The Poverty of Academic Leftism, Part Five: Middle-Class Delusions

This is a continuation of a critique of an academic leftist (aka academic historical materialist), the philosopher Jeff Noonan.


As noted in a previous post, Professor Noonan makes the following statement in relation to employees at a university (from Thinkings 4Collected Interventions, Readings, Evocations, 2014-2015, page 13):

Instead, all members of the institution– faculty, librarians, learning specialists, lab technicians, students, support workers, and administration have the same goal—the advance of human knowledge and creativity in the widest and most comprehensive sense. If that claim is true

Professor Noonan may respond that he wrote the above in hypothetical form–“if that claim is true”–rather than stating “That claim is true.” By not inquiring into whether the claim is in fact true, though, and proceeding on the basis as if it were true, he practically makes the claim that it is true.

Professor Noonan fails to consider the hierarchy at work as illegitimate; democracy for him, it seems, maintains a hierarchical division of labour; the difference is one where (page 13):

all the groups who together make up the university ought to cooperate (not without respectful disagreement) in the determination of the budgets, policies, rules, and goals that guide the institution’s mission. The best ideas emerge through deliberative and democratic argument—no one group knows best just because of the position they occupy in the hierarchy.

Given the employer-employee relation, Professor Noonan’s position is contradictory. If there is an unelected hierarchy, then how is their democratic argument? Does not an unelected hierarchy necessarily prevent democratic argument since democratic argument requires relative equality of power? In other words, Professor Noonan assumes a socialist organization in the first place, but in the context of an unelected hierarchy, which involves unequal power relations. Or does Professor Noonan consider that an unelected hierarchy does not involve unequal power relations?

Furthermore, given the unelected hierarchy, who will be at an advantage in “the determination of budgets, policies, rules, and goals that guide the institution’s mission?” Of course, academics and the upper echelons of administration. This situation is hardly democratic (although it is certainly to the advantage of tenured academics and the upper echelons of administration).

What is more, Professor Noonan’s implicit acceptance of the current structure of the division of labour hardly reflects a just society. as James Furner has argued, in order for there to be a free society, it is necessary to abolish occupational confinement and occupational identity (see https://www.academia.edu/24290808/Marxs_Sketch_of_Communist_Society_in_The_German_Ideology_and_the_Problems_of_Occupational_Confinement_and_Occupational_Identity ).

In addition, to claim that all workers at a university should have the same goal, where the economic relation of employer-employee is dominant, is to perceive the world from the upper echelons. Why should all workers at a university have the same goal when they are treated as things by the unelected hierarchy? Or are they not treated as things? How is it possible to not be treated as a thing when there exists an employer-employee relation? Perhaps Professor Noonan can explain how this is possible.

Finally, Professor Noonan advocates class collaboration, implicitly if not explicitly. His use of the verb “cooperate” indicates that he believes that all the diverse kinds of employees working at a university should get along in a collegial fashion in order to pursue the same goal. A Marxist, by contrast, would see that although workers have a certain interest in maintaining the university as an institution in the short-run because they need money in order to live, they are used as means for the benefit of the upper echelons’ purposes and are excluded in fact from doing so (see https://theabolitionary.ca/the-money-circuit-of-capital/). Calls for cooperation in such a context work against their own long-term interest of abolishing such a situation. Rather, calls for the intensification of conflict would be more appropriate since there is already an antagonistic relation between workers as employees and management at universities.

Professor Noonan’s position, is, therefore half-hearted. Rather than seeking the elimination of the power of employers as a class, he opts for the illusion of democracy in the public sector–as if that were possible given the dominance of the power of employers as a class in both the public and private sectors.

Such is the poverty of academic leftists, social democracy and reformist leftism these days.

Worker Resistance Against Management, Part Four

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 other experiences of resistance against management, so we permitted them 25 minutes.]

Overtime Action in the Ontario Legislature

In the early 2000s, members of a public-sector union in Ontario–policy advisors, analysts and other public-service workers–were fighting their employer, the Government of Ontario, for a first overtime provision in their collective agreement. Up until that time, members of the union could be forced to work unlimited hours. The Employment Standards Act does not apply to most civil servants.

As bargaining got started, it became clear the employer did not want to bargain the overtime provision. The union had made it a priority, in part because it was known that many members worked several uncompensated hours on a weekly basis.

The union is organized into chapters along ministry lines. The chapter at the Ministry of Labour was typically the most radical in the union and included people who well understood the challenges facing the union movement in the province. Conscious of the fact that the overtime provision was going to be tough to win, the chapter hatched a plan, with the quiet endorsement of the union’s head office.

When the legislature is in session, policy advisors are expected to complete their House notes by 8:30 a.m. These are documents that government ministers read from when asked questions in the House by opposition members. House notes often take up to one hour to complete. The chapter identified House note “production” as a pressure point that could be used in bargaining. Not having house notes when needed, if done as a collective act, would send a strong message to the employer. That first week the House was in session, the chapter made sure that every House note that was to be delivered to the Minister arrived an hour late. The Minister found herself in the House with no papers to read from when called upon to answer questions. It was an embarrassing performance, indeed!

The message was sent. The following week the employer began to bargain the overtime provision, which was eventually won a few months later and incorporated into a new collective agreement. The Labour Chapter understood how to keep up the pressure in the context of bargaining. The tactic with House notes forced the employer to bargain a provision that the entire membership now benefits from.

Questions

  1. How might this example show that worlplace cultures and practices, favourable to the boss, can be changed?
  2. What were some of the things that the union chapter in the Ministry of Labour would have had to do, in order to build the confidence and resolve necessary to carry out such a collective action? 
  3. What lessons can be learned from this example that applies to your workplace? 

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.

 

The Contradictions of Unions: Reformist and Radical Assessments

Steven Tufts, in an article first published on Wednesday, September 11, 2019, on The Star website, and republished on the Socialist Project website on September 25 (Pension Plans Should Not Invest in Companies That Harm Working People), tries to show that, despite unions consciously disassociating themselves from investments that harm workers, their own pension fund managers may pursue policies that contradict such conscious disassociation.

(As an aside, Professor Tufts is a representative of the Toronto Airport Workers’ Council (TAWC).

He writes:

For example, Caesar’s Entertainment partnered with Oxford Properties, the real-estate investment arm of the Ontario Municipal Employees Retirement System (OMERS). Community groups lead by No Casino Toronto did successfully mobilize against these proposals, which divided council at the time. Members of CUPE Local 79 also deputed against the proposals as front-line city workers would have had to deal with the negative social and economic impacts of gambling.

At the same time, fund managers at OMERS, the pension fund of Local 79 members, deputed on the economic virtues of casino development. Here we see the contradictions of pension fund investments that negatively impact the very workers making contributions.

However, Professor Tufts does not question how unions can escape this situation. Pension funds generally have to invest money in some capitalist companies, and those companies are expected to obtain a profit. If this is the case, then there is a typical social-reformist strategy of opposing particular kinds of investments or particular kinds of employers while implicitly accepting the need for capitalist investments in general or the need for a set of employers.

In other words, does not any investment “harm workers?” Professor Tuft remains silent on how workers can escape this contradiction. Of course, there are degrees of harm of workers by employers, with some employers definitely treating workers worse than other employers. However, do not all employers harm workers by necessarily treating them as things to be used to obtain more money (private sector) or by excluding them from the right to determine the purpose of their work (public sector)? (See The Money Circuit of Capital).

Professor Tuft further states:

All workers deserve pensions, but pension funds for some built on tax cuts and privatization schemes are neither just nor sustainable over the long term. Unions continue to shield themselves against efforts to politicize pension investments, but this has a cost.

This criticism aims at the neoliberal model of “tax cuts and privatization schemes.” What if the pension schemes did not rely on such tax cuts and privatization schemes? What happens if they relied on merely–exploiting other workers in a non-neoliberal way (as they did before the emergence of neoliberalism)? Would that eliminate the contradiction between workers’ interests as workers and their interests as future retirees? I fail to see how it would.

Indeed, Professor Tuft states:

It is time for union leaders to confront pension plans that seek to transform our cities in ways that harm working people.

Surely, all pension plans, whether private or public, are riveted with the basic contradiction of being funded by workers while being used to exploit and oppress other workers. This contradiction cannot be abolished without abolishing the situation where a class of employers exploits and oppresses a class of workers called employees.

If this basic contradiction is acknowledged, then variations in levels of harm to working people can then be assessed. However, as it stands, Professor Tufts’ article implies that there can be “pension plans that seek to transform our cities in ways that” do not harm working people. Such a view is typical of reformist policies that fail to address the harm necessarily caused to workers because of the existence of a class of employers and the accompanying economic and political structure.

By not acknowledging the general harm that all employers pose for working people, Professor Tuft does not acknowledge the need to create organizations that oppose the class power of employers as such.

Obviously, some employers are better than others. However, the social-democratic left never get around to criticizing employers as such. They remind me of movies and television programs. Often, particular police officers or particular companies are presented as bad–but not the police function as such or employers as such.

Despite Professor Tuft’s evident desire to go beyond the limitations of union principles, he evidently operates within them implicitly since he assumes that workers’ pension plans can somehow magically overcome the contradiction of exploiting and oppressing workers by not following the neoliberal model–as if the capitalist relations of exploitation and oppression did not exist before the emergence of neoliberalism.

Should we not go beyond the limits of neoliberalism and challenge the economic and political power of the class of employers?

The Poverty of Academic Leftism, Part Four: The Myth of Creating Socialist Spaces

Professor Noonan, an academic leftist, argues that the Nemak return to work provides lessons for the left. Indeed, it does–but unfortunately he fails to draw further lessons from the situation.

He says the following:

As regards work, the structural dependence on paid employment is what makes people working class. This structural dependence is what, above all, democratic socialism would overcome. However, it cannot be ended overnight, but until it is ended workers’ short term struggles are always in danger of becoming victims of wars of attrition. The capitalists, with the law typically on their side, can wait workers out or bleed their resources dry (Unifor was facing fines of 25 000 dollars a day and individual officers 1000 dollars per day). Overcoming the dependence requires long term struggle, but dependence means that your ability to survive without the work you are refusing to do is time-sensitive in the extreme.

Given the claim that the capitalists have “the law typically on their side,” should not the conclusion be drawn that the law as such should be criticized? That reference to “fair contracts” and “decent work” which trade union representatives often express, should be criticized? Professor Noonan remains silent about this. Why is that?

Should not union training include, systematically, the bias of law in relation to workers’ interests? Does it? Should that lack of inclusion of a critique of the bias of law be itself criticized?

He further writes:

There are three general sorts of changes. On the one hand, there are concessions which are made in order to return the situation to normal. This sort of concessions appears to be all that Nemak has offered. At the other extreme, there are revolutionary changes which would create completely new social institutions. It is easy to find abstract arguments that contend that no major social contradiction can be resolved without revolutionary changes. It is much more difficult to find concrete arguments that are powerful enough to actually mobilise revolutionary forces. The key problem here is that no one can say with any certainty how a new society would work (beyond general assurances that it would solve everything because it would be the opposite of this society).

Professor Noonan then dismisses both possibilities:

If concessions do not address the problem and a progressive revolution is not in the offing in the foreseeable future, [my emphasis]  hope must be invested in a third possibility: smaller scale structural changes that create space and time for for deeper and wider changes in an unfolding process of transformative social change. How is that to happen if workers cannot survive outside of paid employment (or its social benefit equivalent) for long enough to survive for the long-term? The answer is to struggle for changes to the nature of employment. The Nemak crisis, and the analogous crisis in Oshawa offer opportunities for just these sorts of demands.

The reference to “progressive revolution” is dismissed because it is not possible in the foreseeable future. What does that mean? That substantial changes in class relations will arise in the short-term is undoubtedly unlikely. However, Professor Noonan performs a sleight of hand by shifting the future to some far off horizon. This is the method of social reformers of various persuasions–they shift radical change to the distant future rather than seeing than any radical change will always have to begin in the present. Carl Weathers, in his role as Apollo Creed, told Rocky in the movie Rocky III: “There is no tomorrow.” All progress will always have to begin in the present–but as John Dewey, the educational philosopher and logician pointed out, the present is a moving present.

It may appear that Professor Noonan does indeed include the future in the present by struggling “for changes to the nature of employment.” Let us look at what Professor Noonan has to say on this score.

He says:

GM Workers in Oshawa are being subjected to the same loss of their factory as Nemak workers in Windsor. Like Nemak workers, the GM workers did not meekly accept the GM decision, but instead fought back. They have won a concession (which is nevertheless a victory and another good lesson): the company will consider using a small fraction of the space and workforce to produce parts. But there are other ideas which, while bold, are not impossible within existing institutions. However, if they were realised [my emphasis]  they would point beyond existing institutions towards new models of public ownership and workers’ control incompatible with the logic of capitalism. At the same time, since they are realizable here and now they do not depend upon a “revolutionary break” for which the required social and political forces do not exist.

In response to the Oshawa closing, Sam Gindin urged the CAW leadership to go beyond negotiations to work on the transformation of the plant into a publicly owned and worker-controlled facility for the production of electric vehicles. Markets would be initially guaranteed by government contract. Financing and start up costs would also require government support that is impossible to imagine with a capitalist party in power, but not impossible to imagine with a worker friendly government (an NDP radicalised by the threat of a election drubbing?) Instead of treating capitalism as a fixed and final reality that workers must either accept today or overthrow tomorrow, it works in the spaces created by democratic institutions and norms to find means of inserting an anti-capitalist principle and practice into the heart of the system. It shows that there are real alternatives to survival and creative activity than capitalist labour markets that can be realised right now, creating the time we need to fundamentally transform society by expanding non-capitalist employment spaces. Short term dependence on paid capitalist employment is reduced by people putting themselves to work in a non-capitalist firm. The system is not transformed, but a living alternative is created that serves as a real, not text book example, that another world is possible.

It is certainly necessary to propose ideas that “point beyond existing institutions towards new models of public ownership and workers’ control incompatible with the logic of capitalism.” Are there not, however, conditions for such ideas to be realizable in practice?

In the crisis situation in Oshawa, it may be that workers are more prone to accept solutions that point beyond existing social conditions. However, in a crisis situation, without prior preparation, it may well be that workers will grab at solutions that protect their own immediate interests at the expense of longer-term interests. It may also be that workers’ interests can more easily be divided so that the employer can take advantage of such splits. To counter such possibilities, it is necessary to prepare workers beforehand.

Thus, has their been adequate criticism of the structure of authority at the Oshawa plant? Has there been discussions about democratic control at work? Or have the workers there been constantly indoctrinated with the view that their work is “decent work?” That the collective agreement was a “fair contract?” That they received “fair wages?” That the power of an employer to close a workplace is “fair?” As I argued in another post, was there a critique of collective bargaining beforehand in order to prepare workers for going beyond the collective agreement? Or was there silence over the legitimacy of collective agreements? If so, would that not lead to confusion among many workers? If so, does such confusion not tell against the formulation of any consistent policy towards the large number of workers who will lose their jobs at the GM Oshawa plant?

Another relevant point here is how Professor Noonan speaks of “creating spaces”: the space was not created by the workers but by the employer (the decision to close the Oshawa plant). The workers reacted to this decision. It would have been much more intelligent to criticize the union ideology systematically beforehand rather than feeding into the union ideology of “decent work” and “fair contracts.” Did Mr. Gindin engage in such criticism? Or was he afraid to do so out of fear of alienating union representatives?

Furthermore, Professor Noonan relies on another sleight-of-hand by slipping in the fantasy that the New Democratic Party (NDP) would somehow magically turn into “a worker friendly government (an NDP radicalised by the threat of a election drubbing.” Like Professor Noonan’s logic in relation to the so-called harmonious interests of workers at the University of Windsor where he works and the management of that university, he assumes what he must prove: How the NDP can be converted into a “worker friendly government” under conditions of an economy dominated by a class of employers. The NDP and union representatives may think they are “worker friendly,” but they also share the same beliefs as their center and right-wing counterparts: the legitimacy of the employer-employee relation. The NDP may indeed enable workers to organize more easily and institute certain social reforms that may benefit workers more when compared to other political parties, but that does not make them “worker friendly.” They are more “worker friendly” than the other major political parties, but that is all. This does not magically convert them into a “worker friendly” political party. (Nonetheless, I am seriously thinking of voting for the NDP in the upcoming federal election on October 21, 2019 since their policies–such as a definite 360 hours of working for an employer required in order to be eligible for unemployment insurance as opposed to the current 720 for regular workers and 910 hours for beginning workers–are more specific than the vague guaranteed livable income, for example, proposed by the Green Party. Such vagueness can be transformed into minimal changes in income.)

Finally, it is typical of the academic left (and Sam Gindin falls in that category for, despite not being an academic technically, he shares many of their beliefs) that they avoid “creating spaces” in their own immediate environment. What, for example, did Mr. Gindin do to “create spaces” during his long stint as research director for the Canadian Auto Workers union? Did he try to create spaces that could “point beyond existing institutions towards new models of public ownership and workers’ control incompatible with the logic of capitalism?”

What of Professor Noonan? Does he try to create spaces that could “point beyond existing institutions towards new models of public ownership and workers’ control incompatible with the logic of capitalism” where he works? Might that not threaten his own livelihood?

Middle-class academics who are sympathetic to workers’ situation could provide welcome skills (such as research skills) to workers. However, they often lack the passion and emotions involved in real struggles for power: as Aaron Schutz, in his book Social Class, Social Action,  and Education: The Failure of Progressive Democracy points out:

But then, as Alinsky repeatedly pointed out, middle-class people were
pretty comfortable already. It did not really matter that much to them,
in concrete ways, whether anyone actually listened or not as long as they
had their say—in academic publications, for example. Their children were
unlikely to suffer much as a result. Near the end of his life, however, Alinsky
turned to efforts to organize the middle class, increasingly convinced that
those on the bottom needed allies from the middle if they were ever to generate
enough power to foster the change they needed and that the middle
class would also benefit if they learned to organize.

Middle-class leftists in Toronto and surrounding areas, as far as I can see, not only do not engage in some of the preparatory work necessary to enable workers for struggles that “would point beyond existing institutions towards new models of public ownership and workers’ control incompatible with the logic of capitalism,” but go out of their way to oppose such preparatory work.

Before the announcement by GM of the plant closing in Oshawa, Mr. Gindin met with some workers from the plant. I did not accompany Mr. Gindin to Oshawa , but his preliminary account of a meeting between him (and, I believer, Herman Rosenfeld) and some workers at Oshawa did not go very well; it might have been a problem of logistics or some other problem, but I doubt that there was any real discussion of the limits of the present arrangement of employers controlling the conditions of life (the factory) of the workers in Oshawa (and elsewhere). Mr. Gindin, out of fear of alienating workers, probably did not bring up the systemic issue of the power of the class of employers and how that power plays itself out in various domains.

Furthermore, Professor Noonan fails to justify his assumption that worker cooperatives somehow magically provide “a living alternative is created that serves as a real, not text book example, that another world is possible.” Cooperatives have existed in the past and exist in the present, but to argue that they somehow automatically provide a living example of an alternative is quite debatable. How does Professor Noonan justify his assumption? He does not.

Even if the GM Oshawa plant were nationalized and turned into a worker cooperative, there is no basis for assuming that there would be a magical transformation that would point towards a society within a different logic from the logic of capitalism.

Mondragon, a large set of cooperatives in the Basque region in Spain, may inspire some to seek alternatives–but then again it may not. This requires research. One author certainly questions whether Mondragon provides “a living alternative.” Sharyn Kashmir, in her book The Myth of Mondragon: Cooperatives, Politics, and Working-Class Life in a Basque Town, provides a different assessment of cooperatives. For example, she quotes a worker at Mondragon (page 122):

Begofia was in her late twenties and had been a member of one of the
Fagor co-ops since she was eighteen years old. She had always worked on the
assembly line. Over dinner, she told me that she felt exploited at work, “just
like any worker in any firm . ”

“What about the fact that you share ownership of the firm ?” I asked.
“It means nothing to me” she replied. Begofia also said she felt “apathetic
” about the governance of the cooperative. “I only go to the annual meetings
of the General Assembly because it’s required. Everybody goes because
they have to. If we didn’t have to, we wouldn’t go.” What she resented more
than anything was being told that she was participating in managing the cooperative
and that “it is your firm .”

As Begofia spoke, I began to hear the words “participate,” “cooperate,”
and “your firm” in a new way ; listening to her, they sounded imposing.
Had I gotten the sense that Begofia was alone in her feelings, I would not have
taken her complaints so seriously. However, she continually spoke for her fellow
workers, implying that her experiences of alienation and feeling manipulated
by cooperativist ideology were common . Furthermore, most of those at
dinner had lived their entire lives among cooperators and did not seem surprised
by what she said. To the contrary, they offered anecdotal evidence of instances
of workers’ apathy and frustration that they had heard from friends
and relatives.

This does not mean that there should be no struggle to nationalize the Oshawa plant and to convert it into a worker cooperative. However, such a struggle should explicitly try to link a critique of the power of employers as a class to this particular situation–and to the inadequate solution of nationalization and worker cooperatives in the context of a society dominated by a class of employers.

Worker cooperatives in themselves, as long as they are unconnected to a larger critical movement to supersede the power of a class of employers, will unlikely “point beyond existing institutions towards new models of public ownership and workers’ control incompatible with the logic of capitalism.”

As Minsun Ji points out (‘With or without class: Resolving Marx’s Janus-faced interpretation of worker-owned cooperatives,” Capital & Class, 2019,  page 3):

Among the conditions or factors that might shape the potential of a worker cooperative movement in any given time, the most important for Marx is the manifestation and political mobilization of class consciousness (or the lack thereof ) among cooperative practitioners. In the end, Marx did not so much focus on promoting a certain type of labor organization as being most conducive to transformation (e.g. worker cooperatives or labor unions). Rather, he focused more on the importance of class consciousness within labor organizing, and on the development of radicalized class consciousness among workers, whether through the expansion of labor unions, worker cooperatives, or any other institution of worker empowerment.

In order to become a significant and sustainable challenge to capitalist systems, Marx believed that cooperatives had to grow beyond their small scale and reach capacity to change the mode of production at the national level. To reach this kind of national scale, truly transformational cooperatives would have to become politically natured, and to foster the radical ‘class-consciousness’ of worker members. It is the presence or lack of this focus on developing and mobilizing class consciousness, not the nature of the labor institution itself (i.e. cooperative or union), that Marx believed to most powerfully shape the radical or degenerative tendencies of local forms of labor activism.

Since Mr. Gindin refuses to engage directly with the issue of the power of employers as a class (such as, for example, questioning union rhetoric about “decent jobs,” “fair contracts,” and the like), I predict, as I did before, that the Oshawa plant will not be nationalized and converted into a worker cooperative. Mr. Gindin and company have not done the necessary work to prepare workers to engage in a struggle that seeks to go beyond the class structure.

Even if the Oshawa plant does become worker-owned, it is unlikely to form a space that points “beyond existing institutions towards new models of public ownership and workers’ control incompatible with the logic of capitalism.”

In other words, and contrary to Professor Noonan, for such a strategy to work, it is necessary to start now (and not in some distance future) by querying the class structure. Professor Noonan continually seeks to fly away from the need to question the legitimacy of the class structure from the beginning. Why is that? Perhaps because of his own class situation?

 

 

Do Collective Agreements Convert Working for an Employer into Decent Work?

Tracy McMaster is a union steward for Local 561 of the Ontario Public Service Employees Union (OPSEU); she was also vice-president of the local union at one point. However, she prides herself most on her activity of organizing part-time college workers (she works at a college as a library technician). . On March 25, 2019, in a short video (Stewards Assembly 2019), she refers to the need to organize part-time college workers (where she works). She also refers to “a full-time decent unionized job.” This implies that as long as it is full-time and unionized, the job is decent.

Of course, organizing part-time workers so that they obtain increased wages or salary and better benefits (or receive benefits in the first place since many part-time workers do not receive benefits at all) is something to be praised. However, the standard of evaluation for what constitutes a decent job is whether there is a collective agreement that protects a certain level of wages and working conditions.

Such a standard is never questioned. Ms. McMaster never questions that standard throughout the video. Indeed, right after the quoted reference “full-time decent unionized jobs,” she ends with the rhetorical question: Right? Exactly. She believes that a full-time, unionized jobs are by definition decent. To question such a view does not form part of her union activity.

She argues that part-time workers were working under “unjust, awful condition…takes away the dignity of everybody’s job.” Since employers (presumably, or perhaps also students and others–she leaves it unspecified what she means by “people treating others with disrespect”) treat part-time workers with little respect, then full-time unionized workers find that others do not treat them with respect.

She points out that she received solidarity from both the local union presidents in 24 different colleges as well as various labour councils throughout Ontario and especially the labour council in Toronto.

She then claims that it was “an amazing, amazing accomplishment” that the part-time workers “just last week have their first collective agreement.” She is “so proud” that she “was involved in this project.”

Of course, she should feel that she, along with others, has accomplished something. The question is: Is it enough? She herself claims that the job of the labour movement is to find workers who need a union and to organize them. The standard or definition of what constitutes decent work is, then: organized workers who belong to a union.

When I questioned this definition when Ms. McMaster called for solidarity for striking brewery workers here in Toronto because all the striking workers wanted were “decent jobs” and “fair wages,” , the “labour movement” reacted to my questioning with hostility (For example, Wayne Dealy, executive director for Local 3902 of the Canadian Union of Public Employees (CUPE), called me a “condescending prick.”)

Let us take a look at the collective agreement–“an amazing, amazing accomplishment” according to Tracy McMaster.

The memorandum of agreement contains typical clauses in a collective agreement: union representation, rights of union representatives, within limits, to take time off for union business (with compensation in some cases); work hours and scheduling, wages, rate of increase of wages and when that will take affect, period of paying the wages, shift premium, reimbursement of tuition and maintenance of salary if time off is required for courses approved by the employer, kilometrage allowance, developmental leave for furthering academic or technical skills that will enhance their work for the College, holidays, vacations, personal leave without pay, bereavement leave, jury/witness duty, citizenship leave, pregnancy leave, parental leave, health and safety (provision of clothing, work stations, safety devices, environmental conditions, seniority and its loss, layoff and recall, waiver of rights/severance, job postings/promotions, excluded positions, complaints/grievances, duration (until January 31, 2021).

This set of clauses is certainly likely better than wages and working conditions for part-time workers in many industries. As a consequence, as I have indicated in various posts, unions are much more preferable than non-unionized settings for many workers (although wages and working conditions for other industries should also be compared to gain a more accurate picture of workers’ situations in various non-unionized and unionized settings. Fear of unionization by some employers may motivate them to enhance wages and working conditions in non-unionized industries.)

Granted that, should we still not ask whether such jobs are decent?

How does the above change the general power of employers to treat workers as things that do not participate in the formulation of the goals of the organization to which they belong? Thus, the management rights clause states, in “Memorandum of Settlement:
The College Employer Council for the College of Applied Arts and Technology and Ontario Public Service Employees Union on behalf of the College Support Staff Part-Time”:

5 MANAGEMENT FUNCTIONS

Union Acknowledgements

The Union acknowledges that it is the exclusive function of the Colleges to:
•maintain order, discipline and efficiency;
•hire, discharge, transfer, classify, assign, appoint, promote, demote, lay off, recall and suspend or otherwise discipline employees subject to the right to lodge a grievance as provided for in this Agreement;
•generally to manage the College and without restricting the generality of the foregoing, the right to plan, direct and control operations, facilities, programs, courses, systems and procedures, direct its personnel, determine complement, organization, methods and the number, location and positions required from time to time, the number and location of campuses and facilities, services to be performed, the scheduling of assignments and work, the extension, limitation, curtailment or cessation of operations and all other rights and responsibilities not specifically modified elsewhere in this Agreement.

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

Ms. McMaster does not even bother to explore whether her characterization of inclusion of such part-time workers under the rule of managerial power–despite the existence of a collective agreement–actually expresses something decent. She ignores completely the management-rights clause and idealizes the collective agreement. This is typical of the social-democratic, reformist left.

Despite Ms. McMaster’s rhetoric to the contrary, the collective agreement cannot be characterized as amazing–unless you have a low standard of what amazing means. Part-time workers now have some protection from arbitrary treatment by employers (subject to a grievance process) and some control over their working lives. However, the collective agreement only limits management rights–like all collective agreements. It does not prevent workers at the various colleges from being used, day after day, for purposes over which they have no control (see The Money Circuit of Capital). To call this “dignity” is rhetoric. It is undignified and humiliating. All workers deserve to control their lives collectively–and that does not mean by limiting such control via management rights.

There is, of course, little point in trying to convince Ms. McMaster and other trade unionists of their lack of critical distance from collective agreements and collective bargaining. They wholeheartedly identify with the process and consider any questioning of such a process and its results to be tantamount to insanity.

It is better to practice the politics of exposure–showing the limitations of their own point of view and the limitations of what their own standards of evaluation for justice and fairness (in the video, Ms. McMaster wears a t-shirt with the inscription “We Stand For Fairness!”). Behind her, there is a poster with what appears to be the inscription “The Future Needs Good Jobs.”

The future certainly does not good jobs–but jobs controlled by workers and their community–without employers.

The future of good jobs for the social-democratic left, however, is just more of the same–collective agreements and the daily grind of working under the dictatorship of employers, limiting their power but not struggling to abolish it.

What if a worker works in a unionized setting but does not find that the work reflects being a decent job? For unionists, the worker should try to change working conditions through the next round of bargaining. However, if the worker finds working for any employer to be objectionable, unionists having nothing to say–except “Suck it up.” Or, alternatively, they will express the rhetoric of “decent work” and so forth and ignore the reality of managerial power and how degrading it is for a majority of workers to be dictated by a minority of representatives of employers.

Ms. McMaster, like her social-democratic colleagues, have a lot to answer for when they idealize collective agreements. They ultimately justify the dictatorship of employers over workers despite their rhetoric to the contrary.

It is, of course, ultimately up to workers themselves whether they wish to organize for purposes of remaining within the limits of the power of the class of employers or whether they wish to organize for going beyond that power. The attempt to go beyond that power is both much more difficult and much more risky. On the other hand, given the emergence of right-wing movements and political parties, it is also risky organizing only to limit the power of employers.

To sum up: Evidently, it it has been argued that the answer to the question whether collective agreements convert working for employers into decent work depends on the level of your standard for deciding what decent work is. The level of many unionists is the collective agreement itself. I have argued, in this and other posts, that level is wholly inadequate. Workers deserve a much higher standard, but to achieve such a standard requires going beyond limitations to employer power and to the power of their representatives via management; it requires questioning any agreement between employers and workers as embodying decent work.

We deserve much better than just collective agreements. We deserve to control our own lives collectively.

The Poverty of Academic Leftism, Part Three: Collective Bargaining and the Interests of the Working Class

This is a continuation of a critique of an academic leftist (aka academic historical materialist), the philosopher Jeff Noonan.

Another example of the limitations of Professor Noonan’s analysis is the following
(from Thinkings 4Collected Interventions, Readings, Evocations, 2014-2015,page 10):

And sometimes it is necessary to struggle to protect or extend our rights as workers to help determine our conditions of work.

The context for the statement is Professor Noonan’s defense of workers’ right to strike. The problem with this argument is located in his use of the word “sometimes.” Since order-in-council 1003, enacted in 1944 during the Second World War, workers have not had the right to strike during the terms of a collective agreement in Canada. What happens during the terms of a collective agreement? Workers are generally expected to grieve an order, a procedure and so forth by management but continue to work. Is this something with which Professor Noonan agrees? His use of the word “sometimes” seems to imply that as well as his defense of the right to strike–a right that legally arises only after the expiration of a collective agreement.

But what of the need to struggle during the terms of a collective agreement? It may appear that Professor Noonan is sympathetic to the working class and to socialism, and yet his silence concerning, on the one hand, the general legitimacy of collective agreements in the context of the power of a class of employers and, on the other, his silence concerning the need to engage in struggle during the terms of a collective agreement demonstrate the limitations of his approach.Indeed, the International Workers of the World (IWW) have recognized the need to engage in struggle in various forms, with escalating consequences rather than just the strike; the strike, rather, is a high-end pressure tactic and not generally the first form of tactic to engage in in order to achieve workers’ own ends.

This does not mean that workers will engage in struggle continuously; workers of course need to pick and choose their struggles. However, the defense of the right to strike without any mention of the need to struggle against employers during the term of a collective agreement (and not just in the form of grievances) is a very limited defense of the interests of the working class.

It may seem that Professor Noonan recognizes the limitations of collective bargaining. He says the following (page 11):

Collective bargaining is a difficult process. At its best, it is a rare opportunity for workers to participate in the determination of their conditions of work, rather than simply accept whatever conditions are offered. Collective bargaining allows workers to deliberate together as a democratic body about how they think their work should be organized and compensated and to make their case to the employer. Despite what employers publicly maintain, there is no equality of power. Since employers retain ultimate legal control over the workplace, since they continue to draw full salary during any work stoppage, and since the legislative deck is stacked in their favour, without solidarity, both between members of the bargaining unity and between the bargaining unit and the wider community of labour and concerned citizens, the employer is typically in an advantaged position.

How does “solidarity, both between members of the bargaining unity [unit?] and between the bargaining unit and the wider community of labour and concerned citizens” overcome the power of employers as a class? A particular employer may have to concede relative defeat due to certain favourable conditions of a particular section of the working class, but the fact that workers still have to work for an employer involves “an advantaged position” of employers as a class–including the relatively “disadvantaged” employer.

Further evidence of the inadequacy of Professor Noonan’s position can be seen from the following (page 11):

We have only taken strike votes in the face of protracted impasses at the bargaining table over issues of fundamental importance to the membership.

Professor Noonan is trying to present the Windsor University Faculty Association as being reasonable; it does not engage in needless strike votes but only “over issues of fundamental importance of the membership.” This seems eminently reasonable–except it neglects the management rights clause, implicit or explicit, in collective agreements. What if an issue arises “of fundamental importance” to “the membership” during the term of a collective agreement that is not grievable?

Professor Noonan, further, argues the following (page 12):

Why, then, has bargaining often stretched into the fall? The answer is that both sides have too often brought so many items to the table that it took that long to work through them all in a responsible manner.

Perhaps university professors, who have greater control over what they do, how they do their work, and when they do their work than most other employees, need not bring “so many items to the table,” but the implicit or explicit management rights clause for most employees involves the general power of employers and their representatives, managers, to determine what to do, how to do it and when to do it. It is quite understandable why there are many items on the negotiating table from employees’ point of view–the collective agreement is a limiting document, restricting the power of management to exercise its right as management.

In fact, when I was a member of a negotiating team for Operating Engineers Local 858, Prince George, British Columbia, Canada, I consciously tried to show the workers how many items on the table we had to remove in order to obtain what we obtained by presenting all items desired on the left-hand side of the bargaining bulletin and either an x or check mark on the right-hand side. The union business manager had to present this format to a ratification meeting for those in Prince George (because she had asked me to draft it), but since the bargaining unit extended beyond Prince George, ratification also assumed the form of mail-in ballots. The union business manager changed the format to show only what we won before sending out an information bulletin.

Professor Noonan says, further (page 12):

Nevertheless, despite the nightmares of right-wing pundits, university faculties are not full of rabid leftists chomping at the bit to prosecute the class struggle (there are a few of us still left, but I can assure everyone we are in a small minority). Most faculty members care most about their research and their teaching, they do not want either interrupted by either lockouts or strikes, and most are loath to engage in struggles that might harm the reputation of the institutions in which their own reputations as academics are forged. You really have to push academics hard to anger them enough as a collective to make them want to strike (or a strongly resist an imposed lockout).

Although some or even many or even most university professors may find doing research and teaching meaningful in itself, as you go down the line of jobs, with less and less control and more precarious work, the extent of a job being meaningful probably decreases correspondingly. Even jobs in schools, with some control over pedagogy can be less important than other aspects of the job (such as pay and vacation). Although workers try to find meaning in their work in various ways (in the brewery, for example, some workers would play “ball” with beer bottles when the foremen were not looking), many workers have families and find the work more a means to an end rather than an end in itself. (This is the “decent work” that social democrats and reformers persistently talk about–without discussion–such clichés).

In the context in which Professor Noonan is speaking–a union of university professors–it may make sense to speak of striking as a last ditch effort by them to avoid a strike if at all possible–it makes less sense as the work becomes less and less meaningful. Workers in various sectors (whether public or private) may not like to strike–it interrupts their own lives and makes life difficult in various ways–but even when a collective agreement is signed, they are more prone to strike and engage in covert (and, if necessary, overt) actions that express their treatment as things to be used by employers.

Professor Noonan’s neglect of the relatively privileged status of university professors in relation to other workers leads him to assert the following:

Whether or not it was ever practiced in reality, the principle of collegial self-governance is the goal to which universities should aspire. Unlike for profit businesses, universities do not have owners whose goal is to maximise profits. Instead, all members of the institution– faculty, librarians, learning specialists, lab technicians, students, support workers, and administration have the same goal—the advance of human knowledge and creativity in the widest and most comprehensive sense. If that claim is true, then it should follow that all the groups who together make up the university ought to cooperate (not without respectful disagreement) in the determination of the budgets, policies, rules, and goals that guide the institution’s mission. The best ideas emerge through deliberative and democratic argument—no one group knows best just because of the position they occupy in the hierarchy.

This view is ideology in the worst sense of the term. In a society dominated by employers–including public-sector employers like universities, it is highly unlikely that such workers as “lab technicians, students and support workers” have the same goal–“the advance of human knowledge and creativity in the widest and most comprehensive sense.” Such a view may apply in a socialist organization, but to assume such a situation in universities, which function in a capitalist context, is bound to lead to inadequate policies and theories.

Consider support workers. I worked twice at a university library, once doing my practicum to obtain a library and information technology diploma from the Southern Alberta Institute of Technology (SAIT) at the University of Calgary main library, in the cataloguing department. At the University of Calgary, I noted that the work situation was characterized by a very hierarchical, top-down power structure. One worker commented that she would prefer a benevolent dictator to a mean one; of course, but why have a dictator at all? At least this worker recognized that there was a dictator–unlike Professor Noonan.

At the University of Manitoba Dafoe Library, the same hierarchy existed, but there was even more repression (including racist oppression). Was “the left” at the University even aware of this? Not that I could see. Has Professor Noonan even inquired about the working conditions of subordinates at the University of Windsor? Has he tried to criticize trade unionists who adopt an ideology of “decent work?”

It is much easier to criticize from afar than near at hand–much less dangerous. Talk of “democracy” that does not threaten one’s own work position is pure rhetoric.

As I wrote in my previous post:

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

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

Apolitical Intellectuals

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

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

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

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

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

On that day
the simple men will come.

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

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

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

A vulture of silence
will eat your gut.

Your own misery
will pick at your soul.

And you will be mute in your shame.”

Collective agreements do not exist in a vacuum but form part of interrelated social relations; to exclude such relations when considering the nature and legitimacy of collective agreements is to empty collective agreements of the background conditions which give them meaning in the first place.

Employers as Dictators, Part Two

Union reps typically refer to fair compensation in order to justify their short-term actions. Of course, there is nothing wrong with short-term goals as such, but when they are presented as the same as what should be a long-term goal (fairness and freedom), then such goals become an ideology that justifies the power of employers as a class.

Contrast, for example, the following quote from Ms. Anderson’s book and a discussion I had with a union rep.

From Elizabeth Anderson, Private Government: How Employers Rule Our Lives (And Why We Don’t Talk about it), page 40:

I expect that this description of communist dictatorships in our midst, pervasively governing our lives, open to a far greater degree of control than the state, would be deeply surprising to most people. Certainly many U.S. CEOs, who think of themselves as libertarian individualists, would be surprised to see themselves depicted as dictators of little communist governments. Why do we not recognize such a pervasive part of our social landscape for what it is? Should we not subject these forms of government to at least as much critical scrutiny as we pay to the democratic state?

The social-democratic left do not engage in “critical scrutiny” of the “forms of government” of employers. Rather, they use as their standard improved working conditions relative to immediate working conditions–but they leave out any reference to the need to critique the dictatorship of employers.

Thus, I had a conversation with a union rep on Facebook–Dave Janssen–on the issue of fair compensation. Mr. Janssen, according to the Facebook page, “is an integral leader with the TAWC [Toronto Airport Workers’ Council] and the IAMAW [International Association of Machinists & Aerospace Workers] . He continuously strives to improve safety standards and the overall working conditions for the 49,000+ workers at Toronto Pearson [International Airport].”

Here is the following conservation:

Dan Janssen is at Toronto Pearson International Airport.

June 23 at 1:59 PM · Mississauga ·

Today was the Safety Expo event at Terminal 3 for the Canadian Airports Safety Week. It was a great opportunity to speak to my coworkers at YYZ [Toronto Pearson International Airport] about the importance of coming together to improve working conditions. Amazing to see so much support for flight attendants, as they need a change to federal labour laws that will ensure they are fairly compensated for their work. TAWC: Toronto Airport Workers’ Council [Facebook page]

9 Comments

Fred Harris What determines being “fairly compensated?” Can labour laws really ever “ensure they are fairly compensated?” Or is this an illusion? A cliche? Can any amount of money be considered “fairly compensated” when the people receiving the money are used as things for other persons’ purposes?

Please explain what “fairly compensated” means. Otherwise, the reference to “fairly compensated” is a cliche and does workers a disservice.

Dan Janssen For flight attendants, being fairly compensated means actually being paid for hours worked. The current model used around the world allows FAs to be paid only when the door of the aircraft is closed prior to pushback, not for any time spent prior to the flight departing.

Fred Harris It is more fairly compensated if they are paid for hours worked. How is it fairly compensated if they receive such pay?

When I worked in a brewery, we were paid for hours worked according to that definition (of course, not for travel to and from work). If we were paid for travel time and for hours worked, would we then have been fairly compensated?

I fail to see how that can be so. Firstly, we were things to be used by employers for the end of profit–no matter what our current pay. Secondly, of course the question arises: where does the profit come from except from the workers’ labour in the first place.

Thirdly, even if there were no profit, flight attendants would still be things to be used for purposes external to their own lives; it is not they who democratically control their own working lives.

Fourthly, flight attendants operate within a social division of labour that is determined by the general structure of the economy. They are not free to choose different kinds of activities, within the limits of their time and abilities and those of other workers because they are economically dependent on an employer.

They are unfree in various ways.

Fighting for higher earnings is always necessary–to refer to “fairly compensated”–that does workers a disservice. How can any compensation be adequate to such a lack of freedom when working for an employer?

Dan Janssen I see where you are coming from. This campaign for fair compensation has been resonating with all of our coworkers in support of flight attendants since it was launched. We are open to suggestions if you would like to put forward any ideas.

Fred Harris My suggestion is: cease referring to it as fair compensation. Use the relative term “fairer” and explain why there can be no such fair compensation. Explain that workers deserve much more than that–to control their own working lives and that a fight for increasing compensation for flight attendants is one step in a link of steps to eliminate the power of employers over workers and over our lives in general.

In other words, what is needed is an approach that links up, explicitly, one particular fight against employers with a general fight against employers.

Another aspect would be to start a discussion–or campaign–to question both explicit and implicit management clauses in collective agreements. Why do they exist? Why do employers have such power? What are the implications of managerial power for the limitations of legal union power?

What of collecting several management rights clauses in various collective agreements at the airport and having discussions over such clauses via emails, to the general membership, asking them what they think about this power? What of steward training that shows the limitations of collective agreements in relation to the power of unions?

Why not expand such discussions by linking them to other aspects of power by employers (their legal power, their political power, their social power and so forth)?

Fred Harris Any responses to the suggestions?

Dan Janssen Yes Fred, please come out to one of our TAWC open meetings and put your ideas forward to the council to be actioned. Our meetings are open to all airport workers, unionized or not and anyone can bring forward ideas, events, actions, etc. Decisions are made as a group. Message the page with your email and we will add you to our email list.

Fred Harris Another suggestion: Have a discussion (both among union reps and among the general membership of various unions) concerning the lack of discussion about the origin and nature of employers in the Ontario history curriculum (and the origin and nature of employees, of course, since employers without employees is impossible).

In other words, have a discussion about this issue in order to counter the silent indoctrination of hundreds of thousands of students concerning their probable future lives as subordinates to the power of the class of employers–unless they organize not only to oppose that power but to overcome it.

Fred Harris Not really feasible. I already attempted to question the idea of $15 and Fairness” at a public forum, and despite raising my hand a number of times to ask a question, I was not recognized by the chair–Sean Smith.

Secondly, I have experienced hostility by union members (rather, union reps) before concerning such ideas. I doubt that my ideas would be taken seriously if I broached the issue.

To be fair to Mr. Janssen, he did invite me to attend the Toronto Airport Workers’ Council (TAWC), but as I indicated above, in a public forum, I was not recognized by Sean Smith (a member of another union, Unifor), and Mr. Smith is a member of TAWC. Indeed, on the TAWC Facebook page, along with Mr. Janssen and others, there is a short passage about Dan Janssen and Sean Smith : ” Sean Smith (UNIFOR) and Dan Janssen (IAMAW) spent some time going over the history, past actions and structure of the Toronto Airport Workers’ Council to a captive audience of MAN [Manchester International Airport) workers from various companies and job functions.”

Although it is possible that Mr. Smith inadvertently did not recognize me when I raised my hand several times to ask the question about why the campaign for $15 and “Fairness” had the campaign linked to the concept of fairness, I am skeptical about such a view. I was sitting on an end chair in a direct line of sight with Mr. Smith. Furthermore, when one of the members of the audience who was instrumental in campaigning for the $15 and “fairness” raised her hand (Pam Frache), she was not only recognized by the chair but spoke for much longer than normal.

Given my skepticism about Mr. Smith’s attitude towards my views, and given the close relation between Mr. Smith and TAWC, it is unlikely that my views would be taken seriously at such meetings. Mr. Janssen’s invitation, then, though it may look democratic, may be less so.

Or perhaps I am wrong. Should I attend such meetings despite the probable ridicule of my views? What do you think? Any suggestions about what should be done?

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

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

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

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

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

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

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To the Negotiations Committee

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

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

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

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

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

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

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

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

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

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

Fred, chair, Substitute Teachers’ Committee

The critical summary of my educational experience (

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The Double-Bind of Teachers as Employees

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

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

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

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

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

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

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

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

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

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

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

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

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

Fred Harris, executive member

Management Rights, Part Seven: Public Sector Collective Agreement, Quebec

It is fascinating how the social-democratic or reformist left, with their talk of “good contracts,” “decent work,” a “fair deal,” and “economic justice” and so forth do not feel that they have the need to justify themselves. They assume what they must prove to workers–that a collective agreement expresses “good contracts,” and so forth.

Do you think that collective agreements as a whole, which concentrates decision-making power in a minority called management, express good contracts? Fairness? Decent work? A fair deal? Economic justice?

What do you think of the following?

From

Agreement concluded
between
the Management Negotiating Committee for English-language School Boards (CPNCA)
and
the Centrale des syndicats du Québec on behalf of the professionals’ unions represented by its bargaining agent, the Fédération des professionnelles et professionnels de l’éducation du Québec (CSQ)
2015-2020,

page 12:

ARTICLE 2-2.00 RECOGNITION
2-2.01
The union recognizes the board’s right to direct, administer and manage, subject to the provisions of this agreement.

Of course, it may be the best contract under the power relations that currently exist–but that is not the same thing as claiming that it is a “good contract.” Ideologues for unions may counter that it is implied that the power relations are unfair. But if so, why is it that the union bureaucracy does not bring it out explicitly? Are they afraid that some workers might start organizing to overthrow (abolish) those conditions?

Where and where is there discussion and debate over such issues? Certainly not in Toronto, Ontario, Canada. Trying to bring such issues out into the open results in insults (I was called a condescending prick by one union representative; a Facebook friend called me “delusional” when I tried to link the issue of the power of employers to the issue of the state of Ohio prohibiting girls who were raped from having abortions).

Should we not be discussing the issue of why management rights exist? Should we not be discussing what the implications of such rights have on our working and daily lives? Should we not be discussing what we should be do about the problem of a minority dictating to a majority?