbacks and government endorsed capital flight for decades.

Malik also points out how, historically, wildcat strikers have often not suffered the threats which governments have made so that King’s estimation of the real threat overstates the risk:

Historical precedent with Canadian wildcat strikes has also demonstrated disciplinary action is often mitigated through mediation, compromise and other legal avenues.

This cautious attitude is in line with King’s evident faith in the collective-bargaining system as a mechanism that produces “good contracts.” He uses this phrase a couple of times in his defense of CUPE OSBCU’s decision to call off the strike:

Second, ending the protest in no way implies the fight is over. There’s a good contract [my emphasis]to win. CUPE members and supporters can still play a role in ensuring that happens.

And again:

 Yes, the protests at MPP offices have ceased and members have returned to work, but there’s a struggle ongoing for a good contract [my emphasis].

Since I have criticized this and similar phrases in other posts, I refer the reader to earlier posts (see, for example, The Canadian Labour Congress’s Idealization of the Collective-Bargaining Process and Review of Jane McAlevey’s “A Collective Bargain: Unions, Organizing, and the Fight for Democracy”: Two Steps Backward and One Step Forward, Part One).

Further evidence of King’s union rhetoric is his reference to a “fair deal”:

Moreover, union leaders made it clear during their press conference on Monday that they will remain on “standby” until education workers secure a fair deal [my emphasis].

Since I have criticized such union rhetoric specifically in relation to CUPE in another post, I refer the reader to that post for evidence of such union rhetoric (see Fair Contracts (or Fair Collective Agreements): The Ideological Rhetoric of Canadian Unions, Part One: The Canadian Union of Public Employees (CUPE)).

King’s focus on achieving a collective agreement without addressing wider issues also comes out in his weak justification for OBSCU’s decision to call off the strike without any call for an immediate repeal of Bill 28 before doing so:

Before addressing each point a bit more, I have to say that I think too much is made of the government not reconvening to repeal Bill 28 immediately. I agree that the haste with which the bill was passed stands in sharp contrast to the heel-dragging involved in its repeal. However, the union made sure to get Ford’s commitment in writing and bargaining has already resumed, which is equally as important.

Malik answers his objectiion thus:

While you can suggest frustration at the delayed repeal of Bill 28 is an overreaction, it’s also important to look at the idea of momentum here. A delay from people getting off the picket line and back in schools, alongside receding outrage toward the government’s outright animosity for the working class, makes it extremely difficult to whip up new anger or support as the news cycle continues to churn. Delaying Bill 28’s repeal is nothing but a concerted effort to enforce a cooldown period for labour militancy — and labour has played right into the government’s hands.

King’s approach essentially reduces all struggles to one centered on collective bargaining and collective agreements–well within the limits of the purposes of bureaucratic trade unions and their representatives.

The resulting collective agreement resulted in an actual wage increase was $1 per hour across the board for four years (an across-the-board increase was one of CUPE’s demands–and not a percentage increase offered by the Conservative Ford government ) (see the tentative memormandum of settlement at   https://osbcu.ca/img/tentative_cupe_mos_2022_11_23.pdf#:~:text=The%20wage%20increase%20for%20all%20job%20classifications%20within,hour%202025-2026%20%241%20per%20hour%20b%29%20Salaried%20Employees   ). The issue of inadequate staffing levels, however, was not addressed, so working conditions will still remain at earlier intensive and oppressive levels.

Conclusion

King’s position in supporting the decision to call off the strike reflects the typical union idealization of the collective-bargaining process and collective agreements. He assumes, without question, that the primary purpose of going out on strike is to achieve a “good contract” and a “fair deal.” The continued threat of Bill 28 and the possible threat of facing massive fines argue against continuing the strike.

Malik’s position, on the other hand, points out that there was considerable support for the strike and that momentum was building–and such momentum would have likely made the existence of Bill 28 a moot point. Furthermore, historically, wildcat strikes have not ended up with massive fines as such threats evaporate as alternatives are found. By  calling off the strike and returning to work, CUPE effectively broke the momentum that could have maintained pressure on the Ford goverment and obtained much more than they actually did.

Malik’s analysis is certainly more relevant–it shows how the potentialities of a situation precipated by an oppressive action by government could galvanize workers into opposing such a dictator. He recognizes that the potentiality was wasted when CUPE called off the strike before returning to the bargaining table.

Given that that potentiality no longer exists, what are radicals to do? While trying to organize workers, should they not try to have workers come to grips realistically with the limitations of collective bargaining and collective agreements in addressing their exploitation and oppression?

The CUPE Education Workers Strike: A Lesson on the Nature of the Public Sector

Introduction

Premier Doug Ford’s use of the notwithstanding clause to prevent a union legal challgenge to legislation forcing education workers back to work despite the workers not even going out on strike yet should give the left pause for thought. Is not Ford’s government part of the public sector?

And yet the social-democratic or social reformsist left frequently idealize the public sector (as the good) (see for example  The Poverty of Academic Leftism, Part Six: The Idealization of the Nation State or the National Government in the Wake of the Coronavirus Pandemic, Part One  , or  The Poverty of Academic Leftism, Part Seven: The Idealization of the Nation State or the National Government and Nationalization in the Wake of the Coronavirus Pandemic, Part Two  or    The Expansion of Public Services Versus a Basic Income, Part Two: How the Social-democratic Left Ignore the Oppressive Nature of Public Services: Part One: Oppressive Educational Services      contrasting it with the bad (the private sector).

Of course, the social-democratic left will deny that what they mean by the public sector includes the likes of Doug Ford. However, he was elected premier of Ontario despite their wishes, and he does form part of the public sector. What the reformist left want is, however, to elect “progressive” leaders and prevent the election of such right-wing leaders as Doug Ford. However, there will always exist the possibility of the emergence of such right-wing leaders as Ford in such a system since the power of employers remains intact. Furthermore, Ford’s power comes from the hierarchical nature of government and not just from the nature of Ford’s politics.

The social-democratic left should be questioning the democratic nature of the public sector and not just Ford’s use of the notwithstanding clause. That it does not do so should give one food for thought.

French History and Ford’s Use of the Notwithstaning Clause: A Lesson to be Learned

Ford’s use of the notwithstanding clause (and his imposition of a maximum increase of one percent increase in wages in the public sector via Bill 124, legislated in 2019 and quashed just this week by an Ontario court, which Ford will apparently appeal) has parallels with French history in the nineteenth century.

Napoleon had followed up the plebescite with a wave of arrests that left the French branch of
the IW A disoriented and leaderless. The entire twenty-year period of Bonapartist rule, Engels [Marx’s friend] lamented to Marx on August 8, has “produced enormous demoralization. One is hardly justified in reckoning on revolutionary heroism.

Engels in this instance was mistaken; he underestimated the creative capacity and potential of workers. Napoleon III entered into war between 1870 and 1871 with Prussia (a part of the North German Confederation in 1867).  Napoleon lost power to the provisional government, headed by Adolphe Thiers in 1870. Early in 1871 there was a French vote for peace–but not for right-wing reaction of the Thiers provisional government (which installed itself in Versailles, outside Paris due to the radical climate that then prevailed in the capital). .From Richard Hunt (1984), The Political Ideas of Marx and Engels. Volume 2.  Classical Marxism, 1850-1895, page 112:

The overwhelming vote for peace [between Prussia and France]  in February 1871, then, had not
been a simple vote for restoration, a state of affairs which must have been appreciated at Versailles if one notes, as Marx was bound to, the zeal with which the Versaillese hermetically sealed off communication between Paris and the rest of France, immediately passed legislation which strangled self-government in all towns of more than 20,000 inhabitants, adopted a new law restricting freedom of the press, and enacted what Marx characterized as a “new-fangled, Draconic code of deportation” for political offenses. The National Assembly did not behave like a government confident of its own popular support, or one under which democracy would long survive.

Ford’s draconian measure of not only passing legislation that forced the workers back to work (even before they went out on strike) was intensified by a further draconian measure of invoking the notwithstanding clause. Draconian measures, though on a larger scale, were instituted by the provsional government in Versailles in 1871. The executive branch of the modern government will always be a threat to a democratic way of life because of its hierarchical and unelected nature.

When the French army suffered complete defeat in March 1871, first the Parisian National Guard revolted (when Thiers’s government tried to strip Paris of its cannon, then those residing in Paris revolted, setting up a government independent of the provisional government. The Parisian government was called the Paris Commune.

This government elected its administrative body and did not rely on a hierarchy of unelected civil servants or officials. Hunt, page 130:

The ninety-odd councillors who formed the communal assembly- or the “Commune” in the narrow sense Marx employs here-did their administrative work through ten commissions (for finance, public works, justice, etc.) elected from among their own numbers and responsible to the whole assembly, just as each councillor was in turn responsible to to his popular electorate in the ward, by whom he could be recalled at any time. The intent was to make all administrative posts elective and responsible,
which would have the effect, as Marx elaborated in his First Draft, of “doing away with the state hierarchy altogether and replacing the haughteous masters of the people into always removable servants, a mockresponsibility by a real responsibility, as they act continuously under public supervision.”

The potentialities of some situations give rise to the calling into question of hierarchies and power structures that have dampened the creative power of workers. From Kristin Ross (2015), Communal Luxury: The Political Imaginary of the Paris Commune:

In one of his earliest essays, Rancière suggests that the poetry written by workers like Pottier, stealing time in the late night hours their schedules allowed them, was not a means of revindication—neither the form nor the thematic content of the poetry were what mattered. “It is not through its descriptive
content nor its revindications that worker poetry becomes a social oeuvre, but rather through its pure act of existing.”17 The poetry illustrates neither the misery of the worker’s conditions nor the heroism of his struggle—what it says, rather, is aesthetic capacity, the transgression of the division that assigns to some manual work and to others the activity of thinking. It is the proof that one participates in another life. When Marx says that the greatest accomplishment of the Paris Commune was “its own working existence” he is saying much the same thing. More important than any laws the Communards were able to enact was simply the way in which their daily workings inverted entrenched hierarchies and divisions—first and foremost among these the division between manual and artistic or intellectual labor. The world is divided between those who can and those who cannot afford the luxury of playing with words or images. When that division is overcome, as it was under the Commune, or as it is conveyed in the phrase “communal luxury,” what matters more than any images conveyed, laws passed, or institutions founded are the capacities set in motion. You do not have to start at the beginning—you can start anywhere.

In facing the Ford government, with its unprecedented use of the notwithstanding clause to impose directly the class power of employers on the workers, workers could, potentially, come to perceive the gross class power of the executive of the modern government or state and to understand that it could not be used to express their own class interests:

The new sentence Marx felt obliged to add to the new preface to the Communist Manifesto he wrote in 1872—”the working class cannot simply lay hold of the ready-made state machinery and wield it for their own purpose”—indicates clearly the distance that the Commune made him take toward his earlier thoughts about state centralization.25 What he now understood was that under the Second Empire, the state’s formal independence from civil society, its growth as “a parasitic excrescence” grafted onto civil society, was itself the form through which the bourgeoisie ruled.26 Attacking the separation between the state and civil society was not one of communism’s remote objectives but was instead the
practical means for its attainment, the very medium for class struggle. The form of the Commune, in turn, was less a form than a set of dismantling acts, the critique-in-act of the bureaucratic state, a critique that, in Marx’s words, amounted to the state’s abolishment. The Communards had not decreed or proclaimed the abolishment of the state. Rather, they had set about, step by step, dismantling, in the short time they had, all of its bureaucratic underpinnings. An acting, not a parliamentary body, the Commune was both executive and legislative at once. The army was eliminated; all foreigners were admitted into the Commune; state functionaries were eliminated (certain of their tasks still existed, but they were performed by anyone—at a worker’s salary, and subject to immediate recall); priests were sent off to “the recesses of private life.”

The Social-Democratic Left’s Silence About Executive Power

The social-democratic or reformist do not even mention the issue of the undemocratic nature of the exeuctive power. Their focus is on Ford–as if Ford’s use of the notwithstanding clause were not an expression of a deeper-lying problem of the undemocratic and hierarchical nature of the public sector. Of course, it was indeed necessary to criticize Ford’s undemocratic move, but there is no hint that the very structure of the executive power of government is undemocratic. The Ontario Public Service Employees Union (OPSEU), which supported a wildcat support strike of its own section of education workers in favour of the striking education workers, made the following press release  (https://www.baytoday.ca/local-news/opseu-workers-to-join-friday-strike-in-support-of-cupe-6049790):

“Bill 28, which is a legislative attack on workers’ constitutional right to fair and free collective bargaining, was introduced on October 31 after CUPE gave its five days’ notice for job action, with the possible start of a strike on Friday, November 4.,” says an OPSEU news release. “Bill 28 preemptively prohibits these workers’ right to strike, imposes massive fines, imposes four-year long collective agreements, and invokes the notwithstanding clause to preclude any legal action against Ford’s unconstitutional and undemocratic attempt at strong-arming.

The issue of the undemocratic nature of the executive branch of the government is not questioned, though. In other words, OPSEU presents Ford’s actions as undemocratic–but not the general nature of the executive branch of modern government, with its hierarchy of power and appointed positions–much like the dictatorial hierarchy that exists in employer-dominated workplaces (see Employers as Dictators, Part One).

Rosa Luxemburg, a Polish Marxist in the late nineteenth and early twentieth century, developed some points that are relevant for the issue in relation to participation in the government (rather than the participation in elections or in parlaiment or congress). From Michael Brie and Jörn Schütrumpf (2021), Rosa Luxemburg
A Revolutionary Marxist at the Limits of Marxism, page 88:

In the debate on socialist participation in government, Luxemburg established four decisive theses for her understanding of the state: (1) reforms within capitalism never transform the capitalist character of property relations so fundamentally as to bring forth elements and tendencies of a new order. Socialism cannot be ‘implemented’ as a gradual transformation, but rather must be done so by a state with an entirely socialist character. The seizure of state power by the working class is the actual goal, as this is the only way to overturn the economic order. (2) The bourgeois state is the most significant impediment to a socialist reorganisation of society. It forms the wall that must be battered down for a revolution to be initiated. (3) From the executive of a bourgeois state, only bourgeois politics can be pursued, whereas in the legislative branch, it is possible to attempt to implement social reforms while ‘simultaneously opposing the bourgeois government as a whole – something that is manifested,
among other places, in the rejection of the budget’ (Luxemburg 1979a, 485). (4) Struggling to protect bourgeois democracy and being prepared to undertake revolutionary violence go hand-in-hand.

The social-democratic or social-reformsit left, by contrast, fall all over themselves trying to elect “progressives” to government–and never question the necessarily anti-democratic nature of the exeuctive branch.

Rather, they speak like Herman Rosenfeld, when he speaks of reforming the police:

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

Compare this with what happened during the short period of the Paris Commune: police as a separate unit controlled by a central authority independently of workers, citizens, immigrants and migrant workers was abolished and a new force was created, subject to power from below. From Marx, The Civil War in France, in Marx-Engels Collected Works, Volume 22,  page 331:

The Commune was formed of the municipal councillors, chosen by universal suffrage in the various wards of the town, responsible and revocable at short terms. The majority of its members were naturally working men, of acknowledged representatives of the working class. The Commune was to be a working, not a parliamentary, body, executive and legislative at the same time. Instead of continuing to be the agent of the Central Government, the police was at once stripped of its political attributes [my emphasis], and turned into the responsible and at all times revocable agent of the
Commune. So were the officials of all other branches of the Administration. From the members of the Commune downwards, the public service had to be done at workmen’s wages. The vested
interests and the representation allowances of the high dignitaries of State disappeared along with the high dignitaries themselves.b Public functions ceased to be the private property of the tools of
the Central Government. Not only municipal administration, but the whole initiative hitherto exercised by the State was laid into the hands of the Commune.

Indeed, if a general strike did in fact arise, the issue of the organization of the police and its anti-democratic nature might have arisen as well. After all, when a general strike arises, the issue of the responsibility for public safety arises. The separation of the police as a separate force to oppress workers, citizens, immigrants and migrant workers then might arise.

Since financing both the wages demanded by the striking workers and the issue of funding of extra staff separated the two sides, the an indication of an altnerative source of revenue by shifting resources from the police to schools could at least have been highlghted.

One of the issues that arose during Covid was the abolition or defunding of the police. This too could have been raised as an issue and another spoke that revolved around the hub of a general strike.

Conclusion

The lack of criticizing of the undemocratic nature of the executive power of modern government by the social-democratic or reformist left should not come as a surprise to radicals. Like much else, the social-democratic or social-reformist left lacks any intention of criticizing its own cherished assumptions–such as the implicit view that we live in a democratic society. There is some democratic aspects, to be sure, such as elections, but they are hardly matched by the dictatorial structures and processes characteristic of both the executive branch of modern government and the power of employers at work.

The idealization of the public sector by the social-democratic or social-reformist left must be criticized at every turn. The public sector is hardly the embodiment of democracy.

Solidarity with Union Members–and an Occasion for Discussing the Limitations of Collective Bargaining: The Ontario Ford Government’s Legislation to Force CUPE Education Workers to Abandon Their Strike

The recent passing of legislation to force Ontario education workers to abandon a strike that they had not even yet started deserves to be opposed energetically. Ford, the Ontario premier, furthermore, justified the law practically by invoking the “notwithstanding” clause of the Canadian Charter of Rights. This clause involves the following:

The notwithstanding clause — or Section 33 of the Charter of Rights and Freedoms — gives provincial legislatures or Parliament the ability, through the passage of a law, to override certain portions of the charter for a five-year term. Effectively, it allows governments to pass pieces of legislation notwithstanding their potential violations of Charter rights.

The context of the legislation is the following: 

The law involving the notwithstanding clause came after Ontario’s Progressive Conservative government could not reach an agreement with the Canadian Union of Public Employees. The union has been seeking wage increases for the education workers, and indicated it would strike on Friday if an agreement was not met.

In response, Premier Doug Ford’s government pre-emptively passed a law that banned a strike, and set fines for violating the ban of up to $4,000 per employee per day — which could amount to $220 million for all 55,000 workers — and up to $500,000 per day for the union.

CUPE has said it will fight the fines, and that its job actions will continue indefinitely.

The Progressive Conservative government included the notwithstanding clause in its legislation, saying it intends to use it to guard against constitutional challenges to its strike ban. Ontario Education Minister Stephen Lecce justified its use by citing the need to keep students in school following a disruptive two-and-a-half years of learning due to the COVID-19 pandemic and its restrictions.

Now, let me state explicitly that CUPE workers deserve unequivocal support for their actions of striking despite the legislation. I, for example, went to the picket-line rally on Friday, November 4, held at the Ontario legislative buildings in support of the strikers. The number of supporters was impressive; solidarity was both evident and necessary in the face of such reactionary laws. 

However, should not the radical left, while supporting unequivocally the striking workers, use the occasion to open up discussions about the limitations of collective bargaining and collective agreements? Solidarity, yes, absolutely, but critical solidarity–not rubber-stampting solidarity–as if workers have no right to engage in criticism of what is being defended. 

Thus, at the rally, J.P. Hornick, president of the Ontario Public Services Employees Union (OPSEU), had this to say (https://www.youtube.com/watch?v=bPhQ_mo3h84&list=LL): 

Everyone from an equity-deserving group knows where this ends, and it’s not good for any of us. This is an attack on the very Constitution itself: our freedom of association, our freedom of expression. The reason that unions exist is to build worker power by allowing us to come together and bargain freely and fairly for better working conditions. Doug Ford might understand this, but he needs to know: When you punch down on a worker, you raise a movement.  

Yes, when a government tries to take away the limited power of the collective-bargaing process and the resulting collective agreement, we should indeed fight back. But we should not idealize this so-called free collective-bargaining and the resulting collective agreement. This is what Hornick does–as do many other trade-union leaders. As if the existence of a collective-bargaining process somehow magically transforms working for an employer into a free life. Collective bargaining and the resulting collective agreement limit the power of employers–but that is all. Look at a management rights clause to see what power management still has. Should it have such power? Does such power express the freedom of workers? 

I will not repeat criticisms of the collective-bargaining process and collective agreements–I have made such criticims of them in previous posts, including a relatively recent post criticiaing Hornick’s views (see May Day 2022 in Toronto, Ontario, Canada: The Case of the President of the Ontario Public Services Employee Union (OPSEU), J.P. Hornick, Part One: A Fair Contract). 

What is interesting is how the so-called radical left have merely called for support for the strikers without addressing critically the standard of “free collective bargaining.” Thus, the Socialist Project Steering Committee did not provide any criticial distancing concerning the adequacy of “free collective bargaining” in addressing workers’ continued exploitation and oppression by employers   (https://socialistproject.ca/2022/11/support-cupe-education-workers/).  It simply calls for support: 

They have received support from the Ontario Federation of Labour and a number of other unions, for a series of demonstrations, rallies and picketing. This is important and should be celebrated.

This though, is not enough. Successfully beating back Ford requires a response that must be built over time. Like the Ontario Days of Action in 1995 – a series of one day general strikes across the province, led by the OFL – there needs to be some form of wider strike action built over a relatively short period by other public and private sector unions. But this can’t happen by itself – it must be built.

How do we do this?

  • As individuals and socialists, first and foremost, engage in all forms of support for the CUPE strikers. Join the protests, pickets and demonstrations. Talk to family, friends, neighbours and organize their collective participation.
  • The provincial labour movement must create a collective strategy to build for and organize solidaristic strike actions, modelled on the one day general strikes of the Days of Action. But the infrastructure for this isn’t there yet. The union movement has to get itself into shape.
  • OFL affiliates, Unifor and other non-affiliated unions, led by education and healthcare unions should organize educational sessions for all of their locals, explaining why challenging Ford’s actions and plans are essential for our rights as workers, and why they need to engage in these actions. They should include training on how to talk with co-workers, neighbours, parents and family. During the Days of Action, many workers who supported Harris were won over to these actions by the educational work organized through the OFL and spearheaded by key affiliate unions.
  • Build similar educational campaigns in local communities of parents, students, healthcare workers, and families of patients and those in long term care facilities. Many parents are concerned about their kids’ education, but they are also aware of the cynical and cruel actions of the government. We have to win them over and engage them.

The labour and community networks need to come to the aid of the CUPE workers, and to keep the momentum going as it continues and what come after. This is not a battle that will end soon – regardless of what the government does in the next few days. Building against Ford and creating a fighting infrastructure of struggle and political understanding in the union movement, inspired by the CUPE fight will take longer, but it needs to happen.

The Socialist Project supports CUPE and all efforts to stand up to Ford and Lecce, and the economic interests behind them and the necessary and welcome campaigns to build further. •

Building towards solidarity is indeed needed–but to what end? “Free collective bargaining?” Or towards a socialist society–while also defending the freedom of workers to engage in collective bargaining? The Socialist Project Steering Committee does not even address the issue. Perhaps it believes that through such struggles, there will arise in the future a concern for challenging the limitations of collective bargaining and collective agreements. Such a future often never arrives since social reformists constantly push that issue to some vague future. When will the so-called left start questioning the sanctity of collective baragining and collective agreements (while simultaneously defending them as necessary defensive means in a prolonged struggle)? 

It is much better to unite the aim of creating a socialist society with the aim of defending the limited power that we do have while not idealizing that limited power and ascribing “freedom” to such limited power–and not wait for some distant future to count on the creation of a socialist society.

 

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

Introduction

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Conclusion

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

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

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

Academic Narrow-mindedness: A Reason for Starting a Blog, Part Two

Introduction

This is a continuation of a previous post. In a previous post, I criticized the first reviewer’s assessment of an article I had written on collective bargaining and the situation of teachers in Nova Scotia.

Before I started this blog, I had sent an article critical of the implied concept of “free collective bargaining.” The article was rejected for publication. Given that the reasons for rejecting the article seemed absurd, I decided to skip the academic process and post directly my views. This seemed all the more necessary since the journal that rejected my article is called Critical Education.

Since I believe in the politics of exposure (exposing the real nature of social processes and not the rhetoric of such processes), I thought it would be appropriate to post my proposed article, the criticisms of my article by the reviewers and my commentary on their criticisms.

The proposed article is found in the Publications and Writings link on my blog, entitled “Critique of Collective Bargaining Models in Canada.” (There is a slight difference between the article submitted to Critical Education and the one found at the link: the article submitted to Critical Education contains an abstract, which I include below, and the title of the proposed article was changed to: “A Critique of an Implicit Model of Collective Bargaining: The Nova Scotia Teachers’ Strike and a Fair Contract.” 

My Abstract or Summary of My Article

Abstract

This paper looks at Brian Forbes’ presentation of the recent Nova Scotia teachers’ strike in order to analyze critically the nature of collective bargaining in a capitalist context. Forbes shows the underhanded nature of the McNeil government’s supposed negotiations, but he implies (like many trade unionists) that collective bargaining, in its normal form, results in a fair contract. The paper argues against this view. It does so in two ways. Firstly, it looks at Jane McAlevey’s alternative method of collective bargaining. Secondly, it looks at the limitations of her method in terms of the capitalist economic structure—especially as am exploitative and oppressive structure that transforms workers into means for others’ ends. A humanist view, by contrast, requires that human beings need to be treated as ends in themselves in a democratic fashion at work. Such a view, however, is rarely discussed precisely because the rhetoric of a fair (collective) contract in the context of the collective power of employers prevents such discussion from occurring.

Key words: teachers, collective bargaining, capitalism, exploitation, oppression, strikes, justice, fairness, Nova Scotia, Jane McAlevey

The decision to reject the article as is, as well as the second review are given below along with my comments on the second review. I put the reviewer’s evaluation in quotation marks:

We have reached a decision regarding your submission to Critical Education, “A Critique of an implicit model of collective bargaining: The Nova Scotia teachers’ strike and a fair contract”. Our decision is to: Decline submission.

Three external reviewers supplied reports (see below); I have also attached the file with the marginal comments of Reviewer C.

All three reviewers see potential in the manuscript and each recommends major revisions are necessary before the manuscript is ready for publication. The comments are the reviewers are quite detailed, but in short I believe it’s fair to say they all agreed that further theorizing and deepened/more sustained analysis of events are necessary.

I hope you find the feedback from the readers helpful as continue to work on this project.

Yours truly,

E Wayne Ross
Co-Editor, Critical Education
University of British Columbia
wayne.ross@ubc.ca

Reviewer B’s Assessment and My Comments

Reviewer B:

“This manuscript makes a convincing argument that there is no such thing as a good contract because in a capitalist economy, some portion of workers’ labor will, inevitably, be appropriated by capitalists.”

That is hardly what is argued in my article. The author is probably thinking of Marx’s theory of surplus value, in a capitalist economy, where the value produced by workers is greater than the value that they receive—necessarily–if the capitalist economy is to continue to exist.

How this reviewer concludes that I make a “convincing argument” of the inadequacy of a contract due to “some portion of workers’ labor will inevitably be appropriated by capitalists” is beyond me. I explicitly wrote: ‘Of course, the purpose of the whole process is to obtain more money at the end of the process than at the beginning. The whole process would have no purpose if the money that the capitalist receives at the end of the process were the same quantity as at the beginning of the process; the capitalist system would not last very long. The continued existence of the capitalist system, then, requires that the money at the end of the process, generally, be greater than at the beginning. Where the surplus money comes from does not concern us in this essay, though.’

I did not want to discuss Marx’s theory of surplus value as such since that theory, though very important in understanding the dynamics of capitalist production, exchange and accumulation, is not the only basis for criticizing the employer-employee relation. Employees of the government (state workers) do not produce a surplus value—but they are still used as means for purposes foreign to them (see The Money Circuit of Capital). This is anti-democratic and in fact dictatorial. It treats human beings as mere things who have no or little say in the determination of the purposes of their action as employees.

The point of the presentation of the money circuit of capital is to show that human beings are means to purposes external to them in order to criticize such use in the first place. It is implicitly a criticism of such union attitudes as expressed by John Urkevich, union rep for the Association of Employees Supporting Education Services (AESES) (see Comments from John Urkevich, AESES-UM Business Agent, to my Critique of the Grievance and Arbitration Procedure: Letter to the Editor, Inside The Association of Employees Supporting Educational Services (AESES), Vol. 17, No. 4, May 1994)–a public sector union. According to Mr. Urkevich: “After all the employer only has control over the how, what, and when, it does not have the right to treat employees in an unjust or undignified manner. Employees are not chattel.” See my criticism of such a view in ( Critique of the Grievance and Arbitration Procedure: Letter to the Editor, Inside The Association of Employees Supporting Educational Services (AESES), Vol. 17, No. 4, May 1994).

The reviewer obviously missed the point of presenting the money circuit of capital and imposed his/her own assumed view of Marxian theory onto the money circuit.

“That said, issues in the manuscript start with the title: labor relations in Nova Scotia are a pretext for the text rather than its subject, and the critique is not of an implicit model of collective bargaining but of collective bargaining itself.”

True and false. It is a critique of Brian Forbes’ implicit model of collective bargaining—which is the typical model of union reps (whether explicit or implicit). A critique of such an implicit model is simultaneously a critique of the typical model. Apparently, it is too much to expect academics to understand this.

Consequently, the first clause “labor relations in Nova Scotia are a pretext for the text rather than its subject” is true, but the next clause “and the critique is not of an implicit model of collective bargaining but of collective bargaining itself” is false since the implicit model is Brian Forbes’ model, which provides an exemplar for collective bargaining itself. Variations in collective bargaining, such as Jane McAlevey’s model, although innovative in some respects, still fall within the limits of the same collective-bargaining model since her model idealizes collective agreements as well. Furthermore, her wholly inadequate solution to the problem of agency and social structure by identifying the two at the micro level of the plant level or the specific institution level leads her to idealize such contracts rather than criticizing them as completely inadequate expressions of the interests of workers (even if it is the best that can be achieved under given power relations).

“Although the title is a minor problem, it returns in the abstract., which opens with a critique of the Nova Scotia contract rather than what it is a case  and then announces something like a review of McAlevey.  At a minimum, a clearer sense of, and focus on, what the manuscript is about–the limits of even more democratic forms of collective bargaining, with much of the evidence from the author’s own experience- needs to be clear throughout.”

Let us take a look at my abstract. It reads:

‘This paper looks at Brian Forbes’ presentation of the recent Nova Scotia teachers’ strike in order to analyze critically the nature of collective bargaining in a capitalist context. Forbes shows the underhanded nature of the McNeil government’s supposed negotiations, but he implies (like many trade unionists) that collective bargaining, in its normal form, results in a fair contract. The paper argues against this view. It does so in two ways. Firstly, it looks at Jane McAlevey’s alternative method of collective bargaining. Secondly, it looks at the limitations of her method in terms of the capitalist economic structure—especially as am exploitative and oppressive structure that transforms workers into means for others’ ends. A humanist view, by contrast, requires that human beings need to be treated as ends in themselves in a democratic fashion at work. Such a view, however, is rarely discussed precisely because the rhetoric of a fair (collective) contract in the context of the collective power of employers prevents such discussion from occurring.’

The structure of my proposed article is:

Introduction (not an explicit section with that title, but it is implied)

The Resistance of Teachers to the High-handed Methods of the McNeil Government and of the Provincial Executive

Jane McAlevey’s Alternative Approach to Collective Bargaining

The Limitations of McAlevey’s Approach to Collective Bargaining

Practical Considerations

Theoretical Considerations: Limited Standards of Fairness versus Human Standards of Fairness

Conclusion

I organized the presentation in an ascending order of forms of collective bargaining, from the least positive form of collective bargaining (the McNeil Government’s underhanded method of collective bargaining) to more adequate forms of collective bargaining (Brian Forbes’ implicit model, which is the typical model), to Jane McAlevey’s innovative model, in order to show, on the one hand, that there are indeed better and worse ways of engaging in collective bargaining from the point of view of the working class—but that collective bargaining even in the form of McAlevey’s model is wholly inadequate. The inadequacy of even McAlevey’s approach to collective bargaining is broken up into practical limitations and theoretical considerations. The practical considerations involved a comparison of a collective agreement under which I worked as a brewery worker in the early 1980s with the idealized collective agreement that Ms. McAlevey negotiated. Her persistent reference to the collective agreement as a “good contract” is typical of social-reformist leftists, and this is the implicit target of the article. The idealization of unions and collective bargaining needs to be criticized, and this reviewer generally fails to understand that.

As for my personal experiences—I intersperse them throughout the article as occasion and relevance arises. The underhanded way in which the McNeil Nova Scotia (located in Canada) government tried to subvert the traditional collective-bargaining process was similar to Winnipeg’s (Manitoba, Canada) mayor Susan Thompson attempt to subvert the traditional collective-bargaining process. My reference to Paul Moist, one time head of the Canadian Union of Public Employees union outside workers in Winnipeg (and, eventually, the national head of that union—one of the largest unions in Canada) d his use of the cliché “A contract is a contract” is meant to highlight how union reps assume that the basis for relations between humans must be in the form of a contract.

It never ceases to amaze me how little thought is given by academics (and others) about the legitimacy of the employer-employee relation. I have found, personally, that unions are necessary but by no means sufficient for expressing my own interests. I have belonged to several unions in my life, and all of them have assumed the legitimacy of that relation in one way or another. That academics fail, theoretically or practically (or both) to seek to go beyond such relations by creating all kinds of subterfuges should no longer be surprising, however. Most lack any burning desire to have exploitation really stop. They may pay lip-service to the abolition of exploitation, but their own practices (and often their own writings) belie such lip-service.

Is there really any wonder why I stopped trying to write for so-called peer-reviewed journals and started this blog? Often, for an article to be accepted it is necessary to alter substantially the content of an article to accord with the demands of the academic reviewers. There is no point in trying to please such reviewers—to do so is not in the interests of the working class. Quite to the contrary. Reviewers are unlikely to be concerned with such interests and thus to fail to understand the point of an article that addresses such needs. It is in the interests of the working class to oppose being used as means for the employers’ ends, but unions have no intention of pursuing such opposition. The limitations of collective bargaining and collective agreements express the limitations of unions in relation to the working class, but it is highly unlikely that academic reviewers will understand that.

“The manuscript does a nice job analyzing elements of McAlevey’s argument and acknowledging the benefits of a more empowered rank and file, but at crucial junctures the manuscript was not persuasive. The author makes a brief and, in my view, inadequate case for the essential similarity of private and public sector workers. After rightly acknowledges that capitalism sets limits on the contract because pay has to be less than the value of what is produced,”

Again, this is an imposition of the reviewer’s reading on what I wrote. I specifically wrote the following:

‘If we ignore the exchange process, we have the following: M1 … P … M2. Here, it is clearly seen that the production process is a means for obtaining more money. Since workers are part of the production process, they too are means for obtaining more money—even if they are organized collectively and act militantly. Being used as a means so that others can obtain more money is not an expression of a just and moral society, where human beings are agents of their own social structures and relations. Rather, it expresses a society that treats human beings as things to be used for the benefit of others obtaining more money.’

The issue is the context of criticizing McAlevey’s claim that the relation between agency and structure is solved when the whole set of workers is organized—structure then melds into agency and agency into structure. The money circuit of capital shows that this is a wholly inadequate solution to the problem; agency must address the macro level if the workers are going to become agents of their own lives. The issue of whether the “pay has to be less than the value of what is produced” is not addressed at all. More money (M2) than M1 is characteristic of capitalist relations, but then so too is the use of workers as means to obtaining more money. The issue of exploitation is a related but separate issue. If, for example, M1 and M2 were the same, workers would still be used as means—but in this instance the employer would have no incentive to do so.

“the author then treats teachers as deserving unlimited resources.”

What nonsense. This reading illustrates once again the limited nature of academic reviews. Where did I imply that ‘teachers deserve’ “unlimited resources?”

“A much more developed theory and analysis of schooling in of the capitalist state is needed.”

I agree with this assertion. Two points can serve as a response. Firstly, peer-reviewed journals limit necessarily the extent to which authors can elaborate on certain points through a limitation on the number of words that an author can compose. In the case of the journal Critical Education,the limit: “Critical Education typically reviews manuscripts that are between 4,000 and 8,000 words in length.” To enter directly into the question of the “theory and analysis of schooling in the capitalist state” when the issue is the limitations of collective bargaining would be impossible.

Peer reviewers can thus use the impossibility of addressing all relevant issues as an excuse for criticizing what would be needed in a more well-rounded and fuller discussion.

Secondly, it is obvious that Marx’s theory of capital is the beginning of such an analysis and requires elaboration in relation to the specifically capitalist state. I mention taxes in relation to the capitalist state and imply that a further analysis of the capitalist state would benefit from a consideration of taxes. Jack Barbalet refers to the relevance of taxes, the state debt and finance capital for Marx’s theory of the capitalist state in his Marx’s Construction of Social Theory as does Ingo Stützle in Staatsverschuldung als Kategorie der Kritik der politischen Ökonomie. Eine Forschungsnotiz. However, I definitely do not have the theoretical background as yet (if ever) to discuss adequately the nature of the capitalist state and its relation to schooling.

Such work, as Hegel once pointed out, requires time, as a new theory or principle needs to be worked out in detail.

In any case, although it is true that, for a fully developed criticism of the capitalist state and schooling, it would be necessary to delve into and analyse the capitalist state and its relation to schooling, for the purposes of the essay, such a demand is absurd given the imposed limitations of the journal itself. 

“Moreover, the focus on class size (rather than, say, wages) suggests that teachers’ self-interest will inevitably align with children’s or public interest.”

This is absurd. I chose class size to illustrate—the limitations and inadequacy of collective bargaining in relation to the working conditions of teachers. Here is what I wrote:

‘In relation to teachers as employees, the purpose of a teacher’s work, just like the work of nurses and other public-sector workers, is not defined by those teachers. Teachers certainly can choose how they teach in many ways (pedagogy has come a long way), but there are many areas in their work that can be addressed only to a limited extent, if at all, at the level of collective bargaining. For example, the issue of class size can be and has been addressed at the level of collective bargaining. Can the results of collective bargaining over this issue adequately address the needs of increasingly diversified student populations?

It is useful to compare a fairly homogenous student population–the students in the Dewey School in Chicago between 1896 and 1904—with this situation. After three years of functioning, as an experimental school, the School had 125 students, with fifteen full-time staff and 16 assistants (the assistants’ hours varied from half an hour to three hours a day (Camp & Mayhew, 1936/1966). If we take the average number of hours of these assistants, based on the minimum and maximum number of hours they worked per day, they worked an average 1.75 hours per day (.5+3)/2=1.75). If we assume a work day of 5.25 hours per day, then roughly there were five full-time equivalent assistants per day. Consequently, there were 21 adults working with 125 students—an average of about six children per adult; class size was definitely limited. Has any collective agreement in Canada for public teachers come close to such a class size?

Rather than addressing the need to reduce class size to a level required to address adequately the needs of individual students, teachers are expected to differentiate instruction. Of course, trying to address the needs of 20 or 30 children or adolescents based on differentiated instruction increases the workload of teachers. If class size decreases to a limited extent due to collective bargaining, often enough, the workload increases in other areas in order to compensate for such a reduced class size.’

I compared the typical class size of teachers in public schools with the class size in the Dewey School, where the class size in relation to the number of adults was substantially lower. I pointed out that collective bargaining over class size has not been able to limit the class size to the extent found in the Dewey School. I imply that children’s learning needs require a relatively high adult-to-pupil ratio, but collective bargaining has never been able to address this issue adequately. That teachers are interested in class size and yet cannot address adequately that working condition within  the confines of collective bargaining provides an illustration of the limitations of collective bargaining.

By the way, the reviewer’s concept of “public interest” is pure abstraction—as if there were some independent public interest that can be identified independently of class relations.

“In this, the manuscript treats kids more or less like the hops in the beer the author made.”

This is not only absurd, but it is insulting. How do I treat kids “more or less like the hops in the beer the author made?” Where do I do this? I guess it is treating “kids more or less like the hops in the beer the author made” to imply that collective bargaining cannot address adequately a reduced class size—and that is one of the conditions that children require to learn adequately—not just “differentiated instruction.”

I did not bring the salaries or wages of teachers into the picture because I wanted to illustrate the limitations of collective bargaining. Teachers’ salaries are relatively high absolutely when compared to the salaries or wages of lower-level workers (I was earning, gross, around $85,000 a year), but what would have to at least be factored in is the number of hours that teachers actually work and not the number of hours they officially work. From my own experience, I know that teachers work much longer than the official number of hours. I used to get to school around 7:15 in the morning (classes started at 9:00). My lunch hour had students in the classroom while I ate. I often stayed until 4:30 or 5:00 in the afternoon and worked at home afterwards. The higher salaries reflect in part, the longer working day of teachers. Undoubtedly other factors may also partially explain the relatively higher salary of teachers , but the focus on salary would detract from the limitations of collective bargaining in relation to the working lives of teachers as teacher-employees.

“Or to put it slightly differently, one would not, I think, say that the police controlling all conditions of their work in the colonized communities of the poor is self-evidently good.  Teachers have often been among those advocating corporal punishment in schools and the removal of difficult children. Why does teachers’ control of their work equate with the greater good?”

Note how the reviewer now shifts to an isolationist or micro position in order to argue against worker control (including teacher control) of their work. My assumption was that in a socialist society worker control would extend across the public and private sectors; such a situation would prevent teachers from being used as mere means for purposes foreign to their own lives. Motivations for engaging in teaching would likely change, and advocacy for corporal punishment would likely diminish substantially. If the children in schools were adequately cared for, so-called “difficult children” would be diminished.

The reviewer tries to engage in moral superiority. Obviously, this reviewer claims to disagree with corporal punishment—in schools. What does the reviewer do in relation to the corporal punishment characterized by parents? S/he fails to mention this at all and the role courts have played in perpetuating the physical abuse of children (see my own personal experience in, for example, the following post  A Worker’s Resistance to the Capitalist Government or State and its Representatives, Part One) as well as the summary of some of the physical abuse experienced by my daughter by her mother in the second part under the same name–part two). S/he also fails to address the impact on the behaviour of adults towards children of a kind of society where there is a market for workers—and that includes teachers. S/he also fails to address the imposition of a modern curriculum at the elementary level that focuses on symbolic learning (reading and writing) at the expense of children’s active interest in the world around them (including social life). My reference to Dewey was hardly accidental; Dewey criticized severely the lack of consideration of the specificity of children and their existence as living beings in schools. The Dewey School was meant to address many of these inadequacies by focusing on the production and reproduction of the common needs of human beings from a geographical and historical angle—and the accompanying intellectual development that that entails.

As for the reference to the police–I hardly idealize the police (see my post Socialism, Police and the Government or State, Part One).

The reviewer’s implied concern for children may or may not be true, but to try to impose her/his own agenda without any real basis further weakens the objectivity of her/his own review.

If work were organized democratically, the work would also change. The concept of “difficult children” might well vanish.

Of course, under existing conditions, some teachers do advocate for corporal punishment and want to have difficult children removed from their class. And? The reviewer is trying to argue from a position where teachers lack control over their own working lives in general in conjunction with all other workers.

I hardly idealize the current social situation in the proposed article, nor do I idealize teachers. Quite to the contrary. In other articles that I have written, I have implied that teachers largely accept the curriculum as specified by departments of education and fail to criticize the content and structure of the curriculum (see some of my articles in the Publications and Writings link). Furthermore, having been the chair of the Equity and Social Justice Committee for Lakeshore Teachers Association, I tried to widen the issue to include the employer-employee relation as such (among other issues). I tried to generate discussion among the other chairs of Equity and Social Justice Committees, but the only response was an insult, where one chair called my views asinine since, according to him, I was claiming that teachers did not address social-justice issues in the classroom. Of course, I was trying to have the teachers redefine what was meant by social justice—a redefinition that would involve the wider issue of the kind of society in which we live and work. Other than that response, the chairs remained silent over what I wrote. I am well aware of the limitations of teachers’ points of view.

“One could answer this question in a number of ways; one way or another, it is a question that needs addressing.  If they had the freedom to do so, teachers, the author seems to suggest, would reject their role as part of the ideological state apparatus.  Why?”

Why would I want to address this issue in this article? Are there not many issues in the world that need to be addressed? I was not addressing the issue of “teachers” only since the freedom of control over our working lives is hardly limited to teachers, and the limitations of collective bargaining and the collective agreement are hardly limited to teacher unions.

“Similarly, the relationship of teachers’ workplace concerns to those of the working class as a whole.”

I was trying to address this issue indirectly by showing the inadequacy of collective bargaining in general. My reference to class-size and the inadequate way in which collective-bargaining addresses the issue points in this direction—but the reviewer, rather than recognizing this, accuses me of idealizing teachers. Such is the nature of reviewing and an underhanded way of rejecting articles that contradict the point of view of the reviewer,

“The author makes many points which seem to me valid: no doubt unions generally do not educate members and collective bargaining has its limits. I am not suggesting different conclusions in the essay. Rather, the stances the author takes need more development.”

My view is that, on the one hand, many of the the reviewer”s criticisms are invalid and, on the other, when her/his views are valid, s/he is asking for the impossible—to deal adequately with everything brought up would go far beyond the limits specified by the journal Critical Education. According to the journal: ‘Critical Education typically reviews manuscripts that are between 4,000 and 8,000 words in length.’

“On p. 14 the analysis of different pay scales was a bit confusing.”

Perhaps, but without further elaboration, it is impossible to determine why the reviewer believes that.

Conclusion

When a writer submits an article for possible publication, it is to be expected that revision will likely be necessary. There is, however, a difference between the need for revision and the requirement that the writer submit to the point of view and experiences of the reviewer.

I have had several articles published (see Publications and Writings section of this blog). I have had to revise each submission, and I have learned to accept this as a normal part of the publication of articles. However, I found the criticisms of the reviewers to go far beyond what the role of reviewers should be. As a consequence, I started this blog as a way of expressing my own point of view–without censorship.

Writing articles in peer-reviewed journals are inadequate for expressing issues of concern to the working class.

I will be posting, in the future, a final post concerning Reviewer C’s review of my submbitted article.

Exposing the Intolerance and Censorship of Social Democracy, Part One: The Working Class, Housing and the Police

Introduction

From around February 20 until May 23, 2021 I belonged to an organization in Toronto called Social Housing Green Deal. The organization came to my attention when one of my friends on Facebook invited me to join.

The reason why I joined is that it is involved in a movement for defunding (if not abolishing) the police. I thought that perhaps I could participate in such an organization and contribute by expressing my own point of view. I was wrong.

The following outlines how I actually started participating in the organization and how such participation led to the practical censorship of my views through both actual censorship and the possible manipulation of protocols used for general meetings.

My conclusions about the efforts of this group, at least in relation to defunding the police (and abolishing it) is: it will not be very effective. Its characteristic lack of critical spirit will result in an incapacity to determine what really is required to defund and abolish the police. Its lack of willingness to critically analyze other organizations’ statements will undoubtedly contribute to that incapacity. Finally, its probable use of control over protocols to silence others expresses as well an incapacity to engage in self-criticism–a basic condition for any political advance.

I wish I were wrong, but given their collapse of strategy into tactics and their lack of a critical spirit–my prediction will probably come true. In May 2022, it will be interesting to see whether the social-democratic left has managed to defund the police to any great extent in Toronto. I doubt it.

I believe that Meursault, the protagonist of the existential writer Albert Camus, in his book “L’Etranger (The Outsider in English) sums up my conclusions concerning this organization:

 J’avais eu raison, j’avais encore raison, j’avais toujours raison. [I had been right, I will still right, I was always right.

It is necessary to critique the social-democratic left from the outside since they will try to take measures to stifle dissent from their dogmas. I will elaborate on this assertion in a future post. 

Joining the Group

To join the group, it was necessary to answer why you wanted to join. Anna Jessup is the moderator and administrator. Ms. Jessup asked the following question on February 17, 2021:

Hi Frederick.  Before I add you to our group tell me a bit about yourself.  What made you want to join?
 
Anna

Here is how I responded on February 18, 2021:

Hello Anna,
 
  1. We have met before–at ETTO, I believe, and at Black Creek Community Farm, where, unfortunately, a list of things to be done were itemized but, as far as I know, nothing came of it.
  2. The question, perhaps, is meant to ensure that right-wing people do not attend.
  3. To answer the question properly would involve much personal information and history, and I am uninclined to share that at this time.
  4. I could, as well, ask what the purpose of the group is; I am somewhat reluctant to get involved in organizations that are purely reformist in nature.
  5. To be more specific: Why do I want to “participate?” Because the police are a central feature of a society dominated by a class of employers. They are central to the reproduction of a social order that treats human beings as things to be used by employers.
  6. I have a blog (the abolitonary.ca–although I do not think it is accessible only via that URL, but you made try if interested.) I have posted five posts with the title “Reform versus the Abolition of Police,” and I argue for the abolition of police.
  7. I will be posting a sixth post on Friday concerning the relation between police and unions (not police unions), where I use an article that tries to show that unions function to protect workers by limiting their exploitation (defensive mechanism) but simultaneously function as ideological organizations to integrate workers into the class system of employers.
  8. James Wilt, in Canadian Dimension, argued for the abolition of police whereas Herman Rosenfeld argued for their “transformation.” I criticize severely Mr. Rosenfeld’s view, arguing that his claim that Mr. Wilt engages in sloppy thinking in fact applies to him.
  9. I will be drafting a critique of Harry Kopyto’s critique of Mr. Rosenfeld’s claim that the police can somehow be reformed–and then concedes way too much by claiming that Mr. Rosenfeld is however correct to argue for “reforms” “in the meantime.” This is a social-democratic trick of putting off forever the aim of abolishing the police. Of course, the police cannot be abolished all at once, but the aim of such abolition should always be present–and accepting reforms for the moment when there is insufficient power but always pressing for the abolition of the police. 
  10. My purpose of “participating” in the zoom conference is really to listen–nothing more, for now (perhaps I can learn some things). I have experienced insults from “the left” here in Toronto–“condescending prick” from Wayne Dealy, executive director of CUPE 3902, and “insane” from Errol Young, of JFAAP. I am undoubtedly considered by some among the left as “sectarian”–but they do not seem to want to engage in any kind of debate on my blog concerning issues that I have raised. 
  11. I self-identify as a Marxist.

    Fred Harris

Ms. Jessup responded as follows, on February 20, 2021:

Yes Fred, I remember you.  I respect your Marxist analysis and certainly wish to apply such an analysis to on-the-ground work. 
 
One complication I ran into with our previous work, was that your posts ignited more discussion than I had the time or resources to moderate.  
 
Are you willing to avoid debate on this google group, and simply use it as a way to receive information about upcoming meetings and events?
 
Anna

I responded on the same day as follows:

Hello Anna,
 
I was going to participate at least to a  minimum degree at first, but given the email, I will not even do that. I will limit myself to listening and taking notes.
 
Fred

Being Drawn into Participation 

 
The same day I received the following message: 
 
The link to the meeting will come to you by email a few minutes before 3PM today.
Hope to see you all there.
 
Anna
The important point in the above message is that the zoom “link to the meeting will come to you by email before 3PM.” This is relevant for what happened on May 23, 2021.
 
On February 21, 2021, I wrote the following: 
 
Hello Anna,
 
I am copying below part of a post from my blog that may be relevant to the discussion yesterday–namely, the creation of protective teams, which I believe is a better approach than relying on pressuring council members to vote for defunding the police (until there is sufficient power on the ground).
 
Feel free to use part or all of it–or not.
 
Fred
What I sent Anna was a large part of the post on alternatives to policing (see  Reform versus Abolition of Police, Part Four: Possible Alternatives). 
 
Ms. Jessup’s response was: 
 
Wow, what a great read.
 
I will post it if that’s alright.  I’ll cut out the criticism of Herman as I don’t want to make my friends defensive. 
 
I will post it on our Facebook group. 
 
Very glad I read this.  Thank you.
Ms. Jessup then sent a quest to have what I wrote put up on the organization’s website–which it was.
 
Being drawn into the organization, I started sending recommendations for reading, and in the process expressed some of my own views. On March 10, 2021, for example, I sent the following:
Hello Anna,
 
Attached is another open text document file, this time relating the police to the emergence and maintenance of capitalism. It is, as I indicate in the text, a series of short comments followed by many quotes from the book by Mark Neocleous (2000), The Fabrication of Social Order: A Critical Theory of Police Power.  I will be posting this in the future on my blog. Again, feel free to do anything you want with part or all of it or anything at all.
 
Fred

Ms. Jessup’s response on March 11, 2021:

Thank you!

On April 3, 2021, I sent the following, along with the documents:

Hello Ana,
 
I am attaching two items. The first is a document recommended by SURJ  [Showing Up for Racial Justice] that I received recently, “Building the World We Want: A Roadmap to Police Free Futures,” assembled by Robyn Maynard, graphics by Sahra Soudi. In the document, there is much about defunding the police (much less about its abolition), and very little about the kind of society that the police protect. It is my view that unless the two are connected, it is highly unlikely that the police will be defunded/abolished on a permanent basis since, as I tried to show in the quotes from the book by Mark Neocleus (The Fabrication of Social Order: A Critical Theory of Police Power) and my short comments, the emergence of the modern police and the emergence of a society dominated by a class of employers went hand in hand. 

Hence, the second document is from my blog, quoting from Elizabeth Anderson’s book on the nature of employment relationship: what, in effect, the police protect, is a dictatorship.

Feel free to edit it any way you want.
 
Fred
Ms. Jessup, on April 5, 2021, responded (edited to omit personal information that I should respect): 
Thank you so much.  I’ll need time before I can get to it … But it is very nice to get an email about something positive!
The second document is from my blog:  Employers as Dictators, Part One.
 
On April 6, 2021, Ms. Jessup added: 
 
Good reading.  Thank you.  I have added the Maynard piece to our group’s resource folder.
 
Out of curiosity, in your piece, which I enjoyed, why did you characterize totalitarian aspects of our society as communist rather than simply as totalitarian?
To which I responded on the same day:
 
Hello Anna,
 
To answer your question concerning communist vs. totalitarian: It was not I but Elizabeth Anderson who made a parallel between the dictatorship at work and a communist dictatorship.
 
I believe it was an astute tactic on her part. Many Americans undoubtedly still equate the former Soviet dictatorship with communism. To make a parallel with this former dictatorship may shock many Americans (and undoubtedly many Canadians and Europeans), but it also resonates with their experiences at work. It may thereby create an opening–by creating a contradiction in the readers’ point of view–for discussing the issue of just how democratic the U.S., Canada, Europe, Australia, New Zealand, England, etc. are. Such discussions are sadly lacking in the labour movement in general and the union movement in particular.

 On my blog, I have systematically tried to exhibit the dictatorial nature of employers even in unionized settings via the implicit or explicit management rights that employers have. I have also tried to expose how unions not only fail to address the dictatorial power of employers but serve, through their rhetoric of “fair contracts” and the like, as ideologues of employers. For example, I searched for the expression “fair contract,” “fair deal,” and similar expressions on the Net for CUPE–the largest union in Canada. I quoted 10 different CUPE sources using such ideological rhetoric.

I will be posting, in the future, a similar post on the second largest union in Canada, this time in the private sector, Unifor. 
On April 6, 2021, I received an email indicating that we would have a zoom meeting the following day (April 7), with a zoom link (so that we could video conference). It was to be at 7:30 p.m. rather than the usual 3:00 p.m.: 
 
At that meeting, the eviction of a father with his children was discussed, with twenty-three police cars showing up in Toronto.  I suggested that we need to try to connect this incident with larger issues (the micro with the macro). Ms. Jessup suggested that I do that. I stated that I would do that if someone else would jointly work on it since I lacked the specific details. There was silence.
 
As a consequence, I decided to draft something on my own that would connect up the micro with the macro, starting with the micro and linking it up with wider and wider issues. I did some research to familiarize myself with some writings on the subject of housing as well as to gain a more concrete understanding of the specific incident.
 
As a result, I wrote to Ms. Jessup, on April 15, 2021, I sent the following to her, with the subject heading “Write up: A Critical Analysis of the Life Situation of the Working Class in Relation to Housing and the Police—and What To Do About It.” 
 
Hello Anna,
 
Attached is a draft on some thoughts about the relationship between left-wing activism and the situation of the working class and what can be done about it–by linking short-term problems with long-term goals. 
 
If you or anyone else has any criticisms or suggestions, feel free to make them. I am all ears.
 
Fred
The draft follows. It is quite long (13 pages in draft form). The last part I copied from the page from this blog The Money Circuit of Capital, so I will omit that part. 
 

A Critical Analysis of the Life Situation of the Working Class in Relation to Housing and the Police—and What To Do About It

Introduction

I have been accused, among union circles, of being condescending. However, if by condescending is meant questioning actions that do not lead to goals that I believe are worth pursuing, then I admit to be condescending.

Some may consider the following to be academic. However, I have had some experience with activism. For example, in the early 1980s, when I worked at a brewery in Calgary, I refused an order by supervisors and justified my refusal by stating that I had nothing but contempt for capitalists and their representatives. I was sent home on two consecutive nights. When the union president and the bottling manager met to discuss the issue, the bottling manager stated: “Do you know what that Marxist son of a bitch said?” We workers won this particular battle—the order was cancelled. That, of course, did not mean that we had won the war.

I would appreciate criticisms and suggestions for improvement in what follows, both in terms of accuracy and in terms of arguments.

Immediate Incident as an Occasion for Grassroots Activism

On Good Friday, April 2, 2021, 23 police cruisers showed up at 33 Gabian Way, which is a 19-story building owned by Vila Gaspar Corte Real Inc., or Villa Gaspar Corte Real Non-Profit Housing Inc. (there is some inconsistency in spelling the company).

The building is a combination of rental and social housing, built in 1993. There are 248 residential units. Apparently, the building is linked to Project Esperance, which is a non-profit registered charity. It services 111 units of from one- to three-bedroom units. Rents are geared to income.

According to the police, there were so many police present in order to remove a large number of protesters. The facts speak otherwise.

There were indeed protesters; they were protesting the eviction of Alex, a father of a one-year old and a six-year child. Alex had made arrangements with the landlord to pay rent arrears by March 29. Alex had managed to obtain the money to pay the rent, but a sheriff’s officer showed up to evict him on April 2, without warning. He left the apartment with his two children, but he returned to obtain his possessions. The police showed up and forced their way into the apartment.

The police denied that they were there to enforce the eviction—but if that were the case, why did they force their way into the apartment? Furthermore, one police officer claimed that the police had a court order for eviction and that they were there to evict Alex.

Due to the resistance of neighbours and supporters, Alex was not evicted.

This incident has several aspects to it. Firstly, immediate organized resistance to those with power and wealth can be effective in the short-term. Secondly, when there are supporters for those who are to be evicted, it is likely that the police will show up—in force.

Thirdly, and something that was not emphasized in references to the incident, it is sheriff’s who have the legal right to evict a tenant (with the assistance of police if the sheriff believes there will be trouble), and they need not inform the tenant when they are coming, as the website Steps to Justice: Your Guide to Law In Ontario points out (https://stepstojustice.ca/questions/housing-law/what-happens-if-theres-eviction-order-and-i-dont-move):

After the Landlord and Tenant Board makes an order to evict a tenant, a court official called the Sheriff is in charge of enforcing or carrying out the order.

If you have not moved out by the date the eviction order says you must move, the Sheriff can make you leave and let your landlord change the locks.

Only the Sheriff is allowed to physically evict you

The law does not let your landlord, a private bailiff, or a security guard physically evict you or lock you out. Only the Sheriff can do this. The police can’t evict you either but the Sheriff can ask the police for help if the Sheriff thinks there might be violence.

You can get evicted at any time of year

Many tenants believe that the law does not allow evictions in the winter. That is not true. The Sheriff can enforce eviction orders at any time of year.

The Sheriff does not have to tell you when they are coming to evict you

If you have an eviction order against you, the Sheriff could come to change your locks on any weekday after the date the Board ordered you to move out.”

The issue of the power of sheriffs to evict links up to the more general issue of the modern property system and the aims of those who engage in resistance to evictions (and other forms of resistance involving law-enforcement officers).

Fourthly: What was the aim of the supporters and neighbours? To prevent the eviction, evidently. It worked. It is a short-term victory, however. There will be other evictions, and other evictions, and other evictions. This issue can be looked at from a number of angles.

Strategy and Tactics

The left here in Toronto and elsewhere frequently collapse strategy and tactics, in effect advocating only tactics. This leads nowhere except the perpetuation of the problems and the constant need to resist and to struggle—without any realistic hope of resolving the conditions which constantly generate the problem. This does not mean that reforms should be thrown out of the window. It does mean, however, that activism that stays at the level of tactics will never address the more profound causes of the immediate problems. Robert Knox (2012) addresses this problem in his article titled “Strategy and Tactics.” in pages 193-229, The Finnish Yearbook of International Law, Volume 21, writes, p. 205:

only tactical interventions occur, which are then branded as strategic interventions, foreclosing the possibility of an actual strategic intervention.”

What is the difference between strategic interventions and tactical interventions? The difference has been specified in terms of war as follows (pages 197-198):

Carl von Clausewitz, one of the most influential exponents of modern military theory, defined strategy as:

[T]he use of the engagement to attain the object of the war … It must therefore give an aim to the whole military action. Its aim must be in accord with the object of the war. In other words, strategy develops the plan of the war, and to the aforesaid aim links the series of acts which are to lead to it; that is, it plans the separate campaigns and arranges the engagements to be fought in each of them.

Strategy is – in essence – how it is that one would fight and win a war: connecting the various individual battles together so as to achieve this broader objective. In contradistinction to this is tactics, which is concerned with smaller and shorter term matters. Tactics are concerned with how to win the individual battles and engagements of which the war is composed.

If we wish to translate this metaphor into more general terms, we might say that strategy concerns the manner in which we achieve and eventually fulfil our long term aims or objectives, whereas tactics concerns the methods through which we achieve our shorter term aims or objectives. The obvious conclusion here, and one that will be important to bear in mind throughout this article, is that when we talk of ‘pragmatism’ or ‘effectiveness’ it need not be referring to only the immediate situation. As will be explored more fully below, any tactical intervention will also have strategic consequences. This means that when thinking about effectiveness, it is necessary to understand the inherent relation between strategy and tactics. In so doing, the distinction allows us to consider how effective particular (seemingly ‘short term’) interventions might be in the longer term.

If evictions are going to be stopped permanently, then immediate forms of resistance and immediate actions need to be linked to that goal—not just to incidents of crisis as they arise.

Nothing Fails Like Success

This is a take on the title of chapter one of Jeremy Reiman’s and Paul Leighton (2017), in The Rich Get Richer and the Poor Get Prison: Ideology, Class, and Criminal Justice; that title is “Nothing Succeeds Like Failure.” They argue that the police and prisons fail to reduce crime rates and, in their failure, perpetuate their own need or existence. Page 45:

“Failure is, after all, in the eye of the beholder. Here lies the key to understanding our failing criminal justices ystem: The failure of policies and institutions can serve vested interests and thus amount to success for them!

If we look at the system as “wanting” to reduce crime, it is an abysmal failure that we cannot understand. If we look at it as not wanting to reduce crime, it’s a howling success, and all we need to understand is why the goal of the criminal justice system is to fail to reduce crime. If we can understand this, then the system’s “failure,” as well as its obstinate refusal to implement the policies that could remedy that “failure,” becomes perfectly understandable. In other words, we can make more sense out of criminal justice policy by assuming that its goal is to maintain crime than by assuming that its goal is to reduce crime!”

Leftist activism, similarly, but from the opposite end, by succeeding in short-term tactics, perpetuates its own constant need to engage in activism—activism for activism’s sake. It may make those who engage in such activism feel useful, but it fails to address the need to incorporate a strategic approach into activism. If activism succeeded in eliminating the need for activism, it would eliminate itself. This is one reason why strategy is collapsed into tactics—it permanently perpetuates the need for activism. Its short-term successes guarantee the continued need to engage in—short-term tactics.

The Bad Infinite

We can give this problem a philosophical turn. G.W.F. Hegel, a German philosopher, criticized the theoretical equivalent of this view in the following terms of the “bad infinite”–an infinite that never reaches an end (from The Encyclopaedia Logic, page 150:

“A limit is set, it is exceeded, then there is another limit, and so on without end. So we have nothing here but a superficial alternation, which stays forever within the sphere of the finite. If we suppose that we can liberate ourselves from the finite by stepping out into that infinitude, this is in fact only a liberation through flight. And the person who flees is not yet free, for in fleeing, he is still determined by the very thing from which he is fleeing. So if people then add that the infinite cannot be attained, what they say is quite correct….”

The bad infinite never reaches any end since it presupposes the general context that generates the particular or specific problems will continue to exist. To go beyond the bad infinite requires questioning that context—and hence developing a strategy designed to specify the problem at the general level while simultaneously addressing more immediate problems in such a way that successes feed into the resolution of the problem at the more general level.

Housing and Capitalism

Houses and housing form a central aspect of capitalist society. This has been noticed since the World Economic Crisis of 2007-2008. Wolfgang Streeck (2016), in his book How Will Capitalism End? Essays on a Failing System, argues that there have been four crises of democratic capitalism since the last world war:

“With the crash of privatized Keynesianism in 2008, the crisis of postwar democratic capitalism entered its fourth and latest stage, after the successive eras of inflation, public deficits and private indebtedness (Figure 2.5). With the global financial system poised to disintegrate, nation states sought to restore economic confidence by socializing the bad loans licensed in compensation for fiscal consolidation. Together with the fiscal expansion necessary to prevent a breakdown of the ‘real economy’, this resulted in a dramatic new increase in public deficits and public debt – a development that, it may be noted, was not at all due to frivolous overspending by opportunistic politicians or misconceived public institutions….”

Monetary instability (inflation), unemployment, public deficit spending and indebtedness followed by a shift to private indebtedness and deregulation of credit (and austerity measures) led to a bubble in housing prices and to speculative credit extended to those unlikely to be able to pay for mortgages once interest rates rose or they became unemployed. Of course, the crash of 2007-2008 increased public debt several fold and the pandemic has done the same.

Housing, Capitalism and the Police

Brendan Beck and Adam Goldstein (2017), in their article “Governing Through Police? Housing Market Reliance, Welfare Retrenchment, and Police Budgeting in an Era of Declining Crime, argue somewhat differently from Reiman and Leighton—though both arguments may complement each other.

They note, like Reiman and Leighton do, that crime rates have generally declined since the 1990s. On the other hand, police budgets have generally blossomed. They explain this general increase in municipal police budgets because of the increased centrality of real estate in the city economy. Page 1183:

“One key puzzle is why penal state growth continued unabated long after crime levels peaked in the early 1990s. We focus on local policing and consider the relationship between growing city-level law enforcement expenditures and two shifts: first, the move toward an economy increasingly organized around residential real estate; and second, city-level welfare retrenchment. We argue that increasing economic reliance on housing price appreciation during the late 1990s and the 2000s heightened demand for expanded law enforcement even as actual risks of crime victimization fell. At the same time, cities increasingly addressed social problems through criminal justice—rather than social service—capacities.

As homes became a vehicle for workers to not only live but also to obtain some security with rising house prices, their interests in maintaining the price of the house increased. This interest has spilled over into support for policing efforts (however ineffective) that contribute to the maintenance of the prices of housing and land. This spillover, in turn, has racist implications since concentrations of coloured and minorities are perceived by homeowners as threats to property prices—but there is counterevidence that in the case of the Latino population there is no such perceived threat. Page 1186:

Thus, the threat theory hypothesizes that investment in police forces (per capita force size and/or expenditure) will be positively associated with racial minorities’ share of the local population, net of crime rates. Studies have consistently found support for this hypothesis (e.g., Carmichael and Kent 2014; Jacobs and Carmichael 2001; Kent and Jacobs 2005; McCarty, Ren, and Zhao 2012; Sever 2003; Vargas and McHarris 2017). In fact, the percentage of black residents typically appears as one of the single most significant predictors in models of city police strength. However, recent studies find no evidence of a similar positive association between the percentage of Latino residents and police strength, neither cross-sectionally nor longitudinally (Holmes et al. 2008; Zhao, Ren, and Lovrich 2010).”

On the other hand, it is necessary also to consider competition between workers in working for an employer:

Two different studies, King and Wheelock (2007) and Stults and Baumer (2007), use geocoded survey data to probe the mechanisms underlying racial threat effects. Both found that the observed association between the percent of black residents and police size is driven substantially by whites’ perceived economicthreats in the labor market and in social service provision. Racial threat is driven to a lesser extent by whites’ fears of crime victimization (Stults and Baumer 2007).”

However, their study seems to use the threat of falling residential prices as a proxy or for economic threat. Page 1187:

In examining the use of police as a means of governing housing markets, we also consider how the ethno-racial makeup of cities might have interacted with shifting forms of economic threat. As we elaborate below, as urban economies came to be based more and more around real estate, perceived economic threats (and the racialized fears on which they draw) increasingly took the form of concerns about protecting housing prices. Previous research, using the Gini coefficient to measure economic threat, finds a positive effect on police department size (Carmichael and Kent 2014). We use measures of more specific economic threats: those around housing.

They mention other factors that influence the growth of police budgets, such as the structure of municipal politics (the degree to which it is subject to partisan politics), whether it is a mayoral election year and the previous year’s budget.

The Financialization of the Housing Market

Beck and Goldstein argue that, as crime rates declined in the 1990s, there was a simultaneous financialization of the housing industry. This compensated, at least in part, for the stagnation in wages and salaries. Page 1188:

Between 1992 and 2005, the median home price doubled and the amount of outstanding mortgage debt tripled (Census Bureau 2012; Federal Reserve Board 2016). Wages were stagnant during this time, but the proliferation of home equity loan instruments allowed homeowners to utilize their houses as income streams, making homeownerseconomic livelihoods predicated increasingly on continual housing price growth (Davis 2010). Home equity extraction made up 10 percent of householdsincome nationally and as much as 15 percent in places like California and Florida (Greenspan and Kennedy 2007; Irwin 2006). Home value was important for homeowners and for regional economies.

Homeowners, especially in the present, where heightened prices for homes takes up some of the slack for limited wage and salary increases, tend to support the police more than renters:

“Given linkages in popular narratives between crime rates and residential property values, we suspect that part of the explanation for continual expansion of policing can be found in the increasingly central role of housing markets in the economy, and politicians’ responsiveness to homeowners’ concerns about protecting property prices. As Simon has theorized, “the more a person’s future economic security depends on the value of his or her home, rather than earning capacity, the more we might expect this person to focus on factors like crime that could damage the value of the home” (2010, 195). Past research has shown that homeowners are more satisfied with and supportive of police than are renters (Reisig and Parks 2000; Schuck, Rosenbaum, and Hawkins 2008).

The shift from homes being a place primarily to live in and have a private life to a form of equity involves not just support for measures to reduce crime but other measures to ensure that the “public area” of the surrounding neighbourhood be protected from potential threats of disorder and not just crime:

Economists have long documented the negative effects of reported crime levels on housing prices, and this effect was especially pronounced during the 1990s (Hellman and Naroff 1979; Pope and Pope 2012; Schwartz, Susin, and Voicu 2003). The deleterious impact of crime on property values represents a salient social fact within the residential real estate field, one that is ubiquitously repeated in popular media and on real estate websites. Indeed, the reorientation toward real estate heightened the importance of guarding against not only crime, but also disorder, lifestyle nuisances, loitering, and anything else that might threaten property values. The salience of such economic fears may help explain the fact that the same exact majority of GSS respondents (57 percent) supported spending more public money on law enforcement in 2006 as they did in 1990, when crime rates were 50 percent higher.3 Even safe-feeling homeowners might have supported expanded policing to protect home values.”

It was no longer actual crime (however defined by the status quo) but the threat or possibility of disorder and crime that became a concern. Pages 1188-1189:

“…policing strategies that had police respond to perceived disorder, the expanded role for police went hand in hand with an expansion in the justificatory logics and motives to rationalize continued growth. For instance, a 2010 Department of Justice Community Oriented Policing Services report aimed at the law enforcement community argues that police agencies should reconceptualize their role and refocus their energies on combating fear of crime (rather than crime) because—among other things—it undermines residential property values (Cordner 2010).

At the same time, as governments retrenched on welfare services, the police were called upon to address problems normally handled by such services. The expansion of police services and the retrenchment of welfare services, however, should not lead the left to idealize welfare services. Welfare services have been oppressive in various ways such as supervising personal lives to ensuring that those who receive assistance are the “deserving poor.”

Furthermore, as the incident at 33 Gabian Way demonstrates, public housing can be quite oppressive. Evictions can occur in just as brutal fashion as in private housing. The left should not idealize the public sector—which they often do.

Housing, Police and the Working Class

The use of houses as equity among the working class has led to a split within the class in terms of immediate material interests. From Michael Berry, Housing Provision and Class Relations under Capitalism: Some Implications of Recent Marxist Class Analysis, in pages 109-121, Housing Studies, Volume 1, Issue 2, pages 115-116:

Income differences are, as has been argued, also internalised within classes. In the case of the working class, for example, higher paid workers in primary jobs are doubly advantaged; they enjoy both higher and more secure wages and a higher probability of: (a) gaining access to owner-occupation; and (b) securing high capital gains from domestic property ownership. Conversely, workers in the secondary job market and those relegated to the reserve army of unemployed are more likely to be denied access to home ownership, or, if allowed access, concentrated in housing submarkets where property values remain relatively stable. Tenancy therefore evolves as a residual tenure category in a dual sense; not only can land supporting rental housing often be converted to more profitable non-residential uses, it evolves as ‘housing of last resort’ for less privileged sections of the working and nonworking population whose low incomes place strict limits on the rental returns to landlords, both factors leading to a degree of underprovision and homelessness.

In summary, working class disunity, associated with unequal access to and benefits from home ownership, and its political expression through various forms of struggle, is part of a wider system of inequality and exploitation. Both forms of advantage to higher paid workers privileged position in the workplace, over and against the immediate interests of other workers. depend on their being able to maintain their privileged position in the workplace, over and against the immediate interests of other workers.

Bad Infinity Again, or the Labour of Sisyphus—Unless We Begin to Link Strategy and Tactics

The upshot of all this is that unless activists begin to linking the immediate issues to larger issues, it is highly likely that they will achieve only fleeting success. The split in the working class means that there will be substantial resistance by a substantial section of the population to efforts to defund the police or to abolish it unless measures are taken to address the wider concerns and issues.

How to Link Strategy and Tactics

How can this be done? One possibility is to divide those who do have relatively secure positions, with relatively well-paid jobs (frequently the unionized sector) into two or three age groups as well as dividing each group into homeowners and those who do not own homes (condos, townshomes, houses, life leases or other forms of home ownership).

Those who are nearing retirement are unlikely to want to threaten their own security, both in terms of their pensions and in terms of their home ownership (for the importance of security for identifying working-class consciousness, see Marc Mulholland (2010), ‘Its Patrimony, its Unique Wealth!’ Labour-Power, Working Class Consciousness and Crises: An Outline Consideration. Pages 375-417, In Critique: Journal of Socialist Theory, Volume 38, Issue 3—although I believe he fails to include other aspects that motivate workers, such as the fight for their freedom and justice). Older workers also do not also have a whole life ahead of them to work for an employer. It is likely that only if their livelihood were threatened in some way (such as redefining the age of retirement) would they be prone to engage in serious battles with the aim of changing the economic and political structure. Older unionized workers would more likely support the police and less likely support a movement for defunding the police or in abolishing the police (empirical studies are needed here. Are there any?)

Some middle-aged workers, on the other hand, may still have to pay off their mortgage and still have to subordinate their will to the power of an employer for some time; others, of course, may approach older unionized workers in having a secure life. Some middle-aged workers may thus be more prone to oppose the police whereas others may be more prone to support them. It all depends on their life circumstances.

Younger unionized workers may have inherited housing from their parents, so they may be more prone to support the police. On the other hand, they more likely have a lifetime of having to work for an employer (although some may aspire to owning their own businesses, of course). These workers may be more susceptible to opposing police funding and the existence of the police because of their life situation.

To combat some of the unionized workers’ tendency to support the police, it would be necessary to show them the nature of their situation for the foreseeable future and to criticize alternative views that present their lives as somehow being fair. On the one hand, it would be necessary to show that their life working for an employer in hopes of owning a home entails a substantial part of their lives being used as means for employers’ ends over which they have little control. On the other hand, it would be necessary to criticize union rhetoric that presents collective bargaining and collective agreements as somehow fair.

To provide such criticisms, it is necessary to show that workers are used as means for other person’s ends. To that end, I reproduce the page on my blog on the money circuit of capital (it is fairly detailed, but it is necessary in order to oppose the rosy picture presented by union and business rhetoric about the future life of workers—especially younger workers) (if anyone has alternative means for exposing the limitations of union rhetoric, feel free to criticize this writing, including what follows, or if they can simplify it in any way).

… 

Conclusion: Using All Opportunities for Criticizing the Treatment of Human Beings as Means for Other People’s Ends

If a movement for defunding the police is to gain ground, it is necessary to use every opportunity that arises to criticize the economic and political structure in the wider sense and not just engage in activist actions at the micro level. The micro (where tactical decisions must be made) and the macro (where strategic decisions must be made) need to be linked constantly. How to do that is the central question.

In the movement for a fight for $15, for example, for whatever reason, the fight in Canada (not in the United States) has been paired with the concept of “fairness.” This provides the more radical left with an opportunity to challenge such rhetoric.

The same could be same with union rhetoric. For example, I compiled a list of 10 statements by CUPE on the fairness of collective agreements, put them up on my blog and queried how collective agreements, which limit the power of employers (and hence are, generally, better than no collective agreements) are somehow fair.

I would like to hear from others on how to link strategy and tactics together in the case of defunding the police and abolishing the police. Alternatively, I would be interested in reading arguments that short-term tactics can solve long-term problems.

The Silence of the Social-Democratic Left 

On April 18, 2021, I received an email indicating another meeting was to take place on April 24 at 3:00 p.m.  However, on April 24 the meeting was postponed until the following week. I received an email on April 29, which contained a zoom link for the Sunday, May 2 meeting. 
 
I was already feeling frustrated by any lack of response to what I considered to be a request by Ms. Jessup as administrator and monitor of the organization for a linking of micro and macro issues. Ms. Jessup’s silence–and the possible lack of circulation of the draft that I had written to other members of the previous zoom meetings–seemed to indicate that my draft work may have been censored. I had agreed at the beginning of joining this organization not to participate in its meetings, and then I was invited to participate, which I did by drafting something that tried to link up issues on the ground with more general issues–only to be met with–silence and possible censorship. 
 
I wanted to place the issue on the agenda (it was not on the agenda), but I also wanted to avoid clashing with Ms. Jessup, so I did not say anything about it at the May 2 meeting. However, I did draft something else that was more immediately relevant to the meeting: On the agenda, there were two motions for support of statements made by other organizations; I made some comments on these statements. One was a statement made by an organization in Toronto called Justice for Immigrant Workers (J4MW). I sent it to Ms. Jessup on May 1, 2021. 
 
Ms. Jessup’s reply:
Great.  Looking forward to seeing you Sunday
I also sent her some comments on another motion for support of the statement made by “Suppress the Virus Now Coalition.” 
 
Since this post is already quite long, I will post the two drafts  in future posts and conclude this series by including my final writing to this group, on the People’s Pandemic Shutdown.
 
I will merely repeat what I wrote near the beginning of this post: The reason why I joined is that it is involved in a movement for defunding (if not abolishing) the police. I thought that perhaps I could participate in such an organization and contribute by expressing my own point of view. I was wrong.
 
My conclusions about the efforts of this group, at least in relation to defunding the police (and abolishing it) is: it will not be very effective. Its characteristic lack of critical spirit will result in an incapacity to determine what really is required to defund and abolish the police. Its lack of willingness to critically analyze other organizations’ statements will undoubtedly contribute to that incapacity. Finally, its probable use of control over protocols to silence others expresses as well an incapacity to engage in self-criticism–a basic condition for any political advance.
 
I wish I were wrong–even partial defunding of the police would improve our lives, but given the dogmatism of the social-democratic left and their lack of a critical spirit–my prediction will probably come true. In May 2022, it will be interesting to see whether the social-democratic left has managed to defund the police to any great extent in Toronto.
 
I believe that Meursault, the protagonist of the existential writer Albert Camus, in his book “L’Etranger (The Outsider in English) sums up my conclusions concerning this organization: 

J’avais eu raison, j’avais encore raison, j’avais toujours raison. [I had been right, I will still right, I was always right.

It is necessary to critique the social-democratic left from the outside since they will try to take measures to stifle dissent from their dogmas. 

Another Ideological Call for a Fair Contract–By CUPE 3902

I received the following in an email (https://weareuoft.com/e-action/):

Thanks for helping the members of CUPE [Canadian Union of Public Employees] 3902, Unit 1, win a fair deal at the table! Our proposals are progressive and necessary to ensure good working conditions for our members and their students. Fill out the form below to send an email to UofT’s administration asking them to fairly consider our proposals! [my emphasis]

I have already commented a number of times about this cliché of a “fair deal,” “fair contract,” and so forth (see, for example, Fair Contracts (or Fair Collective Agreements): The Ideological Rhetoric of Canadian Unions, Part One, or The Silences of the Social-Democratic Left).

The persistent use of this cliché by union reps to defend their actions indicates the contradictory (and limited) nature of unions. On the one hand, unions function to limit the power of a particular employer; on the other hand, they also function to justify the continued existence of a class of employers (see Reform Versus Abolition of the Police, Part Six: Unions and the Police).

By the way, I did send the email that CUPE 3902 wanted people to send to university management; it is necessary to support particular unions in their fight against particular employers–all the while criticizing the limitations of their rhetoric and actions.

The Leap Manifesto as a Social-Democratic Document: Climate Change, Environmental Degradation, Indigenous Rights and the Perpetuation of the Dominance of a Class of Employers

Written before the coronavirus pandemic, The Leap Manifesto: A Call for Canada
Based on Caring for the Earth and One Another, produced by various authors in 2015, ranging from scientist David Suzuki to the former head of the Canadian Union of Public Employees (CUPE), Paul Moist, focuses on the need for the transition to a new kind of economy–a green economy. I will only address certain aspects of the Manifesto. If I should address further aspects in another post in the future, I will

It states:

We start from the premise that Canada is facing the deepest crisis in recent memory.

The Truth and Reconciliation Commission has acknowledged shocking details about
the violence of Canada’s near past. Deepening poverty and inequality are a scar on the country’s present. And our record on climate change is a crime against humanity’s future.

The Truth and Reconciliation Commission’s mandate was:

The TRC is a component of the Indian Residential Schools Settlement Agreement. Its mandate is to inform all Canadians about what happened in Indian Residential Schools (IRS). The Commission will document the truth of survivors, families, communities and anyone personally affected by the IRS experience.

Direct and Indirect Violence in Modern Society

The violence perpetrated by the Canadian government on Aboriginal peoples certainly needs to be addressed. However, violence has taken many forms in Canada’s past, such as the direct or indirect violence of the creation of a market for workers, who need to sell themselves to employers. The continued existence of a market for workers in Canada expresses the continued existence of such violence.

Direct violence in a society characterized by a class of workers who must sell their capacity to work on a market via a labour contract (whether individually or collectively) is reserved for a special institution: the modern government or the modern state. From Geoffrey Kay and James Mott (1982 ), Political Order and the Law of Labour, page 83:

One crucial presupposition of modern contract, which it then reproduces, is that both parties arc deprived of the right to act violently in defence of their own interests, or even to pardon those who harm them. In a society of equivalents relating to each other through contract, politics is abstracted out of the relations of production, and order becomes the task of a specialised body — the state.

The modern state or government ensures that the contractual relations of the workers and employers are met and that the property of each is respected. Since workers acquire property, generally, in means of consumption (food, clothing, rental of apartments or houses, buying of condos or houses, cars or other means of transport, entertainment, books, balls and games for their children, and so forth), they generally lack means for their own continued existence (such as business computers, buildings, machine and so forth. It is the employers who own these and not the workers.

Since workers in such a society (and Canada is such a society) are means to the ends defined by employers (see The Money Circuit of Capital), and treating human beings as a means rather than their own ends (think of children and what most people say about treating children’s development as an end in itself–and then apply the same idea to adults) is a violent act, then employers’ treatment of workers as means is a continuously violent act, and the modern government or state protects such violence and indeed monopolizes the use of direct violence and thereby perpetuates the violence of employers.

Does the Manifesto have anything to say on this score? Following the above citation from The Leap Manifesto, it says:

These facts are all the more jarring because they depart so dramatically from our stated values: respect for Indigenous rights, internationalism, human rights, diversity, and environmental stewardship.

These may be the stated values, but Canadian reality has consistently contradicted such stated values. In general, such stated values are hypocritical. Consider human rights. Human rights in Canada are consistent with treating workers as things by employers (see Employers as Dictators, Part One). I will address the issue of “environmental stewardship” briefly in the following section.

Goals of The Leap Manifesto

What is the goal of The Leap Manifesto?

Canada is not this place today — but it could be. We could live in a country powered entirely by truly just renewable energy, woven together by accessible public transit, in which the jobs and opportunities of this transition are designed to systematically eliminate racial and gender inequality. Caring for one another and caring for the planet could be the economy’s fastest growing sectors. Many more people could have higher wage jobs with fewer work hours, leaving us ample time to enjoy our loved ones and flourish in our communities.

There are several points here:
1. truly just renewable energy
2. accessible public transit
3. jobs that systematically eliminate
a. racial inequality
b. gender inequality
4. Caring for the planet
5. Caring for one another
6. Higher wage jobs
7. Work fewer hours
8. Time to enjoy our loved ones
9. Time to flourish in our communities.

Some of these demands seem reasonable. Who would not want higher wage jobs?  (I will come back to this.) Who would not want to work fewer hours while having the time (and money) to enjoy our lives with family, friends and flourish within a community? Who among the left at least would not want the elimination of racial and gender inequality?

Environmental Degradation a Necessary Feature of a Society Dominated by a Class of Employers

This is contradictory list. Even on the assumption that racial and gender inequality could be eliminated, as I have already indicated, a caring planet and a capitalist economy are mutually exclusive (see  The British Labour Party’s 2019 Manifesto: More Social Democracy and More Social Reformism, Part One). Of course, there is room for improving the current environmental situation through changes to more renewable resources, but the infinite nature of the capitalist economy contradicts any real solution to the problem of environmental degradation. From Ann Davis (2010), “Marx and the Mixed Economy: Money, Accumulation, and the Role of the State,” in Science and Society (pages 409-428), Volume 74, Number 3,  page 412:

Circulation, and the expansion of value, is an end in itself, and therefore without limit.

The idea of “environmental stewardship” within a capitalist society is an illusion.

How urgent is the need for addressing climate change and environmental degradation, according to the Manifesto?

We know that the time for this great transition is short. Climate scientists have told us that this is the decade to take decisive action to prevent catastrophic global warming. That means small steps will no longer get us where we need to go.

This plea for rapid change, of course, will now be put on the back burner because of the coronavirus pandemic and the ensuing economic crisis that will flow from it.

The Manifesto outlines the following timeline:

…we want energy sources that will last for time immemorial and never run out or poison the land. Technological breakthroughs have brought this dream within reach. The latest research shows it is feasible for Canada to get 100% of its electricity from renewable resources within two decades: by 2050 we could have a 100% clean economy.

Even on the assumption that Canada can shift to 100% clean energy by the year 2050, as the Manifesto claims, environmental degradation will continue since it will always be necessary to expand the economy infinitely. Climate change may be addressed (although, in addition to the problems associated with the coronavirus pandemic, there are powerful capitalist interests in the fossil-fuel industry), but not environmental degradation due to the nature of the capitalist economy. The Manifesto simply ignores this problem.

Unless the social relations that characterize an economy that moves towards infinity is addressed, caring for the planet is simply a will-o’-the-wisp.

Indigenous Rights and the Modern Government or the Modern State

The Leap claims:

So we need to leap.

This leap must begin by respecting the inherent rights and title of the original caretakers of this land. Indigenous communities have been at the forefront of protecting rivers, coasts, forests and lands from out-of-control industrial activity. We can bolster this role, and reset our relationship, by fully implementing the United Nations Declaration on the Rights of Indigenous Peoples.

Moved by the treaties that form the legal basis of this country and bind us to share
the land “for as long as the sun shines, the grass grows and the rivers flow,”

Although, as Mark Franke (2007) argues, in “Self-determination Versus the Determination of Self: A Critical Reading of the Colonial Ethics Inherent to the United Nations Declaration on the Rights of Indigenous Peoples,” in Journal of Global Ethics, Volume 3, issue 3, pages 359-379, that the adoption of the Declaration undoubtedly aids in the recognition of indigenous grievances, he also argues that the definition of self permitted through the Declaration would limit indigenous peoples to definitions of self characteristic of liberal societies. Such enabling and constraining features are characteristic of many liberal capitalist states (Francesca Merlan (2009), “Indigeneity: Global and Local,” in the journal Current Anthropology, Volume 50, Number 3, pages 303-333). As Franke remarks (page 375):

The human rights discourse of the UN itself is based inmaking a division between, on the one hand, those peoples who are seen as peace-loving social units willing and capable of supporting a specific vision of human need and rights and willing and capable of supporting the state as the necessary mechanism through which these needs and rights may gain address and, on the other hand, those who are unwilling or incapable of either. The whole notion of self privileged in the UN’s vision of self-determination is predicated on its contrast to a class of groups who do not seek identity with the human self idealised within its ethic. As Farid Samir Benavides Vanegas contends, the globalisation of rights remains deeply trapped in a colonial outlook (Vanegas 2004). As a result, peoples in the world who seek to determine themselves in ways that do not accord with the UN vision of peace, security, and human rights are not even eligible for recognition as selves. They could not be seen to identify with the human self valorised within the UN project; they can be only different from the self.

If it is the case, then, that any indigenous peoples wish to engage in processes of self-determination that questions the validity of the state as the fundamental organising
principle for their lives and the lives of all other peoples on earth, on the basis of the Declaration, there is no room for them to be recognised as groups deserving of the rights set out in the document or as groups that may be recognised as selves in the world. Under the basis of this document and the ethic of self that propels it, indigenous peoples have no opportunity to be identified as peoples with genuine moral claims on the states and international organisations of this world, if they choose to express their interests in ways outside of the modern political vision of self, which is itself a product of colonialism.

The Manifesto assumes the legitimacy of the modern state or government, and such an acceptance often goes hand in hand with acceptance of the continued existence of a class of employers. (For a critique of the nature of the modern government or state, see for example, The Poverty of Academic Leftism, Part Seven: The Idealization of the Nation State or the National Government and Nationalization in the Wake of the Coronavirus Pandemic, Part Two, or  Socialism, Police and the Government or State, Part One).

The Leap’s Assumption of the Continued Existence of a Class of Employers

In addition to ignoring the direct and indirect violence of modern class society, the necessary degradation of the environment in a capitalist context, and the necessary limitations imposed on Aboriginal self-determination, the Leap Manifesto fails to criticize the essential nature of the economy in which we live. It states, as noted above:

Many more people could have higher wage jobs with fewer work hours….

Higher wages–rather than the abolition of a system based on wages, with the class of employers abolished in the process–this is one of the goals of the Manifesto.

It may seem that the Manifesto goes further. It says:

As an alternative to the profit-gouging of private companies and the remote
bureaucracy of some centralized state ones, we can create innovative ownership
structures: democratically run, paying living wages and keeping much-needed revenue in communities.

However, in another part of the Manifesto, it states:

We call for an end to all trade deals that interfere with our attempts to rebuild local
economies, regulate corporations [my emphasis] and stop damaging extractive projects.

Companies can only be regulated if they exist–and presumably such companies will still involve a class of employers. There is simply no direct expression of the need to eliminate the class of employers and the associated economic, political and social structures.

It may also appear that the Manifesto, by proposing a universal basic income, is advocating the abolition of classes:

Since so much of the labour of caretaking – whether of people or the planet – is currentlyunpaid, we call for a vigorous debate about the introduction of a universal basic annual income. Pioneered in Manitoba in the 1970’s, this sturdy safety net could help ensure that no one is forced to take work that threatens their children’s tomorrow, just to feed those children today.

I too have advocated for a universal basic income (see, for example,  A Radical Basic Income as a Radical Reform). However, it is not to be part of a “sturdy safety net” but to breach a hole in the need for working for an employer in general–a threat to the power of employers as a class; such a breach would require widespread class struggle–something which the Leap Manifesto simply ignores. Economic coercion is necessary in a capitalist society–as John Clarke, a former activist in the organization Ontario Coalition Against Poverty admitted (see  “Capitalism needs economic coercion for its job market to function” (Ontario Coalition Against Poverty: OCAP). 

The document is a hodge-podge of proposals, some of which may be attained within a system dominated by a class of employers (such as higher wages, self-determination by Aborginal peoples as defined by nation states and even, perhaps, “clean energy” (although that is debatable). Other proposals cannot be realized within the modern class system–abolition of the direct violence of the modern state and the indirect violence of the dictatorship of employers; environmental degradation; and the definition of self-determination that goes beyond the limits of the modern state.

The proposal of a basic income could be accommodated within the capitalist system, or it could be more radical, threatening the existence of a market for workers. Since the Manifesto nowhere explicitly opposes the class power of employers, it is likely that it proposes some form of basic income that is consistent with the continued existence of a market for workers, where workers are hired and fired by employers.

Another piece of evidence that the proposal of basic income is likely consistent with the continued existence of a market for workers is who signed it: Paul Moist. As I pointed out above, he was former national president of the Canadian Union of Public Employees (CUPE); he retired in 2015–the same year as the publication of the Manifesto.

I met, I believe, Mr. Moist in 1996, in Winnipeg, Manitoba, Canada. The issue of “fair collective bargaining” had come up. Susan Thompson, who was mayor of Calgary at the time, wanted to break the collective agreement between the city and CUPE local 500; she  tried to have Gary Filmon (premier of Manitoba, Canada) support her attempt to breach the collective agreement. Paul Moist, at the time head of CUPE local 500 outside workers in Winnipeg, called out the slogan “A contract is a contract,” in opposition to Susan Thompson’s underhanded attempt; it was a wise tactical move on Moist‘s part since people supported him in what they perceived was an unfair act by Susan Thompson.. At the time, I belonged to a leftist group called New Directions. Mr. Moist came to one of the meetings, and I asked him whether he considered the slogan to be a tactical move or whether he believed in it. His response was that the foundation of our society is contracts; he evidently believed in the slogan.

Furthermore, Mr. Moist is a supporter of the New Democratic Party–a social-democratic party whose aim is to reform capitalist society, making it more of a welfare state than the current neoliberal model.

All in all, then, the Leap Manifesto falls far short of any real call for change. Its “leap’ is indeed a leap–at a frog’s pace rather than at a human pace. It is a social-democratic or social-reformist document.

Union Pensions and the Inconsistency of Union Leaders

The following was posted on Facebook by one of my friends. It refers to OMERS

“OMERS, the Ontario Municipal Employees Retirement System, invests on behalf of more than 500,000 public servants, including police officers and firefighters. The fund manager’s largest customer is the Canadian Union of Public Employees. In an interview, CUPE Ontario president Fred Hahn said the union is calling for a review of OMERS investment decision-making processes after “an epic failure for workers.”

“We understand that we are long-term investors, and should not focus on results from just one year. However, OMERS has consistently underperformed versus other, similar plans,” Mr. Hahn said.

OMERS’s annual return of 8.2 per cent for the 10 years prior to 2020 trails the 9.8-per-cent performance in the same period at the Ontario Teachers’ Pension Plan and the 11.4-per-cent return over the past decade at the Healthcare of Ontario Pension Plan.

CUPE is in negotiations on retirement benefits for its members, and is pushing for increased employer contributions to pension plans.”
My reply: 
 
Once again [a similar post was posted on the same day, to which I also replied], references to OMERS’ loss of profits by Mr. Hahn involves silence concerning the source of those profits. The source of those profits is–the exploitation of workers. However, nothing is said at all about that. The concern, rather, is with the loss of profits for the plan–and not at all about the exploitation of the workers who produce profits for employers.
 
Hence, Mr. Hahn’s own statement can be turned against him. He claims:

” In an interview, CUPE Ontario president Fred Hahn said the union is calling for a review of OMERS investment decision-making processes after “an epic failure for workers.”

After Mr. Hahn’s epic failure in criticizing the exploitation of workers–the source for OMERS’ investment profits–we should review CUPE’s own silences concerning the exploitation of workers.

To start with, CUPE’s own idealization of collective agreements as “fair contracts” (fair collective agreements) shows CUPE’s “epic failure for workers.” No collective agreement is fair because working for an employer is unfair–period.

The silence of unions over such issues speaks mountains about “the epic failure for workers.”
I may add that CUPE is the largest union in Canada, and I have provided proof that it claims that collective agreements are somehow fair (see  Fair Contracts (or Fair Collective Agreements): The Ideological Rhetoric of Canadian Unions, Part One). 
 
 
Of course, there was no reply to my criticisms. The union reps do not feel the need to justify their assertions–or perhaps they prefer to keep silent since they cannot justify their assertions.