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

In the last post in this series, I pointed out that before I obtained a so-called permanent teaching position , I worked for a number of years as a substitute teacher (with short periods of term teaching positions). I became an executive member of the Winnipeg Teachers’ Association (WTA) (in the province of Manitoba, Canada), representing substitute teachers.

The WTA had an education fund for the executive, where each member, if approved by the executive, could access up to $3,000 for educational purposes. A condition for obtaining such funds was a summary of the educational experience and its publication in the WTA newsletter.

I used this situation as an opportunity to criticize the limitations of the educational experience.

Below is a copy of the critical summary of my educational experience (written in 2008):

A Philosophical (Critical) Commentary on the Mel Myers Labour Conference, March 12-13, 2008

A third speaker, Professor Guard, provided a welcome contrast to the one-sided emphasis on legal relations. She outlined how the rights of workers and of others depended on the labour movement becoming involved in wider struggles for social justice. From such struggles, the right to universal medicare, unemployment insurance, pensions and various other basic rights (which have been attacked during the past three decades) emerged through struggle—both legal and illegal. Indeed, the modern collective bargaining regime emerged in part on the basis of illegal strikes, forcing employers to recognize the union of the employees’ choice.

As Professor Guard noted, the way in which workers will expand their rights is not mainly through legal provisions but through organizing themselves effectively and through struggle. Legal provisions are mainly a consequence of such struggles and not their presupposition; such provisions can reinforce organizational forms and struggles already taking place. They cannot replace them.

Although Professor Guard did not address the issue, all legislation implicitly presupposes the legal right of employers to control employees or to use human beings for the ends of the group called employers—contrary to the ethical categorical imperative of Immanuel Kant, a German philosopher, to treat all human beings as ends in themselves. Even human rights legislation presupposes the legitimacy of treating human beings as means to the ends of employers.

Given the limitations of legal relations, it is curious that a conference that was advertised as “management free” had as its keynote speaker at lunch on March 12 Gail Asper, who spoke on the importance of the Canadian Muesum for Human Rights, located in Winnipeg. According to the 2005 Annual Report of CanWest Global Communications Corp., of which Gail Asper is a director and corporate secretary, total assets of that employer exceeded 5 billion dollars. To what extent Ms. Asper could be considered sympathetic to the daily concerns and needs of employees, including those of teachers, should be queried. Furthermore, by profession, she is a lawyer. Given these two facts, it is unlikely that she would engage in critical thinking about the legal system or the economic structure of society, which is largely characterized by the economic dependence of most who work on employers.

Despite these major limitations of the Conference, it was useful to gain technical knowledge of problems associated with collective bargaining since they are indeed problems that employees, including teachers, face or will face.

I chose three sessions for March 12: Mistakes to Avoid, Pension Update and Trends in Retirement. The session on Mistakes to Avoid involved some tips on how labour representatives can avoid problems in grievance handling. For example, they should play the devil’s advocate and question thoroughly the potential griever or witness to ensure that all relevant facts are elicited before deciding whether to proceed to arbitration.

The bottom line of the Pension Update was that if benefits are to remain constant, then contributions will have to increase since the rate of interest has decreased substantially and the longevity has increased. Alternatively, benefits will have to decrease if contributions remain constant.

The Trends in Retirement session pointed out that income-tax law has recently changed to allow a person to work, draw a pension and still contribute to the pension.

The morning session for all participants on March 13 dealt with safety in the context of emergency situations, such as a gun-toting person at a university campus or at a high school. A model was presented, emphasizing the need for a comprehensive and active inclusion of all relevant persons involved in a possible crisis situation.

I chose two independent sessions for the day: selection grievances and duty of fair representation. In the first session, it was emphasized that selection of employees for specific positions is one of the most difficult areas for unions to win a grievance since arbitrators are loathe to interfere in managerial power to select.

In the second session, most unions have been found guilty of breaching the duty of fair representation of members when they have not properly investigated a grievance. As long as they do so, it is unlikely that the Labour Relations Board will find a union to have breached its duty—even when it is wrong.

The final session for all participants referred to the top ten cases of 2007. In one case, an employee with ten years seniority posted an award of $500 to pie the CEO. The employee persistently attempted to excuse the act through subterfuge. The employee did not apologize, and the arbitrator found the employee dishonest. The termination was upheld.

This case gives one pause to thought. The employee, it was implied, should have immediately apologized and admitted guilt since arbitrators recognize remorse as a mitigating factor in determining the level of discipline. However, there is a difference between suggesting that the employee, out of prudence, should have outwardly acted remorsefully and actually feeling remorse. There was no discussion of why an employee would want to pie the CEO or whether many other employees in many work places would want to—secretly—pie the CEO or at least some of the supervisors and managerial staff.
This case exemplifies the limitations of the Conference.

Fred Harris, executive member

 

 

Academic Narrow-mindedness: A Reason for Starting a Blog, Part Three

This is a continuation of a previous post.

Before I started this blog, I had sent an article critical of the implied concept of “free collective bargaining.” The article was rejected for publication. Given that the reasons for rejecting the article seemed absurd, I decided to skip the academic process and post directly my views. This seemed all the more necessary since the journal that rejected my article is called Critical Education.

Since I believe in the politics of exposure (exposing the real nature of social processes and not the rhetoric of such processes), I thought it would be appropriate to post my proposed article, the criticisms of my article by the reviewers and my commentary on their criticisms.

The proposed article is found in the Publications and Writings link on my blog, entitled “Critique of Collective Bargaining Models in Canada.” (There is a slight difference between the article submitted to Critical Education and the one found at the link: the article submitted to Critical Education contains an abstract, which I include below, and the title of the proposed article was changed to: “A Critique of an Implicit Model of Collective Bargaining: The Nova Scotia Teachers’ Strike and a Fair Contract.”

Abstract

This paper looks at Brian Forbes’ presentation of the recent Nova Scotia teachers’ strike in order to analyze critically the nature of collective bargaining in a capitalist context. Forbes shows the underhanded nature of the McNeil government’s supposed negotiations, but he implies (like many trade unionists) that collective bargaining, in its normal form, results in a fair contract. The paper argues against this view. It does so in two ways. Firstly, it looks at Jane McAlevey’s alternative method of collective bargaining. Secondly, it looks at the limitations of her method in terms of the capitalist economic structure—especially as am exploitative and oppressive structure that transforms workers into means for others’ ends. A humanist view, by contrast, requires that human beings need to be treated as ends in themselves in a democratic fashion at work. Such a view, however, is rarely discussed precisely because the rhetoric of a fair (collective) contract in the context of the collective power of employers prevents such discussion from occurring.

Key words: teachers, collective bargaining, capitalism, exploitation, oppression, strikes, justice, fairness, Nova Scotia, Jane McAlevey

The decision to reject the article, the short version of the third review (there is a long version of the third review, but I will not post that–it would be tedious to reply to all of reviewer C’s comments) as well as  my comments on the third review.

We have reached a decision regarding your submission to Critical Education,
“A Critique of an implicit model of collective bargaining: The Nova Scotia
teachers’ strike and a fair contract”.
Our decision is to: Decline submission.

Three external reviewers supplied reports (see below); I have also attached
the file with the marginal comments of Reviewer C.

All three reviewers see potential in the manuscript and each recommends
major revisions are necessary before the manuscript is ready for
publication. The comments are the reviewers are quite detailed, but in short
I believe it’s fair to say they all agreed that further theorizing and
deepened/more sustained analysis of events are necessary.

I hope you find the feedback from the readers helpful as continue to work on
this project.

Yours truly,

E Wayne Ross
Co-Editor, Critical Education
University of British Columbia
wayne.ross@ubc.ca

Reviewer C begins his comments as follows:

Reviewer C:

“Please see the uploaded document for my complete review of the manuscript. Review of manuscript: “A Critique of an Implicit Model of Collective Bargaining: The Nova Scotia Teachers’ Strike and a Fair Contract”

The manuscript has potential; however, it requires major rewriting. The present manuscript lacks a clear focus and coherence. The author implies that the focus of the paper is the Nova Scotia teachers’ strike and Brian Forbes’ perspective about collective bargaining in relation to that struggle. However, there is very little content in the article that addresses the NS teachers’ struggle, the collective bargaining process, or the ‘collective agreement’ that was the outcome.”

The academic did not even understand the point of the article. I hardly implied “that the focus of the paper is the Nova Scotia teachers’ strike and Brian Forbes’ perspective about collective bargaining in relation to that struggle.” The focus of the article is on Brian Forbes’ perspective on collective bargaining in general as illustrated by his implied view of the fairness of collective bargaining in the case of bargaining and the breach of that form of what he considers fair collective bargaining by the Nova Scotia government.

The Nova Scotia teachers’ strike was an occasion to critically analyze a general perspective on collective bargaining by a former head of the Nova Scotia teachers’ union. This perspective, in turn, is illustrative of many trade-union representatives in Canada, such as Tracy McMaster, president of Greater Toronto Area Council (GTAC), to which are affiliated 35 local unions of the Ontario Public Service Employees Union (OPSEU)), who referred to “decent work” and “fair wages” as something realizable in an employment relationship.

To be fair to the reviewer, in his long review, he does at one point correctly identify the point of my article: I wrote, on page 23:

Free collective bargaining cannot remedy the basic problem of treating human beings as means or things for others’ purposes

He wrote:

This seems to be the central thesis. Why not present this early as the focus the paper?

Part of what I was trying to do was indeed to show that collective bargaining and collective agreements cannot remedy this situation. However, since trade union representatives often claim that a contract is fair (even if they do not explicitly state it), my purpose was to criticize this implicit assumption. As I said near the beginning of the article:

The purpose of this article, though, is not to review the articles in the journal. Rather, it is to point out and criticize the hidden standard that is uncritically assumed by most of the authors of articles in the journal.

The reviewer fails to consider the need to criticize explicitly such hidden standards:

Indeed, only a paragraph is quoted in the words of Brian Forbes and the quote does not say what the author says it does. Forbes states that negotiating a contract with the full participation of the negotiating teams of both parties, instead of through backroom deals, would be an approach more likely to result in an agreement that both sides could live with. He was speaking about the process of collective bargaining, but the author claims that Forbes is referring to the outcomes of the process—the contents of the agreement. There is no evidence that this is the case.

This too is inaccurate. I explicitly state that the purpose of the article:

The purpose of this summary, however, is to provide the background for a critique of the implicit assumption by Forbes (and many of the other authors of the spring/summer edition) that the typical model of collective bargaining and the corresponding collective agreements constitute something that is fair or just to the members of the contract.

Process (collective bargaining) and product (the collective agreement) are both seen as limited, with the inadequacies of the process being reflected or expressed in the inadequacies of the product.

But let us look at my quote of Brian Forbes, or rather both what I wrote before the quote, the quote itself, and what I wrote immediately after the quote.

What I wrote before the quote:

The first question to ask is: Who is Brian Forbes? The brief biography at the end of the article provides a summary: “… a retired teacher. He taught for 30 years in Amherst and Yarmouth, Nova Scotia before serving as President of the Nova Scotia Teachers’ Union from 2000 to 2004” (2017, 29). The second question to ask is: What standard or criterion does he use to criticize what happened in Nova Scotia? A quote in the Herald News (Gorman, 27 November 2015) indicates what that standard is:

My quote of Brian Forbes’ statement:

What we suggest would be a reasonable way out is that the union … would say to the government, ‘There’s a lot of opposition to what has been presented to the members and very well may not pass and we should go back to the table, engage in proper collective bargaining, give the process time to work, discuss the issues that you said you want to discuss and try to arrive at something that we can both live with,’” said Forbes’.

What I wrote after the above quote:

The implication is that bargaining should occur through the bargaining teams ([quote of Brian Forbes’ statement] ‘engage in proper collective bargaining’). Further evidence of what Forbes believes is a legitimate or fair collective bargaining process is his statement in an information release from the South Shore District School Board, dated April 28 2003, when Forbes was president of the NSTU:

NSTU President Brian Forbes said, ‘The negotiations were conducted in a very professional manner, the resulting agreement was achieved in a timely fashion and teachers are satisfied with the results. I believe this agreement will not only benefit the South Shore District School Board and its teachers but, most importantly, the students.”

Indeed, the reviewer is correct to point out that Mr. Forbes is referring to the process of collective bargaining:

 Forbes states that negotiating a contract with the full participation of the negotiating teams of both parties, instead of through backroom deals, would be an approach more likely to result in an agreement that both sides could live with.

Forbes, unlike the reviewer, is not only referring to the process, but is implying that the process of collective bargaining in general leads to results that are fair. How else could “both sides live with it?” If one of the sides does not believe the agreement is fair, why would they comply with the provisions (except due to a consciousness of being forced to comply with the collective agreement)? Forbes , when he was president of the NSTU, links “the professional nature of the collective bargaining process” to the agreement being realized “in a timely fashion” and to teachers being “satisfied with the results.” Process and product are united. If the process is tainted (as it was in the case of the McNeil government), then the product will be tainted as well. Mr. Forbes does not explicitly state this, but it can be inferred from what he wrote. Such a connection between “free collective bargaining” and “fair contracts” (product) is constantly made by trade union reps either implicitly or explicitly.

The reviewer continues:

The preamble masks the real focus of the article, which is (apparently) a critique of the industrial model of labour-management relations and, in particular, a critique of business unionism within that model. At certain points, the manuscript becomes a critique of capitalism.

I explicitly stated, in the second paragraph, the following:

The purpose of this article, though, is not to review the articles in the journal. Rather, it is to point out and criticize the hidden standard that is uncritically assumed by most of the authors of articles in the journal.

That hidden standard, as I attempt to show, is the legitimacy or fairness of both collective bargaining as process and product—which is a legitimization of capitalism and the power of employers as a class.

The critique is hardly just of “business unionism”–but of unionism as an ideology that the left and the labour movement never questions.

The reviewer continues:

The problem is not only lack of clarity about the central argument, but the way in which the manuscript rambles and sometimes goes off on tangents that seem unrelated to the argument. Concepts and theories are not clearly presented (e.g., McAlevey’s ideas) and that leaves the reader floundering while trying to identify and understand the author’s argument.

Since the reviewer’s critique both distorts the nature of article and fails to understand the argument, I will leave it up to the reader to determine whether “the manuscript rambles….”

The reviewer continues:

Some of the claims made in the manuscript are not well supported. For example, the author claims that union leaders represent the voice of employers, not the voice of union members.

I never implied that. Unions are often contradictory, with elements that oppose particular employers in diverse ways. However, they generally accept the power of employers as a class, and that acceptance is expressed in diverse manners.

The reviewer continues:

I think he means to say that if a union operates under a business unionism model, the union leaders’ perspective about the labour-management relationship is likely to be skewed in favour of management’s interests.

This way of putting it is itself likely to be interpreted in a skewed manner. “Management’s interests” is often tied to a particular interest (this particular employer and this particular management structure). Unions have to deal with this particular structure, but my focus is on management’s interests as class interests and their representation of the power of employers as a class—and the ideology that expresses such interests—such as the so-called legitimacy of collective agreements.

The reviewer continues:

If the argument is that the NSTU operates according to business unionism, then this should be stated and supported with evidence. Making a generalization to all unions is wild and unjustifiable.

Hardly. Various posts on this blog express the hostility of unions (whether “business unions” or “social unions”) to my views.

Another example is the author’s assumption that all workers belong to a single class—a Marxist argument that has criticized and long-since debunked. It presents an overly simplistic representation of modern day capitalism.

This view that all workers belong to a single class as having been debunked is written from a purely academic point of view, of course. What would this academic do when faced with workers in the private sector and in the public sector—if s/he aimed to oppose the power of employers as a class?

Initially, as Geofrrey Kay and James Mott imply in their work: Political Order and the Law of Labour, those who work for an employer can be considered as part of the working class since they are economically dependent on a wage. The elimination of certain wage workers from consideration of the working class organizationally can then proceed; for example, one of the major functions of the police is to protect private property in general and capitalist private property; organizationally, they oppress the working class and cannot be considered part of it. Another group are managers. Some have the objective or material function of coordinating work, but this coordination is overlaid by their function to exploit and oppress workers.

In the private sector, part of their work makes pulls them towards the working class and part towards the class of employers; some of their work contributes to the production of surplus value and part of it to the extraction of surplus value.  In the public sector, bureaucratic and financial pressures also function to have managers pressure workers to work more intensely. Organizationally and partially objectively, they are not part of the working class.

I recommend to the author that he focus his paper on problematizing the taken-for-granted assumptions about collective bargaining, especially in the public sector, and especially in an era when governments have decided to use their legislative power to legislate so-called ‘collective agreements.’

The point of the essay is to question the legitimacy of collective agreements even if the best-case scenario of respect for the process of collective bargaining and respect for its product, the collective agreement. To introduce the issue of back-to-work legislation would only cloud the main issue. The critique fails to understand the target of my criticism.

The reviewer continues:

If the argument is that the industrial model of labour-management relations does not (and possibly never did) work well for teachers and other workers, then focus on that.

Again, the argument is that no collective-bargaining process as such has definite limitations—limitations which the social-reformist left do not recognize or discuss. This academic’s own failure to understand the point of the essay illustrates this.

The NSTU case might be an example of the dysfunction of the arrangement but would not be the central focus of the manuscript. I recommend that the author read Tangled Hierarchies by Joseph Shedd and Samuel Bacharach to gain background information about the settlement between teachers and their employers that happened decades ago and what its implications are.

Any reference may be relevant. I will read this when I have the time. However, I will undoubtedly draw different conclusions than this academic if I do read it.

The reviewer continues:

Finally, if the present system of labour-management relations does not work, what does the author think should replace it? If the author believes that workers should have agency or control over their working lives, what would that look like?

To require this in an essay is absurd. One of the first things to do is to criticize the existing situation. What will replace this system is a related issue, but it can hardly be divorced from the definition of the problem. In other words, solutions are functions of problem definition.

The reviewer continues:

“What would be the pros and cons of such a model and for whom?”

What a stupid way of looking at the world—as if it were a question of listing the pros and cons and checking them off. For workers who work for an employer, being treated as a thing is the con; all other pros can hardly compensate for this treatment of human beings as things. Perhaps this academic would do well to consider whether her/his question would be appropriate in the context of the master/slave relation. Imagine if an academic asked the following question about slavery: “What are the pros and cons of such a model and for whom?”

As for what it would look like, I have specified that in posts what an alternative might look like (see for instance Socialism, Part One: What It May Look Like) but such a discussion would require much more space than that allotted by the journal, as I indicate in a previous post.

I suspect that one of the ways in which academic reviewers limit the publications of those with whom they disagree is by this method: the author, they claim, should have included such and such—whereas journals generally impose strict limitations on the length of journals.

The author needs to take into consideration that the public sector involves many stakeholders, not just employers and employees.

Firstly, who are these “stakeholders?” The concept of “public sector” independently of the employer-employee relation has no meaning in a capitalist context.

Secondly, in her/his detailed comments, s/he mentions “social justice for children, social justice for taxpayers, social justice for society.” The author simply assumes that the status quo will continue to exist.

In a society without employers, the tax structure would be very different (if taxes would exist at all)–a subject for debate). In a society without employers, the school structure would be very different, with a far greater integration of physical and intellectual activities than exist at present—the abolition of the division of labour between physical and intellectual (and artistic and aesthetic) activities. In a society without employers, society would be very, very different.

“How do we achieve social justice in a complex system? And social justice for whom? Should the rights of workers trump the rights of others?”

That of course would be up for negotiations, but workers are the “front-line” class who face employers directly. Other groups, as Tony Smith implies (Globalisation: A Systematic Marxian Approach) would definitely have their interests represented in a socialist society (which I have outlined in other posts), but the leverage for eliminating the class of employers and the social structures corresponding to their power must come from somewhere, and workers, being the front-line class which both positively faces the power of employers and negatively can oppose that power through their organization, are key. However, this is not the concern of this undoubtedly social-reformist leftist.

The reviewer continues: 

I recommend that the manuscript be rewritten and resubmitted for review. I have attached the manuscript with more detailed feedback.

Since I refused to rewrite according to the criticisms of these academics (undoubtedly some of the writing could have been improved—as can all writings), I decided to eliminate these “middle-(wo)men” and start my own blog. It is obvious that most so-called leftist academics lack a critical attitude towards the society in which we live. I naively expected more from a journal with the title Critical Education. What is meant by “critical” in the title is critical according to social-reformist criteria.

I should have been wiser; when attending university, when the professor was sympathetic to my views, I generally obtained better grades; when they opposed my views, I received worse grades. I also had my experience as a Marxist father to go by (see for example A Worker’s Resistance to the Capitalist Government or State and its Representatives, Part One).

Although workers’ experiences are hardly the last word, they should also form an essential part or any “Critical Education”–but the reviewers of my article obviously consider their academic backgrounds to be superior to anything workers’ experience on a daily basis at work–even in unionized settings subject to collective bargaining and collective agreements.

Reimagining the Same-Old-Same-Old: Lakeshore School Division’s Reforms as an Example of School Rhetoric, Part Two: The Bias of Educational Research

In the last post on this topic (Reimagining the Same-Old-Same-Old: Lakeshore School Division’s Reforms as an Example of School Rhetoric, Part One)  , I looked at the school rhetoric that surrounded school change in a particular school division in Manitoba, Canada: Lakeshore School Division, by looking at the different phases of the “reform process” of school change in the school change project “Reimagine Lakeshore.” This post will look, critically, at some of the rhetoric involved in publications surrounding this reform process.

Jacqueline Kirk and Michael Nantais wrote an article titled “Reimagine Lakeshore: A School Division Change Initiative for the Twenty-First Century”  (in pages 317-342, Educating for the 21st Century:  Perspectives, Policies and Practices from Around the World, Suzanne Choo, Deb Sawch,
Alison Villanueva and Ruth Vinz,  Editors).The authors are hardly uninterested researchers. They themselves participated in the Reimagine Lakeshore project. From page 337:

A key part of the Reimagine process was the use of action research. Each year,
schools, teams of teachers, and individuals could apply for funding to pursue an
innovation in one of three pathways. Two university researchers, the authors, supported these projects.

The authors assume, throughout their review of the process, that the modern school system only needs to be reformed–not restructured in a radical manner to meet the learning needs of children and adolescents by integrating their nature as both  living beings and as intellectual/spirital beings (which is what The Dewey School in Chicago tried to do between 1896 and 1904). They assume, in other words, that children’s and adolescents’ learning needs are mainly symbolic and academic (see “Is the Teaching of Symbolic Learning in the School System Educational?” in the Publications and Writings section of this blog, found on the home page, for a critique of this view).

This lack of critical distance from the modern school system is reflected in their persistent positive evaluation of the project. They use the noun “excitement” several times in describing the reaction of the employees in the Division to the project. From page 334:

Data analysis indicated a high level of engagement and excitement [my emphasis] throughout the school division, particularly in the first phases of the Reimagine process. While direct involvement of teachers and administrators in the process was voluntary [my emphasis], approximately 67 % of survey respondents at the end of the second year (61 % response rate) indicated medium to high levels of participation, and only 11 % reported no participation.

As I argued in my last post, “Teachers are employees and thus subject to the economic pressure and influence of their employer.” The authors simply accept the claim that “direct involvement … in the process was voluntary.” What would happen if most teachers did not participate in the process? Did some teachers feel coerced economically or socially in any way to participate due to their situation as employees? The authors are blind to such a question. They assume throughout that participation was voluntary merely because it was declared to be voluntary.

This lack of critical distance can be seen in other things they wrote. For example, from page 336:

Much of the excitement across the division seemed to arise from the culture of trust
and risk-taking that was encouraged and nurtured.

Again, how trust can really emerge in the context of being an employee, on the one hand, and the employer on the other (represented by principals and superintendent) is beyond me. It is as if the economic power of the employer simply did not exist. Such a view, however, is consistent with the indoctrination typical in Canadian schools (see, for example, A Case of Silent Indoctrination, Part One: The Manitoba History Curricula and Its Lack of History of Employers and Employees).

As for risk-taking, the following is supposed to express an environment of risk-taking. From page 331:

The school division supported the plans with necessary resources and freedom to
experiment without the fear of failure. This support was exemplified when a school
trustee stood and stated, “The board is behind you. We want you to try some things
in your classrooms; if those don’t work, try some other things. It’s OK to fail.”

Firstly, merely saying that failure is acceptable can hardly compensate for the economic power that an employer actually holds. Teachers know that. experiments were to occur always within the confines of the power of the employers over their heads. Secondly, even if teachers felt that they could experiment, the experiment was always defined in terms of the modern school system. The following is thus pure rhetoric. From page 336:

One focus group participant explained that the division gives them “permission to think outside of the box, permission to try new things, to fail forward, to take chances and to take risks . . . I think that’s really powerful.”

To think outside the box–within the boxes called the modern school system and the curriculum–such is the limits of “risk taking” and “permission to fail.” The process was rigged from the beginning. That some teachers fell for the rhetoric is probably true, as the quote above shows, but this does not change the fact that it is school rhetoric that hides the reality of the limited changes possible in “Reimagine Lakeshore.”

The authors refer to several researchers in justifying their views. Let us take a look at one of their references: Michael Fullan. Mr. Fullan has written several works on educational change and school leadership. His arguments are couched in terms of the modern school system, with proposed changes being merely modifications of the modern school system–like “Reimagine Lakeshore.” Since some of the schools in Lakeshore School Division (such as Ashern Central School) are similar to urban inner-city schools (with parents whose income is relatively lower than the average), the criticism of Fullan’s approach by Pedro Noguera, in his article titled “A critical response to Michael Fullan’s ‘The future of educational change: system thinkers in action,'” Journal of Educational Change, Volume 7, is appropriate. From pages 130-131:

… by neglecting to discuss context, and by that I mean the reality of social and racial inequality in the US (or for that matter Canada and the UK) and its effects on school performance, Fullan inadvertently contributes to the narrow, de-contextualized, ‘‘blame-the-victim,’’ thinking that characterizes much of the scholarship and policy in the field of education. In the field of education, generalizing about what schools or educational leaders should do to promote successful practices and higher levels of achievement, simply does not work given the ‘‘savage inequalities’’ (Kozol 1991) that characterize American education.

At the most fundamental level, the educational leaders in impoverished areas must
figure out how to get those who serve their students—teachers, principals, secretaries and custodians, to treat them and their parents with dignity and respect. This is an especially great challenge because in American society, the institutions that serve poor people are rarely known for quality service.

Mr. Noguera’s own approach is itself, of course, limited since he refers to school bureaucrats as educational leaders–as if they were not part of the problem. Nonetheless, he does recognize that neglect of consideration of the social and economic conditions of most students and their parents is typical of school reform.

Fullan in turn criticizes Noquer’s own critique: Michael Fullan, “Reply to Noguera, Datnow and Stoll, Jan 2006,” Journal of Educational Change, Volume 7. Mr. Fullan’s response to Mr. Noguera’s critique is hardly adequate. From page137:

I have two main disagreements with how Noguera positions his argument. First, he
assumes that my eight elements of sustainability are only conceptual. What could he have thought I meant by the ‘‘in action’’ part of ‘‘System thinkers in action?’’ From where did he think I derived the main elements? In fact, these elements of sustainability consist of conclusions from my own and others’ work on the very problems Noguera brings to the fore. All eight, starting with the first, moral purpose, are devoted to matters, strategies, actions focusing on raising the bar and closing the gap in student achievement. The majority of the work involves working with schools in disadvantaged circumstances, and none of it is distant research let alone abstract theorizing. It all concerns working in partnerships with schools, districts, and states ‘‘to cause’’ improvements relative to the very issues highlighted by Noguera. I can see how he might have been misled and frustrated by the broad strokes in my paper, and I should have used some concrete examples (see Fullan, 2006), but to interpret what I said as merely theoretical misses the action-basis of my message.

There are many problems with this response. Firstly, the claim that Mr. Fullan’s model for school change is grounded in real schools that existed in “disadvantaged circumstances” in order to “raise the bar” and “close the gap in student achievement,” as already noted, merely assumes that “non-disadvantaged” schools form the standard for judging whether the reformed schools have ‘raised the bar” and “closed the gap in student achievement.” In other words, Mr. Fullan accepts the present modern school system as adequate for meeting the learning needs of students. This is hardly the case.

Secondly, is there proof that students from schools in disadvantaged areas, even with such school changes, can actually “raise the bar” to the level of the assumed “non-disadvantaged” schools and “close the gap in student achievement?” Thirdly, even if that were the case, there would still be competition between graduates for jobs on the market for workers–and the market for workers would sort them out according to the needs of employers, with some being assigned lower positions within a hierarchy of workers. Fourthly, even if there were not a hierarchy of positions, graduates as workers would still be used as things by employers (see The Money Circuit of Capital).

Mr. Fullan also pulls the old trick out of his hat of arguing that it is necessary to offer solutions to identified problems rather than just criticism. From pages 137-138:

The second problem I have concerns Noguera’s failure to offer any solutions or even
lines of solutions to the critical issues he identifies. He devotes several paragraphs to a series of tough questions, such as, ‘‘In communities like Detroit, Miami, Los Angeles and Buffalo what should schools do to meet the needs of the children they serve? What type of reading program should the vast number of inexperienced and uncredentialled teachers in Los Angeles employ?’’ and so on. There are few people in the field who are more relevant to these topics than Pedro Noguera, but if you really want to be relevant, do not just ask the questions, start providing ideas relevant to action. I know Noguera is actually engaged in such action as his great book City Schools and the American Dream (2003) attests to; I just wish he had provided some of this wisdom to the issues at hand in this exchange.

Identifying problems forms part of any necessary solution–they are not separate. Indeed, the proper formulation of a problem goes a long way towards its solution, as John Dewey, a major American philosopher of education, noted (Logic: The Theory of Inquiry, page 108):

It is a familiar and significant saying that a problem well put is half-solved. To find out what the problem and problems are which a problematic situation presents to be inquired into, is to be well along in inquiry. To mistake the problem involved is to cause subsequent inquiry to be irrelevant or to go astray. Without a problem, there is blind groping in the dark. The way in which the problem is conceived decides what specific suggestions are entertained and which are dismissed; what data are selected and which rejected; it is the criterion for relevancy and irrelevancy of hypotheses and conceptual structures.

Furthermore, conceiving solutions to problems in schools that are defined in abstraction from the problem of the existence of a market for workers and the existence of a class of employers–as Mr. Fullan evidently does–is to limit solutions to window-dressing. Systemic change in the modern school system, if needed as a solution, is excluded from the start. Solutions to problems are to sought that coincide with conditions that reflect the modern school system.

Ms. Kirk and Mr. Mantais,  in conjunction with Ayodeji Osiname,  (M.Ed. Candidate, Brandon University), Janet Martell (Superintendent, Lakeshore School Division) and Leanne Peters (Assistant Superintendent, Lakeshore School Division) presented at the 43rd Annual Canadian Society for the Study of Education (CSSE) Conference (2015) in Ottawa. The title of their presentation is: ” Reimagine Lakeshore: A Reflective Analysis of a School Division Change Initiative.” It is the same school rhetoric as analyzed in part one, so there is no point in referring further to it.

In the Manitoba Association of School Superintendents MASS Journal (Fall 2013), pages 12-15, Ms. Martell and Ms. Peters published an article on Reimagine Lakeshore titled “Excitement, Energy and Enthusiasm: Lakeshore School Division and the Process of Change.” The article is full of school rhetoric, such as “Teachers from all 10 schools in Lakeshore volunteered to work with their colleagues to imagine a different kind of classroom, with different ways to learn and to teach,” or the following (page 12):

The Challenge

In late December 2012, I l[Ms. Martell] aid down a challenge to all of our teachers, “By September 2014 we have to be doing something radically different [my emphasis] in each and every one of our classrooms. We are no longer serving the needs of our current student population.”

Obviously, their definition of “something radically different” is rather conservative. I take it that the reader will be able to determine whether the actual Reimagine Lakeshore was “something radically different” or not.

The authors provide one additional detail that is worth noting (page 13):

One of the key components of the Learning Vision has been reading comprehension.
In order to make this a reality, all teachers received professional development and support from literacy consultants in teaching reading comprehension  strategies to students. The division developed a Standard Reading Assessment (SRA) that is administered to students twice per year to track levels of comprehension and to determine areas for direct teaching. Although this presented considerable challenges, it became instrumental in shifting teachers’ thinking from the idea that teaching reading is the job of the language arts teacher to the idea that all teachers who put text in front of students are teachers of reading.

Learning to read in various disciplines is of course useful, but the focus on learning to read rather than learning about life in general and human life in particular, with reading as a means to that end, reflects what I called in one article the fetishism for literacy.

I will leave this school rhetoric for now. Students, as living human beings, deserve much, much more than this school rhetoric: they deserve the best that this society can offer all children–but that requires a radical change in social and economic conditions that are governed by a class of employers. In conjunction with such change, school changes will proceed to repair the division between human beings as living beings and human beings as spiritual and intellectual beings. That is the real radical challenge of our times–not the pseudo-challenges thrown up by school bureaucrats.

One final point: Social democrats and social reformers underestimate the extent to which it is necessary to incorporate constant criticism of such rhetoric in various domains. They thus underestimate the importance of an ideological battle not just in universities but in the community and in the workplace. The ruling class ideologues, on the other hand, persistently engage in ideological endeavours to achieve their goals. Reimagine Lakeshore is one such endeavour. Where were the social democrats? They were nowhere to be found.

Reimagining the Same-Old-Same-Old: Lakeshore School Division’s Reforms as an Example of School Rhetoric, Part One

The following is a critical look at the reforms proposed and implemented in Lakeshore School Division, in the province of Manitoba (I worked for this Division as a French teacher from 2008 until 2012). Such reforms illustrate the extent to which school rhetoric is rampant in schools these days. You would not, however, know it if you read social-democratic or social reformist articles–most of the authors talk about defending “public education this” and “public education that” without ever engaging into inquiry about the adequacy of such public education.

On December 9, 2014, in EdCan Network, Leanne Peters, Janet Martell and Sheila Giesbrecht published an article titled “Re-imagine Lakeshore: Design, Education and Systems Change” (see https://www.edcan.ca/articles/re-imagine-lakeshore/). At the time, Leanne Peters was assistant superintendent of Lakeshore School Division, Janet Martell was the superintendent and Sheila Giesbrecht was Student Success Consultant, Manitoba Education. In essence, they were all unelected (appointed) school bureaucrats.

It is full of school rhetoric that the left should criticize.

School Rhetoric of Representatives of a Public Employer

In December 2012, Superintendent Janet Martell laid out a challenge to the school division. She told staff and board that “we were no longer meeting the needs of the students in our classrooms and we need to do something dramatically different.” Teachers were working hard and they wanted the best for the students, but we just weren’t having success.

School Rhetoric, or Putting Words into Teachers’ Mouths: Ignoring the Employee Status of Teachers

The teachers agreed and we embarked on the process of “Re-imagine Lakeshore.”

Teachers are employees and thus subject to the economic pressure and influence of their employer. Did they really “agree” with this, or did they comply with this assessment? If people are coerced economically, is their “agreement” really agreement? (See my post   “Capitalism needs economic coercion for its job market to function” (Ontario Coalition Against Poverty: OCAP)  for the view that employees are economically coerced. See also Employers as Dictators, Part One).

The Re-imagine Lakeshore process was designed to examine current practice and imagine new ways to improve practice. The division collaborated with one of our co-authors, Dr. Sheila Giesbrecht of Manitoba Education, who laid out a design-based school improvement process to help guide Lakeshore’s work. Teachers listened with extreme interest as the design process unfolded.

What evidence that the teachers listened with “extreme interest?” Ms. Martell provides no evidence We are supposed to just believe–on faith–that such extreme interest existed.

Phase 1: Understand (December 2012 – January 2013)

To begin this work, teachers came together to understand their divisional context.

As employees, teachers “come together” by means of an external contractual process of employment, with the unity of the workers not being due to their coming together and willing a common goal, but through the will of the employer defining the goal independently of them. From Karl Marx, Capital: A Critique of Political Economy. Volume 1, page 451:

They [the workers] enter into relations with the capitalist [or public employer], but not with each other. Their co-operation only begins with the labour process, but by then they have ceased to belong to themselves. On entering the labour process they are incorporated into capital [or the public employer]. As co-operators, as members of a working organism, they merely form a particular mode of existence of capital [or a public employer]. Hence the productive power developed by the worker socially is the productive power of capital [or public employer].

Belonging to a union may modify this situation (depending on the unity of the workers in their wills to achieve common  objectives or goal), but it does not by any means radically change such a situation. For instance, Lakeshore Teachers’ Association, the union for the teachers, pursued certain goals (such as obtaining two paid personal days in their collective agreement), but the establishment of the general goals of Lakeshore School Division does not form part of the voluntary deliberative process of the teachers and other workers.

One specific goal–defined by the school bureaucracy and not by teachers and other workers–was evidently the integration of computer technology into teaching practices:

Teachers responded to surveys about their ability to integrate technology into their lessons and provided data around the teaching strategies they regularly employed in their classrooms.

Who determined that the integration of technology was vital (really meaning “computers”–as if technology and computers were synonymous)? Further, did the teachers voluntarily provide data? If they provided no data, would they face any negative consequences?

One general goal of Lakeshore School Division is “student success.” What does Ms.Martell mean by success? We await with enthusiasm what that may be.

School Rhetoric of Success Defined According to Quantitative Graduation Rates–Nothing Else

Teachers worked through their school and catchment area data, graduation rates.

It is, of course, necessary to determine the present situation if you are going to specify the problem and offer relevant solutions. However, we see here an implicit assumption of what “success” means–graduation rates. Presumably, if all students graduated, then there would be substantial success. If they all graduated within four years (grades 9 to 12), then there would be 100 percent success, presumably.

We can compare such a goal with the goal of having every individual student developing their potentialities in diverse ways (physical, emotional, aesthetic (capacity to enjoy art), artistic (capacity to produce art), kinesthetic, mathematical, scientific, empathetic and so forth) to the maximum of their abilities. From John Dewey (1916/2004), Democracy and Education: An Introduction to the Philosophy of Education, pages 186-187:

If what was said earlier about originality of thought seemed overstrained, demanding more of education than the capacities of average human nature permit, the difficulty is that we lie under the incubus of a superstition. We have set up the notion of mind at large, of intellectual method that is the same for all. Then we regard individuals as differing in the quantity of mind with which they are charged. Ordinary persons are then expected to be ordinary. Only the exceptional are allowed to have originality. The measure of difference between the average student and the genius is a measure of
the absence of originality in the former. But this notion of mind in general is a fiction. How one person’s abilities compare in quantity with those of another is none of the teacher’s business. It is irrelevant to his work. What is required is that every individual shall have opportunities to employ his own powers in activities that have meaning. Mind, individual method, originality (these are convertible terms) signify the quality of purposive or directed action. If we act upon this conviction, we shall secure more originality even by the conventional standard than now develops. Imposing an alleged uniform general method upon everybody breeds mediocrity in all but the very exceptional. And measuring originality by deviation from the mass breeds eccentricity in them. Thus we stifle the distinctive quality of the many, and save in rare instances (like, say, that of Darwin) infect the rare genius with an unwholesome quality.

Graduation rates are quantitative in the first instance and, in addition, are quantitative in a second instance since in order for a student to graduate, the student must have–comparatively–received a passing (quantitative) grade. For a critique of the assessment of students according to grades or marks, 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.

The power to define “student success” is hidden by the use of apparently scientific words, such as “explore”:

They explored divisional successes and examined ways in which the teachers modeled exemplary practice. Finally, the community responded to a student success survey and helped to further define the “successful student” and the “successful school.” Teachers, administrators, students and the community collaborated to develop common understanding around the character of Lakeshore School Division.

Exploration requires the freedom to explore–to search, think and define problems freely. Being employees, where is there evidence that teachers freely explored issues? Further, who defined “divisional successes?” If the school bureaucracy define it in one way and teachers in another way, how is the conflict resolved?

Who defined what “student success is?” And how? There is the claim that “teachers, administrators, students and the community collaborated to develop common understanding”–but under the dictatorship, of course, of the school bureaucracy, which represents the employer. Participation is hardly equal among the different “partners” (for the idea that employers are dictators, see  Employers as Dictators, Part One).

Defining Success at the Micro Level But Ignoring Problems at the Macro Level

Phase 2: Problemate (February – March 2013)

During the second phase, teachers worked to describe the specific challenges faced within their school. Using the narrative and quantitative data collected during the Understand Phase, schools created a “problemate statement” to define what they wanted to improve within their own school. For example, one school’s statement was: “To raise the bar and close the gap for every child.” The process of understanding and creating a problem statement was difficult. Developing a problem statement meant that both successes and challenges had to be faced head-on. Schools continued to dig deeper during this phase and were challenged to work with open mindsets. Each school worked to create a focused design challenge that they wished to address through this school improvement process.

There are undoubtedly always problems that any school will face that are unique to that school: hence “teachers worked to describe the specific challenges faced within their school.” However, are such problems to be solved by a school, or must larger social structures be changed to address certain problems? For example, Ashern Central School can be characterized as similar to many inner-city schools in Winnipeg: the level of income of many parents is limited. Defining improvement in any school is purely reformist and will never address many of the problems in schools–ranging from an alienating curriculum that focuses on “academic learning” at the expense of the lived bodily experience of many students–to defining success purely in terms of “graduation rates” that involves quantitative measurement of “success” through grading practices (marks or grades).

Phase 3: Ideate (April – June 2013)

During the third phase teachers worked to develop new ways of approaching the design challenges they developed in the second phase. Working in cross-divisional cohorts, they identified 14 common themes and challenges based on the schools’ problem statements. These included technology integration, instructional strategies, whole student approaches, relationships, parental involvement, and facilities. Teachers gathered on their own time to conduct research, share ideas and look at ways to enhance their own and divisional practices. During this phase teachers worked to extend their professional knowledge base, skills and ideas. They also worked to explore new ideas and strategies.

It is interesting that there is no mention of the curriculum being a common problem (for a critique of the oppressive nature of school curriculums, 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). It is probably assumed as something fixed over which teachers have no control. They thus probably focused on problems that they could immediately control at the micro level. Their own activity was already likely delimited to defining and searching for problems as defined by the school hierarchy (bureaucracy). That the school system might itself be a problem never arises here, of course.

As for teachers meeting on their own time–probably true–teachers do work a lot, in general. However, some of this is due to the nature of the work–and some due to implicit hierarchical pressure to do so. It is difficult to separate what is freely done outside school time and what is done out of fear of retaliation by management. See the above section “School Rhetoric, or Putting Words into Teachers’ Mouths: Ignoring the Employee Status of Teachers.”

School Rhetoric and Educational Research

During this time, Lakeshore School Division became part of Brandon University’s VOICES Project and with that came additional support and funding to expand Lakeshore’s school improvement work. Several teachers participated with learning tours and additional professional learning around the 14 themes. Teachers shared their new understandings both informally and formally across the division. Prior to this process, this level of research and conversation had been unseen. One teacher remarked, “I haven’t read so much educational research since I graduated from university years ago!” The cultural shift was deepening.

The reference to “educational research” expresses a lack of critical thinking. Most educational research, assumes that the present school system constitutes the standard. It goes around in circles by engaging in educational research while assuming that its object of analysis is the only possible one (with minor changes only possible). Such an approach is of course conservative. As I wrote in one publication (see in the Publications and Writings section of this blog, on the homepage, “A Deweyan Review of the Chicago Teachers’ Union Publication The Schools Chicago Students Deserve: Research-Based Proposals to Strengthen Elementary and Secondary Education in the Chicago Public Schools (2012):

The basis of the research—both the document itself and the sources used–however, is the present school system, so the structure of the present school system constitutes the standard for determining what good education is. Since the modern school system emphasizes academics, research based on that system is bound to do so as well—in a vicious circle. The research, based on a school system that emphasizes academics to the exclusion of the human body (or the latter as an afterthought or add on), then reinforces a school system that emphasizes academics to the exclusion of the human body and so forth. There is really no alternative vision to the present school system but merely a variation on an old theme despite the good intention of being critical.

For further criticism of educational research, see the post  Much Educational Research Assumes the Legitimacy of the Current School Structure.

There is a lesson to be drawn from the above: the social democrats or the social reformers underestimate vastly the extent to which future workers (students) are indoctrinated into accepting the present social system. There is so much rhetoric thrown around in schools (and elsewhere, such as social-service agencies and organizations) that there is little wonder that workers become cynical of the possibility for real change. And what do social democrats do? They, for the most part, remain silent–rather than engaging in constant critique of such rhetoric. Or they themselves participate in such rhetoric by referring to “social justice in schools,” “fair contracts,” “decent work,”  and so forth.

Let us now look at Phase 4:

Phase 4: Experiment (September 2013 – June 2014)

During the fourth phase of the process, Lakeshore teachers and administrators focused on trying out some of the skills and strategies they had explored during the Ideate Phase. This involved enhancing existing practices and innovating and trying new approaches. Experiments included using class iPad sets within various settings, developing interdisciplinary classrooms, reimagining learning spaces, experimenting with flipped classrooms and developing project-based approaches. One of the most powerful moments in the process came when trustee Jim Cooper stood up in front of the teachers and said, “The board is behind you. We want you to try some things in your classrooms; if those don’t work, try some other things. It’s OK to fail.” This attitude of openness and acceptance allowed teachers to imagine, innovate and experiment with new educational strategies and ideas. The divisional culture shifted to allow teachers to adopt new mindsets around what it means to teach and learn.

Experiments involved using a particular form of computer technology in various contexts–but evidently within the framework of the existing bias of a curriculum focused on literacy and numeracy at the elementary level and academic learning at the junior and senior high-school levels. As I wrote in my article “Is the Teaching of Symbolic
Learning in the School System Educational?” (in the Publications and Writings section of this blog, found on the home page):

Evidently, then, symbolic learning forms the core of the modern school curriculum at the elementary level and continues to form a central aspect in middle and high school curricula with their emphasis on academic learning.

Experiments also involved using interdisciplinary classrooms. Presumably, such subjects as language arts and social studies could be combined–as was the case for English language arts and social studies in grade 9. However, as I have pointed out in another post, the Canadian social studies curriculum is biased and indoctrinates students by not teaching them how and why employers exist (see, for example,  A Case of Silent Indoctrination, Part One: The Manitoba History Curricula and Its Lack of History of Employers and Employees). Combining curricula will not change this fact. Nor will it change the focus on academic learning and symbolic learning.

“Reimagine Lakeshore” was really not very innovative. It was a top-down initiated process that lacked any real critical thinking. Its reimagination–was to imagine a rehashed school system that merely modifies a few “variables” (such as integrating a few subjects within a predominately symbolic and academic curriculum that itself is biased).

A critical look at this “reimagining process” will continue in a second post by looking at some “analyses” of this process as well as one source that such analyses rely on to justify their views.

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

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

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

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

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

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

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

Employment Law and Labour Law Together

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

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

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

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

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

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

Employment Law

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

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

Transition: Employee and Society

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

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

Labour Law

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

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

  1. What is a grievance? Labour law

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

  1. Who “owns” a grievance? Labour law

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

  1. Who generally grieves? Why? Labour law

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

  1. What is interest arbitration? Labour law

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

  1. What is grievance arbitration? Labour law

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

  1. What is a labour board? Labour law

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

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

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

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

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

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

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

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

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

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

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

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

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

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

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

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

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

  1. What is the certification process? Labour law

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

  1. What is a bargaining unit? Labour law

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

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

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

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

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

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

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

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

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

Transition: Labour Law and Society

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

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

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

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

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

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

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

General: Employee: Meaning

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

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

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

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

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

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

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

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

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

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

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

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

Introduction

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

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

Think-Pair-Share

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

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

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

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

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

Think-Pair-Share or Some Other Format

  1. What does being an employee mean to you?

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

  1. What does an employment contract mean to you?

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

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

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

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

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

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

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

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

_______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________­­­­­­­­­­­­____________.

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

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

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

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

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

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

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

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

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

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

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

Workshop on Labour Law: Topics required

Good morning everyone,

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

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

Please send me topics that you might find of interest.

Fred Harris, Chair, Substitute Teachers’ Committee

 

 

Academic Narrow-mindedness, or the Idealization of Collective Bargaining: A Reason for Starting a Blog, Part One

It has been slightly more than three years since I started this blog. I thought it appropriate to begin a series of posts on what, partly, inspired me to start this blog. 

Before I started this blog, I had sent an article critical of the implied concept of “free collective bargaining.” The article was rejected for publication. Given that the reasons for rejecting the article seemed absurd, I decided to skip the academic process and post directly my views. This seemed all the more necessary since the journal that rejected my article is called Critical Education.

Since I believe in the politics of exposure (exposing the real nature of social processes and not the rhetoric of such processes), I thought it would be appropriate to post my proposed article, the criticisms of my article by the reviewers and my commentary on their criticisms.

The proposed article is found in the Publications and Writings link on my blog, entitled “Critique of Collective Bargaining Models in Canada.” (There is a slight difference between the article submitted to Critical Education and the one found at the link: the article submitted to Critical Education contains an abstract, which I include below, and the title of the proposed article was changed to: “A Critique of an Implicit Model of Collective Bargaining: The Nova Scotia Teachers’ Strike and a Fair Contract.”

Abstract

This paper looks at Brian Forbes’ presentation of the recent Nova Scotia teachers’ strike in order to analyze critically the nature of collective bargaining in a capitalist context. Forbes shows the underhanded nature of the McNeil government’s supposed negotiations, but he implies (like many trade unionists) that collective bargaining, in its normal form, results in a fair contract. The paper argues against this view. It does so in two ways. Firstly, it looks at Jane McAlevey’s alternative method of collective bargaining. Secondly, it looks at the limitations of her method in terms of the capitalist economic structure—especially as am exploitative and oppressive structure that transforms workers into means for others’ ends. A humanist view, by contrast, requires that human beings need to be treated as ends in themselves in a democratic fashion at work. Such a view, however, is rarely discussed precisely because the rhetoric of a fair (collective) contract in the context of the collective power of employers prevents such discussion from occurring.

Key words: teachers, collective bargaining, capitalism, exploitation, oppression, strikes, justice, fairness, Nova Scotia, Jane McAlevey

The decision to reject the article as is, as well as the first review are given below along with my comments on the first review. I put the reviewer’s evaluation in quotation marks:

We have reached a decision regarding your submission to Critical Education, “A Critique of an implicit model of collective bargaining: The Nova Scotia teachers’ strike and a fair contract”.
Our decision is to: Decline submission.

Three external reviewers supplied reports (see below); I have also attached the file with the marginal comments of Reviewer C.

All three reviewers see potential in the manuscript and each recommends major revisions are necessary before the manuscript is ready for publication. The comments are the reviewers are quite detailed, but in short I believe it’s fair to say they all agreed that further theorizing and deepened/more sustained analysis of events are necessary.

I hope you find the feedback from the readers helpful as continue to work on this project.

Yours truly,

E Wayne Ross
Co-Editor, Critical Education
University of British Columbia
wayne.ross@ubc.ca
——————————————————
Reviewer A:

“The author identifies his/her aim as using the  Nova Scotia teachers’ strike “in order to analyze critically the nature of collective bargaining in a capitalist context.” The author disputes the assumption that workers under capitalism can use collective bargaining (hereafter CB) to create human workplaces, using Jane McAlevey’s book with a new paradigm for collective bargaining as an example of why even reformed CB will not succeed in transcending what are  CB’s inherent limitations as a strategy for creating a humane workplace.

I think this submission could be a useful addition to research and thinking about the limitations of  CB in altering teachers’ work, however for it to be so it requires significant revision.

 • The Nova Scotia strike becomes lost in the paper’s analysis. If the author wants to retain this focus, the critique of McAlevey’s book should be applied to the Nova Scotia strike.”

This reviewer at least appears to capture my intent—although s/he subsequently fails to show such understanding. I do indeed aim at showing the limitations of collective bargaining even in the improved form of Jane McAlevey’s approach to collective bargaining.

However, given this focus, the Nova Scotia strike and Brian Forbes’ implicit contrast of what “good collective bargaining” should be when compared to what transpired during the Nova Scotia teachers’ strike (Brian Forbes’ implicit attitude is an example of what the typical trade-union leaders’ attitude is towards collective bargaining), serve as an exemplar of the implicit attitude of union representatives towards collective bargaining as a process and product (the collective agreement). In other words, I use the case of the NTSU and Brian Forbes’ implicit use of the run-of-the bill bargaining process (and the resulting run-of-the-mill collective agreement) as a representative of what is typical among union representatives in their practical dealings with workers, managers and employers: As John Dewey argued, in his Logic: The Theory of Inquiry, pages 436-437):

We arrive again at the conclusion that “induction” is a name for the complex of methods by which a given case is determined to be representative, a function that is expressed in its being a specimen or sample case.’ The problem of inductive inquiry, and the precautions that have to be observed in conducting it, all have to do with ascertaining that the given case is representative, or is a sample or specimen. There is no doubt that some cases, several or many, have to be examined in the course of inquiry: this is necessarily involved in the function of comparison-contrast within inquiry. But the validity of the inferred conclusion does not depend upon their number. On the contrary, the survey and operational comparison of several cases is strictiy instrumental to determination of what actually takes place in anyone case. The moment anyone case is determined to be such that it is an exemplary representative, the problem in hand is solved. It is customary to infer from examples and illustrations; from what Peirce calls diagrams or “icons.” That course has been frequently followed in the course of previous discussions. But it should be clear without argument that the entire value of such a mode of inference depends upon whether or not the case is genuinely exemplary and illustrative.

I used the NSTU [Nova Scotia Teachers’ Union] strike and Brian Forbes’ attitude towards an obvious breach in collective-bargaining protocol as an exemplar or representative  of the limitations of traditional collective bargaining.

I used Jane McAlevey’s book as an illustration (exemplar) of a changed collective-bargaining practice that, though it breaks new ground in some areas of collective bargaining, nonetheless shares many of the assumptions of the traditional collective-bargaining model. Ms. McAlevey persistently refers to the contract that she negotiated as a “good contract.”

In addition, when Ms. McAlevey presented her model in Toronto, I specifically pointed out that I had tried to expose the limitations of the collective-bargaining process by indicating what we had demanded and what we had obtained. Her response was that she did not know whether that was such a good idea. That is the point—her model, like the traditional collective-bargaining model, does not enable workers to see the limitations of the model. Ultimately, despite the innovations in her model, Ms. McAlevey idealizes collective bargaining in a modified form—her own model. The point is not to idealize it but to expose its inadequacies.

“• The language is often polemical in a way that undercuts the author’s credibility as a passionate and also objective analyst. Describing an action as “underhanded” isn’t useful or necessary. Present instead empirical evidence.  One way this can be done is to identify who besides the author understood the action as “underhanded”? Others present? Leaflets? This becomes the source of the description.”

The suggestion of providing further evidence is useful in order to bolster the argument. However, to claim that polemics undercuts credibility is an academic point of view. The audience to whom I aim are workers—not academics. What would be an “objective” analysis in the context of a society dominated by a class of employers?

“• Often the article is not clear in its focus. Is this a critique of the limitations of CB or of the limitations of trade unionism under capitalism?”

It is both; they are not mutually exclusive. In fact, they are tied together during this time. Some trade unions may not engage in the rhetoric of fair contracts and so forth, but where are they? Certainly in Canada the trade-union leaders idealize both the collective-bargaining process and the resulting collective agreement. See two previous posts that illustrate the rhetoric of fair contracts by the two largest unions in Canada (  Fair Contracts (or Fair Collective Agreements): The Ideological Rhetoric of Canadian Unions, Part One  and ???     ). 

“If it’s the former, what would unions do to protect workers’ rights if they didn’t negotiate contracts in a capitalist society?  What might workers’ struggles look like?”

It is not a question of not negotiating contracts; it is a question of not idealizing such contracts and bullshitting workers by claiming that such contracts are somehow “fair” or that they somehow are “livable”–a typically apologist point of view of management and union alike.

“A provocative example of this is how teachers and school employees in West Virginia who do not have the right to bargain collectively or the right to strike have closed down the schools in the entire state for a week, outside of the union’s control or leadership.”

This is beside the point. The strike was a wildcat strike; wildcat strikes have occurred in other contexts. Such strikes have not aimed at challenging the inadequacy of collective bargaining in principle but the inadequacy in particular circumstances. They may or may not challenge such inadequacy—but the point is to do just that.

In addition, did the West Virginia strike actually challenge the idealization of collective bargaining? It could have the potential to do so—but whether such potential was realized would require evidence that the potential was realized in practice.

Unless there is evidence to the contrary, it can be concluded that since collective bargaining is illegal in West Virginia, the strike did not challenge the principle of collective bargaining. It was an effort to achieve results without collective bargaining by going on an illegal strike. Workers have gone on illegal (wildcat) strikes before (even when collective bargaining is legal) without challenging the inadequacy of collective-bargaining in principle. Such strikes do indeed challenge the inadequacy of particular collective agreements (and the concomitant collective-bargaining process), but they often do not often do so explicitly and need not be a general criticism of the collective-bargaining process or a general criticism of collective agreements. That is what is needed now.

[For an analysis of the West Virginia teachers’ strike, see the post The West-Virginia Teachers’ Strike and a Socialist Movement).

“• I think the piece will be more focused without the author’s anecdotes about his/her work experiences as a teacher and union representative.”

In other words, forget about a worker’s own experiences “as a teacher” (that is to say, as a worker of a particular kind) “and union representative” (that is to say, as a radical union representative who questioned the legitimacy of the power of employers to dictate to workers what to do, when to do it and how to do it)). Linked to the claim that the polemical style lacks objectivity, the idea that a radical worker’s personal experiences should be excluded is meant to “academize” the writing—making it more conform to the typical form and content of academic writing.

Is there really any wonder why I stopped trying to have any further writings published by means of formal academic journals?

“But if these are included, they should be more closely tied to analysis about the Nova Scotia strike.”

The Nova Scotia strike is an occasion for illustrating the inadequacy of collective bargaining and the inadequacy of present unions—and my experiences as a teacher (and as an employee) and as a radical union representative were also to be illustrative of this. The focus is hardly the Nova Scotia strike; the issues are much wider.

“• The author briefly discusses education, teachers’ work and CB. If this material is retained, it should make note of some of the considerable research on teachers’ work.”

Teachers are employees; the specificity of their work as teachers is irrelevant in relation to the issue of their existence as employees and their relationship to the typical process of collective bargaining and to the collective agreement (although the specific nature of their work may have an impact in other circumstances). To discuss that specificity would detract from the focus on the inadequacy of collective bargaining and the collective agreement.

“I suggest this manuscript be taken through a significant revision, moderating its language, supporting its claims with evidence,  to do what it states is its focus: A critical examination of the limits of CB in the strike in Nova Scotia.”

The academic contradicts her/himself. S/he accurately characterizes, initially, the manuscript as using the Nova Scotia teachers’ strike as a means of criticizing collective bargaining. Now, s/he claims that I claim that my focus is a critical examination of collective bargaining in the strike in Nova Scotia. They are not the same thing by any means. S/he aims to narrow my aim, but such narrowness is exactly what I am criticizing.

“The questions it is addressing seem to me  “What was needed to improve teachers’ working conditions?” “How did ideology about the role of unions in capitalism and within that, the importance of CB, affect the outcome?”  The latter question will involve application of Jane McAlevey’s book.”

Again, it is the reviewer who is confused—s/he at first accurately characterizes my intent in the article and then inaccurately characterizes it.

“If the author wants to discuss a framework for labor that transcends CB, I suggest looking at Stanley Aronowitz’s “The death and life of American labor: Toward a new workers’ movement.” Although it focuses on US labor its arguments seem quite relevant to the Canadian context. “The future of our schools,” by Lois Weiner might also be useful as it discusses the limitations of CB.”

I subsequently looked at Aronowitz’s book and included a reference to it in this blog (see The Educational Needs of the Labour Movement: A Radical Imagination). Aronowitz does provide an interesting point of view that is consistent with this blog. Thus, Aronowitz argues that we need to have a new labour movement with a social vision of the good life. However, my emphasis in the article that I sent was on the implicit inadequacy of the collective-bargaining model that Brian Forbes implicitly uses to criticize what happened during the Nova Scotia teachers’ strike. A new social vision requires a break, at least in Canada, with the typical idealization of the collective-bargaining process and the idealization of the collective agreement.

Although there were a few useful suggestions in the above review, in general the reviewer failed to adequately capture how I carried out of my intent to expose the limitations of collective bargaining and collective agreements. Along with the comments of the other reviewers, I decided that it was a waste of time to attempt to have my views formally published in academic journals. Starting a blog would carry out more effectively my intent.

A future post will look, critically, at the second reviewer’s assessment.

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

Before I obtained a so-called permanent teaching position (I will explain in a much later post why I use the word “so-called”), I worked for a number of years as a substitute teacher (with short periods of term teaching positions). I became an executive member of the Winnipeg Teachers’ Association (WTA) (in the province of Manitoba, Canada), representing substitute teachers.

The WTA had an education fund for the executive, where each member, if approved by the executive, could access up to $3,000 for educational purposes. A condition for obtaining such funds was a summary of the educational experience and its publication in the WTA newsletter.

I used this situation as an opportunity to criticize the limitations of the educational experience.

Of course, representatives should not limit themselves to such criticism but rather perform their representative function in order to enhance the democratic nature of the union or association to which they belong. To that end, I and others on the Substitute Teachers’ Committee created a survey for substitute teachers and used the results of such a survey to criticize the policy of the WTA of permitting only permanent teachers the right to apply for permanent positions (substitute teachers paid association dues and consisted of usually 700-900 paying members of around 4000 members, but they did not have the right to apply for permanent positions).

Below is a copy of the draft (written in 2007) as well as the critical summary of my educational experience.

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To the Negotiations Committee

As members of the same organization, all should be treated in the same way unless there are sufficient differential grounds for distinguishing the members and for thus treating them on a differential basis. However, that does not mean that substitute teachers should necessarily all have the same rights as permanent contract teachers.

A basic principle of political philosophy is that all should be treated the same unless there are differential conditions for treating some differently from others. There are differential conditions, at least in the case of substitute teachers who are relatively new. Would it be fair, for instance, that permanent contract teachers, who by definition generally expect to work for the same employer for years, be reduced to the same rights as a beginning substitute teacher? Attachment to a particular employer for an increasing length of time forms the basis for privileging permanent teachers over substitute teachers, just as the principle of seniority does in unions.

However, as substitute teachers are engaged in employment with the same employer for an increasing length of time, the grounds for differential treatment become less and less valid.

Of course, the reported statistics from the survey of substitute teachers do indicate that there is a substantial percentage of substitute teachers who have been employed by the Division for a number of years. Their exclusion from any consideration of whether they can apply for positions is less valid than the exclusion of shorter term substitute teachers. Of course, the exact cut off line is not easy to define, but the issue is first of all whether all substitute teachers should be banned from applying for positions. Perhaps there are counterarguments which justify such exclusion, and I would like to hear such arguments. Lacking such counterarguments, substitute teachers with a certain period of employment with the Division should have the right to apply for positions as they arise, just like permanent contract teachers.

Addressing now the issue of those with a shorter period of employment with the Division, the Division may agree to allow them to apply for positions once the third round of blue sheets have been distributed.

In other words, there would be two sets of substitute teachers, those with sufficient length of service to be able to apply for positions immediately, and those with less service, who would be able to apply for positions on the third round of job postings.

Although this two-tier system of selection may be preferable, it may not be possible during the 2009 round of bargaining; a collective agreement involves two parties, and it may be impossible to negotiate the “best” scenario in any particular year of bargaining. Consequently, there are two alternative proposals: a “bottom-line one,” and a preferred (but perhaps unrealistic) one at this stage. The important point is to have substitute teachers’ concern about the right to apply for job postings addressed.

Proposed “bottom-line clause”: All substitute teachers shall have the right to apply for job postings during the third round of postings of the blue sheets.”

An alternative would be as follows: Substitute teachers who have substituted for the Division for at least ten (10) years shall have the right to apply for job postings. Substitute teachers with less than 10 years of substitute teaching shall have the right to apply for job postings during the third round of postings of the blue sheet.”

Of course, the exact wording is irrelevant at this stage. It is the concept that matters.

Fred, chair, Substitute Teachers’ Committee

The critical summary of my educational experience (

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The Double-Bind of Teachers as Employees

On September 21 [2007], I attended a seminar on Employment Law Essentials. It covered various topics, including the difference between an employee and an independent contractor, pre-employment inquiries, employment standards and workplace harassment policies.

There were two areas of most relevance to teachers: a discussion of the nature of an employee and the issue of the age at which people can become employees.

Let us start with the last issue first. The age at which people can become employees is relevant for teachers since the age at which students can become employees then arises. Generally, it is very difficult for students under the age of 12 to become employees. On the other hand, it is less difficult for students between the ages of 12 and 16 to obtain a permit. Four people must be in agreement if those between 12 and 16 are to become employees: the student, the parent, the principal and the employer. Since being an employee may affect school work, teachers who are concerned about some of their students working as employees may consult with the principal since the latter needs to agree to such employment.

Addressing now the first issue—the nature of an employee—there are four criteria for determining whether a person is an employee or has her or his own business (is an independent contractor): lack of control over the work performed (how, when and where the work is to be performed), the ownership of tools, possibility of loss or gain and the extent to which the person is integrated into the employer’s operations. The criterion of loss or gain is inapplicable to the situation of teachers. The criterion of integration is only used in borderline cases. Hence, the question of the status of teachers is reduced to the two criteria of control and ownership of tools.

In the seminar, we briefly discussed whether teachers are employees. Although teachers may control the order in which the curriculum is presented, it is the Division, generally, which determines standards of performance for teachers. Another aspect of control is whether the employer determines where and when work is done. Teachers work for the Division and not for specific schools. The collective agreement may modify the power of the employer, but it does not fundamentally alter the situation—as teachers in low-enrollment schools may discover when they are transferred to other schools. In terms of control, teachers are employees.

The other criterion for determining who is an employee is the ownership of tools. In the case of teachers, although the latter may personally purchase items for use in the classroom, it is the Division which owns the buildings, the things in the building and so forth. The fact that the Division may represent the vague public because of the payment of taxes does not change the situation.

Since the situation of teachers satisfies the two major criteria for determining whether teachers are employees, it can indeed be concluded that they are employees.

The collective agreement does not change the status of teachers as employees; it modified the conditions of employment—certainly an important characteristic—but it does not fundamentally alter the employer-employee relationships as such. For example, employment standards are such that judges will take into account length of service to an employer when considering notice required, but the judge will not take it into consideration when the issue of dismissal arises. Arbitrators of collective agreements, on the other hand, do take into account length of service when considering the issue of dismissal.

The issue of control is full of interesting sub-issues. One of the issues that were brought up was whether employees who are under the control of employers are extensions of the will of the employer. They are. This situation, however, has major social implications. If employees are extensions of the will of the employer, then employees are means to the ends specified by the employer.

Immanuel Kant, a German philosopher, argued that it is a categorical ethical imperative to treat all human beings as ends in themselves. If we apply the philosophical principle of the unity of the ends in the means and the means in the ends, then to treat human beings as ends in themselves is to have them participate in the process of defining their own ends. They need to be able to contribute to the formation of the ends toward which their activity tends: living democracy rather than formal democracy.

Being an employee, however, which involves being an extension of the will of the employer, clashes with the principle of treating human beings as a unity of both means and ends in the same process. Human life is split, with teachers being extensions of the will of the Division. Their personhood is suspended to the extent that they cannot formulate the ends of their own activity in conjunction with the activity of other teachers.

This clash applies to other employees in other domains, such as waiters and waitresses, bus drivers, factory workers, office workers and so forth. In the specific case of teachers, though, there is an added contradiction. Teachers are supposed to treat students as ends in themselves: the formation of character. To do so, they need to have students learn to unify the ends in the means and the means in the ends. If, however, part of their function is to prepare students for their status as employees, then their educative function clashes with their function within the school system. This is the double bind of teachers: being an employee, on the one hand, and being an educator within an economy dominated by the employer-employee relation on the other.

Are teachers in a double bind? What do other teachers believe?

Fred Harris, executive member