Employers as Dictators, Part Two

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

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

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

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

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

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

Here is the following conservation:

Dan Janssen is at Toronto Pearson International Airport.

June 23 at 1:59 PM · Mississauga ·

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

9 Comments

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

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

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

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

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

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

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

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

They are unfree in various ways.

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

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

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

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

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

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

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

Fred Harris Any responses to the suggestions?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

This blog will at least partly compensate for this silence.

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

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

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

 

From

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

pages 3-4:

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

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

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

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

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

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

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

Why the silence?

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

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