Once Again on the General Strike that Almost Was in Ontario, Canada, Part Two: Sam Gindin’s Analysis

Introduction

For some of the context of the strike, see a couple of earlier posts (The Case of the Possible General Strike of Ontario Unionized Workers: Critique of Conservative Radicalism or Radical Conservatism and The CUPE Education Workers Strike: A Lesson on the Nature of the Public Sector). 

A few more leftists have made commentary on the initial strike of 55,000 education workers and the possibility of a general strike in Ontario. I looked at the debate between Adam King and Abdul Malik and in the online newsletter Passage  https://readpassage.com/should-cupe-have-kept-education-workers-on-strike/) in my last post.  Then there is Sam Gindin’s analysis on the Socialist Project’s website  https://socialistproject.ca/2022/12/education-workers-lead-but-come-up-short/. I will now look at his article. 

The title of his article–Education Workers Lead But Come Up Short: What Lessons for Labour?–indicates that workers and the left can and should draw lessons from the strike. His article is organized as follows (using his headings as guides): 

Introduction
Threats of Fines and Legislation
Context: When a Strike is More Than a Strike
Organize, Organize, Organize!
General Strike?
Why Didn’t CUPE Stay on Strike?
Did the Education Workers Win or Lose?

Gindin then lists and explains a number of points. In his own words: 

Of the various indicators of whether labour is, at long last, turning the corner, four challenges/tests seem especially pivotal.

1. Organizing
2. Coordination
3. Addressing Class
4. Union Transformation
5. Politics

Introduction

In the introduction, Gindin rightly emphasizes the unique nature of the situation which the education workers faced. Unlike the typical scenario of the government legislating striking workers back to work and union reps grumbling about its anti-democratic nature but complying with the legislation–and the workers also complying with the legislation–Ford passed the legisaltion before the workers even went out on strike: 

The divergence from earlier experiences began with the way the Ford administration tried to end the strike. Rather than wait until the strike was actually on, Ford used his parliamentary majority to pass legislation that criminalized the right of these workers to strike even before they actually went out (in the infamous Bill 28, Keeping Students in Class Act). With inflation running just under 7%, the legislation imposed a collective agreement offering 2.5% for workers earning under $43,000 annually and 1.5% for those earning above that princely sum. (The distinction the government made between low-paid and less low-paid workers was perhaps intended to push 1.5% as the standard for future collective bargaining in the public sector with the additional sum for lower-paid workers an ‘exceptional’ add-on for this sector alone.)

Threats and Fines

In the section on Threats of Fines and Legislation, Gindin points out to the second difference from the typical union scenario–the use of the notwithstanding clause, which reverberated not only within the union movement but beyond it: 

and, in addition, [the Ford government] invoked the notwithstanding clause to prevent a legal challenge to such legilsation.

Gindin then points out that the workers (not the union reps) did not follow the typical script: they refused to comply with the legislation and walked off the job: 

The main break with past collective bargaining came next. Unlike earlier labour responses, the education workers rejected the script. Across the province, school custodians, maintenance workers, education assistants, early childhood educators, lunchroom and safety monitors, librarians, and office staff ignored the legislation and walked out.

The audacity of the education workers galvanized the larger labour movement against Ford’s authoritarian over-reaction. On the ensuing weekend, after the first day of the strike, rumours spread of an imminent escalation of the conflict. A press conference was called for Monday morning (Nov. 6) where unions leaders were to announce a ‘general strike’. What was so recently unthinkable – a province-wide shut-down – seemed to have become an actual possibility.

This led to Ford backtracking and to an improved wage offer at the bargaining table: 

With this, the government’s once definitive ‘final offer’ also became flexible. In response to the union’s demand to ’put more money on the table’ Ford conceded that the government would indeed increase the wage offer if the workers ended the strike and returned to the bargaining table. The union complied and on November 20, the two sides announced a tentative agreement. It included monetary gains, though short of workers’ hopes, but no gains on staffing. More than two weeks later, 76% of members voted on the tentative agreement with 73% voting for ratification (it’s unclear why ratification took more than two weeks).

Context: When a Strike is More Than a Strike

In the section “Context: When a Strike is More Than a Strike,” Gindin outlines why Ford acted as he did and why the wildcat strike likely happened whereas it had not happened earlier for many years among other workers: 

Like other public sector workers, the education workers had suffered under the 1% cap on wages in their last agreement. Over the past decade (2012-2021), their real wages had fallen by some 10% as prices increased by 19% while wage increases were under 9%. Moreover, while all workers have been hard hit over this period, Ontario’s education workers’ wages fell further behind the province’s broader public sector, where average wages had increased by 12.2%. Federally regulated workplaces had seen their wages increase by 18.6%, municipal unions by 19.1%, and private sector workers by 20.3%.

The education workers’ 1% wage cap had expired with the end of their previous collective agreement, ‘freeing’ CUPE to bargain without that cap – the first major agreement to be in that position. This set the stage for the face-off with the government. For the Ford administration the demands of the education workers were not just about one sub-sector but a Trojan Horse for gains across the public sector. They had to be aggressively contained.

He then claims that CUPE OSBCU faced, however, definite obstacles to engaging in a fight with the Ford government; it was only one union that faced the Ford government head on despite the significance for the public sector; he also claims that the significance for privat-sector bargaining was less directly affected: 

This morphed a ‘normal’ conflict with a set of employers (the school boards) into what was essentially a political strike against the government. The dilemma for the union was that in spite of the conflict’s significance for the entire public sector (and less directly, for private sector bargaining), the battle was being led and fought by only a sub-sector of the union movement.

This underestimates union reps’ perceived threat that the use of preemptive legislation and the use of the notwithstanding clause by Ford threatened their own economic, political and ideological interests, as I argued in an earlier post on this topic (see  The Case of the Possible General Strike of Ontario Unionized Workers: Critique of Conservative Radicalism or Radical Conservatism). To quote from that post: 

Union bureaucrats themselves realized the potential threat to their ideology of free collective bargaining so often expressed by them. At the press conference, we hear the following from Mark Hancock: 

National Secretary Treasurer, Candace Renick [of CUPE], Fred Hahn, the Ontario division president, and many CUPE leaders from all across the country. Friends who have joined him from the labour movement today up front. We have leadership from the Canadian Labour Congress, the Ontario Federation of Labour, ATU Canada, the Elementary Teachers Federation of Ontario, the Ontario English Catholic Teachers Association, the Ontario Secondary Schools Teacher Federation, the AEFO, the United Steel Workers, UFCW, Unifor, the Ontario Building Trades, the United Association of Plumbers and Pipefitters, the Sheet Metal Workers, Unite Here, IATSE, the National Union of Public and General Employees, the Public Service Alliance of Canada, the Canadian Union of Postal Workers, the Ontario Public Service Employees Union, the Ontario Nurses Association, SEIU Health Care, the Canadian Office and Professional Employees Union, the Society of United Professionals, the Toronto and York Regional Labour Council. Today we represent millions of private and public sector workers all across the country.

This is an unprecedented gathering of labour leaders because the attack against workers’ rights that we’ve seen from this government—the attack on the rights of all Canadians which has been unprecedented. Bill 28 was a direct threat to workers’ rights and to the Charter rights of all Canadians. It invoked the notwithstanding clause to undermine some of our most fundamental rights. That regressive attack on workers united the labour movement like never before.

Gindin, like his ally Herman Rosenfeld, underestimaes the extent to which Ford’s move threatened the interests of not only public-sector unions but also private-sector unions. This underestimation then permits him to neglect the potentiality of uniting the union movement and workers in unions due to the pecularities of that situation–a peculiarity which Malik rightly emphasizes: 

Continuing to organize is important, but the massive groundswell of support and mobilization is already dwindling. I believe it’s doubtful we’ll see this degree of action again anytime soon, and we’re all worse off for it.

Gindin’s pessimism is reinforced by his view that only sporadic lights of hope have emerged in unions’ fights in recent years: 

Further militating against the aspirations of the education workers was that the prevailing mood of labour as a whole was characterized by a dispiriting passivity. It is true that there were some hints of a reawakening within the labour movement. OPSEU’s (Ontario Public Sector Union) college strike and ATU’s (Amalgamated Transit Union) GO bus strike had generated some optimism. So too did progressive changes in union leadership in OPSEU, Unifor, and the Toronto elementary teachers. But the grumbling across unions over the 1% caps on wages included little or no substantive resistance. Strikes in the public and also private sectors were at an ebb. Tentative agreements were rarely rejected. Wildcats were almost unheard of.

Gindin’s pessimism reminds me of of-quoted remark by Marx. From The Eighteenth Brumaire of Louis Bonaparte, in Marx-Engels Collected Works, Volume 33, page 103: 

Men make their own history, but they do not make it just as they please; they do not make it under circumstances chosen by themselves, but under circumstances directly encountered, given
and transmitted from the past. The tradition of all the dead generations weighs like a nightmare on the brain of the living.

Yes, let us be cautious when the situation warrants it, but the situation which not only the education workers faced but also the entire Canadian working class faced because of Ford’s authoritarian actions hardly warranted a conservative stance. By looking towards the past rather than the potential of the present and thus the future, Gindin, like his fellow conservative radical Rosenfeld, thereby urges the gradual approach of step-by-step organization–without any consideration of possible situations that may potentially accelerate organization and class consciousness. 

In addition, Gindin, like Rosenfeld, underestimates the potential the situation had for unifying the labour movement not only in Ontario but also in Canada since Ford’s use of the withstanding clause had the potential to threaten the collective-bargaining process across Canada if other premiers used it to prevent legal challenges to their own anti-labour legislation. Gindin, like Rosenfeld, positions himself as a radical conservative or a conservative radical by failing to take into account the potentialities of the situation. 

On the other hand, we certainly need to look at the limitations of past leftist actions in contributing to limitations on the potentials of unique situations. Gindin and his ally Rosenfeld, as well as the left here in Toronto in general, have done nothing to undermine the idealization of collective bargaining and collective agreements. Gindin, for example, justified unions’ use of the ideological phrase “decent work” in the context of working for employers because unions were acting defensively–as if unionized settings consitute decent work when workers are still used as means or things for    employers’  own purposes–see The Money Circuit of Capital for the objective situation of workers in both the private and public sectors). Bullshitting the workers with such rhetoric is hardly in the class interests of workers–and yet Gindin justifies such rhetoric. Go figure. 

What is needed when such potentially radical situations are not on the horizon is to undermine union rhetoric by exposing, on the one hand, the actual relations of workers to their employers and, on the other hand, exposing and underming directly the union rhetoric of “decent jobs,” “fair contracts,” and other such euphemisms that hide the reality of class oppression and class exploitation. 

Gindin also refers to parents as players in the scenario.Undoubtedly, parents are a player in determining the level of public support for such a strike: 

Of concern as well to the union was the likely response of parents. Parents had experienced the negative impact of COVID on their kids’ education and with their kids at home, they faced interruptions in their own work. Even though the union had prioritized its concern for kids and their parents in its emphasis on improving badly-needed school services, and there had been very impressive organizing among parents by the Ontario Parents Action Network, Ford would no doubt try to position himself as the defender of in-school learning against its ‘disrupters’.

Gindin probably underesitmates the level of parent support for the striking education workers; at the picket line and the rally that I attended on November 4, there were a number of parents who had signs that supported the workers. The use of the notwithstanding clause probably angered not just unionized workers and represenatives but also parents. 

Organize, Organize, Organize!

In the section “Organize, Organize, Organize!,” Gindin argues that the education workers’ strike was largely successful in beating back Ford’s authoritarian legislation because of the eight-month lead in organizing workers up to the strike, using Jane McAlevey’s model of organizing. Although McAlevey’s organizing model is certainly innovative, focusing on using organic leaders who are the recognized leaders at the workplace (and not necessarily union or political activists) as well as “structured tests” as mini-tests to determine whether there is indeed power to back up demands). 

This emphasis on the need to engage in “deep organizing” is certainly relevant, but as I pointed out in my critiques of McAlevey’s books (see my review “Review: Jane McAlevey’s No shortcuts: Organizing for power in the new gilded age,” in the section “Publications and Writings” on this blog and the posts Review of Jane McAlevey’s “A Collective Bargain: Unions, Organizing, and the Fight for Democracy”: Two Steps Backward and One Step Forward, Part One  and  Review of Jane McAlevey’s “A Collective Bargain: Unions, Organizing, and the Fight for Democracy”: Two Steps Backward and One Step Forward, Part Two), McAlevey’s approach does little to address the larger class problem of the class power of employers–and such power concentrated in the government or state. 

General Strike?

The next section addresses the issue of whether a general strike was a viable option. Unfortunately, Gindin then hands over the ball to his ally, Herman Rosenfeld, by referring to an article written by Rosenfeld, who argues that a general stike was not realistically on the table: 

These are hopeful sentiments. But we need to be sober about the state of the labour movement and what it takes to pull off even a partially successful general strike (see especially the account by Herman Rosenfeld). If we credit the pre-strike organizing by education workers for their illegal walk-out, a corollary is that since labour as a whole generally has done so little of such organizing, it could not have successfully pulled off much of a general strike. The above optimism over what might emerge from a general strike does not tell us how to actually achieve a general strike.

As I have argued against Rosenfeld’s position in another post, I refer the reader to that post (    ). 

Gindin provides further arguments that it would have been unrealistic to call for a general strike under existing circumstances: 

Consider. The teachers, as noted earlier, were not supportive of the education workers’ disruption of classes and this didn’t bode well for other sectors walking out. Would public sector workers who suffered the 1% cap without their own unions putting up much of a fight take the sudden call for a general strike seriously? Ditto private sector workers, whose unions often defended and even sold concessions such as two-tier wages to their members. Moreover, would we expect – or even want – workers to go on a general strike when they haven’t been consulted, the strategy hasn’t been debated, no education has occurred, and no larger plan articulated?

Firstly, were teachers not supportive, or were teachers’ unions not supportive? Gindin assumes there is an identity between the two. Whether there were such an identity would have to be proven, not assumed. Secondly, even if teachers themselves opposed supporting the striking workers, would other “public sector workers who suffered the 1% cap without their own unions putting up much of a fight take the sudden call for a general strike seriously?” That would have remained to have been seen. Given Ford’s authoritarian fist of using the notwithstanding clause, they may or may not have done so; this would have been a test to see who had more power. Even if the other public-sector workers were not organized on the basis of McAlevey’s approach, they could at least have been partially organized in order to support a general strike. We will never know, of course. But there could have been partial mobilization in support of a general strike that could have provided further pressure on the Ford government and not, as Gindin implies, some long-drawn out process that requires the step-by-step gradualism that he and his ally Rosenfeld evidently advocate.

Furthermore, this would have been an appropriate occasion for bringing up explicitly the issue of the adequacy of “free collective bargaining” and what union reps mean by that. Gindin remains silent over this issue. 

Of course, strategy should be debated–but part of what is interesting about the situation is the open-endedness of the situation, as even Mark Hancock, the president of CUPE National stated: 

I think part of it is: Nobody really knew. That was the beauty of what’s happened over the last number of days leading into the legislation being enacted that…this grew a movement of its own in some ways. And you heard very clearly from private-sector unions and public-sector unions that everybody was very serious on that. And what that looked like on Saturday at the rally and on Monday, I think we had a pretty good idea. But beyond that I have no idea. This has got legs of its own.

For Gindin, like Rosenfeld, what is needed is–debate, debate and more debate! and not the translation of even imperfect debates into action (and even then, the debate must occur within limits deemed relevant by Gindin–see below concerning his belief that it is irrelevant to debate whether union rhetoric that unionized work is decent).. Like his fellow ally, Rosenfeld, his approach reminds me of one part in the Monty Python’s The Life of Brian, where a woman indicates that Brian is going to be crucified  (see   https://www.youtube.com/watch?v=55fqjw2J1vI ). Chatter, chatter and more chatter. 

Gindin also opposes the advocacy of a general strike because it was unclear what the term meant: 

Nor was it even clear what the union leaders intended by a ‘general strike’. Did they mean an indefinite strike or – more likely – a one, perhaps two-day strike which, though of consequence would essentially amount to another protest rather than a fundamental challenge to authority (protests had preceded the talk of a general strike; they were spirited and not insignificant, but far from overwhelming).

Note the downplaying of around 10,000 workers and supporters at the picket line/rally on November 4 in the context of the head of a government legislating workers back to work before they even had begun a strike and using the notwithstanding clause to prevent any legal challenge to such legislation. For Gindin, it would seem, only if hundreds of thousands of workers were organized and out on the streets should any realistic talk of a general strike be attempted.  Let us not risk anything; let us be 99 percent certain of victoy before we act. Gindin, apparently idealizes the Days of Action in the 1990s, when about 200,000 people in Toronto alone participated in a city general strike that formed part of a rolling provincial general strike (shifting from one city to another, such as from London or Hamilton–see the interview with Gindin (https://podcasts.apple.com/ca/podcast/so-you-want-to-have-a-general-strike-feat-sam-gindin/id1472061764?i=1000463838625). 

If there were 200,000 Sam Gindin’s in Toronto participating in a strike, I doubt that the Ford government would have to worry; even if organized, they would seek a very slow, very cautious path that would not upset the status quo–except perhaps in 200,000 years. 

Gindin’s cautious attitude also reminds me of a parliamentary attitude towards mass actions–despite Gindin’s own undoubtedly sincere acknowledgement of the importance of mass action. From Johannes Agnoli, Collected Works, Volume 2, page 70 (my loose translation): 

… exactly herein lies the point of divergence between attempted communism and  conformist social democracy. There will surely be many comrades at the base and in the top committees, who (without knowing that they are therewith repeating the watchword of narrow-minded German conservatism) will say: We will make no experiments, we will not stake our organization and our methods of struggle,  which are well tried and function well, in favour of a new path whose outcome  we do not know. The German social democrats had already proclaimed, when faced with the rise of Nazism: “Let’s not risk too much in order not to lose everything.” Yet one day comrades will in fact begin to think about a somewhat currious phenomenon, that the organizations and methods tried and tested by history in the western capitalist countries have not only never led in any particular case to revolution but also have not not even been good enough to stop the counter-revolution. [Werner Bonfeld, in “Constitutional Norm versus Constitutional Reality in Germany:  A Review Article on Johannes Agnoli’s Die Transformation der Demokratie und andere Schriften zur Kritik der Politik
(The Transformation of Democracy and other writings on the Critique of Politics),” in pages 65-88, Capital & Class, Volume 16, Issue No. 1, page 66). By “counter-revolution” Agnoli means, as Werner Bonefeld explains, “Agnoli understands the political integration, and thus reformulation, of social struggles for social emancipation as being bound up with a merely political emancipation which characterises the constitution of power in bourgeois societies.”

Gindin fails to take into account the effective nature of the capitalist state in co-opting or integrating  social movements in general and union movements in particular into the capitalist system (backed up, when necessary, by the iron fist of the police and, at times, the military). 

Thomas Mathiesen saw this danger to which Gindin is blind. Mathiesen calls the state absorbent when it has a refined capacity for neutralizing radical and revolutionary movements and demands. Mathiesen calls being co-opted “being defined in” and being shuffled to the side as irrelevant extremists “being defined out.” He calls “finished” the impossibility of contributing to the overcoming of the economic, political and social structures that characterize the dominance of the class of employers. From Mathiesen (1980), Law, Society and Political action: Towards a Strategy Under Late Capitalism ,page 252:

The strongly absorbent late capitalist society has in fact managed, by the process of defining in, to absorb large parts of the Left into political work of a structure maintaining kind, while at the same time, through the process of defining out, it has managed to neutralize the remaining part of the Left as so-called extremists. By an interchange of the forces which define in and define out, on the one hand, and internal organizational reactions to these forces on the other, the parties of the Left have to a large degree either become ossified organizations which are defined in, or ossified organizations which are defined out. In any case they are, in our sense, finished.

On the other hand, Gindin does accurately assess the union reps’ likely response to Ford’s backing down over Bill 28: 

In any case, the proposed general strike wasn’t actually over the workers’ demands, but the Premier’s especially authoritarian legislation. Once that law was repealed, so too was talk of a general strike. And based on what we saw in the media and heard from other channels, while the labour leadership was rightly proud of getting Ford to step back, it seemed quite universally relieved that their threat of a total provincial walk-out would not be tested.

Yes, the union leadership was probably relieved. However, that does not mean that the rank-and-file necessarily were.

The underestimation of the co-optive capacity of the capitalist state leads Gindin to fail to support the potential opposition to the government arising from various sources–a lost opportunity. 

Bill 24, as a specific piece of  authoritarian legislation, was the continuation of earlier authoritarian legislation, such as Bill 5, which had changed–in 2018 mid-municipal elections–ward boundaries. In 2021, when the Ontario Supreme Court judged parts of Bill 254 (which pertained to doubling the length of time a third party could run pre-election ads) to be unconstitutional,  Ford used the notwithstanding clause to pass Bill 307–which contained those parts judged unconsttutional; the use of the notwithstanding clause to quash a judges rulings should be seen in the context of provincial elections the following year–which Ford won. More directly relevant was Bill 124, which capped public-sector wage increases to one percent per year for three years. Just recently, on November 29, the Ontario Supreme Court judged the Bill unconsitutional; Ford’s government is appealing the decision. 

There has been plenty of evidence that Ford has used the political system to quash even liberal political democracy when he can. Given that only about 43.5 percent or, to put it the other way, about 56.5 percent did not bother to vote in the 2022 provincial elections, this in itself indicates that actual support for Ford was probably quite a bit lower. Given the historical record of Ford’s authoritarian administration, and the use of the notwithstanding clause to break not only the union but also set a precedent that could be used to block “free collective bargaining” in the future not only in Ontario but across Canada, the potential for substantial opposition to Ford’s government was there. Furthermore, given the pent-up lives of many during the COVID pandemic, the potential was probably even greater. 

Gindin ignores this potential. 

And what did Gindin do before this situation to call into question the typical union model of “free collective bargaining?” His advocacy of Jane McAlevey’s approach to organizing as deep organizing (with stress tests to see how much power workers have) is a start, but he vastly underestimates the need to engage in ideological struggle if micro-organizing is going to be linked effectively with macro organizing with the aim of overcoming and abolishing the class power of employers. His own defence of unions’ use of such rhetoric as “decent work,” fair contracts” and so forth hardly prepared workers for a grasp of the inadequacy of collective bargaining and collective agreements as vehicles for realizing their interests. 

Gindin then provides a rather weak explanation of why Ford backed down by agreeing to repeal Bill 28: 

And yet Ford did back down in the shadow of labour’s threat of an all-out war with his government. What are we to make of this? Though speculative, it seems that it was not so much the fear of a successful general strike that moved Ford, but a growing web of contradictions. He had been trying to carry the populist banner of representing ‘the little man’ and nurturing labour leaders to his side. But the chain of events that the education strike set off exposed his true anti-worker colours and lost him the seven endorsements, primarily from unions in the construction trades, that he had previously recruited.

I will not explore further Gindin’s speculation except to speculate that it was indeed probably “the fear of a successful general strike that moved Ford.” Gindin wants to play down the possibility of such a successful strike and thus provides a speculative account of why Ford backed down that does not involve evidence that a general strike might have achieved more than Gindin is willing to admit. 

He then paints a geneal strike as somehow useful at times but not the only or even the most appropriate weapon workers can use to accomplish their goals: 

None of this denies that general strikes can be a crucial instrument in labour’s arsenal in the struggle to make our society more democratic and equal and our lives more secure and meaningful. But ill-prepared general strikes may also expose the weakness of the labour movement rather than showcase its potential. And general strikes are not necessarily the strategic pinnacle of labour opposition.

Consider the contrast with the Days of Action in the mid-1990s. In that earlier period the labour movement understood that it didn’t have the strength to call and sustain a general strike. The alternative chosen was to turn to a series of community shut-downs. This allowed labour to start with communities where it was stronger, concentrate their best organizers there, spend a good deal of time to prepare for each action, and ultimately sustain the protest over eleven one-day regional strikes over two and a half years.

Firstly, there are undoubtedly times when the call for a general strike would be ill-advised. When I attended a second rally in Toronto in support of the education workers on November 11, 2022, there were perhaps only 300 protesters when compared to the 10,000 a week earlier. Despite this, Socialist Action, a far-left political organization here in Toronto, had a poster that called for a general strike; it was evident that such a call for a general strike would fall mostly on deaf ears at this stage. However, before the calling off of the strike on November 7, the potential for a successful strike was much greater to at least force Ford to repeal Bill 28 before workers were to go back to work. It also had the potential to snowball into a call for the repeal of Bill 124 (the legislation that limited public-sector workers’ wages to one percent per year–which a court has recently declared invalid, a decision which Ford has appealed). 

Secondly Gindin refers to the Days of Action and the lack of a general strike but rather eleven one-day regional strikes over two and half years.” What was accomplished by such a tactic? Gindin fails to specify what was gained. Was it a further advance in the organizational capacity of workers? A further understanding of the class nature of our society? A further weakening of the legitimacy of government? When I came to Toronto at the end of August 2013. the left was dominated by social democrats or social reformers–and Gindin reinforced their dominance by failing to engage in any real criticism of their political position. 

Why Didn’t CUPE Stay on Strike?

This section tries to answer the question in the heading: 

Why Didn’t CUPE Stay on Strike?

The most vexing question emerging out of the education workers’ strike is how it ended. Rather than following the common union practice of staying on strike until there was a concrete offer on hand and ratified by the membership, the leadership ended the strike, returned to negotiations, and also accepted a blackout on information.

The practical point here is that the return to work took the pressure off the employer. Even if talks broke down and picket lines returned, in the interim the momentum of the strike will likely have been eroded. The democratic point is that staying on strike until workers have seen and ratified a deal gives concrete expression to the promise that ‘the union belongs to the workers’. Furthermore, the labour movement seemed to be solidly behind the strike and polls showed the workers had the support of more than six parents in ten. Why, after all the preparations and this apparently favourable moment, would the union end the strike?

As for the media blackout on information, usually justified as allowing the bargaining to ‘go more smoothly’, this generally comes from employers more concerned with trying to freeze the union’s on-going mobilization. For the union, on the other hand, keeping the members informed was a matter of respecting the wisdom of workers and of the commitment to continuous organizing. Transparent bargaining could also facilitate getting a better read on where the members were at as the conflict progressed.

Moreover, in light of Ford’s recent embarrassed retreat, the union had some leverage in rejecting a bargaining blackout. Anxious to quickly end the strike, Ford would have had trouble delaying bargaining so as to control and block information flows. (The obvious compromise was to put any blackout on hold; if bargaining did seem at some point to demand a blackout this could, through mutual agreement be reconsidered.)

Gindin is right to point out the unusual backing down of the reps for the education workers in calling off a strike until demands had been met. The lack of transparency in negotiations is also of concern since this reflects typical anti-democratic behaviour of many union reps. 

Gindin further argues: 

Yet, there were two factors making the continuation of the strike problematic. First, Ford’s eating humble pie changed the dynamics of the bargaining conflict. The labour movement’s prime concern had been Ford’s removal of the right to strike and once that was defeated, the use of that right became secondary. For the labour movement, the negotiations between the education workers and the government drifted towards becoming a more or less ‘normal’ labour-management confrontation.

Ford’s “eating humble pie” did indeed change “the dynamic of the bargaining conflict”–for union reps. Their focus was on defending “free collective bargaining,” and once that had been achieved by a written guarantee by Ford that he would appeal the law, they “drifted towards becoming a more or less ‘normal’ labour-management confrontation. This should have been met by a radical critique of not only this shift but the obvious earlier idealzing of the whole collective-bargaining process and the resulting collective-bargaining agreements as inadequate expressions of the interests of workers. Gindin has done no such thing. 

The radical left needs to explicitly address the inadequacies of the collective-bargaining process, critizing union rhetoric at every turn. It needs to use every opportunity to open up debate about the legitimacy of that process–and such a debate has not been opened up since I moved to Toronto in 2013. Should not socialists be addressing this explicitly whenever they can? 

The second factor to which Gindin refers is parent support: 

Along similar lines, the support of parents could not be indefinitely counted on. After Ford had shown some ‘flexibility’ in annulling his legislation and expressing a readiness to modify his final offer, parents could be expected to pressure the union to show a parallel flexibility by ending the strike and returning to negotiations.

It is true that parents cannot be the determining factor for union strategies – the first consideration must be the workers affected – but neither can the reaction of parents be easily dismissed. Parent attitudes can affect the morale of workers and are critical to any future alliance for improvements in school conditions and funding. And with a good number of parents themselves workers, a relationship to parents is also critical to the building of a more coherent working class. Still, risking the loss of parent support might have been the route to go if it weren’t for the second factor.

Continuing the strike demanded a strike-able issue but in moving to a wage settlement, the union undermined both the staffing issue and the possibility of continuing the strike to win more. This clearly requires some unpacking. In doing so, the point isn’t to make judgements with the benefit of hindsight, but to explore some of the dynamics of bargaining to the end of rethinking future tactics/strategies.

It is true that parent support would likely not last indefinitely–short of much more radical measures. Gindin’s point is that the union could have tried to shift the central issue in bargaining from wages to the other issue of staffing levels–which would resonate more with parents than wage increases. This was perhaps a tactical error even for union reps–they could have achieved more at the bargaining table if they could sustain parent support.

Gindin then, interestingly enough, suggests an alternative scenario that would have addressed the staffing issue even if it were not a priority for the bargining committee: 

When they did, any pressure on the government moving on staffing was essentially gone. The union could not sustain a strike on staffing alone, which would have been a hard task in any case but certainly after wages, the workers main issue, was settled. Like wages, the call for more staffing went against Ford’s determination to continue reductions in expenditures across the public sector. What was distinct about staffing was that it challenged employers’ sacred ‘management right’ to rule the workplace. Getting the government to bend on staffing would be especially difficult and uncertain.

To have escaped this dilemma, the union would likely have had to concentrate on the staffing issue before getting to wages. This may seem peculiar given that wages were the obvious priority. But there is a distinction between priorities and the tactics of putting a package together. Unions in fact commonly try to address critical workplace and management rights issues before turning to wages, even when wages increases are the main goal.

When Ford offered to modify the government’s final offer in exchange for the union ending the strike and returning to the table, what if the union had responded not by pointing to wages but by leaving the wages to the side – knowing they would in the end return to the centre – and demanding some movement on staffing before they ended the strike? If Ford bit and offered something – anything – that in itself would give the workers a breakthrough to build on. If he didn’t, then twinning wages and staffing (unlike staffing alone) could sustain the continuation of the strike.

This indeed could have been done. Pressing for an inroad into what is traditionally management rights would have opened up the possibility of further politicizing the issue. However, such a possibility would have to be built on and not just swept under the rug–which is what the social-democratic or reformist left do so often. 

In addition, Gindin does not question the adequacy of addressing staffing levels–which have to do with adequate services under the existing school system. Adequate staffing levels appears then to assume that the school system is itself adequate and what is needed is an expansion of money and current services–and public education will be adequate. Public education, however, is riveted with contradictions and inadequacies, such as the rhetoric of addressing the educational needs of children while simultaneously using grades or marks to control, oppress and stream students (see in general the series of posts titled “Critical Education Articles Placed in the Teacher Staff Lounge While I Was a Teacher” and for the partiular criticism of the use of grades or marks in schools see  Critical Education Articles Placed in the Teacher Staff Lounge While I Was a Teacher, Part Fifteen: Progressive Versus Regressive Grading Systems in Schools). 

Did the Education Workers Win or Lose?

This final section before drawing up lessons learned is a summing up of whether the education workers won or lost. 

Did the Education Workers Win or Lose?

It’s hard to claim a victory when wages will fall even further behind inflation and staffing remains as is. But what can be said is that the internal organizing among the education workers and their readiness to strike illegally mattered. In a mere two days, the education workers had, remarkably, forced an aggressive Premier to back off a law dangerous to the labour movement as a whole, pushed the employer to drop concessionary demands like the erosion of paid sick days, and in spite of Ford’s absolute ‘final offer’, raised wages by a dollar across the workforce in each year of the agreement (a near doubling of the earlier offer).

Beyond this, the education workers were a showcase for implementing systematic member organizing into union strategy and demonstrating that workers can fight back even in the worst of circumstances. The education workers tried to derail the grim austerity agenda the Ford government has been pursuing but fell short. This poses a challenge to the larger labour movement to acknowledge its decades long internal crisis and start to confront seriously what reversing that crisis will mean.

It will take time to assess whether, considering everything, this strike is deemed a win or not. It will take some time to get a read on whether the education workers and the labour movement as a whole came out of this stronger or weaker. Time to learn about the impact on the consciousness and confidence of the education workers and time to see how the union deals with lingering disappointment. Time, that is, to see whether the example of the education workers affects the orientation and culture of the labour movement.

The education workers did indeed gain something–an increase in wages that they would otherwise have not gained, They also gained in organizing themselves and in learning to organize themselves. These positive gains also must include the negative gain of defeating Bill 28. However, largely what was gained was–a return to the status quo without any real questioning of the premises of the class power of employers. There is little indication that the workers drew any radical conclusions about the nature of working for an employer, the limitations of collective bargaining and collective agreements or the nature of class oppression and class exploitation.

Why is that? 

My prediction is that what transpired will have little effect on “the orientation and culture of the labour movement.” It had the potential to do so–but the potential was wasted–and Gindin, ultimately, is in agreement with such waste even if he is not conscious of his implicit agreement.

Gindin then refers to what he claims is needed for the labour movement: 

Of the various indicators of whether labour is, at long last, turning the corner, four challenges/tests seem especially pivotal.

He actually refers to five, not four, “challenges/tests”: 

1. Organizing

Activists should be pressing the parent union of the education workers CUPE, the largest union in the country, to extend the education/training carried out with such success in its education sector to the rest of CUPE. And activists everywhere should push their union to emulate the internal organizing the education workers did, adapted of course to their own circumstances. Among other things this would require setting up a cross-union school for training instructors. and essentially adding ‘organizing schools’ to the characterization of what unions are.

Yes, internal organizing and organizing schools should be created–but they should be combined with a critical part of such education–on the one hand, the critical determination of the nature of the kind of society in which we live and, on the other hand, a critical discussion of the limits of collective bargaining and collective agreements. 

The second challenge/test: 

2. Coordination

It is stunning that in the face of the 1% caps on public sector wage agreements, no systematic coordination occurred across unions. There have been ad hoc attempts to coordinate bargaining in some sectors like health, but it has been limited. Any broader coordination across unions will be difficult, yet with the public sector facing common attacks from the state, it’s surely time for the creation of a permanent council of public sector unions to strategize and build solidarity for the confrontations that we know are sure to come.

Yes, this too should arise. However, coordination across the public sector that fails to be crticial of union rhetoric is likely to result in the same kind of business union concerns that individual unions address. For example, when I attended a meeting of the Toronto Airport Workers Assembly (TAWC), an organization where union reps from various local unions whose jurisdiction is Toronto Pearson Airport workers, the meeting seemed like an enlarged union meeting, with the concerns of union reps being addressed without any critical larger issues being addressed (for addtional information on TAWC, see the posts  The Toronto Airport Workers’ Council (TAWC): One Step Forward and Two Steps Backward?    and  The Pearson Survey of the 50,000 Employees at the Toronto International Airport: A Document Expressing the Ideology of Employers  as well as TAWC’s Facebook page https://www.facebook.com/search/top?q=tawc%3A%20toronto%20airport%20workers%27%20council. What we also need is not just defensive coordination but offensive coordination. Unions have not engage in offensive tactics and strategies for a long time–and that does not just mean going on strike to achieve better contracts; it also means coordinating efforts with the explicit purpose of challenging the class power of employers in various ways, such as economic, political and ideological struggle. 

Gindin refers to the third challenge/test–and it sounds radical: 

3. Addressing Class

While organizing at the base and coordinating at the top complement each other, both need a clear strategic vision. What are workers being educated and trained for? What struggles would coordination prepare workers for? Some four decades ago Doug Fraser, then president of the UAW, clearly identified the emerging reality: “A class war is being waged in this country but only one class is fighting.” This remains true today and workers have suffered immensely for it. If this is to change, workers must come to grips with who they are, who is there with them, and where they ‘fit’ in the system. Class penetrates every aspect of workers’ lives and unless workers integrate class into how they think and act, the future will, if anything, be even worse than the past and present.

There is evidence that  what Gindin means by “class” is quite different from what I understandin by class. Thus,  part of the nature of class is to criticize slogans that hide the real nature of oppression and exploitation at work. As Gindin wrote on  November 24, 2017: 

Debating whether a job is ‘decent‘ is a misdirection.  Everyone pretty much knows, I think, that workers are exploited even if their conditions improve. ‘Decent jobs’ or a ‘good contract’ are a way of expressing defensive gains when radical gains are not even on the table and we – those on this exchange – don’t have the capacity tooter [to offer?] them any kind of alternative jobs. So criticizing them for this hardly seems an effective way to move them to your view – which is not to say you shouldn’t raise it but that you shouldn’t be surprised when they don’t suddenly act on your point.

Gindin’s approach is far from Marx’s approach. From a letter written by Marx to Arnold Ruge, September 1843 (Marx-Engels Collected Works, Volume 3, page 142): 

But, if constructing the future and settling everything for all times are not our affair, it is all the more clear what we have to accomplish at present: I am referring to ruthless criticism of all that exists,
ruthless both in the sense of not being afraid of the results it arrives at and in the sense of being just as little afraid of conflict with the powers that be.

“Everyone pretty much knows … that workers are exploited even if their conditions improve.” Really? I doubt that. Where is the evidence that workers or even the so-called radical left here in Toronto take seriously the nature of exploitation in Toronto? It is nowhere to be found.  Who is this everyone?

Indeed, it is one of the basic features of capitalist relations (class relations in a capitalist society) that they take the form of a relation between things and thus hide the nature of class exploitation. Social relations between workers become an objective relation that controls the workers rather than vice versa.  From Nicholas Gray (Winter 2012), “Against Perversion and Fetish: The Marxian Theory of Revolution as Practical Demystification,” in pages 13-24, Studies in Social and Political Thought, Volume 20, page 19: 

Thus, in bourgeois society, although individuals hold their “social power in their pocket” or “in the shape of a thing” (Marx, 1973, p. 157), in fact it is they who are beholden to it, or under its sway: they are “ruled by abstractions” (their own social relations which have become abstracted from them – i.e. alienated from them) (1973, p. 164). The alienation of social power goes hand in hand with an ontological inversion characteristic of the money form of value: money is transformed from means of exchange to a relation of power which subjugates individuals; a social relation alienated such that
it becomes autonomous, self-standing, and an end in itself.

These objective relations between workers results in their exploitation–but such exploitation is not visible–unlike earlier kinds of society. From Meghnad Desai (1974), Marxian Economic Theory, page 16: 

The contradiction between the juridically free status of the labourer and his exploitation is the original contradiction of capitalism. It is original since it appears at the origin in capitalism. In  no other society does exploitation take the value form [objective form of the relations between producers] since in no society does it have to be masked from visible relationships.

Class relations are hidden by relations of exchange, or relations of buying and selling commodities. Desai, page 23: 

The difference lies not in the characterization of the productive process, similar for all schools of
economics, but in the process of buying and selling labour power,  which lies at the beginning of the productive process and leads to appropriation of surplus value by one class. Throughout all the participants perceive only legitimate exchange relations and not unequal relations of class and
exploitation.

Exploitation is hardly evident in a class society characterized by capitalist relations of production, distribution, exchange and consumption. Quite to the contrary. The capitalist process of exploitation appears in the form of its opposite. From Desai, page 55: 

In Neoclassical economic theory, preferences and technology are the structural relations which explain the observed pricequantity data. Marx would reject these Neoclassical relations as not
penetrating beneath the surface of exchange relationships to the relations of production and the forces of production. But Marx went further than this. He also emphasised that the observed reality was the inverse or mirror image of the true social relationship. Thus, exchange shows equality where the true relationships are of exploitation. In this sense, observed reality is upside down, and empirical data unless approached within a value theoretic framework would lead to conclusions which will contradict the predictions of the value theory.

Exchange relations appear as what they are–formal relations of equality between buyer and seller. No one threatens through the use of physical violence for workers to work for a particular employer. This formal exchange relation, however, conflicts with the exploitation and oppression of workers when they are working.

In addition to exchange relations hiding the real nature of exploitation, distribution relations also hide the nature of exploitation. Although I have tried to calculate the rate of exploitation of specific workers working for specific employers (see for example The Rate of Exploitation of Workers at Magna International Inc., One of the Largest Private Employers in Toronto, Part One), the amount of surplus value or profit particular employers receive need not and indeed rarely coincides with the surplus value that their workers produce. The amount of surplus value (s) or profit employers receive is mediated through the distribution of the surplus value produced according to the rule of equal rates of profit for equal amount of total capital invested (for an example of this complicating issue, see my response to a comment made by Biswadip Dasgupta on my post  The Rate of Exploitation of Workers at Air Canada, One of the Largest Private Employers in Canada). As Desai remarks, page 56: 

The role of price mechanism and exchange in Marx’ s theory is to mask surplus value and make it appear legitimate as profit. The profit of anyone particular firm, industry or Department does not equal the surplus value produced by it. … The link between profits and surplus value becomes complex and in fighting against exploitation workers cannot fight against their own industry’s owners in isolation; they have to fight the whole system.

What workers face immediately, however, is a particular employer so that the fight has its point of departure there but has class exploitation as its background and supposition.

Given the nature of capitalist reality, exploitation is hardly evident to workers. An ideological struggle is thus necessary to expose such a reality–but Gindin obviously considers such struggle to be secondary to the magic of “organization.” As I wrote in another post: 

Mr. Gindin fails to see the need to combine a specific kind of organization with ideological struggle. To be sure, without organization workers cannot gain power, but workers will unlikely gain power without engaging in organization and ideological struggle simultaneously. Mr. Gindin minimizes the importance of ideological struggle and exaggerates the importance of mere changes in organizational struggles (such as Ms. McAlevey’s innovations in organizing). Both are required simultaneously, and that means engaging in an ideological battle with the traditional left. Mr. Gindin, however, indulges the social-democratic left and panders to them by avoiding an ideological struggle. Any organization that emerges as a consequence will unlikely be more than an organization that accepts the power of employers as a class.

Gindin ignores the specific nature of exploitation in a capitalist society–its hidden nature. 

Or is Gindin referring to some union reps being aware of exploitation, such as Wayne Dealy (executive director of CUPE local 3902) or Tracy McMaster (union steward, former president of the Greater Toronto Area Council, to which are affiliated 35 local unions of the Ontario Public Service Employees Union (OPSEU)), and former vice president of the Ontario Public Service Employees Union (OPSEU)? 

Perhaps Dealy plays lip service to the existence of exploitation (although I have never seen any evidence of this), but does he take such exploitation into account when formulating a plan of action? There is no evidence that he does so. Let Gindin provide evidence to the contrary. 

As for Tracy McMaster–“Our Tracy,” as Gindin once called her–her views are linked to Dealy’s response to her email sent to those on the listserve of the Toronto Labour Committee: 

Hello all,
 
Sean,  It was great hearing you on CBC this morning talking about   TAWC!  In case you haven’t heard, our neighbours the Molson’s   workers from Local 325 CUBGE are on the picket line. Representing  airport & airline workers I spoke at their Solidarity BBQ last week   at the International Drive/Carlingview entrance. They are in a tough battle with a huge corporate (and American) giant in Coors and could  really use our support. Please boycott Molsons products for the  duration of the strike, and feel free to drop by the picket line  -honking support is also welcome! The workers just want a fair deal, good jobs, pension security and fair benefits [my emphases] but the employer won’t even bargain.  I hope you all   will join me in showing solidarity with the brewery workers from   Local 325! 
 
In solidarity,

 

Tracy
Since I wanted to open up debate on such an issue, I responded thus: 
Hello everyone,
 
 
I would like to respond to Tracy’s reference to a “fair deal” and  “good job.”
 
These workers do certainly deserve to be supported in various   ways–it is a question of solidarity.
 
However, I do hear often enough such terms by those who support  unions. I too support unions, but the use of such terms needs to be  debated.
 
Having worked in a brewery for about four years, I do have some  experience in the area. I fail to see how what workers at a brewery  do is considered to be a good job. They are used as means to obtain  
more money for investors. Is being used to obtain more money for investors something to be proud of?
 
Would a parent sincerely want her or his child to be used to obtain   more money for others? To be treated as a means to that end?
 
Yes, brewery workers may receive higher wages than some, and they  may receive benefits as well (if they fight for them through  organizing themselves). However, is this adequate compensation for  
being treated, ultimately, as things to be used by investors and  their representatives in order to obtain more money? Do we not   deserve better–much better?
 
But let us assume that these workers have whatever is called a good  job and are not used by others (a cooperative could be such a  situation where workers have more control over their immediate  working lives). Firstly, what of the other workers in other  industries, or those who work in the public sector?Are their lives  not a means for obtaining a profit (the private sector), or for  realizing the mission of the particular public sector (without much  control over their own working lives). Even on the assumption that a particular group of workers have somehow a “good” job involves other  workers lacking control over their working lives. Such a situation  contradicts the principle of solidarity among workers,does it not?
 
Unless of course there is a growing movement for all workers to  control their working lives–which involves the conscious intent to  do so and the practical effort to realize such a goal.
 
The same logic applies to a “fair” deal.
 
What is meant by a “good job,” a “decent job,” or a “fair deal?”
 

Fred

Dealy responded thus: 
Is this meant to be a serious intervention or are you taking the piss?
 
 
Wayne G. Dealy
Ph.D. Candidate
Department of Political Science
University of Toronto
My response: 
It is meant to be a serious intervention. If Wayne Dealy has  something against the intervention–apart from emotional venting and insults-he is welcome to debate the issue.
 
Social democrats, unionists and others who consider themselves to be progressive often refer to good or decent jobs and fair contracts  (deals). This is an assumption that is rarely questioned. Indeed,  the tone of Wayne’s response is indicative of the lack of real  concern over the issue of the power of employers as a class in  relation to employees as a class. In other words, Wayne’s response  itself shows just how much the issue needs to be debated. That topic will start to be addressed at the next Toronto Labour Committee on  March 9, from 7:00-9:00 at 31 Wellesley.
 
Fred Harris, Ph. D., philosophy of education, former brewery worker
By the way, the topic was never addressed by the Toronto Labour Committee at the date and time indicated–and never while I was a member of that organization. 
 
Dealy’s response: 

wayne.dealy@utoronto.ca

Deepest apologies. Those fourteen words have been buried deep inside me for years and they could no longer be contained. I regret that you suffered so for their ill-timed appearance.
 
Apologies too for not showing more gratitude for the fact that you deigned to use Tracy’s call for picket-line support to explain to us in plain language how wage labour is exploitative. Sam, David, Tracy et al, I hope you all were taking notes. All of us on this list are obviously and sorely in need of simple explanations of such things; fortunately Fred is here to fill that void.
 
On a more personal note, thanks to your second intervention, my consciousness has been raised even further: I now see the problem all along was my “lack of real concern over the issue of the power of
employers as a class in relation to employees as a class”.
 
And the fact that you were able to suss me out from my fourteen ill-chosen words? Mind. Blown.
 
Thanks again, truly, for sharing your insights. This group is extremely fortunate to have a Promethean figure like yourself who so selflessly kept the ember of class analysis alive so that it could be shared with all us sinners.
 
Wayne.
 
p.s. If I had wanted to insult you I would have called you a condescending prick
Gindin’s intervention involves his cavalier dismissal in the quote above of my concerns, beginning with: “Debating whether a job is ‘decent‘ is a misdirection.”
 
Further evidence that McMaster does not take exploitation and oppression seriously is one of her emails, a response to an email I sent, part of which is reproduced below: 

On Feb 2, 2018, at 4:32 PM, Frederick Harris <arbeit67@hotmail.com> wrote:

The idea that 20,000 new members have been organized as part of a collective-bargaining unit is certainly better than not belonging to a collective-bargaining unit. One has to wonder, though, what Jane McAlevey would think about such an accomplishment. Is it the old model of a union engaging in collective bargaining while the membership grieve mainly through legal means (the grievance procedure) and, otherwise, remain passive? Is it the model where at best 2,000 of those members attend union meetings (probably substantially less, if the number who attended UNITE HERE Local 75 meetings is any indication)? Where union really means an objectified social structure that fails to really unify the workers against management on a day-to-day basis?

Of course, since there are no details provided about what organizing 20,000 part-time workers actually means for the lives of these 20,000 workers, it is difficult to determine how significant this is.

What is needed, instead of merely citing numbers (purely quantitative considerations), is an opening into a qualitative debate and conversation about the goals of the labour movement and of the union movement and their relation to the power of employers as a class–unless of course we already have fairness, economic justice and fair contracts–in the best of all possible worlds.

Fred

McMaster responded as follows: 

Tracy MacMaster
Fri 2018-02-02 7:33 PM
 
Hi Fred,
I don’t normally repsond to your emails, but I feel compelled.  20,000 workers, who for 50 years had almost no protections in the workplace, since they were excluded from many of the most basic protections of the Employment Standards Act, will now have a voice in the workplace.  The potential to improve their material circumstances, as well as their health – precarious workers are at greater risk for negative health outcomes, due to uncertainty, and of course poverty – gives me hope.
 
Having worked alongside numerous activists on this project for the past 13 years, I can only express delight that they finally have come this far.  Collective bargaining is limited and imperfect, but a fuck-ton better than none [my emphasis]. I hope you can attend the meeting to hear what’s going on with them, particularly in the context of the pressure being put on their employer through the recent faculty strike. Theory is a marvelous thing, but we need to acknowledge concrete gains and losses if we have any hope of affecting change.
 
In solidarity,
Tracy
In the first place, I had already recognized that collective bargaining that results in a collective bargaining is better than no collective agreement. In the second place, her claim that “collective bargaining is limited and imperfect” sounds like more union rhetoric. If it is limited and imperfect, in what way? If so, what is McMaster doing about it? The reference to “limited and imperfect” is union rhetoric that hides any real consideration of such limits and imperfections and taking them to heart. The only way to convince Ms. McMaster, as far as I can see, is to–agree with her. She idealizes collective bargaining and fails to address its limitations.
 
I sincerely doubt that McMaster takes seriously the limitations and imperfections of collective bargaining. If there is such evidence, others should provide us. If she did, she would have discussed such limitations and imperfections as well as what needs to be done to overcome such limitations and imperfections. She merely pays lip service to such limitations and imperfections. In practice, she operates entirely in terms of collective bargaining.
 
Gindin’s claim that “Everyone pretty much knows, I think, that workers are exploited even if their conditions improve” rings hollow both at the level of working class in general and at the level of so-called trade-union activists. 

The fourth “challenge/test” also seems to be radical: 

4. Union Transformation

Carrying out the above projects is not just a matter of adding certain functions to unions. To deal with them seriously is to recognize that what is at stake is transforming our unions. Truly addressing all of the above means changing union structures and priorities, how unions allocate their funds, the role of the staff, the leadership’s relationship to their members, the unions’ approach to bargaining, and its orientation to ‘politics’.

Given Gindin’s position in point three above (unless he has changed his position in the meantime), his call for transforming unions is insufficient. When faced with a challenge by me of a typical union position, he defended the union position and criticized my position without a thought. His meaning of what union transformation involves and what I mean are obviously quite different. 

Furthermore, in Gindin’s article, he implies above that going out on strike 

It is true that there were some hints of a reawakening within the labour movement. OPSEU’s (Ontario Public Sector Union) college strike.

How was the college strike an indication “of a reawakening within the labour movement?” Gindin fails to explain how this was so. Going out on stike as a means to obtain a collective agreement has formed part of the union scene even during the Second World War and has formed a part of that scence during the post-War settlement. That strikes have decreased in frequency does not mean that a resurgence in strikes questions the premises of the class power of employers in any way. It may just be a tactic to obtain a better collective agreement. 

How is this change to arise if not through criticism? Through open debate? I withdrew from the Toronto Labour Committee and started this blog in large part because of the lack of open debate in the Toronto Labour Committee over issues that I consider important. I fail to see how Gindin’s position has changed in the meantime. Perhaps he can enlighten his readers on this point. 

The only change that Gindin seems to propose concretely is to follow Jane McAlevey’s model of organizing. He fails to address how the macro issue of the class power of employes is to be addressed (McAlevey fails to address it). He nowhere takes into account how the nature of capitalist economic, political, legal and ideological relations hide the nature of exploitation and oppression. He also fails to address the issue of how unions are to be transformed when they persistently define the limits of their actions in terms of collective bargaining. Even McAlevey repeatedly refers to “good contracts”–as if there were such a thing. 

Fifth challenge: Politics

5. Politics

The problems workers face go beyond any workplace, union, or sector. And at some point we need to clearly address why things are the way they are: Why do inequalities keep rising? Why is there unemployment and why is there inflation? Why do we have a looming environmental crisis? Politics is not so much about good policies as about building the social base so we have the power to see those policies implemented. At the centre of building such a base is the making of a working class with the understandings, coherence, individual and collective capacities, and confidence to make change. At this moment in time, the over-riding political question is how we to organize ourselves so as to build that kind of working class. The Ontario CUPE education workers gave us a glimpse of what is needed and what is possible. Will the labour movement in Canada build on this? There is much more to be done. •

Note Gindin’s focus here: increasing inequalities, unemployment, inflation, the environmental crisis. All of these are real enough and of concern for workers, but there is also the daily politics of subordinating billions of workers’ lives and wills to the power of employers. No mention of exploitation here. I guess we never really need to make exploitation an essential aspect of any critical approach to class politics. 

Gindin seems also to asusme that what is needed is to develop the social power of workers–so that they can push through policies that the state will then implement–why else refer to “have the power to see those policies implemented”? Who does the implementing of policies is vital. It is crucial that workers not only “have the power to see those policies implemented” but that they have the power to implement them as well and to oversee such implementation–the democratisation of the state through the abolition of its hierarchical, separate and objective nature (see the post The CUPE Education Workers Strike: A Lesson on the Nature of the Public Sector for an elaboration of this)–in effect abolishing the nature of the state as an oppressive feature in our lives and self-government through an a great expansion of who is elected (administrators and judgeds would themselves be elected) and a great expansion of control over those elected through the right to recall elected officials–real accountability, not the pseudo-accountability of the present neoliberal state. 

Conclusion

On the positive side,  he rightly emphasizes the unique nature of the situation–especially Ford’s use of the notwithstanding clause. Gindin also emphasizes the need for deep organizing as suggested by Jane McAlevey–and how the education workers used that principle to organize their own strike. In addition, he correctly assesses the probable desire of union leaders to return to the status quo of “free collective bargaining” as soon as possible. Furthermore, Gindin also usefully refers to the need to consider tactical considerations (and public support) when emphasizing certain bargaining demands, Finally, he justifiably indicates that the education workers did make some gains

,  -but . He certainly does not really engage with the issue of how working for an employer is oppressive and exploitative nor how collective-bargaining and collective agreements cannot adequately address this common situation of workers

There are nontheless many problems with Gindin’s analysis. Gindin’s approach clings to caution, caution and more caution. His underestimation of the uniqueness of the situation to unify the union movement not only in Ontario but also in Canada leads him, in part to be overly cautious. This cautious attitude is reinforced by his underestimation of the probable level of public support for the striking workers. He also downplays the probabe real fear that Ford experienced of a possible general strike.

Despite his recognition of the need to fashion bargaining demands that take into account likely public reaction (especially in the public sector) while making inroads in management rights, he does not consider the larger qualitative issue of the adequacy of the social services provided in the public sector (such as the adequacy of the grading system to meet the learning needs of students). 

Gindin leaves open the impact of the education workers’ strike on the union and labour movement. My assessment is that there will be little impact of what occurred on the larger labour movement. Gindin ignores both the specific hidden nature of exploitation and the co-optive capacity of the modern capitalist state. 

Organizing will continue on the same basis, and “free collective bargaining” will continue to be idealized. Even deep organizing will fail to address the wider class issues. So too will coordination within the public sector unless it addresses the exploitative and oppressive nature of the employment relaitonship and the inadequacies of “free collective bargaining.” 

Gindin’s call for making class central sounds radical, but his understanding of class does not come to grips with the specific nature of capitalist exploitation and oppression. Given the nature of class exploitation and oppression in modern capitalism, his call for union transformation, accordingly, has a hollow ring to it since he fails to address the economic, political and ideological obstacles to such a transformation. Similarly, his call for class politics sounds radical, but he apparently conceives the modern government, with its hierarchy and anti-democratic executive structure, to be the vehicle for the realization of the social power of the working class. Class politics, however, also needs to involve a radical breaking down of the hierarchy through the expansion of the election of administrators and judges and the closer control of them by workers and the general public. 

Now that the opportunity for a general strike or at least a more unified union and labour movement–along with advanced in the repeal of repressive Bills (such as Bill 124) through workers’ own initiative rather than through the courts–has been lost, what will Gindin do? Probably continue to engage in his slow, social-reformist approach that will not serve the interests of the working class as a whole. 

All in all, Gindin’s article, like Rosenfeld’s article, expresses conservative radicalism or radical coservativism.

 

May Day 2022 in Toronto, Ontario, Canada: More Rhetoric from a Union Rep: The Case of the President of the Ontario Public Services Employee Union (OPSEU), J.P. Hornick, Part Two: Do Corrections Officers Protect Us?

Introduction

In my previous post in this two-part series, I showed that J.P. Hornick, the relevatively new president of the Ontario Public Services Employees Union (OPSEU) holds social-reformist or social-democratic views. I showed that she used the social-reformist and euphemistic phrases, such as “fair contract” and “good jobs”–which the management rights clause contradicts.

I thought it appropriate to post the second part of the series now because Ms. Hornick appears to be a militant union leader who defends the rights of workers. She does indeed defend the rights of workers–to bargain collectively–but not their right to be free of exploitation and oppression (see Solidarity with Union Members–and an Occasion for Discussing the Limitations of Collective Bargaining: The Ontario Ford Government’s Legislation to Force CUPE Education Workers to Abandon Their Strike).

Further evidence of her reformist views is her praise of the work of correction officers–whom she believes “keep us safe” in some fashion.

From https://opseu.org/news/honouring-our-corrections-members-this-week-and-every-week/153542/  , dated May 3, 2022:

Honouring our Corrections members this week – and every week

Corrections Division logo (keys crossed)

It’s Correctional Services Staff Recognition Week, and we feel privileged to lead a union that represents thousands of these dedicated professionals.

OPSEU/SEFPO members include correctional officers, probation and parole officers, Nurses and Social workers, recreation and administrative staff. They put their lives at risk every day to keep Ontarians safe.

We were honoured to attend the Correctional Services Ceremony of Remembrance on Tuesday at the Ontario legislature, a tribute to Corrections workers who have died on the job. [my emphasis]

Our members care deeply about their communities, and it does not stop at the end of the workday.   OPSEU/SEFPO’s members created a Corrections Cares campaign recently, where they have raised money and collected food for community support groups.

OPSEU/SEFPO has for years warned of a crisis in the Corrections system. Understaffing and crumbling infrastructure have put the health and safety of both inmates and staff at risk.

In addition to the day-to-day challenges of working in Corrections, our members have had to contend with COVID-19. Some of our members have contracted COVID more than once during the pandemic.

Thanks to our union’s efforts, progress has been made, but so much more remains to be done. Most institutions continue to house far more inmates than they were ever designed to hold. The proportion of Correctional Officers to offender population continues to pose serious risks, leading to overwork, stress and burnout.  Probation and Parole are constantly having to juggle higher caseloads with inadequate staff.

As the Correctional Bargaining Unit is in the midst of negotiating a new collective agreement, we again demand that the government repeal Bill 124 [which “generally limits annual salary increases to one per cent for many parts of the public sector in the province” of Ontario]. Corrections is an inherently hazardous occupation. Working conditions are among the worst imaginable. If we wish to attract and retain correctional workers, they must be paid commensurately with the exceptional risks they take every single day on the job. [my emphasis] 

OPSEU/SEFPO will back its Corrections members at every step of the way with every possible professional and financial support. We are determined to ensure get the kind of contract that properly reflects their professionalism, integrity and contributions.

During Correctional Services Staff Recognition Week, OPSEU/SEFPO joins every Ontarian in thanking Corrections workers for their courageous and selfless work to keep us safe [my emphasis]

In solidarity,

JP Hornick, OPSEU/SEFPO President
Laurie Nancekivell, OPSEU/SEFPO First Vice-President/Treasurer

This evident defense of corrections officers (prison guards) is interesting. Why the emphasis on corrections officers and not, say, on nurses (another profession which OPSEU represents)?

Questionable Assumptions

False Assumption 1: Unions Have the Power to Force Employers to Act Safely

Perhaps Ms. Hornick could provide research that substantiates that corrections officers’ work is much more dangerous than most workplaces. It may be the case, but  suassumptions should be looked at in relation to the issue of the health and safety of workers (and of citizens, immigrants and migrant workers). Thus, she wrote a message (dated April 27, 2022) for the April 28 Canadian National Day of Mourning of those who have died or been injured at work (https://opseu.org/news/day-of-mourning-2022-opseu-sefpo-remembers-lives-lost/153063/):

Day of Mourning 2022: OPSEU/SEFPO remembers lives lost

April 27, 2022 – 11:33 am
Notice
Awareness Days, Health and safety
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Workplace health and safety is one of the fundamental reasons unions exist, so that every worker feels safe and protected while doing their jobs. On this Day of Mourning, we remember those who were killed on the job because of workplace incidents, and we also stand in solidarity with those who have been injured due to workplace hazards.

Day of Mourning is observed annually on April 28. This day also commemorates the United Nations’ World Day for Safety and Health at Work, marked to highlight the importance of accident and disease prevention at work and to foster strong Occupational Health and Safety workplace cultures.

The COVID-19 pandemic has exacerbated workplace health and safety hazards in Ontario and around the world. It has increased the stress of our members working on the frontlines of the pandemic. They’ve faced increased risks and it has taken a mental and emotional toll.

OPSEU/SEFPO stands with our allies to honour those who were killed as well as those injured on the job. We must continue to work together to make sure Occupational Health and Safety legislation and workplace policies are strengthened and enforced. As safety risks increase, employers must work with us to ensure that the necessary protections keep pace.

We will continue to keep health and safety a top priority in every conversation with employers and the government, because all workers deserve to feel safe in their workplaces and return to their loved ones when the work day is done.

Find Day of Mourning events across Ontario that you can take part in.

In solidarity,

JP Hornick, OPSEU/SEFPO President

Laurie Nancekivell, OPSEU/SEFPO First Vice-President/Treasurer

This is typical union rhetoric. Should workers not ask whether “Occupational Health and Safety legislation and workplace policies” actually provide protection–aka safety? Unions undoubtedly have provided some protection from death, injury and disease, but their power to do so should not be exaggerated.

Let me quote a union rep in relation to health and safety as quoted from Steven Bittle’s doctoral dissertation, Still Dying for a Living: Shaping Corporate Criminal Liability After the Westray Mine Disaster. The quote is in the context of legislation to make it a criminal offence for corporations to harm workers (ultimately diluted, of course). Page 202:

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

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

Ms. Hornick simply engages in union rhetoric and does not address the fact, as the union rep above admits, that workers–whether unionized or not–have limited say over their own health and safety.Working for an employer is often dangerous and leads to injury–and sometimes death.

How is the work of corrections officers any different in this respect? Let Ms. Hornick provide concrete statistics to substantiate her assumption that corrections officers are subject to “the exceptional risks they take every single day on the job.” I doubt that she has looked at any such statistics. She assumes, without question, that correcions officers’ lives are more subject to risks” (why else use the adjective “exceptional”)? Such is the nature of the rhetoric of leaders of unions these days.

Interlude: The Prison System and the Property System in Which We Live

Let us look at the prison system, briefly. Obviously there is some truth in the function of prisons as protective; there are people who are violent and would probably do harm to others if they were not controlled in some way (Trump comes to mind). However, to appreciate the nature of prisons, it is necessary to link them up to the kind of society in which we live.

Most people in Canada and in many other countries need to work for an employer in order to obtain money. Some people–like me–do not want to work for an employer since, among other reasons, they find having to do so to be in effect a denial of our freedom to choose; in effect, having to work for an employer is a dictatorship (see for example Employers as Dictators, Part One). Being treated as a means for other person’s ends (see The Money Circuit of Capital) is hardly an expression of freedom; rather, it is an expression of a dicatorship.

For some of those people who find working for an employer to be disgusting, it would seem preferable to seek alternative means of obtaining money and hence an alternative means to live. Many legitimate alternative means to live have been gradually eliminated, leaving the need to engage in the exchange process with an employer as the primary means by which to obtain the means to live.

Exchange involves mutual recognition of the right of the other to own the property that is offered for exchange. In other words, it excludes direct coercion to obtain what one needs. You must have something to offer the other party that that party to the exchange relation wants  if you are to obtain what the other party owns.

Here is where the police, law, the courts, prisons and of course corrections officers enter the picture. In general, a system of general exchange has two forms of law to deal with breaches of exchange: civil law and criminal law.

Civil law deals with any breach of the exchange relation (or contract), and it usually applies to breaches between individual parties to a contract. A typical example these days is the credit card. Let us say that you use the credit card to purchase food at a grocery store. By using the credit card, you have implicitly agreed to pay the company that issued the credit card money after a certain time. If you fail to do so, the company can take you to civil court, and if proven, the court can force you to pay the company (unless you declare bankruptcy–which is another issue). You, legally, freely entered into an implicit contract with the company, and by breaching the contract, the civil court is forcing you to hold up your end of the bargain. The issue is a particular breach of contract between you and the company; you have not breached the general structure of exchange relations and the principles on which they are based.

Criminal law and criminal courts and crimes, on the other hand, deal generally with breaches of the general structure and the principles of exchange, which includes but is not limited to the employer-employee relation. This general structure and principles of exchange constitute the basic conditions for the class power of employers, the economic dependence of workers on employers and economic coercion since it is in and through exchange that workers are exploited and oppressed. (Undoubtedly, the distinction between civil law and criminal law is more complicated than this, but this initial distinction is useful for outlining the essential functions of police and corrections officers as defenders of exploitative and oppressive relations.)

The criminal system thus protects a property system that results in the exploitation and oppression of workers. That some people may become violent in such a system in order to achieve their ends, of course, then involves a demand, not only by employers but also by workers, of some form of protection from such violence. However, since the violence perpetrated by the class structure (such as the killing and injury of workers on the job) is not generally addressed by such a system, the police, the courts, the prison system–and correction officers– do not effectiely protect workers, citizens, immigrants and migrant workers from the dangers they face in such a society.

Prisons do not protect workers, citizens, immigrants and migrant workers from such violence. Do they, however, protect us from violent criminals?

Let us first look at the issue of whether prisons protect us from the dangers characteristic of a society dominated by a property system that protects the property of a class of employers.

False Assumption 2: The Legal System Protects Us Against the Dangers That We Face in Our Lives

Ms. Hornick’s rhetoric of corrections officers ‘keeping us safe” flies in the face of the real dangers that we face–real dangers that arise from a system driven by the class power of employers which, ultimately, is for the pursuit of profit. From Harry Glasbeek (2018), Capitalism: A Crime Story:

Law’s different definition of risk in non-capitalist
spheres

Welfare in terms of what people need to be safe and healthy plays no special role, certainly not a central role, in the normal practices of capitalism. If the central goal of production was not profit but the satisfaction of needs rather than wants, that is, if it was to meet people’s essential necessities rather than their desires (inbred or stimulated), the business plan of producers (even if still private) would be quite different. Some of the principal needs to be satisfied by the productive activity would
be the health and safety of the workers, of their communities, and of their physical and cultural environments. The balance between risk-creation and outcome would be totally different than it is under capitalism. There would still be injuries and harms, but they would be different both in kind and
number: the rate and kinds of “accidents” and “spills” would be totally different

Workplace and environmental injuries, diseases and deaths are linked to the class power of employers and the pursuit of profit, but they are not considered “violent crimes.” From Glasbeek:

She [Lisa Heinzerling, a writer on ethics and environmental law] notes the extent of some of the actual harms caused by ethical inattention and records that unchecked, uncalculated, but
checkable and calculable, impacts of for-profit activities, such as mining, mean that “fine particulates in the ambient air kill tens of thousands of people every year in the United States alone … 26% increase in premature deaths are attributed to fine-particulate air pollution … [and that] widely used chemicals such as vinyl chloride pose risks of lethal cancers and other diseases … greenhouse gases [also have grave impacts on health and welfare].”86

There are many similar data that strongly suggest that not taking precautions when there is a practically foreseeable certainty that harm will ensue inflicts a lot of injuries and environmental and other ills on society. Take, for instance, a summary compiled by David Whyte of the U.K. reports on the incidence of health and safety harms. His overview led him to conclude that

managements are responsible—and are legally liable—for the majority of deaths caused by working … we can say with little doubt that the minority of deaths caused by working can be regarded purely as “misfortunes” or “accidents” which were not avoidable … the majority of deaths at work do not result from “out of control” or haphazard circumstances, but are the result of decisions or non-decisions that could … be traced to the authors of those decisions. [emphases added by Glasbeek]

The infliction of potentially foreseeable deaths and harms short of death by routinely exercised inattention,87 by failures to act as the ethics and morality espoused by an idealized liberal society dictate, is commonplace in capitalism.

Worldwide, the actual harm characteristic of a society dominated by a class of employers undoubtedly remains one of the hidden facts which Ms. Hornick simply ignores. From Glasbeek:

Unlike fighters or hockey or football players, who all run a very similar risk of being the injured party as a result of the violence of their interaction, this is markedly not the case when the risks to workers,
consumers, communities, and the environment are created by capitalists and their corporations. Among the two million deaths, 270 million injuries, and 160 million occupational related diseases inflicted per annum worldwide, a miniscule number are suffered by employers. Of the millions of people adversely affected by pollution arising from profit-maximizing activities, the overwhelming majority are not profit-maximizers. Rather, they are people who cannot live on top of the hills, away from the prevailing winds, in wooded lands, or more pointedly, they are people who live in the
economically impoverished parts of the globe; they are non-capitalists and, among them, the poorest are likely to suffer the most.97 In capitalism, the risk of harm does not constitute an equal opportunity terrain. The riskcreators are not the risk-takers. In capitalism everything is upside-down. The point being belaboured is that, even when regulated capitalists search for profits within the boundaries set by regulations, their conduct is criminal in nature as they are allowed to continue to inflict harms on non-consenting individuals. Capitalism’s legitimacy should always be in issue.

What is the situation in Canada? As I pointed out in another post:

More than 1000 employees die every year in Canada on the job, and about 630,000 are injured every year (Bob Barnetson, 2010, The Political Economy of Workplace Injury in Canada. Edmonton: Athabasca University Press, p. 2). The same year as the publication of that work saw 554 homicides (Tina Mahonny, 2011, Homicide in Canada, 2010. Ottawa: Statistics Canada, p. 1) —the number of employee deaths at work under the power of employers was around double the number of murders.

Murders are the focus of the social media and the criminal legal system. Inquiries into murders do occur, and some are very thorough. On the other hand, inquiries into the extent to which the pursuit of profit played a major role in the death of employees (or the extent to which the undemocratic nature of work of public-sector employers) are lacking. There is an implicit assumption that such deaths are acceptable and the cost of living in the modern world. Should not those concerned with social justice query such an assumption? Is there much discussion concerning the facts? Or is there silence over such facts?

But Hornick does not call into question capitalism’s legitimacy. Rather, through her rhetoric, clichés or abstract slogans of “fair contracts” (see my previous post in this series, May Day 2022 in Toronto, Ontario, Canada: The Case of the President of the Ontario Public Services Employee Union (OPSEU), J.P. Hornick, Part One: A Fair Contract)  and corrections officers ‘keeping us safe,” she herself contributes to the legitimacy of capitalism. And this from a so-called radical union leader.

False Assumption 3: Prisons Provide Major Protection for Workers, Citizens, Immigrants and Migrant Workers From Violent Crimes

Let us now look at the other question: Whether prisons protect us from violent crimes?

Not much, if at all.

I will use several quotations with brief commentaries by me from Jeremy Reiman’s and Paul Leighton’s book, The Rich Get Richer and the Poor Get Prison: Ideology, Class, and Criminal Justice (2017) to show what I mean.

From Jeremy Reiman’s and Paul Leighton’s book, pages 40-41:

The Brennan Center concluded that during the 1990s, incarceration had no effect (zero percent) on violent crime and reduced property crime by six percent; from 2000 to 2013, incarceration had no effect (zero percent) on violent crime and reduced property crime by 0.2 percent.79

The models from seven high-quality studies, when updated with new data for subsequent years, showed that between 2000 and 2013 incarceration caused between a four percent decline to a one percent increase in violent crime. This is consistent with the findings of the National Academy of Sciences panel on incarceration, which found that “mandatory minimum sentence and three-strike laws have little or no effect on crime rates,” and with respect to the effect of the overall increase in incarceration, “the evidence suggests it was unlikely to have been large.”80 This distinguished panel of criminologists noted further: “The evidence reviewed in this report reveals that the costs of today’s unprecedented rate of incarceration, particularly the long prison sentences imposed under recent sentencing laws, outweigh the observable benefits.”

The imprisonment binge had only a modest effect on crime rates because American jurisdictions have   always been highly likely to imprison violent offenders, so the increase in incarceration swept up more people with less significant criminal propensities. Incarcerating people who are less dangerous means there is less of
an impact on public safety. Indeed, a substantial number of those admitted to prison were people who had their parole revoked for technical reasons, not because they were charged with or convicted of a new crime.

False (Hidden) Assumption 4: Prisons Protect Us Without Discrimination

Correction officers do not just protect us from those who have committed violent crimes; They disproportionately “protect” us from poor male indigenous youth. Although the following claim would have to be modified by referring to other characteristics–such as being Aboriginal–it probably applies for the most part to the situation in Canada. From Reiman and Leighton, pages 82-83:

This was the Typical Criminal in 1974, but little has changed since. Let us look more closely at the face in today’s criminal justice mirror, and we shall see much the same Typical Criminal.

The person is, first of all, a he. Of 8.8 million persons arrested for crimes in 2014, 73 percent were males. Of persons arrested for violent crimes, 80 percent were men. Second, he is young. More than one-third (36 percent) of men arrested for all crimes were under the age of 25, and the same is true of violent crimes (37 percent). Third, he is predominantly urban.19 Fourth, he is disproportionately black: In 2014, with blacks representing 13 percent of the nation’s population, they made up 38 percent of violent crime arrests and 28 percent of all crime arrests.20 Finally, he is poor. Almost one-third (29 percent) of 2002 jail inmates were unemployed (without full- or part-time work) prior to being arrested, an unemployment rate considerably higher than that of adults in the general population.21 A 2004 study, updated to include inflation through 2014, found that the pre-arrest income of incarcerated males was 41 percent less than comparably aged nonincarcerated men. As the President’s Commission on Law Enforcement and Administration of Justice reported in 1967, “The offender at the end of the road in prison is likely to be a member of the lowest social and economic groups in the country.”

This is the Typical Criminal feared by most law-abiding Americans. Poor, young, urban,
(disproportionately) black males make up the core of the enemy forces in the crime war. They are seen as a menace, threatening the lives, limbs, and possessions of the law-abiding members of society, necessitating recourse to the ultimate weapons of force and detention in our common defense. This picture is widely shared.

In Canada (from  https://pressprogress.ca/canadas-prairie-provinces-are-failing-to-address-systemic-racism-in-the-criminal-justice-system-experts-say/#:~:text=Manitoba%20and%20Saskatchewan%20also%20have,Manitoba%20and%2076%25%20in%20Saskatchewan.), dated July 14, 2021:

Yet the number of Indigenous people incarcerated in federal prisons has been steadily rising — Indigenous people currently make up 30% of federal inmates despite making up only 5% of the general population in Canada

The class bias of the legal system against the lower layers of the working class  can also be seen in the length of sentences of those who obtain less income or who are unemployed. From Reiman and Leighton, pages 140-141:

Research on adult offenders consistently finds economic discrimination. D’Alessio and Stolzenberg’s study of a random sample of 2,760 Florida offenders found that poor offenders received longer sentences for violent crimes, such as manslaughter, and for morals offenses, such as narcotics possession.100 A study of individuals convicted of drunk driving found that increased education (an indicator of higher economic status) “increase[d] the rate of movement from case filing to probation and decrease[d] the rate of movement to prison.”101

Chiricos and Bales found that, for individuals guilty of similar offenses and with similar prior records,
unemployed defendants were more than twice as likely as their employed counterparts to be incarcerated if found guilty.102 McCarthy noted a similar link between unemployment and greater likelihood of incarceration.103 In his study of 28,315 Southern felony defendants, Champion also found that offenders who could afford private counsel had a greater likelihood of probation and received shorter sentences when incarceration was imposed.104 A study of the effects of implementing Minnesota’s determinate sentencing program shows that socioeconomic bias is “more subtle, but no less real” than before the new program.105

Tillman and Pontell examined the sentences received by individuals convicted of Medicaid-provider fraud in California. Because such offenders normally have no prior arrests and are charged with grand theft, their sentences were compared with the sentences of other offenders convicted of grand theft who also had no prior records. While 37.7 percent of the Medicaid defrauders were sentenced to some jail or prison time, 79.2 percent of the others convicted of grand theft were sentenced to jail or prison. This was so even though the median dollar loss due to the Medicaid frauds was $13,000, more than 10 times the median loss due to the other grand thefts ($1,149). The authors point out that most of the Medicaid defrauders were health professionals, while most of the others convicted of grand theft had low-level jobs or were unemployed. They conclude that “differences in the sentences imposed on the two samples are indeed the result of the different social statuses of their members.”106

Data on racial discrimination in sentencing tell the same story of the treatment of those who cannot afford  the going price of justice. A study of 9,690 males who entered Florida prisons in 1992 and 1993, and who were legally eligible for stricter sentencing under the habitual offender statute, shows that for similar prior records and seriousness of crime, race had a “significant and substantial” effect: Black defendants were particularly disadvantaged “for drug offenses and for property crimes.”107 Based on a total of 40 recent studies of both federal and state data, Spohn concludes that “Black and Hispanic offenders—particularly those who are young, male, or unemployed—are more likely than their white counterparts to be sentenced to prison; they also may receive longer sentences than similarly situated white offenders.”108 The National Academy of Sciences panel on incarceration finds that the racial “disparities are enormous,” not only with incarceration but also capital punishment and life sentences.

Ms. Hornick’s acceptance of the rhetoric that corrections officers mainly “keep us safe” hides the reality of an oppressive racist and classist legal system.

Indeed, as already pointed out above, Hornick plays into the stereotypical view of corrections officers as ‘keeping us safe,” since the real threats that we typically face in the real world are swept under the rug. From Reiman & Leighton,  pages 90-91:

This last point is important. It indicates that we have a mental image not only of the Typical Criminal but also of the Typical Crime. If the Typical Criminal is a young, lower-class male, the Typical Crime is one-on-one harm—where “harm” means physical injury, loss of something valuable, or both. Certainly this is the Typical Crime portrayed on any random sample of police or private-eye shows on television.

Moreover, the media portray violent crime way out of proportion to its occurrence in the real world. One in-depth study of local and cable news found that 30 percent of all stories on news programs were about crime, and half of those were about murder.33 In contrast, murder makes up about 14,000 of the 9.4 million crimes reported to the police.34 Further, popular police TV programs do not show the policing of consumer fraud, environmental pollution, financial crimes, or unsafe workplaces. When Law & Order detectives track down a well-heeled criminal, it is for a one-on-one harm, usually murder.

Notice, then, that TV crime shows focus on the crimes typically committed by poor people, but they do not present these as only committed by poor people. Rather than contradict the Pyrrhic defeat theory, this combination confirms it in a powerful way. The result of this combination is that TV crime shows broadcast a double-edged message: (1) that the one-on-one crimes of the poor are the typical crimes that rich and poor criminals alike commit—thus, they are not caused uniquely by the pressures of poverty; and (2) that the criminal justice system pursues both rich and poor criminals—thus, when the criminal justice system happens mainly to pounce on the poor in real life, it is not from any class bias. By overrepresenting violent, one-on-one crimes, television confirms the commonsense view that these are the crimes that threaten us. Since, in the real world those crimes are disproportionately committed by poor people, the image that it is the poor who pose the greatest danger to law-abiding Americans is projected for all to see.

It is important to identify this model of the Typical Crime because it functions like a set of blinders. It
keeps us from calling an industrial “disaster” a massacre even if 14 men were killed and even if someone is responsible for the unsafe conditions in which they worked and died. One study of newspaper reporting of a food-processing plant fire, in which 25 workers were killed and criminal charges were ultimately brought, concludes that “the newspapers showed little consciousness that corporate violence might be seen as a crime.”35 More recently, the Washington Post reported that the Peanut Corporation of America “knowingly shipped out contaminated peanut butter 12 times in the past two years.” The company’s salmonella-tainted peanuts were linked to 9 deaths and over 700 cases of illness, many requiring hospitalization.36 Media covered the recall of more than four thousand peanut-based products but made no mention of “mass murder” or even “crime,” although federal law makes it a felony to intentionally place adulterated food into commerce. A press conference, at which the victims called for criminal charges, received no attention from mainstream media.37 This is due to our fixation on the model of the Typical Crime. This particular piece of mental furniture so blocks our view that it keeps us from using the criminal justice system to protect ourselves from the greatest
threats to our bodies and possessions.

What keeps an industrial “disaster” from being a mass murder in our eyes is that it is not a one-on-one
harm where the desire of someone (or someones) is to harm someone (or someones) else. An attack by a gang on one or more persons or an attack by one individual on several still fits the one-on-one harm model of interpersonal violence. Once he selects his victim, the rapist, the mugger, or the murderer all want that person to suffer. A executive, on the other hand, does not want his employees to be harmed. He would truly prefer that there be no accident and no injured or dead workers. What he does want is something legitimate. It is what he has been hired to get: maximum profits at minimum costs. If he cuts corners to save a buck, he is just doing his job. If ten men die because he cut corners on safety, we may think him crude or callous but not a murderer. He is, at most, responsible for indirect harm not one-on-one harm. For this, he may even be criminally indictable for violating safety regulations but not for murder. The men are dead as an unwanted consequence of his (perhaps overzealous or under-cautious) pursuit of a legitimate goal. So, unlike the Typical Criminal, he has not committed the Typical Crime and therefore should not be a target of the criminal justice system—or so we generally believe. As a result, men are dead who might be alive now if cutting corners of the kind that leads to loss of life, whether specifically aimed at or not, were treated as murder.

This is our point. Because we accept the belief—encouraged by our politicians’ statements about crime and by the media’s portrayal of crime—that the model for crime is one person specifically and directly trying to harm another, we accept a legal system that leaves us unprotected against much greater dangers to our lives and well-being than those threatened by the Typical Criminal.

This focus on “individual crime” as opposed to the actions of institutions that harm us diverts us from focusing on those institutions and the economic, political and social structures that support them. From Reiman and Leighton pages 177-178:

Any criminal justice system like ours conveys a subtle yet powerful message in support of established
institutions. It does this for two interconnected reasons. First, it concentrates on individual wrongdoers. This means that it diverts our attention away from our institutions, away from consideration of whether our institutions themselves are wrong or unjust or indeed “criminal.”

Second, the criminal law is put forth as the minimum neutral ground rules for any social living. We are taught that no society can exist without rules against theft and violence, and thus the criminal law seems to be politically neutral: the minimum requirements for any society, the minimum obligations that any individual owes his or her fellows to make social life of any decent sort possible. Because the criminal law protects the established institutions (the prevailing economic arrangements are protected by laws against theft, and so on), attacks on those established institutions become equivalent to violations of the minimum requirements for any social life at all. In effect, the criminal law enshrines the established institutions as equivalent to the minimum requirements for any decent social existence—and it brands the individual who attacks those institutions as one who has declared war on all organized society and who must, therefore, be met with the weapons of war. Let us look more closely at this process.

What is the effect of focusing on individual guilt? Not only does this divert our attention from the possible evils in our institutions, but it also puts forth half the problem of justice as if it were the whole problem. To focus on individual guilt is to ask whether the individual citizen has fulfilled his or her obligations to his or her fellow citizens. It is to look away from the issue of whether the fellow citizens have fulfilled their obligations to him or her. To look only at individual responsibility is to look away from social responsibility. Writing about her stint as a “story analyst” for a prime-time TV “real crime” show based on videotapes of actual police busts, Debra Seagal describes the way focus on individual criminals deflects attention away from the social context of crime and how television reproduces this effect in millions of homes daily:

By the time our 9 million viewers flip on their tubes, we’ve reduced fifty or sixty hours of mundane and compromising video into short, action-packed segments of tantalizing, crack-filled, dope-dealing, junkiebusting cop culture. How easily we downplay the pathos of the suspect; how cleverly we breeze past the complexities that cast doubt on the very system that has produced the criminal activity in the first place

Seagal’s description illustrates as well how a television program that shows nothing but videos of actual events can distort reality by selecting and recombining pieces of real events.

A study of 69 TV crime dramas finds that fictional presentations of homicide focus on individual
motivations and ignore social conditions: “Television crime dramas portray these events as specific
psychological episodes in the characters’ lives and little, if any, effort is made to connect them to basic social institutions or the nature of society within which they occur.”15 (Criminology, too, focuses on why individuals break the law, and the study of neighborhoods, cities, and larger regions is “the road not taken.”16)

To look only at individual criminality is to close one’s eyes to social injustice and to close one’s ears to the question of whether our social institutions have exploited or violated the individual. Criminologists James Unnever and Shaun Gabbidon in their important book A Theory of African American Offending link black criminality with a “long history of public dishonor and ritualized humiliation”—including by the criminal justice system—due to racism.17 As a result, African Americans are less likely to have respect for the law and weaker bonds with conventional institutions. Focusing only on individual responsibility obscures the contribution of racism to African American criminality.

Justice is a two-way street—but criminal justice is a one-way street. Individuals owe obligations to their fellow citizens because their fellow citizens owe obligations to them. Criminal justice focuses on the first and looks away from the second. Thus, by focusing on individual responsibility for crime, the criminal justice system effectively acquits the existing social order of any charge of injustice!

This is an extremely important bit of ideological alchemy. It stems from the fact that the same act can be criminal or not, unjust or just, depending on the circumstances in which it takes place. Killing someone is ordinarily a crime, but if it is in self-defense or to stop a deadly crime, it is not. Taking property by force is usually a crime, but if the taking is retrieving what has been stolen, then no crime has been committed. Robin Hood’s thefts from the rich to give to the poor are seen as heroic and just even though the legal system run by the rich declared him a criminal. Further, acts of violence are ordinarily crimes, but if the violence is provoked by the threat of violence or by oppressive conditions, then, like the Boston Tea Party,18 what might ordinarily be called criminal (even terrorist) is celebrated as just.

This means that when we call an act a crime, we are also making an implicit judgment about the conditions in response to which it takes place. When we call an act a crime, we are saying that the conditions in which it occurs are not themselves criminal or deadly or oppressive or so unjust as to make an extreme response reasonable or justified or noncriminal. This means that when the system holds an individual responsible for a crime, it implicitly conveys the message that the social conditions in which the crime occurred are not responsible for the crime, that they are not so unjust as to make a violent response to them excusable.

Although we definitely need to take into account the social context within which society has been or not been responsible towards the individuals who commit crimes, we should also take into account that characterizing them as pure victims is one sided. To be a pure victim of society takes away the capacity and responsibility of individuals to make decisions towards their own social situation and towards others. Thomas Mathiesen (1980) calls the view that those who suffer from societal oppression and exploitation the symptom theory. The opposite theory, which attributes responsibility purely to individual activity, he calls action theory. From  Law, Society and Political Action Towards a Strategy under Late Capitalism, pages 243-244:

… it is also true that the ‘action theory’ which Hollie presents (the expression is mine, as a counterpart to ‘symptom theory’), leads, if that theory remains alone, to a one-sided reform-oriented policy out of touch with the fundamental conditions which necessitate the use of drugs for an increasing number of
people. While Hollie is right in emphasizing that the symptom theory alone is politically pacifying, the action theory alone is obstructive to the political perspective. The action theory is necessary for the mobilization to struggle, the symptom theory (or a refinement of the symptom theory) is necessary for the understanding of the forces one struggles against; neither of the theories is sufficient in itself; both are necessary because both contain elements which together comprise a total truth. Again the combination is implemented this way: the information which a given political action provides about the system which the action opposes is captured and made into common knowledge through continual discussion, so that a continually larger number become more and more alert to the deeper
premises of the system.

Both the victimization of individuals by the class system and the need for individuals to take responsibility for their actions are required–as are discussions of how individual actions against the class system affect that system.

Mathiesen’s distinction between symptom theory and action theory is useful since it addresses the problem of whether social structures completely determine our actions, or whether individuals can be agents of their own actions and change their social circumstances or conditions:

From Mathiesen, page 246:

The insurmountability of the structural barriers presupposes (i.e. has as a necessary and sufficient condition) precisely the political demoralization and passivity which follows from the perspective of
domination if it reigns alone. In other words, the insurmountability of the structural barriers presupposes a phenomenology, on the part of the suppressed with potential power, which emphasizes the futility of opposition. This phenomenology is itself generated by the domination perspective, if it prevails alone. The compelling imperatives of domination, the insurmountable boundaries of the structure, are, on the contrary, in principle able to be abolished if the main condition for domination—the political passivity, the phenomenology of futility—is abolished in those who are suppressed and also have potential power. In society a series of consciousness-producing agencies are established, the function of which is precisely to maintain the ‘domination perspective’ as a single perspective among the suppressed. Thus the surmountability of domination, which exists in principle, is prevented from being materialized.

This does not mean, if we return to the economic level of the mode of production, that the individual capitalist may act very differently from normal if he wishes to survive. Neither does it mean that the individual worker may act very differently if he wishes to survive. For both, individually, the structural barriers constitute insurmouhtable boundaries for action: the capitalist must accumulate
in order to survive; the worker must sell his labour in order to survive. It does tnean, however, that the workers collectively may break the barriers of the structure. In principle and in the end the workers can, if they stand entirely united and ict in unison—nationally and internationally— with one stroke abolish the earlier insurmountable and structural barriers.

It should be sufficient from the above that Hornick deals with rhetoric, cliches or abstract slogans by claiming that correction officers “keep us safe.”

Not only does Hornick, by claiming that corrections officers “keep us safe,” assume that those who are in prison are the real threat to our lives, but she assumes that she (like her fellow former trade-union bureaucrat, Herman Rosenfeld, who refers to the police protecting us from murder and theft  (see Reform versus Abolition of Police, Part Two),there is some homeogenous “we” (direct object form “us” in her “keep us safe”) that are being kept safe by corrections officers (and others, like the police).This is another myth and cliché. From Reiman and Leighton, page 173:

Households with annual income below the poverty level were victims of violent crimes at a rate nearly twice that for high-income households. Indeed, as Table 4.1 shows, rates of victimization by all categories of “common” crime are substantially higher for the poorest segment of the population and drop dramatically as we ascend the economic ladder.

The difference in the rates of property-crime victimization between rich and poor understates the difference in the harms that result. The poor are far less likely than the affluent to have insurance against theft, and because they have little to start with, what they lose to theft takes a much deeper bite out of their ability to meet their basic needs. Needless to add, the various noncriminal harms documented in Chapter 2 (occupational hazards, pollution, poverty, and so on) also fall more harshly on workers and those at the bottom of society than on those at the top.

What is Hornick’s situation? Would she face the same probability of experiencing a crime, violent or non-violent, when compared with the lower levels of the working class? As a professor at the School of Labour, in 1921, she received $116,957.02 + $74.25 in benefits, for a total of $117,031.27 (https://www.sunshineliststats.com/Salary/jphornick/2021/9/?employer=georgebrowncollegeofappliedartsandtechnology&f=1).  Hornick is much less likely to experience crime, however defined, than the lower echelons of the working class. Her reference to the work of corrections officers who “keep US safe,” hides how the legal system is both bias against the lower layers of the working class and their personal actions when compared to the impersonal but violent actions of employers and against the greater likelihood of being incarcerated.

False (Hidden) Assumption 5: Implicit Connection Between the So-Called Exceptional Risks Taken by Corrections Officers and the Risks Taken by Police Officers

When we look at the OPSEU webpage for the event “Corrections Ceremony of Remembrance”  ( https://opseu.org/event/2022-corrections-ceremony-of-remembrance/#:~:text=The%202022%20Corrections%20Ceremony%20of,Park%20Cres%20E%2C%20Toronto%20ON.), we read the following:

2022 Corrections Ceremony of Remembrance

Corrections Bargaining Unit logo
Tuesday, May 3, 2022
12:00 PM to 1:00 PM

The 2022 Corrections Ceremony of Remembrance, which honours Correctional workers who died in the line of duty, takes place May 3 at 12 noon at Queen’s Park.

The ceremony takes place beside the Ontario Police Memorial Park, at  23 Queen’s Park Cres E, Toronto ON.  Queen’s Park Circle. It is just to the east of the legislative buildings.

It is instructive to note that the place of the memorial for corrections officers who have died at work is “beside the Ontario Police Memorial Park.” This is hardly a coincidence. The memorial for murdered correction officers is obviously meant to be closely tied to murdered police officers. Toronto Police Service

We read the following (http://Ontario Police Memorial – Toronto, Ontario, Canada):

Ontario Police Memorial – Toronto, Ontario, Canada


Ontario Police Memorial

Preserving the memory of fallen officers

The Ontario Police Memorial is dedicated to all of the brave police officers in Ontario’s history who have lost their lives in the line of duty.

The memorial is made up of a bronze statue of a male and female officer standing atop a large granite pedestal. The names of fallen officers are carved into a granite wall – the Wall of Honour – that stands on each side of the pedestal.

The words, “Heroes in Life, Not Death,” are carved on the memorial. This is to recognize that police officers risk their lives, every day, to protect people and neighbourhoods, and deserve the respect and gratitude of the citizens they serve [my emphasis]. The Ontario Police Memorial is in a small park at the corner of Queen’s Park Crescent and Grosvenor Street in Toronto.

Given the intent of making a close tie between murdered correction officers at work and murdered police officers at work, and given that the main function of the police is to maintain social order in an exploitative and oppressive society dominated by a class of employers (see Reform Versus Abolition of the Police, Part 8: The Police and the Political Economy of Capitalism), it is highly likely that the main function of correction officers is also to maintain social order in an exploitative and oppressive society–and not “to protect people and neighbourhoods,” After all, there is an obviously close connection between the power of the  police to arrest and the prison system.

Conclusion

Ms. Hornick’s political tendency is towards social reformism at best. She makes a number of false assumptions (more or less open) concerning the work of corrections officers and unions. Unions do not, generally, have the power to enforce health and safety on the job. The legal system does not protect us agains the major dangers that we face in our lives. Prisons do not provide us with protection against violent crimes. Prisons do not protect us from discriminatory practices against the lower-sections of the working class and Aboriginal and Afro-American peoples. Corrections officers no more than police protect us from many of the dangers that we face but rather protect a system that involves systemic exploitation and oppression.

My prediction is that Ms. Hornick, as leader of OPSEU, will be more militant than the former president Mr. Warren “Smokey” Thomas, but she will still be a typical union bureaucrat. Her belief in the collective-bargaining system as a system that produces “fair contracts” is typical of most Canadian union reps. Furthermore, her belief that corrections officers really “keep us safe,” although it contains a grain of truth, hides the reality of many unsafe environments for Canadian workers, citizens, immigrants and migrant workers.

Solidarity with Union Members–and an Occasion for Discussing the Limitations of Collective Bargaining: The Ontario Ford Government’s Legislation to Force CUPE Education Workers to Abandon Their Strike

The recent passing of legislation to force Ontario education workers to abandon a strike that they had not even yet started deserves to be opposed energetically. Ford, the Ontario premier, furthermore, justified the law practically by invoking the “notwithstanding” clause of the Canadian Charter of Rights. This clause involves the following:

The notwithstanding clause — or Section 33 of the Charter of Rights and Freedoms — gives provincial legislatures or Parliament the ability, through the passage of a law, to override certain portions of the charter for a five-year term. Effectively, it allows governments to pass pieces of legislation notwithstanding their potential violations of Charter rights.

The context of the legislation is the following: 

The law involving the notwithstanding clause came after Ontario’s Progressive Conservative government could not reach an agreement with the Canadian Union of Public Employees. The union has been seeking wage increases for the education workers, and indicated it would strike on Friday if an agreement was not met.

In response, Premier Doug Ford’s government pre-emptively passed a law that banned a strike, and set fines for violating the ban of up to $4,000 per employee per day — which could amount to $220 million for all 55,000 workers — and up to $500,000 per day for the union.

CUPE has said it will fight the fines, and that its job actions will continue indefinitely.

The Progressive Conservative government included the notwithstanding clause in its legislation, saying it intends to use it to guard against constitutional challenges to its strike ban. Ontario Education Minister Stephen Lecce justified its use by citing the need to keep students in school following a disruptive two-and-a-half years of learning due to the COVID-19 pandemic and its restrictions.

Now, let me state explicitly that CUPE workers deserve unequivocal support for their actions of striking despite the legislation. I, for example, went to the picket-line rally on Friday, November 4, held at the Ontario legislative buildings in support of the strikers. The number of supporters was impressive; solidarity was both evident and necessary in the face of such reactionary laws. 

However, should not the radical left, while supporting unequivocally the striking workers, use the occasion to open up discussions about the limitations of collective bargaining and collective agreements? Solidarity, yes, absolutely, but critical solidarity–not rubber-stampting solidarity–as if workers have no right to engage in criticism of what is being defended. 

Thus, at the rally, J.P. Hornick, president of the Ontario Public Services Employees Union (OPSEU), had this to say (https://www.youtube.com/watch?v=bPhQ_mo3h84&list=LL): 

Everyone from an equity-deserving group knows where this ends, and it’s not good for any of us. This is an attack on the very Constitution itself: our freedom of association, our freedom of expression. The reason that unions exist is to build worker power by allowing us to come together and bargain freely and fairly for better working conditions. Doug Ford might understand this, but he needs to know: When you punch down on a worker, you raise a movement.  

Yes, when a government tries to take away the limited power of the collective-bargaing process and the resulting collective agreement, we should indeed fight back. But we should not idealize this so-called free collective-bargaining and the resulting collective agreement. This is what Hornick does–as do many other trade-union leaders. As if the existence of a collective-bargaining process somehow magically transforms working for an employer into a free life. Collective bargaining and the resulting collective agreement limit the power of employers–but that is all. Look at a management rights clause to see what power management still has. Should it have such power? Does such power express the freedom of workers? 

I will not repeat criticisms of the collective-bargaining process and collective agreements–I have made such criticims of them in previous posts, including a relatively recent post criticiaing Hornick’s views (see May Day 2022 in Toronto, Ontario, Canada: The Case of the President of the Ontario Public Services Employee Union (OPSEU), J.P. Hornick, Part One: A Fair Contract). 

What is interesting is how the so-called radical left have merely called for support for the strikers without addressing critically the standard of “free collective bargaining.” Thus, the Socialist Project Steering Committee did not provide any criticial distancing concerning the adequacy of “free collective bargaining” in addressing workers’ continued exploitation and oppression by employers   (https://socialistproject.ca/2022/11/support-cupe-education-workers/).  It simply calls for support: 

They have received support from the Ontario Federation of Labour and a number of other unions, for a series of demonstrations, rallies and picketing. This is important and should be celebrated.

This though, is not enough. Successfully beating back Ford requires a response that must be built over time. Like the Ontario Days of Action in 1995 – a series of one day general strikes across the province, led by the OFL – there needs to be some form of wider strike action built over a relatively short period by other public and private sector unions. But this can’t happen by itself – it must be built.

How do we do this?

  • As individuals and socialists, first and foremost, engage in all forms of support for the CUPE strikers. Join the protests, pickets and demonstrations. Talk to family, friends, neighbours and organize their collective participation.
  • The provincial labour movement must create a collective strategy to build for and organize solidaristic strike actions, modelled on the one day general strikes of the Days of Action. But the infrastructure for this isn’t there yet. The union movement has to get itself into shape.
  • OFL affiliates, Unifor and other non-affiliated unions, led by education and healthcare unions should organize educational sessions for all of their locals, explaining why challenging Ford’s actions and plans are essential for our rights as workers, and why they need to engage in these actions. They should include training on how to talk with co-workers, neighbours, parents and family. During the Days of Action, many workers who supported Harris were won over to these actions by the educational work organized through the OFL and spearheaded by key affiliate unions.
  • Build similar educational campaigns in local communities of parents, students, healthcare workers, and families of patients and those in long term care facilities. Many parents are concerned about their kids’ education, but they are also aware of the cynical and cruel actions of the government. We have to win them over and engage them.

The labour and community networks need to come to the aid of the CUPE workers, and to keep the momentum going as it continues and what come after. This is not a battle that will end soon – regardless of what the government does in the next few days. Building against Ford and creating a fighting infrastructure of struggle and political understanding in the union movement, inspired by the CUPE fight will take longer, but it needs to happen.

The Socialist Project supports CUPE and all efforts to stand up to Ford and Lecce, and the economic interests behind them and the necessary and welcome campaigns to build further. •

Building towards solidarity is indeed needed–but to what end? “Free collective bargaining?” Or towards a socialist society–while also defending the freedom of workers to engage in collective bargaining? The Socialist Project Steering Committee does not even address the issue. Perhaps it believes that through such struggles, there will arise in the future a concern for challenging the limitations of collective bargaining and collective agreements. Such a future often never arrives since social reformists constantly push that issue to some vague future. When will the so-called left start questioning the sanctity of collective baragining and collective agreements (while simultaneously defending them as necessary defensive means in a prolonged struggle)? 

It is much better to unite the aim of creating a socialist society with the aim of defending the limited power that we do have while not idealizing that limited power and ascribing “freedom” to such limited power–and not wait for some distant future to count on the creation of a socialist society.

 

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

Introduction

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

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

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

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

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

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

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

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

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

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

Professor JP Hornick

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

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

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

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

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

Our Mission Statement

Our mission is to:

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

Working Principles

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

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

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

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

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

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

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

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

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

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

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

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

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

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

On the Line: College Faculty Strike Bulletin #4

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

“College faculty are taking a stand for a better college education system. We are ready, as we have been from the start, to bargain a fair contract that addresses the issues of good jobs and quality education.” JP Hornick, bargaining team chair. [my emphasis]

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

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

A further message indicates how the management side acted: 

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

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

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

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

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

But the Council rejected the offer.

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

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

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

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

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

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

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

Article 6
MANAGEMENT FUNCTIONS

6.01 It is the exclusive function of the Colleges to:

(i) maintain order, discipline and efficiency;

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

(iii) manage the College and, without restricting the generality of the foregoing, the right to plan, direct and control operations, facilities, programs, courses, systems and procedures, direct its personnel, determine complement, organization, methods and the number, location and classification of personnel required from time to time, the number and location of campuses and facilities, services to be performed, the scheduling of assignments and work, the extension, limitation, curtailment, or cessation of operations and all other rights and responsibilities not specifically modified elsewhere in this Agreement.

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

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

What of “good jobs?” 

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

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

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

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

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

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

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

As I wrote in the other post: 

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

Apolitical Intellectuals

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

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

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

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

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

On that day
the simple men will come.

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

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

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

A vulture of silence
will eat your gut.

Your own misery
will pick at your soul.

And you will be mute in your shame.”

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

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

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

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

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

2. On May 5, 2021, we read: 

Tweet

Conversation

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

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

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

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

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

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

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

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

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

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

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

In solidarity,

Your CAATA Bargaining Team

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

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

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

In solidarity,

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

Your CAAT-A Bargaining Team

I assume JP means J.P. Hornick.

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

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

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

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

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

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

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

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

JP Hornick Retweeted

OPSEU 231
 
@local231opseu

Thinking of our Union brothers and sisters with

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

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

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

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

Conclusion

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

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

The Rate of Exploitation of Workers at Magna International Inc., One of the Largest Private Employers in Toronto, Part Three, Updated, 2020

Introduction

In two others posts I presented the twenty largest employers in Toronto according to level of employment (see A Short List of the Largest Employers in Toronto, Ontario, Canada) and the twenty largest employers in Canada according to profit (see A Short List of the Largest Private Employers in Canada, According to Profit).

I have tried to calculate the rate of exploitation of workers of workers in several capitalist companies: Magna International, Bell Canada Enterprises (BCE), ScotiaBank (Bank of Nova Scotia), Bank of Montreal (BMO), Telus, Royal Bank of Canada (RBC), Suncor Energy, Toronto-Dominion Bank (TD Bank),Rogers Communications Inc., the Canadian Imperial Bank of Commerce (CIBC) and  Air Canada,  (see for example The Rate of Exploitation of Workers at Magna International Inc., One of the Largest Private Employers in Toronto, Part One).

I thought it might be useful to begin the comparison of rates of exploitation of the same capitalist employer for different years. Although this fails to capture the dynamic of capitalist relations of production and exchange (being two snapshots at different times), it may provide further insight into the nature of capitalist society.

The structure of the post is as follows:

  1. I outline the nature of the rate of exploitation
  2. I then provide “Conclusion first,”
    a. the 2020 rate of exploitation is indicated
    b. the 2020 rate of exploitation is compared with the 2019 rate and some possible explanations of the differences are provided
    c. a long quote of a discussion around tactics and strategies between Sam Gindin (former research director of the Canadian Autoworkers Union (CAW) (now Unifor) and me relating to  union ideology.
    d. Further brief criticisms of Mr. Gindin’s political position
    e. Consideration of an Integram Bargaining Report produced by Unifor Local 444 (Integram is a division of Magna International), dated November 8, 2020 in relation to Mr. Gindin’s views
  3. How I calculated the rate of exploitation (including adjustments) as well as a justification for interpreting the substantial decrease in the rate of exploitation in terms of “fixed costs.”
  4. The conclusions as stated in 2.

The Nature of the Rate of Exploitation

But what is the rate of exploitation? And why not use the usual rate of profit or the rate of return? The rate of profit is calculated as profit divided by investment. Since employers purchase both the means for work–buildings, computers, office supplies, raw material–and hire workers–we can classify investment into two categories: c, meaning constant capital, or the capital invested in commodities other than workers; and v, or variable capital, the capital invested in the hiring of workers for a certain period of time (wages, salaries and benefits).

The purpose of investment in a capitalist economy is to obtain more money (see The Money Circuit of Capital), and the additional money is surplus value when it is related to its source: workers working for more time than what they cost to produce themselves. The relation between surplus value and variable capital (or wages and salaries) is the rate of surplus value or the rate of exploitation, expressed as a ratio: s/v.

When the surplus is related to both c and v and expressed as a ratio, it is the rate of profit: s/(c+v).

In Marxian economics, you cannot simply use the economic classifications provided by employers and governments since such classifications often hide the nature of the social world in which we live. The rate of profit underestimates the rate of exploitation since the surplus value is related to total investment and not just to the workers. Furthermore, it makes the surplus value appear to derive from both constant capital and variable capital.

I decided to look at the annual report of some of the largest private companies in Toronto and Canada if they are available in order to calculate the rate of exploitation at a more micro level than aggregate rates of surplus value at the national or international level. Politically, this is necessary since social democrats here in Toronto (and undoubtedly elsewhere) vaguely may refer to exploitation–while simultaneously and contradictorily referring to “decent work” and “fair contracts.” Calculating even approximately the rate of exploitation at a more micro level thus has political relevance.

Conclusions First

As usual, I start with the conclusion in order to make readily accessible the results of the calculations for those who are more interested in the results than in how to obtain them.

The Rate of Exploitation

So, with the adjustments in place: s=1081; v=2,509. The rate of exploitation or the rate of surplus value=s/v=1081/2,509=43%.

I will first consider this rate in relation to the workers in 2020, and then compare this rate with the 2019 rate of exploitation.

That means that for every hour worked that produces her/his wage, a worker at Magna International works around an additional 26 minutes for free for Magna International. Alternatively, in terms of money, $1 of wage or salary of a regular Magna International worker produces around $0.43 (43 cents) surplus value or profit for free.

  1. In an 8-hour work day (480minutes), the worker produces her/his wage in 336 minutes (5 hours  36 minutes) and works 144 minutes (2 hours 24 minutes) for free for Magna International.
  2. In an 9-hour work day (540minutes), the worker produces her/his wage in 378 minutes (6  hours 18 minutes) and works 162 minutes (2 hours 42 minutes) for free for Magna International.
  3. In an 10-hour work day (600 minutes), the worker produces her/his wage in 420 minutes (7  hours) and works 180 minutes (3 hours) for free for Magna International.
  4. In an 12-hour work day (720 minutes), the worker produces her/his wage in 503 minutes (8  hours  23 minutes) and works 217 minutes (3 hours 37 minutes) for free for Magna International.

Comparison of the 2019 Rate of Exploitation with the 2020 Rate of Exploitation

2020: So, with the adjustments in place: s=1081; v=2,509. The rate of exploitation or the rate of surplus value=s/v=1081/2,509=43%.
2019: So, with the adjustments in place: s=2,258; v=2,862. The rate of exploitation or the rate of surplus value=s/v=2,258/2,862=79%.

The absolute decrease in s is substantial: 1,177, and the rate of decrease is 52% (1081-2,258)/2,258=-1,177/2,258).

By contrast, the absolute decrease in v is much less: 353, and the rate of decrease is (2509-2862)/=2509=-353/2862=12%.

The substantial decrease in the rate of exploitation is likely due to the treatment of workers as “fixed costs” as the pandemic forced employers to retain workers despite the relatively extra costs associated with it (partly offset by federal, provincial and municipal supports).

There may, of course, be other causes of the decrease in the rate of exploitation, such as problems pertaining to supply of inputs, but I will leave that issue aside.

It should be emphasized that the exploitation of workers pertains to the production of a surplus beyond the production of the value equivalent of their own costs of production. Even during the time the workers require to produce their wage, they are oppressed by employers since they are subject to the will of the employer (or her representatives) and to the control over their labour.

Political Considerations

The rapid decrease in the rate of exploitation of workers of Magna International with the onset of the pandemic will likely call for an opposite pressure to increase exploitation directly through intensification and an extension of the working day and changes in technology and organization of the production process. Pressures to increase tax breaks for such capitalist employers (and corresponding reduction in state expenditures for welfare measures) may also arise. Of course, some workers will not just lay down and accept such counter-pressures.

Why is it that workers have to put up with this situation? Should they not be organizing not only to resist exploitation and oppression and increased pressures related to those phenomena but also to abolish such pressures? Not according to the social-democratic or social-reformist left. Such organizational efforts, for them, are undoubtedly unrealistic. New structures are supposedly to arise without criticizing the old structures.

Thus, for social democrats like Sam Gindin (former research director for the Canadian Auto Workers (CAW) (now Unifor), challenging the ideology of “decent jobs or work,” “fair contract,” “fair collective agreement,” “fair deal,” “fair wages” and other abstract phrases (rhetoric) is relatively unimportant. New material structures more relevant to the lives and experiences of working people are somehow to arise without constantly challenging the existing social structures–and the corresponding ideology that justifies such structures.

Frankly, I doubt that such new material structures will arise without a persistent and constant challenging of the ideological rhetoric rampant among the left in general and unions in particular.

I will include a rather long quote from a previous post. It is a conversation between Sam Gindin (a self-claimed “leader” of radical workers here in Toronto despite his probable own explicit denial of such a title) and me:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Fred

I guess workers’ explicit consciousness of their own exploitation and oppression and their discussion of such experiences is to arise only after the emergence of “larger structures to fight through.” It is, however, likely that such “larger structures” will simply mimic the “narrower” structures if both are not criticized. How is the CLC (the Canadian Labour Congress)  substantially different from union structures in terms of challenging the class power of employers? Or is Mr. Gindin referring to the larger structures, such as the class power of employers?

My own experience with union reps has been that they assume the necessity and legitimacy of the class power of employers–and do not do anything to raise the issue of the legitimacy of the class power of employers, the exploitation of workers and their oppression among their own members; their aim is to improve the working conditions without questioning at all such class power, exploitation and oppression. I have been a union member, a union rep (union steward and member of a collective-bargaining committee), a member of the executive of a union and a rep for an Equity and Social Justice Committee. I have seen up close the assumptions and limitations and unions–and have tried to address such limitations when and where I could.

The false nature of Mr. Gindin’s political position stands out when he claims the following:

Which brings me back to the point that the problem is not [Wayne] Dealy [union director for the Canadian Union of Public Employees (CUPE) Local 3902] or Sean [Smith,  Unifor Local 2002 Co-Ordinator and Toronto Airport Workers Council (TAWC) activist”] or others but OUR Collective inability to provide them with an effective alternative politics…They can be criticized but only if we do so with humility and part of criticizing ourselves. [my emphasis] 

Is there evidence that Mr. Gindin criticizes his own views? Are union reps (and union members) really conscious of the exploitative and oppressive nature of the class power of employers as such? If so, what are they doing about it? I fail to see evidence of it. I also fail to see evidence of Mr. Gindin engaging in self-criticism. He implicitly assumes that he knows what workers need–and that is not an explicit and real consciousness of their exploitation and oppression–with or without unions, collective bargaining and collective agreements

Let us look at an Integram Bargaining Report produced by Unifor Local 444 (Integram is a division of Magna International), dated November 8, 2020 (see  https://d3n8a8pro7vhmx.cloudfront.net/uniforlocal444/pages/43/attachments/original/1604838387/Integram_Ratification_Bulletin.pdf?1604838387).

It contains such enlightening items as the following:

Our members are their most vital asset that sets the supplier bar in this industry and deserves proper compensation through pay and benefits that award them for their labour and aids the company in retaining their highly skilled workforce. [my emphasis]

I find this language both typical of union reps–and disturbing. As I pointed out above, it is likely that Magna International treated the workers as a “fixed cost” in order to retain them during the worst moments of the pandemic. However, to read a union rep write that Magna workers are “an asset” surely is both disturbing and in need of criticism. Should any human being be considered and treated as an “asset?” Consider any member of your family. Would you want them to be treated as “an asset?”

That they are “assets” is real enough–to be exploited by Magna International (and all other private companies)–but should we not be criticizing this? Is Mr. Gindin in any specific way? Apparently not–since radicals are supposed to only criticize such views in “material cents.” Perhaps Mr. Gindin can provide an example of this in his own concrete practice? I see no concrete examples of his recommendations–they are so vague.

Where is Mr. Gindin’s “humility?” Where is his “self-criticism?”

Let us continue with this Integram Bargaining Report:

deserves proper compensation through pay and benefits that award them for their labour

This is ideology frequently expressed by union reps. “Proper compensation” is a synonym for “fair wages” and, indirectly, a “fair contract.” The union rep clings to the appearance of workers selling their “labour” [labour is an activity that requires a material link between that labour and the means to be used–without those means, there is only a capacity for labour or labour-power. As Marx remarked, in Capital: A Critique of Political Economy, volume 1, page 277:

When we speak of capacity for labour, we do not speak of labour, any more than we
speak of digestion when we speak of capacity for digestion. As is well known, the latter process requires something more than a good stomach.

Workers lack the conditions for the realization of their capacity for labour–just as many in the world lack the conditions for the use of their digestive tract–they lack food. The Unifor union rep., by identifying labour with the commodity which the worker sells, simply ignores the difference between a capacity and the conditions for its exercise–and such neglect of the conditions is hardly in the interests of workers.

How workers sell “labour” that is already linked to the means of production owned by (Magna) Integram (and hence under the control of Integram is a mystery. Furthermore, by identifying compensation with labour, the exploitation of workers by Magna Integram is excluded, and the internal or necessary relation between the wage and the profit of Magna Integram becomes broken.

Does Mr. Gindin criticize this approach so typical of union reps? Not at all. Rather, he criticizes those who engage in such criticism. For him, radicals are to indulge such beliefs. After all, it is only “discourse” and has no “autonomy.” This dismissal of ideological struggles is itself arrogant and lacks humility. Mr. Gindin somehow knows what workers need without even considering in any detail how union reps aid to legitimate the existing class power of employers by constantly using such language.

Where has Wayne Dealy provided any criticism of collective agreements (not the particular provisions of collective agreements) publicly? Sean Smith? Frankly, I find it astounding that such arrogance displayed by Mr. Gindin in his assumption that we are not to engage in criticism of union reps’ views is paraded as “humility” and “self-criticism.”

Let us listen to what Mr. Gindin called “Our Tracy” (McMaster, a union steward for Local 561 of the Ontario Public Service Employees Union (OPSEU); who was also vice-president of the local union at one point):

Collective bargaining is limited and imperfect, but a fuck-ton better than none.

I have hardly denied that collective bargaining is better than none. I have belonged to several unions in my life, and I certainly would prefer to belong to a union when working for an employer than not belonging to one. However, I do not take seriously her claim that “Collective bargaining is limited and imperfect.” I see no evidence that Ms. McMaster takes such a view seriously. Where is the evidence that she has inquired into “the limitations and imperfections” of collective bargaining? Rather, for Ms. McMaster, collective bargaining provides an imperfect but ultimately fair contract.

Perhaps Mr. Gindin can provide evidence to the contrary it. I doubt that he will–or can.

Mr. Gindin’s tactics are as follows: Let us try to convince such union reps of our views. Frankly, I think such an effort is, for the most part, a waste of time. Of course, there are exceptions, and it is necessary to use one’s judgement under specific circumstances and in relation to specific union reps. However, my judgement was and is that it Ms. McMaster would never be really convinced of the “limitations and imperfections” of collective bargaining.

Rather than indulging such union reps, it is in the interests of workers to criticize them and to expose their lack of a critical approach to collective bargaining.

Let us continue to look at this Bargaining Report:

Your bargaining committee achieved Pay Raises, Benefits Improvements, Lowering the new higher grid, Buy-out packages, and Signing Bonus. A healthy contract that reflects a greater worth in our Integram members.

Such achievements, of course, are in the interests of the workers. But why call it a “healthy contract?” Apparently, this is a synonym for a “fair contract”–and I have shown that Canadian unions persistently use such language to justify both the collective-bargaining process and collective agreements (see, for example,   Fair Contracts (or Fair Collective Agreements): The Ideological Rhetoric of Canadian Unions, Part One: The Canadian Union of Public Employees (CUPE)  or Fair Contracts or Collective Agreements: The Ideological Rhetoric of Canadian Unions, Part Three: Unifor (Largest Private Union in Canada)). No collective agreement can express something legitimate–unless the necessary exploitation and oppression of workers by employers (including Magna Integram) is somehow legitimate.

In the Bargaining Report, there then follows a list of items that were obtained by the bargaining committee. Not one word of the “limited and imperfect” nature of the collective agreement or the collective-bargaining process. Not one word on the management rights clause, implicit or explicit in the collective agreement. Do not workers persistently experience the power of management in a variety of ways? Why the silence over such experiences? Does the collective agreement address such power? Or does it only address the limited areas defined by collective-bargaining legislation?

For Mr. Gindin, though, to question the “language” used by union reps, as well as the omission of any criticism of the limitations of collective bargaining and collective agreements, expresses merely “moralizing.”

I will leave Mr. Gindin with his fake humility and his fake self-criticism. I will continue to engage in “discourse analysis”–that is to say, with a criticism and exposure of the limited nature of unions, collective bargaining and collective agreements.

Data on Which the Calculation Is Based

The calculation of the rate of exploitation is undoubtedly imperfect, and I invite the reader to correct its gaps. Nonetheless, the lack of any attempt to determine the rate of exploitation at the city level has undoubtedly reinforced social-reformist tendencies.

Now, the calculation:

In millions US dollars:

Sales $32,647
Costs and expenses $31,641

Cost of goods sold 28,207

Material $19,750
Direct labour 2,498
Overhead 5,959

Depreciation and amortization 1,366
Selling, general & administrative 1,587
Interest expense, net 86
Equity income (189)
Other expense, net 584
Income from operations before income taxes $1,006

[28,207+1,366+1,587+86+584=31,830; 31,830+1006=32,836; 32,836-189=32,647]

Adjustments

As I indicated in the 2019 post, a couple of adjustments are necessary.

Adjustment on Cost Side of Direct Labour and Corresponding Adjustment of Income  from Operations Before Taxes

I wrote in the 2019 post:

On page 37 [of the 2019 annual report], there is a reference to pension benefits. I assume that this category belongs to “direct labour” since it forms part of the deferred wages of workers that is paid in the current year (but then again, it is unclear whether the category of direct labour includes this, but since it is subtracted from net income, this leads me to believe that it is not included in that category). This should be added to direct labour. Hence, direct labour would be: 2,815+47=2,862, “Costs and expenses” would be $37, 255 “Costs of goods sold”would be $34,069, and “Income from operations before taxes” should be adjusted downward accordingly.

Now the 2020 “Pension and post-retirement benefits” is  (11).

This US $11 million should be added to “Cost and Expenses,” “Direct labour” and subtracted from “Income from operations before taxes.” Accordingly:

Temporarily Adjusted Costs and Expenses: $31,652
Temporary Adjusted Costs of Goods Sold: $28,218
Adjusted Direct Labour Costs: $2,509
Temporarily Adjusted income from operations before income taxes: $995

Adjustment of income from operations before income taxes due to interest expense, net

Another adjustment relates to interest. As I indicated in my post about the 2019 rate of exploitation of workers at Magna International:

An adjustment should probably be the treatment of the payment of interest: despite being an expense from the point of view of the individual capitalist, it probably forms part of the surplus value. It should be added to “Income before income tax expense.”

Accordingly, it is necessary to add $86 “Interest expense, net” to “Income from operations before income taxes” and subtract it from “Cost and expenses.”

(“Equity income” is already subtracted from costs since it is not really a cost at all but rather income.)

Adjusted Cost and Expenses $31,566
Adjusted Direct Labour $2,509
Adjusted income from operations before income taxes $1081

The Rate of Exploitation

So, with the adjustments in place: s=1081; v=2,509. The rate of exploitation or the rate of surplus value=s/v=1081/2,509=43%.

I will first consider this rate in relation to the workers in 2020, and then compare this rate with the 2019 rate of exploitation.

That means that for every hour worked that produces her/his wage, a worker at Magna International works around an additional 26 minutes for free for Magna International. Alternatively, in terms of money, $1 of wage or salary of a regular Magna International worker produces around $0.43 (43 cents) surplus value or profit for free.

The following provides information about the length of the working day:

  1. There are 3 shifts. 9 hours a shift.
  2. Typical 8 – 12 hours per shift.
  3. 8-12 hrs, 7 days a week, with very last minute overtime mandating, and i mean literally as your punching out theyll tell you that you have to stay for another 4+ hours. No work life balance and management could care less because theyre at home on the weekends. Better positions come with 100% more stress, more responsibilities that others pass off cause they dont want to do it, 1000s of strings attached and literally no way to avoid getting screwed by them. Constant harassment and belittling by management and engineers and if you report it, youre facing constant retaliation and impending termination. If your not part of the HR posse or the “good ol’ boys club”, youre nothing but a rug for them to walk across. So, if you value your sanity, health and family, this is not a place to work.
  4. I have been there for 3 years until i quit and half of the plant is doing either 10 or 12 hours 7 days a week
  5. Article 17 (page 51) of the collective agreement between Magna International and Unifor Local 2009AP: Employees normally work an eight-hour day, five days per week

Accordingly:

  1. In an 8-hour work day (480minutes), the worker produces her/his wage in 336 minutes (5 hours  36 minutes) and works 144 minutes (2 hours 24 minutes) for free for Magna International.
  2. In an 9-hour work day (540minutes), the worker produces her/his wage in 378 minutes (6  hours 18 minutes) and works 162 minutes (2 hours 42 minutes) for free for Magna International.
  3. In an 10-hour work day (600 minutes), the worker produces her/his wage in 420 minutes (7  hours) and works 180 minutes (3 hours) for free for Magna International.
  4. In an 12-hour work day (720 minutes), the worker produces her/his wage in 503 minutes (8  hours  23 minutes) and works 217 minutes (3 hours 37 minutes) for free for Magna International.

Comparison of the 2019 Rate of Exploitation with the 2020 Rate of Exploitation

2020: So, with the adjustments in place: s=1081; v=2,509. The rate of exploitation or the rate of surplus value=s/v=1081/2,509=43%.
2019: So, with the adjustments in place: s=2,258; v=2,862. The rate of exploitation or the rate of surplus value=s/v=2,258/2,862=79%.

The absolute decrease in s is substantial: 1,177, and the rate of decrease is 52% (1081-2,258)/2,258=-1,177/2,258).

By contrast, the absolute decrease in v is much less: 353, and the rate of decrease is (2509-2862)/=2509=-353/2862=12%.

Factors or Determinants of the Rate of Exploitation and Its Changes

Normally, when there is a change in the rate of exploitation, whether positive or negative, we should look at the general factors that govern the production of surplus value.  In general, there are three ways of changing the rate of exploitation:

  1. changing the real wage (the absolute amount and variety of commodities consumed by workers);
  2. changing the absolute amount of surplus value produced either by
    1. changing the length of the working day intensity of labour or
    2. changing the intensity of labour length of the working day
  3. changing (in fact, increasing) the relative amount of surplus value produced, generally through new technology, thereby decreasing the value of the commodities produced that form the real wage consumed by workers (with a fixed or constant working day and a constant amount of commodities consumed by workers, but with less labour time required to produce them, the amount of labour time required to reproduce the workers’ wages is reduced and more labour time constitutes surplus value).

As Ben Fine  and Alfredo Saad-Filho (2016) describe the factors with a view to increasing the rate of exploitation by employers in their book Marx’s Capital, pages 36-37:

Assume, now, that real wages remain unchanged. The rate of exploitation can be increased
in two ways….

First, e [the rate of exploitation[ can be increased through what Marx calls the production of absolute surplus value. On the basis of existing methods of production – that is, with commodity values remaining the same – the simplest way to do this is through the extension of the working day. …

There are other ways of producing absolute surplus value. For example, if work becomes more intense during a given working day, more labour will be performed in the same period, and absolute surplus value will be produced. The same result can be achieved through making work continuous, without breaks even for rest and refreshment. The production of absolute surplus value is often a by-product of technical change, because the
introduction of new machines, such as conveyors and, later, robots in the production line, also allows for the reorganisation of the labour process. This offers an excuse for the elimination of breaks or ‘pores’ in the working day that are sources of inefficiency for
the capitalists and, simultaneously, leads to increased control over the labour process (as well as greater labour intensity) and higher profitability, independently of the value changes brought about by the new machinery.

The desired pace of work could also be obtained through a crudely applied discipline. There may be constant supervision by middle management and penalties, even dismissal, or rewards for harder work (i.e. producing more value).

The above are general conditions for the determination of the rate of exploitation and its changes. The specific change observed in the rate of exploitation of workers at Magna International are unlikely due to these general conditions. Rather, the decrease in the rate of exploitation in 2020 relative to 2019 is likely due to the specific economic conditions that accompanied the pandemic.

One Possible Explanation for the Substantial Decrease in the Rate of Exploitation

Part of the explanation for the  substantial decrease in the rate of exploitation was probably the treatment of workers at Magna International, in part, as “fixed costs.”

Initially, Magna International laid off many of “its” workers, but it also sought to retain them by paying them additional money beyond that flowing from the government initially through federal  unemployment insurance (although it may have also been a function of provisions in the collective agreement concerning layoffs).

Magna International did lay off around 2,000 workers in Ontario during the initial wave of COVID. From https://lfpress.com/business/local-business/magna-cuts-production-2000-local-staff-amid-fallout-from-covid-19:

Magna cuts production, 2,000 local staff amid fallout from COVID-19

Magna, one of the largest automotive employers in the London region, has laid off about 2,000 workers locally as the fallout from the COVID-19 pandemic sweeps through the manufacturing sector.

Article content

Magna, one of the largest automotive employers in the London region, has laid off about 2,000 workers locally as the fallout from the COVID-19 pandemic sweeps through the manufacturing sector.

The Canadian auto parts giant has closed its two St. Thomas plants, Presstran and Formet, employing a combined 1,500 to 2,000, as well as Qualtech in London, which employs about 275.

“Both Formet and Presstran will be temporarily suspending operations today . . . Qualtech will also temporarily suspend its operations,” read a statement from Scott Worden of Magna’s corporate communications department.

“Magna is committed to both the health and financial well-being of our employees. We will be providing additional payments to employees beyond the minimums provided under the federal Employment Insurance program.”

The closings are not unexpected, and may not last long, as the Detroit Three automakers, Toyota and Honda have all closed plants for up to two weeks across North America as a result of the coronavirus.

Presstran is a stamping plant and Formet supplies several different parts to many automakers, including truck frames to GM plants in the U.S. Qualtech supplies seating systems.

“Magna continues to closely monitor developments related to coronavirus (COVID-19) with a focus on the health and safety of our employees and our operations. In addition, we are in daily communication with our customers, many of which have recently announced partial or full temporary production suspensions at plants in Europe and North America,” read an additional statement from Tracy Fuerst, vice-president of corporate communications at Magna.

The automaker said it will continue to follow World Health Organization protocol on cleaning the workplace and limiting contact with between people.

“We continue to assess our operations on an individual basis and are beginning to temporarily suspend manufacturing operations at a number of our manufacturing divisions around the world . . . many of our facilities are expected to suspend operations with production status re-evaluated week to week,” said Fuerst.

Further evidence for treating Magna International workers as fixed costs comes from Annual Information Form, Magna International Inc., March 25, 2021, page A-17:

Despite inevitable temporary layoffs of employees in light of the suspension of production during the first half of 2020, we took a number of steps to minimize the impact felt by our employees, including: maintaining employee benefits coverages through the temporary layoff period; …

We also engaged emergency government support programs primarily for employees to maintain compensation levels and/or benefits for a certain period, where applicable. The countries in which Magna engaged such programs included Canada, the United States, the United Kingdom, Germany, Austria and China. These programs allowed participating employees to remain on our payroll while inactive or furloughed due to mandatory stay at home orders, with Magna receiving full or partial reimbursement for such inactive labour.

The view that workers were treated more as fixed costs (probably out of fear that Magna International would lose such workers to other employers if they were not treated as fixed costs) is supported by the relatively limited decrease in v when compared to s.

Treating workers as “fixed costs” under the conditions of the pandemic is understandable since workers are not linked politically or legally to particular employers; they can work for another employer (if they can find another employer who will hire them). See Do Workers Work for a Particular Employer or for the Class of Employers? Part One: A Limitation of Some Radical Left Critiques of Capitalist Relations of Production and Exchange (A.K.A. Capitalism) and  Do Workers Work for a Particular Employer or for the Class of Employers? Part Two: Critique of Unions and the Social-Reformist or Social-Democratic Left).

This treatment of workers as fixed costs (to retain them over the short term) and the resulting decrease in the rate of exploitation is consistent with abnormal conditions that capitalist employers generally try to avoid since, on the one hand, they own means of production (c) that fail to absorb surplus value and, hire relatively more workers (v) than can be exploited under given conditions. From Karl Marx, Capital: A Critique of Political Economy. Volume 2, The Process of , page 111:

The point is simply that under all circumstances the part of the money that is spent on means of production – the means of production bought in M-mp [money used to purchase means of production, such as computers and other machines, raw material, buildings and other produced commodities necessary for labour to be performed] means of production – must be sufficient, i.e. must be reckoned up from the start and be provided in appropriate proportions. To put it another way, the means of production must be sufficient in mass to absorb the mass of labour which is to be turned into products through them. If sufficient means of production are not present, then the surplus lahour which the purchaser has at his disposal cannot be made use of; his right, to dispose of it will lead to nothing. If more means of production are available than disposable labour, then these remain unsaturated with labour, and are not transformed into products.

In effect, in terms of the pandemic, Magna International purchased too much labour power (the capacity to use the means of production and to produce value–a capacity sold by workers) and too many means of production. Not all of the labour power purchased could be exploited, and not all the means of production owned by Magna International could absorb labour and hence surplus labour and surplus value.

There may, of course, be other causes of the decrease in the rate of exploitation, such as problems pertaining to supply of inputs, but I will leave that issue aside.

It should be emphasized that the exploitation of workers pertains to the production of a surplus beyond the production of the value equivalent of their own costs of production. Even during the time the workers require to produce their wage, they are oppressed by employers since they are subject to the will of the employer (or her representatives) and to the control over their labour.

Conclusion

The rapid decrease in the rate of exploitation of workers of Magna International with the onset of the pandemic is likely due to the temporary) overinvestment in the purchase of labour power relative to the inability of management to use the means of production to exploit the workers. This situation will likely now call for an opposite pressure to increase exploitation directly through intensification and an extension of the working day and changes in technology and organization of the production process. Pressures to increase tax breaks for such capitalist employers (and corresponding reduction in state expenditures for welfare measures) may also arise. Of course, some workers will not just lay down and accept such counter-pressures.

Why is it that workers have to put up with this situation? Should they not be organizing not only to resist exploitation and oppression and increased pressures related to those phenomena but also to abolish such pressures? Not according to the social-democratic or social-reformist left. Such organizational efforts, for them, are undoubtedly unrealistic. New structures are supposedly to arise without criticizing the old structures.

Thus, for social democrats like Sam Gindin (former research director for the Canadian Auto Workers (CAW) (now Unifor), challenging the ideology of “decent jobs or work,” “fair contract,” “fair collective agreement,” “fair deal,” “fair wages” and other abstract phrases (rhetoric) is relatively unimportant. New material structures more relevant to the lives and experiences of working people are somehow to arise without constantly challenging the existing social structures–and the corresponding ideology that justifies such structures.

Frankly, I doubt that such new material structures will arise without a persistent and constant challenging of the ideological rhetoric rampant among the left in general and unions in particular.

Where is there evidence that Mr. Gindin has contributed to the creation of material structures that question the fundamental economic, political and social structures characteristic of a society dominated by a class power of employers by indulging in the beliefs of union reps? Does the organization Green Jobs Oshawa, to which Mr. Gindin contributes, do so? Where is the evidence that it does?

What are Mr. Gindin’s fellow social democrats like Herman Rosenfeld (who worked in the education department of the Canadian Auto Workers (CAW) (now Unifor) doing to fight against the exploitation of workers and oppression of Magna workers? Mr. Rosenfeld wrote an article, criticizing the existence, practically, of a company union at Magna, CAW Local 88, comparing it to the independent union Unifor Local 2009 AP. The independent union is certainly preferable to a company union, but even an independent union at the local level of a particular employer in effect assumes the legitimacy of the power of employers as a class (see my criticism in the post    Do Workers Work for a Particular Employer or for the Class of Employers? Part Two: Critique of Unions and the Social-Reformist or Social-Democratic Left).

The false nature of Mr. Gindin’s political position stands out when he claims the following:

Which brings me back to the point that the problem is not [Wayne] Dealy [union director for the Canadian Union of Public Employees (CUPE) Local 3902] or Sean [Smith,  Unifor Local 2002 Co-Ordinator and Toronto Airport Workers Council (TAWC) activist”] or others but OUR Collective inability to provide them with an effective alternative politics…They can be criticized but only if we do so with humility and part of criticizing ourselves. [my emphasis] 

Is there evidence that Mr. Gindin criticizes his own views? Are union reps (and union members) really conscious of the exploitative and oppressive nature of the class power of employers as such? If so, what are they doing about it? I fail to see evidence of it.

I also fail to see evidence of Mr. Gindin engaging in self-criticism. He implicitly assumes that he knows what workers need–and that is not an explicit and real consciousness of their exploitation and oppression–with or without unions, collective bargaining and collective agreements.

:

.

For Mr. Gindin, though, to question the “language” used by union reps, as well as the omission of any criticism of the limitations of collective bargaining and collective agreements, expresses merely “moralizing.”

I will leave Mr. Gindin with his fake humility and his fake self-criticism. I will continue to engage in “discourse analysis”–that is to say, with a criticism and exposure of the limited nature of unions, collective bargaining and collective agreements.

.

The Rate of Exploitation of Workers at Bell Canada Enterprises (BCE), One of the Largest Private Employers in Toronto

Introduction

In two others posts I presented the twenty largest employers in Toronto according to level of employment (see A Short List of the Largest Employers in Toronto, Ontario, Canada) and the twenty largest employers in Canada according to profit (see A Short List of the Largest Private Employers in Canada, According to Profit).

I have tried to calculate the rate of exploitation of workers of Magna International in an earlier post (see The Rate of Exploitation of Workers at Magna International Inc., One of the Largest Private Employers in Toronto, Part One); Magna International is one of the largest employers in Toronto. I also calculated the rate of exploitation for Air Canada workers and the Canadian Imperial Bank of Commerce (CIBC) workers. 

The Nature of the Rate of Exploitation

But what is the rate of exploitation? And why not use the usual rate of profit or the rate of return? The rate of profit is calculated as profit divided by investment. Since employers purchase both the means for work–buildings, computers, office supplies, raw material–and hire workers–we can classify investment into two categories: c, meaning constant capital, or the capital invested in commodities other than workers; and v, or variable capital, the capital invested in the hiring of workers for a certain period of time (wages, salaries and benefits).

The purpose of investment in a capitalist economy is to obtain more money (see The Money Circuit of Capital), and the additional money is surplus value when it is related to its source: workers working for more time than what they cost to produce themselves. The relation between surplus value and variable capital (or wages and salaries) is the rate of surplus value or the rate of exploitation, expressed as a ratio: s/v.

When the surplus is related to both c and v and expressed as a ratio, it is the rate of profit: s/(c+v).

In Marxian economics, you cannot simply use the economic classifications provided by employers and governments since such classifications often hide the nature of the social world in which we live. The rate of profit underestimates the rate of exploitation since the surplus value is related to total investment and not just to the workers. Furthermore, it makes the surplus value appear to derive from both constant capital and variable capital.

I decided to look at the annual report of some of the largest private companies in Toronto and Canada if they are available in order to calculate the rate of exploitation at a more micro level than aggregate rates of surplus value at the national or international level. Politically, this is necessary since social democrats here in Toronto (and undoubtedly elsewhere) vaguely may refer to exploitation–while simultaneously and contradictorily referring to “decent work” and “fair contracts.” Calculating even approximately the rate of exploitation at a more micro level thus has political relevance.

Conclusions First

As usual, I start with the conclusion in order to make readily accessible the results of the calculations for those who are more interested in the results than in how to obtain them.

Adjusted Net Income: 5587.3=s
Adjusted Total labour Costs: 5611.7=v

The rate of exploitation or the rate of surplus value=s/v=5587.3/5611.7=100% (after rounding).

That means that for every hour worked that produces her/his wage, a worker at BCE works around an additional hour for free for BCE. Alternatively, in terms of money, $1 of wage or salary of a regular BCE worker produces around $1 surplus value or profit for free. 

In terms of varying lengths of the working day: 

  1. In a 7.5-hour work day (450 minutes), the worker produces her/his wage in 225 minutes (3 hours  45 minutes) and works 225 minutes (3 hours 45 minutes) for free for BCE.
  2. In an 8-hour work day (480 minutes), the worker producer her/his wage in 240 minutes (4 hours) and works 240 minutes (4 hours) for free for BCE.
  3. In a 10-hour work day (600 minutes), the worker producers her/his wage in 300 minutes (5 hours) and works 300 minutes (5 hours) for free for BCE.
  4. In a 12-hour work day (720 minutes), the worker produces her/his wage in 360 minutes (6 hours) and works 360 minutes (6 hours) for free for BCE.

Of course, during the time that the worker produces her/his own wage, s/he is subject to the power of management and hence is also unfree during that time (see The Rate of Exploitation of Magna International Inc., One of the Largest Private Employers in Toronto, Part Two, Or: Intensified Oppression and Exploitation and   Employers as Dictators, Part One).

Do you think that these facts contradict the talk by the left and unionists of “fair wages,” “fair contracts” (see  Fair Contracts (or Fair Collective Agreements): The Ideological Rhetoric of Canadian Unions, Part One for the rhetoric of the largest union in Canada, the Canadian Union of Public Employees (CUPE)) and “decent work?” Do they ignore the reality of life for workers, whether unionized or non-unionized? If exploitation and oppression of workers is a constant in their lives, even if they are only vaguely aware of it, should this situation not be frankly acknowledged by their representatives? Do such representatives do so? If not, why not?  Do workers deserve better than neglecting the social context within which they live and work? Should such problems be addressed head on rather than neglected? 

Even if workers were not exploited, they would still be oppressed since they are used as things (means) for purposes which they as a collectivity do not define (see The Money Circuit of Capital). Does that express something fair? Management rights clauses (implied or explicit in collective agreements give management as representative of employers–and as a minority–the power to dictate to workers what to do, when to do it, how to do it and so forth–and is not the imposition of the will of a minority over the majority a dictatorship? (See  Employers as Dictators, Part One). Is that fair? Do union reps ever explain how a collective agreement somehow expresses something fair? Is that fair?

Is the following an example of what union reps mean by a “fair contract?”

COLLECTIVE AGREEMENT
BETWEEN
UNIFOR
AND
BELL CANADA

CRAFT AND SERVICES EMPLOYEES
EFFECTIVE FEBRUARY 23, 2017 

ARTICLE 8 – MANAGEMENT RIGHTS

8.01 The Company has the exclusive right and power to manage its operations in all respects and in accordance with its commitments and responsibilities to the public, to conduct its business efficiently and to direct the working forces and without limiting the generality of the foregoing, it has the exclusive right and power to hire, promote, transfer, demote or lay-off employees, and to suspend, dismiss or otherwise discipline employees.

8.02 The Company agrees that any exercise of these rights and powers shall not contravene the provisions of this Agreement.

Should workers not be discussing why management has these rights? Should workers not be discussing whether an unelected management should have such rights? Should workers not be discussing how to organize to abolish this dictatorship? Should workers not be criticizing any union rep who claims that a collective agreement somehow expresses a “fair contract?” A “good contract?” All other such platitudes? 

Data on Which the Calculation Is Based

The calculation of the rate of exploitation is undoubtedly imperfect, and I invite the reader to correct its gaps. Nonetheless, the lack of any attempt to determine the rate of exploitation at the city level has undoubtedly reinforced social-reformist tendencies.

Now, the calculation: 

In millions of Canadian dollars:

Page 113:

Operating revenues 23,964

Costs
Operating costs 13,858
Severance, acquisition and other costs 114
Depreciation 3,496
Amortization 902
Finance costs
Interest expense 1,132
Interest on post-employment benefit obligations 63
Other expense 13
Total costs: 19,578

Net income: 4386 [23,964-19,578=4386] [the 3253 is after taxes; if you add taxes, you get 4386 as well]

Operating costs need to be broken down further since costs for maintaining workers as wage workers form one of the two considerations for the calculation of the rate of exploitation.

Labour costs
Wages, salaries and related taxes and benefits 4,303
Post-employment benefit plans service cost (net of capitalized amounts) 247
Other labour costs 1,005
Less:
Capitalized labour 1,032
Total labour costs: 4,523

Adjustments

In Marxian theory, it is necessary to question whether some expenses are expenses for both the individual employer and for the class of employers (and fractions of their class, such as those who live on interest); in such a case, the expense is deducted from total revenue. On the other hand, there are expenses that are expenses for the individual employer but are not expenses when looked at from the point of view of the class of employers; in such an instance, they are paid out from the surplus value produced or obtained by workers and are to be included in income before taxes.

Adjustment of Total Labour Costs

Capitalized Labour

It is necessary to consider the category “Capitalized labour” since it is not treated as a labour cost by BCE whereas here it will be so treated. Capitalized labour involves the following:

CAPITALIZED LABOR means all direct costs of labor that can be identified or associated with and are properly allocable to the construction, modification, or installation of specific items of capital assets and, as such, can thereby be written down over time via a depreciation or amortization schedule as capitalized. 

I have chosen to treat capitalized labour as part of labour costs since it is current labour that is involved in the operations of BCE; the work performed by workers in installing and assembling machinery includes surplus value.

Temporarily Adjusted Total labour Costs: 5555

Severance, acquisition and other costs

It is necessary to make adjustments for this category since part of the money expended relates to costs destined to be received by workers. To take this into account, it is necessary to break the category down further.

Severance 63
Acquisition and other 51
Total severance, acquisition and other costs 114

I assume that “Acquisition and other” are non-labour expenses.
In a note, it states:

Severance costs consist of charges related to involuntary and voluntary employee terminations. In 2018, severance costs include a 4% reduction in management workforce across BCE.

Given that the severance package for management is likely to be much higher than for regular employees, the 4 percent reduction in the management workforce likely results in a higher percentage of severance pay to that 4 percent. It is impossible to determine with precision how much higher. I will assume 10 percent. The reason for taking into consideration such a difference is that the severance for management is likely to be a function of its exploitation of other workers and not its own exploitation.

Ten percent of 63 is 6.3; therefore, this 6.3 needs to be added to net income and subtracted from 63.
Temporarily adjusted Net income: 4392.3

This shift from considering part of severance pay from a cost to a part of net income also changes the total costs by reducing it by 6.3. Therefore:

Temporarily adjusted Total Costs: 19,571.7

The remaining severance is 56.7. This needs to be added to the category “Post-employment benefit plans service cost” since it forms part of the income of workers and costs for BCE. Accordingly:
Adjusted Total labour Costs: 5611.7

Adjustment of Finance Costs

Another adjustment relates to interest. As I indicated in my post about the rate of exploitation of workers at Magna International:

An adjustment should probably be the treatment of the payment of interest: despite being an expense from the point of view of the individual capitalist, it probably forms part of the surplus value. It should be added to “Income before income tax expense.”

As for the category “Interest on post-employment benefit obligations,” from the point of view of BCE, it is an expense or cost because, presumably, BCE had to borrow money (and pay interest) to meet its financial obligations to its retired workers; this interest comes from the surplus value produced by the workers and is therefore included as part of profit.

Accordingly, both “Interest expense” and “Interest on post-employment benefit obligations” are deducted from “Total costs” and added to “Net income,” and “Total costs” are therefore also adjusted.

Operating revenues 23,964
Adjusted Total Costs: 19,571.7- 1,132 – 63=18,376.7
Adjusted Net Income: 5587.3=s
Adjusted Total labour Costs: 5611.7=v

The Rate of Exploitation

The rate of exploitation or the rate of surplus value=s/v=5587.3/5611.7=100% (after rounding).

That means that for every hour worked that produces her/his wage, a worker at BCE works around an additional hour for free for BCE. Alternatively, in terms of money, $1 of wage or salary of a regular BCE worker produces around $1 surplus value or profit for free. 

The length of the working day at BCE, like most places, varies. Here are a sample of working days from the Internet:

I worked, on average, twelve hours a day.
I worked about 8 hours a day on the average.
10 hours per and about 50 hours weekly and was paid for only 37.5 weekly.

The collective agreement between Bell Canada and Unifor Atlantic CommunicationLocals (Unifor ACL) states: 

(c) Employees whose standard hours of work are eighty (80) hours in a scheduling period, will normally work either ten (10) scheduled tours of eight (8) hours. Employees whose standard hours of work are seventy-five (75) hours in a scheduling period, will normally work ten (10) scheduled tours of seven and one-half (7.5) hours. …

(d) Tours can be scheduled for a maximum of ten (10) hours with mutual agreement between the employee and their direct supervisor.

(e) Longer tours, to a maximum of twelve (12) hours per tour, may be scheduled with the mutual agreement of the employee(s), their direct supervisor, Labour Relations and the Council. Such special
arrangements must be committed to in writing and signed by the parties prior to implementing. These arrangements can be cancelled by any party with eight (8) weeks notice.

Since Bell workers are exploited 100 percent, the calculation of the number of hours they work to produce the equivalent value of their wage and the number of hours they work for free for Bell is relatively easy.

  1. In a 7.5-hour work day (450 minutes), the worker produces her/his wage in 225 minutes (3 hours  45 minutes) and works 225 minutes (3 hours 45 minutes) for free for BCE.
  2. In an 8-hour work day (480 minutes), the worker producer her/his wage in 240 minutes (4 hours) and works 240 minutes (4 hours) for free for BCE.
  3. In a 10-hour work day (600 minutes), the worker producers her/his wage in 300 minutes (5 hours) and works 300 minutes (5 hours) for free for BCE.
  4. In a 12-hour work day (720 minutes), the worker produces her/his wage in 360 minutes (6 hours) and works 360 minutes (6 hours) for free for BCE.


Critique of the Limited Aim (Solution)–Decent Wages–of a Radical Social Democrat: The Case of the Toronto Radical, John Clarke: Part One

Introduction

There are some people among the social-democratic left whom I can respect more than others. John Clarke, former leader of the Ontario Coalition Against Poverty (OCAP), is one of them. Here is what one reads on Wikipedia about him:

John Clarke is an anti-poverty activist who lives in TorontoOntarioCanada. As of 2019, he was teaching at York University.

Activism

A native of Britain, he moved to Toronto, Ontario and became an organizer there.[1] He was a leading figure of the Ontario Coalition Against Poverty (OCAP) group until he retired from it in January 2019.[2] The Globe and Mail reported in the year 2000 that Clarke’s “guerrilla activism has pitted him against police countless times during the past decade.”[3]

Clarke was arrested with three other activists and charged with inciting a riot for his role in an OCAP protest at Queen’s park in June 2000. Clarke appealed his restrictive bail conditions in August 2000.[3] In 2003, a judge stayed the charges and Clarke walked free.[4]

The Sudbury Star described Clarke in 2016 as “a 25-year veteran of activism.”[1] In 2019, he announced an online fundraiser asking people to contribute $25,000 for his retirement.[5]

Teaching

In 2019, Clarke took on the post of Packer Visitor in Social Justice in the faculty of Liberal Arts and Professional Studies at York University. The position is for two years.[2]

References

  1. Jump up to:ab Keenan Kusan, Workers being held down, activist says in SudburySudbury Star (March 26, 2016).
  2. Jump up to:ab Levy, Sue-Ann (26 November 2019). “Poverty warrior teaching Activism 101 at York University”Toronto Sun. Retrieved 21 March 2020.
  3. Jump up to:ab Margaret Philp, Activist to fight bail termsGlobe & Mail (August 10, 2000).
  4. ^ Clarke, John (28 October 2003). “RIOT CHARGES AGAINST OCAP ORGANIZER STAYED BY TRIAL JUDGE – Statement by John Clarke, OCAP Organizer”OCAP. Archived from the original on 1 June 2005. Retrieved 21 March 2020.
  5. ^ Levy, Sue-Ann (28 January 2019). “Poverty activist John Clarke wants help funding retirement”Toronto Sun. Retrieved 21 March 2020.

Although I can admire not only Mr. Clarke’s activist stance but his willingness to engage in civil disobedience despite the possible consequences for himself, his writings persistently fall short of a socialist stance. This limitation is evident in his aims (which are, generally, solutions to specific problems). 

The Aim or Goal of His Intervention 

What is the aim or goal of his intervention? What is he seeking to achieve?

On Mr. Clarke’s blog, on June 15, 2021, he has written a post titled “A Basic Income in Waiting?” (https://johnclarkeblog.com/node/65). 

Surprisingly, Mr. Clarke’s goals are very similar if not identical to those of  Simran Dhunna and David Bush’s views.  He writes:

During the pandemic, struggles have broken out across the world, from Minneapolis to New Delhi to East Jerusalem. As the global health crisis subsides, there will be a strong determination to fight for something better. As we challenge, not just the ‘economic scarring’ left by the pandemic, but the impact of decades of austerity, we shouldn’t settle for a commodified form of social provision that makes its peace with the neoliberal order. We need to fight employers to win decent wages and to take to the streets to demand massively expanded social housing, greatly improved public healthcare, free public transit, universal child care and much else beside.

His reference to “much else beside” is in reference to an article written by Ms. Dhunna and Mr. Bush (if you click on the the “else beside,” you will be taken to their article). The “much else beside” probably refers to the following list (the social-democratic or reformist left frequently have a grocery list of demands that rarely if ever are realized in practice since they lack the power to realize them):

  1. free dental care
  2. strengthening and regularizing the new changes to EI (employment insurance–which I still call unemployment insurance)
  3. raising social assistance rates
  4. status for all (meaning presumably that immigrants and “illegal” migrants would have the same legal rights as Canadian citizens)
  5. paid sick days
  6. improving tenants’ rights
  7. universal public services.

Of course, I support such efforts, but such efforts hardly make a socialist society since they are likely compatible with some form of capitalism and not with its abolition and with the abolition of all classes; they seek to humanize capitalism and not abolish it. Those who advocate such policies are anti-neoliberal but not necessarily anti-capitalist. To be anti-capitalist, such policies would have to be linked to other policies that push beyond what is acceptable to a capitalist society–such as a radical or robust basic income–which Mr. Clarke opposes. 

I have criticized Dhunna and Bush’s article in several posts on this blog (see for example A Basic Income Versus the Expansion of Public Services? Part One: Critique of the Social-democratic Idea that the Expansion of Public Services is SocialistThe Strawman of a Minimal Universal Basic Income by the Social-democratic Left in Toronto or  A Robust or Ambitious Universal Basic Income: An Impossible Dream for Some Among the Social-democratic Left), and Mr. Clarke’s uncritical reference to it is indicative of Mr. Clarke’s lack of critical distancing from his social-democratic compatriots; his rubber stamping of other social democrats’ position is quite typical of social democrats in general, it would seem (see Exposing the Intolerance and Censorship of Social Democracy, Part Two: Critique of the Standard of Canadians and Landed Immigrants Working for an Employer). 

The way in which Ms. Dhunna and Mr. Bush refer to articles written by others on the subject of basic income, for instance, gives the impression that the authors of some of the articles to which they refer find basic income to be impractical–whereas it is often the case that it is only certain forms of basic income that such authors find impractical; other forms they find feasible–but Ms. Dhunna and Mr. Bush (and Mr Clarke) neglect to acknowledge this. By referring to the article Dhunna and Bush wrote without further ado, Mr. Clarke in effect rubber stamps uncritically their own distortion of the views of others. This is hardly what the working class needs today. Mr. Clarke, despite his apparent anti-capitalist rhetoric, is anti-neoliberal but not anti-capitalist. 

Let us, however, see what Mr. Clarke himself actually proposes as an alternative–what his aims are.  The following is almost a verbatim report of the third section of Mr. Clarke’s presentation on YouTube, presented on June 21, 2021, titled Basic Income Is a Neoliberal Trap  (https://www.youtube.com/watch?v=r40D6fU760s&t=4s):

Alternative Directions

The alternative is to rejuvenate our unions and fight for decent wages, to fight to increase minimum wages, to fight for workers’ rights–rather than extend the cash benefits and extend the reach of the marketplace. It is far better to put considerable effort into the struggle for public services.

Now, Mr. Clarke fully acknowledges that there are income-support programs that are vital and needed, and we cannot let these supports become a kind of poor cousin. We need unemployment insurance that provides adequate coverage and secure coverage. We need the disgusting attack on injured workers that has taken place to be reversed and decent benefits be provided. We need a fight to ensure that disability benefits are adequate and meet people’s needs and that they are secure. We need to challenge the intrusion and moral policing that goes on within these systems.

But to extend the cash benefit widely out into the workforce is a huge mistake. And we could do so much better. Rather than try to get what in practice would be a meager cash benefit, it would be so much better to struggle to challenge the commodification of housing, the neoliberal city, the blighting of urban space with this agenda of greed by fighting for a massive extension of social housing. So that’s a benefit that goes to working-class people and does not go into the pocket of landlords. There’s a need to fight for increases in the adequacy of healthcare. The pandemic has made that absolutely clear. We need pharmacare, dental care, a unviersal childcare program that is not an empty perennial liberal promise. We need post-secondary education to be free; we need free public transport systems. On all of these fronts, we need to take up a fight.

But people will say: We have suffered defeats. We cannot win these things. Mr. Clarke argues that the left has for a very long time forced on the defensive. The class struggle has not gone in our favour for a considerable period of time. But there is no alternative but to rebuild and to fight back and to win what we can. And to challenge this society but to fight for a different society. That’s absolutely indispensable. There in fact is not some social policy ruse that can just put things right.

Basic income is not going to solve the problem. Our lack of strength, our lack of ability to fight in the way we need to fight is the problem we have to address. We need to build that movement now more than ever. In this situation of global crisis we need more than ever to fight back, and we can do so much better in focusing our struggles than to fight for the commodification of social provision and basic income.

There is little difference between Dhunna and Bush’s call for a refurbished welfare state and Mr. Clarke’s vision of a “different society.” The society he envisions is an improved version of the welfare state established after the Second World War; it is hardly a vision of a society without classes, without exploitation and without oppression. 

I will, however, restrict my criticism of Mr. Clarke’s position in this post to his reference to decent wages–and will continue with my criticism of Mr. Clarke’s views on economic coercion–the first part of his presentation in the YouTube video in another post by referring to his apparent acknowledgement that economic coercion forms an essential element of a capitalist society–all the while ignoring the significance of that for formulating policies to counter such economic coercion.  

Decent Wages and Exploitation 

Mr. Clarke does not subject the concept of decent wages to any critical scrutiny. Ironically, Mr. Clarke often refers to exploitation as an essential aspect of a society dominated by a class of employers (and I agree with him on this view), as a basis for criticizing the impracticality of a proposal for universal basic income (see his Youtube presentation)–which I will address in relation to basic income in another post), but he isolates the concept of “decent wages” from any consideration of exploitation. 

The concept of “decent wages” in effect justifies the exploitation of workers and their continued economic coercion. That does not mean, of course, that I would criticize workers for seeking to increase their wages–increasing the standard of living does have the potentiality of improving the quality of life for those who work for employers, and I also have sought to increase my wages or salary to improve my quality of life. However, seeking to increase wages does not make the wages “decent”–given exploitation. 

By referring to “decent wages,” Mr. Clarke, despite his references to exploitation, implicitly uses the standard of working for an employer as a standard for determining what is decent work. This limitation of the left has been noted by others. Kathleen Millar (2017) has argued just that in her critique of the isolation of a set of individuals as the “precariat”. From “Toward a critical Politics of Precarity,” Sociology Compass, Volume 11,  pages 6-7: 

At the same time, translating the concept of precarity to different parts of the world has also meant recognizing that precarity is originary to capitalism. The very condition of having to depend on a wage to sustain one’s life is what makes a worker precarious—not just the specific structures of this or that job (Barchiesi, 2012a; Denning, 2010). From this perspective, precarity is capitalism’s norm, not its exception, and is shared by all workers whether employed or unemployed. We usually think of the worker with a stable, full‐time job as the model of capitalist labor—against which the numerous unemployed, informal, or wageless workers (largely in the global South) are compared. But the latter
reveal the latent precarity of all workers who must sell their labor‐power for a living. This means that the precarity of labor, far from being the exception in capitalism, is the necessary condition for the creation of capital.

To see insecurity at the heart of wage labor (rather than a condition of its absence) is to complicate the current denunciatory discourse of precarity. Critiques of precarity—whether explicitly or as another element of what Thorkelson (2016) describes as its political unconscious—uphold full‐time, wage‐labor employment as an ideal. One problem with this politics of precarity is that it ignores how wage labor can itself be an experience of insecurity, degradation, exploitation, and abuse. For example, Franco Barchiesi (2011) makes this argument through his study of wage labor as a technique of governance in both colonial and postcolonial South Africa. He shows how colonial administrators emphasized the “dignity of work” as a way to use wage labor to discipline African populations seen as “uncivilized” and “unruly.” Many African workers refused waged employment, instead opting for various forms of
subsistence labor or self‐employment that, while insecure, allowed them to avoid the discipline and indignity experienced when working in factories and mines. In this historical context, Barchiesi argues, “precarious employment was not a condition of disadvantage but enabled opposition to the labor‐centered citizenship of Western modernity” (15). Barchiesi goes on to show how today, the continued emphasis on “decent jobs” and “job creation” in postapartheid South Africa fuels the precariousness of workers by continuing to link social citizenship to full‐time wage labor at
the same time that stable employment is increasingly scarce (see also Barchiesi, 2012b). The emphasis on decent jobs also reinforces forms of masculinity, nationalism, and inequality that a social order structured around wage labor produced. In short, the demand for decent jobs, as a solution to precarity, generates a conservative politics attached to the valorization of wage labor. It also precludes the “political potentials of precarity” (Barchiesi, 2012b, 248) or what I have described elsewhere as the possibility that forms of work beyond wage labor might open up other ways of fashioning work and life (Millar, 2014).

This brings me back to the question that began this article: what are we holding onto through the ubiquitous, denunciatory discourse of precarity? One answer to this question is certainly wage labor. Or more precisely, many critiques of precarity remain attached to what Kathi Weeks (2011) has described as the taken‐for‐granted valorization of waged work as an economic necessity, social duty, and moral practice. This attachment to waged work is part of a broader response to precarity that has reaffirmed normative modes of life. For example, Lauren Berlant (2011) argues that conditions of precarity have led to deepened aspirations for and reinvestments in the normative good life—a
stable job, middle‐class home, guaranteed rewards for hard work, and the promise of upward mobility. These forms of attachment, she suggests, paradoxically become obstacles to fulfilling the very desires that are wrapped up with the aspiration for a good life. This produces what Berlant calls a “relation of cruel optimism” (170).

Alternatively, we could see the denunciation of precarity through the lens of “left melancholy.” Drawing on Walter Benjamin’s use of this term, Wendy Brown (1999) reflects on the ways leftist politics remains mournfully committed to ideals, categories, and movements that have been lost, preventing the possibility of radical change in the here and now.4 To cling to the ideal of full employment and decent jobs, rather than to question waged work as a social and economic requirement, could certainly be an example of left melancholy. But Brown is less interested in specifying the objects of attachment than in showing how the very state of melancholia replaces a political commitment to disruption with an unacknowledged pernicious traditionalism. In other words, perhaps it matters less what one is holding onto, just that one is holding on. Or as Dorothy Day (1952) insisted in her decades‐old article on precarity, “The thing to do is not to hold on to anything.”

Mr. Clarke, like so many social-democratic or social-reformist leftists, implicitly clings to working for an employer as the standard for his own goals. 

This implicit standard is kept separate from Mr. Clarke’s rhetorical references to exploitation, which serve to hide his social-democratic or social-reformist political position. 

Let me make a categorical statement: There is no such thing as a decent wage. To work for an employer is in itself degrading, exploitative and oppressive. The concept of a decent wage serves to hide this exploitative situation (see The Money Circuit of Capital). 

Mr. Clarke, apparently, only aims at refurbishing the welfare state rather than abolishing exploitation. Like Mr. Bush’s own references to exploitation, Mr. Clarke uses the concept as a rhetorical flourish (in his case, to criticize a radical policy of basic income) while conveniently “forgetting” the concept when it comes to the issue of whether wages can ever be decent.

Thus, on Mr. Clarke’s blog, on March 7, 2021, in a post titled http://WHEN YOUR ENEMY’S ENEMY IS NOT A FRIEND we read: 

  In a world based on exploitation and oppression, resistance is ever present. … 

 The US and its junior partners compete with their major rivals and pose a terrible threat to the poor and oppressed countries they seek to dominate and exploit. However, we can’t forget that those countries are themselves class divided societies and that not all the exploitation and oppression that their populations face comes out of Washington. Domestic capitalists are also the enemy and the governments of those countries, even where they clash with US objectives, still represent the interests of these home grown exploiters. [my emphases]

Despite his reference to exploitation, Mr. Clarke conveniently forgets the concept when it comes to referring to a “decent wage.” Nowhere does Mr. Clarke justify his view that there is such a thing as a decent wage. There are undoubtedly better wages and worse wages, but how any wage is decent is something that Mr. Clarke merely assumes rather than demonstrates.

The reference to “decent wages” is a social-democratic trick to hide the fact that there is no such thing as “decent wages” in a society dominated by a class of employers. How can any wage be decent when it involves at a minimum economic coercion and oppression of workers by treating them as things or means for purposes not defined by them (see The Money Circuit of Capital  and  Employers as Dictators, Part One)  but by a minority and, in addition, exploitation that involves producing a surplus (see for example  The Rate of Exploitation of Workers at Magna International Inc., One of the Largest Private Employers in Toronto, Part One )?

Furthermore, in the case of workers in the private sector, in the case of both oppression and exploitation, the results of the previous labour of workers is used to further oppress and exploit the workers by means of previous acts of oppression and exploitation–an intensified form of oppression and exploitation (something Mr. Clarke entirely ignores). Mr. Clarke simply ignores this additional feature of exploitation and oppression.

Mr. Clarke thus uses the concept of exploitation for social-democratic purposes–an anti-neoliberal purpose and not an anti-capitalist purpose. Advocating for decent wages while using the word “exploitation” is contradictory–but exploitation is really just a word for Mr. Clarke. Alternatively, Mr. Clarke believes that workers are exploited–but that such exploitation cannot be abolished. He certainly never advocates the abolition of exploitation, and his aim of achieving decent wages simply ignores the issue. 

What I wrote in another post relation to Ms. Dhunna and Mr. Bush’s political position applies as much to Mr. Clarke:

Dhunna and Bush’s first aim–to “meaningfully improve the material realities of working class and oppressed people”–sounds both practical and radical. It is actually conservative since its focus is entirely on distributional struggles rather than struggles over control of working conditions at both the micro and macro levels. Indeed, since this is their primary goal, they practically define a socialist society as an enhanced welfare state–capitalism with a more human face.

By focusing on distributional struggles, they imply, without ever saying it, that wider struggles to control working conditions are impractical and utopian. They, the realists, know what “bread and butter issues” are relevant for the working class, and such “bread and butter issues” are purely distributional struggles. Such a stance is conservative–its aim is not to end class rule, but to perpetuate it–though in a more humanized form than at present.

Wages, Exploitation and the Accumulation of Capital 

This  becomes even more evident when we consider, not only the immediate exchange between workers and employers and the subsequent exploitation but also the antecedent processes of exploitation. When we consider the process of exploitation and oppression of workers as a process, the immediate exchange between workers and employers (whether through collective or individual bargaining) is actually the use of surplus value (symbolized by “s” produced by workers in earlier rounds of exploitation to further exploit them. I referred to this process in my critique of Dhunna and Bush’s conservative use of Marx’s theory of exploitation. From Karl Marx, Capital: A Critique of Political Economy, volume 1, pages 727-730:

Let us now return to our example. It is the old story: Abraham begat Isaac, Isaac begat Jacob and so on. The original capital of £10,000 brings in a surplus-value of £2,000, which is capitalized. The new capital of £2,000 brings in a surplus-value of £400, and this too is capitalized, transformed into a second additional capital, which in its turn produces a further surplus-value of £80. And the process continues in this way.

We leave out of account here the portion of the surplus-value consumed by the capitalist. We are also not interested, for the moment, in whether the additional capital is joined on to the original capital, or separated from it so that it can valorize itself independently. Nor are we concerned whether the same capitalist employs it who originally accumulated it, or whether he hands it over to others. All we must remember is this: by the side of the newly formed capital, the original capital continues to reproduce itself and to produce surplus-value, and this is true of all accumulated capital in relation to the additional capital engendered by it.

The original capital was formed by the advance of £10,000. Where did its owner get it from? ‘From his own labour and that of his forefathers’, is the unanimous answer of the spokesmen of political economy. And, in fact, their assumption appears to be the only one consonant with the laws of commodity production.

But it is quite otherwise with regard to the additional capital of £2,000. We know perfectly well how that originated. There is not one single atom of its value that does not owe its existence to unpaid labour. The means of production with which the additional labour-power is incorporated, as well as the necessaries with which the workers are sustained, are nothing but component parts of the surplus product, parts of the tribute annually exacted from the working class by the capitalist class. Even if the latter uses a portion of that tribute to purchase the additional labour-power at its full price, so that equivalent is exchanged for equivalent, the whole thing still remains the age-old activity of the conqueror, who buys commodities from the conquered with the money he has stolen from them.

If the additional capital employs the person who produced it, this producer must not only continue to valorize the value of the original capital, but must buy back the fruits of his previous labour with more labour than they cost. If we view this as a transaction between the capitalist class and the working class, it makes no difference that additional workers are employed by means of the unpaid labour of the previously employed workers. The capitalist may even convert the additional capital into a machine that throws the producers of that capital out of work, and replaces them with a few children. In every case, the working class creates by the surplus labour of one year the capital destined to employ additional labour in the following year.5 And this is what is called creating capital out of capital.

The accumulation of the first additional capital of £2,000 presupposes that a value of £10,000 exists, advanced by the capitalist, and belonging to him by virtue of his ‘original labour’. The second additional capital of £400 presupposes, on the contrary, only the prior accumulation of the £2,000, of which the £400 is the capitalized surplus-value. The ownership of past unpaid labour is thenceforth the sole condition for the appropriation of living unpaid labour on a constantly increasing scale. The more the capitalist has accumulated, the more is he able to accumulate.

The surplus-value that makes up additional capital no. 1 is the result of the purchase of labour-power with part of the original capital, a purchase which conformed to the laws of commodity exchange and which, from a legal standpoint, presupposes nothing beyond the worker’s power to dispose freely of his own capacities, and the money-owner’s or commodity-owner’s power to dispose freely of the values that belong to him; equally, additional capital no. 2 is merely the result of additional capital no. 1, and is therefore a consequence of the relations described above; hence each individual transaction continues to conform to the laws of commodity exchange, with the capitalist always buying labour power and the worker always selling it at what we shall assume is its real value. It is quite evident from this that the laws of appropriation or of private property, laws based on the production and circulation of commodities, become changed into their direct opposite through their own internal and inexorable dialectic. The exchange of equivalents, the original operation with which we started, is now turned round in such a way that there is only an apparent exchange, since, firstly, the capital which is exchanged for labour-power is itself merely a portion of the product of the labour of others which has been appropriated without an equivalent; and, secondly, this capital must not only be replaced by its producer, the worker, but replaced together with an added surplus. The relation of exchange between capitalist and worker becomes a mere semblance belonging only to the process of circulation, it becomes a mere form, which is alien to the content of the transaction itself, and merely mystifies it. The constant sale and purchase of labour power is the form; the content is the constant appropriation by the capitalist, without equivalent, of a portion of the labour of others which has already been objectified, and his repeated exchange of this labour for a greater quantity of the living labour of others.

The immediate exchange between workers and employers is an exchange of equivalents, so that workers receive the value of their cost of production. However, when considering the larger context of previous production, then the immediate exchange between employer and workers is a semblance . The employer uses a part of the surplus produced by the workers in a previous round as means of production (machines, raw material, buildings, etc.) and another part (socially as money and physically as means of consumption, such as food, clothing, shelter) to further employ them (in addition to the initial investment). 

If this is the case, how can anyone who believes in the existence of class exploitation refer to wages as decent wages? There is no such thing. Wages used to control the working class and to exploit them in the present, when conceived in the continuous process of production and exchange, are derived from surplus value produced in antecedent rounds of production so that the wage they receive today is the result of past exploitation and oppression.

The present domination of workers at work by employers is a consequence of past accumulation of surplus value and its investment in the further exploitation of workers.  How anyone who is anti-capitalist could refer to wages as “decent” is beyond me–unless they are really only anti-neoliberal (a particular form of capitalism but not capitalism as such) and not anti-capitalist, despite the rhetoric to the contrary. 

Again, the issues of exploitation and the accumulation of capital need to be linked together when determining whether there is such a thing as a decent wage. The following couple of long quotes by  Teinosuke Otani (2018) points to this need –a need that Mr. Clarke ignores by referring to decent wages as a primary aim without even engaging into inquiry into the nature of capitalist relations of production and exchange.

The first long quote has to do with what is called simple reproduction, where the private employer exploits workers by obliging them to work for more time than they themselves cost to produce, thereby enabling the private employer or capitalist to appropriate and then consume the entire surplus value (profit) produced. Since the entire surplus value (profit) is consumed, each year the same level of investment arises–simple reproduction. 

From  Teinosuke Otani (2018),  A Guide to Marxian Political Economy: What Kind of a Social System Is Capitalism?, pages 218-224 ( emphases in the original):   

8.4 Capital as the Materialisation of Unpaid Labour of Others

Under simple reproduction, it is assumed that the capitalist consumes the entirety of the surplus-value appropriated from the worker year after year. Now let’s assume that during a period of 5 years, a capital value of 1000 brings the capitalist a surplus-value of 200 every year and that the capitalist consumes this entire amount. At the end of the 5 years, he still has the 1000 in capital value that he possessed at the outset, but over the 5 years, he has appropriated 1000 in surplus-value from the worker and consumed this 1000 in value.

The capitalist would likely say: «It is precisely because I initially possessed 1000 in value, as the fruit of my own labour, that I was able to appropriate and consume 200 in value every year. The 1000 in value that I advance each year—no matter how many years this is repeated—is the initial value created by my labour».

The situation appears quite different, however, if we carefully observe the process as repeated reproduction.

Let’s take our capitalist at his word here and assume that the 1000 in value he started off with was appropriated through his own labour, so that it is the materialisation of his own labour.

During the 5-year period, the capitalist consumes a sum of value equal to the value he initially possessed. Yet after the 5 years, he is still in possession of a sum of value equal to what he started off with. Why? What is clear is that it is precisely because the capitalist has received the 1000 in surplus value for free that he can still have 1000 in value despite having consumed that amount. The 1000 that he holds after 5 years is thus the result of the 1000 in surplus-value appropriated during the 5 years, merely representing the total sum of 1000 in surplus-value obtained for free. This point can be well understood if we consider what would happen to the capitalist, who consumes 200 in value every year, if he did not appropriate any surplus-value during those years. In such a case, even if he had 1000 the first year, he would have no alternative but to consume 200 every year, reducing by that amount the sum of money that could be advanced as capital. After 5 years, the sum would reach zero and he would cease to be a capitalist. The fact that he is able to still exist as a capitalist at the end of 5 years, with 1000 in capital, is clearly the outcome of appropriating 200 surplus-value every year over the course of that period.

The capitalist in our example has appropriated the materialisation of 1000 in value from another person’s labour during a 5-year period. Since the capitalist is still in possession of 1000 in value after 5 years, having lived by consuming 200 per year, his 1000 is nothing but the materialisation of the labour of others. Even if the capital value the capitalist initially possessed was the materialisation of his own labour, the capital value he is now in possession of after 5 years is the materialisation of the worker’s surplus-value, which is to say, thematerialisation of the labour of others. Starting from the sixth year, the capitalist appropriates further surplus-value that is the materialisation of others’ labour by means of capital value that is also purely the materialisation of the labour of others. 

8.5 Reproduction of Capital-ownership Through Appropriating the Labour
of Others

At first glance, the capital relation, which is the relation of production between capitalists and workers, seems to continue to exist, as is, year after year. In particular, it seems that the pivot of this continuity is the capitalist’s continued possession of capital, which he owned from the outset. In fact, however, as noted in the previous section, the capital relation is not an inorganic entity like a cornerstone, which cannot collapse once put in place unless some outside force is applied, but rather is maintained by being constantly reproduced and formed through the labour of labouring individuals within the production process. This is similar to how the human body is maintained by the infinite number of cells that compose it being replaced every day by newly created ones.

… 

Now let’s imagine that a person with no money borrows 1000 in value from someone (assuming that the loan is free of interest) and makes it function as capital for a 5-year period, during which he appropriates 200 in surplus-value every year and that after 5 years he repays the 1000. Once the loan had been repaid, he would return to his penniless state and cease to be a capitalist. In this case, the fact that he was able to exist as a capitalist for 5 years was not because he held on to 1000 in value during the 5 years. Indeed, if the 1000 had not functioned as capital, he would have consumed the 1000 during the 5 years, leaving him with nothing but the debt for that amount. The reason the capitalist is instead able to still have 1000, and was able to consume 200 in value every year, is that during those 5 years, he made the 1000 in value function as capital and was thus able to appropriate 200 in surplus-value from workers each year. It is precisely because of appropriating this unpaid labour that the capitalist is able to exist as a capitalist for a period of 5 years.

Even if, during the 5-year period, he had been able to live without consuming the 200 of surplus-value or had somehow been able to procure a separate consumption fund to last the 5 years, so that even after repaying the 1000 by the end of that period he would have a total of 1000 in value appropriated from workers, it would still be clear that this value is the mass of surplus-value appropriated from the workers.

In short, the capital value owned by the capitalist must sooner or later, through the progression of reproduction, be transformed into the materialisation of the appropriated labour of others, so that the ownership of capital value by the capitalist (even if initially the result of his own labour) is transformed into the outcome of the appropriation of others’ labour, i.e. transformed into the outcome of exploitation carried out in the production process.

In simple reproduction, it is assumed that the original investment came from the labour of the purchaser of the labour power of workers and of the means of production (machinery (such as computers), buildings, raw material, and other such products), but on the basis of that assumption the preservation of the same initial investment arises through the constant exploitation of workers.

In simple reproduction the preservation of the original value of the investment year after year, therefore, is due to the continued exploitation of workers year after year. Can the wages the workers receive then be considered in any way decent under such circumstances? Let Mr. Clarke and other social democrats explain this. 

When we consider the real accumulation of capital, where part of the surplus value (profit) produced for free by workers and appropriated by private employers (capitalists) for no equivalent is not consumed but ploughed back into further investments, not only is the original value of original capital preserved through the continued exploitation of workers but the relation between the original capital invested and the new capital invested due to the exploitation of workers increasingly becomes smaller and smaller relatively as the accumulation of capital and the continuous exploitation of workers proceed. From Otani, pages 228-234:  

Our assumption here again will be that a capitalist has advanced 1000 in value and then appropriates 200 in surplus-value, all of which is subsequently advanced as additional capital.

Where does the capitalist get this 1000 in capital? The capitalists and the economists who defend their interests respond in unison that this capital was the fruit of the capitalists’ own labour or that of their forbearers. But we have already seen that, even seen from the perspective of simple reproduction, all capital is transformed into a mass of unpaid labour of others through the recurrence of reproduction and that capital-ownership is also reproduced through the appropriation of unpaid labour. But, for now, let us accept the capitalist’s view of the situation.

… commodity holders in the sphere of commodity exchange recognise each other as private owners, but in so doing, they do not concern themselves with how the other person came to possess his commodity. Instead, they can only assume that this other person obtained it through his own labour. This socially accepted assumption that a private owner’s property title stems from own labour is the property laws of commodity production.

When the capitalist initially appears on the market with 1000 and purchases means of production and labour-power at their value, those involved in the commodity and labour markets do not care how he came into possession of the 1000 in value, provided he is the proper owner of that sum. Those involved in the transaction all assume with regard to each other that commodities and money were obtained through their own labour, with each quite content to declare: «I worked to save up this 1000» or «It was obtained through my parents’ hard work». And it seems that this is the only assumption that could be made, according to the property laws of commodity production.

The situation is completely different, however, in the case of the 200 that the capitalist seeks to advance as additional capital. We are perfectly familiar with the process that generates this sum of value, knowing that it was originally surplus-value. This means that the 200 in its entirety is the objectification [materialisation] of the unpaid labour of others. The additional means of production and additional labour power purchased with this sum are nothing more than a new form taken by this value qua [as] objectification of unpaid labour.

Viewed as a transaction between the capitalist class and working class, we have a situation where the working class, through its surplus-labour in the current year, creates the new capital that becomes the additional means of production and additional labour-power the following year.

Now let us assume that the 200 is advanced in the second year as additional capital and yields 40 in surplus-value [the same rate of profit as the initial investment of 1000 with a surplus value of 200: 200/1000=40/200=1/5=20 percent]. Since the original capital also generates 200 in surplus-value in the second year, by the third year, there is 440 (in addition to the 1000) that can be advanced as capital [First year: 200s from the initial exploitation of workers+ second year, an additional 200s  from the 1000 again invested and used to exploit the workers +the 40s produced in the second year by the workers and used for further investment in the third year=440]. Not only is 400 unmistakably the objectification of unpaid labour, 40 is the objectification of unpaid labour appropriated through the additional capital, which itself is the objectification of unpaid labour. If this process of accumulating all the surplus-value is repeated for the subsequent 4 years, by the end of that period the capitalist will have—in addition to his original capital of 1000, which we could call the «parent»—the surplus-value appropriated through the parent capital during the 4 years… Together this forms an «offspring» of 1074. So if the capitalist advances the aggregate capital in the fifth year, there will be 2074 of capital («parent» and «offspring») in operation that year. [The capitalist is assumed to exploit workers to the extent of 20 percent per unit. At the end of the first year, 1000×1.2=1,200; this is invested in the second year, and at the end of the second year, 1,200×1.2=1,440; this is invested at the beginning of the third year, and at the end of the third year, 1,440×1.2=1,728; this is invested at the beginning of the fourth year, and at the end of the fourth year, 1,728×1.2=2074, which again can be invested at the beginning of the fifth year…]. 

Even if we assume that the capitalist possessed the 1000 of the 2074 to begin with, he certainly cannot claim that the remaining 1074 in value was created through his own labour. As long as it is recognised that the 200 in surplus-value appropriated every year from the 1000 in capital is the objectification
of surplus-labour, then this 1074 in value is, from top to bottom, the surplus-value transformed back into capital and thus the objectification of labour of others. … In other words, we are dealing with a mass of surplus-labour appropriated through a mass of surplus-labour.

The more the reproduction of capital is repeated, the smaller the original capital advanced, until it becomes an infinitesimal amount. The surplus-value transformed back into capital, whether it is made to function as capital in the hands of the person who accumulated it or in the hands of someone else, comes to represent the overwhelming part of the capital that currently exists.

The capitalist every year buys the means of production and labour-power on the commodity market and labour market in accordance with the property laws of commodity production in order to repeatedly carry out production. The result of this is that the capitalist appropriates unpaid living
labour on an increasingly large scale by making the unpaid surplus-labour of others function as capital. Marx refers to the capitalist’s appropriation of unpaid labour in this manner as the laws of capitalist appropriation.

In the market, which is the surface layer of capitalist production, the property law of commodity production operates. But if we consider the production of capital that underlies this in terms of social reproduction, it becomes clear that the law of capitalist appropriation is in operation. Where the capital relation exists, the law of capitalist appropriation is the necessary consequence of the property laws of commodity production. Marx expresses this reality by referring to the inversion of the property laws of commodity production in the laws of capitalist appropriation.

The surplus-value qua ]as] objectification of the surplus-labour of another person, which the capitalist appropriates in the production process, is turned into capital; and the ownership of this capital value is thus the result of the appropriation of surplus-value in the production process. The capitalist’s
appropriation of surplus-value in the production process precedes, and brings about, his ownership of capital. Here it is precisely the production of surplus-value by the labouring individuals first. Rather, it is precisely the behaviour of the labouring individuals within the production process that is always generating the ownership of the means of production by the capitalist within the production process that generates capital ownership.

At first glance, there seemed to be a vicious circle with regard to capitalist ownership of the means of production by the capitalist and his appropriation of surplus-value, wherein the latter is only possible through the former, but the latter always generates the former. However, within this relation,
the active determining moment that continues capitalist production as such is the constant reproduction of products within the production process by the labouring individuals and the constant production of surplus-value. Labouring individuals are the active subject of continual production,
regardless of the form of society, but under capitalist production, we have a situation where labouring individuals completely separated from the conditions of labour come into contact with the means of production in the production process as things belonging to others, which means that the resulting
surplus-labour always belongs to others as well, and through this there is the continual reproduction of capital and wage-labour and the relation between them. Thus, in terms of the
capitalist ownership of the means of production, and the capitalists’ appropriation of surplus-value, it cannot be said that the former is the immovable premise or even that it is a vicious circle where it cannot be said which of the two comes first. Rather, it is precisely the behaviour of the labouring individuals within the production process that is always generating the ownership of the means of production by the capitalist.

When conceived as a continuous process of exploitation and accumulation of capital, the idea of “decent wages” sounds and is hollow. The idea of “decent wages” completely ignores the whole process of exploitation founded on previous exploitation. Mr. Clarke, practically, by referring to “decent wages,” converts his references to exploitation into mere words, emptied of content. 

What is necessary is to criticize the claims of capitalist society’s own ideologues. From Elena Lange (2021),  Value without Fetish: Uno Kōzō’s Theory of ‘Pure Capitalism’ in Light of Marx’s Critique of Political Economy, page 33: 

… Marx was less interested in contrasting the capitalist mode of production with the utopias of socialism, but in contrasting the bourgeois mode of production with its own claims.

Mr. Clarke, despite his nod towards Marx’s theory of exploitation, seems to have little interest in critiquing the claims of the ideologues of employers when he refers to decent wages. 

The Parallel of Decent Work and Decent Wages: The Case of the Social-Democratic International Labour Organization (ILO) 

Mr. Clarke has more in common with the social-democratic rhetoric of the International Labour Organization (ILO) than with any Marxian critique of capitalist society. The ILO talks about “decent work” and the like, and it claims that labour should not be treated as a commodity–but workers need to treat themselves necessarily as commodities, and euphemisms about “decent wages” and “decent work” serve to hide that fact. From Gerry Rodgers, Eddy Lee, Lee Swepston and Jasmien Van Daele (2009),  The International Labour Organization and the Quest for Social Justice, 1919–2009, page 7: 

Key passages from these documents are reproduced in Appendix II. Together, they identify the principles, issues and means of governance that lie at the heart of the ILO ’s work.

Five basic principles can be distinguished in these texts.

  • Lasting peace cannot be achieved unless it is based on social justice, grounded in freedom, dignity, economic security and equal opportunity.
  • Labour should not be regarded merely as a commodity or an article of commerce.
  • There should be freedom of association, for both workers and employers, along with freedom of expression, and the right to collective bargaining.
  • These principles are fully applicable to all human beings, irrespective of race, creed or sex.
  • Poverty anywhere constitutes a danger to prosperity everywhere, and must be addressed through both national and international action.

These moral and political principles guide the action of the ILO , and provide the cognitive framework for its work – the spectacles through which the ILO sees the world. The first of these, that peace must be based on social justice, has been considered above. It lays out the overriding reason for the existence of the Organization. The second provides the fundamental principle guiding its action. It expresses the dignity of labour and the recognition of its value, in contrast to the Marxian notion that, under capitalism, labour becomes a commodity. In the ILO ’s vision, all forms of work can, if they are adequately regulated and organized, be a source of personal well-being and social integration. Of course, labour is bought and sold, but market mechanisms are subordinate to higher goals. The original 1919 Constitution states that “labour should not be regarded merely as a commodity”. By the time of the Declaration of Philadelphia, the same idea is expressed more strongly: “Labour is not a commodity.”

Labour in Marxian economics is certainly not a commodity, but labour power is–the capacity to work or to use means of production to produce a product. The ILO simply denies that it labour (power) should be a commodity–all the while denying the reality that it is in fact a commodity and must be a commodity if capitalist society is to emerge and to continue to exist. (Of course, unfree forms of labour (so that workers cannot freely choose a particular employer) can exist side by side with free labour–but the existence of free labour power as a commodity is still necessary. It may not be very pleasant to think about the social implications of the necessary existence of labour power as a commodity, but it is necessary to do in order to enable the working class to formulate policies that will more likely enable them to control their own lives by abolishing all class relations. 

Just as the ILO places a veil over the eyes of workers by arguing that labour (power) should not be a commodity–whereas it is necessarily a commodity in a society dominated by a class of employers, with the associated economic, social and political structures–so too do Mr. Clarke’s references to decent wages place a veil over our eyes by implicitly denying that workers are necessarily and continuously exploited. 

I would like to know what Mr. Clarke means by decent wages. Are the wages received by the unionized workers for Magna International, Air Canada, Rogers Communication, Suncor Energy or Telus decent wages? (see various posts that attempt to calculate the rate of exploitation for these unionized workers). If so, how does Mr. Clarke square such a view with the fact of exploitation? If not, then the concept of decent wages has no relevance for workers other than as an ideological cloak for their continued exploitation.

Or are the wages that I received as a brewery worker in the early 1980s decent wages? For example, at the brewery where I worked in Calgary, Alberta, Canada, in the collective agreement between the Brewery Employers Industrial Relations Association (BEIRA) (for Carling O’Keefe) and the Western Union of Brewery, Beverage, Winery and Distillery Workers, Local 287, dated April 1, 1980 to March 31, 1983, bottling operators received a base wage of $13.20 on April 1, 1982. Sick pay was 12 days per year, a guaranteed wage plan, life insurance up to $20,000, a long-term disability plan, paid basic Alberta Health Care Insurance Plan, hospital expenses to a maximum, major medical expenses (with a yearly deductible of $10 for an individual and $20 for a family)), a dental plan, etc. In fact, many of the benefits specified by Mr. Clarke in his reference to Dhunna and Bush’s article (“much else beside”) are included in the collective agreement. ,

(I ended up operating a machine, at first part of the soaker from the end where the cleaned bottles come out of the soaker as well as the EBI (electric bottle inspector), and then when there was technological change, just the EBI unit (and maintaining the line going into the filler free of glass).

Did I receive a decent wage? What of the surplus value that had been used in previous rounds of accumulation that were used to further exploit us? Should not these facts be  taken into account when judging whether there is anything like a decent wage? Apparently not. 

Conclusion

Mr. Clarke refers to exploitation and capitalism often enough, but he then conveniently forgets about it when he refers to “decent wages.” Mr. Clarke is anti-neoliberal but not really anti-capitalist–despite the rhetoric to the contrary. A real anti-capitalist perspective would never refer to any wage as decent–or for that matter any work that involves working for an employer as decent work. 

In a follow-up post, I will critically analyze Mr. Clarke’s references to “economic coercion.” I may or may not integrate such  an analysis with a critique of Mr. Clarke’s criticisms of a basic income. 

 

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?

Striking Brewery Workers and a Fair Deal or Contract (Collective Agreement): The Impossible Dream

I thought it might be useful to paste a short conservation I had on Facebook concerning locked-out brewery workers:

February 26 2021 at 1:50 p.m.

 

Thank you to everyone who has shown support for us during this lockout.
As essential workers, we were pretty shocked to be put out on the street since bargaining was progressing. Your solidarity is very important to us and will help us get back to the table with Molson Coors to negotiate a fair deal[my emphasis] for all of our members.

 

Keep the solidarity coming!

 

What is a fair deal? How can any collective agreement express a fair deal when workers (including brewery workers) are used as things for other people’s benefits?

 

 

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Author
Fred Harris

 i hear you, a fair deal would be a planned economy and a transition to socialism, but workers need means to keep from pauperization between revolutionary upsurges. I would also tend to think worker associations would still be relevant in a communist society to advocate for specific industries and sectors. But you are definitely hitting on something.

The issue is not that workers need to construct organizations of defense against the rapacious and oppressive power of employers; of course they need to do so. The issue is: Why is it that the reps in such defensive organizations time after time then turn around and claim that defensive measures (such as a collective agreement) are then idealized by claiming that all workers want is a fair contract.
On my blog recently, I posted a collection of quotes from CUPE reps that claimed that collective agreements were fair. I will, in the future, find and post similar claims by the next largest union–Unifor.

 

Socialists need to constantly criticize such idealization of collective agreements since fairness cannot be achieved in such terms.; it is an illusion.

 

Collective agreements are, certainly, in general better than no collective agreement–but fairness is not one of their characteristics.

 

Unless of course the implicit or explicit management clause is also fair–which requires workers to follow orders and transfer some of their decision-making power to the employer and reps of the employer. I have also provided on my blog many examples of management clauses that specify the general power of management in relation to work and workers.