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, 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. 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. 
 

Fair Contracts (or Fair Collective Agreements): The Ideological Rhetoric of Canadian Unions, Part One

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

I will provide a series of examples from various unions in this series on their view of the fairness of collective agreements and collective bargaining, implied or expressed explicitly.

1. Canadian Union of Public Employees (CUPE)

  1. On February 20, 2020, the Canadian Union of Public Employees (CUPE) published the following on its website (https://cupe.ca/union-offers-better-contingency-plan-city-toronto-negotiate-fair-contract).

Following the City of Toronto’s announcement on contingency plans for a possible labour disruption, CUPE 416 offered their own plan, one that respects all parties: negotiate a fair contract and avoid a labour dispute.

Nowhere does the webpage indicate what is meant by ‘fair contract.” The complaint against the City of Toronto as employer in relation to collective bargaining seems to have to do with the implied bad faith in bargaining–hence the reference to ‘respects all parties.” It is implied that the City of Toronto’s bargaining team does not respect the other party–the negotiating team and, by implication, the city of Toronto’s unionized workers. If only the city’s negotiating team would engage in real negotiations rather than aiming for a labour dispute from the beginning, then a fair contract could arise, it is implied:

“How does the City Manager stand up there and say the City respects its workers and looks out for the best interests of residents when they have been driving these talks toward a deadline and a dispute from the beginning?” said Eddie Mariconda, president of CUPE 416.

It is never questioned how treating human beings as costs could indicate an unfair situation as such:

 “They say that they want a contract that is affordable and sustainable. 416 members are already affordable and sustainable, and we deliver great services too.

City of Toronto workers are affordable–their costs are “reasonable.” How treating workers as costs is reasonable is never explained–it is assumed. Treating workers as costs reduces human beings to mere means to ends defined by others (see The Money Circuit of Capital).

It should be noted that CUPE is the largest Canadian union (from https://cupe.ca/cupe-largest-union-canada-and-we-keep-growing):

Canada’s largest labour union keeps on growing as today we announce our membership has reached 680,000 workers nationwide.

2. In the Collective Bargaining section of the CUPE website (https://cupe.ca/collective-bargaining) , we read:

Negotiating strong contracts for our members is what we do best. The solidarity of our members is the heart of our bargaining power, and makes gains possible. Together, we’ve built strong communities and achieved better wages, benefits, pensions and fair treatment, for workers.

It is implied that it is possible to be treated fairly despite the existence of the employer-employee relation. If, however, the employer-employee relation is inherently unfair, then CUPE’s reference to fair treatment (by means of, probably, collective bargaining and collective agreements) in effect justifies the continued oppression and exploitation of workers. After all, if workers are indeed fairly treated by means of collective bargaining, collective agreements and the existence of unions, then there is no need to aim for the abolition of the class power of employers. Furthermore, workers who work in unionized environments who still consider their treatment by the employer to be unfair–despite such treatment not breaching the collective agreement–would logically be subject to criticism by union reps or at least indifference.

3. On CUPE Local 79, it reads http://cupelocal79.org/bargaining/ (of course, this link may no longer exist once a collective agreement has been signed):

CUPE Local 79 is entering into negotiations with the City of Toronto in late 2019 as the four collective agreements expire on December 31, 2019. Our union is seeking a fair deal for City of Toronto employees who work hard every day to take care of Toronto.

4. Another webpage (https://cupe.on.ca/marchingforfairness/ ) has the following (no date):

We are asking the March of Dimes to support us in the work that we do by negotiating a fair contract that respects the residents of March of Dimes Independent Living and the support workers who empower them to live independent lives. Help us by sending a message to the March of Dimes to ask them to negotiate a fair contract of support service attendants.

5. Dated November 16, 2020, the following post implies that unionized workers not only desire fair treatment but actually obtained it by means of collective bargaining and the collective agreement (https://cupe.ca/new-collective-agreement-garda-employees):

New collective agreement for Garda employees

This Monday, the Syndicat des employé.e.s du transport de valeurs et des salles de comptage de Garda (SNCF-SCFP 3812) signed a new six-year collective agreement, which calls for wage increases of 14% for the period between 2018 to 2024.

“The union achieved the objectives it wanted, particularly with respect to salaries and full retroactivity for all employees and major adjustments to schedules and statutory holidays. We have adjusted to the health crisis and have held virtual general meetings, including a vote. The agreement achieved 73.5% support, reflective of the excellent work done by the bargaining committee,” declared Jocelyn Tremblay, a CUPE union representative and trustee of SNCF-SCFP 3812.

In addition to maintaining and even improving their purchasing power, the union is particularly proud of regaining several things they had negotiated after rejecting an initial tentative agreement in April 2019. The employees subsequently voted more than 83% in favour of resorting to pressure tactics up to and including an unlimited general strike.

“This mobilization on the part of employees enabled us to be heard at the bargaining table. These people showed management that they wanted a fair agreement in line with the efforts made on a daily basis for the company,” added CUPE union representative Marcin Kazmierczak.

SNCF-SCFP 3812 represents slightly more than 1000 members.

6. On June 30, 2020, we read, from the National President’s Report (https://cupe.ca/national-presidents-report-june-2020):

The only sector presently bargaining with government is the health care sector. At that table, the government’s opening proposals included eliminating any retroactivity for wages beyond the April 1, 2020 effective date. This was rejected and CUPE will continue to fight for a fair collective agreement [my emphasis] and a strong pension plan.

7. On August 21, 2020, we read (https://cupe.on.ca/solidarity-with-port-of-montreal-longshore-workers-cupe-ontario-salutes-the-announcement-of-a-truce/):

CUPE Ontario’s 280,000 members salute the announcement of a truce agreed to today between striking longshore workers at the Port of Montreal, members of CUPE Local 375, and the Maritime Employers Association (MEA). Both parties announced during a joint press conference that they believe they can come to a negotiated collective agreement during the truce which will end on March 20, 2021.

On August 10th, the 1,125 longshore workers began strike action to defend their collective agreement after the employer, MEA, unilaterally changed working conditions.

The workers’ previous collective agreement expired on December 31, 2018 and, instead of negotiating a fair agreement [my emphasis], the employer had been attacking workers’ rights, threatening the use of replacement workers, and diverting ships to other ports, including those outside of Canada.

The MEA spent months attacking workers’ rights in the courts, making the case that all members of CUPE Local 375, working at the Port of Montreal, should not have the right to strike. But the longshore workers fought back, and the Canada Industrial Relations Board upheld their existing strike rights. This was an important victory, not only for longshore workers at the Port of Montreal, but for all working people in Canada.

Since the beginning of the strike, CUPE Local 375 members have offered to unload and move all cargo linked to fighting the COVID-19 pandemic to ensure community safety. Despite this, the employer has tried to use the pandemic as an excuse to threaten the use of replacement workers, otherwise known as scabs. This week, when it looked like the employer was going to enact the threat, the Local mobilized with other unions for mass solidarity picket which caused the employer to back down.

CUPE Ontario will act in steadfast solidarity with CUPE Local 375 until the parties reach a fair collective agreement that treats the Port of Montreal longshore workers with the respect they deserve. The members of CUPE Ontario will continue offering support and resources to defend Local 375 members’ rights and protect working conditions.

Fred Hahn, President

Candace Rennick, Secretary-Treasurer

It may seem inappropriate to criticize those who defend workers from attacks of employers. Attacks from particular employers or a group of employers do indeed need to be criticized, and to that extent Fred Hahn’s and Candace Resnick’s critique of the Maritime Employers Association should be praised. On the other hand, the reference to “fair agreement” needs to be criticized. 

8. On November 4, 2019, we read (http://cupe1764.ca/help-brampton-caledon-community-living-workers-get-a-fair-contract/): 

Help Brampton-Caledon Community Living workers get a fair contract

We are the members of CUPE 966. We work hard every day to provide the quality care at Brampton-Caledon Community Living (BCCL). It can be difficult work, but we do it because we care about the individuals we support, and we love to make a difference for them and their families.

BCCL is attempting to make our jobs even more difficult by keeping workers in precarious, part-time positions. We just want to negotiate a fair contract that respects our physically demanding work and protects the services we provide. We believe that no worker should see their working conditions reduced. We do not want a strike, but we are being pushed that way.

Help us continue to provide quality care to the individuals we support by telling BCCL to negotiate a fair contract now! [my emphasis]

It may seem even more inappropriate to criticize those workers who are experiencing an attack by an employer. However, where does their idea of a “fair contract” come from? Have they been indoctrinated by CUPE (and other unions)? Do they really consider it possible to obtain a fair contract? Even if they do, what is their view of management rights? 

9. On another CUPE webpage, we read (https://cupe.on.ca/somethingspecial/):

10. We read, on December 2, 2015 (https://cupe2544.ca/with-deadline-looming-warden-woods-needs-to-get-serious-about-negotiating-a-fair-contract/): 

With deadline looming, Warden Woods needs to ‘get serious’ about negotiating a fair contract

With a strike deadline of December 13 rapidly approaching, the union representing workers at Warden Woods Community Centre urged management to ‘get serious’ about negotiating a fair collective agreement. [my emphasis]

“For more than a year, our members have been trying to negotiate a fair first contract [my emphasis] with Warden Woods, but I am extremely concerned that management needs to get serious about finishing the job,” said Barbara Garcia, President of Local 5218 of the Canadian Union of Public Employees (CUPE 5218).

“The community depends on, and expects, the vital services our members provide. We’re committed to this community, but Warden Woods’ management needs to demonstrate their commitment to getting the job done.

CUPE 5218 has been in negotiations with Warden Woods for over a year. While some progress towards securing a first contract has taken place, several items remain outstanding. Additionally, staff have not had a wage increase in eight years.

The countdown to a lockout or strike began when Warden Woods’ management declared an impasse last month.

“We are prepared to bargain for as long as it takes to secure a fair contract, but the employer’s actions have set us on a fast track to a work stoppage, unless they get serious about finishing the job of negotiating with us,” said Garcia.

“We have been extremely reasonable in offering good faith solutions we believe are fair to our members [my emphasis], protect vital public services the community depends on, and ensure the long-term viability of Warden Woods,” she added.

Warden Woods is a multi-service community agency based in Scarborough providing supports to seniors, youth and children. The 44 members of CUPE 5218 provide a wide range of programming and services at the main office, several satellite locations, and in people’s homes.

For more information, please contact:

Barbara Garcia
CUPE 5218 President
416-725-4437

Kevin Wilson
CUPE Communications
416-821-6641

The use of the term “fair” in “fair contract,” “fair treatment,” and “fair deal” is not accidental. The implication is that the goal of collective bargaining must not just to achieve a contract or collective agreement–but a fair contract or agreement. The goal of reaching a collective agreement is qualified constantly by the adjective “fair.” The natural question would be: In what way is it fair? What is meant by a “fair contract,” etc.?

Nowhere does CUPE explain what it means by a fair collective agreement or how it is possible given the power of employers as a class. Why is that? Why is it that the union often qualifies the contract or collective agreement as “fair?” Is it by accident, or is it a means to “sell” the collective agreement to its members?

Would it be more in the interests of workers to point out that the collective agreement is unfair–but it is the best that can be obtained under the circumstances (the power structure that currently exists)? Or would it be better to merely express the rhetoric of fair contracts, etc. without discussing what is meant by that?

Which is a reformist tactic? A tactic in the best interests of workers?

The Call for the Conversion of the GM Oshawa Plant to a Facility for the Production of Medical Equipment in the Wake of the Coronavirus Pandemic

On April 19, 2020, on the Socialist Project website–Retool Oshawa GM Complex to Combat Covid19–there is a press conference by five individuals–Tony Leah (facilitator), Michael Hurley, Rebecca Keetch, Patty Coates and James Hutt–calling on the Canadian government (and the Ontario provincial government) to take over the GM Oshawa plant, which closed on December 19, 2019, in order to facilitate the production of medical equipment, including masks, ventilators, gloves and tests–all of which are in short supply due to the international competition for such equipment as well as the Trump government’s ban on exporting medical equipment into Canada.

Some of the following is taken verbatim from the five presenters without quotes in order to facilitate reading whereas some of it is paraphrased. After a description of what they say, I make some critical comments in relation to the call for public ownership and other issues.

Mr. Hurley, president of the Hospital Division of the Canadian Union of Public Employees (CUPE), emphasizes the urgency of the need for medical equipment for front-line workers. Medical equipment is in short supply to deal with the coronavirus pandemic,  and such equipment is vital if front-line workers are not to succumb to the virus themselves, as many paramedics did in New York.

Ms. Keetch, a former autoworker at GM Oshawa, calls on the Canadian and provincial governments to convert the closed-down GM Oshawa assembly plant into a publicly-owned site in order to use it to produce much needed medical equipment. She points out that other countries and companies have converted car factories into plants for producing medical equipment: the Chinese capitalist company BYD producing masks and hand sanitizers; GM having its workers produce ventilators at its Kokomo Indiana plant; and Ford Canada having its workers produce face masks at its Windsor Ontario plant. She justifies taking over the plant on the basis of putting social need in general before the interest of profit and the particular health and safety needs of workers who have been declared essential, such as hospital workers and grocery workers. There already exists a skilled workforce available to produce the needed medical equipment–the workforce of the former GM plant and the workers of its former suppliers.

Ms. Coates, president of the Ontario Federation of Labour (representing 54 unions and a million workers) indicates her support for the initiative and points out how the Conservative government of Doug Ford had reduced the health-care budget before the pandemic. Health-care workers, patients and community members need vital medical equipment that are currently lacking. She also supports a proposal for workers having 21 paid sick days so that they can stay home if sick without financial hardship and free healthcare for all regardless of immigration status. Workers themselves are calling for such protective measures.

Mr. Hutt does climate and labour justice with the Leap. On the Leap website, it says:

Mission

The Leap’s mission is to advance a radically hopeful vision for how we can address climate change by building a more just world, while building movement power and popular support to transform it into a lived reality.

Since our launch, we’ve drawn heavily on the ideas and networks of our co-founders, Naomi Klein and Avi Lewis.

Mr. Hutt notes that Justin Trudeau, the Canadian prime minister, called for manufacturing companies to retool to produce medical equipment, but it is not enough to rely on the goodwill of CEOs and manufacturers to produce what is needed at this time. There is a textile manufacturer, Novo Textile Co, based in Coquitlam, British Columbia, that has ordered machinery from China in order to produce masks, but it has not yet received the equipment. What we need now is fast production of medical equipment.

This shows that we need the government to play a strong role in ensuring that we increase production of medical equipment in order to meet the demand for medical supplies in Canada. This is where GM Oshawa can play a role. The auto assembly plant is one of the largest plants in North America, and yet 90 percent of its capacity is currently going to waste. Furthermore, there are available 5,000 workers who lost their jobs directly through the closing of the factory and 10,000 more workers who, indirectly, became unemployed.

The workers should be hired back in good, well-paying unionized jobs. After all, it is they who produce the value and services needed  by society.

What we need is a people’s bailout, which includes both workers and the environment, instead of a bailout of corporations and banks. The people’s bailout contains three components. Firstly, it responds to the immediate life-and-death needs of front-line workers and by all those whose lives have been turned inside out by the pandemic. Secondly, it helps to recover our lives, but in a new way, through government stimulus in creating a zero-carbon and full employment economy. Thirdly, it helps to reimagine our society. The economy must be transformed to ensure that safety and stability are the priorities for all and not just the 1%.

Nationalizing the plant, or converting it into public ownership, would create 13,000 unionized, well-paying jobs to produce the things that we need, initially in the first component or phase of producing medical equipment and, in the second phase, the production of electric vehicles for, for example, Canada Post, the single largest user of vehicles in Canada, and electric buses across Canada.

The third component or phase would involve the creation of a more just society for all, which entails public ownership of the plant, the provision of production facilities in Canada that would involve internal production of medical equipment throughout Canada.

Mr. Leah then points out that there is a petition that viewers of the Conference can sign, which will be sent to Premier Ford of Ontario and Prime Minister Trudeau (Petition–Order GM to Make Needed PPE).

There was then a question and answer session, with Valerie McDonald (? unsure if this is the name) asking the question of how quickly could the Oshawa plant fully employ the former workforce, whether directly or indirectly, and use the plant to capacity. Another question by Kate (I could not make out her last name) was who would paid for the retooling, the federal or provincial governments, and how much would it cost and how long it would take. Mr. Hurley pointed out that China set up factories within two weeks for the production of fiber masks. Given that the Canadian governments have adopted emergency powers, they could start producing almost immediately. As for the cost, currently Canada is paying almost three times the normal price for medical supplies on the open market; consequently, there would actually be considerable savings by shifting to local production. Ms. Leetch added that in the United States, in Warren, it took about two weeks to be converted and a total of a month for thousands of masks to be produced. She also points that, in relation to costs, it would be necessary for the government to provide aid for retooling. Ms. Coates adds that we need to think about the future beyond this pandemic: we need to have the capacity to produce ventilators and other medical equipment. As for the cost, the issue of cost has little to do with the issue since lives are priceless, and the cost of retooling to save lives not just now but also for the foreseeable future–since there will still be demand for personal protective equipment for some time to come even in the case of the current pandemic. We need a permanent solution to the problem and not a temporary one.

Another couple of questions were: The federal government had no problem purchasing a U.S. owned pipeline company, but now that such a company will be idled, why would the federal government not step in and purchase the plant from GM and retool it? A follow-up question is: Is the plant too large, and can it be adapted to produce medical equipment and other things [unclear if this is the exact question]. Another question is whether the machinery already exists in the plant or must it be imported?

Mr. Hurley indicated that neither the provincial Ontario government nor the federal government has responded in an urgent fashion to the pandemic by forcing employers to retool to produce medical equipment despite hundreds and even thousands of Canadians dying due to the pandemic. It is time that the Trudeau government institute wartime measures to force employers to retool in order to save lives by producing tests, ventilators and other medical equipment that are fundamental to the protection of workers.

Ms. Coates added that not only healthcare workers do not have sufficient protection but also grocery workers, bus drivers and municipal workers are still working and need to be protected during this pandemic.

Ms. Keetch points out that what they are demanding is that the government order production because that will then allocate resources that permit things to happen. As for the plant being too big: not really. We can use whatever space is necessary at the plant right now to address immediate needs. In relation to parallels between the federal government purchasing a pipeline company and purchasing the GM Oshawa plant, but the issue now is to prioritize what needs to be done, and the priority should be to protect Canadian citizens, and both money and the political will need to be found to do that. She does not know whether the machinery is on site, but she does know that Ontarians are experts in manufacturing and have been for decades.

For closing remarks, Ms. Keetch pointed out that the pandemic is an interdependent phenomena, with both the public coming into contact with workers and workers coming into contact with the public, so that both need to protect each other through the use of protective equipment. The use of present resources to meet this need is a common-sense approach.

Tony Leah stated that what happened in the United States in Kokomo and other places in the United States, when the government ordered production, shows that medical equipment can be relatively quickly produced, within a week or two, depending on the complexity of the equipment. He judges GM’s inaction to be shameful, especially since GM took $11 billion in Canadian bailout money during the last economic crisis.

As an emergency measure, it makes sense to convert the idle GM Oshawa plant into a plant where workers could produce much needed medical equipment. As a longer-term measure, it also makes sense to convert the idle plant into a permanent facility for the production of medical equipment in order to prevent any future shortage of medical supplies. Alternatively, once the pandemic has past, it could make sense to convert the plant  into an electric-vehicle factory as originally planned.

From the point of view of the workers who lost their jobs when GM Oshawa closed the plant, it also makes sense to try to be employed again; they could resume the same kind of life that they used to live rather than joining the unemployed.

I did sign the petition, but mainly because it makes sense to pressure the governments to convert the plant into a factory to deal with the pandemic crisis. Given the urgency of the situation, however, there could at least have been reference to seizing the plant by the workers. Seizing the plant could easily have been justified as necessary in order to save lives.

Such seizure, it seems, is probably impractical for a number of reasons. Firstly, the workers themselves have probably been demobilized (moved on to other jobs if they can find them), or they may have abandoned any hope of working at the plant again; others may have accepted a retirement package. Secondly, even if they seized the plant, financing for retooling seems to be beyond their collective means–hence, the need to rely on the government for funding.

However, at least the possibility of seizing the plant and the legitimacy of doing so should have been raised in order to highlight the discrepancy between the real needs of people, the lack of action by the governments and the class power of employers. After all, in normal times, the needs of those who cannot pay are neglected, and the needs of workers for safe working conditions are often neglected as well. Focusing exclusively on what is practical in the situation resulted in another lost opportunity to open up a conversation about the legitimacy of the current economic and political structures.Rather than using the situation as an opportunity to at least point out the legitimacy of seizing the plant–they focus exclusively what is immediately practical. Such “realism” is hardly in the best interests of the working class and of the community.

Mr. Hurley is the person who comes closest to showing such discrepancy, but he limits his criticism to the present governments of Ontario and Canada rather than to the limits of an economy characterized by a dictatorial structure and a modern state characterized, on the one hand, by merely formal equality between “citizens” that often assumes a repressive form (by the police and the courts, for example) and, on the other, a hierarchical dictatorship characteristic of the employer and employee relation within government or the modern state.

The presenters did not use the situation as an opportunity to link the particular–and urgent–problem of a society capable of producing needed medical equipment–to the general problem of a society that excludes not only the needs of people for various goods and services–but also the needs of workers to control their own working lives.

It is true that Mr. Hutt does refer to a third component of a people’s bailout–a reimagined society–but it is more like a social-democratic reimagining more than anything else–and it is utopian. To call for a society that is safe would require the elimination of the power of employers as a class. After all, workers are means for the benefit of employers, and as means their safety is always in jeopardy (for the necessary treatment of workers as means for the benefit of the class of employers, see The Money Circuit of Capital; for the issue of safety, see for example Working for an Employer May Be Dangerous to Your Health, Part One).

As for Mr. Hutt’s call for stability, that too would require the elimination of the power of the class of employers since investment decisions are made for the purpose of accumulating more profitable capital, and such an accumulation process often leads to crises in production and exchange (through overproduction and hence unemployment. Employers also introduce machinery into workplaces, reducing the demand for workers. Since workers are the basis for profit, though, the situation is again ripe for an economic crisis since the production of such a profit requires increasing the exploitation of workers who do work while keeping down their wages through increasing unemployment–overwork for those who work and little work for the unemployed.

Furthermore, given the repressive nature of the employers (see, for example, Employers as Dictators, Part One) and the government (see for example Socialism, Police and the Government or State, Part Two), many peoples’ lives are hardly experienced as stable.  Mr. Hutt’s reference to stability rings hollow.

Does Mr. Hutt really believe in the elimination of a class of employers? The elimination of classes would be what is needed to live a safe and stable life within the limits of the natural world and the limits of our own created world, He nowhere says so. In fact, it is probable that Mr. Hutt believes in the reconstruction of a welfare state–capitalism with a human face. His reference to “good, well-paying unionized jobs” is what is probably the aim–“decent work,” “a fair contract,” and “free collective bargaining.” I have criticized these ideas in earlier posts, so readers can refer to them in order to see their limitations.

Mr. Hutt’s reference to a zero-carbon economy also fails to meet the problem of the infinite nature of the nature of the capitalist economy and the limited earth on which we live. Even if the capitalist economy moves to a zero-carbon economy (free of the use of fossil fuels), the infinite nature of capitalist accumulation would undoubtedly continue to rape the planet (see The British Labour Party’s 2019 Manifesto: More Social Democracy and More Social Reformism, Part One).

One final point to reinforce the previous post: nationalization and reliance on the modern government and state, typical of the social-democratic left, are hardly democratic. For real democracy and not just formal democracy to arise, it would be necessary to dismantle the repressive nature of the modern government or state. As George McCarthy (2018) remarks, in his book Marx and Social Justice Ethics and Natural Law in the Critique of Political Economy, page 279:

Following closely the military and political events surrounding the [Paris] Commune, Marx recognised very quickly that some of his earlier ideas about the socialist state contained in the Communist Manifesto (1848) were no longer relevant: ‘[T]he working class cannot simply lay hold of the ready-made state machinery, and wield it for its own purposes’.18 The state is not an independent and neutral political organisation capable of yielding power for one class and then another; it is not simply an issue of gaining control over the state and then implementing economic and social reforms. Rather, the republican state, utilising its political and legal apparatus, is an oppressive mechanism of social control preserving the class interests of the bourgeois economic system, and this, too, would also have to be restructured. Continuing arguments from On the Jewish Question (1843), Marx contends that the role of the French state was to maintain the economic and political power of the propertied class: ‘[T]he state power assumed more and more the character of the national power of capital over labour, of a public force organised for social enslavement, of an engine of class despotism’. Therefore, with this in mind, the Commune’s first actions were to dismantle the various component parts of the French state, including the army, police, bureaucracy, clergy, and the judiciary. Thus an entirely new form of government would have to be constructed that conformed to the socialist ideals of human emancipation and political freedom.

To talk of “democratic public ownership” in the context of a sea of economic dictatorship both within and outside the modern government or state stimulates high expectations that are bound to be dashed in the real world.

The earlier call by Green Jobs Oshawa was to nationalize the plant and to produce electric vehicles may seem also to make sense, but I will address this issue in another post in reference to the Socialist Project’s pamphlet Take the Plant–Save the Planet: The Struggle for Community Control and Plant Conversion at GM Oshawa. 

Addendum:

The above post was posted at 1:00 a.m., Friday, April 24. In the afternoon, it was announced that the GM Oshawa plant would indeed be retooled to produce a million masks a month for essential workers (see GM Oshawa plant will now produce millions of masks following worker mobilization: CUPE Ontario). The federal Trudeau government and GM signed a letter of intent to that effect. The response from one of the unions that represent front-line hospital workers–the Canadian Union of Public Employees (CUPE):

 “We mobilized our community through a petition and public events and it goes to show that collective action works. This unprecedented victory is now an opportunity to push the Ford Conservatives to also retool private companies to produce what Ontarians need.”

To produce what Ontario needs: What does that mean? They are probably  referring to the production of needed medical equipment:

“The Ford Conservatives need to learn from this example and order the private sector to ramp up production of these supplies – or retool factories if necessary,” said Fred Hahn, President of CUPE Ontario, highlighting feeder plants and other manufacturing facilities across the province. “They’ve had no problem unilaterally issuing orders that override the freely-negotiated collective agreements of front-line workers. They now need to use their power to order the immediate production of PPE for everyone who needs it.”

The use of the abandoned GM Oshawa plant for the production of medical equipment is indeed a victory–this is vital if frontline workers are to be protected from the coronavirus.

It should be noted, though, that this victory is probably a short-term victory. The urgent need for masks for frontline workers, as I pointed out above, could have been used to justify at least theoretically the seizure of the GM Oshawa plant by the workers who used to work there. Since the call for using the GM Oshawa plant and the retooling needed are separated from any reference to the legitimate right of the workers to seize the plant, when the need for the production of masks no longer exists, the plant will probably revert to its former status as an abandoned capitalist factory. The workers will have a difficult time justifying the continued maintenance of production at the plant given their short-term victory. Indeed, given that the form of the announcement is a letter of intent between the federal government and GM, shifting production to masks, in the eyes of many, will probably be viewed as a result of actions by government and employer rather than by workers and unions.

Another problem is that it is unclear who will be rehired to produce the masks, and how many will be rehired.

The urgency of the need for medical equipment is short-term–but it should have been used for long-term gains. Instead, an opportunity for shifting public opinion towards the legitimization of the seizure of workplaces by workers has been squandered.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SOLIDARITY RALLY HIGHLIGHTS NEED FOR WORKING CLASS UNITY

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

The Silences of the Social-Democratic Left

I had two recent conversations with social democrats on two different (though undoubtedly related topics).

The first conversation is a representative of Canadian Union of Public Employees (CUPE) Local 4400 (education workers). The Local’s website indicates the following:

Toronto Education Workers/Local 4400 is made up of approximately 12,000 Education Workers who primarily work within the Toronto District School Board; Childcare Workers from various Childcare Centres and Caretakers from Viamonde French Board.

Representing over 400 Job Classifications, and over 1,000 Worksites.

They were set to go out on strike in the context of major budget cuts for school funding due to retrenchment by the Conservative provincial Ontario government of Doug Ford.

Duane Kennedy, Unit D Steward Co-Ordinator for Local 4400, made the following comment on a Facebook page:

Duane Kennedy Too bad they couldn’t get it right , we will strike not for new bargining dates it will be for a fair contract

I am unsure what he was referring to in relation to “new bargaining dates.” It may be to the title of a video and an accompanying textual explanation that is related to a video link on the Facebook page:

CUPE says strike next week if no dates scheduled

The union that represents school support staff says they will walk off the job next week if the province doesn’t agree to more talks

I asked the following:

Fred Harris What is a fair contract? Collective agreements limit the power of employers to dictate to workers, but they do not eliminate the power of management to dictate to workers what to do.

I guess it is fair for employers to treat workers as things?

The response was–silence. Why is that? Was my question out of line? Was it inappropriate? Did it express, as CUPE Local 3902 executive director Wayne Dealy indicated when I brought up the issue of whether working in a capitalist brewery constituted “decent work,” , the rantings of a “condescending prick?”

Or is it perhaps that union reps use the phrase “fair contract” without facing up to the fact that management has the power to dictate to workers in various ways whether there is a collective agreement or not?

Let us consider a couple of collective agreements between CUPE Local 4400 and the Toronto District School Board.

COLLECTIVE
AGREEMENT
Between
Toronto District School Board
And
Local 4400,
Canadian Union of
Public Employees
UNIT C
September 1, 2014 – August 31, 2019

Page 66 of this collective agreement has the following clause:

ARTICLE D – MANAGEMENT RIGHTS
D.1 The Union recognizes that it is the right of the Employer to exercise the
generally recognized regular and customary functions of management and
to direct its working forces. The Employer agrees not to exercise these
functions in a manner inconsistent with the provisions of the Collective
Agreement.

As I have indicated in other posts, the management rights clause gives management (as representative of the employer) far-ranging powers to direct workers as it sees fit. The collective agreement limits that power but in no way calls that power into question.

Consider another collective agreement for the same local:

COLLECTIVE
AGREEMENT
Between
Toronto District School Board
And
Local 4400,
Canadian Union of
Public Employees
UNIT D
September 1, 2014 – August 31, 2019

Page 66 of this collective agreement has the following clause (identical to the other collective agreement):

ARTICLE D – MANAGEMENT RIGHTS
D.1 The Union recognizes that it is the right of the Employer to exercise the
generally recognized regular and customary functions of management and
to direct its working forces. The Employer agrees not to exercise these
functions in a manner inconsistent with the provisions of the Collective
Agreement.

How are these collective agreements (collective contracts) fair contracts? Why did not the CUPE union rep not respond to my question? My hypothesis is that–he could not. The term is a cliche for union reps, used to justify their activity of limiting their criticism of an employer to–an employer. They do not question the power of employers to direct workers in general but only wish to limit that power.

For a collective agreement to be fair, it would be necessary to show that managerial power to direct work forces as it sees fit (subject to the collective agreement) is fair. Where is there such a justification?

Where is there a fair contract? Can union reps provide examples of such a contract among regular workers? I would like to see such an example so that I know what they are talking about. Would you not like to see some examples so that we have a target that we can aim at?

This idea of a fair contract is, frankly, bullshit. It does not deal with–and cannot deal with–the daily lives of workers in unionized environments. Workers are subject, in various ways, to restrictions on their lives. How is that fair? The power of managers to dictate what to do, when to do it, how to do it and how much to produce (legally although certainly not always factually) leads to various kinds of injustices–up to and including the injury and death of workers.

Another “conversation” I had (really, a monologue–such is democracy these days) was about a 57-year old man, Enrico Miranda, who was killed in a capitalist factory (Fiera Foods) here in Toronto. He had been working for a temporary-worker agency for about ten years, five of which were for the industrial bakery Fiera Foods, located in As Mr. Miranda cleaned a machine, he was crushed by it and died.

A community organization called the Jane and Finch Action Against Poverty (JFAAP), located in the Jane and Finch neighbourhood of Toronto (one of the poorest neighbourhoods in Toronto), organized a rally (along with some union members) to protest the fifth killing of temporary workers at the capitalist factory in the past 20 years. (The factory is located about six kilometers from Jane Street and Finch Avenue, in North York, Toronto, Ontario, Canada.) Seventy percent of its workforce consists of temporary workers. Many are hired through temporary agencies.

In Ontario, when temporary workers are injured on the job and are employed by temporary agencies, the premiums of employers who hire workers from temporary agencies and who pay into workers’ compensation are unaffected since they are not considered to be the employer but rather the temporary agency. It is, in effect, a way of avoiding to pay higher premiums in the case of injuries to workers.

On their Facebook page, JFAAP posted:

Posted @withrepost • @mayworkstoronto Another temp worker death at Fiera Foods. The 5th worker killed while on the factory floor of this company. Up to 70% of this company’s workers are temp workers, twice as likely to be injured on the job as full employees. Fiera has had more than 150 health and safety violations. When Enrico Miranda was killed last week, Fiera Foods did not even stop production. Under Canada’s Criminal Code, Fiera Foods should be held criminally responsible. ‘Kill a worker, go to jail.’ #canlab #fierafoods #onpoli
Funeral fund to support the family: https://www.gofundme.com/f/funeral-help-for-tay @ Fiera Foods

I made the following comment:

Fred Harris “Kill a worker, go to jail”: a fitting slogan, but how is it going to be achieved? It would require much more power than at present among communities and the working class. How, for example, to prevent the whittling down of legislation to make corporations criminally responsible for deaths (see Stephen Bittle’s work on the whittling down of such legislation after the Westray mine deaths).

The response was–silence. It is all very good to make demands that are needed by people, but unless we can find a way of actually realizing such demands, they are mere wishes. The social-democratic left often resort to such wishful thinking rather than facing up to the power required to realize certain demands. That power is–class power, not just “community power” (although the two could go hand in hand).

In another post, JFAAP posted:

No photo description available.

My comment: Fred Harris Fiera certainly should be criticized, but are all these “accidents” due to the use of temporary workers? Could they not be the result of a combination of the use of such temporary workers and the more general fact that workers are things to be used by employers? By the fact that workers are “costs” (with a price) for employers?

Or are the approximately 1,000 deaths at work in Canada mainly due to the use of temporary agencies?

Also, can labour laws ever really protect workers in the context of a society driven by the pursuit of profit?

The response was–silence.

JFAAP’s response reminds me of all those movies and television programs (including Netflix, of course), where there is one or a few “bad cops,” and yet the police in general are treated as good. Fiera Foods certainly is worse as an employer in terms of health and safety than many other employers–but what of all the other employers whose health and safety records are better? Why not criticize them? Why let them off the hook on a daily basis?

This attitude of criticizing a particular employer and not employers as a class (just like the criticism of a particular cop rather than the police as such) can be called “the bad apple syndrome.”

It is much easier to criticize particular employers than it is to criticize employers as a class.

Or are my concerns just the concerns of an “insane” person (as Errol Young, a member of JFAAP, once called me)? Or are my concerns a reflection of the fact that I am a  “condescending prick” (as a representative of CUPE Local 3902, Wayne Dealy, once called me)?

Or is it that both union reps and reps from community organizations refuse to face up to the limited effectiveness of their concepts of justice and fairness? That they refuse to consider the class power of employers and how that situation in general is unfair?

What do you think?

 

Management Rights, Part Six: Public Sector Collective Agreement, British Columbia

I thought it appropriate to include a collective agreement of the place where I used to work. I worked as a bilingual library technician at the District Resource Centre of School District No 57, Prince George, British Columbia for about two and a half years. I was also the union steward at the board office and participated as a member of the bargaining committee in collective bargaining.

Unlike the social-democratic left, I hardly found my working experience there to be “decent” (as in “decent work,” a phrase used by the social-democratic left often enough, without explaining what they mean by it). Being riveted in front of a computer screen day after day became boring and oppressive. In the old collective agreement (in the early 1990s), it was the Operating Engineers Union, Local 858, that represented the workers. In that collective agreement, those who worked in front of a computer screen could do alternative work for ten minutes per hour. I began to exercise that right and did some clerical work (affixing labels to items, for example). Needless to say, this created an implicit friction between my immediate supervisor, Carrie Yuen-Lo, and me since it interfered with management’s decision-making power to determine what I and my fellow workers were to do.

Interestingly enough, other workers who worked in front of computer screens did not use this right to escape from being in front of the computer screen for hours on end without a break. Perhaps they enjoyed their work so much that they felt no need to take a break. Or perhaps they felt intimidated and feared making waves. I will let the reader decide which was the more probable reason.

Should workers comply with collective agreements out of necessity (because their enemy has more power than they do–for now), or should they comply with them because it is the “decent” or right thing to do? Union reps have few if any answers to this question. Why is that?

From

AGREEMENT
BETWEEN
THE BOARD OF SCHOOL TRUSTEES OF
SCHOOL DISTRICT NO. 57 (PRINCE GEORGE}
AND
CANADIAN UNION OF PUBLIC EMPLOYEES
LOCAL 4991
JULY 1,2014 TO JUNE 30,2019

page 5:

ARTICLE 4 • MANAGEMENT RIGHTS
4.01 The Union recognizes the right and responsibility of the Board to manage and
operate the school district, and agrees that the employment, assignment, direction
and determination of employment status of the work force Is vested exclusively in the Board, except as otherwise specifically provided in this agreement Of applicable legislation.

4.02 It is mutually agreed that no third party Shall have the right to amend, modify or expand the provisions of the collective agreement and any Issue arising during the term of the agreement on which the Board has not specifically agreed to some limitation on the exercise of its authority will be conclusively determined by the judgement of the Board until otherwise established through subsequent collective bargaining.