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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SOLIDARITY RALLY HIGHLIGHTS NEED FOR WORKING CLASS UNITY

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

A Case of Silent Indoctrination, Part Four: The Saskatchewan History Curriculum and Its Lack of History of Employers and Employees

This post is a continuation of  previous posts on the Canadian history curriculum.   The background to the post is provided in that first post (see A Case of Silent Indoctrination, Part One: The Manitoba History Curricula and Its Lack of History of Employers and Employees).

But just a reminder: the research question is: Does the history curriculum (or, if not available, the social-studies curriculum) provide much of an opportunity for students to understand how and why employers (and employees arose)?

The Saskatchewan curriculum, though it is a pdf file, is non-searchable. Consequently, I contacted Brent Toles, of the Saskatchewan Ministry of Education, and he recommended that I look at units two and five of the Canadian Studies 30—History curriculum, unit two of Canadian Studies 30—Social Studies curriculum and unit two of Social Studies 10. Since my methodology involves limiting the research, as far as possible, to the Canadian history curriculum, I limited the non-computer-assisted search to units two and five of Canadian Studies 30. I did not, of course, use the regular search terms, but scanned the two units for any relevant material that may answer the research question.

The history curriculum contains little that would enable students to answer the question. In the nineteenth century, much of it has to do with the realization of a Canadian nation, with references to the national economy without any qualification as to the kind of economy it was becoming. There is reference to interest groups on page 206, and the possibility of variable influence, but the kinds of interest groups (such as employers or trade unions) is left unspecified. On page 210, it is noted that York, Montreal and Hamilton grew as people migrated there in search of employment in expanding manufacturing. No reference to exploring why workers would migrate (the conditions for workers to migrate in the sense referred to is the deprivation of independent means for survival—the formation of a working class) and no reference to exploring the conditions for such an expansion of employment (the creation of a capitalist class, or a class that owns and controls the means or conditions for workers to work and hence to live) is provided.

An implicit naturalistic explanation of why workers worked for employers is offered when it is noted that the Canadian Shield did not offer the best land for immigrants to become farmers. Some French Canadians migrated to New England to work in factories or worked in lumber camps or sawmills in the Canadian Shield. Who owned the camps and mills and why they did so is not even mentioned. Of course, a teacher who already knows the history of employer-employees relations could guide students, but since there is general silence about the historical origins of either class, it is unlikely that teachers would bring up the subject.

On page 212, there is a reference to Montreal’s business elite, but there is no explanation or reference for further exploration of how and why they became the business elite. On page 217, there is a reference to economic interests possibly forming the basis for influence, but what “economic interests” means is left vague. On page 219, there is a reference to regional economic power as the basis for national influence, and there is a reference to the government awarding contracts that influence levels of employment and industries in a region, but the issue of why and how employers emerged in Canada is simply ignored. On page 232, there is a reference to one of the problems with open voting, where a voter had to declare their preference openly: employers often coerced employees into voting according to their will. Why employers were not subject to the democratic process of control by workers is not even hinted at. (Indeed, if employers were subject to direct democratic control by workers they would not be employers at all since employers by their very nature have to have dictatorial powers over employees—the curriculum writers implicitly avoid having students explore the specific kind of property relations characteristic of the employer-employee relation and the power employers have over employees.)

On page 234, it is noted that the Canadian Manufacturers’ Association was created in 1874 and that employers employed 180,000 employees in manufacturing in 1871. There is no suggestion of exploring why and how they could employee so many workers. It is noted that they form a powerful “interest group,” but a group that daily controls the lives of 180,000 workers is more than just a powerful interest group. It is a class that dictates, on a daily basis, the lives of the working class for the purpose of ever accumulating profit.

On page 242, the authors note that powerful manufacturing interests supported national railway development and that the CPR was granted, among other things, exemption from paying taxes. There is a possibility for some exploration of how and why such powerful manufacturing interests arose, but it is hardly a focal point. The same could be said of the reasons why the CPR would be granted exemption from paying taxes. On page 244, the authors express their fetishistic understanding of the nature of capitalist relations by claiming that, in order to build the railway, it was necessary to import both capital and labour. Since capital is a relation and not a thing (a relation where a minority monopolize the conditions of livelihood of the majority who work for them through exchange relations), the importation of capital and labour could not occur unless workers had no means by which to live in the first place and another class had a monopoly of such means. No mention of this condition is provided.

On page 256, there is reference to the fact that most women worked as domestics but, by 1900, half of the textile workers were women. There is no distinction made between the two, but domestic workers, despite being hired, worked for someone at a personal level whereas work in a capitalist factory involves working for an impersonal employer whose primary concern is obtaining as much profit as possible in the shortest period of time and at the lowest possible cost. The authors of the curriculum do not even make such a vital distinction and thereby do not enable students to gain a proper understanding of the dynamics of a capitalist system and why the present life system is the way it is. They do a disservice to students.

On page 506, which is in unit 5, there is reference to the attempt to gain equal opportunity. Such a view does not address how equality of opportunity is to be obtained in the context of the power of employers to decide, to a large extent, where, when and how much to invest and accumulate. Equality of opportunity among workers means, essentially, leveling the playing field so that they can compete against each other as far as possible on equal terms—it does not mean the elimination of competition among workers, which has been one of the aims of unions historically.

On page 528, there is a reference to the waves of immigrants and the fear that this posed among workers that they would face stiff competition from such workers on the labour market. However, there is no indication that students should explore why a labour market existed in the first place—its conditions and consequences for the kind of life Canadians and immigrants were living. It is noted that the government was unconcerned about the concerns of workers about competition from other workers, but there is little exploration of why workers would be so concerned about such competition in the first place—their economic dependence on employers for a wage for their own existence and the maintenance of a standard of living that could be undercut through such competition.

On page 540, the neo-conservative (and neoliberal) ideology of the marketplace is mentioned, and yet the implications of a market economy—that workers become commodities and have to sell their capacity to work on the market since they do not own the conditions for producing other kinds of commodities—is not mentioned at all. On page 548, there is reference to increasing unemployment in the late 1970s and early 1980s—but who makes the decision to increase unemployment, why they make such decisions and why they have a monopoly over such decision-making power is not explored.

On page 550, it is noted that multinational corporations have increasingly been able to influence the decisions made by governments, but students earlier had not been given the opportunity to explore how and why national corporations earlier had influenced government; students would not unlikely perceive the continuity between present conditions and past conditions.

Reference on page 550 that globalization has led to restrictions on national sovereignty also are not linked to the daily restrictions on sovereignty of workers who are under the control of unelected employers, directly through supervisors or technology or indirectly through the power to hire and fire. It is also noted on the same page that multinational corporations have more than double the wealth of all nations’ central bank monetary reserves and international monetary institutions together, and yet it is not mentioned that the combined wealth of Bill Gates ($46.5 billion) and Warren Buffet ($44 billion), in 2005, added up to 90.5 billion, not much less than the wealth of 40 percent (120 million) of the total U.S. population, or $95 billion (Chrysia Freeland, Plutocrats: The Rise of the New Super Rich and the Fall of Everyone Else (2012), p. 15). Nor does it mention that the Thompson family is one of the richest Canadian families (around $20 billion).

The Saskatchewan history curriculum, therefore, does not provide much of an opportunity for having students understand how and why employers and employees arose. The so-called left are oblivious to the problem. Is this not a problem?