Fair Contracts (or Fair Collective Agreements): The Ideological Rhetoric of Canadian Unions, Part Two: Warren “Smokey” Thomas, President of The Ontario Public Services Employees Union (OPSEU)

Introduction

This is the second part of a series on the ideology or rhetoric of unions when it comes to collective agreements. In the first part, I compiled a list of some of the claims of the largest national union in Canada–the Canadian Union of Public Employees (CUPE)–that collective agreements signed by its various local unions were somehow fair.

I planned on doing the same thing for the second largest Canadian union–Unifor (the largest private sector union)–but Smokey Thomas’ apologetic comments concerning Doug Ford inspired me to focus on his union rhetoric (see Fair Contracts (or Fair Collective Agreements): The Ideological Rhetoric of Canadian Unions, Part One).

I have persistently pointed out in this blog that collective agreements are, generally, better than individual employment contracts. They provide more protection for workers and more benefits. On the other hand, we also need to acknowledge the limitations of collective agreements in the context of a society dominated by a class of employers–something which unions rarely do. Furthermore, many of them use the rhetoric of “fair contracts,” and similar terms to hide the dictatorial nature of the employment relationship (for a description of that relationship, see Employers as Dictators, Part One).

Smokey Thomas’ Union Rhetoric of a Fair Contract

I will just make a list of Mr. Thomas’ union rhetoric concerning fair contracts. This rhetoric can be compared to management rights clauses. One such clause is found in the following:  

 

Collective Agreement
between
Ontario Public Service Employees Union on behalf of its_ Locals (various)
and
Municipal Property Assessment Corporation

DURATION: January 1, 2019- December 31, 2022

ARTICLE 4- MANAGEMENT RIGHTS
4.01 The Union acknowledges that it is the exclusive right of the Employer to:

a) maintain order, discipline and efficiency;

b) hire, transfer, classify, assign, appoint, promote, demote, appraise, train, develop, lay off and recall employees;

c) discipline and discharge employees for just cause, except that probationary employees may be discharged without cause;

d) generally manage the enterprise in which the Employer is engaged and without restricting the generality of the foregoing, the right to plan, direct and control operations, facilities, programs, systems and procedures, direct its personnel, determine complement, organization, methods and the number, location and classification of personnel required from time to time, the number and location of operations, buildings, equipment and facilities, the services to be performed, the scheduling of assignments and work, the extension, limitation, curtailment or cessation of operations and all other
rights and responsibilities not specifically modified elsewhere in this Agreement.

4.02 The Employer shall exercise the above rights in’ a manner consistent with the
expressed terms of the Collective Agreement.

Mr. Thomas, by calling collective agreements fair, by implication calls the right of management to dictate to workers covered by the collective agreement fair. However, to treat any worker as a mere means for employers’ purposes is to treat workers as things–and that is hardly fair (see The Money Circuit of Capital). 

Let us proceed with several statements made by Mr. Thomas concerning collective agreements. Most bold print are my emphases: : 

  1. Dated April 10, 2015. From   https://www.newswire.ca/news-releases/r-e-p-e-a-t—-government-workers-protest-to-demand-a-fair-contract-517437241.html:

AURORA, ONApril 10, 2015 /CNW/ – Workers in the Ontario Public Service (OPS), represented by the Ontario Public Service Employees Union, will hold an information picket over the government’s refusal to bargain a fair collective agreement.

OPSEU President Warren (Smokey) Thomas said that at the same time that the Wynne Liberals are slashing funding for much-needed public services, they are wasting billions on private sector contracts and spending billions more on corporate tax cuts.

“After years of austerity, Premier Kathleen Wynne is demanding that the public service accept more wage freezes, cutbacks and concessions,” Thomas said. “Government negotiators at the bargaining table appear they would rather push the OPS into a strike than negotiate a fair deal with their employees.”

2. Dated June 5, 2019. From https://www.newswire.ca/news-releases/statement-from-opseu-president-warren-smokey-thomas-on-the-introduction-of-a-public-sector-pay-bill-823871469.html): 

Statement from OPSEU President Warren (Smokey) Thomas on the introduction of a public sector pay bill

 


NEWS PROVIDED BY

Ontario Public Service Employees Union (OPSEU) 

Jun 05, 2019, 17:24 ET

TORONTOJune 5, 2019 /CNW/ – The bill introduced today capping wage settlements shows that Premier Doug Ford has no respect for the rule of law or the right to fair collective bargaining.

3. Dated August 31, 2018. From https://nupge.ca/content/grca-members-ratify-contract-wage-increases-privatization-protection:  

GRCA members ratify contract with wage increases, privatization protection

Toronto (31 August 2018) — The members of the Ontario Public Service Employees Union (OPSEU/NUPGE) working at the Grand River Conservation Authority (GRCA) have ratified a contract that includes significant wage increases, protection from contracting-out, and a number of other improvements.

Workers and the public win with this contract

“This is a great deal for our members, and great news for all the people in the communities they serve,” said Warren (Smokey) Thomas, OPSEU President 

“Everybody wins when workers are paid a decent and fair wage. And everybody wins when a local like this bargains language that will prevent their jobs from being contracted out or privatized,” Thomas said.

The roughly 150 members of Local 259 work at the GRCA as planners, assistant superintendents, and environmental officers.

Their new 4-year contract includes wage increases of between 6 and 14 per cent. It also includes language that prevents the employer from contracting-out their work, and improvements to time-off and on-call provisions. 

4. Dated early April, 2019. From  https://www.correctionsdivision.ca/2019/05/22/opseu-submission-on-public-sector-consultations/

In early April 2019, OPSEU’s leaders were invited by the deputy minister of the Treasury Board Secretariat to take part in a series of consultation meetings.  opseu_public_sector_consultation_submission.pdf

“The government is seeking your feedback on how to manage compensation growth in a way that results in wage settlements that are modest, reasonable, and sustainable,” the deputy minister wrote.

While completely opposed to any attempt to impose “modest” wage settlements outside of its members’ constitutionally guaranteed right to free and fair collective bargaining, OPSEU’s leaders chose to take part in the consultation sessions in good faith and good conscience. And without prejudice.

As leaders of an open, transparent, and democratic union with 155,000 members across Ontario, OPSEU President Warren (Smokey) Thomas and OPSEU First Vice-President/Treasurer Eduardo (Eddy) Almeida attended the sessions with a number of their members’ ideas about ensuring the sustainability of decent and fair compensation growth in the public sector.

5. Dated January 28, 2015. From https://sites.google.com/site/opseulocal599/:


FOR IMMEDIATE RELEASE                     

January 28, 2015

Government forcing OPSEU towards a strike 

TORONTO – The union representing 35,000 frontline Ministry employees who work directly for the Ontario government announced today that bargaining representatives of the Ontario Government have taken a significant step towards forcing OPSEU members out on strike.

OPSEU President Warren (Smokey) Thomas said that instead of trying to bargain a fair contract with their employees, the government has initiated the process of negotiating Essential and Emergency Service (EES) Agreements, which by law must be completed prior to a legal strike or lockout.

6. Dated November 1, 2017. From https://www.newswire.ca/news-releases/college-faculty-ready-to-bargain-as-employer-returns-to-table-654537183.html:

 

 

College faculty ready to bargain as employer returns to table 

TORONTONov. 1, 2017 /CNW/ – The union bargaining team for Ontario public college faculty is interested in what the College Employer Council has to say and ready to bargain when contract talks resume tomorrow, team chair JP Hornick says.

“College faculty are taking a stand for a better college education system,” she said. “We are ready, as we have been from the start, to bargain a fair contract that addresses the issues of good jobs and quality education.”

The mediator in the talks has called the parties back together to meet Thursday, November 2 for the first time since the strike by 12,000 faculty began October 16.

“This strike has highlighted the problems that come when an employer uses precarious work as a tool to cut costs,” said Warren (Smokey) Thomas, President of the Ontario Public Service Employees Union. “When faculty aren’t treated fairly, education suffers, and OPSEU members have stayed strong on the picket lines because they want colleges that are better for faculty and students alike.

7. Dated July 15, 2016. From https://www.thesudburystar.com/2016/07/15/ymca-workers-vote-to-join-opseu/wcm/47381266-1e5e-b122-ff7f-754415b71d4f

YMCA workers vote to join OPSEU

YMCA staff in employment and newcomer services have voted to join the Ontario Public Service Employees Union, the union announced this week.

“This is great news for these hard-working employees,” Jeff Arbus, OPSEU regional vice-president, said in a release. “One of the many benefits they’ll enjoy with OPSEU membership is increased job security – something they badly need right now so they can better plan for the future.”

The July 7 vote means 36 full- and part-time staff in employment and newcomer services, not including administrative assistants, supervisors and those above the rank of supervisor, have been certified by OPSEU.

The result was good news not only for the new members, Arbus said, but also for the YMCA and its clients.

“When working conditions are improved, staff retention is increased and so is their experience and knowledge,” Arbus said. “The Y’s reputation as a prominent community partner will be enhanced, while clients will benefit even more from the help they receive.”

OPSEU President Warren (Smokey) Thomas said the publicly funded programs at the Y are essential to the well-being of Ontario communities.

“An agency delivering them should be setting an example to the employers they work with by treating their employees with respect,” Thomas said “We’ll be sitting down with the employer and these employees to make sure their employment conditions are fair.

“I congratulate them for choosing OPSEU. We’re proud of our long track record when it comes to standing up to employers who don’t treat their workers with the respect they deserve.

For Mr. Thomas, it is possible to treat workers, who are employees (who subordinate their will to management as representatives of employers) in a fair manner. Mr. Thomas, like other social democrats, it is fair that, on the one hand, a class of employers exist and that a class of workers exist who must submit their will to the class of employers; such fairness, however, only arises for Mr. Thomas if this relation is embodied in a “free collective agreement.”

What does Mr. Thomas have to say about management rights? Nothing. He never once addresses the issue. He assumes that management has the right to dictate to workers as it see fits provided that a collective agreement has been obtained through “free collective bargaining.” Or perhaps he shares the same attitude towards collective bargaining and collective agreements as John Urkevich, former business agent to a union to which I belonged (AESES, or The Association of Employees Supporting Education ). I will quote from that post (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). First. 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.

I respond in my post to the above: 

This last sentence likely sums up the attitude of many union representatives. No, employees are not chattel, that is to say, they are not slaves, owned 24 hours a day. They are not required to work for a particular employer. No one forces them to work for a particular employer.

However, just as with the manipulative use of the word “if” above, Mr. Urkevitch uses the word “only” in order to minimize the importance of how much power management has over the lives of even unionized workers: “the employer only [my emphasis] has control over the how, what, and when….”

Mr. Urkevitch evidently does not think that “control over the how, what, and when” is “unjust or undignified.”

I do. (See above, referring to Kant and the money circuit of capital). Employers, by controlling “the how, what, and when”–control the lives of workers, which is undignified and unjust.

Union representatives, like Mr. Urkevich, however, obviously believe that it is just. They believe in the justice of the collective agreement, where “the employer only has control over the how, what, and when.”

Union representatives imply, often enough, that there is somehow something fair about collective agreements. No one seems to challenge them to explain what they mean by fair collective agreements.

I then quoted a statement from Mr. Thomas about fair contracts–and my post was dated Auguste 17, 2018, referring to a published item on May 24, 2018, that contained Mr. Thomas’ reference to union members getting a “fair contract.”

The radical left here in Toronto, for the most part, though, do not engage in any systematic criticism of the limitations of unions. Rather, they fall over themselves in trying to accommodate their own positions to the limitations of union reps in order to gain a “hearing” from the union reps. Their silence over the issue of management rights, for example, expresses their own limitations. 

But then again, Mr. Thomas now does the same thing with respect to Doug Ford, Conservative premier of Ontario. Perhaps he now does so because it had been confirmed that Ford will now permit paid sick days for essential workers who need to stay home because of posible exposure to the virus—something which the labour movement, community organizations and unions have been calling for for some time. That Ford recently tried to institute more police powers (see the previous post)–his apology notwithstanding since many police departments simply refused to comply with such expanded powers–is now forgiven and forgotten–as the many, many oppressive acts of his government over the last three years–all for the sake of paid sick days.

Is there really any wonder why the so-called left is in shambles? From being a critic of Ford to apologizing for Ford, Mr. Thomas is a good example of the real nature of not only union leadership in Canada but also the left in Canada. Mr. Thomas, like so many among the left, ultimately believe that the class power of employers is somehow fair. 

What do you think? 

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.

Striking Brewery Workers and a Fair Deal or Contract (Collective Agreement): The Impossible Dream

I thought it might be useful to paste a short conservation I had on Facebook concerning locked-out brewery workers:

February 26 2021 at 1:50 p.m.

 

Thank you to everyone who has shown support for us during this lockout.
As essential workers, we were pretty shocked to be put out on the street since bargaining was progressing. Your solidarity is very important to us and will help us get back to the table with Molson Coors to negotiate a fair deal[my emphasis] for all of our members.

 

Keep the solidarity coming!

 

What is a fair deal? How can any collective agreement express a fair deal when workers (including brewery workers) are used as things for other people’s benefits?

 

 

badge icon
Author
Fred Harris

 i hear you, a fair deal would be a planned economy and a transition to socialism, but workers need means to keep from pauperization between revolutionary upsurges. I would also tend to think worker associations would still be relevant in a communist society to advocate for specific industries and sectors. But you are definitely hitting on something.

The issue is not that workers need to construct organizations of defense against the rapacious and oppressive power of employers; of course they need to do so. The issue is: Why is it that the reps in such defensive organizations time after time then turn around and claim that defensive measures (such as a collective agreement) are then idealized by claiming that all workers want is a fair contract.
On my blog recently, I posted a collection of quotes from CUPE reps that claimed that collective agreements were fair. I will, in the future, find and post similar claims by the next largest union–Unifor.

 

Socialists need to constantly criticize such idealization of collective agreements since fairness cannot be achieved in such terms.; it is an illusion.

 

Collective agreements are, certainly, in general better than no collective agreement–but fairness is not one of their characteristics.

 

Unless of course the implicit or explicit management clause is also fair–which requires workers to follow orders and transfer some of their decision-making power to the employer and reps of the employer. I have also provided on my blog many examples of management clauses that specify the general power of management in relation to work and workers.

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 Contradictions of Social Democracy: Mr. Gindin’s Musings on the Closure of GM’s Oshawa Plant

The following is a critique of an article written by Sam Gindin before the coronavirus pandemic emerged. It is relevant to the current situation because of the current call for public ownership as a solution to the problems that we face.

Mr. Gindin published an article on February 3, 2020, titled Realizing ‘Just Transitions’: The Struggle for Plant Conversion at GM Oshawa. Here Mr. Gindin attempts to criticize, on the one hand, what happened at GM Oshawa (elimination of around 2200 direct jobs when GM closed the auto plant), and on the other to suggest what should be done to prevent such a situation to arise in the future. However, his own social-democratic position, with its implicit assumption of not challenging the power of the class of employers, shines through in the article.

Mr. Gindin claims that GM’s decision to close, among other plants, the GM Oshawa plant left the recently elected Conservative government of Doug Ford “red-faced”:

The response of the federal government, which had used the preservation of jobs to justify giving GM billions in public funds during the financial crisis, was a tepid ‘disappointment’. The provincial government, which had been plastering the province with the slogan ‘Ontario is open for business’ was left red-faced when, as its billboards were going up, GM announced the closing of one of the largest workplaces in the province.

Where is there evidence that the Ford government was embarrassed at all? The idea of “open for business” includes the idea that, in the competitive struggle for survival, corporations will sometimes close down. The obverse side of “open for business” is–“closed for business.” Corporations are free to decide to open and close doors as they see fit–such is the nature of neoliberalism. Or is that not so?

Mr. Gindin then criticizes Ms. Dias, head of Unifor (which represented the workers at GM Oshawa):

Nor did the autoworkers’ union, Unifor, escape its own share of discomfort. Less than two years earlier, its leadership had negotiated lower wages and pensions at GM for new (essentially younger) workers in spite of those workers doing exactly the same job as those beside them. This betrayal of union solidarity was sold to the members as a victory because of its promised retention of jobs. When the closure exposed the job ‘guarantees’ as a sham, the national president reacted with predictable bluster and launched a public relations campaign to shame the corporation into reversing its decision.

Undoubtedly, Mr. Dias would have preferred for the plant not to close. To prevent such an action, Mr. Dias negotiated a collective agreement that involved “lower wages and pensions at GM for new (essentially younger) workers in spite of those workers doing exactly the same job as those beside them.” Mr. Gindin objects to such a negotiated agreement on the basis of “union solidarity.” The principle of union solidarity, it would seem, involves attempting to have all union members who are doing the same job to be treated in the same way. (Note that Mr. Gindin does not refer to “labour solidarity” or “worker solidarity” but “union solidarity.” Mr. Gindin is a friend of–unions. As I argued in another post, he is too close to unions to adequately criticize them. But that just as an aside).

Mr. Gindin then refers to how this “betrayal to union solidarity was sold to the members of a victory because of its promised retention of jobs.” It is of course possible to criticize Mr. Dias and others for sacrificing some workers in exchange for an impossibly guaranteed retention of jobs. However, Mr. Gindin does not explicitly question the power of employers to make decisions that involve closing down plants. Such power forms part of management rights and is often embodied in a management rights clause, implicitly if not explicitly. Why does Mr. Gindin not criticize this fundamental right?

And why does he not criticize the attempt by many unions to “sell” negotiated collective agreements on the basis of “fairness,” “decent work” and so forth? He certainly criticizes Mr. Dias’ attempt to “sell” the betrayal to union solidarity” in relation to the creation of a two-tiered collective agreement–but he nowhere criticizes the implicit or explicit acceptance of unions and negotiating committees to the legitimacy of collective agreements. Union reps often “sell” negotiated collective agreements that need to be ratified to their members by referring to them as “fair contracts”

“We have been trying to negotiate a fair contract for seven months,” said James Nugent, the bargaining team’s chief spokesperson [for CUPE Local 3902, or the Canadian Union of Public Employees Local 3902]. “We’ve been fighting for better learning conditions for our students and better working conditions for our members. Last night, our members sent us back to the bargaining table to keep fighting for those things, and that’s what we intend to do.”

Union reps often try to “sell” this ideology of “fair contracts” to their members. Why does not Mr. Gindin criticize this ideology and not just the ideology of two-tiered contracts? What happens if a collective agreement does not have a two-tiered provision? Does that then make it a “fair contract?” Mr. Gindin is silent over the issue–as are union reps. Why this silence?

Mr. Gindin then has a section that outlines an alternative:

Toward an Alternative

A small group of rank and file Oshawa workers and retirees understood that far more was needed; both logic and history suggested that appealing to GM to rethink their cold calculations was naïve. They joined with other community allies, including the Durham Labour Council and supporters from the Toronto-based Socialist Project, to establish Green Jobs Oshawa. Its mandate was to explore and organize around other possibilities for the Oshawa facility.

A problem already arises. I am ignorant of the specific nature of the Durham Labour Council, but the Toronto and York Region Labour Council does not call into question the legitimacy of the power of employers as a class; rather, it presupposes such legitimacy (John CartWright, president of the Council, refers to “economic justice”–implicitly referring to collective agreements. See my post  Ontario Looks Right–With Some Help From the “Left” ). I have criticized  as well some of the views expressed by the Steering Committee of the Socialist Project (see The Socialist Project’s Critique of Doug Ford’s Attack on Local Democracy Falls Short).

But let us proceed:

Four perspectives drove their ambitious proposal. First, GM was the problem, not the solution.

Yes, GM is a problem and not the solution–but it is not just GM that is the problem but the power of employers as a class, of which GM is only one example. Defining the problem only in terms of a particular employer is a typical social-democratic trick of focusing on one “bad” employer rather than the class of employers. Already, looking at alternatives seems limited.

Let us continue:

Second, expecting to compete in the market with China, Mexico or plants in the American south was no answer. It would only reproduce past pressures on wages and working conditions, past insecurities and past failures. Third, any alternative would need to introduce a product with special social significance. And fourth, the issue was not just jobs but retaining Canada’s manufacturing capacities.

Seeking an alternative product that would prevent competition with other workers in the same kind of market is certainly to be preferred. As for “a product with special social significance,” this issue is connected to the following:

The Oshawa facility could then be converted to assembling fleets of electric vehicles. The sale of these vehicles was to depend not on market competition, but a social plan based on direct government purchases of the products the government had invested in. The fleet vehicles involved would range from electric post office vans (as recommended earlier by the Canadian Union of Postal Workers) to hydro-electric vans, newly designed school buses, ambulances and police cars. With that base, the plant could also produce electric cars for individual consumers and, depending on how much space remained available, add other environmentally-related products.

The government would provide the bulk of demand for the output, with individual consumers making up any needed demand so that the Oshawa facility could be fully utilized (GM had identified under-utilization of the capacity of the plant as a major reason for its closing).

The government as the major consumer would also be the major owner:

In line with this outlook, Green Jobs Oshawa called on the federal government – or the municipal government with substantial financial and technical support from the feds – to take over the land and equipment idled by GM.

The government would then become both the employer and the major consumer. This solution may certainly have retained the jobs–but would not have changed the use of workers as things by government. Merely because the government is the employer does not prevent workers from being exploited and oppressed (see The Money Circuit of Capital).

Why did Green Jobs Oshawa not call on the government to take over the plant while concentrating decision-making power over the plant with the workers who worked there? Why did it not call into question the power of employers to make decisions at all that can affect the lives of many workers and the community–investment decisions? Why not use the GM shut down as an example of the dictatorial power of employers? Why this focus on the government as the saviour rather than the workers and the community?

Green Jobs Oshawa, rather, tried to evade this central issue:

The message was that jobs, the environment, and the industrial capacities for conversion and restructuring are inseparable. From that perspective, saving Oshawa was not an end point but a beginning and an example to build on.

Jobs, the environment and the industrial capacities for conversion are not just inseparable. To adequately address them, it is necessary to address the power of employers as a class, the infinite movement of capital (see  The British Labour Party’s 2019 Manifesto: More Social Democracy and More Social Reformism, Part One) and the social and political structures that go with them.

The next section of the article is titled “Frustration and Persistence.” Mr. Gindin outlines what he believes is the cause of workers’ skepticism concerning such an alternative:

Frustration and Persistence

Green Jobs Oshawa developed a website, distributed leaflets to workers, held educationals and public forums in Oshawa and Toronto, organized petitions, commissioned a widely respected professional feasibility study confirming its case, received sympathetic attention in the press and gave numerous media interviews. Yet the committee couldn’t generate the necessary level of support, starting with the workers themselves.

The workers in Oshawa were frustrated and angry, but anger doesn’t necessarily translate into activism. Having experienced the steady drip-drip decline of the Oshawa complex, having recently suffered demoralizing defeats after defeats in bargaining, and now seeing the final end of vehicle assembly in the city, workers had shifted to survival mode. In that state of mind, most workers, it seemed, had simply stopped even thinking about possibilities. Nor was it unusual for workers to guard against hope creeping into their consciousness; risking the pain of once more seeing hopes dashed made even hope something to willfully avoid.

Though workers contacted by Green Jobs Oshawa generally considered the proposals on conversion as sensible, this was trumped by their skepticism of ‘sensible’ driving economic and political decisions. Critical here was the role of the union. As frustrated as workers were with the union, they still looked to its structures and resources for leadership, especially given the radical nature of the alternative proposed. But with both the national and local leadership not interested in and even hostile to an alternative, it was no surprise that workers were lukewarm to committing to a fight for a long-shot alternative.

Important here, as well, were the limits of the environmental movement. Environmentalists have most impressively raised public awareness of the looming environmental catastrophe. Yet they have been far less successful in getting the mass of working people on side. Two inter-related problems stand out. First, the promise of a ‘just transition’ is well-meaning but unconvincing to workers; workers rightly ask how such a commitment could be met in a society driven by competition and private profits. Second, with the environmental movement generally absent from workers struggles, developing ‘awareness’ could only go so far.

Workers have been indoctrinated from school to accept the power of employers to make decisions over their lives (as I show in a series of posts on indoctrination in schools via the silence of the Canadian history curriculum over the historical emergence of employers and employees. See, for example,  Co-optation of Students at School Through We Day, Or School Indoctrination, Part One). Various organizations and activities reinforce such indoctrination (union ideology of “fair contracts,” “decent work,” social organizations that deal with oppressing people in various ways (child and family services, social assistance, collection agencies, courts and the like). To counteract such indoctrination, it would be necessary to engage systematically in a critique of such indoctrination–but Mr. Gindin does not believe that such a systematic and engaged critique is necessary (otherwise, he would have engaged in such criticism when the opportunity presented itself in relation to pairing the fight for a minimum wage of $15 an hour with the idea of “fairness”).

The skeptical attitude of workers in relation to their own capacities for controlling their lives in the face of multiple forms of indoctrination and oppression is understandable, but Mr. Gindin ignores such indoctrination and oppression in practice.

The final section is called “Green Jobs Oshawa Lives On.” Mr. Gindin states what he thinks has and has not been accomplished in the Green Jobs Oshawa” campaign and what should be done:

Green Jobs Oshawa Lives On

Measured by its ability to keep the Oshawa facility humming, Green Jobs Oshawa was not successful; today, no more vehicles are being assembled in Oshawa. But measured by their work in placing a vital but largely ignored issue on the agenda – the steady loss of the productive capacity we will need to reconstitute the environment – brings a more encouraging conclusion.

Though the Oshawa facility is now quiet, the battle to revive it, with all its noise and productive bustle, continues. The facility still has waiting assembly lines, a body shop, a paint shop, and 10 million square feet of space. In Oshawa and nearby, there is no shortage of workers anxious to apply their too often underestimated skills, suppliers with flexible tooling capacities, and young engineers leaving university anxious to apply their knowledge to developing socially useful products. Green Jobs Oshawa continues to send out material and speak at events, making connections and spreading the urgent discussion of possibilities.

Workers – with the support of their union leadership where possible, on their own if that leadership is not sympathetic – should be setting up committees to consider the future of their workplaces and holding meetings to discuss the plant occupations, nationalizations and conversions in other cities facing major manufacturing shutdowns.

The Canadian Labour Congress should be supporting and coordinating such initiatives with its own research and also joining with the environmental movement to take the initiatives further. A significant step would be to lobby for a National Conversion Agency with the authority and financial and technical resources to intervene when plant closures occur or seem imminent.

Provincial federations of labour could focus on the environmental particularities of their own regions as, for example, the Alberta Federation of Labour has started to do in addressing how the inevitable transition away from oil could be economically and socially managed. This could include lobbying to establish local tech-enviro centers populated by the hundreds of young engineers mentioned above. Alongside coming up with possibilities for local conversion and development, they could contribute to spreading understanding to the community of what we face and what needs to be done.

For private sector workers, the crucial fact is that environmental pressures will require transforming everything about how we live, work, travel, and use our leisure time. Such a massive and unprecedented undertaking (the conversions entering and exiting World War II come closest) can, if done right, mean not a loss of jobs but a shortage of workers trying to meet society’s ‘regular’ needs and the demands of environmental reconstruction.

As for the public sector, the growing acceptance that environmental limits translate into limiting individual consumption in the developed countries leads to a greater emphasis on collective consumption. We are on the cusp of having to urgently redefine what we mean by ‘abundance’ and to place greater value on retrieving our time, leisure, social services (health, education), collective goods (public transit, libraries), and public spaces (sports, music, arts, parks) – a reorientation, that is, to the expansion of the public sector and public sector jobs.

Finally, for environmentalists, truly addressing the scale of what must be done means moving from a vague anti-capitalism to an aggressive – and confident – call for democratic planning and its corollary of fundamentally challenging corporate property rights. And addressing how to implement such policies, requires bringing the mass of workers on side to both the environmental necessities and to the overcoming of capitalism. This can only begin with actively supporting the defensive struggles of workers with the goal of linking them, as Green Jobs Oshawa has tried to do, to those larger issues of conversion and democratic planning in the shaping of the world to come.

In short, the issue is not simply a matter of bringing the environmental movement and the labour movement together; each must be transformed if the sum is to be more than the currently limited parts. The environmental movement must raise itself to a new level by concretely engaging the working class, and the labour movement must escape what, for it, has become an existential crisis. The threats and opportunities of the environmental crisis offer a chance for labour revival, but only if this incorporates a renewed approach to organizing, struggle, radical politics, and the maximization of informed membership participation. •

Mr. Gindin follows the British Labour Party, in its Manifesto, by jumping on the bandwagon of environmentalism–rather than focusing on criticizing the power of employers as a class (which would involve criticizing union ideology of “fair contracts,” “decent work,” “fair collective bargaining,” and the like) , first, and then linking that issue to environmental issues (see my post  The British Labour Party’s 2019 Manifesto: More Social Democracy and More Social Reformism, Part One). Mr. Gindin only near the end of this section does Mr. Gindin address this issue:

Finally, for environmentalists, truly addressing the scale of what must be done means moving from a vague anti-capitalism to an aggressive – and confident – call for democratic planning and its corollary of fundamentally challenging corporate property rights.

But earlier, Mr. Gindin claims the following is the key issue:

But measured by their work in placing a vital but largely ignored issue on the agenda – the steady loss of the productive capacity we will need to reconstitute the environment

The deindustrialization of the advanced capitalist countries–is that really more important than another issue that has been “largely ignored”–the power of employers as a class? Which should the left focus on? And if we focus on the power of employers as a class, should we not criticize the ideology of many unions, which often try to sell the results of collective bargaining as a “fair contract?”

Frankly, Mr. Gindin’s approach fails to see the need for a rigorous and persistent struggle against those who justify collective agreements with such phrases. The same applies to other social movements who refer to “fairness” and the like. We need to use every opportunity to oppose such indoctrination.

Mr.Gindin, however, argues only for the positive side in the following:

Workers – with the support of their union leadership where possible, on their own if that leadership is not sympathetic – should be setting up committees to consider the future of their workplaces and holding meetings to discuss the plant occupations, nationalizations and conversions in other cities facing major manufacturing shutdowns.

To set up committees that are more than paper committees, it would be necessary to deal with the limitations of unions, collective bargaining and collective agreements while recognizing that collective agreements do provide some real protection for workers. If workers merely set up committees without engaging seriously in debate over the pros and cons of collective bargaining and collective agreements, then such committees will likely be isolated from the needs and interests of workers.

It is interesting that Mr. Gindin engages in abstract moralizing when referring to what the Canadian Labour Congress (an organization of affiliated unions that represent over three million Canadian workers) ‘ought or should do’:

The Canadian Labour Congress should be supporting and coordinating such initiatives with its own research and also joining with the environmental movement to take the initiatives further.

Another inadequacy of Mr. Gindin’s approach can also be seen from the above quote. Hegel, a German philosopher, saw through such empty phrases as “ought to” or “should” long ago (from the Encyclopedia Logic, page 30):

… the understanding, which regards its dreams (L e., its abstractions) as something genuine, and is puffed up about the “ought” that it likes to prescribe, especially in the political field-as if the world had had to wait for it, in order to learn how it ought to be, but is not. If the world were the way it ought to be, what then would become of the pedantic wisdom of the understanding’s “ought to be”?

This does not mean that we should not engage in wishing for what ought to be, but that what ought to be should be grounded in what is the case. What is the nature of the Canadian Labour Congress (CLC)? Is it realistic to believe that the CLC would ‘support and coordinate’ such initiatives? See my criticism of the position of the president of the CLC, Hassan Yussuff, in The Canadian Labour Congress’s Idealization of the Collective-Bargaining Process.  Would it not be better to engage in criticism of the CLC–what it is, how it operates and so forth?

There are other problems with this last section. Reference to “democratic planning” clashes with the call for the government (a capitalist government) to operate as employer. How is there democratic planning when the government is the employer? This is to idealize the government and the public sector. This idealization also is expressed in the following:

As for the public sector, the growing acceptance that environmental limits translate into limiting individual consumption in the developed countries leads to a greater emphasis on collective consumption. We are on the cusp of having to urgently redefine what we mean by ‘abundance’ and to place greater value on retrieving our time, leisure, social services (health, education), collective goods (public transit, libraries), and public spaces (sports, music, arts, parks) – a reorientation, that is, to the expansion of the public sector and public sector jobs.

This uncritical reference to the “public sector”–as if working for the government were somehow not subject to exploitation and oppression–is typical of social democrats. So too is Mr. Gindin’s one-sided reference to challenging “corporate property rights” without challenging the power of the state as a capitalist state, on the one hand, and as an employer, on the other. Again, see the money circuit of capital link above for a critique of this view.

The 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?