Fair Contracts or Collective Agreements: The Ideological Rhetoric of Canadian Unions, Part Three: Unifor (Largest Private Union in Canada)

In the previous post in this series, I quoted several references by the largest union in Canada, the Canadian Union of Public Employees (CUPE) to “fair contracts,” “fair treatment,” and similar expressions (see Fair Contracts (or Fair Collective Agreements): The Ideological Rhetoric of Canadian Unions, Part One). This is a continuation of the series.

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.

The following series of quotes are from various webpages of Unifor–the largest private-sector union in Canada. They show how Unifor refers to such rhetoric as

1. Dated January 10, 2018 at https://www.unifor.org/en/whats-new/news/paramedics-rally-a-fair-contract:

Paramedics and supporters in Sault Ste. Marie demonstrated in front of City Hall on January 8, calling for a new collective agreement for EMS workers represented by Local 1359. 

The demonstration was organized to remind city councillors that paramedics need a fair deal, which takes into account issues such as: lunch breaks, major gaps in pay and benefits between Sault Ste. Marie and other emergency responders and the ongoing issue of PTSD.

The group, made up of paramedics, nurses, retired health care workers, union members, family and supporters, marched into the council chambers after the rally with signs and Unifor flags. 
“Our employer is not negotiating fairly. City representatives continually talk about the debt and nothing else,” said Mary Casola, Local 1359 unit chair and paramedic of 28 years. “They offered workers a measly wage increase of 10 cents an hour, per year. That’s 0.25 per cent. But as our sign says – ‘10 cents is non-sense.’”


  1. Of course, the issues of “lunch breaks, major gaps in pay and between Sault Ste. Marie and other emergency and other emergency responders and the ongoing issue of PTSD” are immediate issues that are important to unionized (and non-unionized) workers and need to be addressed. They should not be just shoved aside and “revolution” declared. On the other hand, while addressing these issues, the possibility or impossibility of actually achieving a “fair deal” should be discussed; in my experiences as a union member, it never is. Unions thereby become ideological institutions, in part, for the class of employers–even if they are unaware of it.





    In the context of the Coronavirus pandemic, some employers have become even more exploitative and vicious than normal. However, unions that legitimately focus on resisting such employers have no right that somehow, if they resist such employers successfully, there will be such a thing as “a fair and equitable contract.”
    Dated January 10, 2018 at https://www.unifor.org/en/whats-new/news/paramedics-rally-a-fair-contract:
  2. From https://www.unifor.org/en/whats-new/press-room/health-care-workers-hold-rally-demand-a-fair-collective-agreement:

December 8, 2020

WINDSOR – Health care workers represented by Unifor Local 2458 will escalate actions by holding a rally outside of Fairfield Park long term care home to demand a fair and equitable collective.

“The employers’ approach of viewing our members as zeroes instead of heroes is insulting and disrespectful,” said Tullio DiPonti, President of Unifor Local 2458. “To think at a time where these health care heroes are risking their lives to care for others, their employer turns around and puts forward a laundry list of concessions and says this is what you’re worth. This employer should be ashamed. Let’s get back to the bargaining table and negotiate a fair collective agreement, free of concessions.

Last week a rally was held outside of Broulliette Manor, urging the employer to return to the bargaining table and withdraw its long list of concessions.

“I have negotiated many contracts in my day, but I have never seen an employer so blatantly disrespectful,” said Chris Taylor, Unifor National Staff Representative. “The pandemic has forced long term care workers across the country to do more with less and here we have an employer that’s asking these COVID heroes to take on all the new protocols and get nothing in return.  Our members will not be made to feel worthless and we will continue to ramp up our actions until they receive the respect and dignity that they deserve.”

Contract negotiations opened with Fairfield Park and Broulliette Manor on October 27, 2020. The union proposed modest changes to the collective agreement that were immediately rejected by the employer’s legal representatives. The employer’s representatives presented the union with more than six pages of concessions that include cuts in wages, health care benefits, time off, forcing of more hours of work.

The union is steadfast in its resolve to bargain an agreement that fits the needs of the members working at both Fairfield Park and Broulliette Manor.

Unifor is Canada’s largest union in the private sector, representing 315,000 workers in every major area of the economy. The union advocates for all working people and their rights, fights for equality and social justice in Canada and abroad, and strives to create progressive change for a better future.
To arrange in person, phone or FaceTime interviews or for more information please contact Unifor Communications Representative Hamid Osman at hamid.osman@unifor.org or 647-448-2823 (cell).

Again, it is certainly necessary to have a union that fights against “six pages of concessions that include cuts in wages, health care benefits, time off, forcing of more hours of work.” The union should be praised for doing so.

On the other hand, it should be criticized for making such statements as: “Health care workers represented by Unifor Local 2458 will escalate actions … to demand a fair and equitable collective [agreement]”

As shown in the last post, unions persistently claim that, through collective bargaining and a collective agreement, there can arise somehow (by magic?) “a fair and equitable collective agreement.” There can be no such thing as long as there exists a market for workers, where human beings are treated as things and as means for purposes over which they have little control. To claim otherwise is to bullshit workers–and workers deserve much better than this.

Or perhaps union representatives can explain how collective bargaining and collective agreements can express “a fair and equitable collective agreement?” If they truly believe that it does, why do they not explain how it does so in the context of the power of both a particular employer and the power of the class of employers. (For a critical analysis of a lame attempt to minimize the power of management over workers by a representative in a unionized setting , see the post 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. Also see the much more honest assessment of the real limited powers of unions in relation to employers, see Confessions of a Union Representative Concerning the Real Power of Employers)

The union should also be criticized for claiming “to bargain an agreement that fits the needs of the members working at both Fairfield Park and Broulliette Manor.” Obviously, the agreement should address the needs of the workers at these facilities, but “the needs of the members working” for an employer go far beyond the capacity of a collective agreement to address them.

3. Dated August 31, 2020 at https://www.unifor.org/en/whats-new/press-room/unifor-members-detroit-3-give-bargaining-committees-strong-strike-mandate:

TORONTO—Unifor members at Fiat Chrysler Automobiles, Ford Motor Company, and General Motors have authorized their bargaining committees to take strike action, if necessary, to secure fair contract settlements.

4. Dated January 7, 2020 at https://www.unifor.org/en/whats-new/press-room/locked-out-workers-escalate-fight-a-fair-deal-co-op-refinery:

REGINA – Hundreds of members of Unifor Local 594 and their supporters rallied at noon today to show the Co-op Refinery that, on day 34 of the lockout, their resolve has never been stronger.

“Co-op will not bust our union by using profits only made possible by your hard work. We are going to hold them to their pension promises. Our union will intensify our campaign to achieve a fair collective agreement for our members,” said Lana Payne, Unifor National Secretary-Treasurer.

Payne told locked out Local 594 members that locals across Canada will mobilize and send members to Regina as the union ramps up the fight for a fair deal.

“While refinery workers walked picket lines 24-7 in the frigid cold, their greedy employer posted revenues of $9.2 billion last year,” said Scott Doherty, lead negotiator and Executive Assistant to the Unifor National President. “For Co-op to attack workers with lies and misinformation while claiming to respect workers is just shameful.”

During the rally, secondary pickets were also underway at Co-op retailers in Western Canada as the union announced an escalation of the boycott campaign against Co-op. The union’s Boycott TV commercial has been seen by millions of Canadians, including during Saturday’s Gold Medal World Juniors Hockey game.

“Co-op must return to the bargaining table with a deal that does not include gutting half the value of our pensions as was promised in the last round of bargaining,” said Kevin Bittman, President of Unifor Local 594. “We just want to get back to doing the jobs we love.”

The event was streamed live on Unifor’s Facebook Page. Photos from the rally will also be available on Facebook. Facts about the dispute can be found at http://unifor594.com.

Unifor is Canada’s largest union in the private sector, representing 315,000 workers in every major area of the economy. The union advocates for all working people and their rights, fights for equality and social justice in Canada and abroad, and strives to create progressive change for a better future.

5. Dated May 15, 2019: at https://www.unifor.org/en/whats-new/press-room/unifor-energy-workers-sign-historic-pattern-deal:

May 15, 2019

MONTREAL— Unifor has achieved a new tentative agreement that establishes the pattern for 8,500 members of the National Energy Program.

“The energy and chemical sector continues to be an important economic driver in Canada. By working together, our members have used their collective power to make much-deserved significant gains,” said Jerry Dias, Unifor National President. “Energy and chemical jobs continue to be good jobs in communities right across the country.”

The tentative agreement covers Unifor members working in the sector across Canada. Suncor was selected by Unifor as the chosen employer to set the pattern that will be rolled out to the remaining employers after ratification.

During this round of bargaining Unifor and Suncor bargained both local and national issues concurrently during one week, ensuring that no one union local was left behind.

“Make no mistake: energy companies provide good jobs across this country and are critical to Canada’s economy,” said Renaud Gagné, Unifor’s Quebec Director. “Unifor members are instrumental in the success of energy and chemical companies and have earned a fair contract.” [my emphasis]

6. A campaign promoted by Unifor also claimed that, if realized, it would make the situation fair (https://www.unifor.org/en/whats-new/news/help-change-ontarios-labour-law-make-it-fair), dated July 13, 2016:

Help change Ontario’s Labour Law to Make It Fair

Today in Ontario, more than 1.7 million workers are earning at or around minimum wage and many Ontarians are trapped working precarious part-time, temporary, contract and subcontracted jobs, without a union.  

The Government of Ontario has initiated its “Changing Workplace Review” to examine the out-dated Employment Standards Act and the Labour Relations Act. In order to seize the once-in-a-generation opportunity presented by the provincial review, the OFL [the Ontario Federation of Labour] has launched the “Make It Fair” campaign [my emphasis] to push for employment reform. 

As part of this campaign, the OFL and unions across Ontario have launched a survey on precarious work – an issue that is fast becoming the ‘new normal’ for Ontario’s seven million workers.  The goal of the survey is to speak to union members about their experiences and the experiences of their families with precarious work. Lend your voice – participate in the survey here:

http://www.makeitfair.ca/precarious_work_survey

 “Inequality and precarious work are on the rise across our growing province, but collectively each of us has the power to change the law and help Ontario workers out of poverty,” said OFL President Chris Buckley.

Unionized workers have a long history of incredible gains at the bargaining table, including the 40-hour work week, maternity/parental benefits and unemployment insurance, which have become the law of the land.  

“There is an urgent need for new laws as workers, particularly young workers, increasingly find themselves in part-time or contract positions with low pay, few benefits and unpredictable schedules,” said Unifor Ontario Regional Director Katha Fortier. “Our goal is to ensure that the voices of union members are heard in the changes that will come.”

Upon finishing the survey, participants will also have a chance to enter to win a $200 gift card for either Loblaws or Metro grocery stores.  

Unifor is a member of the Ontario Federation of Labour, which represents approximately 1 million working people across Ontario.

7. Dated November 15, 2017 at https://www.unifor.org/en/whats-new/news/picket-highlights-need-first-contract-youth-workers:

Picket highlights need for first contract for youth workers

Members of Unifor Local 333 working at Kennedy Youth Services organized an information picket on November 14 to highlight their struggles to reach a fair first collective agreement and increase pressure on their employer.

Prior to bargaining the employer  repeatedly refused to follow the Employment Standards Act around overtime, meal breaks, statutory holidays and vacation pay.  Kennedy Youth Services has also failed to provide a safe work environment, with workers regularly getting injured on the job. On top of the current workplace issues, the employer is pushing to introduce a 10-year wage progression from $17 an hour to $18.75 and has made any wage increase contingent on centre funding. The bargaining committee has said firmly enough is enough and will continue to push for fairness and a safer workplace.

“We need more safety measures at work. Arms are getting broken, staff members are being beaten and nothing is done about it – it’s not right,” said Amber Simpson, bargaining committee member. “Frequently, there are untrained temporary staff people who are brought in and this puts everyone in greater danger.”

The 42 developmental service workers are employed at two residential homes, providing care and support to vulnerable youth and adults with developmental disabilities. The workers joined Unifor in February and negotiations started in late October. After two days, the employer broke away from conciliation and requested a no-board report, which opens the door to locking out the workers.

“These workers joined the union because they want to improve their working lives in areas of fair wages and work schedules, and want the employer to be sensitive to the effect their work has on their health and well-being both physically and mentally,” said Kelly-Anne Orr, national representative.

Orr said that the employer did not come to the table to negotiate a fair agreement and seems to have no interest in acknowledging even basic rights as required by the law.

8. Dated January 30, 2021 at https://ca.finance.yahoo.com/news/iiroc-trading-halt-nee-db-180300576.html

Tentative agreement reached between Unifor and VIA Rail

OTTAWA, ONJan. 30, 2021 /CNW/ – Unifor has reached a tentative contract with VIA Rail, in negotiations covering more than 2,000 rail workers.

VIA Rail train at the Belleville Station. (CNW Group/Unifor)
VIA Rail train at the Belleville Station. (CNW Group/Unifor)

“My congratulations go to members and the bargaining committees who adapted to bargaining online through the pandemic, and remained committed to reaching a fair deal for all members [my emphasis] while VIA Rail faces truly unprecedented challenges,” said Jerry Dias, Unifor National President. “We must highlight all the work done by our members to ensure safe, clean standards on board trains and also, to ensure that the trains are in impeccable condition for the safety of this critical transit infrastructure. In the current difficult circumstances, this collective agreement secures good unionized jobs in the sector for years to come.”

The agreement covers Unifor National Council 4000 and Unifor Local 100 members, who work as maintenance workers, on-board service personnel, chefs, sales agents and customer service staff at VIA Rail.

“Unifor members in rail have made incredible contributions to the industry, and advancements in workers rights and labour laws have been made possible with thanks to them. Our members are greatly affected by the pandemic, and Unifor has put all the necessary resources to support them and counter the attempts at concessions made by the employer,” said Renaud Gagné, Unifor Quebec Director.

The new 2-year contract replaced the collective agreement that expired on December 31, 2019. Contract talks began in October 2019 and were conducted in recent months remotely, with the assistance of mediators assigned by the federal government.

“I wish to thank our members for their support throughout the bargaining process. This is a good contract that will ensure fairness for members,” said Dave Kissack, President of Unifor’s Council 4000.

Zoltan Czippel, President of Local 100 echoed the message, adding that, “This deal represents the end of a long negotiation where the bargaining team put member’s priorities front and centre. I’m proud to recommend adoption.”

Details of the deal will only be released following ratification by members. Votes will be conducted in the coming weeks.

Unifor is Canada’s largest union in the private sector, representing 315,000 workers in every major area of the economy. The union advocates for all working people and their rights, fights for equality and social justice in Canada and abroad, and strives to create progressive change for a better future.

SOURCE Unifor

 

9. Dated October 20, 2019 at https://www.newswire.ca/news-releases/unifor-reaches-tentative-agreement-with-saskcrowns-853371456.html:

Unifor reaches tentative agreement with SaskCrowns

REGINA, Oct. 20, 2019 /CNW/ – Unifor bargaining committees have signed tentative agreements with SaskEnergy, SaskPower, SaskTel, SaskWater, DirectWest, and SecureTek, ending a 17-day strike by nearly 5,000 workers across the province.

“Solidarity and the support from Unifor members at all six Crowns along with those who joined our picket lines from across the province were key to achieving this agreement,” said Jerry Dias, Unifor National President. “I want to thank Ian Davidson, President, Unifor Local 649, Dave Kuntz, President, Unifor Local 1-S, Penny Matheson, President, Unifor Local 2-S and Doug Lang, President, Unifor Local 820 for showing tremendous resolve and leadership to stand together and fight back against the regressive Moe government mandate to achieve a fair collective agreement.” [my emphasis]

The details of the tentative agreements will be released following the ratification votes, which will be held this month.

Unifor members have been escalating strike action after the employers rejected the union’s offer to go to binding arbitration. On Saturday the Poplar River power plant in Coronach was behind reinforced picket lines that only granted access to essential services staff. Unifor members also picketed SaskTel dealers across the province asking customers to support locked out workers and take their business elsewhere.

“Unifor members proved that they are vital to their communities and the Saskatchewan economy,” said Chris MacDonald, Assistant to the National President.

“This was an historic and yet complicated round of bargaining and the bargaining committees will be recommending members ratify the tentative agreement reached today,” said Scott Doherty, Executive Assistant to the National President.

The members want to thank the public, and other unions and Unifor members across the country who showed support on picket lines in more than 80 locations.

Unifor is Canada’s largest union in the private sector, representing 315,000 workers in every major area of the economy. The union advocates for all working people and their rights, fights for equality and social justice in Canada and abroad, and strives to create progressive change for a better future.

SOURCE Unifor

10. Dated July1, 2019 at http://unifor1996-o.ca/unifor-demands-fair-restructuring-agreements-for-auto-parts-workers-impacted-by-gm-oshawa/:

Unifor demands fair restructuring agreements for auto parts workers impacted by GM Oshawa

ips_media_release_photo

TORONTO Unifor is reinforcing its demand for fair agreements [my emphasis] for workers negatively impacted by the discontinuation of vehicle production at General Motors Oshawa as the union enters discussions with multiple auto parts and service provider companies.

“As Unifor warned, thousands of additional independent parts and suppliers (IPS) workers are now facing job loss as a direct result of the assembly line closure at GM Oshawa,” said Unifor National President Jerry Dias. “The workers deserve respect and support as operations are restructured or wound down. Unifor is determined to secure agreements that address important issues such as transition to retirement opportunities, financial support, and adjustment support.”

Vehicle manufacturing at Oshawa GM will start to wind down in late September and cease completely in December 2019. This will cause the closure of several independent parts suppliers. An estimated 1,700 Unifor members are facing job loss due to closure or restructuring.

“In every one of these workplaces, severance is a key issue. Workers facing job loss need a financial bridge as they transition. That is why we are demanding that all of these companies step up and provide enhanced severance for affected workers,” said Colin James, President of Unifor Local 222.

The majority of the job losses will occur at CEVA Logistics, Syncreon Supplier Park, Inteva, Oakley, Auto Warehousing, Marek Hospitality, Securitas, Robinson Solutions, Robinson Building Services and Lear Whitby.

On Sunday June 23, Lear Whitby workers, members of Unifor Local 222 in Oshawa, met with Local and National Union leadership to discuss concerns over pension eligibility, severance, and health care benefits.

“This is devastating to workers at companies like Lear Whitby where the vast majority of the workers are in their mid-fifties and have at least 30 years of service. The closure creates a massive problem as it currently prevents many of these members from reaching retirement eligibility under the pension plan. This issue highlights why we fought so hard to try to convince GM to keep building vehicles in Oshawa,” said Dias. “On the other end of the spectrum are companies like Oakley and CEVA where our members are younger and need access to adjustment centre funding as they try to transition to new employment.”

The union is actively engaged in negotiations with all involved employers as it calls on the companies to provide the necessary support for workers in all age groups.

Academic Narrow-mindedness, or the Idealization of Collective Bargaining: A Reason for Starting a Blog, Part One

It has been slightly more than three years since I started this blog. I thought it appropriate to begin a series of posts on what, partly, inspired me to start this blog. 

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

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

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

Abstract

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

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

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

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

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

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

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

Yours truly,

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

“The author identifies his/her aim as using the  Nova Scotia teachers’ strike “in order to analyze critically the nature of collective bargaining in a capitalist context.” The author disputes the assumption that workers under capitalism can use collective bargaining (hereafter CB) to create human workplaces, using Jane McAlevey’s book with a new paradigm for collective bargaining as an example of why even reformed CB will not succeed in transcending what are  CB’s inherent limitations as a strategy for creating a humane workplace.

I think this submission could be a useful addition to research and thinking about the limitations of  CB in altering teachers’ work, however for it to be so it requires significant revision.

 • The Nova Scotia strike becomes lost in the paper’s analysis. If the author wants to retain this focus, the critique of McAlevey’s book should be applied to the Nova Scotia strike.”

This reviewer at least appears to capture my intent—although s/he subsequently fails to show such understanding. I do indeed aim at showing the limitations of collective bargaining even in the improved form of Jane McAlevey’s approach to collective bargaining.

However, given this focus, the Nova Scotia strike and Brian Forbes’ implicit contrast of what “good collective bargaining” should be when compared to what transpired during the Nova Scotia teachers’ strike (Brian Forbes’ implicit attitude is an example of what the typical trade-union leaders’ attitude is towards collective bargaining), serve as an exemplar of the implicit attitude of union representatives towards collective bargaining as a process and product (the collective agreement). In other words, I use the case of the NTSU and Brian Forbes’ implicit use of the run-of-the bill bargaining process (and the resulting run-of-the-mill collective agreement) as a representative of what is typical among union representatives in their practical dealings with workers, managers and employers: As John Dewey argued, in his Logic: The Theory of Inquiry, pages 436-437):

We arrive again at the conclusion that “induction” is a name for the complex of methods by which a given case is determined to be representative, a function that is expressed in its being a specimen or sample case.’ The problem of inductive inquiry, and the precautions that have to be observed in conducting it, all have to do with ascertaining that the given case is representative, or is a sample or specimen. There is no doubt that some cases, several or many, have to be examined in the course of inquiry: this is necessarily involved in the function of comparison-contrast within inquiry. But the validity of the inferred conclusion does not depend upon their number. On the contrary, the survey and operational comparison of several cases is strictiy instrumental to determination of what actually takes place in anyone case. The moment anyone case is determined to be such that it is an exemplary representative, the problem in hand is solved. It is customary to infer from examples and illustrations; from what Peirce calls diagrams or “icons.” That course has been frequently followed in the course of previous discussions. But it should be clear without argument that the entire value of such a mode of inference depends upon whether or not the case is genuinely exemplary and illustrative.

I used the NSTU [Nova Scotia Teachers’ Union] strike and Brian Forbes’ attitude towards an obvious breach in collective-bargaining protocol as an exemplar or representative  of the limitations of traditional collective bargaining.

I used Jane McAlevey’s book as an illustration (exemplar) of a changed collective-bargaining practice that, though it breaks new ground in some areas of collective bargaining, nonetheless shares many of the assumptions of the traditional collective-bargaining model. Ms. McAlevey persistently refers to the contract that she negotiated as a “good contract.”

In addition, when Ms. McAlevey presented her model in Toronto, I specifically pointed out that I had tried to expose the limitations of the collective-bargaining process by indicating what we had demanded and what we had obtained. Her response was that she did not know whether that was such a good idea. That is the point—her model, like the traditional collective-bargaining model, does not enable workers to see the limitations of the model. Ultimately, despite the innovations in her model, Ms. McAlevey idealizes collective bargaining in a modified form—her own model. The point is not to idealize it but to expose its inadequacies.

“• The language is often polemical in a way that undercuts the author’s credibility as a passionate and also objective analyst. Describing an action as “underhanded” isn’t useful or necessary. Present instead empirical evidence.  One way this can be done is to identify who besides the author understood the action as “underhanded”? Others present? Leaflets? This becomes the source of the description.”

The suggestion of providing further evidence is useful in order to bolster the argument. However, to claim that polemics undercuts credibility is an academic point of view. The audience to whom I aim are workers—not academics. What would be an “objective” analysis in the context of a society dominated by a class of employers?

“• Often the article is not clear in its focus. Is this a critique of the limitations of CB or of the limitations of trade unionism under capitalism?”

It is both; they are not mutually exclusive. In fact, they are tied together during this time. Some trade unions may not engage in the rhetoric of fair contracts and so forth, but where are they? Certainly in Canada the trade-union leaders idealize both the collective-bargaining process and the resulting collective agreement. See two previous posts that illustrate the rhetoric of fair contracts by the two largest unions in Canada (  Fair Contracts (or Fair Collective Agreements): The Ideological Rhetoric of Canadian Unions, Part One  and ???     ). 

“If it’s the former, what would unions do to protect workers’ rights if they didn’t negotiate contracts in a capitalist society?  What might workers’ struggles look like?”

It is not a question of not negotiating contracts; it is a question of not idealizing such contracts and bullshitting workers by claiming that such contracts are somehow “fair” or that they somehow are “livable”–a typically apologist point of view of management and union alike.

“A provocative example of this is how teachers and school employees in West Virginia who do
not have the right to bargain collectively or the right to strike have closed down the schools in the entire state for a week, outside of the union’s control or leadership.”

This is beside the point. The strike was a wildcat strike; wildcat strikes have occurred in other contexts. Such strikes have not aimed at challenging the inadequacy of collective bargaining in principle but the inadequacy in particular circumstances. They may or may not challenge such inadequacy—but the point is to do just that.

In addition, did the West Virginia strike actually challenge the idealization of collective bargaining? It could have the potential to do so—but whether such potential was realized would require evidence that the potential was realized in practice.

Unless there is evidence to the contrary, it can be concluded that since collective bargaining is illegal in West Virginia, the strike did not challenge the principle of collective bargaining. It was an effort to achieve results without collective bargaining by going on an illegal strike. Workers have gone on illegal (wildcat) strikes before (even when collective bargaining is legal) without challenging the inadequacy of collective-bargaining in principle. Such strikes do indeed challenge the inadequacy of particular collective agreements (and the concomitant collective-bargaining process), but they often do not often do so explicitly and need not be a general criticism of the collective-bargaining process or a general criticism of collective agreements. That is what is needed now.

[For an analysis of the West Virginia teachers’ strike, see the post The West-Virginia Teachers’ Strike and a Socialist Movement).

“• I think the piece will be more focused without the author’s anecdotes about his/her work experiences as a teacher and union representative.”

In other words, forget about a worker’s own experiences “as a teacher” (that is to say, as a worker of a particular kind) “and union representative” (that is to say, as a radical union representative who questioned the legitimacy of the power of employers to dictate to workers what to do, when to do it and how to do it)). Linked to the claim that the polemical style lacks objectivity, the idea that a radical worker’s personal experiences should be excluded is meant to “academize” the writing—making it more conform to the typical form and content of academic writing.

Is there really any wonder why I stopped trying to have any further writings published by means of formal academic journals?

“But if these are included, they should be more closely tied to analysis about the Nova Scotia strike.”

The Nova Scotia strike is an occasion for illustrating the inadequacy of collective bargaining and the inadequacy of present unions—and my experiences as a teacher (and as an employee) and as a radical union representative were also to be illustrative of this. The focus is hardly the Nova Scotia strike; the issues are much wider.

“• The author briefly discusses education, teachers’ work and CB. If this material is retained, it should make note of some of the considerable research on teachers’ work.”

Teachers are employees; the specificity of their work as teachers is irrelevant in relation to the issue of their existence as employees and their relationship to the typical process of collective bargaining and to the collective agreement (although the specific nature of their work may have an impact in other circumstances). To discuss that specificity would detract from the focus on the inadequacy of collective bargaining and the collective agreement.

“I suggest this manuscript be taken through a significant revision, moderating its language, supporting its claims with evidence,  to do what it states is its focus: A critical examination of the limits of CB in the strike in Nova Scotia.”

The academic contradicts her/himself. S/he accurately characterizes, initially, the manuscript as using the Nova Scotia teachers’ strike as a means of criticizing collective bargaining. Now, s/he claims that I claim that my focus is a critical examination of collective bargaining in the strike in Nova Scotia. They are not the same thing by any means. S/he aims to narrow my aim, but such narrowness is exactly what I am criticizing.

“The questions it is addressing seem to me  “What was needed to improve teachers’ working conditions?” “How did ideology about the role of unions in capitalism and within that, the importance of CB, affect the outcome?”  The latter question will involve application of Jane McAlevey’s book.”

Again, it is the reviewer who is confused—s/he at first accurately characterizes my intent in the article and then inaccurately characterizes it.

“If the author wants to discuss a framework for labor that transcends CB, I suggest looking at Stanley Aronowitz’s “The death and life of American labor: Toward a new workers’ movement.” Although it focuses on US labor its arguments seem quite relevant to the Canadian context. “The future of our schools,” by Lois Weiner might also be useful as it discusses the limitations of CB.”

I subsequently looked at Aronowitz’s book and included a reference to it in this blog (see The Educational Needs of the Labour Movement: A Radical Imagination). Aronowitz does provide an interesting point of view that is consistent with this blog. Thus, Aronowitz argues that we need to have a new labour movement with a social vision of the good life. However, my emphasis in the article that I sent was on the implicit inadequacy of the collective-bargaining model that Brian Forbes implicitly uses to criticize what happened during the Nova Scotia teachers’ strike. A new social vision requires a break, at least in Canada, with the typical idealization of the collective-bargaining process and the idealization of the collective agreement.

Although there were a few useful suggestions in the above review, in general the reviewer failed to adequately capture how I carried out of my intent to expose the limitations of collective bargaining and collective agreements. Along with the comments of the other reviewers, I decided that it was a waste of time to attempt to have my views formally published in academic journals. Starting a blog would carry out more effectively my intent.

A future post will look, critically, at the second reviewer’s assessment.

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?

Working for an Employer May Be Dangerous to Your Health, Part Six

Injuries, disease and death are the common experiences of many Canadian workers–and undoubtedly workers in all countries dominated by the power of a class of employers. This is so since, on the one hand, profit is the driving force of human life in such societies (see  The Money Circuit of Capital for an explanation of this). On the other hand, workers in such a society are themselves costs, on the same level as the machinery, buildings, computers, raw material and other objects they use to produce commodities. The pandemic has shown this, unfortunately, to be the case, especially in the United States, as workers have been sacrifice in order to open up an economy dominated by a class of employers. 

Even apart from the pandemic, the fact that human beings are both living beings and self-conscious living beings is used by the class of employers in order to obtain as much profit as possible in the shortest possible time. To do so involves a reduction in the costs of production by reducing the number of workers or by reducing the costs of the means of production. By intensifying work through the reduction of the number of workers to the bare minimum, employers produce conditions that can easily result in injury, disease or death. By focusing on cutting costs to the maximum by, for example, not purchasing necessary safety equipment, employers also produce conditions that can easily result in injury, disease or death.

This situation is not generally recognized by capitalist governments or states. The sacrifice of workers for the benefit of the class of employers is often hidden–with the implicit or explicit collusion of the capitalist government or state. Thus, Bob Barnetson points out, in The Political Economy of Workplace Injury in Canada, page 173:

The purpose of this book was to examine how Canadian governments prevent and compensate workplace injury, who benefits from this approach, and how they benefit. The first four chapters suggest that governments do a poor job of preventing injury. The use of ineffective regulation appears to represent intentionally prioritizing profitability over safety. And the state has contained the ability of workers to resist this agenda by shaping the discourse around injury and the operation of these systems. Examining injury compensation reveals how seemingly neutral aspects of claims adjudication and management financially advantage employers and limit the ability of workers to resist unsafe work.

Together, this analysis suggests that the prevention and compensation of workplace injuries are not solely technical or legal undertakings, but intensely political ones that entail serious consequences — most often for workers. This conclusion is quite upsetting. But the facts are difficult to dispute. Whatever the drawbacks of Canadian injury statistics, they demonstrate that hundreds of thousands of workers are injured each year on the job. This raises two fundamental questions. First, why are so many seriously injured every year? And, second, why don’t governments do something about it?

Unions, of course, do seek to protect workers from the more vicious forms of health and safety violations. However, although the intentions of union reps may be praiseworthy, should we not wonder why they fail to question the basic source of injuries, disease and death in workplaces in modern society: the existence of a class of employers that uses human beings as means for purposes not defined by those who work?

All radicals should ask union reps the same questions: “First, why are so many seriously injured every year? And, second, why don’t governments do something about it?” They should also ask them: Why do union reps use such clichés as “decent work,” “fair contracts,” “economic justice,” “fairness,” “fair labour laws save lives” when the situation workers face, whether unionized or non-unionized, is indecent, unfair and unjust–a situation that leads to so many injuries, diseases and deaths?

 

 

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.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SOLIDARITY RALLY HIGHLIGHTS NEED FOR WORKING CLASS UNITY

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

The Silences of the Social-Democratic Left

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

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

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

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

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

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

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

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

CUPE says strike next week if no dates scheduled

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

I asked the following:

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

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

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

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

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

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

Page 66 of this collective agreement has the following clause:

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

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

Consider another collective agreement for the same local:

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

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

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

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

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

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

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

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

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

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

On their Facebook page, JFAAP posted:

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

I made the following comment:

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

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

In another post, JFAAP posted:

No photo description available.

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

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

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

The response was–silence.

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

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

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

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

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

What do you think?