Management Rights in a Spanish Collective Agreement: An Expression of “Free Collective Bargaining” or the Dicatorship of Employers?

There are undoubtedly variations in the rights of workers from country to country, but the fundamental principle of the power of employers as a class is constant. This power is often implicit but also often is expressed more explicitly–even in collective agreements between employers and unions.

For example, the following is taken from the collective agreement for offices between the General Union of Workers (Unión General de Trabajadores (UGT)), the Workers’ Commissions (Comisiones Obreras (CCOO)), and the Madrid Business Confederation (la Confederación Empresarial de Madrid–CEOE) (CEIM)), dated January 1, 2019-December 31, 2021:

page 6 (my rough translation) (the original in Spanish is included afterwards):

Chapter 2–Organization of Work and Functions

Article 8: General Principles

  1. The practical organization of the work, subject to this collective agreement and the current social legislation in force, is the exclusive capacity of the management of the enterprise.

A further clause also expresses the power of the employer in relation to the employees (page 28):

Chapter 10–Code of Conduct

Article 44: Disciplinary Regime 

  1. The capacity to impose discipline corresponds to the management of the enterprise or to persons delegated for that purpose.

Is this an expression of a democratic society? If democracy is a way of life and not just formal voting for political representatives, do such clauses in collective agreements (which are normally superior to non-unionized implicit employment contracts in terms of provisions for workers) express democracy? Or do they express dictatorship–a dictatorial way of life? See, for example, The Money Circuit of Capital or Employers as Dictators, Part One.

Is this a good example of what union reps mean by “free collective bargaining?” “Good contracts?” “Fair contracts?” “Decent work?” What do you think?

Spanish Original

CAPITULO II – ORGANIZACIÓN DEL TRABAJO Y FUNCIONES

Art. 8º.- PRINCIPIOS GENERALES.

1. La organización práctica del trabajo, con sujeción a este Convenio Colectivo y a la
legislación social vigente, es facultad exclusiva de la Dirección de la Empresa.

CAPITULO X – CÓDIGO DE CONDUCTA

Art. 44º.- RÉGIMEN SANCIONADOR.

1. La facultad de imponer las sanciones corresponderá a la dirección de la empresa
o en las personas en quien delegue.

Defense of Aggressive Wars and Idealization of Capitalist Society Often Go Hand in Hand

I am including the following short conversation on Facebook about the assassination of General Qasem Soleimani of Iran by the United States military.

A question: Do you think that those who remain uncritical of the power of employers as a class, when push come to shove, would oppose war perpetrated by their own country? Cory Bryan’s response to the assassination may aid in answering that question.

Global Day of Protest

Saturday, January 25

No War On Iran!

On Saturday, January 25 in cities across the globe, there will be protests against a new war in the Middle East. Please join us.

Cory Bryan Really!!!, Iran will take us out in a minute, if given the chance. This is the only thing I stand by Trump for,, and if they retaliate the Country should be wiped up !!!!,,,,period .

Fred Harris The American government has been a terrorist government for decades. Failure to recognize this then leads to such views as expressed by Cory Bryan. For example, in Guatemala in 1954, the CIA aided in the overthrow of the democratically-elected government of Jacobo Arbenz, which eventually resulted in the slaughter of over 200,000 Guatemalans by the Guatemalan military.

Of course, those who talk of “fair contracts,” “decent work,” and the like also contribute to such views as expressed by Cory Bryan because they idealize the American (and Canadian) economy.

Those who oppose war should, logically, oppose the power of employers as a class since foreign policy is linked to such power. However, social democrats who oppose particular wars (such as the possible war with Iran) illogically idealize the kind of society in which we live.

Cory Bryan Fred Harris Sorry Fred I am a vet, been to fight and peace keeping. I did answer the call was in their land seen their ways and felt their brutality and views come from what I learned and seen as a young soldier, make no mistake Iran doesn’t care for or about any of us. If you think they are free and want peace !!, is a fool when we where there in the 80’s to deal with the devil and take him out , we should of continued to take Iran a government mistake because of oil ,,,

Fred Harris The American government does not care for any of us. American workers are not free.

In Canada, around 1,000 workers die at work every year, with over 600,000 injuries. Unrecognized casualties of the dictatorship of employers.

Furthermore, see the following work (quoted from my blog–the author is American) (oh, is American freedom not so great so that “we” would defend such freedom with our lives? Fools are those who fail to look at the social and economic context of their own lives):

Elizabeth Anderson, in her book Private Government: How Employers Rule Our Lives (and Why We Don’t Talk About It) questions the assumption of the social-democratic or reformist left by pointing out how the power of employers resembles the power of communist dictators (pages 37-39):

Communist Dictatorships in Our Midst

Imagine a government that assigns almost everyone a superior
whom they must obey. Although superiors give most inferiors a
routine to follow, there is no rule of law. Orders may be arbitrary
and can change at any time, without prior notice or opportunity
to appeal. Superiors are unaccountable to those they order
around. They are neither elected nor removable by their inferiors.
Inferiors have no right to complain in court about how they
are being treated, except in a few narrowly defined cases. They
also have no right to be consulted about the orders they are given.

There are multiple ranks in the society ruled by this government.
The content of the orders people receive varies, depending
on their rank. Higher- ranked individuals may be granted
considerable freedom in deciding how to carry out their orders,
and may issue some orders to some inferiors. The most highly
ranked individual takes no orders but issues many. The lowest-ranked
may have their bodily movements and speech minutely
regulated for most of the day.

This government does not recognize a personal or private
sphere of autonomy free from sanction. It may prescribe a dress
code and forbid certain hairstyles. Everyone lives under surveillance,
to ensure that they are complying with orders. Superiors
may snoop into inferiors’ e- mail and record their phone conversations.

Suspicionless searches of their bodies and personal
effects may be routine. They can be ordered to submit to medical
testing. The government may dictate the language spoken
and forbid communication in any other language. It may forbid
certain topics of discussion. People can be sanctioned for their
consensual sexual activity or for their choice of spouse or life
partner. They can be sanctioned for their political activity and
required to engage in political activity they do not agree with.
The economic system of the society run by this government
is communist. The government owns all the nonlabor means
of production in the society it governs. It organizes production
by means of central planning. The form of the government is
a dictatorship. In some cases, the dictator is appointed by an
oligarchy. In other cases, the dictator is self- appointed.
Although the control that this government exercises over
its members is pervasive, its sanctioning powers are limited. It
cannot execute or imprison anyone for violating orders. It can
demote people to lower ranks. The most common sanction is
exile. Individuals are also free to emigrate, although if they do,
there is usually no going back. Exile or emigration can have
severe collateral consequences. The vast majority have no realistic
option but to try to immigrate to another communist
dictatorship, although there are many to choose from. A few
manage to escape into anarchic hinterlands, or set up their own
dictatorships.

This government mostly secures compliance with carrots.
Because it controls all the income in the society, it pays more to people who follow orders particularly well and promotes them
to higher rank. Because it controls communication, it also has
a propaganda apparatus that often persuades many to support
the regime. This need not amount to brainwashing. In many
cases, people willingly support the regime and comply with
its orders because they identify with and profit from it. Others
support the regime because, although they are subordinate to
some superior, they get to exercise dominion over inferiors. It
should not be surprising that support for the regime for these
reasons tends to increase, the more highly ranked a person is.
Would people subject to such a government be free? I expect
that most people in the United States would think not.
Yet most work under just such a government: it is the modern
workplace, as it exists for most establishments in the United
States. The dictator is the chief executive officer (CEO), superiors
are managers, subordinates are workers. The oligarchy that
appoints the CEO exists for publicly owned corporations: it is
the board of directors. The punishment of exile is being fired.
The economic system of the modern workplace is communist,
because the government— that is, the establishment— owns all
the assets,1 and the top of the establishment hierarchy designs
the production plan, which subordinates execute. There are no
internal markets in the modern workplace. Indeed, the boundary
of the firm is defined as the point at which markets end and
authoritarian centralized planning and direction begin.2

Most workers in the United States are governed by communist
dictatorships in their work lives.

Fred Harris In addition, you may want to check out the book “Void where Prohibited: Rest Breaks and the Right to Urinate on Company Time,” by Ingrid Nygaard and Marc Linder. They show how many American workers do not even have the legal right to urinate on company time–such is the freedom of the American worker.

Tina Robin Faibish

Statement on Assassination of Qasem Soleimani and its AfterMath

Cory Bryan Tina Robin Faibish love you as a person sweetie your heart is god ,,, but that man was a bad and calculated General
Hide or report this
Fred Harris And Trump is not bad? Should he not be assassinated? What of Ronald Reagan? When I was in Guatemala in 1980, one of my Spanish teachers was afraid that he would be elected. He was–and she was right to be afraid. In 1981 and 1982, the Guatemalan military began to slaughter the indigenous population–and suppress in various ways any opposition. Reagan was a mass murderer.
Tina Robin Faibish Cory Bryan it’s not about the leader it’s about the innocent people including women and children who will be collateral damage. We must always fight for those with no voice!
Cory Bryan Tina Robin Faibish I do believe that; yes. But if you watch the protest and marches many of those that would be in harms way. Really don’t care bout you and me, we are collateral to them as well even the women and children feel this way bout westerns Canadian or Americans
Fred Harris Tina Robin Faibish But we must also criticize the “leaders”–who often make decisions that lead to human slaughter.

Employers as Dictators, Part Three

The social-democratic left in Toronto, undoubtedly like social-democratic reformists throughout the world, continue to ignore criticisms of their attempt to equate positive reforms with the realization of adequate forms through such rhetoric as “decent work.”

Consider Elizabeth Anderson’s critique of the power of employers, page 130:

Private government at work embeds inequalities in authority,
standing, and esteem in the organizations upon which people
depend for their livelihood. Those consigned to the status of
wage worker for life have no real way out: while they can quit
any given employer, often at great cost and risk, they cannot
opt out of the wage labor system that structurally degrades and
demeans them.

The social-democratic left, however, create all kinds of euphemisms for this fact of economic dictatorship: “decent work,” “fairness,” “fair contracts,” “economic justice,” “fair compensation”  and the like. In a recent post on Facebook by Tina Faibish (president of local 552 of the Ontario Public Service Employees Union, or OPSEU), for example, we read: “Willowdale wants decent work!”: There are people with signs saying “Minimum wage of $15 and decent work for all.” The signs also say “$15 and Fairness.”

We certainly need to fight for a higher minimum wage and improved working conditions, but why is it that the social-democratic left need to embellish such demands with such absurd claims as “decent work” and “fairness”? They apparently cannot even face the reality that employers dictate to workers every day in one way or another and that the daily lives of workers, whether they receive a higher minimum wage and improved working conditions, is decidedly not decent work and not fair.

The social-democratic left, however, would have to make a radical break with their own ideology. They, however, undoubtedly will cling to their ideology all the more in order to fend off having to face up to the reality which most people face on a daily basis. They seem incapable of dealing with that reality. They either react with hostility against those who criticize their reformist ideology (calling their critics “condescending pricks,” for example), or they will remain silent.

Thus, I made the following comment on Facebook about the issue of decent work:

Such low expectations–working for an employer=decent work? Good luck being used as a thing for employers–with or without a collective agreement. Management clauses (implicit or explicit in collective agreements) enable management–a minority–to dictate to the majority. Such is decent work in a society dominated by employers–a lack of economic democracy and the existence of dictatorship.

The response by the social-democratic left? Silence. They refuse to consider that they share the same assumptions as their conservative opponents, namely, that working for an employer can be fair and decent.

Furthermore, there is a contradictory view of whether working for an employer is decent. Thus, on the Toronto Airport Workers’ Council Facebook page, there is reference to the death of an airport worker, 24-year old Kenrick Darrell Hudson, in Charlotte Douglas International Airport in Charlotte, North Carolina on August 12, 2019, where a luggage vehicle flipped, pinning the worker and killing him:

Sending love and solidarity from YYZ to the friends, family, and coworkers of the worker that lost his life last night in Charlotte.

Work smart, stay safe, and look out for one another. Airport workers across the globe share the same goal, we all want to go home safely at the end of the day.

It is difficult to see how the goal of going “home safely at the end of the day” can be achieved under conditions dictated by a class of employers and the ultimate goal of profit. After all, human beings are means to the end of profit and not their own ends (see The Money Circuit of Capital). Indeed, in a video presentation of the airport, one construction worker pointed out that “It’s like a racetrack out there” (Airline employee killed after luggage vehicle flips).

Ironically (and sadly), a few days after TAWC sent the above message to workers and family in Charlotte, North Carolina, there was an accident at the Toronto Pearson International Airport:

INCIDENT Baggage handler trapped under a tractor. Extricated by Toronto Pearson Fire. Transported to trauma centre by Peel Paramedics with serious injuries. Scene being held for investigation. Occurred on the ramp between T1 & T3.

How can safety ever be first when profit is the priority? When human beings are “costs” like other things? Was the work of that dead employee decent work before the accident but not decent afterwards? How can work be decent if it involves the possible injury of workers due to social conditions over which they lack control?

Social democrats should answer these questions, should they not?

Employers as Dictators, Part Two

Union reps typically refer to fair compensation in order to justify their short-term actions. Of course, there is nothing wrong with short-term goals as such, but when they are presented as the same as what should be a long-term goal (fairness and freedom), then such goals become an ideology that justifies the power of employers as a class.

Contrast, for example, the following quote from Ms. Anderson’s book and a discussion I had with a union rep.

From Elizabeth Anderson, Private Government: How Employers Rule Our Lives (And Why We Don’t Talk about it), page 40:

I expect that this description of communist dictatorships in our midst, pervasively governing our lives, open to a far greater degree of control than the state, would be deeply surprising to most people. Certainly many U.S. CEOs, who think of themselves as libertarian individualists, would be surprised to see themselves depicted as dictators of little communist governments. Why do we not recognize such a pervasive part of our social landscape for what it is? Should we not subject these forms of government to at least as much critical scrutiny as we pay to the democratic state?

The social-democratic left do not engage in “critical scrutiny” of the “forms of government” of employers. Rather, they use as their standard improved working conditions relative to immediate working conditions–but they leave out any reference to the need to critique the dictatorship of employers.

Thus, I had a conversation with a union rep on Facebook–Dave Janssen–on the issue of fair compensation. Mr. Janssen, according to the Facebook page, “is an integral leader with the TAWC [Toronto Airport Workers’ Council] and the IAMAW [International Association of Machinists & Aerospace Workers] . He continuously strives to improve safety standards and the overall working conditions for the 49,000+ workers at Toronto Pearson [International Airport].”

Here is the following conservation:

Dan Janssen is at Toronto Pearson International Airport.

June 23 at 1:59 PM · Mississauga ·

Today was the Safety Expo event at Terminal 3 for the Canadian Airports Safety Week. It was a great opportunity to speak to my coworkers at YYZ [Toronto Pearson International Airport] about the importance of coming together to improve working conditions. Amazing to see so much support for flight attendants, as they need a change to federal labour laws that will ensure they are fairly compensated for their work. TAWC: Toronto Airport Workers’ Council [Facebook page]

9 Comments

Fred Harris What determines being “fairly compensated?” Can labour laws really ever “ensure they are fairly compensated?” Or is this an illusion? A cliche? Can any amount of money be considered “fairly compensated” when the people receiving the money are used as things for other persons’ purposes?

Please explain what “fairly compensated” means. Otherwise, the reference to “fairly compensated” is a cliche and does workers a disservice.

Dan Janssen For flight attendants, being fairly compensated means actually being paid for hours worked. The current model used around the world allows FAs to be paid only when the door of the aircraft is closed prior to pushback, not for any time spent prior to the flight departing.

Fred Harris It is more fairly compensated if they are paid for hours worked. How is it fairly compensated if they receive such pay?

When I worked in a brewery, we were paid for hours worked according to that definition (of course, not for travel to and from work). If we were paid for travel time and for hours worked, would we then have been fairly compensated?

I fail to see how that can be so. Firstly, we were things to be used by employers for the end of profit–no matter what our current pay. Secondly, of course the question arises: where does the profit come from except from the workers’ labour in the first place.

Thirdly, even if there were no profit, flight attendants would still be things to be used for purposes external to their own lives; it is not they who democratically control their own working lives.

Fourthly, flight attendants operate within a social division of labour that is determined by the general structure of the economy. They are not free to choose different kinds of activities, within the limits of their time and abilities and those of other workers because they are economically dependent on an employer.

They are unfree in various ways.

Fighting for higher earnings is always necessary–to refer to “fairly compensated”–that does workers a disservice. How can any compensation be adequate to such a lack of freedom when working for an employer?

Dan Janssen I see where you are coming from. This campaign for fair compensation has been resonating with all of our coworkers in support of flight attendants since it was launched. We are open to suggestions if you would like to put forward any ideas.

Fred Harris My suggestion is: cease referring to it as fair compensation. Use the relative term “fairer” and explain why there can be no such fair compensation. Explain that workers deserve much more than that–to control their own working lives and that a fight for increasing compensation for flight attendants is one step in a link of steps to eliminate the power of employers over workers and over our lives in general.

In other words, what is needed is an approach that links up, explicitly, one particular fight against employers with a general fight against employers.

Another aspect would be to start a discussion–or campaign–to question both explicit and implicit management clauses in collective agreements. Why do they exist? Why do employers have such power? What are the implications of managerial power for the limitations of legal union power?

What of collecting several management rights clauses in various collective agreements at the airport and having discussions over such clauses via emails, to the general membership, asking them what they think about this power? What of steward training that shows the limitations of collective agreements in relation to the power of unions?

Why not expand such discussions by linking them to other aspects of power by employers (their legal power, their political power, their social power and so forth)?

Fred Harris Any responses to the suggestions?

Dan Janssen Yes Fred, please come out to one of our TAWC open meetings and put your ideas forward to the council to be actioned. Our meetings are open to all airport workers, unionized or not and anyone can bring forward ideas, events, actions, etc. Decisions are made as a group. Message the page with your email and we will add you to our email list.

Fred Harris Another suggestion: Have a discussion (both among union reps and among the general membership of various unions) concerning the lack of discussion about the origin and nature of employers in the Ontario history curriculum (and the origin and nature of employees, of course, since employers without employees is impossible).

In other words, have a discussion about this issue in order to counter the silent indoctrination of hundreds of thousands of students concerning their probable future lives as subordinates to the power of the class of employers–unless they organize not only to oppose that power but to overcome it.

Fred Harris Not really feasible. I already attempted to question the idea of $15 and Fairness” at a public forum, and despite raising my hand a number of times to ask a question, I was not recognized by the chair–Sean Smith.

Secondly, I have experienced hostility by union members (rather, union reps) before concerning such ideas. I doubt that my ideas would be taken seriously if I broached the issue.

To be fair to Mr. Janssen, he did invite me to attend the Toronto Airport Workers’ Council (TAWC), but as I indicated above, in a public forum, I was not recognized by Sean Smith (a member of another union, Unifor), and Mr. Smith is a member of TAWC. Indeed, on the TAWC Facebook page, along with Mr. Janssen and others, there is a short passage about Dan Janssen and Sean Smith : ” Sean Smith (UNIFOR) and Dan Janssen (IAMAW) spent some time going over the history, past actions and structure of the Toronto Airport Workers’ Council to a captive audience of MAN [Manchester International Airport) workers from various companies and job functions.”

Although it is possible that Mr. Smith inadvertently did not recognize me when I raised my hand several times to ask the question about why the campaign for $15 and “Fairness” had the campaign linked to the concept of fairness, I am skeptical about such a view. I was sitting on an end chair in a direct line of sight with Mr. Smith. Furthermore, when one of the members of the audience who was instrumental in campaigning for the $15 and “fairness” raised her hand (Pam Frache), she was not only recognized by the chair but spoke for much longer than normal.

Given my skepticism about Mr. Smith’s attitude towards my views, and given the close relation between Mr. Smith and TAWC, it is unlikely that my views would be taken seriously at such meetings. Mr. Janssen’s invitation, then, though it may look democratic, may be less so.

Or perhaps I am wrong. Should I attend such meetings despite the probable ridicule of my views? What do you think? Any suggestions about what should be done?

Social Democracy or Social Reformism and Trade Unionism: Their Social Limitations and Methodology, Part One

This will be a two-part post, with the second part being a brief focus on the inadequate methodology of social democrats and trade unionists. The radical left need to take measures against such inadequate methodology. I demonstrate briefly their inadequate methodology by referring to John Dewey’s philosophy of human nature and contrast it with one implicit social-democratic view that limits consideration to the immediate human body without taking into consideration the wider context within which the human body operates and lives.

The first part focuses on a discussion I had on Facebook a few weeks ago about the issue of a law passed in Ohio, the United States, which prevents girls who are raped (sexually abused) from having an abortion. I am certainly opposed to such a law, but it is insufficient to simply condemn such a law. It is necessary to understand how such a law could be formulated in the first place if we are to prevent the emergence of such laws (and worse) in the future. Social democrats and trade unionists, however, often merely react with gut feelings that are inadequate to the task of opposing on a wider basis the roots of such laws (and policies related to such laws).

Below I paste a copy of the conservation on Facebook. It is instructive in how limited the view of social democracy or social reformism and trade unionism really is and how ineffective as a consequence their responses will be. It is also instructive how such limitations arise from a typical method that social democrats or reformists and trade unionists use.

To be sure, social democrats or reformists and trade unionists may prevent, on occasion, the formulation and passing of such laws, but since they never address the roots of such laws, they will inevitably be incapable of eradicating the conditions for such laws to arise in the first place.

Tina Faibish, who is the main discussant below, is president of local 552 of OPSEU (Ontario Public Service Employees Union).

Here is the discussion, including my reply. After my reply, there was–silence.

chicagotribune.com


The story of Should 11-year-old girls have to bear their rapists’ babies? Ohio says yes .An impregnated preteen girl in Massillon, Ohio, has drawn national attention to the state’s new, highly restrictive abortion laws.


15Tina Robin Faibish and 14 others
18 Comments
Kristen Bones Disgusting
Raymadawn Hamilton Hell no!!!!!!!
Liz Seaward Ash No they should not…this is disgusting
Natalie Ashlyne Brooke Michener Wtf these law makers have to go who the hell would do that to someone
Fred Harris Undoubtedly this is amoral [should be immoral]–but so too is having to work for an employer. And yet how many among the left really find working for an employer to be “disgusting?”
Tina Robin Faibish Fred Harris come on are you kidding me, you can not look at these two issues as if the level of unjust is similar or comparable because they are not!
Fred Harris Of course, social democrats simply ignore the day-to-day exploitation and oppression of billions of workers (this is so trivial) when compared to the issue of “11-year old girls having to bear their rapists’ babies.” This shows the extent to which the social-democratic left have been indoctrinated into accepting the employer-employee relation–which treats human beings as things.

So “moral”! Such phrases as “decent work,” and “$15 and Fairness” hide the immorality of being treated as things.

The social-democratic left want to present themselves as morally superior, and yet they ignore the persistent and day-to-day subordination of billions of workers to the power of employers.

By the way, I do have a daughter. And she has been treated unjustly in various ways–including being treated as a thing by employers. I neither ignore the other ways in which she has been treated unjustly–nor the way in which she has been treated unjustly as an employee. The social-democratic left, however, do not consider it unjust to have to work for an employer. Their trite phrases, such as “decent work” express their own biases.
Laura Betty Fred Harris really?
Fred Harris Really what?
Fred Harris I have a blog on the issue of the employer-employee relation and the bankruptcy of the social-democratic left–theabolitionary
Tina Robin Faibish Fred Harris this is your MO and why no one is listening. Your comparison is completely off topic, and undermines the legitimacy and outrage as it relates to this discussion. In other words, as valid as your point may be, this is not the appropriate place to reference a comparison that clearly does not exist!
Fred Harris Let us see. There was a topic on Hydro. Social democrats made many unrelated comments on that topic. But if I make a comment in a supposed unrelated topic, it is considered inappropriate.

As for no one listening to me–social democrats automatically do not listen to me–that is to be expected. But some people from India, China, the UK, the US, Canada have gone on my blog.

As for my “MO”: the MO [modus operandi—a typical way of approaching the world or of doing something] of social democrats is automatically to ignore the issue of the power of employers as a class.

As for the topic of being forced to have babies after being raped–of course this should be opposed. My daughter accused the man (Juan Ulises) who lived with her mother of raping her. He was charged, but the charges were dropped because it was his word against hers. She maintains his guilt to this day–and I believe her. Is this on topic?

But social democrats simply ignore the issue of the power of employers which occurs every day at work. They like to consider themselves morally superior as I said above.

To paraphrase the mathematician, philosopher of education and philosopher of science, Alfred North Whitehead: it is very difficult to engage critically with something that you constantly experience every day as normal.

Feel free to delete me from the Facebook account.
Nina Keogh Tina Robin Faibish yup.
Fred Harris From Tina Robin Faibish “come on are you kidding me, you can not look at these two issues as if the level of unjust is similar or comparable because they are not!”

Children grow up to be adults–and in our society, things to be used by employers. According to the moral social democrats, their concerns take priority over the day-to-day treatment of billions of workers. 

Why are they not on the same level? Why focus on this particular occurrence in a particular state? That it is morally disgusting, I fully admit.

However, social democrats–by this person’s own admission–do not find the fact that billions of workers worldwide are treated as things on a daily basis to be of the same moral consideration. But what of the children of today? Is that not their fate tomorrow unless we stop permitting any person to be treated as a thing at work?

Is it moral to ignore the future of children?

Is it moral for the top 20 largest private employers to obtain $59 billion in profit (approximately $59 000 per unemployed person in Canada)? What of the children who suffer because of this?

Etc.

What of the over 200,000 Guatemalans who were butchered during the civil war (including children) in order to defend a system of employers?

Etc.

Or the “morality” of talking about employers paying their “fair share” of the taxes–after they have exploited workers in order to obtain the profits in the first place.

Yup.
Liz Seaward Ash Fred Harris one thing has nothing to do with the other…you’re delusional..
Fred Harris Note the lack of argument here and the lack of establishment of connections–and the resort to insults.

The issue of not permitting female children who are raped to have an abortion has to do with “property rights”–and that definitely has to do with the employer-employee relation and capitalism in general.

The struggle of women (and children) to control their own bodies forms part of a larger struggle to control our lives.

To say that they have nothing to do with each other is absurd–and shows the narrow-mindedness of the social-democratic left.

But that is to be expected–since the social-democratic left do not object to the general control of our bodies by employers but only particular forms. of it.

After all, do they not express such things as “decent work”–while simultaneously not criticizing the power of employers to control our lives at work in various ways. The social-democratic left like to “compartmentalize” our lives–separating out was is necessarily connected so that they can feel themselves morally–and intellectually–superior.

From the book Private Government: How Employers Rule Our Lives (And Why We Do Not Talk About It) (Ellizabeth Anderson–a woman, who probably would be considered delusional by the social-democratic left), pages 37-39

Communist Dictatorships in Our Midst

Imagine a government that assigns almost everyone a superior whom they must obey. Although superiors give most inferiors a routine to follow, there is no rule of law. Orders may be arbitrary and can change at any time, without prior notice or opportunity to appeal. Superiors are unaccountable to those they order around. They are neither elected nor removable by their inferiors.

Inferiors have no right to complain in court about how they are being treated, except in a few narrowly defined cases. They also have no right to be consulted about the orders they are given. There are multiple ranks in the society ruled by this government. The content of the orders people receive varies, depending on their rank. Higher- ranked individuals may be granted considerable freedom in deciding how to carry out their orders, and may issue some orders to some inferiors. The most highly ranked individual takes no orders but issues many. The lowest-ranked may have their bodily movements and speech minutely regulated for most of the day.

This government does not recognize a personal or private sphere of autonomy free from sanction. It may prescribe a dress code and forbid certain hairstyles. Everyone lives under surveillance, to ensure that they are complying with orders. Superiors may snoop into inferiors’ e-mail and record their phone conversations. Suspicionless searches of their bodies and personal effects may be routine. They can be ordered to submit to medical testing. The government may dictate the language spoken and forbid communication in any other language. It may forbid certain topics of discussion. People can be sanctioned for their consensual sexual activity or for their choice of spouse or life partner. They can be sanctioned for their political activity and required to engage in political activity they do not agree with.

The economic system of the society run by this government is communist. The government owns all the nonlabor means of production in the society it governs. It organizes production by means of central planning. The form of the government is a dictatorship. In some cases, the dictator is appointed by an oligarchy. In other cases, the dictator is self- appointed. Although the control that this government exercises over its members is pervasive, its sanctioning powers are limited. It cannot execute or imprison anyone for violating orders. It can demote people to lower ranks. The most common sanction is exile. Individuals are also free to emigrate, although if they do, there is usually no going back. Exile or emigration can have severe collateral consequences. The vast majority have no realistic option but to try to immigrate to another communist dictatorship, although there are many to choose from. A few
manage to escape into anarchic hinterlands, or set up their own dictatorships.

This government mostly secures compliance with carrots. Because it controls all the income in the society, it pays more to people who follow orders particularly well and promotes them to higher rank. Because it controls communication, it also has a propaganda apparatus that often persuades many to support the regime. This need not amount to brainwashing. In many cases, people willingly support the regime and comply with its orders because they identify with and profit from it. Others support the regime because, although they are subordinate to some superior, they get to exercise dominion over inferiors. It should not be surprising that support for the regime for these reasons tends to increase, the more highly ranked a person is.

Would people subject to such a government be free? I expect
that most people in the United States would think not. Yet most work under just such a government: it is the modern workplace, as it exists for most establishments in the United States. The dictator is the chief executive officer (CEO), superiors are managers, subordinates are workers. The oligarchy that appoints the CEO exists for publicly owned corporations: it is the board of directors. The punishment of exile is being fired. The economic system of the modern workplace is communist, because the government— that is, the establishment— owns all the assets,1 and the top of the establishment hierarchy designs the production plan, which subordinates execute. There are no internal markets in the modern workplace. Indeed, the boundary of the firm is defined as the point at which markets end and authoritarian centralized planning and direction begin. Most workers in the United States are governed by communist dictatorships in their work lives.

[End of quote]

If Ms. Anderson’s analysis is correct–why would it be surprising to limit the capacity of children (and their parents’) control over their bodies given the daily lack of control over the bodies of hundreds of millions of workers in the United States and billions worldwide (which the social democrats generally ignore)?

As I pointed out above, social democrats or reformists like to compartmentalize their discussions–a trick that enables them to omit issues that provide a wider context for the more narrow issues. They adopt what could be called a mechanistic philosophy to human society by assuming that human problems can be pigeon-holed into discrete parts. They look at society as if each area is distinct from another part. Aristotle, a Greek philosopher, however long ago argued that a hand, to be a hand, must be related to the human body. Social democrats, however, would like to have us believe that hands exists independently of the human body. They then accuse anyone who tries to widen the issue of illegitimately addressing issues that have nothing to do with these narrower issues. Indeed, note the reference to “delusional” by one of the social democrats. They glory in their own narrowmindedness and accuse all who fail to share in their narrowmindedness with delusions.

John Dewey, the philosopher of education, argued that acting intelligently, among other things, involves considering the wider context, or contextualizing the immediate situation that constitutes the immediate problem.

Social democrats or reformists generally refuse to consider the wider context of the class structure and class power of employers. They thereby propose, implicitly, that workers act unintelligently.

The fact that social democrats and radical leftists (such as Sam Gindin) fail to attack persistently the power of employers as a class entails the possibility of the rise of forces outside the workplace (such as the extreme right). After all, does not such right-wing politicians as Doug Ford (premier of Ontario) or Donald Trump glory in the dictatorship of employers? Do they not, like the social-democratic left, ignore such dictatorship? Do they not cover up such a dictatorship through rhetoric, like the social-democratic left?

One final point: Ms. Faibish posted the following on Facebook:

Workers at the Rainforest Cafe in Niagara Falls have been on strike for more than a month. What they’re fighting for proves the need for strong employment-standards legislation — and strong unions.

I made a comment by pointing out that it would have been helpful to give examples of locals that are strong unions. She did not provide any. Social democrats or reformists and trade unionists often use clichés without providing any support for such clichés. When someone questions their clichés, they then engage in–silence. This is not what the labour movement needs.

Rest assured that if you call into question the self-righteous left’s assumptions, they will engage in insults. That is to be expected. They refuse to face up to their own social limitations and the limitations of their own mechanistic methodology.

Employers as Dictators, Part One

I find it fascinating how the social-democratic or reformist left fall all over themselves, insisting that they are fighting for fairness and justice–and yet neglect the persistent injustice of having to work for an employer. (The same could be said of many who consider themselves radicals these days).

Elizabeth Anderson, in her book Private Government: How Employers Rule Our Lives (and Why We Don’t Talk About It) questions the assumption of the social-democratic or reformist left by pointing out how the power of employers resembles the power of communist dictators (pages 37-39):

Communist Dictatorships in Our Midst


Imagine a government that assigns almost everyone a superior whom they must obey. Although superiors give most inferiors a routine to follow, there is no rule of law. Orders may be arbitrary and can change at any time, without prior notice or opportunity to appeal. Superiors are unaccountable to those they order
around. They are neither elected nor removable by their inferiors. Inferiors have no right to complain in court about how they are being treated, except in a few narrowly defined cases. They also have no right to be consulted about the orders they are given.

There are multiple ranks in the society ruled by this government. The content of the orders people receive varies, depending on their rank. Higher- ranked individuals may be granted considerable freedom in deciding how to carry out their orders, and may issue some orders to some inferiors. The most highly ranked individual takes no orders but issues many. The lowest-ranked may have their bodily movements and speech minutely regulated for most of the day.

This government does not recognize a personal or private sphere of autonomy free from sanction. It may prescribe a dress code and forbid certain hairstyles. Everyone lives under surveillance, to ensure that they are complying with orders. Superiors may snoop into inferiors’ e- mail and record their phone conversations.
Suspicionless searches of their bodies and personal effects may be routine. They can be ordered to submit to medical testing. The government may dictate the language spoken and forbid communication in any other language. It may forbid certain topics of discussion. People can be sanctioned for their consensual sexual activity or for their choice of spouse or life partner. They can be sanctioned for their political activity and required to engage in political activity they do not agree with.

The economic system of the society run by this government is communist. The government owns all the nonlabor means of production in the society it governs. It organizes production by means of central planning. The form of the government is a dictatorship. In some cases, the dictator is appointed by an oligarchy. In other cases, the dictator is self- appointed.

Although the control that this government exercises over its members is pervasive, its sanctioning powers are limited. It cannot execute or imprison anyone for violating orders. It can demote people to lower ranks. The most common sanction is exile. Individuals are also free to emigrate, although if they do, there is usually no going back. Exile or emigration can have severe collateral consequences. The vast majority have no realistic option but to try to immigrate to another communist dictatorship, although there are many to choose from. A few manage to escape into anarchic hinterlands, or set up their own dictatorships.

This government mostly secures compliance with carrots. Because it controls all the income in the society, it pays more to people who follow orders particularly well and promotes them to higher rank. Because it controls communication, it also has a propaganda apparatus that often persuades many to support
the regime. This need not amount to brainwashing. In many cases, people willingly support the regime and comply with its orders because they identify with and profit from it. Others support the regime because, although they are subordinate to some superior, they get to exercise dominion over inferiors. It
should not be surprising that support for the regime for these reasons tends to increase, the more highly ranked a person is.

Would people subject to such a government be free? I expect that most people in the United States would think not. Yet most work under just such a government: it is the modern workplace, as it exists for most establishments in the United States. The dictator is the chief executive officer (CEO), superiors are managers, subordinates are workers. The oligarchy that appoints the CEO exists for publicly owned corporations: it is the board of directors. The punishment of exile is being fired. The economic system of the modern workplace is communist, because the government— that is, the establishment— owns all the assets,1 and the top of the establishment hierarchy designs the production plan, which subordinates execute. There are no
internal markets in the modern workplace. Indeed, the boundary of the firm is defined as the point at which markets end and authoritarian centralized planning and direction begin.

Most workers in the United States are governed by communist dictatorships in their work lives.

 

This parallel of the power of communist (or fascist) dictators and the power of employers to dictate to workers is simply neglected by social-democratic reformers. They ignore the issue altogether, minimize it or, when some try to bring up the issue, engage in insults. Their own conception of what is fair is so limited that they have little to say about the daily experiences of billions of workers worldwide.

They remind me of something which Karl Marx wrote long ago. From Capital: A Critique of Political Economy. Volume 1: The Process of Production of Capital (page 91):

Perseus wore a magic cap so that the monsters he hunted down might not see him. We draw the magic cap down over our own eyes and ears so as to deny that there are any monsters.

The social-democratic left seek to hide the reality of our own lives from us–lives characterized by dictatorship in various ways (with some freedoms, to be sure, such as limited freedom of speech–depending on where you are located on this planet and your status within that locality).

Let us listen to the social-democratic left for a moment as they characterize modern social relations and “draw the magic cap down over our eyes so as to deny that there are any monsters”. As I wrote in another post:

As already mentioned, the left does not generally criticize management rights as such. Quite to the contrary. It uses rhetoric and euphemisms, such as “decent work,” “fair wages,” (Tracy McMaster), “a fair contract” (Wayne Dealy). It fails to criticize the pairing of the Fight for $15 with the concept of “fairness,” implying that fairness can be achieved within the employer-employee relation. It fails to criticize the rhetoric of “Fair Labour Laws Save Lives.” It fails to criticize the rhetoric of “economic justice” (John Cartwright).

At the Toronto Pearson airport (the largest in Canada, with between 40,000 and 50,000 employees), at the May Day rally, there was a banner being carried by some with the message: ‘Airport Workers Fighting for Decent Work.’ The banner also had the following: ‘$15/Fairness YYZ’ (YYZ is the airport code for Toronto Pearson International airport). If working for an employer is essentially working for a dictator, then the demand for decent work and fairness under such conditions is illogical. It is certainly necessary to fight for better working conditions and increases in wages and salaries, but better working conditions and an increased salary do not change the fundamentally dictatorial nature of employer power. To think otherwise–and the slogans express such thought–is to engage in delusions–which is hardly what the labour movement requires.

Organizations need to arise that express openly the reality of our lives so that we can begin to address the problems associated with that reality.

Management Rights, Part One: Private Sector Collective Agreement, British Columbia

In Ontario, Canada, there will be an election in three days. Ontario is the most populous province in Canada. Currently, the Liberals are in power, but even their leader admits that they will lose the election. The race is now between the Progressive Conservatives (an oxymoron, of course), headed by the populist Doug Ford, and the NDP (supported by many unions), headed by Andrea Horwath.

I will vote for the NDP, but I hardly believe that this party represents my interests. Such a party has no intention of opposing the power of employers as a class.

The fact is the NDP party and unions cannot address issues that I and many others face in our lives–in this case, the power of management to dictate to us at work. They remain silent over such issues, or they paper over such issues by high-sounding rhetoric that hides the reality.

Consider the rhetoric of John Cartwright, president of the Toronto & York Region Labour Council, in his open letter of January 30, 2018, wrote the following: “We need to fight for labour law reform including broader based bargaining so that precarious workers can have a vehicle in which to achieve dignity and economic justice.”

What does Mr. Cartwright mean by economic justice? Collective agreements? Since he does not explain what he means (a characteristic of rhetoric), we will assume that he means collective agreements between employers and unions.

Other social-reformist leftists express a different kind of rhetoric that centers around the non-unionized workforce. For example, the fight for a $15 an hour minimum wage here, along with needed reforms of employment standards, was paired with the concept of “fairness.” David Bush, a contributor to the rankandfile website, explicitly considered such reforms to be fair.

Collective agreements, however, are probably better than the provisions of employment standards for workers in that they limit the power of management even more. Nonetheless, collective agreements are decidedly unfair in that they do not question the power of management to use workers as things for the benefit of the employer.

The NDP, Canadian unions, the social-reformist left in general and even the so-called radical left seem incapable of criticizing the adequacy of such collective agreements.

This blog will at least partly compensate for this silence.

The following management rights clause is more detailed than many. It illustrates the power of employers in relation to employees and how employees are, ultimately, things to be used (in this instance, for obtaining as much money as possible). It also illustrates the lack of democracy in the workplace.

Even if the management rights clause were not detailed, arbitrators have indicated that there is an implied management rights clause in collective agreements. Consequently, workers are expected to follow management’s orders or suffer the consequence of possible discipline and, ultimately, dismissal–economic blackmail.

This is what working for an employer involves–economic blackmail. The implicit situation is: if the worker does not like the working conditions and does not like being treated as a thing–there is the door. The worker is “free” to leave at any time. Of course, workers in general (as a class) lack the conditions for their own economic independence. Consequently, their freedom is an empty freedom. If they try to exert their freedom, how are they to live? If they are parents, how are they to feed, clothe and provide for the children? Such freedom is empty, and yet this empty freedom is nowhere addressed by the social-reformist left. At best, they look towards a renovated welfare state and not to democratic control over the economy.

From

COLLECTIVE AGREEMENT
Between
COLD LOGIC CORPORATION
And
UNITED FOOD AND COMMERCIAL WORKERS UNION, LOCAL NO. 247
Chartered by the United Food and Commercial
Workers International Union, CLC
TERM OF AGREEMENT
October 17, 2010 to January 31, 2021

pages 3-4:

ARTICLE 4 – MANAGEMENTS RIGHTS
4.01 Except as specifically limited by the express provisions of this Agreement, the Company retains exclusive right to exercise all management rights or functions.
These shall include:

a) The right to formulate, enforce, revise and administer rules, policies and procedures covering the operations including but not limited to attendance, discipline and safety.

b) The right to discipline or discharge for just cause.

c) The right to select the products to be handled, choose customers, determine the methods and scheduling of shipping, receiving and warehousing, determine the type of equipment or vehicle used and the sequence of operating processes within the facility, determine the size and character of inventory and to introduce different shipping, receiving and warehousing methods. Without restricting the generality of the foregoing, the Union agrees that the Company has the right to study or introduce new or improved production methods or facilities

d) The right to establish work schedules, to determine the number of employees necessary to operate any department, or classification of the Company, to determine management organization for each department, to hire, layoff, suspend, promote, transfer and demote, to assign work on a temporary and permanent basis, to establish or revise reasonable performance and quality standards.

4.02 It is agreed that listing of the foregoing management rights shall not be deemed to exclude other rights of management not specifically listed.

You will unlikely be able to find anything by the social-reformist left that addresses the issue of why management has such dictatorial power over workers on a daily basis.

Why the silence?

Perhaps, as Jack Nicholson said in the movie A Few Good Men–“You can’t handle the truth!”

The NDP and its social-reformist followers cannot handle the truth. Why otherwise the silence?