A Short List of the Largest Private Employers in Edmonton, Alberta, Based on the Number of Employees

The following is a list of the twenty-two largest private employers in Edmonton, Alberta, Canada, based on the number of employees. I restrict this list to private employers since the number of employees across government departments seems to be provincial and not city-based. For example, the number of employees in Alberta Health Services is 123,000, which far exceeds the number of employees for private-based companies. The list also excludes not-for profit companies.

The statistics are based on the following site: Largest Employers in Edmonton

  1. Stantec: 22,000
  2. PCL Employees Holdings Ltd.: 16,000
  3. Bee-Clean Building Maintenance (Gingras Enterprises): 9,500
  4. Katz Group: 8,000
  5. Brick Warehouse Corporation: 5,700
  6. ATB Financial: 5,600
  7. AutoCanada Inc.: 4,200
  8. Chemco: 2,500
  9. EPCOR Utilities: 2,340
  10. Canadian Western Bank: 2,300
  11. Lilydale (Sofina Foods Inc.): 2,300
  12. Services Credit Union Ltd.: 2,200
  13. Alcanna: 2000
  14. Lockerbie & Hole Inc.: 2000
  15. Fountain Tire: 1,600
  16. Morgan Construction & Environmental Ltd.: 1,500
  17. Pyramid Corporation (A PTW Company): 1,300
  18. DynaLIFE: 1,200
  19. West Edmonton Mall Attractions Inc.: 1,200
  20. All Weather Windows: 1,000
  21. IBM Canada Limited: 1,000
  22. K-Bro Linen Inc.: 1,000

Total Employees: 94,140
Average Employees per Employer: 4,279 

The statistics do not reflect in any precise manner the number of employees specifically employed in Edmonton. For example, Stantec employees are spread across the world, but without further dis-aggregation of the statistics, it is impossible to tell how many employees Stantec employees only in Edmonto. Consequently, the total number of employees is skewed as is the average employees per employer.

In any case, what is the power of these employers in Edmonton? In Alberta? In Canada? In the world? Compare your power to its power, whether you are unionized or not? Could it not be concluded that, compared to such employers, you have little power? As a worker? As a unionized worker? As a voter? As a legal subject? All talk about freedom, democracy and the like ignore such realities.

In the movie The Lord of the Rings, Part 2, The Two Towers, King Theoden says: “How did it come to this?” How indeed did it come to the point where individuals have little power and employers have concentrated power?

To be sure, belonging to a union can increase the power of individuals and decrease to a limited extent the power of an employer, but we should not have the illusion that unions somehow balance the power relations. Even if there were a balance of power, since employers’ goal is external to employees, such a balance would not be maintained for very long; employers would revolt and attempt to subordinate workers to their wills.

The social-democratic left have little to say on this score. They talk about “fair contracts,” “decent work,” and the like. They themselves contribute to the power of employers by failing to look beyond such cliches to the reality of the power that employers have as a class over workers at work (whether unionized or not), in “public life” and in the political sphere. Or they talk about such employers “paying their fair share of the taxes.” In such a view, as long as such employers pay a certain percentage of taxes, they have the right to use workers as things (see The Money Circuit of Capital).

Does this situation express the freedom of workers? Or the freedom of employers? Their freedom to dictate to workers what to do, when to do it, how to do it and how much to produce?

What should be done about such a situation? The first thing to be done is to recognize the situation and to discuss its economic social and political implications. The radical left here in Toronto (and probably elsewhere) do not do so. They talk about capitalism this and capitalism that, but they are so vague that no one takes them seriously. Or, alternatively, they are so afraid of upsetting trade unionists that they timidly bring up such questions. Is this what we need–given the situation that workers working for such employers face?

May Day 2022 in Toronto, Ontario, Canada: The Case of the President of the Ontario Public Services Employee Union (OPSEU), J.P. Hornick, Part One: A Fair Contract

Introduction

I did not attend the May Day rally here in Toronto. I did however attend it in 2014 (I had moved to Toronto at the end of August 2013). At the time, in 2014, it looked mainly like a protest of the fringe left who were not supported by organized unions. There were a few unions present (if I remember correctly, for example, CUPE 3903, a union “representing contract faculty, teaching assistants, graduate assistants, and part-time librarians and assistants.”

I did, however, in 2022, look at a couple of videos on YouTube that showed some of the speeches given. This year union representatives were present.

Now, I have little doubt that my personal presence at the rally would make no difference politically. On the other hand, personal presence is sometimes necessary to show workers’ strength in numbers. However, from the speeches that I heard on YouTube, it was evident that the main agenda was a critique of the Conservative Doug Ford government here in Ontario (elections were on June 2, 2022).

Of course, it is understandable that the immediate aim should have been the defeat of the Ford government. The government has been, as some of the speakers had indicated, a very pro-employer government.

On the other hand, there was no indication of any other point of view than the implicit social-democratic or social-reformist point of view. After workers have experienced the personal stress of having to work under even worse conditions than they normally do on a global scale, and after many citizens, immigrants and migrant workers have personally experienced tragedy in their lives during the pandemic, the need to organize to end the class power of employers was nowhere to be seen.

Thus, one video shows a speech by J.P. Hornick, the relatively new president of the Ontario Public Service Employees Union (OPSEU). Her main target is Doug Ford’s government.

Ms. Hornick is likely an improvement over the former president of OPSEU, Warren “Smokey” Thomas (see my criticisms of his views in the posts 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) ) and Smokey Thomas, President of the Ontario Public Service Employees Union (OPSEU)–A Good Example of the Real Attitude of Many Union Leaders Towards the Ruling Class). But then again, it would be hard to not be an improvement over a union “leader” who criticizes those who criticize Conservative Ontario leader Doug Ford.

Indirect Evidence That Ms. J.P. Hornick, President of the Ontario Public Service Employees Union (OPSEU) is a Social Democrat or a Social Reformer

But who is JP Hornick? Obviously, to characterize any person is a complicated process that involves delving into history. As John Dewey once noted (Logic: The Theory of Inquiry), logically, to properly describe something necessarily involves a narrative form, with a beginning, a middle and an end. The following obviously falls short of this standard, but at least it is a beginning. I invite others to improve on it.

Ms. Hornick works (or worked) at George Brown College in Toronto as a professor. From https://www.georgebrown.ca/preparatory-liberal-studies/liberal-arts-sciences/school-of-labour/staff-profiles ):

Professor JP Hornick

JP Hornick is the current Coordinator of the School of Labour at George Brown College and a long-time social activist. JP is also vice-chair of the OPSEU Divisional Executive for the Colleges of Applied Arts and Technology–Academic. She is presently on the Board of Directors of the community arts organization Red Dress Productions.

An experienced educator and steward, JP is committed to bringing a socially progressive labour perspective to students and workers through workshops, training, and community events

A natural question would be: What is the School of Labour? A webpage from the College ( https://www.georgebrown.ca/preparatory-liberal-studies/liberal-arts-sciences/school-of-labour) indicates the following: 

George Brown College has partnered with the Labour Council of Toronto and York Region since 1992 to establish and maintain the School of Labour. It is governed by a Joint Board, co-chaired by the Presidents of the College and of Labour Council.

Together, our commitment is to socially progressive curriculum that respects working people and expands their access to post-secondary education. We work to make George Brown a “labour-friendly” college because we believe that labour contributes to and enriches not just the college’s culture, but the whole society’s.

Our Mission Statement

Our mission is to:

  • Facilitate improved access to post-secondary education and socially progressive, relevant curriculum for working people.
  • Facilitate effective working relationships among the College, unions and their members for the benefit of working people.
  • Bring a progressive labour perspective to the College and its students.
  • Help ensure that George Brown College retains and strengthens a reputation as a ‘labour-friendly’ educational institution, and an awareness that labour contributes to and enriches the culture of the college.

Working Principles

Both the Labour Council and George Brown College are guided by the following principles in working together:

  • A respect for working people, the union movement and its educators.
  • A respect for the right of working people to formally-accredited, worker-centred education and training.
  • A commitment to expanding the access of workers to education and training.
  • A belief in the educational value of work experience.
  • A belief in the value of formal links between the publicly-funded education system and the trade union movement.

In offering training and services to unionized workers, and labour education to George Brown College students, the School of Labour works in coordination with the Labour Education Centre (LEC), the educational project of the Labour Council.

Coordinator: JP Hornick
Phone: 416.415.5000 ext. 3531 Email: jphornic@georgebrown.ca

Labour Educator: Kathryn Payne
Phone: 416-415-5000 ext. 3414 – E-Mail: kpayne@georgebrown.ca

Given the link between the School of Labour and Toronto & York Region Labour Council, it is probable that the School of Labour is a social-democratic or reformist organization. John Cartwright, the former president of the Toronto & York Region Labour Council wrote the following in 2018:

We need to fight for labour law reform including broader based bargaining so that precarious workers can have a vehicle in which to achieve dignity and economic justice.

My comment to that statement, made in a previous post:

It is unlikely that he means by economic justice the creation of a working-class movement organized to abolish the treatment of workers as a class. He probably means the signing of a collective agreement, with its management rights clause. (For an example of a management rights clause.  Management Rights: Private Sector Collective Agreement, British Columbia

Compare this with the money circuit of capital (The Money Circuit of Capital) to determine whether workers experience economic justice even in the best-case scenario of a collective agreement. Or do not socialist principles include opposing treating human beings as things, as mere means for others’ purposes?

More Direct Evidence that Ms. Hornick is a Social Democrat or Social Reformer

But this is only indirect evidence that Ms. Hornick holds social-democratic or social-reformist views–views that aim to humanize the class power of employers (alias capitalism) rather than abolish it. Is there more direct evidence? Yes, there is. 

Ms. Hornick, although likely an improvement over Mr. Thomas’ leadership, shares much of Thomas’ beliefs–and those of other union leaders throughout Canada. Thus, she, like they, uses the rhetoric of “fair contracts.”

  1. From  https://opseu.org/news/on-the-line-college-faculty-strike-bulletin-4/16849/, dated November 1, 2017: 

On the Line: College Faculty Strike Bulletin #4

Your bargaining team is ready to bargain when contract talks resume Thursday.

“College faculty are taking a stand for a better college education system. 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.” JP Hornick, bargaining team chair. [my emphasis]

On November 8, 2017, OPSEU had a news conference concerning negotiations between academic faculty in Ontario colleges and the College Employer Council (CEC, or the Council), representative for the employer. At the beginning of the presentation, there is written the following: 

OPSEU college faculty held a press conference in Toronto, Tuesday, November 7, affirming their commitment to bargaining a fair contract that includes quality education and fairness for all faculty. [my emphases]

A further message indicates how the management side acted: 

Colleges have called for a forced vote on their final offer, which contains serious concessions. Meanwhile, faculty remain strong on the picket line at colleges across the province. 

Mr. Thomas, who at the time was the president of OPSEU, then indicated that the union negotiating team had not thought that there was a great gulf between the parties to negotiations. However, on Monday the government as negotiator indicated that it was going to ask the Ministry of Labour to conduct a vote–a legal move that they can do once. Mr. Thomas then indicated that the union negotiating team modified its demands and met the employer more than half way. They wanted the Council  to come back to the bargaining table since they were very close to a deal. 

Ms. Hornick, presumably as a member of the negotiating team, then implied that the Council’s request for a vote was continuous with the tactics of the Council since July, “which is to dictate rather than negotiate.” Despite the dictatorial attitude of the Council, both sides did manage to agree on many things before the last request for a vote. What was mainly left was the academic freedom piece. That issue revolved around “who is better placed to make decisions for our classrooms? Is it the faculty who are working with the students, or administrators who may have not even taught before or don’t know the subject matter.” The union negotiating team tabled an offer at that point, and the Council came back with a new final offer that contained many concessions that were designed to undermine the work the union negotiating team had done on protecting contract faculty. Their counter offer also tried to create unlimited overtime and individual bargaining with faculty. The union negotiating team could not accept this. The Council then indicated  that it was taking this to the Ontario Labour Relations Board for a forced offer vote. 

The night before this conference, the union negotiating team came back with a counter offer: retain the old collective agreement except for the items that both had already agreed to during negotiations, such as language that would protect contract faculty in terms of job security and seniority. The union negotiating team also took the language concerning academic freedom used by other party and worked into a clause that should have been acceptable by Council. Ms. Hornick then summarized what the union negotiating team had offered the night before the conference:  

  1. status quo
  2. things they had agreed on 
  3. and academic freedom–a no-cost item

But the Council rejected the offer.

Mr. Hornick then proceeded to indicate that the union negotiating team was still ready to negotiate so that a final negotiated agreement could be taken for ratification and faculty would be happily back in our classrooms very soon. 

The college faculty went out on strike, and the strike lasted for about five weeks, until the Liberal government of Kathleen Wynne legislated the workers back to work. 

To return to the main issue: how is it possible to obtain “fair contracts” in the context of the class power of employers? What does the term “fair contracts” mean? Sam Gindin, former research director for the Canadian Auto Workers (CAW) (now Unifor), wrote the following:

[But] unless we can respect workers enough to address the reality and win them over, we’re left with a progressive demand that is in essence an abstract slogan.

Is this persistent reference to “fair contract” an abstract slogan? Does it not cover up the real nature of the power relation between management and workers? 

What of the phrase “fairness for all faculty?” What does that mean? Is it possible to achieve fairness for all faculty in the context of the employer-employee relation? Such a relation is hierarchical and characterized by dictatorship (see for example  Employers as Dictators, Part One). 

Or is the following an example of a “fair contract?” From Academic Employees Collective Agreement Between College Employer Council (the Council) for the Colleges of Applied Arts and Technology and: Ontario Public Service Employees Union (for Academic Employees), effective from: October 1, 2017 to: September 30, 2021. 

Article 6
MANAGEMENT FUNCTIONS

6.01 It is the exclusive function of the Colleges to:

(i) maintain order, discipline and efficiency;

(ii) hire, discharge, transfer, classify, assign, appoint, promote, demote, lay off, recall and suspend or otherwise discipline employees subject to the right to lodge a grievance in the manner and to the extent provided in this Agreement;

(iii) manage the College and, without restricting the generality of the foregoing, the right to plan, direct and control operations, facilities, programs, courses, 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 campuses and facilities, 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.

6.02 The Colleges agree that these functions will be exercised in a manner consistent
with the provisions of this Agreement.

Who made the employer the dictator? Why is it that they have such power? Why the separation of administrative powers from the actual work of the workers who constitute and make up the university? And not just academic faculty. There are library workers, administrative personnel, cleaning personnel, trade persons and so forth. 

What of “good jobs?” 

As I wrote in another post (The Poverty of Academic Leftism, Part Three: Collective Bargaining and the Interests of the Working Class): 

Furthermore, a few privileged sets of workers (such as tenured university professors) may seem to have “decent jobs,” but even that situation has eroded over time. It should not be forgotten that such relatively privileged workers exist in a sea of workers, whether unionized or not, who are things to be used by employers systematically and legally. University professors cannot engage in research, teaching and administrative activities unless there are other workers who produce their food, clothing, cars and so forth.

The concept of “decent jobs” or “decent work” even in the case of tenured professors cannot be divorced from the general economic, political and social context within which such workers work. As Thomas Hodgskin wrote (1825):

To enable … the labourer to devote himself to any particular occupation, it is … necessary that he should possess … a conviction that while he is labouring at his particular occupation the things which he does not produce himself will be provided for him, and that he will be able to procure them and pay for them by the produce of his own labour. This conviction arises, in the first instance, without any reflection from habit. As we expect
that the sun will rise tomorrow, so we also expect that men in all time to come will be actuated by the same motives as they have been in times past. If we push our inquiries still further, all that we can learn is, that there are other men in existence who are preparing those things we need, while we are preparing those which they need. The conviction may, perhaps, ultimately be traced them to our knowledge that other men exist and labour.

Ms. Hornick, of course, cannot be accused of focusing exclusively on the work of tenured professors. She, along with the other members of the bargaining team, attempted to provide protection for contract faculty as well. However, the implicit standard of the bargaining team in general and Ms. Hornick in particular for determining what constitutes “good jobs” is permanent, relatively secure employment–with a particular employer.

Even if all faculty in the colleges had relatively secure positions (a big if), in the first place, there are other workers in the colleges that do not have such security. Furthermore, to ignore the insecurity of other workers in all branches of work (industrial, commercial, financial, transport, agriculture, construction, high technology, education, health care) and to call the isolated work of relatively secured work at colleges “good jobs” is to define what constitutes a good job on the basis of a part of a whole that involves ignoring the whole of which it is a part. 

To ignore the division of labour and what makes possible the work of any particular part simply leads to narrow-mindedness and, ultimately, to the illusion of security since, if the sea of other workers involves insecure work, how can even the secure workers remain secure?

As I wrote in the other post: 

This division of labour is implied in a poem by one of the most famous poets of Guatemala, Otto Rene Castillo (from Apolitical Intellectuals):

Apolitical Intellectuals

One day
the apolitical
intellectuals
of my country
will be interrogated
by the simplest
of our people.

They will be asked
what they did
when their nation died out
slowly,
like a sweet fire
small and alone.

No one will ask them
about their dress,
their long siestas
after lunch,
no one will want to know
about their sterile combats
with “the idea
of the nothing”
no one will care about
their higher financial learning.

They won’t be questioned
on Greek mythology,
or regarding their self-disgust
when someone within them
begins to die
the coward’s death.

They’ll be asked nothing
about their absurd
justifications,
born in the shadow
of the total lie.

On that day
the simple men will come.

Those who had no place
in the books and poems
of the apolitical intellectuals,
but daily delivered
their bread and milk,
their tortillas and eggs,
those who drove their cars,
who cared for their dogs and gardens
and worked for them,
and they’ll ask:

“What did you do when the poor
suffered, when tenderness
and life
burned out of them?”

Apolitical intellectuals
of my sweet country,
you will not be able to answer.

A vulture of silence
will eat your gut.

Your own misery
will pick at your soul.

And you will be mute in your shame.”

To focus exclusively on the work of a bargaining unit (which is what unions do, at least in Canada) while neglecting the general context in which the bargaining unit functions is a narrow and sectionalist point of view that ignores the reality of social interdependence of workers on each other. As Hodgskin pointed out, pages 45-46: 

To enable either the master manufacturer or the labourer to devote himself to any particular occupation, it is only necessary that he should possess … a conviction that while he is labouring at his particular occupation the things which he does not produce himself will be provided for him, and that he will be able to procure them and pay for them by the produce of his own labour. This conviction arises, in the first instance, without
any reflection from habit. As we expect that the sun will rise to-morrow, so we also expect that men in all time to come will be actuated by the same motives as they have been in times past. If we push our inquiries still further, all that we can learn is, that there are other men in existence who are preparing those things we need, while we are preparing those which they need. The conviction may, perhaps, ultimately be traced then to our knowledge that other men exist and labour.

The unconscious dependence of one set of workers on other workers, however, should not be used as a reason for omitting such objective dependence; those who represent workers should acknolwedge such dependence–after all, such objective dependence is the basis for arguing for the need for solidarity among workers. 

Admittedly, tenured professors have much more freedom in their work than untenured ones and contract faculty (faculty who do not have permanent status and who often experience precarious working conditions), but this freedom, when set in the context of the general lack of freedom among the working class, needs to be taken into account when referring to “fair contracts” and “good jobs.” Freedom for a minority of workers that involves the negation of freedom for the majority of workers hardly constitutes freedom based on working-class solidarity. 

As for “quality education,” although it is certainly better to fight for faculty workers who have a more stable position and thus provide more consistent and continuous service to students, quality education as a goal requires a consideration of the entire educational system, from kindergarten to university. For example, what is Ms. Hornick’s position with respect to the existence and need for grades (marks) when evaluating a student’s work? Does she think that the existence of grades interferes with the learning process? Collective agreements hardly have begun to address that, and I doubt that Ms. Hornick refers to this at all in her reference to “quality education.” Her reference is to a very narrow definition of what constitutes “quality education”–limited in reference to the immediate situation of the university. (For a critique of the use of grades in schools, see The Expansion of Public Services Versus a Basic Income, Part Two: How the Social-democratic Left Ignore the Oppressive Nature of Public Services: Part One: Oppressive Educational Services). 

2. On May 5, 2021, we read: 

Tweet

Conversation

Of course, unionized settings, by limiting the power of management, do tend to keep communities safER, but hardly SAFE. This is bullshitting the workers. Another union rep was more truthful. From Steven Bittle, Still Dying for a Living: Shaping Corporate Criminal Liability After the Westray Mine Disaster, doctoral dissertation, page 202:

Another union representative expressed concern [with the proposed government legislation] that unions can be held responsible for workplace accidents, noting that unions and employees have little decision-making control with the organization:

“…basically we wanted the legislation to go after corporate bosses, basically, because
they’re the ones that make the decisions. At the end of the day any decision that’s
made on anything to do with the business comes about as a result of management’s
decision. It doesn’t come about because of a union decision. We wish, but it doesn’t.
They have the ultimate authority to manage, and that authority is only restricted by
terms of a collective agreement, and in very few cases, maybe in terms of regulations or legislation. So we were hoping that it would focus more on criminal liability for those that have the power to make decisions. But in reality what it does is that it will hold anybody accountable if the investigation shows there was any part played in any particular incident by anybody from the janitor right up to the CEO. Now some people will argue, why not? Well normally, in my experience in almost forty years, is that any decision made by the janitor is usually something that is usually handed down from above, right. And there are very few cases where you could actually cite where somebody at that level had any type of malicious intent to do anything to cause harm “(Union representative, Interview 12).

3. From    http://www.local244.ca/2022/jobaction , dated January 17, 2022: 

W2R Update #4: Town Hall Meeting, Jan 5, 2022 06:30 PM

5. What should I tell my students about work-to-rule?

You are invited to adapt either of the following messages, to suit your purposes…: 

“In response to the College Employer Council’s decision to unilaterally impose employment conditions after college faculty voted to support strike actions (https://www.collegefaculty.org/2021/12/17/opseu-sefpo-stands-in-support-of-college-faculty-members/), Ontario college faculty are now following work-to-rule guidelines established by the Faculty Bargaining Team.

Faculty have chosen to focus on our students’ needs and not interrupt College courses with a strike at this time, while demanding that our employer negotiate a fair resolution to this labour dispute [my emphasis]. Work-to-rule means that we will be working only the time outlined by our current contract and workload assignments, or our job descriptions. This means that we may not be available for additional, volunteer work that we may normally do, or work outside of regular work hours. Therefore, we may take more time than usual to respond to emails or other forms of communication and any additional work-related requests.

Currently we are in Phase 2 of the planned work-to-rule job actions. For more information on these actions including a work-to-rule FAQ, please visit: https://www.collegefaculty.org/work-to-rule/.

We appreciate your patience and your support in our efforts to improve working conditions for Ontario college faculty and the learning conditions of Ontario college students.”

In solidarity,

Your CAATA Bargaining Team

Ms. Hornick was chair of  the CAATA bargaining team at the time. 

4. The following is from a series of bargaining updates: From  https://opseu354.ca/bargaining-updates/   : 

Faculty solidarity works: your team is doing everything we can to protect the year for students, and to achieve a fair settlement that addresses faculty needs. It is up to the College Presidents to do their part.

In solidarity,

JP, Jonathan, Katie, Michelle, Ravi, Rebecca, Shawn

Your CAAT-A Bargaining Team

I assume JP means J.P. Hornick.

Ms. Hornick’s position is very similar to the position of Brian Forbes, who was president of the Nova Scotia Teachers Union from 2002 until 2004 (see for example my post Academic Narrow-mindedness: A Reason for Starting a Blog, Part Three).  Mr. Forbes complained that the Nova Scotia government, as employer, was engaging in underhanded methods by, on the one hand, not negotiating in good faith and, on the other hand, in trying to negotiate independently of the negotiating team. From Brian Forbes (Spring/Summer 2017), “The Assault on Teachers’ Collective Bargaining Rights in Nova Scotia,” in pages 20-29, Our Schools/Our Selves, page 21: 

While the two [negotiating] teams were engaged in trying to establish dates for further meetings, the Union’s chief negotiator, lawyer Ron Pink, was “approached by senior representative of the province … and asked if [he] would have a ‘discussion’ with the government about the possibility of settling the issues in dispute without lengthy and diffcult negotiations.” According to Mr. Pink, that led to “negotiations” between himself and the individual who had approached him, during which he consulted with “senior leadership of the union” and relayed their responses back to the unnamed government representative. 

Brian Forbes implies that was needed was fair negotiations–the usual process of give and take of conceding certain demands of the other side of negotiations if the other side does the same to the point where an agreement is reached that addresses the interests of both parties. The intent is to reach an agreement–but not at the expense of one’s own “bottom line.” Strikes or lockouts thus form part of the whole process even in the case of “fair negotiations.” 

I have constantly questioned on this blog the idea that, from the workers’ point of view, that there can be such a thing as a fair collective-bargaining process or fair collective agreement (fair contract). This is ideology that hides the reality of oppression and exploitation for most workers, whether unionized or non-unionized. 

Ms. Hornick undoubtedly is right to show concern about the tactics of management. As she stated in her presentation in the first point above, the union negotiating team bent over backward to reach an agreement: they proposed the maintenance of the former collective agreement, with the exception of three areas. 

The above quote manages to contain two clichés: “fair contracts” and “good jobs”(a.k.a. “decent work.” Good jobs are, apparently, relatively secure jobs that pay a unionized rate and provide some protection from the power of management. The opposite of good jobs is precarious jobs that pay minimum wage, are non-unionized and provide little protection from the power of management (except as provided by legislation, such as the Employment Standards Act). “Fair contracts” are, presumably, contracts negotiated by employers in good faith, recognizing the legitimacy of the union and the concerns of workers that are negotiated. 

I will not repeat what I have written elsewhere concerning the lack of critical thinking when it comes to using these two clichés (see for example Fair Contracts (or Fair Collective Agreements): The Ideological Rhetoric of Canadian Unions, Part One: The Canadian Union of Public Employees (CUPE) and  Do Collective Agreements Convert Working for an Employer into Decent Work?). 

5. On May 9, 2022, Ms. Hornick retweeted: 

JP Hornick Retweeted

OPSEU 231
 
@local231opseu

Thinking of our Union brothers and sisters with

as they begin their job action to get a fair agreement [my emphasis]. #SolidarityForever

Quote Tweet
 
CityNews Toronto
 
@CityNewsTO
·
Industrial and commercial construction projects across Ontario are expected to be impacted after workers with the Carpenters District Council of Ontario walked off the job at midnight. toronto.citynews.ca/2022/05/09/car
 

Of course, any radical leftist, out of solidarity, would generally support strike efforts of union members, but they would take issue about the rhetoric of “fair agreement.” 

Further evidence of her reformist views is her praise of the work of correction officers–whom she believes “keep us safe” in some fashion. But I will leave that, perhaps, to follow-up post. How they do so she fails to indicate.

Conclusion

Ms. Hornick’s stint as president of OPSEU will probably be an improvement, at least initially, over the former president, Warren “Smokey” Thomas, who was president for over 14 years. However, given that she shares the same beliefs as Mr. Thomas when it comes to the issue of the fairness of collective agreements, she may well end up similar to the current views of Mr. Thomas. It would be interesting to compare Mr. Thomas’ views, when he initially became president of OPSEU, and his current views. 

In a future post on this topic, perhaps, it will be shown that Ms. Hornick’s views on the role of corrections officers, whom OPSEU represents, reflect once again a social-democratic view–if not a more conservative and reactionary view. 

The Rhetoric of Unions and Social Democrats or Social Reformers

I read the following on Facebook.

It is quite typical of social-democratic or reformist unions and social democrats or social reformers in general: The use of rhetoric to justify their activities without engaging in any form of discussion or debate. All bolded words or phrases are my emphases:

Support OPSEU Local 5119 ON STRIKE at LifeLabs!

 

After organizing to join OPSEU in 2020, 150 couriers and mailroom workers at LifeLabs have run into a brick wall trying to bargain a fair first contract. Why? Because the bosses at this billion-dollar-a-year private corporation refuse to negotiate decent wages and benefits for these workers, who earn an average of just $35,000 a year.

 

That’s why since March 14 Local 5119 members have been on strike to achieve fair working conditions and a living wage. And they need our help to get LifeLabs back to the table with a fair offer!

 

Showing Our Solidarity:
Two Ways You and Your Local Can Help!

 

1) Join the Strike Rally for a Living Wage
Thursday, March 24, 10 a.m.
LifeLabs Head Office, 100 International Blvd, Etobicoke
(West of Hwy 27, South of Dixon Road)
Bring your OPSEU flags & noisemakers!
Join, like & share the Event on Facebook
For info contact Local 5119 President Mahmood Alawneh, 647-333-5555, raneentrading@gmail.com

 

2) Donate to the Local 5119 Strike Fund
As a brand-new local, L5119 doesn’t have a reserve fund to support their members during the strike. So, OPSEU has put out a call to other locals to show our solidarity by donating to the Local 5119 strike fund.
For info and to donate, contact Local 5119 Treasurer Maria Calingaon at maria_calingaon@yahoo.ca
I certainly support such striking workers, but the rhetoric needs to be constantly criticized.  I replied: 
 
Fred Harris

 

What are “decent wages and benefits?” This phrase is simply rhetoric used by the social-democratic or social-reformist leftists without thinking about the meaning of the phrase. For example, does not working for an employer involve agreeing to be used by the employer for purposes or ends that the workers do not define? If so, what wage and benefit can convert this situation into “decent?”

 

The same could be said about the rhetorical phrase “fair working conditions.” To work for an employer in the public o private sector is inherently unfair, so why the rhetoric of “fair working conditions?” This is an uncritical and unthinking phrase bandied about by the social-democratic or social-reformist left without any thought or discussion about whether it is true or can be true in the context of a society dominated by the class power of employers.

 

The same could be said about a “fair offer.”

 

On my blog, I have already showed how the rhetoric of “fair contracts” or “fair collective agreements” is consistently expressed by the largest unions in Canada: CUPE, Unifor and NUPGE. They are ideologues for employers–not against them. To claim that any employment contract is somehow fair when workers are faced with the “management rights” is simple nonsense–and many workers know it (even if they do not want to admit it). That is one reason why unions are losing ground–because they cannot face up to the limitations of collective agreements and collective bargaining–and a realistic assessment of their limitations is a first step in achieving real fairness, not rhetorical fairness that contributes to the perpetuation of unfair working conditions–the unfair working conditions of having to work for an employer (not a particular employer) in the first place.
To which the sender and anyone else who read the post responded: Nothing. The silence of the social-democratic or reformist left concerning the meaning of “fair wages,” “decent work,” and similar rhetoric is deafening. Why do they insist on using such rhetoric? Are they bullshitting the workers? If not, why do they not elaborate on what they mean by fair first contract etc.? What makes it fair? What would an unfair contract involve? How does a fair contract exist when workers face management rights implicitly or explicitly (I have provided explicit management rights clauses from various collective agreements on this blog (see for example Management Rights, Part One: Private Sector Collective Agreement, British Columbia .I eventually incorporated  them with into a post where I calculated the rate of exploitation. See for example 
 
In another post, I challenged the social-reformist left to justify their continual use of the rhetorical phrases that they use. See Management Rights, Part Nine: Is A Collective Agreement that Involves Management Rights and the Exploitation and Oppression of Workers a Fair Contract?
 
Are union reps bullshitting workers by using such phrases? If so, should their rhetoric not be challenged? 

Fair Contracts or Collective Agreements: The Ideological Rhetoric of Canadian Unions, Part Four: The National Union of Public and General Employees (NUPGE) (The Second Largest Union in Canada)

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 have already provided a series of examples in this series on their view of the fairness of collective agreements and collective bargaining, implied or expressed explicitly, specifically the Canadian Union of Public Employees (CUPE) (the largest union in Canada) and Unifor (the largest union of workers who work for employers in the private sector) (see Fair Contracts (or Fair Collective Agreements): The Ideological Rhetoric of Canadian Unions, Part One and Fair Contracts or Collective Agreements: The Ideological Rhetoric of Canadian Unions, Part Three: Unifor (Largest Private Union in Canada)).

I now proceed to provide evidence for the ideological role of The National Union of Public and General Employees (NUPGE), which was, in 2015, the second largest union in Canada, with 360,000 members.

  1. The following is dated December 15, 2011 https://ww.nupge.ca/content/opseu-developmental-service-workers-demand-fair-contract):

Members of the Ontario Public Service Employees Union (OPSEU/NUPGE) who work at Montage Support Services voted 100 per cent in favour of strike action if the employer refuses to offer a fair contract at the bargaining table [my emphasis].

The employer has proposed a large reduction to the payment of benefit premiums for full-time workers, unreasonable increases in probationary periods for new hires, language that would dismiss a worker for missing a single shift and increasing the length of time that discipline can be imposed. The Union is asking for pay equalization for its members who do equal amounts of work and only very small wage increases to offset the cost of living.

2. Dated September 6, 2012: The following is taken from https://nupge.ca/content/campaign-launched-support-women-working-elizabeth-fry-toronto-negotiate-contract

Toronto (06 Sept. 2012) – Workers at Elizabeth Fry Toronto have been without a contract since March 31, 2011. The employer is insisting on concessions that will cut benefits and job security for casual and contract workers.

The Ontario Public Service Employees Union (OPSEU/NUPGE), the union which represents the workers, is encouraging the concerned public to contact Elizabeth Fry Toronto’s executive director Michelle Coombs with the message, “stand up for women at Elizabeth Fry Toronto!”

These workers have been trying to negotiate a fair and reasonable contract for over 15 months. [my emphasis]

3. Dates 2014 (https://nupge.ca/content/mgeu-members-uwsa-heading-conciliation-amid-concessionary-bargaining):

MGEU members at UWSA heading to conciliation amid concessionary bargaining

MGEU/NUPGE members hope conciliation will help achieve a fair and reasonable settlement.

Winnipeg (14 April 2014) — Members of the Manitoba Government and General Employees’ Union (MGEU/NUPGE) who work at the University of Winnipeg Students’ Association have requested the help of a conciliation officer to reach a new contract.

UWSA looking for major concessions in bargaining

Members began negotiations with UWSA Inc. on February 12, 2014. However, it was immediately clear from the employer’s proposals that they were intent on attacking the rights of workers covered by the collective agreement.

Among the many proposed cuts to benefits and changes inn contract language, the UWSA is seeking to remove maternity leave top-up, respite days, and bereavement leave travel time. At the same time, they want to increase hours of work and reduce sick leave and vacation benefits. The employer’s representatives have defined this process as “normalizing” or “resetting” the current contract. MGEU/NUPGE negotiators say it represents the elimination of years of hard work and fair negotiation by severely weakening the rights of members covered by this agreement. [my emphasis]

Looking to conciliation for assistance in reaching a fair deal

In response, the MGEU/NUPGE bargaining committee presented a package to the employer on April 9, identifying what members felt was a fair deal [my emphasis]. The employer rejected the deal that same day and asked if the union members would be willing to submit a joint request for conciliation. MGEU/NUPGE representatives agreed and both parties made separate applications to the Minister of Labour and Immigration to appoint a conciliation officer to help reach a new collective agreement.

The date for conciliation has been tentatively set for April 24.

NUPGE

The National Union of Public and General Employees (NUPGE) is one of Canada’s largest labour organizations with over 340,000 members. Our mission is to improve the lives of working families and to build a stronger Canada by ensuring our common wealth is used for the common good. NUPGE

NUPGE Components

4. Dated October 13, 2015 (https://ww.nupge.ca/content/gawronsky-delivers-%E2%80%9Cstill-without-contract%E2%80%9D-petitions-provincial-ministers). The following attributes to members the desire for a fair collective agreement. It is of course possible that members do attribute fairness to a collective agreement–but it is possible that they may not. Union leaders may simply ascribe–falsely–their own beliefs to the beliefs of the members. Furthermore, even if most members did believe that a collective agreement was fair, did they discuss the issue thoroughly in order to have an informed judgement? Did they discuss whether it was fair to work for employers in general? Did they discuss why workers have to work for employers? If not, should there not be such discussion before claiming that union members want a fair contract? 

Gawronsky delivers “Still Without a Contract” petitions to provincial ministers

“MGEU members have been very frustrated by the government’s ongoing foot dragging in negotiations.” — Michelle Gawronsky, MGEU President

Michelle Gawronsky (centre) presents Greg Dewar, Minister of Finance, and Kerri Irvin-Ross, Minister responsible for the Civil Service, with the MGEU’s “Still Without a Contract” petition signatures.

Winnipeg (13 Oct. 2015) — This past summer the Manitoba Government and General Employees’ Union (MGEU/NUPGE) turned up the heat on the provincial government to get a fair deal for thousands of its members who have been without a contract for more than a year — and, in some cases, more than two years. [my emphasis]

Members want a fair and reasonable offer

“MGEU members have been very frustrated by the government’s ongoing foot dragging in negotiations. It’s been an issue at our largest table (Civil Service), as well as at many other bargaining tables,” says MGEU President Michelle Gawronsky.

“Members are tired of it. They want to see some action; they want to see a fair and reasonable offer.” [my emphasis]

Strong support for online petition

In response, the MGEU developed an online petition this summer, collecting 5,787 signatures in support.

On October 9, 2015, Gawronsky and MGEU 1st Vice-President Wayne Chacun, delivered those petition signatures to Greg Dewar, Minister of Finance, and Kerri Irvin-Ross, Minister responsible for the Civil Service (both pictured above), as well as to Erna Braun, Minister of Labour and Immigration, and Drew Caldwell, Minister of Municipal Government.

“The government has said they’re willing to return to the Civil Service bargaining table. But returning to the table, and returning to the table with a fair and reasonable offer, are two very different things and it’s our job to make sure that message is sent loud and clear.”

NUPGE

The National Union of Public and General Employees (NUPGE) is one of Canada’s largest labour organizations with over 360,000 members. Our mission is to improve the lives of working families and to build a stronger Canada by ensuring our common wealth is used for the common good. NUPGE

5. Dated August 18, 2017   (https://ww.nupge.ca/content/nsgeu-members-sherbrooke-village-rally-fair-contract-0):  

NSGEU members at Sherbrooke Village rally for fair contract

“They are proud to be part of the fabric of the local community and the nearby counties. It’s time their hard work and dedication to their jobs be acknowledged with a fair collective agreement.” — Jason MacLean, NSGEU President [my emphasis]

Halifax (18 Aug. 2017) — The people who help bring Sherbrooke Village to life for residents and visitors to come, learn, and explore the history of this community held an information picket at the entrance gate to Sherbrooke Village on August 17. 

Sherbrooke Restoration Commission hasn’t addressed members concerns at bargaining table

 As members of the Nova Scotia Government & General Employees Union (NSGEU/NUPGE), they wanted to raise awareness of their fight for a fair contract with their employer.

“Our members provide a one-of-a-kind, authentic historical experience for visitors to the area with their historical knowledge and skills,” says Jason MacLean, NSGEU President. “They are proud to be part of the fabric of the local community and the nearby counties. It’s time their hard work and dedication to their jobs be acknowledged with a fair collective agreement.” [my emphasis]

The 73 members work in administration, historical interpretation, costumes, crafts, marketing and promotions, trades, security, and maintenance, and many other occupations at the Village.

The Sherbrooke Restoration Commission, the employer, put forward a final offer at the bargaining table on July 20 without addressing many of the members’ concerns.

The NSGEU/NUPGE filed for conciliation and both sides met with a Conciliation Officer on August 16. 

6. Dated November 2, 2017 (https://ww.nupge.ca/content/new-brunswick-union-supports-introduction-first-contract-arbitration): 

New Brunswick Union supports introduction of first contract arbitration

We applaud government for coming forward with these changes. We believe this is a reasonable approach, one that will help both employers and workers alike.” — Susie Proulx-Daigle, NBU President

Fredericton (02 Nov. 2017) — The New Brunswick Union (NBU/NUPGE) is pleased to see that the provincial government has committed to bringing changes to the Industrial Relations Act to usher in first contract arbitration.

First contract arbitration will no longer allow management to prolong negotiations

In New Brunswick, arbitrations are not available to unions seeking a first contract if a deal cannot be reached with management.

First contract negotiations are often prolonged, so having the legal ability to use an independent third party to help resolve outstanding issues will help both the employer and union negotiate a fair first contract in a timely manner. [my emphasis]

The NBU/NUPGE has been pushing for this change for quite some time. During its most recent biennial convention, delegates voted unanimously in favour of a resolution for the union to advocate legislation on first contract arbitration.

The change would bring New Brunswick in line with the rest of the country, with the exception of Prince Edward Island.

“We applaud government for coming forward with these changes,” said Susie Proulx-Daigle, NBU President. “We believe this is a reasonable approach, one that will help both employers and workers alike.”

7. This is taken from a June 11, 2018 post (https://ww.nupge.ca/content/workers-vote-strike-gateway-okanagan-casinos-bcgeu): 

Workers vote to strike at Gateway Okanagan Casinos: BCGEU

An astounding 93.1 per cent vote in favour of strike action.

Vancouver (11 June 2018) — Over 675 members of the B.C. Government and Service Employees’ Union (BCGEU/NUPGE) working at Gateway Casinos in the Okanagan voted overwhelmingly in favour of taking strike action against their employer.

In a vote held from June 4 to 6, over 88 per cent of Gateway staff in casinos in Kelowna, Kamloops, Penticton and Vernon came out and voted 93.1 per cent in favour of taking strike action.

“Gateway workers in the Okanagan are sending a clear message to their employer: they will not settle for less than the fair wages, benefits and respect they deserve,” says Stephanie Smith, BCGEU President. [my emphasis]

Gateway Casino refuses to offer comparable wages

Negotiations for a new collective agreement broke off in May after the employer refused to offer wages and benefits that are industry standard at comparable casinos.

Smith says the employer’s offer is unacceptable. “The wages Gateway are offering won’t even keep ahead of the planned minimum wage increases.”

“These workers are the heart of their casinos. Gateway is a successful company in a highly profitable industry — they can afford to pay their workers what they are worth.”

Workers just want a fair contract

Strike preparations are now underway, and workers are set to walk off the job unless they receive a new proposal from the employer. 

“Gateway Casino workers in the Okanagan are ready to do whatever it takes to get a fair contract with their employer — including strike, if necessary,” says Smith. [my emphasis]

Gateway’s Okanagan staff have been trying to negotiate a new collective agreement since the last one expired in September 2017. 

8. Like an earlier reference, the following claims that the members are seeking a fair agreement–a debatable claim. Dated August 2, 2018 (https://ww.nupge.ca/content/strike-mandate-given-sgeus-public-servicegovernment-employment-negotiating-committee): 

Strike mandate given to SGEU’s Public Service/Government Employment Negotiating Committee

Upon returning to the bargaining table, the government was unwilling to negotiate. It was their unwillingness that brought about the need for a strike vote.

Regina (02 Aug. 2018) —  Saskatchewan Government and General Employees’ Union (SGEU/NUPGE) members of the Public Service/Government Employment (PS/GE) bargaining unit have given their Negotiating Committee a strike mandate. The vote was conducted across the province throughout July.

SGEU/NUPGE public service members looking for fair agreement

“This mandate sends a strong, clear message to government that our members are serious about achieving a fair and reasonable collective agreement that protects their rights and improves their wages and benefits,” said Barry Nowoselsky, Chair of the PS/GE Negotiating Committee. [my emphasis]

“A mandate from the members to strike does not mean there will be immediate job action. The negotiating committee is willing to return to the bargaining table as long as the employer is willing to negotiate,” he added.

Agreement expired in 2016

The collective agreement covering approximately 12,000 workers, including social workers, wildfire fighters, highways workers, lab technicians, administrative professionals, agrologists, corrections officers, and many others, expired September 30, 2016.

Bargaining for a new contract for government employees began in October 2016. In February 2018, members were asked to vote on a Memorandum of Agreement (MOA). The tentative deal was rejected in April. Upon returning to the bargaining table, the government was unwilling to negotiate. It was their unwillingness that brought about the need for a strike vote.

“Hopefully, with this mandate, government will now return to the bargaining table ready to show they value the work performed by people who live and work right here in our province,” Nowoselsky said.

9. The following is dated September 14, 2018:   (https://ww.nupge.ca/content/new-contract-nbu-college-instructors): 

New contract for NBU College Instructors

“Negotiations are successful when both sides come to the table with mutual respect and a willingness to work together.” — Susie Proulx-Daigle, NBU President

Bathurst (14 Sept. 2018) — Instructors in the Collège communautaire du Nouveau-Brunswick system, represented by the New Brunswick Union (NBU/NUPGE), officially signed a new contract on September 7, 2018, during a ceremony in Bathurst. Instructors with CCNB educate and prepare students for careers in a variety of areas. Instructors are located on 5 different campuses across the province.

The newly signed collective agreement is for 5 years and 3 months covering the time period of May 1, 2015, through July 31, 2020. The terms and conditions of the contract came into effect upon signing. Membership had voted in favour of the deal on May 22, 2018.

A fair deal for both sides

“Negotiations are successful when both sides come to the table with mutual respect and a willingness to work together,” said NBU President Susie Proulx-Daigle. “That was the case during this round of bargaining, and I’m pleased we’ve come away with a fair deal for both sides.” [my emphasis]

10. The following is dated October 18, 2019 (https://ww.nupge.ca/content/nsgeu-calls-mcneil-govt-respect-collective-bargaining).  Of course, the McNeil government’s heavy-handed tactics should be criticized (I l already indicated that in one of my articles that in the ??? section of this blog–but not by claiming that the process of collective bargaining represents something fair or that the resulting  collective agreement in any way expresses something fair. 

NSGEU calls on McNeil govt. to respect collective bargaining

“By continuing to meddle with this long-standing practice, the McNeil government threatens to throw the already-overwhelmed legal system into chaos.” — Jason MacLean, NSGEU President

Ottawa (18 Oct. 2019) — The Nova Scotia Government and General Employees Union (NSGEU/NUPGE) is deeply disappointed to see the McNeil government once again employing heavy-handed tactics to skew the collective bargaining process in their own favour.

On Wednesday, October 16, Finance Minister Karen Casey introduced essential services legislation that takes away Crown attorneys’ right to arbitration and replaces it with the “right to strike.” The NSGEU/NUPGE argues that this harms workers and the services they deliver.

All workers have the right to collective bargaining

The NSGEU/NUPGE does not represent Crown attorneys. But, it unequivocally support the rights of all workers to bargain free from government interference that will unfairly tilt the process in favour of either the employer or employee.

“Collective bargaining is a deliberate process that is designed to yield a fair and balanced outcome,” said NSGEU President Jason MacLean. “By continuing to meddle with this long-standing practice, the McNeil government threatens to throw the already-overwhelmed legal system into chaos.” [My emphases]

Legislation could have ripple effect on other public sector workers

Furthermore, this only serves to put all other unions representing public sector workers on notice that this government is still squarely opposed to bargaining in good faith, setting a negative tone for all upcoming contract negotiations.

“We’ve seen government make similar arguments about many other important public sector workers in this province: health care and home care workers, and doctors,” MacLean said. “These continued attacks have negatively impacted recruitment and have pushed health care into crisis, leaving important public services in peril.”

The NSGEU/NUPGE is calling on this government to withdraw the legislation it has tabled to interfere with the Crown attorneys’ bargaining process, and to begin to bargain in good faith. It is only when the government begins to respect the process that we can achieve labour peace.

Political Implications

Unions evidently use the rhetoric of fair contracts, fair agreements and the like to justify their limited approach to the issues facing workers. This attempt to justify their own implicit acceptance of the power of the class of employers needs to be constantly criticized by being brought out into the open and discussed. 

However, the social-democrat or social-reformist left often see no point in such open and direct criticism–despite claims to the contrary. 

I will conclude this post with a conversation between Sam Gindin (a self-claimed “leader” of radical workers here in Toronto despite his probable own explicit denial of such a title) and me: 

Re: A Good or Decent Job and a Fair Deal
Sam Gindin
Sat 2017-02-18 8:05 AM
Something is missing here. No-one on this list is denying that language doesn’t reflect material realities (the language we use reflects the balance of forces) or that it is irrelevant in the struggle for material effects (the language of middle class vs working class matters). And no one is questioning whether unions are generally sectional as opposed to class organizations or whether having a job or ‘decent’ pay is enough. The question is the autonomy you give to language.

The problem isn’t that workers refer to ‘fair pay’ but the reality of their limited options. Language is NOT the key doc changing this though it clearly plays a role. That role is however only important when it is linked to actual struggles – to material cents not just discourse. The reason we have such difficulties in doing education has to do with the limits of words alone even if words are indeed essential to struggles. Words help workers grasp the implications of struggles, defeats, and the partial victories we have under capitalism (no other victories as you say, are possible under capitalism).

So when workers end a strike with the gains they hoped for going in, we can tell them they are still exploited. But if that is all we do, what then? We can – as I know you’d do – not put it so bluntly (because the context and not just the words matter). that emphasize that they showed that solidarity matters but we’re still short of the fuller life we deserve and should aspire to and that this is only possible through a larger struggle, but then we need to be able to point to HOW to do this. Otherwise we are only moralizing. That is to say, it is the ideas behind the words and the recognition of the need for larger structures to fight through that primarily matter. Words help with this and so are important but exaggerating their role can be as dangerous as ignoring it.

What I’m trying to say is that people do, I think, agree with the point you started with – we need to remind ourselves of the limits of, for example, achieving ‘fair wages’. But the stark way you criticize using that word, as opposed to asking how do we accept the reality out there and move people to larger class understandings – of which language is an important part – seems to have thrown the discussion off kilter.

On Sat, Feb 18, 2017 at 7:00 AM, Frederick Harris <arbeit67@hotmail.com> wrote:

I was waiting to see whether there was any dispute concerning either the primary function of language or its material nature. Since there has been no response to that issue, I will assume that the view that the primary function of language is to coordinate social activity has been accepted.

What are some of the political implications of such a view of language? Firstly, the view that “But material conditions matter more” has no obvious basis. If language coordinates our activity, surely workers need language “to reproduce themselves.”

The question is whether coordination is to be on a narrower or wider basis.

Let us now take a look at the view that a contract (a collective agreement) is fair or just and that what workers are striving for is a decent or good job.

If we do not oppose the view that any collective agreement is fair to workers and that the jobs that they have or striving to have are decent jobs, then are we saying that a particular struggle against a particular employer can, in some meaningful sense, result in a contract that workers are to abide by out of some sense of fairness? Does not such a view fragment workers by implicitly arguing that they can, by coordinating their action at the local or micro level, achieve a fair contract and a good job?

If, on the other hand, we argue against the view that the workers who are fighting against a particular employer cannot achieve any fair contract or a decent job, but rather that they can only achieve this in opposition to a class of employers and in coordination with other workers in many other domains (in other industries that produce the means of consumption of workers, in industries that produce the machines and the raw material that go into the factory, in schools where teachers teach our children and so forth), then there opens up the horizon for a broader approach for coordinating activity rather than the narrow view of considering it possible to achieve not a fair contract and a decent job in relation to a particular employer.

In other words, it is a difference between a one-sided, micro point of view and a class point of view.

As far as gaining things within capitalism, of course it is necessary to fight against your immediate employer, in solidarity with your immediate fellow workers, in order to achieve anything. I already argued this in relation to the issue of health in another post.

Is our standard for coordinating our activity to be limited to our immediate relation to an employer? Or is to expand to include our relation to the conditions for the ‘workers to reproduce themselves’?

“They turn more radical when it becomes clear that the system can’t meet their needs and other forms of action become necessary -“

How does it become clear to workers when their relations to each other as workers occurs through the market system? Where the products of their own labour are used against them to oppress and exploit them? Are we supposed to wait until “the system can’t meet their needs”? In what sense?

I for one have needed to live a decent life–not to have a decent job working for an employer or for others to be working for employers. I for one have needed to live a dignified life–not a life where I am used for the benefit of employers. Do not other workers have the same need? Is that need being met now? If not, should we not bring up the issue at every occasion? Can any collective agreement with an employer realize that need?

Where is a vision that provides guidance towards a common goal? A “fair contract”? A “decent” job? Is this a class vision that permits the coordination of workers’ activities across industries and work sites? Or a limited vision that reproduces the segmentation and fragmentation of the working class?

Fred

The bottom line is that many who consider themselves radical socialists here in Toronto (and undoubtedly elsewhere)  indulge working-class organizations, such as unions. They are, ultimately, afraid to alienate social-democratic or reformist organizations. Consequently, they themselves, objectively, function as social democrats or social reformers and fail to engage workers in the necessary delegitimisation process of the class power of employers. 

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

This is a continuation of a previous post.

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, the short version of the third review (there is a long version of the third review, but I will not post that–it would be tedious to reply to all of reviewer C’s comments) as well as  my comments on the third review.

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 C begins his comments as follows:

Reviewer C:

“Please see the uploaded document for my complete review of the manuscript. Review of manuscript: “A Critique of an Implicit Model of Collective Bargaining: The Nova Scotia Teachers’ Strike and a Fair Contract”

The manuscript has potential; however, it requires major rewriting. The present manuscript lacks a clear focus and coherence. The author implies that the focus of the paper is the Nova Scotia teachers’ strike and Brian Forbes’ perspective about collective bargaining in relation to that struggle. However, there is very little content in the article that addresses the NS teachers’ struggle, the collective bargaining process, or the ‘collective agreement’ that was the outcome.”

The academic did not even understand the point of the article. I hardly implied “that the focus of the paper is the Nova Scotia teachers’ strike and Brian Forbes’ perspective about collective bargaining in relation to that struggle.” The focus of the article is on Brian Forbes’ perspective on collective bargaining in general as illustrated by his implied view of the fairness of collective bargaining in the case of bargaining and the breach of that form of what he considers fair collective bargaining by the Nova Scotia government.

The Nova Scotia teachers’ strike was an occasion to critically analyze a general perspective on collective bargaining by a former head of the Nova Scotia teachers’ union. This perspective, in turn, is illustrative of many trade-union representatives in Canada, such as Tracy McMaster, president of Greater Toronto Area Council (GTAC), to which are affiliated 35 local unions of the Ontario Public Service Employees Union (OPSEU)), who referred to “decent work” and “fair wages” as something realizable in an employment relationship.

To be fair to the reviewer, in his long review, he does at one point correctly identify the point of my article: I wrote, on page 23:

Free collective bargaining cannot remedy the basic problem of treating human beings as means or things for others’ purposes

He wrote:

This seems to be the central thesis. Why not present this early as the focus the paper?

Part of what I was trying to do was indeed to show that collective bargaining and collective agreements cannot remedy this situation. However, since trade union representatives often claim that a contract is fair (even if they do not explicitly state it), my purpose was to criticize this implicit assumption. As I said near the beginning of the article:

The purpose of this article, though, is not to review the articles in the journal. Rather, it is to point out and criticize the hidden standard that is uncritically assumed by most of the authors of articles in the journal.

The reviewer fails to consider the need to criticize explicitly such hidden standards:

Indeed, only a paragraph is quoted in the words of Brian Forbes and the quote does not say what the author says it does. Forbes states that negotiating a contract with the full participation of the negotiating teams of both parties, instead of through backroom deals, would be an approach more likely to result in an agreement that both sides could live with. He was speaking about the process of collective bargaining, but the author claims that Forbes is referring to the outcomes of the process—the contents of the agreement. There is no evidence that this is the case.

This too is inaccurate. I explicitly state that the purpose of the article:

The purpose of this summary, however, is to provide the background for a critique of the implicit assumption by Forbes (and many of the other authors of the spring/summer edition) that the typical model of collective bargaining and the corresponding collective agreements constitute something that is fair or just to the members of the contract.

Process (collective bargaining) and product (the collective agreement) are both seen as limited, with the inadequacies of the process being reflected or expressed in the inadequacies of the product.

But let us look at my quote of Brian Forbes, or rather both what I wrote before the quote, the quote itself, and what I wrote immediately after the quote.

What I wrote before the quote:

The first question to ask is: Who is Brian Forbes? The brief biography at the end of the article provides a summary: “… a retired teacher. He taught for 30 years in Amherst and Yarmouth, Nova Scotia before serving as President of the Nova Scotia Teachers’ Union from 2000 to 2004” (2017, 29). The second question to ask is: What standard or criterion does he use to criticize what happened in Nova Scotia? A quote in the Herald News (Gorman, 27 November 2015) indicates what that standard is:

My quote of Brian Forbes’ statement:

What we suggest would be a reasonable way out is that the union … would say to the government, ‘There’s a lot of opposition to what has been presented to the members and very well may not pass and we should go back to the table, engage in proper collective bargaining, give the process time to work, discuss the issues that you said you want to discuss and try to arrive at something that we can both live with,’” said Forbes’.

What I wrote after the above quote:

The implication is that bargaining should occur through the bargaining teams ([quote of Brian Forbes’ statement] ‘engage in proper collective bargaining’). Further evidence of what Forbes believes is a legitimate or fair collective bargaining process is his statement in an information release from the South Shore District School Board, dated April 28 2003, when Forbes was president of the NSTU:

NSTU President Brian Forbes said, ‘The negotiations were conducted in a very professional manner, the resulting agreement was achieved in a timely fashion and teachers are satisfied with the results. I believe this agreement will not only benefit the South Shore District School Board and its teachers but, most importantly, the students.”

Indeed, the reviewer is correct to point out that Mr. Forbes is referring to the process of collective bargaining:

 Forbes states that negotiating a contract with the full participation of the negotiating teams of both parties, instead of through backroom deals, would be an approach more likely to result in an agreement that both sides could live with.

Forbes, unlike the reviewer, is not only referring to the process, but is implying that the process of collective bargaining in general leads to results that are fair. How else could “both sides live with it?” If one of the sides does not believe the agreement is fair, why would they comply with the provisions (except due to a consciousness of being forced to comply with the collective agreement)? Forbes , when he was president of the NSTU, links “the professional nature of the collective bargaining process” to the agreement being realized “in a timely fashion” and to teachers being “satisfied with the results.” Process and product are united. If the process is tainted (as it was in the case of the McNeil government), then the product will be tainted as well. Mr. Forbes does not explicitly state this, but it can be inferred from what he wrote. Such a connection between “free collective bargaining” and “fair contracts” (product) is constantly made by trade union reps either implicitly or explicitly.

The reviewer continues:

The preamble masks the real focus of the article, which is (apparently) a critique of the industrial model of labour-management relations and, in particular, a critique of business unionism within that model. At certain points, the manuscript becomes a critique of capitalism.

I explicitly stated, in the second paragraph, the following:

The purpose of this article, though, is not to review the articles in the journal. Rather, it is to point out and criticize the hidden standard that is uncritically assumed by most of the authors of articles in the journal.

That hidden standard, as I attempt to show, is the legitimacy or fairness of both collective bargaining as process and product—which is a legitimization of capitalism and the power of employers as a class.

The critique is hardly just of “business unionism”–but of unionism as an ideology that the left and the labour movement never questions.

The reviewer continues:

The problem is not only lack of clarity about the central argument, but the way in which the manuscript rambles and sometimes goes off on tangents that seem unrelated to the argument. Concepts and theories are not clearly presented (e.g., McAlevey’s ideas) and that leaves the reader floundering while trying to identify and understand the author’s argument.

Since the reviewer’s critique both distorts the nature of article and fails to understand the argument, I will leave it up to the reader to determine whether “the manuscript rambles….”

The reviewer continues:

Some of the claims made in the manuscript are not well supported. For example, the author claims that union leaders represent the voice of employers, not the voice of union members.

I never implied that. Unions are often contradictory, with elements that oppose particular employers in diverse ways. However, they generally accept the power of employers as a class, and that acceptance is expressed in diverse manners.

The reviewer continues:

I think he means to say that if a union operates under a business unionism model, the union leaders’ perspective about the labour-management relationship is likely to be skewed in favour of management’s interests.

This way of putting it is itself likely to be interpreted in a skewed manner. “Management’s interests” is often tied to a particular interest (this particular employer and this particular management structure). Unions have to deal with this particular structure, but my focus is on management’s interests as class interests and their representation of the power of employers as a class—and the ideology that expresses such interests—such as the so-called legitimacy of collective agreements.

The reviewer continues:

If the argument is that the NSTU operates according to business unionism, then this should be stated and supported with evidence. Making a generalization to all unions is wild and unjustifiable.

Hardly. Various posts on this blog express the hostility of unions (whether “business unions” or “social unions”) to my views.

Another example is the author’s assumption that all workers belong to a single class—a Marxist argument that has criticized and long-since debunked. It presents an overly simplistic representation of modern day capitalism.

This view that all workers belong to a single class as having been debunked is written from a purely academic point of view, of course. What would this academic do when faced with workers in the private sector and in the public sector—if s/he aimed to oppose the power of employers as a class?

Initially, as Geofrrey Kay and James Mott imply in their work: Political Order and the Law of Labour, those who work for an employer can be considered as part of the working class since they are economically dependent on a wage. The elimination of certain wage workers from consideration of the working class organizationally can then proceed; for example, one of the major functions of the police is to protect private property in general and capitalist private property; organizationally, they oppress the working class and cannot be considered part of it. Another group are managers. Some have the objective or material function of coordinating work, but this coordination is overlaid by their function to exploit and oppress workers.

In the private sector, part of their work makes pulls them towards the working class and part towards the class of employers; some of their work contributes to the production of surplus value and part of it to the extraction of surplus value.  In the public sector, bureaucratic and financial pressures also function to have managers pressure workers to work more intensely. Organizationally and partially objectively, they are not part of the working class.

I recommend to the author that he focus his paper on problematizing the taken-for-granted assumptions about collective bargaining, especially in the public sector, and especially in an era when governments have decided to use their legislative power to legislate so-called ‘collective agreements.’

The point of the essay is to question the legitimacy of collective agreements even if the best-case scenario of respect for the process of collective bargaining and respect for its product, the collective agreement. To introduce the issue of back-to-work legislation would only cloud the main issue. The critique fails to understand the target of my criticism.

The reviewer continues:

If the argument is that the industrial model of labour-management relations does not (and possibly never did) work well for teachers and other workers, then focus on that.

Again, the argument is that no collective-bargaining process as such has definite limitations—limitations which the social-reformist left do not recognize or discuss. This academic’s own failure to understand the point of the essay illustrates this.

The NSTU case might be an example of the dysfunction of the arrangement but would not be the central focus of the manuscript. I recommend that the author read Tangled Hierarchies by Joseph Shedd and Samuel Bacharach to gain background information about the settlement between teachers and their employers that happened decades ago and what its implications are.

Any reference may be relevant. I will read this when I have the time. However, I will undoubtedly draw different conclusions than this academic if I do read it.

The reviewer continues:

Finally, if the present system of labour-management relations does not work, what does the author think should replace it? If the author believes that workers should have agency or control over their working lives, what would that look like?

To require this in an essay is absurd. One of the first things to do is to criticize the existing situation. What will replace this system is a related issue, but it can hardly be divorced from the definition of the problem. In other words, solutions are functions of problem definition.

The reviewer continues:

“What would be the pros and cons of such a model and for whom?”

What a stupid way of looking at the world—as if it were a question of listing the pros and cons and checking them off. For workers who work for an employer, being treated as a thing is the con; all other pros can hardly compensate for this treatment of human beings as things. Perhaps this academic would do well to consider whether her/his question would be appropriate in the context of the master/slave relation. Imagine if an academic asked the following question about slavery: “What are the pros and cons of such a model and for whom?”

As for what it would look like, I have specified that in posts what an alternative might look like (see for instance Socialism, Part One: What It May Look Like) but such a discussion would require much more space than that allotted by the journal, as I indicate in a previous post.

I suspect that one of the ways in which academic reviewers limit the publications of those with whom they disagree is by this method: the author, they claim, should have included such and such—whereas journals generally impose strict limitations on the length of journals.

The author needs to take into consideration that the public sector involves many stakeholders, not just employers and employees.

Firstly, who are these “stakeholders?” The concept of “public sector” independently of the employer-employee relation has no meaning in a capitalist context.

Secondly, in her/his detailed comments, s/he mentions “social justice for children, social justice for taxpayers, social justice for society.” The author simply assumes that the status quo will continue to exist.

In a society without employers, the tax structure would be very different (if taxes would exist at all)–a subject for debate). In a society without employers, the school structure would be very different, with a far greater integration of physical and intellectual activities than exist at present—the abolition of the division of labour between physical and intellectual (and artistic and aesthetic) activities. In a society without employers, society would be very, very different.

“How do we achieve social justice in a complex system? And social justice for whom? Should the rights of workers trump the rights of others?”

That of course would be up for negotiations, but workers are the “front-line” class who face employers directly. Other groups, as Tony Smith implies (Globalisation: A Systematic Marxian Approach) would definitely have their interests represented in a socialist society (which I have outlined in other posts), but the leverage for eliminating the class of employers and the social structures corresponding to their power must come from somewhere, and workers, being the front-line class which both positively faces the power of employers and negatively can oppose that power through their organization, are key. However, this is not the concern of this undoubtedly social-reformist leftist.

The reviewer continues: 

I recommend that the manuscript be rewritten and resubmitted for review. I have attached the manuscript with more detailed feedback.

Since I refused to rewrite according to the criticisms of these academics (undoubtedly some of the writing could have been improved—as can all writings), I decided to eliminate these “middle-(wo)men” and start my own blog. It is obvious that most so-called leftist academics lack a critical attitude towards the society in which we live. I naively expected more from a journal with the title Critical Education. What is meant by “critical” in the title is critical according to social-reformist criteria.

I should have been wiser; when attending university, when the professor was sympathetic to my views, I generally obtained better grades; when they opposed my views, I received worse grades. I also had my experience as a Marxist father to go by (see for example A Worker’s Resistance to the Capitalist Government or State and its Representatives, Part One).

Although workers’ experiences are hardly the last word, they should also form an essential part or any “Critical Education”–but the reviewers of my article obviously consider their academic backgrounds to be superior to anything workers’ experience on a daily basis at work–even in unionized settings subject to collective bargaining and collective agreements.

A Short List of the Largest Employers Based in Calgary, Alberta, Canada, Based on the Number of Employees

When belonging to a leftist organization called the Toronto Labour Committee (Ontario, Canada), I worked on, in a minor position, on some statistics related to financial campaign contributions for the Toronto elections. Not being satisfied with this, I proposed that we start trying to develop a class analysis of Toronto. I indicated, though, that I did not really know how to proceed in this. I sent this over the Toronto Labour Committee listserve, and the response was–silence.

The following attempts to fill in, however inadequately, that silence, this time in relation to Calgary.

I thought it would be useful to provide a list of some of the largest employers in Canada. The reason why I think such a list would be useful is that it provides at least a somewhat concrete picture of who really has power in society and the extent of that power. Since most social-reformist leftists ignore the power of employers and assume such power as a background which they can assume as constant, they then consider their reformist policies without calling into question such power.

The following provides a list of the 20 largest employers with headquarters based in Calgary. This list is based on the number of employees. As I pointed out in another post, such lists can vary, depending on the criteria used (such as profit, the number of employees or assets).

It should be pointed out that the following does not refer to the number of employees employed in Calgary. Rather, it refers to the number of employees of the particular capitalist employer in question; it probably includes the number of employees in Calgary, in the rest of Canada and, perhaps, outside of Canada.

It is taken from Top Calgary-Based Employers Based on the Number of Employees.

Company                                                                     Number of Employees

  1. Canada Pacific Railway Inc.                          12,770
  2. Suncor Energy Inc.                                       12,080
  3. Enbridge Inc.                                                12,000
  4. WestJet Airlines Ltd.                                     11,624
  5. Shaw Communications Inc.                          10,000
  6. Canadian National Resources Ltd.                 9,709
  7. Ensign Energy Services Inc.                            7,160
  8. TransCanada Corp.                                         7,081
  9. ATCO Ltd.                                                        6,241
  10. Imperial Oil Ltd.                                              5,700
  11. Precision Drilling Corp.                                   5,471
  12. Husky Energy Inc.                                            5,157
  13. MNP LLP                                                          4,808
  14. Calfrac Well Services Ltd.                                 3,900
  15. Calgary Co-Operative Association Ltd.            3,800
  16. Parkland Fuel Corp.                                          3,051
  17. Stuart Olson Inc.                                               2,924
  18. NOVA Chemicals Corp.                                     2,900
  19. AltaGas Ltd.                                                       2,881
  20. Total Energy Services Inc.                                  2,314

Total Number of Employees                              131,571 

The social-democratic left have little to say about this situation. Probably, as long as these workers are unionized and have a collective agreement, then they have a “fair contract” and have “decent work.”

It is even difficult to say what they mean by “fair contract” and “decent work.” If the workers are not unionized but obtain a relatively higher wage or salary and benefits, is that then “decent work” and a “fair contract?”

What of the freedom of the workers? Do they really control their lives regardless of whether they are unionized or not? Twenty employers controlling over 130,000 people (with over 6500 workers per employer).  Do you find that an expression of freedom? Of democracy? Or should we call it–a dictatorship?

Do those who invest in such companies in more than a small scale (such as some workers do) have to work? Or can they live off the work of such workers through appropriating the profits that these workers produce?

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

Introduction

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

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

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

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

My Abstract or Summary of My Article

Abstract

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

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

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

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

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

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

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

Yours truly,

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

Reviewer B’s Assessment and My Comments

Reviewer B:

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

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

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

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

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

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

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

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

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

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

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

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

The structure of my proposed article is:

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

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

Jane McAlevey’s Alternative Approach to Collective Bargaining

The Limitations of McAlevey’s Approach to Collective Bargaining

Practical Considerations

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

Conclusion

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Conclusion

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

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

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

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

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?