A Lack of Crticial Analysis of the Failure of the Union Movement to Generate a General Strike Against a Conservative Government

John Clarke, a radical here in Toronto, provides a general negative characterization of the union movement that opposed the reactionary effort by the Ontario Conservative government of not only legislating workers back to work even before they went on strike but also trying to use the nonwithstanding clause of the Canadian Charter of Rights and Freedom to prevent any legal challenge to his legislation. However, apart from a very general negative characterization of the union bureaucracy, he does not delve into detail about what the limitations of unions are. For example, he does not refer at all to the connection between union bureaucracy and the idealization of the collective-bargaining process and collective agreements. His criticism remains at too high a level of criticism for it to be useful for workers and members of unions.

His most recent post on Facebook on the topic reads: 

The forms of regulated and state supervised class struggle that emerged after WW2, have played out under changing economic, social and political conditions. Their role has, therefore, also evolved over time.

1. When the deal was brokered and for decades afterwards, it allowed for gains in working class living standards to be conceded, while ensuring greatly limited forms of working class resistance and stability for the capitalist economy. Decisively, a bureaucratic layer formed in the unions that had its own independent interests based on the preservation of the compromise.

2. As the boom years that followed the war ended and profits declined, a neoliberal strategy of intensified exploitation was put into effect. This changed the nature of the regulated class compromise. Previous working class gains were being lost and unions were being weakened, yet their leaderships continued to play by the rules of the compromise deal with only rare and reluctant acts of defiance. The losses were substantial but they played out over decades and were relatively incremental.

3. The present period is one of greatly sharpened attacks on working class living standards. Economic instability is interweaving with ecological disaster and the impacts of global rivalry. These combined effects have generated a global cost of living crisis and the state is resorting to class war measures to regain stability. This means that adherence to the forms of class compromise goes from ensuring a gradual loss of ground by workers and becomes a recipe for catastrophic defeats.

In order to fight back effectively, the strike weapon will have to be used in united mass struggles that press general demands. The Ontario education workers’ struggle pointed to the incredible power that could be unleashed with such an approach. However, the fact that the forward movement was halted as soon as it possibly could be also reveals how much change is necessary, if we are to even mount an effective defence, let alone go on the offensive.
How we are to halt the halting of the forward movement remains a mystery; surely, we need to engage constantly in discussing and criicizing the limits of collective-bargaining, collective agreements and associated union rhetoric around them, such as “fair contracts,” “fair wages,” “decent work,”and “good jobs.” 
 
And what does Clarke mean by “general demands?” Your guess is as good as mine. 

We read the following the day before on Facebook by Clarke (with a posted news article explaing some of the context):

hough a major effort will be underway to present this as a great gain, it is hard to justify such a position. Factually, the wage increases won, though improved, don’t match the present rate of inflation and would mean very small increases in the following years, IF current projections are accurate. Measured up against the present cost of living crisis and the loss in real wages for education workers over a long period, this is clearly inadequate. The OSBCU president also points out herself that no gains were made in terms of services and staffing. The decision to end the strike on Ford’s terms has produced a very meagre settlement and blocked the prospects for a generalized working class fight back that could have taken its lead from the education workers’ struggle.

All this being said, the resistance taken up by these workers threw the Ford Tories into a crisis and struck a chord with working class people. The fact that such a significant number of workers didn’t ratify this, coupled with the obvious disdain coming from OSBCU, has to be taken to heart. A movement based in the rank and file of the unions and in hard pressed communities remains the only viable means of breaking out of the rituals of a failed compromise and fighting the attacks we face on equal terms.

https://toronto.ctvnews.ca/ontario-education-support-workers-vote-to-accept-new-deal-1.6180879?fbclid=IwAR1Nivoht9rlYamGTsj0iLSS1xWFabl51q6WeMxwP6BGz2AJpvhKyNS2r50

The lack of gains made by the movement–except the repeal of the repressive legislation–indicates a major problem with modern unions, but Clarke does not really engage in just how limited modern unions are in their role as representatives of the economic and political interests of workers. Furthermore, Clarke exaggerates the opposition of the rank-and-file members to the resulting collective agreement: 73 percent of .those who voted apparently voted for the collective agreement (the posted news article is somewhat unclear on this. I assume that it was 73 percent of those who voted voted to accept the resulting collective agreement, with 76 percent of elegible voters actually voting). 
 
In addition, Clarke’s reference to “the obvious disdain coming from OSBCU” (the union responsible for bargaining for the 55,000 workers at a general level rather than at a local level) probably refers to Laura Walton’s own dissatisfaction with the resulting collective agreement. Nevertheless, she herself admitted that she voted for it. Morever, does not Laura Walton, president of OBSCU, herself believe in the sanctity of the colective-bargaining process and the resulting collective agreement? 
 
Should not Clarke–and other radicals–be engaging in a more concrete critical analysis of the limitations of unions? What do you think? 
 

The Ontario Federation of Labour’s Workers-First Agenda: A Critique: Part One

Introduction

The so-called radical left here in Toronto rarely engages in any detailed criticism of unions or groups of unions. Quite to the contrary. They either make vague assertions about “the trade-union elite” or the “trade-union bureaucracy” (union bureaucrats or business unions), or they remain silent when faced with the persistent rhetoric that unions. It is hardly in the interests of the working-class to read merely vague criticisms of unions or to not read anything concerning the limitations of unions or groups of unions. 

To enlighten workers concerning such limitations, I have on a number of occasions criticized unions in various ways. The following is a further example of such criticism. It pertains to Ontario Federation of Labour’s “Workers-First Agenda” campaign.

The Ontario Federation of Labour (OFL)

What is the Ontario Federation of Labour (OFL)? On its website, we read the following: 

WHO WE ARE

Just as workers unite in a union to protect their rights, unions also unite in federations of labour to fight for better working and living conditions. The Ontario Federation of Labour (OFL) serves as an umbrella group for working people and their unions.

From our inception in 1957, the OFL has grown to represent over one million Ontario workers belonging to more than 1,500 locals from 54 affiliated unions, making us Canada’s largest labour federation. Our strong membership and constant vigilance make us a formidable political voice.

WHAT WE DO

We push for legislative change in every area that affects people’s daily lives. Areas like health, education, workplace safety, minimum wage and other employment standards, human rights, women’s rights, workers’ compensation, and pensions.

We also make regular presentations and submissions to the Ontario government and mount internal and public awareness campaigns to mobilize the kind of political pressure that secures positive change for all workers – whether you belong to a union or not.

To accomplish these goals, we work with affiliated local unions and labour councils across the province. We also partner with other community and social justice organizations to build a fairer and more inclusive society that meets everyone’s needs.

The Ontario Federation of Labour’s Worker’s-First Agenda Campaign

The Ontario Federation of Labour (Ontario is a large province in Canada) has initiated a campaign called “Building the Fight for a Workers-First Agenda” (https://ofl.ca/event/activist-assembly-2022/). 

I certainly agree that workers need to fight to create a workers-first agenda. However, I seriously question that what the Ontario Federation of Labour calls a workers’ agenda expresses a full and complete workers’ agenda. 

As is usual, I hardly oppose the fight for reforms that benefit workers. However, is what is proposed anything other than the fight for a more humanized form of capitalism? Let us see. 

On the above web page, we read: 

That means good jobs and decent work for all workers; a $20 minimum wage; high quality affordable housing; accessible and well funded health care, long term care, education, and other public services; justice for Indigenous people and racialized communities; climate justice and a livable planet; and so much more!

These are winnable demands, but only if we fight for them. That’s why we need you to help build the fight for a workers first agenda in our province.

A $20 minimum wage is certainly better than $15; high quality affordable housing is certainly better than privatized unaffordable housing, or affordable but dilapidated housing (I used to live in a dilapidated house in Calgary, Alberta), more accessible and better funded health care, long-term care, education and other public services  that are more accessible and better funded, It is certainly preferable to achieve greater justice for Indigenous and racialized communities. It is also better to reduce global warming and the destruction of our planet. 

But what is the standard used to determine 

  1. what good and decent jobs are? 
  2. high-quality affordable housing? 
  3. accessible and well-funded health care?
  4. accessible and well-funded long-term care?
  5. accessible and well-funded education?
  6. justice for Indigenous people and racialized communities?
  7. climate justice?
  8. a livable planet? 

Decent work would undoubtedly include 10 paid sick days for all workers (including gig workers and migrant workers). A more detailed treatment of what the Ontario Federation of Labour means by “decent work” can be found in their document titled Protection for Every Worker
Establishing the Future of Decent Work in Ontario, a “Submission to the Ontario Workforce Recovery Advisory Committee, Ontario Ministry of Labour, Training and Skills Development,” dated July 21, 2021 (see the post on the webpage https://ofl.ca/   by using the search terms “decent work”). 

In that document, we read: 

1. THE DECENT WORK AGENDA

As we emphasized in the OFL’s extensive submissions to the Changing Workplaces Review, a job should be a pathway out of poverty. We strongly encourage the OWRAC [Ontario Workforce Recovery Advisory Committee] to review the OFL’s submission to the Changing Workplaces Review, which outlines a suite of required changes to both the ESA [Employment Standards Act{ and the LRA [Labour Relations Act]. While some Ontarians are staying home, those keeping the province running – and facing a greater risk of infection – are people working in jobs that traditionally have been the lowest paid with few benefits and no access to unionization. And it is women workers, racialized and Indigenous workers, migrant and immigrant workers, and workers with disabilities that are overrepresented in these precarious but essential jobs. A full economic recovery will require the government to legislate increases to workers’ wages and protections as well as to correct the inherent power imbalance between workers and employers.

The Limitations of the OFL’s “Workers First” Labour Agenda Campaign

The OFL admits that there is an “inherent power imbalance between workers and employers”–but fails to explain why such an inherent imbalance of power exists in the first place. Surely it is due to the workers not having a right of access to the means of producing their own lives (machines–including computers–buildings, offices, office supplies, raw material and so forth) and employers having the right to exclude workers from such right of access. Why is the OFL silent over an elaboration of the nature of such imbalance? 

I searched on the Ontario Federation of Labour’s website using the search term “power imbalance” (in quotation marks). These are the results (three of them) (my emphases): 

  1. The OFL’s submission puts forth recommendations to both the Employment Standards Act and the Labour Relations Act that will raise the minimum standards for all Ontario workers, expand access to our fundamental freedom to associate for the meaningful pursuit of collective workplace goals, correct the inherent power imbalance in the employment relationship, and protect vulnerable workers.
  2. Ontario’s outdated labour laws can do little to remedy the dramatic power imbalance that exists between well-heeled company owners and their employees

  3. “Migrant workers endure an incredible power imbalance in the face of their employers and are often gendered and racialized workers,” said Irwin Nanda, Executive Vice-President of the OFL. “To address the root of this exploitation, the province must also push the federal government to scale back the Temporary Foreign Worker Program and return to a robust national policy of permanent immigration that provides migrant workers with opportunities for permanent residency.”

The incredible lack of educational content in this reference to “imbalance of power” is typical of the social-democratic or social-reformist left here in Toronto (and the so-called radicals here rarely if ever challenge this). 

So, there is acknowledged an inherent imbalance of power between employers and employees–but the OFL fails to explain why that is so. This is the first limitation of their so-called “workers-first agenda.” 

The second limitation also relates to this inherent balance of power between employers and employees; the OFL implies that this inherent balance of power between employers and employers can somehow be overcome by “correcting” the imbalance of power. 

How is this to be done? Nowhere does the OFL really spell this out, but it can be inferred, from the typical justification for reference to “decent work” among the social-democratic or social-reformist left is free collective bargaining and the resulting collective agreement.

This is simple nonsense. As I have argued in a number of other posts (see for example Do Collective Agreements Convert Working for an Employer into Decent Work?), collective bargaining limits the power of employers over workers but hardly leads to a balance of power; oppression is inherent in both public and private employment, and exploitation is inherent in the private sector (if not in the public sector). To be an employer inherently involves more power than workers (this of course does not mean that key workers in specific industries cannot disrupt the power of employers if the material conditions are such that they form a strategic place in the chain of production of commodities. Such disruption, unless it aims to overcome the inherent imbalance of power between workers as a class and employers as a class by abolishing classes, can hardly change the ultimate class-based imbalance of power between workers and employers). 

The inadequate solution to the problem of the imbalance of power between employers and workers is linked to the inadequate definition of the problem. By failing to engage in inquiry into why workers face an imbalance of power, the OFL’s implicit proposal of correcting the imbalance of power by means of collective bargaining and collective agreements fails to address the inherent imbalance of power between employers and workers even when “fair” collective bargaining and collective agreements exist; management rights (implicit or explicit in collective agreements) give the lie to the claim that such an imbalance of power can be “corrected.” 

Conclusion

The OFL, like so many other social-democratic or social-reformist organizations, does not and cannot face the reality that unionized workers face. It itself contributes to the persistent imbalance of power between employers and workers by inadequately defining the problem and the corresponding solution. 

References to good and decent jobs are not equivalent to creating a balance of power between workers and employers.

By defining the problem the way it does, the OFL necessarily excludes the solution of developing a movement that aims to abolish the power of employers–period. For the OFL, the existence of employers is permanent; what needs to be changed for it is the power imbalance through unionization. 

Frankly, this is social-democratic ideology. It needs to be constantly challenged by the radical left (unlike the so-called radical left that fears to challenge it) and in some detail (unlike the radical left, that often refers vaguely to capitalism this and capitalism that).

As for my other questions, I will deal briefly with some of them in another post since I have already dealt with them in other posts and will refer the reader to those posts. 

 

 

 

 

The Radical Left Needs to Call into Question Existing Social Institutions at Every Opportunity, Part Six

The following issue deserves a separate post. As I have tried to stress throughout these posts, unions in Canada (and undoubtedly elsewhere) are inadequate organizations for representing the interests of the working class The issue illustrates how union reps limit the development of a critical approach to a society dominated by a class of employers.

I do not remember the exist order of the issue, nor do I remember exactly to whom I addressed my concerns–the executive, the members of the Substitute Teachers’ Committee or to those substitute teachers who had provided the Substitute Teachers’ Committee with their email address during the general meeting of substitute teachers.

There is a possibility that I would be willing to organize a workshop on employment and labour law, but I would like to see if there is much interest in the area. It would not enhance anyone’s particular skills to obtain employment, but it is my view that we need to educate each other about the limitations of what the WTA can do—both for substitute teachers and for teachers in general.

If you would be interested in attending a workshop on employment and labour law, please inform me of this so I can guage whether I should spend the time in selecting material and organizing the workshop.

Fred Harris, chair, Substitute Teachers’ Committee of the Winnipeg Teachers’ Association

In preparation for providing a workshop on labour/employment law, I drafted the following (the parentheses were for me in anticipation of organizing the workshop according to themes or categories):

Employment Law and Labour Law Together

  1. What do you think are the major differences between an employee and a contractor (a person with her or his own business)? General idea of an employee

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

  1. What is the difference between employment and labour law? Differentiation of employee in general and employee under labour law and collective bargaining.

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

  1. What do you think are some of the differences between a collective agreement and employment agreement? Differentiation of employee in general and employee under labour law and collective bargaining.

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

Employment Law

  1. What are some of the advantages of being governed by employment law? Disadvantages? Employee: non-unionized

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

Transition: Employee and Society

  1. Why are more and more workers becoming employees? General concept of employee

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

Labour Law

  1. Between whom is the collective agreement an agreement? Labour law

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

  1. What is a grievance? Labour law

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

  1. Who “owns” a grievance? Labour law

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

  1. Who generally grieves? Why? Labour law

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

  1. What is interest arbitration? Labour law

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

  1. What is grievance arbitration? Labour law

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

  1. What is a labour board? Labour law

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

  1. What is the difference between a board of arbitration and a labour board? Labour law

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

  1. Does a union or association have a duty towards its members? If so, what is it? Labour law

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

  1. What are some of the advantages of being governed by labour law? Disadvantages?Labour law: Employee

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

  1. What are some of the powers of the labour board? Labour law

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

  1. What was the situation of collective bargaining before the Second World War? Labour law and collective bargaining

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

  1. What did employees do during the Second World War that initiated the legal acceptance of collective bargaining? History of collective bargaining, labour law:

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

  1. Where employees governed by collective bargaining have the right to strike, can they do so during the period in which a collective agreement exists? Limitations on collective bargaining regime here: labour law

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

  1. After the Second World War, what did many employers do in relation to collective bargaining? What was the response of many employees? History of collective bargaining: Labour law

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

  1. What is the certification process? Labour law

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

  1. What is a bargaining unit? Labour law

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

  1. Can employers refuse to bargain with a certified union or association? Labour law

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

  1. What can a group of employees do if the employer consciously interferes in the process of communication between a union and workers when certification has not yet been voted on? Labour law

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

  1. When bargaining, does the duty to bargain in good faith mean that both the employer and the Association have to come to an agreement? If not, what does the duty to bargain in good faith mean? Labour law

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

  1. What are some of the remedies that the Labour Board provides for in case it finds the employer has breached the Labour Code? Labour law

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

Transition: Labour Law and Society

  1. What does the answer to question 7 tell you about the nature of the society in which we live? Relation of labour law to society

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

  1. To what extent do you consider the following description of the nature of private enterprise to be an accurate description? What do you agree and disagree about the description? Employment law and labour law in relation to society

Stage 1: Purchase: M1-C1 (=W+MP). where M1= the money invested; – = an exchange; C1 = the commodities purchased for investment purposes (which consist of MP—means of production—and W—workers);

Stage 2: Production…P… where the three dots represent an interruption in the circulation or exchange process;

Stage 3: Sale: C2-M2, where C2 = the commodity output, with C2 greater in value than C1; and M2 = the return of the money invested, with M2=C2, but greater in quantity than M1.

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

General: Employee: Meaning

19. What does being an employee mean to you? General: Employee

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

  1. What does an employment contract mean to you? General: Employee

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

  1. What do you consider the employment contract to involve in relation to your concept of freedom? General: Employee, but Relation to Society

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

  1. What do you think of the view, held by many judges under common law (the legal ground for employment), that the employment contract is an act between equal parties? General: Employee, but Relation to Legal Profession

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

  1. What do you think of Paul Weiler’s argument, in his book Reconcilable Differences, that collective bargaining evens the playing field, making the contracting parties relatively equal in power?Labour law and Society

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

  1. What do you think happened to relations between employees as a result of the change from reliance on each other to force an employer to recognize them to reliance on the Labour Board? Social effects of labour law and collective bargaining

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

Introduction

  1. How do employment law and labour law fit into the general legal framework in Canada? General relation between employment law, labour law and legal framework: Introduction???

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

Think-Pair-Share

  1. What does “company time” mean to you? Employee in general

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

  1. When a boss (say, a principal) passes by you, do you find yourself acting differently than with fellow substitute teachers? If so, why do you think that that is the case? Employee in general

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

The last reference to “Think-Pair-Share” is a pedagogical technique, where the individual is given perhaps a minute to think about the issue alone, then shares her/his thoughts with someone else and, finally, answers are shared among the group.

Think-Pair-Share or Some Other Format

  1. What does being an employee mean to you?

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

  1. What does an employment contract mean to you?

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

  1. What do you consider the employment contract to involve in relation to your concept of freedom?

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

  1. What do you think of the view, held by many judges under common law (the legal ground for employment), that the employment contract is an act between equal parties?

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

  1. What does “company time” mean to you?

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

  1. When a boss (say, a principal) passes by you, do you find yourself acting differently than with fellow substitute teachers? If so, why do you think that that is the case?

_______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________­­­­­­­­­­­­____________.

  1. To what extent do you consider the following description of the nature of private enterprise to be an accurate description? What do you agree and disagree about the description? Employment law and labour law in relation to society

Stage 1: Purchase: M1-C1 (=W+MP). where M1= the money invested; – = an exchange; C1 = the commodities purchased for investment purposes (which consist of MP—means of production—and W—workers);

Stage 2: Production…P… where the three dots represent an interruption in the circulation or exchange process;

Stage 3: Sale: C2-M2, where C2 = the commodity output, with C2 greater in value than C1; and M2 = the return of the money invested, with M2=C2, but greater in quantity than M1.

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

I also created slides for the anticipated presentation–but there is no point if repeating what I wrote above in a different format (if indeed slides can be reproduced in this medium).

The following reply illustrates the typical limitations of union reps. I wrote it to substitute teachers (at least to those whose email I possessed) as well as to the members of the Substitute Committee of the Winnipeg Teachers’ Association (WTA):

Coming now to the point on providing a workshop on employment law and labour law, I was going to give the workshop myself, but I will not be doing so. I do feel that I need to explain why I will not.

I have been told, firstly, that I do not have the necessary skills required to provide a workshop on those topics. What do I know, for example, about labour law? I did, however, write two articles in the WTA newsletter via philosophical analysis. I am a philosopher. That is my expertise—a pragmatic philosopher, specifically. I do not need to know how to negotiate a collective agreement—and I do not know how to do so any more than I know how to operate on someone. I do need to know something about labour law and collective bargaining if I am to determine its meaning, but I need not be an expert on it—anymore than I need to be an expert on in order to determine the meaning of life–in order to determine the meaning of collective bargaining—and by extension labour law. If someone disagrees with my analysis of the meaning of labour law or anything else, the democratic thing to do would be to write a refutation of it in the newsletter. To tell me that I have insufficient background in labour law is like saying that I have insufficient background in determining the nature of life bI have taken a course on labour law, as well as attending a couple of conferences funded by the executive. Would these educational opportunities suffice to provide a workshop? Probably not. However, I have been pursuing a doctorate in the philosophy of education for a number of years—in particular pragmatic philosophy. That philosophy inquires into the meaning of relations. The workshop that I had made preliminary plans would include querying the nature of employment law and labour law via an inquiry into what being an employee means to those at the workshop.

I do believe that I am well qualified to provide such a workshop. There is a difference between expounding on how labour law and employment law work and what they mean. The two, of course, are related since the meaning of something cannot be determined without knowing something about the topic. However, I do not have to know as much about anatomy and physiology as a doctor does in order to talk about the meaning of life—a topic in my dissertation.

Since I was denied the opportunity to present labour laws to substitute teachers, I provided notice of a person approved to provide such a presentation, Henry Shyka, staff member of the Manitoba Teachers’ Society and assigned to represent the WTA:

Workshop on Labour Law: Topics required

Good morning everyone,

To give a workshop on labour law, it is necessary to have some input on what topics you would like covered.  There is no guarantee that specific topics would be covered, but topics of common concern to substitute teachers would be.

Henry Shyka, MTS [Manitoba Teachers’ Society] representative, would be giving the workshop.

Please send me topics that you might find of interest.

Fred Harris, Chair, Substitute Teachers’ Committee

 

 

Socialism and Central Planning: Mr. Gindin’s Analysis of The Political Situation of Workers in General, Part One

The following is a two-part series on Bill Resnick’s interview with Sam Gindin, in accordance with the two-part presentation of the interview. I put my summary of Mr. Gindin’s talk in italics; my comments are in regular print. I also use italics when quoting others.

One of Mr. Gindin’s key criticisms of both GM and the union that represented the workers at Oshawa is that GM promised jobs if the union would make concessions. The union made concessions–and GM reneged on the deal and eliminated the jobs. The union did not adequately respond to the repeated down scaling of the workforce but only succeeded in “managing” the down scaling.

Mr. Gindin then argues that an adequate union response requires thinking beyond GM since GM cannot solve this problem. Being militant in bargaining may get you some things, but jobs are not something that bargaining can guarantee. Retaining jobs involves a larger issue and is political. Ultimately, you are arguing on the company’s terms since it holds the trump card of maintaining the facilities open or closing shop.

Let us stop there. There is an implicit critique of the whole union model that has existed in Canada since 1944, when the federal government obliged employers to recognize unions of workers’ choice. If collective  bargaining cannot guarantee jobs, then should not Mr. Gindin criticize the union rhetoric of “fair contracts,”  “economic justice,” and “fairness” (all stock-in-trade phrases of the left here in Toronto)? And yet when the opportunity arose of criticizing the pairing of a struggle for $15 an hour minimum wage (and needed employment law reforms) with the concept of “fairness,” Mr. Gindin remained silent. Why is that? Mr. Gindin claimed that we should be humble, and yet is it not the height of arrogance on his part to presume that such pairing is unimportant? I found the equation of $15 an hour minimum wage with the concept of “fairness” to be politically conservative, and Mr. Gindin’s silence over the matter to be an example of the repeated pandering after popular opinion rather than a needed ideological struggle over what is indeed fair and not fair in our society.

How does Mr. Gindin suppose people operate? If they personally find that something is fair, and no one even addresses the issue, they eventually become cynical and reduce their activities to self-interest. Why bother, they ask themselves? Nothing will change. After all, the so-called progressives in Toronto, Ontario, Canada, think that if I work for a minimum wage of $15, have a few extra rights at work, then everything is fine–it is fair. And yet I have to drag myself out of bed to go to work that is largely determined by others. I have to accept the daily abuse experienced at work if not directly and personally by having a supervisor criticize me but indirectly and impersonally by having my work procedures, work load and so forth determined beforehand by others.  I then have to struggle to return home either by standing in packed subway cars and buses or driving  a car during rush hour to get home and find some kind of relaxation by either partying or watching TV. The rhetoric of fairness feeds into the development of a cynical attitude since most people that the lives they lead in various ways is not fair. To bullshit them by using such words and various phrases does them a great disservice.

What of workers covered by collective agreements? Mr. Gindin is silent on this score. It is not just a question of the impotence of unions to stop employers from closing shop, but he only refers to the impossibility of collective bargaining addressing the issue of jobs. Collective bargaining, however, more generally cannot address the issue of jobs because collective bargaining presupposes the legitimacy of management rights. Why does Mr. Gindin not explicitly criticize the rhetoric surrounding collective bargaining and collective agreements in general? Is this not necessary if we are to overcome the limitations of the union movement? But if criticizing the rhetoric surrounding collective bargaining and collective agreements is necessary in order to free us of the illusion of the fairness of unionized work environments, and if freeing ourselves of such an illusion is a necessary condition for fighting for a socialist society, then a socialist would engage in such criticism.

If, however, doing what is necessary to achieve a socialist society is to abandon our illusions concerning what is fair, and Mr. Gindin refuses to do what is necessary, is he not engaging in unrealistic actions? If questioning the limitations of collective bargaining and collective agreements forms a necessary component of a socialist movement, and Mr. Gindin refuses to engage in such criticism, then how effective will Mr. Gindin’s actions be in the long run?

Where is the humbleness in Mr. Gindin’s actions?

The second point is that we have to deal with the larger issue of economic reconstructing because the present system is not working for the benefit of working people. Workers are no longer getting security or decent wages. The larger issue is how do you deal with economic reconstructing generally and not just GM.

Yes, there is a larger issue, but economic reconstruction is not the only thing that is involved. Mr. Gindin talks a lot about class, but surely a socialist society would involve the abolition of a class society–a radical qualitative change in our lives.  Mr. Gindin, being a “realist,” ignores this dimension of the problem. Economic reconstruction has existed in the past; capitalist emerged through economic (and political and social) reconstruction. However, in a socialist society, the reconstruction would involve the abolition of classes–and Mr. Gindin ignores the radical qualitative change in such reconstruction.

The third point is that radical demands that go beyond GM must be able to connect to the larger community and gain its support by addressing some of its needs. Mr.Gindin then asserts that the obvious issue that connects the two is the environment.

It is hardly obvious to me. As I argued in another post (The British Labour Party’s 2019 Manifesto: More Social Democracy and More Social Reformism, Part One), the focus on climate change is presently a fad (Bill Resnick refers to climate change often enough, outlining a possible apocalyptic life). Not that environmental problems are unreal; however, if people are unmotivated to face the power of employers as a class despite the daily experience of oppression and exploitation, why does Mr. Gindin think the issue of environmental problems will somehow motivate them and have lasting power?

Let us look at the concept of “environment” for a moment. The philosopher John Dewey analyzed the nature of the environment, and it is not something which is somehow “external” to living beings (from Logic: The Theory of Inquiry, pages 33-34):

There is, of course, a natural world that exists independently of the organism, but this world is environment only as it enters directly and indirectly into life-functions. The organism is itself a part of the larger natural world and exists as organism only in active connections with its environment.

The natural world is an environment only in relation to the life process. From John Dewey, Democracy and Education: An Introduction to the Philosophy of Education, pages 12-13:

In brief, the environment consists of those conditions that promote or hinder, stimulate or inhibit, the characteristic activities of a living being. Water is the environment of a fish because it is necessary to the fish’s activities—to its life. The north pole is a significant element in the environment of an arctic explorer, whether he succeeds in reaching it or not, because it defines his activities, makes them what they distinctively are. Just because life signifies not bare passive existence (supposing there is such a thing), but a way of acting environment or medium signifies what enters into this activity as a sustaining or frustrating condition.

The environment is not something external to workers but forms the conditions within which they live both biologically and socially. Some environmental conditions are distant, others close at hand physically. Such an environment in the case of human beings is also social since we are a species that depend on each other (grounded in the relatively long period before an infant can become a productive member of the world).

What are the environmental conditions that will most likely and immediately grip the interests of workers and community members? The priority should be developing opposition to the power of employers as a class, and community issues should be linked to that issue–such as housing, health, education, social services, the police and the oppressive forms in which such community services are provided. and, yes, the environment in a wider sense, but only in conjunction with the other issues. The view that the “environment” is something independent of us is nonsense. The environment as an isolated area of our lives will  unlikely have lasting power to engage workers and community members interests; it must be linked to these more immediate interests if it is to have lasting power rather than be just a fad.

He then summarizes these three points: the left must address the problem of the corporations not solving our problems, of how to deal with economic (and political) restructuring) and how to address the first two in relation to problems associated with the environment. Unions must thus become something other than what they have been since they have lost focus and direction under the sway of globalization and neoliberalism. Mr. Gindin, however, refers to the private-sector unions and leaves open the question of the nature and efficacy of public-sector unions.

I have already addressed the issues above-except Mr. Gindin’s backhanded idealization of public services and public-sector unions. This should come as no surprise. Mr. Gindin’s conception of socialism involves an expansion of public services via nationalization–as if the current form of public services did not require thorough reconstruction due to their oppressive nature. See my brief criticism The Contradictions of Social Democracy: Mr. Gindin’s Musings on the Closure of GM’s Oshawa Plant  and a more in-depth criticism of nationalization (and, indirectly, the idealization of public services) in the post The Poverty of Academic Leftism, Part Seven: The Idealization of the Nation State or the National Government and Nationalization in the Wake of the Coronavirus Pandemic, Part Two; see also The Money Circuit of Capital ).

Mr. Gindin then outlines his alternative plan. We should take over the GM plant, put it under public ownership and converting the plant and having the now unemployed workers use their diverse skills in the assembly facilities, the paint shop, the stamp shop and coordinating it with components plants in the surrounding area.

Such a plan needs to be linked to the environment for at least two reasons. In the first place, Mr. Gindin implies, the problem of the environment is urgent and needs to be addressed now. In the second place, the planned alternative facility should not face the constraints placed on it by competition from other capitalists in China and other parts of the world.

The appeal to the urgency of problems associated with the “environment” reminds me of some Marxists’ appeal to the urgency of transitioning to socialism because of the inevitable breakdown of capitalism. This hype about the urgency of environmental problems is unlikely to grip the interests of most workers and community members; they have more pressing immediate problems, like getting to work on time, enduring their work life without suffering too much humiliation, finding some meaning in their work life, going home and not suffering further problems.

It does make sense to seek areas of  production where competition is limited in order to prevent competition from leading to cuts in wages, benefits and deteriorating working conditions.

To kill two birds with one stone, it is necessary to engage in planning, and this planning requires not only the state becoming engaged in the process but in a more aggressive state that improves environmental standards by obliging people to move away from an economy based on fossil fuels. Furthermore, the state could also function as consumer by purchasing electrical vehicles. In addition, the state could use some of what it purchases for the expansion of public transport, thereby reducing the use of private vehicles and decreasing dependence on fossil fuels. Mr. Gindin calls the state planning to this end democratic planning. Democratic planning is impossible if key economic decisions are made by private companies.

I am dealing with Mr. Gindin’s inadequate treatment of socialism in other posts (see,  for example, Socialism, Part Nine: Market Socialism as an Initially Necessary but Inadequate Social Model). In relation to democratic planning, though, I will add that the idea that the total planning of society is to arise through the state was not an idea proposed by Marx: the state may own the means of production in the sense of preventing private individuals from denying workers to collectively use them, but the control over those means of production would be in the hand of workers themselves and not the state. From Rob Bryer, Accounting for History in Marx’s Capital: The Missing Link, page 277:

The section rejects the dominant interpretation that he advocated central planning. Marx’s mature concept of socialism abolishes markets for capital and labor power, but the section argues it requires competitive markets for products and services, cooperative enterprises, and accounting to hold enterprise management accountable to workers, and workers accountable to society.

(Bryer’s view of socialism has its own limitations in that he sees that Marx distinguished a socialist society that emerges from capitalism and a society that maintains itself on its own basis, but he then eternalizes markets.)

Mr. Gindin is an advocate of central planning, as is evident from the following:

Environmental change involves radical change since it involves change throughout society–including both production and consumption. We need to begin to create the capacity to convert to an environmentally friendly economy in every community by creating from research centers (peopled by young engineers) that inquire into what capacities, skills and equipment we currently have and what we are going to need to make the transition to an environmentally friendly economy. At the same time, the state needs to restructure the economy through, for example, raising environmental standards that require such environmentally friendly restructuring.

Mr. Gindin then contends that for this to work, several components must work together: planning, decentralisation and calling into question the private power of employers.

He then returns to the issue of environmental problems and the large-scale nature of the problem and the urgency of the problem. The problem cannot be addressed through the fragmented market nor can it be addressed through general phrases about the environmental crisis; if we stay at that level, workers will simply ignore the issue since they lack control over their lives and cannot address the issue when it is posed in general terms.

He then argues that since planning is required, it is necessary to control what you are planning. This involves changing property relations at work, which requires real struggle with workers to oppose the closing of plants not just in Oshawa but in many other communities.

Mr. Gindin admits that for now there is no base for such an approach; it would be necessary to organize for such an end. He also points out that the modern state is a capitalist state, which manages discontent by controlling and managing labour; the capitalist state has not developed planning capacities. What is required is a transformation of the capitalist state so that the state can plan democratically.

He argues that the capitalist market is failing in various ways in meeting our needs, from security to equality, environment and a rich personal life. Business is very vulnerable in these areas since it does not really meet these needs.

We need to develop the capacities of the working class to represent these needs, and it will not be easy. The working class must be reconstructed into a social force with the confidence to address these needs.

Mr. Gindin then claims that, during the Second World War, planning did indeed occur within the state, but the planning was performed mainly by businessmen becoming state officials. With the end of the war, they exited the state because they did not want the state to become autonomous. To be sure, the state has developed the capacity for planning in various departments, but it has not developed the capacity to engage in overall planning at the national level during normal periods (not exceptional periods, like wartime). Furthermore, the state does not know how to plan democratically. It is necessary to transform the state, and that will not be easy.

There are several problems with the above. Firstly, the reference to “decentralisation” is left hanging in the air. Where does decentralisation come into play in Mr. Gindin’s view of the nature of socialism. It remains a mystery. Secondly, it is not only necessary to call in question the private power of employers but the public power of state employers over employees. Thirdly, he talks about how workers need to oppose the closing of factories in various communities. Since the police protect the right of employers to close factories, Mr. Gindin should have indicated some kind of strategy about how to deal with the violent means used to protect the closing of factories and workplaces. Fourthly, even if he did propose such a strategy, it would probably involve workers having to jeopardize, if not their lives, at least their livelihood as the capitalist state through the courts fined them or threw them in jail. Would Mr. Gindin engage in such needed opposition personally? Fifthly, Mr. Gindin merely repeats the well-worn idea that central planning is socialist. This is hardly so. A common plan need not be a central plan formulated by some separate entity called the state. From Bryer, page 283:

Second, while Marx often wrote, for example in Volume 1 of Capital, that socialism would function according to a “definite social plan” (1976a, 171), there are two meanings of the word “plan” we need to keep separate. The dominant interpretation is that by “plan” Marx meant, “A table or programme indicating the relations of some set of objects,” “a detailed formulation of a plan of action,” in his case a production and consumption program or plan of action for society.3 The chapter, however, argues he meant a “scheme,” “of arrangement” or “of action,” a “Method, way of proceeding,” “a method for achieving an end,’ a way of organizing society. As Jossa (2005, 11) puts it, “while Marx and Engels certainly conceived of the plan as an antidote to the anarchical nature of the capitalistic market, they were thinking of a plan for abolishing the production of commodities and so not based on the law of value,” a scheme or way of organizing society for abolishing value.

Marx’s way of organizing socialist society, his concept of its relations of production, the chapter argues, is not the supervision or action controls implied by the central planning interpretation, but results control by workers.

Mr. Gindin’s reference to the state (which is not to wither away according to Mr. Gindin but is to expand) and implied central planning, on the one hand, and a democratic state, on the other, contradict each other. Marx, by contrast, was more consistent:

For Lavoie (1985) the ‘procedure’ or ‘process’ must be central planning. However, Marx and Engels consistently argued for a democratically elected and accountable workers’ state, for control by workers, which is what they meant by their occasional uses of ‘dictatorship of the proletariat,’ not ‘dictatorship of the Party’ or their leaders (Draper 1986). Against Lassalle’s fetishism of the state, the theoretical side of his pervasive authoritarianism” (Draper 1986, 304), as Marx put it, “freedom consists in converting the state from an organ superimposed upon society into one completely subordinate to it” (1989, 94), that is, in making the state fully accountable to workers. To provide the economic basis for democracy on Day 1 of the ‘dictatorship of the proletariat,’ to transcend capitalism’s profit and loss system of accounting control that Marx had explained in Capital (Bryer 2017), it implements a system of cooperative enterprise and social accounts, not central planning, a conclusion that Engels accepted, and Lenin eventually drew (see Bryer 2019a).

It is workers who will have to learn how to coordinate their own work and not the state as a separate entity. That such a learning process may take years or decades does not mean that the principle should be abandoned since coordination by workers (and communities) must begin from the beginning. With the elimination of capital markets and a market for workers, worker cooperatives (and community organizations) could emerge and serve as the learning organizations for such planning. From Bryer, page 277:

Fourth, the chapter analyses Marx’s criticisms of the draft Programme of the Socialist Workers’ Party of Germany, the Critique of the Gotha Programme (1875). …  He re-emphasized his long-standing vision of socialism based on a universal system of worker cooperatives that, transcending capitalist accounting control, must be accountable to workers and society for the production of value on Day 1.

Planning can emerge inductively through a federation of cooperatives, as Bryer argues (page 276):

To make this change the proletarian state takes all means of production into its hands, thereby abolishing the capital market, and abolishes the market for labor power, replacing ‘free’ wage workers with free social agents by replacing joint stock companies with a universal system of worker cooperatives, accountable to their worker-shareholders and to society.

It is through this “inductive” process rather than the “deductive” (top-down) process of planning that workers and the community will at last begin to control their own life process–and not through some form of central plan divorced from the workers and the community. Mr. Gindin may claim that he agrees with this, but his argument implies the divorce of the planning process from those who experience the consequences of this process–hence, his claim, in another writing, that the state is not to wither away but to expand.

I will continue in another post with critical commentary on the second part of the interview of Mr. Gindin. I suspect, though, that it will probably contain the similar arguments as above.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Toward an Alternative

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

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

But let us proceed:

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

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

Let us continue:

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

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

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

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

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

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

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

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

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

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

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

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

Frustration and Persistence

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

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

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

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

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

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

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

Green Jobs Oshawa Lives On

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SOLIDARITY RALLY HIGHLIGHTS NEED FOR WORKING CLASS UNITY

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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