The Toronto Airport Workers’ Council (TAWC): One Step Forward and Two Steps Backward?

I thought it appropriate, on May 1, the International Workers’ Day, to refer to something that disturbed me on Facebook yesterday–a post by the Toronto Airport Workers’ Council (TAWC), which included some remarks (and a video) by Howard Eng.
Howard Eng is the CEO of the Greater Toronto Airport Authority, the operator and manager of Toronto Pearson International Airport, the largest airport in Canada, with between 40,000 and 50,000 workers.

The step forward is the effort and success by some union members at the airport in creating a workers’ organization that not only cuts across union jurisdictions–the Toronto Airport Workers’ Council–but also makes efforts to create solidarity among airport workers across countries.

The two steps backward is the obvious reliance on representatives of employers in achieving goals of the TAWC. It is not that any workers’ organization should not make compromises; it is how such compromises are dealt with internally within the union membership which determines whether such compromise is worthwhile.

Compromise with management needs to be explained as a tactical necessity for the time being because of the superior forces of management at the time–and not justified in somehow expressing common interests. Workers, ultimately, do not have common interests with employers (unless it is argued that it is in the interests of workers to be treated as things for purposes which they themselves do not define. See https://theabolitionary.ca/the-money-circuit-of-capital/ for an explanation of how workers are necessarily treated as things by employers, whether in the private or public sector.)

A video featuring a short speech by him was posted, without comment, on the Facebook page for the Toronto Airport Workers’ Council (TAWC). There was also a picture of Mr. Eng and a woman (presumably a union rep) in front of a YYZ solidarity banner (YYZ is the city airport code for Toronto Pearson International Airport).

On the Facebook page, it is stated (and Mr. Eng is quoted. See https://www.facebook.com/search/top/?q=tawc%3A%20toronto%20airport%20workers’%20council&epa=SEARCH_BOX ):

The GTAA and the TAWC have been working to collect data on the makeup of our workforce, on best practices used by other airport when dealing with labour issues, and on safety initiatives. He was glad he “has the support of the unions, working collaboratively together to move forward, not just for our airport but for everyone that works here.”

Howard didn’t shy away from speaking about the difficult times we have had over the years and the challenges that have come. He asked for patience and to keep bringing forward our issues so that we can do our best to come up with solutions to address them.

Howard finished by stating: “change takes time. Let’s work together to make this a better place to work for the 50,000 that work here.”

This statement by Mr. Eng is typical employer rhetoric: workers and management are, ultimately, one big family, and need to cooperate to achieve a common goal. There is no comment by union representatives on the Facebook page to counter this rhetoric.

I did make some comments concerning this.

My first comment:

Did any of the workshops aim to counter the ideology expressed by this representative of employers? Or was there silence over the issue?

There was one reply:

Alex Ceric Change does not take time. I’s a very simple decision to improve the live of the workers. And when that decision is made the change is instantaneous. What takes time is for them do drop off a cookie crumb here and a cookie crumb there until it amounts to one single improvement.

I just wrote a reply:

This is pure rhetoric. The bottom line is profit at the airport, is it not? Safety comes second to that bottom line. Or does it not?

Besides, it is not just a question of change but what kind of change but also who makes the decision to change and how that decision is made.

Mr. Eng has power to make change, within limits. Who gave him that power? Why does he have it? Does his possession of power imply that a majority of workers have less power?

And on a technical note: change always takes time. No change is “instantaneous.” Please explain how any change is instantaneous.

Finally, the issue of Mr. Eng’s rhetoric that implies that management and workers have ultimately the same interest. What is TAWC’s position on such rhetoric? What is it doing to counteract such rhetoric, if anything?

My second comment:

I wonder how it is possible to address the problem of health and safety at a workplace when those who actually do the work are treated as things at work. To address health and safety requires democratic control over the workplace–for regular workers to be the “decision makers,” including determining who are the decision makers.

To refer to “opportunity to speak with the decision makers” sounds very anti-democratic, does it not? Who is the majority at the airport? The workers or the decision makers? If the decision makers are a minority and are not elected–would we not call that a dictatorship at the political level? And yet there is utter silence about the issue when it comes to the economic level.

Why is that?

No one has responded.

I have little doubt that many union reps at the airport, if they read this, will consider the writer to be a “condescending prick” (as CUPE local 3902 rep Wayne Dealy once called me). (CUPE is the Canadian Union of Public Employees). I would prefer to be called that and bring up issues which they hide rather than not be called that and remain silent over such issues. We workers deserve far more than the rhetoric of Howard Eng.

Do we workers not deserve more than such rhetoric?

Worker Resistance Against Management, Part Two

This is a continuation of a series of posts on worker resistance. The following was written by Herman Rosenfeld. Since it formed part of a course that he, Jordan House and I presented for workers at the Toronto Pearson International Airport, I am including the preliminary instructions and the subsequent questions so that others can modify and make use of it in similar courses.

Activity Sheet 3: Learning from Collective Resistance Experiences

This is a small group activity.
Read the story and answer the questions below together.
Be prepared to describe the collective struggle to the whole class, and report your answers.
You have 25 minutes to complete this exercise. [This exercise, initially, was combined with resistance against management at the brewery, so we permitted them 25 minutes for both.]

Clapping for Lisa Raitt

When CAW (Canada Auto Workers union] Air-Canada reservation and air ticket agents briefly went on strike over a series of contract concessions demanded by management, the Conservative government [of Stephen Harper, prime minister at the federal or Canada-wide level], though Labour Minister Lisa Raitt quickly introduced a law to legislate them back to work. (It would have been the 5th time in 5 years that the Harper government had taken away workers’ right to strike.) An agreement was reached between the union and Air Canada.

The workers who handle baggage, members of the IAM (International Association of Machinists) rejected the tentative agreement bargained by their leadership and demanded that they go back to the table and bargain improvements.

After the rejection, the workers started forming “Action Committees” to prepare co-workers to organize rallies at the airport, to pressure the employer to bargain seriously. The IAM workers had previously supported the actions of Reservation and Flight Attendants, who had protested the elimination of their right to strike.

A key action was to write a letter to the company president, complaining about endless demands for concessions and the culture of entitlement for the top executives.

Some quotes from the letter:

“It smacks of hypocrisy of the highest order to be led by Executives that continually demand we make sacrifices for the “viability” of the Company and then watch those same Executives pocket millions in bonuses and receive raises in pay and pension benefits in excess of 70% in a year.

A day doesn’t go by without us hearing about how we are the problem and how management is trying to find ways to replace us with “low cost” workers from senior Executives whoa are never replaceable and must be highly compensated in order to maintain their loyalty to the Company.

Over the past decade we have agreed to take wave after wave of concessions and have watched this goodwill allow Senior management to make hundreds of millions in payments of “special distributions” to their corporate backers or in golden parachutes to departing millionaire Executives.

It is time to lead by example. It’s time to end this culture of senior executives viewing us workers as a cost in which to be squeezed for more bonuses at the top.

This will require a major change in culture including management not using their friends in Ottawa to threaten our unions into concessionary agreements, ending the disastrous habit of unilaterally imposing policies on us (lie the unilateral changes to travel charges) and ending the out of control greed at the top.

The workers planned to present the letter to the president at the private management celebration of the 75th anniversary of Air Canada’s founding. They stormed into the meeting and, after a scuffle with the police, agreed to select 2 representatives to deliver the latter. Rovinescu, the company president, received the letter, but was not happy about it.

Shortly after this incident, Labour Minister Lisa Raitt, landed at Pearson Airport for a meeting. As she exited the plane, the worker who recognized her, started a slow, rhythmic clapping, as a kind of spontaneous protest against the attack on their collective bargaining rights, followed her through the terminal, as the crowd of clapping workers grew Raitt, who fancied herself as a kind of “friend of the workers” was angry, and called on the police to,” “arrest these animals!”

The police took no action, but Air Canada security guards sent 5 or 6 of the protesters home, in an action that usually signifies a discharge.

The word of the firings went viral. All of the IAM workers at Pearson stopped work and stayed out all night, demanding that the fired workers be reinstated, and that collective bargaining begin again. All 30 of the workers who went on the wildcat were promptly fired.

The morning shift workers refused to work. All workers in Vancouver, Montreal and in airports across Canada downed their tools as well. It made the national news.

The company and the union began talks, and agreed to send the issue of the wildcat to an arbitrator (one often used by Air Canada and its unions, but one not known for his friendliness to union and worker issues).

After heated debate, the workers decided to stay out until the workers were reinstated. The striking workers spent a lot of time talking with members of the other unions at the airport, building solidarity with their actions and issues. When the fired workers were reinstated (although further discipline was planned), the wildcat was ended. Bargaining on the contract began soon afterwards.

A few months later, after the contract was signed, Air Canada fired a number of activist workers using their private E-mail comments, as “incriminating” evidence against them.

Questions

What were some of the plans and decisions that made this action successful?
What were some of the limits of this action–and things that might hold the union back from moving forward after this action? How might these limits be addressed?
What lessons can be learned from this experience for your own workplace, union and efforts to build the power of workers there?

The Educational Needs of the Labour Movement: A Radical Imagination

The radical left in Toronto (and probably elsewhere) has failed to engage in the radical imagination. When I participated as a facilitator in a few educational workshops for some workers and worker representatives at the Greater Toronto Airport Authority (GTAA), two other leftists and I created a program that included three sections on capitalism. The first section dealt with the capitalist class (a part of the class of employers), the second section with the working class and the third section with the capitalist state (or capitalist government). It was a two-day session.

The next session, however, was reduced to only one day. The sections on the capitalist class, the working class and the capitalist state or government were omitted. I went along with such an omission–and regretted it afterwards. I should have been more vigorous in my objections.

For over two years, we waited again to give another course!

Finally, this year, the two men gave another course (I had withdrawn from the organization to which they belonged). It would be interesting to find out whether their course focused exclusively on worker activism at the local level and excluded the more general context of an economy dominated by a class of employers and the related social structures that accompany such domination. Did they include content that involved the radical imagination?

Below is a quote from Stanley Aronowitz’s book The Death and Life of American Labor: Toward a New Workers’ Movement. London: Verso, 2014,

near the end of chapter 6 (no page number):

Today, labor education has suffered sharp decline. After World War II, some unions relied primarily on university-based union leadership programs to train their shop-level stewards and officers in contract administration, labor law, and political action; others sent their full-time organizing and service staff to short-term education and training sessions offered by the universities. In the 1970s, worker education entered a new phase when some universities began offering degree programs to union members and their families. There is intellectual training available through the unions today. But it is not radical intellectual training. What has disappeared is the radical imagination.

The times require a radical imagination that goes beyond the clichés that the social-reformist left dish out–like “decent or good jobs,” “fair wages,” “economic justice” and “social justice.” We need labour education that incorporates a different vision of life–a humanized life, a life that respects human life. Such a life is impossible given the power of employers, and hence such a vision requires a vision that seeks to challenge and to go beyond such power. What is needed is a socialist vision.

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

As I wrote in my last post (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), I would provide the business agent’s reply to my letter to the editor in the same volume of the union newsletter. Here it is verbatim:

Mr. Harris’ comments are noteworthy in several respects albeit difficult to understand. I believe that Mr. Harris is attempting to convey the message that a collective agreement only goes so far in reducing management’s unbridled right to manage its affairs and its working force and therefore a union, any union, is only as effective as the collective agreement it has to work with on behalf of its membership.

I would agree, as would most, that collective agreements only limit management’s right to manage and that which is not specifically abridged by a collective agreement remains within the employer’s purview. This right, however, is tempered by legislation which dictates that the exercising of management rights must be reasonable, fair, non-arbitrary, non-discriminatory and in good faith. Although arbitrators do not generally accept the argument that because there is a collective agreement, management is restricted to dealing only with those functions as specified in the agreement unless there is union agreement, neither do arbitrators accept the argument that management has an unfettered right to act completely as it wishes, in particular when it comes to severing or detrimentally affecting an employee benefit.

Mr. Harris reiterates the definition of a grievance which is found in our collective agreement but in so doing leaves the impression that such a definition is restrictive. I would suggest that this defines a grievance in its broadest sense.

Arbitration is the final step in the grievance procedure and therefore is part and parcel of the procedure and not an entity of its own. The arbitration of a grievance occurs only if the parties cannot come to a mutually acceptable resolution of the issue either during the process or before a grievance is ever filed. Many of the issue that arise during the life of a collective agreement are resolved without either the necessity of a grievance of arbitration. Depending on the state of the employer/employee relationship, common sense and fairness can prevail without a confrontation.

The reason that management does not file grievances is because the employer/employee relationship is such that the employer acts and the employee reacts. The union’s right to be proactive is curbed by the law which prohibits employees from withholding their services during the term of a collective agreement and specified that all agreements must contain a method of resolving disputes which arise during the term without a work stoppage (grievance procedure). Whenever management takes an action the employee must continue as normal whether or not the employer is correct (there are some exceptions). This is aptly coined as the “work now–grieve later” principle. If this were not the case then I suspect that management grievances would be a fact of life.

I do not agree, as Mr. Harris suggests, that because management’s right is merely restricted by a collective agreement that employees should not voice their concerns or their problems, unless it is certainty that a grievance is winnable. Union members should always check with their union representative any questionable act of management. After all the employer only has control over the how, what, and when, it does not have the right to treat employees in an unjust or undignified manner. Employees are not channel.

I have provided Mr. Urkevich’s response in full without my intervention so that the reader could see the whole response before I begin to analyze the response (an opportunity which I did not have since, as I said, I was no longer a member of the union).

….Mr. Harris is attempting to convey the message that a collective agreement only goes so far in reducing management’s unbridled right to manage its affairs and its working force and therefore a union, any union, is only as effective as the collective agreement it has to work with on behalf of its membership.

I fail to see how anyone could infer from what I wrote that that is the message that I wanted to convey. Unions need to teach their members the limitations of the legal rights of union members as contained in collective agreements–and those legal rights are very limited. That is what I wanted to convey.

Union representatives, in order to “sell” a contract, often exaggerate the fairness of a collective agreement and thereby do their members a disservice because they then teach them the opposite; they imply that, by being “fair,” collective agreements are not very limited instruments for protecting their collective interests. See, for example, reference to a “fair contract” by the Canadian Union of Public Employees (CUPE) Local 3902 of the University of Toronto (CUPE 3902, University of Toronto Education Workers).

I would agree, as would most, that collective agreements only limit management’s right to manage and that which is not specifically abridged by a collective agreement remains within the employer’s purview. This right, however, is tempered by legislation which dictates that the exercising of management rights must be reasonable, fair, non-arbitrary, non-discriminatory and in good faith.

Mr. Urkevich, like many union representatives, begs the question. Why does he assume what he needs to prove, namely, that the employer/employee relation can be “reasonable, fair?” In the money circuit of capital, for example, it has been shown that employees are mere means for the benefit of employers (see The Money Circuit of Capital). Indeed, as I wrote in that section:

Immanuel Kant, a German philosopher, argued that, in order to act ethically, it is necessary to treat people never as means only but as ends in themselves: “For, all rational beings stand under the law that each of them is to treat himself and all others never merely as means but always at the same time as ends in themselves” (Groundwork of the Metaphysics of Morals. New York: Cambridge University Press, page 41). Human beings need to be treated as ends and not as means. To treat human beings as ends in themselves, it is necessary to have those who engage in realizing the ends also engaged in participating in the formulation of the ends.

If human beings, as employees, are treated as means to others’ ends, then how is such a situation “fair and reasonable”? For the employer, by definition, it is fair and reasonable. Is it for the workers though? Does not Mr. Urkevitch take the point of view of the employer as his standard? Should we? Why?

Is not Mr. Urkevich’s reference to “legistlation which dictates that the exercising of management rights must be reasonable, fair, non-arbitrary, non-discriminatory and in good faith” meant to justify Mr. Urkevitch’s own role as union business agent since, otherwise, Mr. Urkevich would be justifying unreasonable actions, unfair actions, and so forth.

Although arbitrators do not generally accept the argument that because there is a collective agreement, management is restricted to dealing only with those functions as specified in the agreement unless there is union agreement, neither do arbitrators accept the argument that management has an unfettered right to act completely as it wishes, in particular when it comes to severing or detrimentally affecting an employee benefit.

Of course arbitrators would not permit employers to let managers do what they will with employee benefits or, for that matter, employees in general. The treatment has to be consistent with the line of business. However, this leaves management with a very wide latitude of power to determine what can and cannot be done at work.

Whenever management takes an action the employee must continue as normal whether or not the employer is correct (there are some exceptions). This is aptly coined as the “work now–grieve later” principle. If this were not the case then I suspect that management grievances would be a fact of life.

Mr. Urkevitch, like many union representatives, assume without further ado that the employer/employee relation is inherently reasonable. I categorically deny that, and for reason already provided in reference to Kant and the money circuit of capital.

Management has a monopoly of decision-making power except as restricted by the collective agreement (and limited legislation); why employers have such a monopoly of decision-making power Mr. Urkevitch does not even question–undoubtedly like many other trade-union representatives and social-reformists.

Mr. Urkevitch merely repeats what needs to be explained: “Whenever management takes an action the employee must continue as normal…” Why must the employee do so? Because of economic coercion, perhaps? (See “Capitalism needs economic coercion for its job market to function” (Ontario Coalition Against Poverty: OCAP)). It is the economic power of employers compared to employees that shapes legislation in favour of employers?

Mr. Urkevitch, undoubtedly like many union representatives, with a manipulative “if” (“If this were not the case”–but it is not the case–and that makes all the difference in the world for the daily lives of unionized workers–seeks to minimize the importance of the fact that it is mainly unions that file grievances and not management–because management has the power to make the major decisions that effect the lives of millions of workers.

I do not agree, as Mr. Harris suggests, that because management’s right is merely restricted by a collective agreement that employees should not voice their concerns or their problems, unless it is certainty that a grievance is winnable.

This reasoning is pure fantasy. Employees should voice their concern in various ways–even if the grievance is not winnable. Where did I imply that only if the grievance is winnable should workers voice their concern?

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

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

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

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

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

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

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

For instance, here is an example from a relatively recent union representative in Ontario:

Toronto (24 May 2018)…

Warren (Smokey) Thomas, President of the Ontario Public Service Employees Union (OPSEU/NUPGE) said he is hopeful the employer is ready to step up and do what is right for 20,000 of its workers who have suffered for decades under appalling working conditions.

“We’ve heard countless horror stories from our new members about poor pay and job security, no vacation time, they don’t even get sick days,” said Thomas.
“The fact our members overwhelmingly voted to join OPSEU/NUPGE in the largest organizing drive in Canadian history sends a strong message that times are changing. I hope this employer will work with us and make sure our members get a fair contract,” he said.

Of course, unions generally do improve wages and working conditions, but such improvements do not give them the right to declare that any collective agreement is somehow fair. They abuse their position by doing so, and by abusing their position, they open themselves up to legitimate criticism.

Unfortunately, few among the so-called left engage in such criticism. Rather, at best they follow along behind the unions, seeking “openings” here and there to open up discussion rather than openly criticizing all talk of fair contracts or collective agreements. They do a disservice to the regular worker but certainly aid both union representatives–and the class of employers.

One final point: although any particular employee is not obliged to work for any particular employer, what of the class of emloyees in relation to the class of employers? Can the class of employees simply not work for an employer, freely and realistically? If not, what does that make them?

So many questions, but so few answers–by union representatives and, undoubtedly, by many social reformists.

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

In a previous post, I provided the current management rights clause between AESES and the University of Manitoba (Management (Employer) Rights, Part Three: Public Sector Collective Agreement, Manitoba). This is a continuation, of sorts.

The title indicates what the content of this post will be about.

In 1994, I worked on a project at Dafoe Library at the University of Manitoba (Canada) for a few months (one of the few positions I had because I was probably blacklisted because of my previous union and radical activity in my workplace in School District No. 57, Prince George, British Columbia). I sent in the following to the union newsletter. Unfortunately, I could not pursue any further the debate since the project had ended–and consequently my union membership.

The following is a verbatim letter to the editor of the AESES newsletter. The next post, probably next week, will be the business agent’s reply to my letter in the same newsletter.

Unions need to instruct members concerning the legal limits of the union’s capabilities, and members need to know what they can legally expect from the union. Unfortunately, from my own observations, many members do not know what the limits of union power are as it presently exists. They do not even have a clear grasp of the grievance and arbitration procedure. The following is thus meant both to inform members of the procedure and to generate some debate over the nature and function of unions.

A grievance is frequently defined as any difference arising from the interpretation, application, administration, or alleged violation of a collective agreement. If a grievance is not resolved in the grievance process, it may end in arbitration (a sort of court which determines whether the grievance is valid). The problem is that most arbitrators in Canada interpret the collective agreement as merely limiting management’s general right to manage work–including the lives of the workers–as it sees fit. With few exceptions, management retains its general right unless specifically restricted in the agreement.

Some union executives may disagree, claiming that the collective agreement expresses the joint and equal will of both parties (management and the union); the collective agreement is a contract like any contract and is binding on the parties. Such a view fails to account for the specific nature of the employment contract. The employment contract entails the control by management of employees’ activities. Indeed, arbitrators differentiate independent contractors from employees primarily (though not exclusively) on the basis of the level of control: an independent contractor is not under the control of an employer, but an employee is. In other words, an employee is a subordinate.

Moreover, if the employment contract were similar to other contracts, both parties would likely claim a breach of the agreement roughly the same number of times. However, the vast majority of grievances are initiated by unions. Why is that? The answer has already been formulated above: management need not initiate grievances because it has the general right to manage work.

However, many issues important to workers which emerge during the term of the collective agreement are not covered by the collective agreement. Given that arbitrators’ authority is restricted to the collective agreement, it is unlikely that workers will win grievances that end in arbitration if no provisions exist in the agreement which restrict management’s general rights To be sure, arbitrators have some leeway in applying arbitral jurisprudence, but they are ultimately restricted by the collective agreement which exists.