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

Introduction

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

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

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

Smokey Thomas’ Union Rhetoric of a Fair Contract

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

 

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

DURATION: January 1, 2019- December 31, 2022

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

a) maintain order, discipline and efficiency;

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

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

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

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

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

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

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

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

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

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

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

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

 


NEWS PROVIDED BY

Ontario Public Service Employees Union (OPSEU) 

Jun 05, 2019, 17:24 ET

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

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

GRCA members ratify contract with wage increases, privatization protection

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

Workers and the public win with this contract

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

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

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

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

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

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

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

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

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

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


FOR IMMEDIATE RELEASE                     

January 28, 2015

Government forcing OPSEU towards a strike 

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

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

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

 

 

College faculty ready to bargain as employer returns to table 

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

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

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

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

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

YMCA workers vote to join OPSEU

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

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

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

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

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

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

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

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

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

What does Mr. Thomas have to say about management rights? Nothing. He never once addresses the issue. He assumes that management has the right to dictate to workers as it see fits provided that a collective agreement has been obtained through “free collective bargaining.” Or perhaps he shares the same attitude towards collective bargaining and collective agreements as John Urkevich, former business agent to a union to which I belonged (AESES, or The Association of Employees Supporting Education ). I will quote from that post (see Comments from John Urkevich, AESES-UM Business Agent, to my Critique of the Grievance and Arbitration Procedure: Letter to the Editor, Inside The Association of Employees Supporting Educational Services (AESES), Vol. 17, No. 4, May 1994). First. Mr. Urkevich:

After all the employer only has control over the how, what, and when, it does not have the right to treat employees in an unjust or undignified manner. Employees are not chattel.

I respond in my post to the above: 

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

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

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

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

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

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

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

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

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

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

What do you think? 

Smokey Thomas, President of the Ontario Public Service Employees Union (OPSEU)–A Good Example of the Real Attitude of Many Union Leaders Towards the Ruling Class

A few days ago, on April 17, 2021, Warren “Smokey” Thomas, the president of the Ontario Public Service Employees Union (OPSEU), wrote the following(https://opseu.org/news/a-statement-from-opseu-sefpo-president-warren-smokey-thomas/120559/). The immediate background is that Doug Ford is the premier (head) of the Ontario government (Ontario is the province with the largest population in Canada). My comments are within the square brackets]:

Chaos is the last thing we need [The government waited to hospitals would fill up as predicted by models–and then reacted when they filled up. It permitted restaurants to open up outdoors and then ordered them close within a couple of weeks. It permits schools to remain open. It has resisted a movement to provide paid sick days for workers despite such a recommendation by the medical field. And so forth. Of course, all this is without mentioning the health cuts before the pandemic–by the same government). 

Cornwall.  Peterborough. Guelph. Ottawa. Niagara. Peel. Toronto. And now police forces right across the province are refusing to make use of the new powers authorized by the Ontario government yesterday. And with good reason; randomly stopping citizens and ticketing those who don’t comply won’t stop the COVID-19 pandemic. [The Ford government responded to the third wave of the pandemic by granting expanded powers to the police, including enabling them to question why a person is outside and to provide their home address. There was a backlash against the expansion of such powers, but to what extent Ford changed his mind due to citizen backlash or police backlash remains unclear. Even the police objected to granting them such powers–and responsibility; several police forces in the province indicated that they would not be actively enforcing the law.] These measures could lead to racialized, homeless and vulnerable communities already disproportionately impacted from this virus to now be living in fear and apprehension. What’s now labelled as the back of napkin efforts of a government furiously trying to stop the spread of the virus are leading to ineffective measures and chaos. And chaos is the last thing we need.

Ontarians don’t know who to trust on the issue of COVID-19. No matter where we look, there is conflicting information about masks, about safety, about vaccines. They are confused by the lockdowns, followed by the easing of restrictions, followed by more lockdowns. Businesses are mandated to close, then opened next month, then closed again the next week. The economy is teetering on the brink of the next announcement. And Ontarians are left feeling insecure and unsafe.

When the police refuse to follow the instructions of the government, we have the beginnings of civil unrest. [Mr. Thomas is evidently afraid of civil unrest. Civil unrest for him is something purely negative.] We are already seeing parents tearing down yellow tape to get into playgrounds and visiting elderly family members despite orders.  It’s been more than a year of announcements that don’t fully work and measures that only temporarily curb the pandemic or protect the public.

As the leader of Ontario’s public service union, I am most concerned with public safety. Thousands of OPSEU/SEFPO members have been in the front lines of this pandemic, risking life and limb for the protection and safety of all Ontarians. To protect them, and the rest of us, we need a return to public trust and measures that work.

I am also concerned with how politicized the issue has become. There is no easy answer to ending the pandemic. If there were, surely we would see evidence around the world, not just in a few select places. If we are to get through this, we are going to have to rely on a few things, starting with available vaccines into as many arms as possible, regardless of the name on the label. 

We are going to need capacity, both in terms of infrastructure and skilled, trained human resources.

We need treatment options for early onset symptoms for high-risk individuals.

Education, not enforcement, will see us through.

And we need collaboration.

Accusing the Premier of being uncaring, callous and more concerned with finances than health is simply dishonest.

I have come to know the Premier. I know he is distraught. I know he cares. I know he is working around the clock. The burden of leadership, whether he signed up for it or not, weighs heavy in life or death decisions. Armchair quarterbacking is far cozier.

Stop lobbing rhetorical bombs, end the name calling and hostility. Now is not the time for posturing along party lines that has been so front and centre.

We must come together now. [My daughter, Francsesca, calls the idea of “We’re all in this together”–bullshit.]

I am calling on the Premier to share the burden, widen the tent and bring all voices into a room where egos can be checked at the door for the good of Ontario. [We are, after all, all Ontarians if not Canadians. That despite the class power of employers in Ontario and Canada. That in spite of the fact that Mr. Ford is himself a capitalist employer.] Let’s hash it out; determine a course, develop a narrative everyone can trust and understand. And finally let’s implement it once and for all.

With nearly 4,500 new cases of COVID-19 reported in Ontario today, it’s clear that the answers must come quickly. Real answers from leaders who care more about people than their own futures. [Yes, real leaders–not the pseudo-leader called Warren “Smokey” Thomas.]

OPSEU/SEFPO President Warren (Smokey) Thomas

For more information: Warren (Smokey) Thomas, 613-329-1931; OPSEUCommunications@opseu.org

The above expresses the ideology of “We’re all in it together.” This is the real nature of trade union leaders–not the rhetoric (bullshit) that they often express to their members.

I quoted Mr. Thomas in another post, this time dated November 27, 2018. In that quote, it is the rhetoric (bullshit) that is expressed. I invite the reader to contrast the two quotes. All bolded words in the text are my emphases:

Ford in bed with business, won’t save good GM jobs

OPSEU President Warren (Smokey) Thomas in the Queen's Park media gallery.
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Toronto – OPSEU President Warren (Smokey) Thomas says Doug Ford has indeed made Ontario “open for business” … to trample all over workers and kill good jobs.

Shrugging his shoulders at GM’s callous plan to shutter a state-of-the-art Oshawa plant next year is yet another sign that Ford has no clue how to manage the province, Thomas said. He could care less that thousands of hard-working people will end up losing their jobs.

“This premier is in bed with business and this is how business behaves. Always putting profits ahead of people,” said Thomas. “Ford couldn’t organize a two-float parade, let alone run the province.  We need leadership that will stand up for working people.”

GM is a successful company that has already posted $6 billion in profits so far this year, Thomas noted.

“Ontario was there in 2009 when GM needed a multibillion-dollar lifeline from taxpayers. Now it’s turning its back on the people and Ford isn’t lifting a finger to stop it,” he said.

Contrast that with the premier’s red-faced fury a few months ago when he vowed to do whatever it took – including invoking the notwithstanding clause – to settle a score with Toronto city council, said OPSEU First Vice-President/Treasurer Eduardo (Eddy) Almeida.

“This is the bully who threatened to suspend constitutional rights to slash city hall and get even with his critics,” he said. “But when GM tells him they’re going to close shop and throw thousands of people out of work, he just rolls over. What are his priorities?”

With the Conservative government in shambles over its disastrous decision to scrap the office of Ontario’s French-language Commissioner and abuse-of-power scandals breaking almost daily, it’s clear that Ford’s incompetence is dragging Ontario down.

“He can’t run a party, never mind the province,” Thomas said. “At least Ontario has strong unions who stand united to fight for good jobs, even if the premier won’t.”

For more information: Warren (Smokey) Thomas, 613-329-1931

Which is the real Warren “Smokey” Thomas?

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

In a previous post, I pointed out how Professor Noonan idealized the nation state. This post will expand on this view by showing that Professor Noonan’s proposal to nationalize  the economy by means of the modern state does the same thing–idealizes the modern state.

Professor Noonan makes the following claim:

The alternative is to use this crisis as a basis of legitimacy for the state– under the control of democratic political forces acting in our shared life-interest– to assume control over the productive basis of society and re-orient production to serving life-needs. Nationalization can prefigure democratic socialization, and democratic socialization can re-focus economic life on collective work to provide each and all that which we really need, and freeing our time for the– real-life, multidimensional– experiences, actions, and interactions that make life worth fighting for, protecting, and living.

The call for nationalization of industry by means of the modern state has been typical of many leftists for at least a century and a half. Marx, before, during and a couple of years after the 1848 revolutions, called for the centralization or the appropriation of the conditions of life (factories and other productive facilities, banks, utilities and so forth) by the modern state. Ironically, Professor Noonan, who considers that his view is superior to the Leninist view of the modern state, follows in Leninist footsteps. From Paul Thomas (1994), Alien Politics: Marxist State Theory Retrieved (New York: Routledge), pages ix-x:

Since the 1960s, fierce but turgid [pretentious or windy or laboured or strained] have raged among scholars about Marxist state theory. Participants in these debates were in some respects bitterly opposed. Yet they tended, by and large, to agree on one basic assumption: that the state, or the state as Marx thought of it, is class determined or shaped by the play of class forces outside its boundaries. Disagreements duly proceeded about what this ruling class theory means. (It might mean, for instance, that the state is the instrument of the capitalist class, or that it is an agency structurally tied to ruling class interests or imperatives.) But the theory, in the main, was itself accepted–accepted, in my view, rather too readily and uncritically.

But what did its acceptance involve? It involved, in practice, the often impatient conflation or running-together of understandings of the state that are, in principle, separable: that of the state as being class-determined, and that of the state as an “object,” an instrument, a “finished thing” that is capable of being “seized” and turned to good account once it is seized by the right hands. Theorists–among them Marx himself, for a while, as well as Lenin–can be seen to be given to such impatience under the impress of revolutionary urgency.

But by now, such impatience can be seen to have invited dangerous illusions about what can be accomplished by seizing the state. Seizure of the state can be seen, for that matter, as a dangerous illusion in its own right.

The modern state, as a separate institution, is itself characteristic of the nature of a society dominated by a class of employers and is hardly something external to it. From Thomas, page x:

Because common action and democratic potential find no place in civil society, these are alienated and represented away from its orbit.  Common action and collective concern, which in civil society are subsumed beneath self-assertion and the play of competing self-interests, are fused and concentrated at the level of the state, which arrogates them to itself.

The modern state is similar in some respects to modern money. Modern money emerges as a monopolizer by being the only social object that is immediately exchangeable. The modern state is a monopolizer of the so-called public sphere by being the only social object that immediately constitutes political subjects (citizens). From Geoffrey Kay and James Mott (1982), Political Order and the Law of Labour, page 6:

The political nature of money is evident in its appearance —it always bears the head of the prince, or some other emblem of state. On the side of subjectivity the same applies: just as money is immediately exchangeable as a universal object whose credentials do not have to be chocked, so every individual is accepted at face value as a persona bona fide. Money is accepted because it is a universal objcct on account of its being political: the individual is universally recognised because he is a political subject – a citizen.

Just as money is a production relation despite being external to the production process, so too is the modern state a production relation despite being external to the production process.

The call for nationalization and state centralization independently of working-class consciousness of its own general interests may be merely the expression of the immediate interests of workers under specific circumstances without leading anywhere except the absorption of such nationalization into the folds of the capitalist system itself; in other words, such nationalization may be co-opted by the modern state and by certain sections of the class of employers.

Isabelle Garo (2000), Marx: Une Critique de la Philosophie  argues that Marx did oppose, at least later in life, state centralization as a socialist measure (I give my rather freely translated version, followed by the original French. If anyone has a better translation, feel free to make a comment), pages 233-234:

Marx insists on the fact that the Commune [the Paris Commune, an organization that arose in 1871 in the face of, on the one hand, the defeat of France by Prussia during the Prussian-French war and, on the other, the attempt by the French class of employers to take away the arms held by the National Guard in Paris] aims in the first place the emancipation of work. It is the established unity between political tasks and economic organization, “the political form finally found that permitted the realization of the economic emancipation of work.” From this point of view, the idea of a separated political instance is indeed an illusion that masks the functional subordination of the State to the mode of production to its criteria and to its needs. The overthrow of this logic is not the temporary reuse of the State, followed by its suppression: as functional representation, it [the State] concentrates in itself the nature and contradictions of the economic and social formation in general. The withering away of the State is a radical redefinition of politics, its reappropriation by the associated producers as an instance of democratic decision-making and rationalization of a production that cannot possess in itself its own ends. Said in another way, the valorization of value [the increase of money for the sake of the increase of money by way of using human beings and their conditions of life as means to that end–see The Money Circuit of Capital)  and its absurd spiral must cede place to the redefinition of social and individual activity. Political representation, modified in its definition, is turned upside down in its function: far from being a means for dispossession that makes universal suffrage the right to designate who are to be our  “masters,” is the occasion of a specifically political action precisely because it concerns local tasks of organization.

Marx insiste sur le fait que la Commune vise en premier lieu l’émancipation du travail. Elle est l’unité instaurée entre tâches politiques et organisation économique,
« la forme politique enfin trouvée qui permettait de réaliser l’émancipation économique du travail79». De ce point de vue, l’idée d’une instance politique séparée est bien une illusion qui masque la subordination fonctionnelle de l’État au mode de production à ses critères et à ses urgences. Le renversement de cette logique n’est pas la réutilisation momentanée de l’État, suivie de sa suppression: en tant que représentation fonctionnelle, il concentre en lui la nature et les contradictions de la formation économique et sociale dans son ensemble. Le dépérissement de l’État est une redéfinition radicale de la politique, sa réappropriation par les producteurs associés comme instance de décision démocratique et de rationalisation d’une production qui ne saurait posséder en elle même ses propres finalités. Autrement dit, la valorisation de la valeur et sa spirale absurde doivent céder la place à la redéfinition de l’activité sociale et individuelle. La représentation politique, modifiée dans sa définition, est retournée dans sa fonction : loin d’être le moyen d’une
dépossession qui fait du suffrage universel le droit de désigner ses «maîtres3», elle est l’occasion d’une action spécifiquement politique, précisément parce qu’elle
concerne des tâches locales d’organisation.

This does not mean that there would be merely local cooperatives; there could be a federation of cooperatives that united not just economic functions but political functions, under the rule of the producers and the local communities and, at the same time, connected to each other in a cooperative national structure initially (see  the description of a possible scenario in the series Socialism, for example,  Socialism, Part Six: What It May Look Like, or Visions of a Better Kind of Society Without Employers). Universal suffrage would be preserved and control of the executive (state personnel, election of the judicature and other changes in the nature of the state would be required. From Richard Hunt, The Political Ideas of Marx and Engels: Classical Marxism, 1850-1895, volume 2, page 133:

By way of contrast Marx emphasized that “nothing could be more foreign to the spirit of the Commune than to supersede universal suffrage by hierarchic investiture.”18 Not only were judges to be elected but, most of all, administrators at all levels. Marx had always made executive power his prime concern and set forth its radical democratization as the foremost political objective of any popular movement. Thus in the First Draft he declared that the Communards had adapted universal suffrage “to its real purposes” when they used it to choose “their own functionaries of administration and initiation.”19 Such functionaries and indeed all the elected public servants of the Commune would also work under much closer control by their electors, because of the additional safeguards encountered but infrequently in bourgeois democracies–…the right of recall, and open executive proceedings with subsequently published transcripts. Marx had no patience with any institutional devices, checks, or balances whose purpose was to curtail popular influence; he favored a maximum of mass participation in and control over all branches of government. “Freedom,” he would write four years later, perhaps thinking of the Paris Commune, “consists in converting the state from an organ superimposed upon society into one completely subordinate to it, and today, too, the forms of state are more or less free to the extent that they restrict the ‘freedom of the state.”’20 Just as bourgeois democracy could be judged much freer, by this yardstick, than Bonapartist despotism, so the Commune could be judged much freer than bourgeois democracy.

Professor Noonan’s implicit assumption that nationalization is somehow socialist definitely needs to be criticized. From Hunt, volume 2, pages 226-227:

Marx made it clear that such leisure included at least the following: (1) time to be idle (rest, etc.); (2) time for artistic endeavor; and (3) time for scientific pursuits. Most science was done in leisure time during Marx’s day, including the social “science” he did himself. A continuing development of scientific knowledge would have obvious return benefits in rationalizing the processes of production. The growth of leisure time in general would produce a more knowledgeable and versatile work force: “Free time- which is both idle time and time for higher activity- has naturally transformed its possessor into a different subject, and he then enters into the direct production process as this different subject. ” 34 Marx’s last commentary on these matters is to be found in the Critique of the Gotha Program, written in 1875, a decade after the third volume of Capital. Here we find the striking passage which confirms that the radical vision of The German Ideology remained consistent in Marx’s mind to the end-under communism work will be attractive (“life’s prime want”), and the division of labor will be totally overcome:

In a higher phase of communist society, after the enslaving subordination of the individual to the division of labor, and therewith also the antithesis between mental and physical labor, has vanished; after labor has become not only a means of life but life’s prime want; after the productive forces have also increased with the all-round development of the individual, and all the springs of cooperative wealth flow more abundantly- only then can the narrow horizon of bourgeois right be crossed in its entirety and society inscribe on its banners: From each according to his ability, to each according to his needs.

For Marx and Engels, then, communism was never equated simply with nationalization of the means of production. From beginning to end, their writings stress the transcendence of the division of labor as integral to the classless society. It was not some queer, extraneous, or easily discardable part of their system of ideas. It was the division of labor, after all, that first created private property- not vice versa- along with social classes, the state, the antagonism between the sexes, alienated labor, and the separation of town and country. If the dividing of labor was original sin, its Aufhebung [its elimination and the simultaneous nurturing of the positive aspects that have emerged on its basis–such as increased productivity of labour] alone would mark the redemption of mankind. Nationalization of the means of production, in and of itself, overcomes none of the aforementioned evils, but only enhances the power of the state, making it a single giant monopoly corporation. Later generations of Marx’s followers, Communists and social democrats alike, increasingly misunderstood, trivialized, or simply forgot this aspect of the masters’ teaching, surrounded as they were by a world in which occupational specialization gained ground every day in every sphere, quite regardless whether the local economic system was communist, socialist, or capitalist. The relentless dividing of labor tasks seemed as inevitable as death and taxes. Only quite recently have some radicals begun to reconsider this whole issue seriously.

If we inquire where Marx got the idea of transcending the division of labor, at one level it appears to be his reinterpretation of the general liberal call for “the free development of the individual personality,” especially in its specifically German incarnation as the ideal of Bildung [education in the widest sense]– maximum cultivation of the talents of the individual, especially the “higher” faculties and sensibilities, into a well-proportioned whole. Marx reinterpreted this ideal first by reminding the liberals that the free development of the individual personality does not occur on a desert island: “Only within the community has each individual the means of cultivating his gifts in all directions; hence personal freedom becomes possible only within the community.” But mainly he democratized the liberal ideal which had always tacitly presupposed the existence of “lower orders” to look after the “lower” needs of each free personality. By transcending the division of labor in society at large, “the genuine and free development
of individuals ceases to be a mere phrase. ” In the renowned words of the Manifesto, “the free development of each is the condition for the free development of all. ” 38 Of course the Bildung ideal itself was based on Renaissance models and above all on the Greek ideal of personal well-roundedness, suggesting once again the extent of Marx’s underlying debt to the values of classical antiquity [ancient Greece and Rome].

This does not mean that there may be no role for parliamentary institutions in some form. Universal suffrage and some form of central national institution would probably be necessary, and nationalization of key industries may make some sense–but in order for universal suffrage to be an expression of working-class democracy, the working-class itself would have to engage, consciously, in opposing the class of employers. From Hunt, volume 2, page 70:

In 1852 Marx wrote of universal suffrage, as Engels had done so often before, as the very touchstone of proletarian victory in Britain:

Universal Suffrage is the equivalent for political power for the working class of England, where the proletariat forms the large majority of the population, where, in a long, though underground civil war, it has gained a clear consciousness of its position as a class [my emphasis], and where even the rural districts know no longer any peasants, but only landlords, industrial capitalists (farmers) and hired laborers. The carrying of Universal Suffrage in England would, therefore, be a far more socialistic measure than anything which has been honored with that name on the Continent. Its inevitable result, here, is the political supremacy of the working class.

It is possible that a dual movement of the working class, becoming conscious of itself as a class, could institute nationalization of key industries while simultaneously engaging in the restructuring of the modern state to link political and economic change that expresses its own interests.

Such a situation, though, requires that the working-class becomes conscious of itself as a class. Professor Noonan provides no evidence that this is the case. In fact, part of the purpose of this blog is to demonstrate in many ways that this is not the case–ranging from the silent indoctrination that working-class students receive for at least 12 years in schools (see, for example,  A Case of Silent Indoctrination, Part One: The Manitoba History Curricula and Its Lack of History of Employers and Employees) to the claim by the social-democratic left that there is such a thing, within an economic, political and social system characterized by the class of employers, as “fairness, a “fair share” or “fair contract” for workers (see, for example, The Canadian Labour Congress’s Idealization of the Collective-Bargaining Process.

What is ironic in Professor Noonan’s position is that he accuses some leftists of being Leninists, which he implies is out-of-date. I had a debate–if you can call it that–some time ago. In his reply, he stated:

“I think we need to forget about revolution/reform as a fundamental and meaningful political difference today and start to think about working out a common agenda of structural change that can take us from where we are to a democratic life-economy (where we need to be) The social-reformist left has problems, but the ‘revolutionary’ left suffers from the problem of not existing as in any sense a meaningful political force, and has no model (save archaic Leninist ideas) about how to build. If nineteenth and early twentieth century ideas about revolution were going to work they would have worked 100 years ago. Historical materialism requires new political thinking in new times. The organizational forms that will attract and unify people have yet to be found. Most times I worry they never will be.

Professor Noonan, as a self-proclaimed member of the social-reformist or social-democratic left, has more in common with the Leninist view of the modern state than he realizes. (I leave it open whether Lenin in theory advocated a centralized socialist state. Thomas argues that he did whereas Kay and Mott seem more sympathetic to his views of the modern state.)

Instead of preparing the working-class for real control over its own lives by criticizing the inadequacies of the modern state, Professor Noonan engages in utopian fantasies about the magical world of nationalization.

The immediate question is what can workers and their representatives do to prevent the capitalist state from obliging them to return to work for employers when it is still unsafe to do so. The next question is, once the coronavirus pandemic recedes, what can be done to prevent a rush by the class of employers and the modern state or modern government–a purely political state that arises with the ripping of the conditions of life of workers from the control of the workers themselves–from foisting payment of the crisis on the backs of workers, the unemployed, immigrants and the disabled. These diverse groups of civil society, if they are to resist this and to win more than just temporary gains, need to begin to organize for the overthrow of the alienated, exploitative, oppressive and coercive state or government, along with the alienated, exploitative, oppressive and coercive class of employers–a movement which Professor Noonan considers to be outdated. After all, the magic words “democratic” and “nationalization” take the place of real democracy, with a class conscious working-class explicitly fighting to end the alien power of the modern state and the alien power of the class of employers.

The claim that the nation state can “override capitalist market forces” fetishizes the nation state by treating the nation state as somehow external to those market forces. But how does the nation state override market forces? By, force? The nation state as a focal point of political power is hardly independent of capitalist market forces. Just as money  is money only because commodities do not have the capacity of being exchangeable in their immediate form, so the nation state has the power that it does because citizens do not have the capacity to represent their own interests except in an alienated form, via the alienated state, a state that is representative in an atomized fashion that dissolves class relations into the homogenous situation of being a “citizen.”

Professor Noonan makes the further following claim:

As powerful as capital is, it has proven no match for the virus, on the one hand, and state power, on the other. The danger, of course, is that the state is currently acting under emergency powers, but will revert to its standard function of enframing and protecting capital, if we let it. The alternative is to use this crisis as a basis of legitimacy for the state– under the control of democratic political forces acting in our shared life-interest– to assume control over the productive basis of society and re-orient production to serving life-needs.

Professor Noonan’s analysis is rather vague. Firstly, Professor Noonan does not specify how “capital … has proven no match for state power.” Perhaps he means closing borders to non-citizens and non-permanent residents. Such a situation, however, has existed for a long time, and control of “foreigners” became more systematic with the emergence of passports (which did not exist in any systematic way for some time despite the existence of the capitalist state and a class of employers)–and such a move is hardly independent of the power of capital or of employers; passports are a means of control over workers throughout the world (see an earlier post What’s Left, Toronto? Part Six).

to achieve their goals (in the case of private corporations, profit, and in the case of government organizations, their mission statement and the overall operations of government). If employees start dying on mass, the interests of employers are jeopardized. Professor Noonan simply ignores this basic fact of “capitalism.”

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?