Fair Contracts or Collective Agreements: The Ideological Rhetoric of Canadian Unions, Part Three: Unifor (Largest Private Union in Canada)

In the previous post in this series, I quoted several references by the largest union in Canada, the Canadian Union of Public Employees (CUPE) to “fair contracts,” “fair treatment,” and similar expressions (see Fair Contracts (or Fair Collective Agreements): The Ideological Rhetoric of Canadian Unions, Part One). This is a continuation of the series.

Since in this blog I have often referred to particular union reps referring to collective agreements as fair in some way, I thought it would be useful to provide further examples of this rhetoric to substantiate the view that unions function as ideologues for the continued existence of employers–even if the unions are independent of the power of particular employers and hence represent independently the workers in relation to the particular employer of the workers.

The following series of quotes are from various webpages of Unifor–the largest private-sector union in Canada. They show how Unifor refers to such rhetoric as

1. Dated January 10, 2018 at https://www.unifor.org/en/whats-new/news/paramedics-rally-a-fair-contract:

Paramedics and supporters in Sault Ste. Marie demonstrated in front of City Hall on January 8, calling for a new collective agreement for EMS workers represented by Local 1359. 

The demonstration was organized to remind city councillors that paramedics need a fair deal, which takes into account issues such as: lunch breaks, major gaps in pay and benefits between Sault Ste. Marie and other emergency responders and the ongoing issue of PTSD.

The group, made up of paramedics, nurses, retired health care workers, union members, family and supporters, marched into the council chambers after the rally with signs and Unifor flags. 
“Our employer is not negotiating fairly. City representatives continually talk about the debt and nothing else,” said Mary Casola, Local 1359 unit chair and paramedic of 28 years. “They offered workers a measly wage increase of 10 cents an hour, per year. That’s 0.25 per cent. But as our sign says – ‘10 cents is non-sense.’”


  1. Of course, the issues of “lunch breaks, major gaps in pay and between Sault Ste. Marie and other emergency and other emergency responders and the ongoing issue of PTSD” are immediate issues that are important to unionized (and non-unionized) workers and need to be addressed. They should not be just shoved aside and “revolution” declared. On the other hand, while addressing these issues, the possibility or impossibility of actually achieving a “fair deal” should be discussed; in my experiences as a union member, it never is. Unions thereby become ideological institutions, in part, for the class of employers–even if they are unaware of it.





    In the context of the Coronavirus pandemic, some employers have become even more exploitative and vicious than normal. However, unions that legitimately focus on resisting such employers have no right that somehow, if they resist such employers successfully, there will be such a thing as “a fair and equitable contract.”
    Dated January 10, 2018 at https://www.unifor.org/en/whats-new/news/paramedics-rally-a-fair-contract:
  2. From https://www.unifor.org/en/whats-new/press-room/health-care-workers-hold-rally-demand-a-fair-collective-agreement:

December 8, 2020

WINDSOR – Health care workers represented by Unifor Local 2458 will escalate actions by holding a rally outside of Fairfield Park long term care home to demand a fair and equitable collective.

“The employers’ approach of viewing our members as zeroes instead of heroes is insulting and disrespectful,” said Tullio DiPonti, President of Unifor Local 2458. “To think at a time where these health care heroes are risking their lives to care for others, their employer turns around and puts forward a laundry list of concessions and says this is what you’re worth. This employer should be ashamed. Let’s get back to the bargaining table and negotiate a fair collective agreement, free of concessions.

Last week a rally was held outside of Broulliette Manor, urging the employer to return to the bargaining table and withdraw its long list of concessions.

“I have negotiated many contracts in my day, but I have never seen an employer so blatantly disrespectful,” said Chris Taylor, Unifor National Staff Representative. “The pandemic has forced long term care workers across the country to do more with less and here we have an employer that’s asking these COVID heroes to take on all the new protocols and get nothing in return.  Our members will not be made to feel worthless and we will continue to ramp up our actions until they receive the respect and dignity that they deserve.”

Contract negotiations opened with Fairfield Park and Broulliette Manor on October 27, 2020. The union proposed modest changes to the collective agreement that were immediately rejected by the employer’s legal representatives. The employer’s representatives presented the union with more than six pages of concessions that include cuts in wages, health care benefits, time off, forcing of more hours of work.

The union is steadfast in its resolve to bargain an agreement that fits the needs of the members working at both Fairfield Park and Broulliette Manor.

Unifor is Canada’s largest union in the private sector, representing 315,000 workers in every major area of the economy. The union advocates for all working people and their rights, fights for equality and social justice in Canada and abroad, and strives to create progressive change for a better future.
To arrange in person, phone or FaceTime interviews or for more information please contact Unifor Communications Representative Hamid Osman at hamid.osman@unifor.org or 647-448-2823 (cell).

Again, it is certainly necessary to have a union that fights against “six pages of concessions that include cuts in wages, health care benefits, time off, forcing of more hours of work.” The union should be praised for doing so.

On the other hand, it should be criticized for making such statements as: “Health care workers represented by Unifor Local 2458 will escalate actions … to demand a fair and equitable collective [agreement]”

As shown in the last post, unions persistently claim that, through collective bargaining and a collective agreement, there can arise somehow (by magic?) “a fair and equitable collective agreement.” There can be no such thing as long as there exists a market for workers, where human beings are treated as things and as means for purposes over which they have little control. To claim otherwise is to bullshit workers–and workers deserve much better than this.

Or perhaps union representatives can explain how collective bargaining and collective agreements can express “a fair and equitable collective agreement?” If they truly believe that it does, why do they not explain how it does so in the context of the power of both a particular employer and the power of the class of employers. (For a critical analysis of a lame attempt to minimize the power of management over workers by a representative in a unionized setting , see the post Comments from John Urkevich, AESES-UM Business Agent, to my Critique of the Grievance and Arbitration Procedure: Letter to the Editor, Inside The Association of Employees Supporting Educational Services (AESES), Vol. 17, No. 4, May 1994. Also see the much more honest assessment of the real limited powers of unions in relation to employers, see Confessions of a Union Representative Concerning the Real Power of Employers)

The union should also be criticized for claiming “to bargain an agreement that fits the needs of the members working at both Fairfield Park and Broulliette Manor.” Obviously, the agreement should address the needs of the workers at these facilities, but “the needs of the members working” for an employer go far beyond the capacity of a collective agreement to address them.

3. Dated August 31, 2020 at https://www.unifor.org/en/whats-new/press-room/unifor-members-detroit-3-give-bargaining-committees-strong-strike-mandate:

TORONTO—Unifor members at Fiat Chrysler Automobiles, Ford Motor Company, and General Motors have authorized their bargaining committees to take strike action, if necessary, to secure fair contract settlements.

4. Dated January 7, 2020 at https://www.unifor.org/en/whats-new/press-room/locked-out-workers-escalate-fight-a-fair-deal-co-op-refinery:

REGINA – Hundreds of members of Unifor Local 594 and their supporters rallied at noon today to show the Co-op Refinery that, on day 34 of the lockout, their resolve has never been stronger.

“Co-op will not bust our union by using profits only made possible by your hard work. We are going to hold them to their pension promises. Our union will intensify our campaign to achieve a fair collective agreement for our members,” said Lana Payne, Unifor National Secretary-Treasurer.

Payne told locked out Local 594 members that locals across Canada will mobilize and send members to Regina as the union ramps up the fight for a fair deal.

“While refinery workers walked picket lines 24-7 in the frigid cold, their greedy employer posted revenues of $9.2 billion last year,” said Scott Doherty, lead negotiator and Executive Assistant to the Unifor National President. “For Co-op to attack workers with lies and misinformation while claiming to respect workers is just shameful.”

During the rally, secondary pickets were also underway at Co-op retailers in Western Canada as the union announced an escalation of the boycott campaign against Co-op. The union’s Boycott TV commercial has been seen by millions of Canadians, including during Saturday’s Gold Medal World Juniors Hockey game.

“Co-op must return to the bargaining table with a deal that does not include gutting half the value of our pensions as was promised in the last round of bargaining,” said Kevin Bittman, President of Unifor Local 594. “We just want to get back to doing the jobs we love.”

The event was streamed live on Unifor’s Facebook Page. Photos from the rally will also be available on Facebook. Facts about the dispute can be found at http://unifor594.com.

Unifor is Canada’s largest union in the private sector, representing 315,000 workers in every major area of the economy. The union advocates for all working people and their rights, fights for equality and social justice in Canada and abroad, and strives to create progressive change for a better future.

5. Dated May 15, 2019: at https://www.unifor.org/en/whats-new/press-room/unifor-energy-workers-sign-historic-pattern-deal:

May 15, 2019

MONTREAL— Unifor has achieved a new tentative agreement that establishes the pattern for 8,500 members of the National Energy Program.

“The energy and chemical sector continues to be an important economic driver in Canada. By working together, our members have used their collective power to make much-deserved significant gains,” said Jerry Dias, Unifor National President. “Energy and chemical jobs continue to be good jobs in communities right across the country.”

The tentative agreement covers Unifor members working in the sector across Canada. Suncor was selected by Unifor as the chosen employer to set the pattern that will be rolled out to the remaining employers after ratification.

During this round of bargaining Unifor and Suncor bargained both local and national issues concurrently during one week, ensuring that no one union local was left behind.

“Make no mistake: energy companies provide good jobs across this country and are critical to Canada’s economy,” said Renaud Gagné, Unifor’s Quebec Director. “Unifor members are instrumental in the success of energy and chemical companies and have earned a fair contract.” [my emphasis]

6. A campaign promoted by Unifor also claimed that, if realized, it would make the situation fair (https://www.unifor.org/en/whats-new/news/help-change-ontarios-labour-law-make-it-fair), dated July 13, 2016:

Help change Ontario’s Labour Law to Make It Fair

Today in Ontario, more than 1.7 million workers are earning at or around minimum wage and many Ontarians are trapped working precarious part-time, temporary, contract and subcontracted jobs, without a union.  

The Government of Ontario has initiated its “Changing Workplace Review” to examine the out-dated Employment Standards Act and the Labour Relations Act. In order to seize the once-in-a-generation opportunity presented by the provincial review, the OFL [the Ontario Federation of Labour] has launched the “Make It Fair” campaign [my emphasis] to push for employment reform. 

As part of this campaign, the OFL and unions across Ontario have launched a survey on precarious work – an issue that is fast becoming the ‘new normal’ for Ontario’s seven million workers.  The goal of the survey is to speak to union members about their experiences and the experiences of their families with precarious work. Lend your voice – participate in the survey here:

http://www.makeitfair.ca/precarious_work_survey

 “Inequality and precarious work are on the rise across our growing province, but collectively each of us has the power to change the law and help Ontario workers out of poverty,” said OFL President Chris Buckley.

Unionized workers have a long history of incredible gains at the bargaining table, including the 40-hour work week, maternity/parental benefits and unemployment insurance, which have become the law of the land.  

“There is an urgent need for new laws as workers, particularly young workers, increasingly find themselves in part-time or contract positions with low pay, few benefits and unpredictable schedules,” said Unifor Ontario Regional Director Katha Fortier. “Our goal is to ensure that the voices of union members are heard in the changes that will come.”

Upon finishing the survey, participants will also have a chance to enter to win a $200 gift card for either Loblaws or Metro grocery stores.  

Unifor is a member of the Ontario Federation of Labour, which represents approximately 1 million working people across Ontario.

7. Dated November 15, 2017 at https://www.unifor.org/en/whats-new/news/picket-highlights-need-first-contract-youth-workers:

Picket highlights need for first contract for youth workers

Members of Unifor Local 333 working at Kennedy Youth Services organized an information picket on November 14 to highlight their struggles to reach a fair first collective agreement and increase pressure on their employer.

Prior to bargaining the employer  repeatedly refused to follow the Employment Standards Act around overtime, meal breaks, statutory holidays and vacation pay.  Kennedy Youth Services has also failed to provide a safe work environment, with workers regularly getting injured on the job. On top of the current workplace issues, the employer is pushing to introduce a 10-year wage progression from $17 an hour to $18.75 and has made any wage increase contingent on centre funding. The bargaining committee has said firmly enough is enough and will continue to push for fairness and a safer workplace.

“We need more safety measures at work. Arms are getting broken, staff members are being beaten and nothing is done about it – it’s not right,” said Amber Simpson, bargaining committee member. “Frequently, there are untrained temporary staff people who are brought in and this puts everyone in greater danger.”

The 42 developmental service workers are employed at two residential homes, providing care and support to vulnerable youth and adults with developmental disabilities. The workers joined Unifor in February and negotiations started in late October. After two days, the employer broke away from conciliation and requested a no-board report, which opens the door to locking out the workers.

“These workers joined the union because they want to improve their working lives in areas of fair wages and work schedules, and want the employer to be sensitive to the effect their work has on their health and well-being both physically and mentally,” said Kelly-Anne Orr, national representative.

Orr said that the employer did not come to the table to negotiate a fair agreement and seems to have no interest in acknowledging even basic rights as required by the law.

8. Dated January 30, 2021 at https://ca.finance.yahoo.com/news/iiroc-trading-halt-nee-db-180300576.html

Tentative agreement reached between Unifor and VIA Rail

OTTAWA, ONJan. 30, 2021 /CNW/ – Unifor has reached a tentative contract with VIA Rail, in negotiations covering more than 2,000 rail workers.

VIA Rail train at the Belleville Station. (CNW Group/Unifor)
VIA Rail train at the Belleville Station. (CNW Group/Unifor)

“My congratulations go to members and the bargaining committees who adapted to bargaining online through the pandemic, and remained committed to reaching a fair deal for all members [my emphasis] while VIA Rail faces truly unprecedented challenges,” said Jerry Dias, Unifor National President. “We must highlight all the work done by our members to ensure safe, clean standards on board trains and also, to ensure that the trains are in impeccable condition for the safety of this critical transit infrastructure. In the current difficult circumstances, this collective agreement secures good unionized jobs in the sector for years to come.”

The agreement covers Unifor National Council 4000 and Unifor Local 100 members, who work as maintenance workers, on-board service personnel, chefs, sales agents and customer service staff at VIA Rail.

“Unifor members in rail have made incredible contributions to the industry, and advancements in workers rights and labour laws have been made possible with thanks to them. Our members are greatly affected by the pandemic, and Unifor has put all the necessary resources to support them and counter the attempts at concessions made by the employer,” said Renaud Gagné, Unifor Quebec Director.

The new 2-year contract replaced the collective agreement that expired on December 31, 2019. Contract talks began in October 2019 and were conducted in recent months remotely, with the assistance of mediators assigned by the federal government.

“I wish to thank our members for their support throughout the bargaining process. This is a good contract that will ensure fairness for members,” said Dave Kissack, President of Unifor’s Council 4000.

Zoltan Czippel, President of Local 100 echoed the message, adding that, “This deal represents the end of a long negotiation where the bargaining team put member’s priorities front and centre. I’m proud to recommend adoption.”

Details of the deal will only be released following ratification by members. Votes will be conducted in the coming weeks.

Unifor is Canada’s largest union in the private sector, representing 315,000 workers in every major area of the economy. The union advocates for all working people and their rights, fights for equality and social justice in Canada and abroad, and strives to create progressive change for a better future.

SOURCE Unifor

 

9. Dated October 20, 2019 at https://www.newswire.ca/news-releases/unifor-reaches-tentative-agreement-with-saskcrowns-853371456.html:

Unifor reaches tentative agreement with SaskCrowns

REGINA, Oct. 20, 2019 /CNW/ – Unifor bargaining committees have signed tentative agreements with SaskEnergy, SaskPower, SaskTel, SaskWater, DirectWest, and SecureTek, ending a 17-day strike by nearly 5,000 workers across the province.

“Solidarity and the support from Unifor members at all six Crowns along with those who joined our picket lines from across the province were key to achieving this agreement,” said Jerry Dias, Unifor National President. “I want to thank Ian Davidson, President, Unifor Local 649, Dave Kuntz, President, Unifor Local 1-S, Penny Matheson, President, Unifor Local 2-S and Doug Lang, President, Unifor Local 820 for showing tremendous resolve and leadership to stand together and fight back against the regressive Moe government mandate to achieve a fair collective agreement.” [my emphasis]

The details of the tentative agreements will be released following the ratification votes, which will be held this month.

Unifor members have been escalating strike action after the employers rejected the union’s offer to go to binding arbitration. On Saturday the Poplar River power plant in Coronach was behind reinforced picket lines that only granted access to essential services staff. Unifor members also picketed SaskTel dealers across the province asking customers to support locked out workers and take their business elsewhere.

“Unifor members proved that they are vital to their communities and the Saskatchewan economy,” said Chris MacDonald, Assistant to the National President.

“This was an historic and yet complicated round of bargaining and the bargaining committees will be recommending members ratify the tentative agreement reached today,” said Scott Doherty, Executive Assistant to the National President.

The members want to thank the public, and other unions and Unifor members across the country who showed support on picket lines in more than 80 locations.

Unifor is Canada’s largest union in the private sector, representing 315,000 workers in every major area of the economy. The union advocates for all working people and their rights, fights for equality and social justice in Canada and abroad, and strives to create progressive change for a better future.

SOURCE Unifor

10. Dated July1, 2019 at http://unifor1996-o.ca/unifor-demands-fair-restructuring-agreements-for-auto-parts-workers-impacted-by-gm-oshawa/:

Unifor demands fair restructuring agreements for auto parts workers impacted by GM Oshawa

ips_media_release_photo

TORONTO Unifor is reinforcing its demand for fair agreements [my emphasis] for workers negatively impacted by the discontinuation of vehicle production at General Motors Oshawa as the union enters discussions with multiple auto parts and service provider companies.

“As Unifor warned, thousands of additional independent parts and suppliers (IPS) workers are now facing job loss as a direct result of the assembly line closure at GM Oshawa,” said Unifor National President Jerry Dias. “The workers deserve respect and support as operations are restructured or wound down. Unifor is determined to secure agreements that address important issues such as transition to retirement opportunities, financial support, and adjustment support.”

Vehicle manufacturing at Oshawa GM will start to wind down in late September and cease completely in December 2019. This will cause the closure of several independent parts suppliers. An estimated 1,700 Unifor members are facing job loss due to closure or restructuring.

“In every one of these workplaces, severance is a key issue. Workers facing job loss need a financial bridge as they transition. That is why we are demanding that all of these companies step up and provide enhanced severance for affected workers,” said Colin James, President of Unifor Local 222.

The majority of the job losses will occur at CEVA Logistics, Syncreon Supplier Park, Inteva, Oakley, Auto Warehousing, Marek Hospitality, Securitas, Robinson Solutions, Robinson Building Services and Lear Whitby.

On Sunday June 23, Lear Whitby workers, members of Unifor Local 222 in Oshawa, met with Local and National Union leadership to discuss concerns over pension eligibility, severance, and health care benefits.

“This is devastating to workers at companies like Lear Whitby where the vast majority of the workers are in their mid-fifties and have at least 30 years of service. The closure creates a massive problem as it currently prevents many of these members from reaching retirement eligibility under the pension plan. This issue highlights why we fought so hard to try to convince GM to keep building vehicles in Oshawa,” said Dias. “On the other end of the spectrum are companies like Oakley and CEVA where our members are younger and need access to adjustment centre funding as they try to transition to new employment.”

The union is actively engaged in negotiations with all involved employers as it calls on the companies to provide the necessary support for workers in all age groups.

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.

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

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

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

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

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

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

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

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

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

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

Education, not enforcement, will see us through.

And we need collaboration.

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

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

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

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

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

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

OPSEU/SEFPO President Warren (Smokey) Thomas

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Which is the real Warren “Smokey” Thomas?

Union Pensions and the Inconsistency of Union Leaders

The following was posted on Facebook by one of my friends. It refers to OMERS

“OMERS, the Ontario Municipal Employees Retirement System, invests on behalf of more than 500,000 public servants, including police officers and firefighters. The fund manager’s largest customer is the Canadian Union of Public Employees. In an interview, CUPE Ontario president Fred Hahn said the union is calling for a review of OMERS investment decision-making processes after “an epic failure for workers.”

“We understand that we are long-term investors, and should not focus on results from just one year. However, OMERS has consistently underperformed versus other, similar plans,” Mr. Hahn said.

OMERS’s annual return of 8.2 per cent for the 10 years prior to 2020 trails the 9.8-per-cent performance in the same period at the Ontario Teachers’ Pension Plan and the 11.4-per-cent return over the past decade at the Healthcare of Ontario Pension Plan.

CUPE is in negotiations on retirement benefits for its members, and is pushing for increased employer contributions to pension plans.”
My reply: 
 
Once again [a similar post was posted on the same day, to which I also replied], references to OMERS’ loss of profits by Mr. Hahn involves silence concerning the source of those profits. The source of those profits is–the exploitation of workers. However, nothing is said at all about that. The concern, rather, is with the loss of profits for the plan–and not at all about the exploitation of the workers who produce profits for employers.
 
Hence, Mr. Hahn’s own statement can be turned against him. He claims:

” In an interview, CUPE Ontario president Fred Hahn said the union is calling for a review of OMERS investment decision-making processes after “an epic failure for workers.”

After Mr. Hahn’s epic failure in criticizing the exploitation of workers–the source for OMERS’ investment profits–we should review CUPE’s own silences concerning the exploitation of workers.

To start with, CUPE’s own idealization of collective agreements as “fair contracts” (fair collective agreements) shows CUPE’s “epic failure for workers.” No collective agreement is fair because working for an employer is unfair–period.

The silence of unions over such issues speaks mountains about “the epic failure for workers.”
I may add that CUPE is the largest union in Canada, and I have provided proof that it claims that collective agreements are somehow fair (see  Fair Contracts (or Fair Collective Agreements): The Ideological Rhetoric of Canadian Unions, Part One). 
 
 
Of course, there was no reply to my criticisms. The union reps do not feel the need to justify their assertions–or perhaps they prefer to keep silent since they cannot justify their assertions. 
 

Management Rights, Part Nine: Is A Collective Agreement that Involves Management Rights and the Exploitation and Oppression of Workers a Fair Contract?

In the previous post, I calculated the rate of exploitation of workers who work for Rogers Communication (see The Rate of Exploitation of the Workers of Rogers Communications Inc., One of the Largest Private Employers in Toronto). Below you will find the management rights clause of a collective agreement between Rogers Communications and Metro Cable TV Maintenance and Service Employees Association.

In a previous post, I also posted several quotes by the largest union in Canada, the Canadian Union of Public Employees (CUPE) that assert, without proof, that the collective agreements of CUPE locals are fair contracts (see Fair Contracts (or Fair Collective Agreements): The Ideological Rhetoric of Canadian Unions, Part One).

I will continue to provide occasional posts with management rights clauses from collective agreements from different provinces to show that the management rights clause is something that unionized workers face throughout Canada–and which deserve to be often discussed among union members to see whether such clauses express in any way a democratic way of living or a dictatorial way of living (for the dictatorship of employers, see for example, Employers as Dictators, Part One).

However, I will also include collective agreements that relate to my other posts on the rate of exploitation of workers who work for a particular employer. I will, in future, post both the management rights clause (if there is an explicit one since arbitrators recognize management rights even if there is no such clause in the collective agreement) from the collective agreement and simultaneously my calculation of the rate of exploitation of the particular employer in another post (when possible).

A question for those who consider collective agreements to be fair and to provide conditions for decent work to be performed: Does the following management rights clause express the freedom of the unionized workers or their lack of freedom to determine their own lives at work? If it expresses a lack of freedom, how is the collective agreement fair? How is the work performed an expression of decent work (another cliche expression used by union reps)?

I have found it interesting that, despite my posts that refer to the management rights clauses of collective agreements and my criticisms of such clauses, there have been no explicit criticisms of such posts by defenders of union reps. I suspect that unions reps, like their social-democratic counterparts, simply want to avoid the issue since it is an Achilles heel for their claim to produce “fair contracts”

From page 9:

COLLECTIVE AGREEMENT BETWEEN
ROGERS COMMUNICATIONS PARTNERSHIP
AND
METRO CABLE TV MAINTENANCE AND SERVICE EMPLOYEES ASSOCIATION
SEPTEMBER 1, 2014 TO AUGUST 31, 2019

Section 3 – Management Rights

3.01 The Association acknowledges that the Company retains the right to manage its operations in all respects in accordance with its commitments and its obligations and responsibilities, to direct the working force and to hire, promote, transfer, demote or lay off employees and to suspend, discharge or otherwise discipline employees for just cause, the right to decide on the number of employees needed by the employer at any time in accordance with the provisions of Company and Association seniority, the right to use modem methods, technology and equipment, and jurisdiction over all operations, buildings and equipment are solely and exclusively the responsibility of the employer; provided that any exercise of these rights by the Company which conflict with any provisions of this agreement shall be subject to the grievance procedure set out in Section 11. The employer also has the right to make, alter and enforce rules and regulations to be observed by the employees provided such rules and regulations are not inconsistent with the terms of this agreement.

3.02 The Company and Association agree that no employee shall in any manner be discriminated against or coerced, restrained or influenced on account of membership or non-membership in any labour organization or by reason of activity or lack of activity in any labour organization.

3.03 Supervisory/Managerial personnel will not perform bargaining unit work unless an explanation acceptable to both parties is provided for the performance of such work.

Fair Contracts (or Fair Collective Agreements): The Ideological Rhetoric of Canadian Unions, Part One

Since in this blog I have often referred to particular union reps referring to collective agreements as fair in some way, I thought it would be useful to provide further examples of this rhetoric to substantiate the view that unions function as ideologues for the continued existence of employers–even if the unions are independent of the power of particular employers and hence represent independently the workers in relation to the particular employer of the workers.

I will provide a series of examples from various unions in this series on their view of the fairness of collective agreements and collective bargaining, implied or expressed explicitly.

1. Canadian Union of Public Employees (CUPE)

  1. On February 20, 2020, the Canadian Union of Public Employees (CUPE) published the following on its website (https://cupe.ca/union-offers-better-contingency-plan-city-toronto-negotiate-fair-contract).

Following the City of Toronto’s announcement on contingency plans for a possible labour disruption, CUPE 416 offered their own plan, one that respects all parties: negotiate a fair contract and avoid a labour dispute.

Nowhere does the webpage indicate what is meant by ‘fair contract.” The complaint against the City of Toronto as employer in relation to collective bargaining seems to have to do with the implied bad faith in bargaining–hence the reference to ‘respects all parties.” It is implied that the City of Toronto’s bargaining team does not respect the other party–the negotiating team and, by implication, the city of Toronto’s unionized workers. If only the city’s negotiating team would engage in real negotiations rather than aiming for a labour dispute from the beginning, then a fair contract could arise, it is implied:

“How does the City Manager stand up there and say the City respects its workers and looks out for the best interests of residents when they have been driving these talks toward a deadline and a dispute from the beginning?” said Eddie Mariconda, president of CUPE 416.

It is never questioned how treating human beings as costs could indicate an unfair situation as such:

 “They say that they want a contract that is affordable and sustainable. 416 members are already affordable and sustainable, and we deliver great services too.

City of Toronto workers are affordable–their costs are “reasonable.” How treating workers as costs is reasonable is never explained–it is assumed. Treating workers as costs reduces human beings to mere means to ends defined by others (see The Money Circuit of Capital).

It should be noted that CUPE is the largest Canadian union (from https://cupe.ca/cupe-largest-union-canada-and-we-keep-growing):

Canada’s largest labour union keeps on growing as today we announce our membership has reached 680,000 workers nationwide.

2. In the Collective Bargaining section of the CUPE website (https://cupe.ca/collective-bargaining) , we read:

Negotiating strong contracts for our members is what we do best. The solidarity of our members is the heart of our bargaining power, and makes gains possible. Together, we’ve built strong communities and achieved better wages, benefits, pensions and fair treatment, for workers.

It is implied that it is possible to be treated fairly despite the existence of the employer-employee relation. If, however, the employer-employee relation is inherently unfair, then CUPE’s reference to fair treatment (by means of, probably, collective bargaining and collective agreements) in effect justifies the continued oppression and exploitation of workers. After all, if workers are indeed fairly treated by means of collective bargaining, collective agreements and the existence of unions, then there is no need to aim for the abolition of the class power of employers. Furthermore, workers who work in unionized environments who still consider their treatment by the employer to be unfair–despite such treatment not breaching the collective agreement–would logically be subject to criticism by union reps or at least indifference.

3. On CUPE Local 79, it reads http://cupelocal79.org/bargaining/ (of course, this link may no longer exist once a collective agreement has been signed):

CUPE Local 79 is entering into negotiations with the City of Toronto in late 2019 as the four collective agreements expire on December 31, 2019. Our union is seeking a fair deal for City of Toronto employees who work hard every day to take care of Toronto.

4. Another webpage (https://cupe.on.ca/marchingforfairness/ ) has the following (no date):

We are asking the March of Dimes to support us in the work that we do by negotiating a fair contract that respects the residents of March of Dimes Independent Living and the support workers who empower them to live independent lives. Help us by sending a message to the March of Dimes to ask them to negotiate a fair contract of support service attendants.

5. Dated November 16, 2020, the following post implies that unionized workers not only desire fair treatment but actually obtained it by means of collective bargaining and the collective agreement (https://cupe.ca/new-collective-agreement-garda-employees):

New collective agreement for Garda employees

This Monday, the Syndicat des employé.e.s du transport de valeurs et des salles de comptage de Garda (SNCF-SCFP 3812) signed a new six-year collective agreement, which calls for wage increases of 14% for the period between 2018 to 2024.

“The union achieved the objectives it wanted, particularly with respect to salaries and full retroactivity for all employees and major adjustments to schedules and statutory holidays. We have adjusted to the health crisis and have held virtual general meetings, including a vote. The agreement achieved 73.5% support, reflective of the excellent work done by the bargaining committee,” declared Jocelyn Tremblay, a CUPE union representative and trustee of SNCF-SCFP 3812.

In addition to maintaining and even improving their purchasing power, the union is particularly proud of regaining several things they had negotiated after rejecting an initial tentative agreement in April 2019. The employees subsequently voted more than 83% in favour of resorting to pressure tactics up to and including an unlimited general strike.

“This mobilization on the part of employees enabled us to be heard at the bargaining table. These people showed management that they wanted a fair agreement in line with the efforts made on a daily basis for the company,” added CUPE union representative Marcin Kazmierczak.

SNCF-SCFP 3812 represents slightly more than 1000 members.

6. On June 30, 2020, we read, from the National President’s Report (https://cupe.ca/national-presidents-report-june-2020):

The only sector presently bargaining with government is the health care sector. At that table, the government’s opening proposals included eliminating any retroactivity for wages beyond the April 1, 2020 effective date. This was rejected and CUPE will continue to fight for a fair collective agreement [my emphasis] and a strong pension plan.

7. On August 21, 2020, we read (https://cupe.on.ca/solidarity-with-port-of-montreal-longshore-workers-cupe-ontario-salutes-the-announcement-of-a-truce/):

CUPE Ontario’s 280,000 members salute the announcement of a truce agreed to today between striking longshore workers at the Port of Montreal, members of CUPE Local 375, and the Maritime Employers Association (MEA). Both parties announced during a joint press conference that they believe they can come to a negotiated collective agreement during the truce which will end on March 20, 2021.

On August 10th, the 1,125 longshore workers began strike action to defend their collective agreement after the employer, MEA, unilaterally changed working conditions.

The workers’ previous collective agreement expired on December 31, 2018 and, instead of negotiating a fair agreement [my emphasis], the employer had been attacking workers’ rights, threatening the use of replacement workers, and diverting ships to other ports, including those outside of Canada.

The MEA spent months attacking workers’ rights in the courts, making the case that all members of CUPE Local 375, working at the Port of Montreal, should not have the right to strike. But the longshore workers fought back, and the Canada Industrial Relations Board upheld their existing strike rights. This was an important victory, not only for longshore workers at the Port of Montreal, but for all working people in Canada.

Since the beginning of the strike, CUPE Local 375 members have offered to unload and move all cargo linked to fighting the COVID-19 pandemic to ensure community safety. Despite this, the employer has tried to use the pandemic as an excuse to threaten the use of replacement workers, otherwise known as scabs. This week, when it looked like the employer was going to enact the threat, the Local mobilized with other unions for mass solidarity picket which caused the employer to back down.

CUPE Ontario will act in steadfast solidarity with CUPE Local 375 until the parties reach a fair collective agreement that treats the Port of Montreal longshore workers with the respect they deserve. The members of CUPE Ontario will continue offering support and resources to defend Local 375 members’ rights and protect working conditions.

Fred Hahn, President

Candace Rennick, Secretary-Treasurer

It may seem inappropriate to criticize those who defend workers from attacks of employers. Attacks from particular employers or a group of employers do indeed need to be criticized, and to that extent Fred Hahn’s and Candace Resnick’s critique of the Maritime Employers Association should be praised. On the other hand, the reference to “fair agreement” needs to be criticized. 

8. On November 4, 2019, we read (http://cupe1764.ca/help-brampton-caledon-community-living-workers-get-a-fair-contract/): 

Help Brampton-Caledon Community Living workers get a fair contract

We are the members of CUPE 966. We work hard every day to provide the quality care at Brampton-Caledon Community Living (BCCL). It can be difficult work, but we do it because we care about the individuals we support, and we love to make a difference for them and their families.

BCCL is attempting to make our jobs even more difficult by keeping workers in precarious, part-time positions. We just want to negotiate a fair contract that respects our physically demanding work and protects the services we provide. We believe that no worker should see their working conditions reduced. We do not want a strike, but we are being pushed that way.

Help us continue to provide quality care to the individuals we support by telling BCCL to negotiate a fair contract now! [my emphasis]

It may seem even more inappropriate to criticize those workers who are experiencing an attack by an employer. However, where does their idea of a “fair contract” come from? Have they been indoctrinated by CUPE (and other unions)? Do they really consider it possible to obtain a fair contract? Even if they do, what is their view of management rights? 

9. On another CUPE webpage, we read (https://cupe.on.ca/somethingspecial/):

10. We read, on December 2, 2015 (https://cupe2544.ca/with-deadline-looming-warden-woods-needs-to-get-serious-about-negotiating-a-fair-contract/): 

With deadline looming, Warden Woods needs to ‘get serious’ about negotiating a fair contract

With a strike deadline of December 13 rapidly approaching, the union representing workers at Warden Woods Community Centre urged management to ‘get serious’ about negotiating a fair collective agreement. [my emphasis]

“For more than a year, our members have been trying to negotiate a fair first contract [my emphasis] with Warden Woods, but I am extremely concerned that management needs to get serious about finishing the job,” said Barbara Garcia, President of Local 5218 of the Canadian Union of Public Employees (CUPE 5218).

“The community depends on, and expects, the vital services our members provide. We’re committed to this community, but Warden Woods’ management needs to demonstrate their commitment to getting the job done.

CUPE 5218 has been in negotiations with Warden Woods for over a year. While some progress towards securing a first contract has taken place, several items remain outstanding. Additionally, staff have not had a wage increase in eight years.

The countdown to a lockout or strike began when Warden Woods’ management declared an impasse last month.

“We are prepared to bargain for as long as it takes to secure a fair contract, but the employer’s actions have set us on a fast track to a work stoppage, unless they get serious about finishing the job of negotiating with us,” said Garcia.

“We have been extremely reasonable in offering good faith solutions we believe are fair to our members [my emphasis], protect vital public services the community depends on, and ensure the long-term viability of Warden Woods,” she added.

Warden Woods is a multi-service community agency based in Scarborough providing supports to seniors, youth and children. The 44 members of CUPE 5218 provide a wide range of programming and services at the main office, several satellite locations, and in people’s homes.

For more information, please contact:

Barbara Garcia
CUPE 5218 President
416-725-4437

Kevin Wilson
CUPE Communications
416-821-6641

The use of the term “fair” in “fair contract,” “fair treatment,” and “fair deal” is not accidental. The implication is that the goal of collective bargaining must not just to achieve a contract or collective agreement–but a fair contract or agreement. The goal of reaching a collective agreement is qualified constantly by the adjective “fair.” The natural question would be: In what way is it fair? What is meant by a “fair contract,” etc.?

Nowhere does CUPE explain what it means by a fair collective agreement or how it is possible given the power of employers as a class. Why is that? Why is it that the union often qualifies the contract or collective agreement as “fair?” Is it by accident, or is it a means to “sell” the collective agreement to its members?

Would it be more in the interests of workers to point out that the collective agreement is unfair–but it is the best that can be obtained under the circumstances (the power structure that currently exists)? Or would it be better to merely express the rhetoric of fair contracts, etc. without discussing what is meant by that?

Which is a reformist tactic? A tactic in the best interests of workers?

Working and Living in a Society Dominated by a Class of Employers May Be Dangerous to Your Health

In some previous posts, the title was “Working for an Employer May Be Dangerous to Your Health.” I have changed the title since this post is not just directly about working for an employer.

As has been implied in the previous post on this topic, the shift to legislative measures to address health and safety concerns removed workers’ definition of problems of health and safety in relation to social causes and transformed the definition into a technical issue over health and safety.

This shift in turn involved a shift from concerns for legislation to concerns for administrative measures. This shift to administrative measures protects employers better by limiting democratic pressure by means of legislative processes. Of course, such legislative processes should not be idealized. They, too, are subject to pressures of various kinds, such as economic pressures, political (power) pressures and ideological pressures.

Legislative and Administrative Processes as Inadequate to Protect Workers

As a result, legislative measures to protect workers from dangers at work often end up being watered down–as I pointed out in another post:

However, peeling back the veneer of the federal government’s so-called crackdown on violent crime reveals a much different story. To start, it took more than ten years to introduce a new law in response to a single and violent mass killing in which twenty-six Canadians died. What is more, despite widespread political support, many politicians – particularly those with an affinity for law-and-order policies – cautioned against going too far in terms of holding offenders criminally responsible for their harmful acts (Bittle and Snider 2006).

The implicit attitude of many legislators and administrators–that deaths at work are simply unintended and inevitable facts of the world that cannot be changed–points to the inadequacy of legislative and administrative measures for protecting life and limb of workers. From Steven Bittle, doctoral dissertation, Still Dying for a Living: Shaping Corporate Criminal Liability After the Westray Mine Disaster, pages 88-89:

… we argued that conservative conceptualizations of corporate crime dominated the process leading to the enactment of the Westray bill, thereby limiting the reform options that were given serious consideration. Three main arguments supported the analysis. First, legislators emphasized the importance of traditional legal language–particularly the doctrine of mens rea, or the legal need to establish the guilty mind of an individual – which downplayed alternative approaches to combating corporate criminal liability (also see Wells 1993: 1). Second, neo-liberal discourses helped ensure that the legislative framework conceptualized workplace safety as a shared responsibility amongst workers, managers and employers, despite the fact that few employees, namely those who carry out day-to-day production processes, have control over their working conditions (even though they bear the costs of unsafe working environments). Third, dominant conceptualizations of corporate capitalism, the idea that corporations are vital for the effective functioning of the Canadian economy, helped protect against the enactment of overly stringent legislation. Overall, given the convergence of various conservative discourses that dominated the reform process, we questioned the ability of the Westray bill to hold corporations to account for their harmful actions.

Why is it that the social-democratic left and unions do not discuss openly and thoroughly the issue of the systemic inadequacy of legislative and administrative efforts to protect workers? There is a definite need to enter into debate over such an issue, but there is an equally definite lack of discussion of such an issue. The current pandemic should have been an occasion to reassess the whole issue of the health and safety of workers–and indeed of the general population–in the context of a society dominated by a class of workers.

There has not been much real discussion about the need to overcome the power of the class of employers if we are to address adequately the health and safety of workers and the general population.

Indeed, the Trump’s administration’s efforts to downplay the tragedy of the pandemic has antecedents in the downplaying of the real cost of life, health and limb of workers and the general population in the context of a society dominated by a class of employers.

Reported Statistics on Health and Safety Versus the Probable Real Situation of Workers and the General Population

In a previous post, I indicated that official statistics show that around 1,000 workers die at work yearly when compared to around 550 murders years (see The Issue of Health and Safety in the Workplace Dominated by a Class of Employers). Official statistics are, however, just that, official. They are produced through administrative processes that define what constitutes an “official death.” By contrast, there have been estimates that express a much larger number of deaths in Canada due to work-related incidents. Thus, Steven Bittle, Ashley Chen and Jasmine Hébert report a much higher figure in their article (Fall 2018), ““Work-Related Deaths in Canada,”, pages 159-187, in Labour/Le Travail, Volume 82, page 186:

Relying on a range of data sources, and adopting a broad definition of what constitutes a work-related fatality, we generated a revised estimate of the number of annual work-related fatalities. Based on our analysis, we estimate that the number of annual work-related fatalities in Canada is at least ten to thirteen times higher than the approximately 900 to 1,000 annual average fatalities reported by the AWBC [The Canadian Association of Workers’ Compensation Boards of Canada]. This makes work-related fatalities one of the leading causes of death in this country

Undoubtedly the 554 murders reported in Canada are also an underestimate–probably due to racist and sexist attitudes and organizations (the underreporting of, for example, murdered Aboriginal women). However, it is highly unlikely that the number of unreported murders even approaches half the number of estimated work-related deaths.

The authors provide the following table to substantiate their claims (slightly modified to accommodate the formatting of this post), page 169:

Work-related cause of deathEstimated fatalitiesEstimated fatalities
Injury fatalitiesOccupational-disease fatalities
AWCB’s average from 2014–16 (see note a below)332
Commuting/Driving to and from work466
Agricultural64
Non-reporting/reporting errors20
Non-working victims90 (see note b below)
Work-related suicides400–789
Mesothelioma485
Other cancers5,959–8,939
copd (see note c below)2,062
Estimated injury total972
Estimated disease total8,906–12,275
ESTIMATED TOTAL: 9,878–13,246

Note a: The AWCB’s statistics include only deaths from a traumatic incident or “accident.” We exclude occupational diseases and cancers to avoid duplication with our revised numbers concerning these fatalities.
Note b: This figure is based on TSB (Transportation Safety Board of Canada) information and is thus a conservative estimate. There are a significant number of unknown cases that could also be included in this category.
Note c: copd (chronic obstructive pulmonary disease) refers to progressive and incurable lung diseases, including emphysema, chronic bronchitis, and refractory asthma.

Given the threat to their health of many workers and citizens, there should be persistent discussions of how legislation (and administration procedures) fail to protect workers–systematically, and not accidentally–in the context of a society dominated by a class of employers.

Accidents there will always be–but it is necessary to create a society that minimizes the probability of such accidents. Where is the movement or organization that is consciously aiming to abolish this carnage?

Is there fear among the social-democratic left and union reps to do so? What else would explain such silence over an issue that is of vital concern for workers? Union reps and the social-democratic left may complain about such facts and try to reduce the number of deaths, but unless the root cause of such deaths–the lack of control by workers and citizens over their own lives–is addressed, all complaints and proposed solutions will be measures that may reduce but not eliminate unnecessary deaths.

I have quoted this before, but it is often appropriate when addressing the inadequacies of social-democratic deficiencies. From Capital: A Critique of Political Economy. Volume 1: The Process of Production of Capital (page 91):

Perseus wore a magic cap so that the monsters he hunted down might not see him. We draw the magic cap down over our own eyes and ears so as to deny that there are any monsters.

The Monster Pandemic

The monster called the COVID-19 pandemic still exists, but there is little direct questioning of the kind of society that permits millions to die–while the stock market rises.

For example, it is implied that there is a crisis in Ontario health care, especially in long-term care homes, due to the Covid pandemic in a post on the Socialist Project’s website on January 8 (see https://socialistproject.ca/2021/01/covid19-crisis-situation-ontario/). The title of the post is “COVID-19 Crisis Situation In Ontario: Deadliest Day of the Pandemic,” produced by the Ontario Health Coalition. It is divided into four sections: a short introduction, a section titled “Hospitals,” another titled “Long-Term Care,” and a final section titled “Stronger Public Health Measures Needed Now.”

The introduction points out that January 7, 2021 constituted the highest number of deaths in Ontario (a province in Canada) since the pandemic became official. It argues that stronger measures are required and greater supports are required for the most vulnerable. In other words, it outlines some of the problems and offers some solutions.

The sections on hospitals and long-term care outline the dire situation of hospitals and long-term care homes–such as hospitals filled to capacity, morgues in some cities full, a dramatic rise in the number of deaths in long-term care homes.

The final section outlines some immediate solutions:

  1. “stronger safety and infection control measures in open businesses, full public reporting of outbreaks, more effective and coherent shutdowns.”
  2. “individuals whose employment has been or will be impacted need full support for income and housing, and local businesses need full supports to survive the pandemic.”
  3. “Our government can do a much better job of providing coordination and supports for these protections.” Including:
  • “Stronger, more coherent public health measures, including a fast ramp up of testing, contact tracing and quarantine capacity in public health and labs must be undertaken now so that the province can get the spread of the virus under control.
  • There must be fewer contacts among people to reduce community and workplace transmission and stronger public health measures across the board, including shutdowns and stronger safety measures in open businesses, must be undertaken.
  • The crisis in staffing capacity in long-term care must be addressed without any further delay.
  • The vaccine roll-out needs to be coherent, competent and much faster.
  • Community care, which is taking more of the burden of COVID-19 cases as hospitals are full, must be provided with clear directives to ensure staff have proper PPE including N95 masks.”

Given the emergency situation, certainly the identification of such immediate problems and proposed solutions to such problems is warranted. They are necessary and urgent. We need, as the post does, guidelines about what needs to be done immediately to address the inadequate responses by the Doug Ford government to the crisis in health care in the context of the pandemic.

However, this short-term could at least have been linked to both the specification of the longer-term problems that led to the pandemic and to longer-term goals that address the problem of overcoming economic, political and social structures that treat human beings as expendable costs in the production and exchange of commodities or as costs in long-term home care.

Some of the longer-term conditions for the emergence of Covid-19 are outlined by Mike Davis in his work (2020) The Monster Enters: COVID-19, Avian Flu and the Plagues of Capitalism:

But this time around there was little mystery about the identity of the microbe—SARS-CoV-2 was sequenced almost overnight in January—or the steps necessary to fight it. Since the discovery of the HIV virus in 1983 and the recognition that it had jumped from apes to humans, science has
been on high alert against the appearance of deadly new diseases with pandemic potential that have crossed over from wild fauna. This new age of plagues, like previous pandemic epochs, is directly the result of economic globalization. … Today, as was the case when I wrote Monster fifteen years ago, multinational capital has been the driver of disease evolution through the burning or logging out of tropical forests, the proliferation of factory farming, the explosive growth of slums and
concomitantly of “informal employment,” and the failure of the pharmaceutical industry to find profit in mass producing lifeline antivirals, new-generation antibiotics, and universal vaccines.

Forest destruction, whether by multinationals or desperate subsistence farmers, eliminates the barrier between human populations and the reclusive wild viruses endemic to birds, bats, and mammals. Factory farms and giant feedlots act as huge incubators of novel viruses while appalling
sanitary conditions in slums produce populations that are both densely packed and immune compromised. The inability of global capitalism to create jobs in the so-called “developing world” means that a billion or more subsistence workers (the “informal proletariat”) lack an employer link to healthcare or the income to purchase treatment from the private sector, leaving them dependent upon collapsing public hospitals systems, if they even exist. Permanent bio-protection against new plagues, accordingly, would require more than vaccines. It would need the suppression of these
“structures of disease emergence” through revolutionary reforms in agriculture and urban living that no large capitalist or state-capitalist country would ever willingly undertake.

Does the Ontario Health Coalition look at not only the immediate threat and its solutions but also the wider social context? The indirect criticism of neoliberal cuts in health care are implied: “The crisis in staffing capacity in long-term care must be addressed without any further delay.” The longer-term problems associated with the kind of society that is dominated by a class of employers is shuffled off into outer space, where it will be addressed who knows when or how.

Surely, the issue of health and safety in a society dominated by a class of employers should be a center-point for discussion and what can be done about it. Short-term problems and appropriate measures to be taken do indeed need to be discussed, but this pandemic is no longer something a few weeks or months old. We are now in 2021. Why are not the longer-term problems associated with an economic, political and social structure that has not only fostered conditions for the emergence of deadly viruses and their spread not discussed? Why are there not deep discussions about possible solutions to this large-scale problem?

The Ontario Health Coalition, in its article, instead of providing such a discussion and a vision of how we can prevent this situation from ever happening again, mainly focuses on immediate problems. These are indeed necessary–but they are hardly sufficient.

One last point. The Ontario Health Coalition is just that, a coalition. The interests of the working class do indeed require entering into coalitions, but first workers need to create their own independent position so that their interests are not absorbed into high-sounding phrases that lead nowhere. For example, this is what we find on the Ontario Health Coalition website in its section on “About Us” ( https://www.ontariohealthcoalition.ca/index.php/about-us/mission-mandate/):

Our primary goal is to protect and improve our public health care system. We work to honour and strengthen the principles of the Canada Health Act. We are led by our shared commitment to core values of equality, democracy, social inclusion and social justice; and by the five principles of the Act: universality; comprehensiveness; portability; accessibility and public administration. We are a non-profit, non-partisan public interest activist coalition and network.

What is meant by “equality, democracy and social justice?” Can such goals ever be achieved in a society dominated by a society characterized by the dominance of a class of employers? How is that possible, given that workers are means to be used by employers and costs to the employers (see The Money Circuit of Capital)? Is it possible where workers are dictated to by management as the representative of employers in various ways (see, for example, Management Rights, Part One: Private Sector Collective Agreement, British Columbia and, more generally, Employers as Dictators, Part One)?

We do not need rhetoric. We need an accurate assessment of what threatens us in the world and what we can do about it.

Or do we deserve less than this?

 

Do Workers Work for a Particular Employer or for the Class of Employers? Part Two: Critique of Unions and the Social-Reformist or Social-Democratic Left

Introduction

This is a continuation of the previous post (see Do Workers Work for a Particular Employer or for the Class of Employers? Part One: A Limitation of Some Radical Left Critiques of Capitalist Relations of Production and Exchange (A.K.A. Capitalism)). In that post, I criticized some of the radical left for one-sidedly implying that workers only work for the class of employers; such a view is true, but it excludes the other truth, namely, that workers also work for a particular employer and indeed experience that fact immediately. Working for a particular employer is what workers are conscious of–and not that they work for the class of employers.

On the other hand, the social-reformist or social-democratic left often commit the opposite error of practically ignoring union representatives’ assumption that the relationship of workers to a particular employer by means of collective bargaining, a collective agreement, labour legislation and local union democracy, can express something fair. Such a view ignores the fact that, although workers at any particular time work for a particular employer–yet when considering, on the one hand, the whole working class, they do work for a class of employers and, on the other, when considering the whole life of an individual worker.

Dependent Local Unions Versus Unions That Are Independent of a Particular Employer

This can be seen in reference to Herman Rosenfeld, a self-declared Marxist here in Toronto and former worker in the automobile industry.  For example, he justly criticizes a clause in the collective agreement between Magna International and the Canadian Autoworkers Union (CAW) (now Unifor), but he one-sidedly idealizes CAW Local 88 and fails to analyze critically either the collective-bargaining process or the resulting collective agreement. 

Mr. Rosenfeld rightly criticized the Canadian Framework of Fairness Agreement when it first came out (see Magna Is Not CAMI):

This “Framework of Fairness” is based on Stronach’s time-tested system of anti-union structures. Rooted in the human relations practises developed in the 1920s to keep industrial unionism out of mass workplaces, Magna’s paternalistic system attempts to build-in loyalty and dependence on management. It also seeks to individualize worker concerns and issues. All of this is institutionalized in the CAW-Magna framework. [CAW was the Canadian Auto Workers union; it is now Unifor.] 

As has also been pointed out, any real effort to create an independent union presence and structure is stymied by the time frame involved in the deal and the commitments embedded in it: it would take about 10 years to organize the various plants in increments of 3 or 4 per year. If the CAW tries to subvert the process at any time, Magna could end the entire project. Besides, the agreement itself commits the union NOT to subvert the process and build an independent union structure.

Needless to say, the collective shop-floor struggles that built Local 88, culminated in the successful 1992 strike and paved the way for the strong union local they are today are not possible at Magna. Workplace struggle would be policed there (according to commitments made in the framework), rather than led by the union.

I will assume, for the sake of argument, that Mr. Rosenfeld’s comparison of (at the time) CAW Local 2009 AP and CAW Local 88’s union are accurate. In other words, I will not dispute the accuracy of Mr. Rosenfeld’s comparison of the two locals (and their collective agreements).

To understand why Mr. Rosenfeld opposes the “CAW-Magna framework,” I searched for the most recent collective agreement between Magna International and any union on the Web. Unfortunately, the most recent one I found was the collective agreement between Magna International and Unifor Local 2009 AP that has already expired:

NATIONAL COLLECTIVE BARGAINING AGREEMENT
BETWEEN:
MAGNA INTERNATIONAL INC.
– AND –
UNIFOR, and its Local 2009 AP

The collective agreement lasted four years:

This agreement shall remain in effect for a four-year period, from the date of ratification, November 7, 2013 until November 6, 2017 at 11:59 p.m.

The most recent collective agreement would, of course, have been preferable.

The 2007 Canadian Framework of Fairness Agreement is incorporated into the collective agreement. Some of this Framework is reproduced below to get a flavour of its nature:

A. Background and Principles

1. Introduction

Canada’s automotive assembly and parts industry is our country’s most important high-technology, value-added, export industry and employs thousands of people directly and indirectly. It makes a crucial contribution to family incomes, productivity growth, and foreign trade performance. Because of the high productivity of the industry and because of the strong linkages between assemblers, parts producers, and the thousands of companies which supply them (with everything from components to materials to services), every new job in an assembly or parts facility ultimately generates several additional jobs for Canadians. Automotive manufacturing is one of Canada’s only industrial “success stories,” and has made a crucial contribution to diversifying our economy away from an exclusive reliance on the production and export of natural resources and energy. For all of these reasons, the auto industry holds an immense economic and social importance to Canada.

Within this context, Magna and the CAW are motivated by the shared goal of not only preserving but expanding Canada’s automotive sector through high-performance work practices; investments in both capital and human resources; effective and just labour relations; world-class quality, productivity, and reliability; developing and renewing top-quality skilled trades; and continuing to support and enhance social and environmental sustainability.

As each stakeholder – companies, unions, employees, communities and government – shares in the benefits of a successful and prosperous automotive industry, each stakeholder must also contribute, in a meaningful way, to ensuring that continuing success.

This responsibility requires that all parties seek new and innovative ways to deal with the industry’s challenges, working cooperatively to achieve these goals. To this end, Magna and the CAW are committing with this Framework of Fairness Agreement (the “FFA”) to develop a new, innovative, flexible, and efficient model of labour relations. This model will combine the best features of union representation, with Magna’s established culture of workplace democracy and fair treatment (as embodied in the Magna Employee’s Charter). The model incorporates aspects of existing North American and European labour relations practices, yet will also reflect a uniquely Canadian attempt to combine industrial and financial success with principles of fairness and social responsibility.

Given the exploitative nature of the relations between workers for Magna and Magna as their employer (see  The Rate of Exploitation of Workers at Magna International Inc., One of the Largest Private Employers in Toronto, Part One), references to “fairness” and “social responsibility” ring hollow.

Mr. Rosenfeld, from the point of view of the interests of workers, is thus right to criticize such a clause in a collective agreement. 

By contrast, according to Mr. Rosenfeld, Local 88, unlike Local 2009 AP, developed as an independent union that emphasized the opposition between the workers which it represented and

CAMI [GM assembly plant in Ingersoll, Ontario, Canada) included an elected workplace committee of union representatives, a democratic structure independent of management, to defend workers’ interests. The CAW as a whole maintained a commitment to an independent union presence in the workplace, expressing a different ideology and set of interests than that of the employer. The CAW national representative who serviced the CAMI union was an experienced working class fighter, who helped to mentor the new union reps. (That was only made possible by the existence of the elected body of union representatives, independent of management and beholden only to the members who elected them).

That was reinforced by a CAW Statement on Work Reorganization that asserted:

As we mobilize against regressive taxation, the weakening of unemployment insurance or plant closure legislation, we are reminding our members that the “team” they are on is not the same as their employer, and the ‘adversary’ is not other workers but those who are on the other side of these issues. Similarly, as we take on other collective bargaining issues – like opposing profit-sharing, or demanding indexed pensions or insisting on some movement towards reduced worktime, the message that the needs of working people are quite different from those of management is constantly articulated.

Such a union–and a corresponding collective agreement that reflects such a union–is certainly much more preferable to the union established at Magna–and its corresponding collective agreement:

As has also been pointed out, any real effort to create an independent union presence and structure is stymied by the time frame involved in the deal and the commitments embedded in it: it would take about 10 years to organize the various plants in increments of 3 or 4 per year. If the CAW tries to subvert the process at any time, Magna could end the entire project. Besides, the agreement itself commits the union NOT to subvert the process and build an independent union structure.

A union that can oppose its particular employer is certainly much more preferable to one that cannot–and hence Local 88 and its structure serves much more the immediate interests of the workers than union represented by workers at Magna International:

Needless to say, the collective shop-floor struggles that built Local 88, culminated in the successful 1992 strike and paved the way for the strong union local they are today are not possible at Magna. Workplace struggle would be policed there (according to commitments made in the framework), rather than led by the union.

The CAW President of Local 88 at the time, Cathy Austin, wrote a letter to the editor, dated  of the Toronto Star (a major newspaper in Toronto, Ontario, Canada), saying similar things: 

The first collective agreement at CAMI was negotiated before production started. It offered the barest of guidelines of how ideas such as team concept were actually to be worked out in practice in a unionized environment. The agreement represented a tactical compromise. On the one hand, the contract departed from standard agreements in the auto industry. It committed the union to the principals of the Japanese Production System including team concept, substantial management flexibility and kaizen (continuous improvement). Additionally, the union agreed to an economic package on wages and benefits that fell below the industry norm. However, despite these tactical compromises the first contract contained provisions for important union principals such as union security, recognition of union elected and independent workplace representatives, union committee persons and a true grievance procedure.

Our local wasted little time in establishing an independent presence in the plant. Over time the union began to demand changes and workers fought back. By contesting CAMI policy and practice, the members increasingly came to see the local as an independent force that championed the cause of workers’ dignity and rights.

Fighting to Make Gains Against the Class of Employers? 

Mr. Rosenfeld, however, then makes some assertions without explaining what he means:

Another major difference from CAMI is the larger role of the CAW. In the CAMI era, the union was clearly committed to challenging the ideology of partnership and competitiveness, fighting to make gains against employers and defending workplace rights as well as wages and benefits and embarking upon ambitious political projects that questioned the logic of competitiveness and globalization [my emphasis].

What does it mean to fight “to make gains against employers?” Since he did not elaborate, I searched further to see what he might mean. I found the following written by Mr. Rosenfeld, from Labour Notes, July 31, 2005, titled Reflections on the Birth of the Canadian Auto Workers  :

This July marks the 20th anniversary of the founding of the Canadian Auto Workers. The CAW was created out of a split from the U.S.-based United Auto Workers, at the beginning of a difficult era that is still with us.

The CAW split with the UAW over a series of fundamental differences. The CAW’s leaders believed that unions—and the workers they represent—have interests that are independent and different from those of their employers; that the role of a union is to fight for workers’ interests—not to sell the agenda of employers; that the competitiveness of employers is a constraint on unions and workers, not something that unions should see as their goal.

The CAW’s birth marked a major shift in the Canadian labor movement. The split was seen both as a statement that Canadian workers can build their own union movement free of U.S. tutelage and as a bold challenge to the employer offensive that sought to change the very nature of unionism.

CONFLICT OVER CONCESSIONS

In the early 1980s, U.S. auto companies and the UAW agreed to radically change the role of unions. Accepting the Big Three’s argument that U.S. automakers’ success against offshore competitors could only be assured by worker concessions—like replacing wage increases with lump-sums and profit sharing—UAW leaders saw their role as selling this perspective to their members.

It began in 1979, with Chrysler on the verge of bankruptcy. Both the UAW and its Canadian leadership agreed to temporary concessions. But when the U.S. Congress demanded more concessions as the price of further aid, the Canadians balked.

In subsequent negotiations, as Chrysler’s outlook improved, the Canadian UAW demanded and won back the concessions in the face of opposition from UAW leadership.

When GM and Ford followed suit, calling on the union to re-open their collective agreements in 1982 bargaining, the UAW leadership accepted. But they had to organize a campaign to “sell” concessions to their own members, and quash or marginalize any opposition.

In fact, when GM and the UAW first tested the waters amongst GM workers in the United States, the workers rejected concessions. Traditions of resistance remained in the union and it took years of effort by the leadership to try and root it out.

Again, unions that are independent of particular employers, that oppose concession bargaining, that have a democratic structure, have the ability and willingness to strike, fight for more general rights (such as easier access to unemployment insurance, improved federal pensions and similar reforms) are certainly preferable to more conservative unions.

Independent Local Unions Need Not Oppose the Class of Employers

Nonetheless, there is a qualitative difference between such unions and efforts to go beyond the class power of employers. Mr. Rosenfeld does not address this issue at all; alternatively, he implies, without evidence, that unions that aim for certain general rights (outlined in the previous paragraph) somehow fight against the class of employers consciously as a class of employers.

Independent unions at the level of the particular company or firm need not  be independent at the level of classes.

Actually, it is Ms. Austin’s letter to the editor which expresses in a compact manner, both what is right and what is wrong with Mr. Rosenfeld’s position. She specifies three aspects that are characteristic of what her and Mr. Rosenfeld would probably call progressive unions:

There are three fundamental differences between our ‘foot in the door’ collective agreement at CAMI in 1988 and the current Magna deal; first a democratically elected independent union representation directly elected by and accountable to the membership, secondly a grievance procedure, third the right to strike (which we did for 5 long weeks in 1992). The differences between the proposed Magna deal and CAMI are monumental in the lives of workers. At the October 28th membership meeting the members of Local 88 unanimously endorsed a resolution opposed to this flawed agreement. The workers at Magna need and deserve the royal blue colour of the CAW not the yellow of a company union. •


A union democratically elected by its membership may be independent of the influence of the particular employer, but the union itself, within the collective bargaining regime set up since 1944 in Canada (during the Second World War) hardly makes unions independent of the class power of employers. They operate on the basis of laws that establish their legitimacy and limits of action. Such laws and limits influence what unions do and how they act.

This limitation can be seen, for example, in how union representatives view collective agreements and how they justify them. On the Unifor Local 88 website, for instance, there is a history section, with the following (my emphasis):

1992-Strike

The 1992 Collective Agreement was a struggle to achieve. These set of negotiations were very tough. Both the Union and the Company had many differences that could not be settled. As a result the membership of CAW Local 88 endured a five week strike against CAMI Automotive. The membership grew up very quickly and was determined to negotiate a fair and respectful collective agreement. Shortly after the October 1992 Thanksgiving weekend a collective agreement was voted upon and ratified by the membership.

How can any collective agreement express “a fair and respectful agreement?” Since workers are exploited at work (see, for example, The Rate of Exploitation of Workers at Magna International Inc., One of the Largest Private Employers in Toronto, Part One)  how can any union “negotiate a fair and respectful collective agreement?” Unions, by persistently referring to the negotiating process and the resulting collective agreement as somehow fair, are not independent of the class of employers.  They become ideologues of  the class of employers objectively even if they are unconscious of doing so.

Therefore, Ms. Austin’s three criteria for an effective union (and Mr. Rosenfeld’s likely agreement with such criteria)–an independent and democratically structured union, a grievance procedure and the right to strike–by no means necessarily make unions independent of the class of employers (although may well make the union independent of the particular employer they face during negotiations).

Either Mr. Rosenfeld, like many unionists and leftists, simply ignores the issue of the class power of employers and the need to consciously aim for the abolition of the power of such a class, or he falsely assumes that unions that fight for general rights of workers somehow also aim to abolish the class power of employers. 

The Chairperson of the Organizing Committee of Local 88, Barry Smith, also expresses the limitations of the union point of view. Admittedly, the following quote is in the context of consultation by the Ontario government of employment-law reform, but there is no evidence that what he wrote was merely a tactical move:

“Changing Workplaces Review”
London Consultation
July 8, 2015

Dan Borthwick, President
Colleen Wake, Chairperson Union In Politics Committee
Barry Smith, Chairperson Organizing Committee
Ingersoll, Ontario
July 8, 2015

I believe that if those hard won protections were afforded to all, through improvements in the language of both these Acts, employers would have a stronger, more dedicated workforce that would improve the situation for all parties. It wasn’t until September 17/2013 after completing contract negotiations that the S.W.E.s [Supplement Workforce Employees] got the advantages we needed. Thanks to strong contract language, we got vacation, better benefits, a pension plan and almost equal treatment as any long term employee at CAMI and gained Full Time status.

I truly believe that if it wasn’t for Unifor and General Motors coming to a fair agreement at the Bargaining Table, I would still be a S.W.E. and having to worry on a daily basis about how I will be supporting my family next week. [my emphasis]

Indeed, a document by Unifor, submitted on September 2015, to the Ontario Changing Workplaces Consultation, was itself titled Building Balance, Fairness, and Opportunity in Ontario’s Labour Market. This document in its very title expresses the ideology that somehow the labour market can be fair–whereas the existence of a labour market is itself an expression of the unfair situation in which workers who work for an employer find themselves (see The Money Circuit of Capital).

This document, furthermore, implies that workers who work for employers cannot, somehow, be exploited–as if employment law (governing non-unionized workers), labour law (governing unionized workers) and collective bargaining legislation and collective-bargaining structures, along with unions, can somehow eliminate exploitation and oppression at work. From page 6 (my emphasis):

Yet the institutional bulwarks which are essential for working people to attain better outcomes from the labour market (such as ambitious and actively-enforced employment standards, strong and widespread collective bargaining structures, and even a positive common-sense understanding of fair practice in the world of work) have become less capable of moderating these trends, instead of being strengthened to meet these challenges. The result is a labour market marked by pervasive inequality, underemployment, and all too often hopelessness. [my emphasis]

What is this “positive common-sense understanding of fair practice in the world of work?” I guess I lack this “positive common-sense understanding of fair practice.” On page 104, they ask:

The Changing Workplaces Review must address a fundamental challenge for the future of labour market policy: what measures can effectively provide Ontario workers the dignity, security, and fair treatment they deserve, while maintaining the efficiency and success of Ontario’s economy?

An honest answer to that question–given the context of an economy structured according to the demands of a class of employers–is that only measures that aim to eliminate the power of the class of employers can achieve those twin goals. The dishonest answer is that the twin goals can both be achieved within the structure of the employer-employee relation.

Mr. Rosenfeld is therefore right when he affirms that unions, such as the original CAW Local 88. as a union that was independent of its particular employer, are much better than the union that represented Magna workers.

However, both sets of workers were exploited and oppressed locally at work due to their class situation, and their unions were not independent of the class of employers even in the case of the original CAW Local 88–unless Mr. Rosenfeld can show evidence to the contrary by showing that the local not only tried to become independent from its particular employer but from the class of employers (by, for instance, showing the limitations of the collective-bargaining process and the resulting collective agreement–and even then such a situation is only the beginning of a process towards becoming independent of the class of employers through the elimination of all classes). I doubt that he can. This is where Mr. Rosenfeld is wrong–a union independent of a particular employer does not mean that such a union is independent of the class of employers.

Finally, let us look at the collective agreement between CAMI Automotive and CAW Local 88. I could not find the 1992-1995 collective agreement (which would have been the most relevant since there is reference to the 1992 strike above), but I did find the collective agreement for 1995-1998, which has the following:

3. MANAGEMENT RIGHTS

The Union recognizes the right of CAMI to hire, promote, transfer, demote and lay off employees and to suspend, discharge or otherwise discipline employees for just cause subject to the right of any employee to lodge a grievance in the manner and to
the extent as herein provided.

The Union further recognizes the right of CAMI to operate and manage its business in all respects, to maintain order and efficiency in its plant, and to determine the location of its plant, the products to be manufactured, the scheduling of its production and its methods, processes, and means of manufacturing. The Union further acknowledges that CAMI has the right to make and alter, from time to time, rules and regulations to be observed by employees, which rules and regulations shall not be inconsistent with the provisions of this agreement.

The Union recognizes the right of CAMI to formulate, revise and publish Personnel policies, which shall be administered in a fair, impartial and consistent manner to all members of the bargaining unit [bold in the original–although I am uncertain if that was intentional.]

Of course, unions may be forced to include such clauses in the collective agreement. If, however, they were really independent of the class of employers, they would question the legitimacy of such a clause openly to their members and promote discussion of the clause whenever they could. Does Mr. Rosenfeld have any evidence that CAW Local 88 did that? If not, his idea that CAW Local 88 was an independent union, though true in relation to its particular employer, was false in relation to the class of employers.

I predict that Mr. Rosenfeld will not provide any evidence to show that CAW Local 88 was an independent union at the level of the class of employers. 

Social democrats like Mr. Rosenfeld do the opposite of what some Marxists and radical leftists do: social democrats correctly emphasize the need for unions do be independent of the particular employer, but they neglect how unions, at the level class, are not independent of employers.

Some Marxists and other radicals, on the other hand, neglect the importance of the independence of unions from particular employers by referring merely to workers working for the class of employers–as I tried to show in my previous post). 

A Little Theory

To round off this post, I will refer to a book by a German author that may not appear to have much relevance to the issue of the independence of the working class, but nevertheless does address the issue indirectly (theoretically). 

The quote is a very rough translation from the German of Maxi Berger (2012), Labour, Self-consciousness and Self-determination in Hegel: Towards the Interdependence of Theory and Praxis, page 23 (I include the German after the quote for those who read German):

In order to be able to understand that the individual cannot escape from economic coercion, it is crucial to emphasize the total social character of the capitalist mode of production. This total social character is manifest in social organization, that is to say, that the legal foundations and administrative institutions as well as the organization of the economic sphere as a whole are appropriate in the sense of accumulation for the sake of accumulation–not however in the sense of a reasonable organization of human life. As a result of this the action of the members is placed under constraint: Whoever wants to obtain his means of life, whoever therefore who wants to live, must accommodate themselves to the conditions of commodity and labour markets, not the opposite.

(Um verstehen zu können, daß sich Einzelne den ökonomischen Zwängen nicht entziehen
können, ist es entscheidend, den gesamtgesellschaftlichen Charakter der kapitalistischen
Produktionsweise zu betonen. Dieser gesamtgesellschaftliche Charakter ist in der
gesellschaftlichen Organisation manifest. D. h. daß die juristischen Grundlagen und verwalterischen
Institutionen ebenso wie die Organisation der ökonomischen Sphäre insgesamt
zweckmäßig im Sinne der Akkumulation um der Akkumulation willen sind – nicht
aber im Sinne einer vernünftigen Organisation menschlichen Lebens. Dadurch wird das
Handeln der Mitglieder unter Sachzwang gestellt: Wer sich seine Lebensmittel beschaffen
will, wer also leben will, muß sich den Bedingungen des Waren- und Arbeitsmarktes anpassen,
nicht umgekehrt.)

Unions and the social-reformist or social-democratic left that fail to take into account the fact that the freedom of the worker to shift from one employer to another does not prevent economic coercion need to be criticized. Independent unions at the level of a particular employer go hand in hand with such economic coercion.

Working for an Employer May Be Dangerous to Your Health, Part Six

Injuries, disease and death are the common experiences of many Canadian workers–and undoubtedly workers in all countries dominated by the power of a class of employers. This is so since, on the one hand, profit is the driving force of human life in such societies (see  The Money Circuit of Capital for an explanation of this). On the other hand, workers in such a society are themselves costs, on the same level as the machinery, buildings, computers, raw material and other objects they use to produce commodities. The pandemic has shown this, unfortunately, to be the case, especially in the United States, as workers have been sacrifice in order to open up an economy dominated by a class of employers. 

Even apart from the pandemic, the fact that human beings are both living beings and self-conscious living beings is used by the class of employers in order to obtain as much profit as possible in the shortest possible time. To do so involves a reduction in the costs of production by reducing the number of workers or by reducing the costs of the means of production. By intensifying work through the reduction of the number of workers to the bare minimum, employers produce conditions that can easily result in injury, disease or death. By focusing on cutting costs to the maximum by, for example, not purchasing necessary safety equipment, employers also produce conditions that can easily result in injury, disease or death.

This situation is not generally recognized by capitalist governments or states. The sacrifice of workers for the benefit of the class of employers is often hidden–with the implicit or explicit collusion of the capitalist government or state. Thus, Bob Barnetson points out, in The Political Economy of Workplace Injury in Canada, page 173:

The purpose of this book was to examine how Canadian governments prevent and compensate workplace injury, who benefits from this approach, and how they benefit. The first four chapters suggest that governments do a poor job of preventing injury. The use of ineffective regulation appears to represent intentionally prioritizing profitability over safety. And the state has contained the ability of workers to resist this agenda by shaping the discourse around injury and the operation of these systems. Examining injury compensation reveals how seemingly neutral aspects of claims adjudication and management financially advantage employers and limit the ability of workers to resist unsafe work.

Together, this analysis suggests that the prevention and compensation of workplace injuries are not solely technical or legal undertakings, but intensely political ones that entail serious consequences — most often for workers. This conclusion is quite upsetting. But the facts are difficult to dispute. Whatever the drawbacks of Canadian injury statistics, they demonstrate that hundreds of thousands of workers are injured each year on the job. This raises two fundamental questions. First, why are so many seriously injured every year? And, second, why don’t governments do something about it?

Unions, of course, do seek to protect workers from the more vicious forms of health and safety violations. However, although the intentions of union reps may be praiseworthy, should we not wonder why they fail to question the basic source of injuries, disease and death in workplaces in modern society: the existence of a class of employers that uses human beings as means for purposes not defined by those who work?

All radicals should ask union reps the same questions: “First, why are so many seriously injured every year? And, second, why don’t governments do something about it?” They should also ask them: Why do union reps use such clichés as “decent work,” “fair contracts,” “economic justice,” “fairness,” “fair labour laws save lives” when the situation workers face, whether unionized or non-unionized, is indecent, unfair and unjust–a situation that leads to so many injuries, diseases and deaths?

 

 

Management Rights, Part Eight: Private Sector Collective Agreement, Quebec

Here is another clause from a collective agreement concerning management rights, this time from the private sector–and in a province in Canada where French is predominant officially. Undoubtedly for the social-democratic left, it expresses a situation where there is decent work–a cliché among the left, who refuse to investigate its meaning in a democratic fashion. 

It should be pointed out that the power of employers (via the power of managers) is independent of language–their power is expressed in many languages, just as their use of workers for their own ends is expressed in many languages. Differences in languages (and differences in nations), therefore, should not be something for workers which divides them since they face the same enemy in various languages and across many borders–the class of employers as dictators.

Should we not be discussing this issue thoroughly? Why are we not doing so? Why is there hostility to such discussion? 

 

From

COLLECTIVE AGREEMENT
2013 – 2017
FOR THE RESIDENTIAL SECTOR
OF THE CONSTRUCTION INDUSTRY
Between the APCHQ and
the Centrale des syndicats démocratiques
(CSD-Construction), the Confédération des syndicats nationaux (CSN-Construction),
the Conseil provincial du Québec
des métiers de la construction (International),
the Fédération des travailleurs
et travailleuses du Québec
(FTQ-Construction)
and the Syndicat Québécois
de la construction (SQC)

page 7:

2.03 Management Right The signatory representative associations recognize an employer’s right to exercise its supervisory, administration and management duties in a manner that is compatible with the provisions of this collective agreement.