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

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

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

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

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

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

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

Employment Law and Labour Law Together

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

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

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

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

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

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

Employment Law

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

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

Transition: Employee and Society

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

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

Labour Law

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

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

  1. What is a grievance? Labour law

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

  1. Who “owns” a grievance? Labour law

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

  1. Who generally grieves? Why? Labour law

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

  1. What is interest arbitration? Labour law

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

  1. What is grievance arbitration? Labour law

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

  1. What is a labour board? Labour law

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

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

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

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

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

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

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

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

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

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

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

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

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

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

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

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

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

  1. What is the certification process? Labour law

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

  1. What is a bargaining unit? Labour law

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

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

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

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

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

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

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

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

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

Transition: Labour Law and Society

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

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

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

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

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

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

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

General: Employee: Meaning

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

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

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

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

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

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

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

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

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

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

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

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

Introduction

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

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

Think-Pair-Share

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

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

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

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

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

Think-Pair-Share or Some Other Format

  1. What does being an employee mean to you?

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

  1. What does an employment contract mean to you?

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

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

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

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

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

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

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

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

_______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________­­­­­­­­­­­­____________.

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

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

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

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

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

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

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

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

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

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

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

Workshop on Labour Law: Topics required

Good morning everyone,

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

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

Please send me topics that you might find of interest.

Fred Harris, Chair, Substitute Teachers’ Committee

 

 

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

Introduction

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.

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 referred to issues and clauses in the collective agreement that were relevant to substitute teachers as well as to the Substitute Teachers’ Committee.

Limitations of Collective Bargaining

A Philosophical (Critical) Commentary on the Labour Law Review, November 14-15, 2007

On November 14 and 15 I attended the 13th Annual Review of Labour Law. The structure of the presentation made the Review more lively than otherwise: a rotating set of two different lawyers presented each section, one representing the employees’ side and the other representing the employers’ side. The Review specifically related to law connected to workplaces governed by collective agreements as opposed to general employment law.

The Review was divided into six sections: accommodation of employees, especially with regard to disabilities according to human rights legislation; discipline in relation to the disabled employee; arbitrators’ responses to harassment at the workplace; updates to Manitoba Labour Board decisions; updates to arbitration board decisions; and trends in Manitoba labour relations.

The bottom line of issues centering on accommodations of those with disabilities is that the employer must reasonably accommodate employees with disabilities on a continuous basis up to the point of undue hardship for the employer.

Discipline of employees with disabilities covered mainly those with addictions of one form or another. The issue here is to what extent the conduct leading to discipline is attributable to the addiction and to what extent it is attributable to the employee’s own control.

The third section on harassment in the workplace described the broadening of the definition of harassment from harassment based on stereotypical categories specified in the legislation to harassment based on persona characteristics, or in more colloquial terms, harassment characteristic of bullying.

The fourth section provided an overview of relatively recent Manitoba Labour Board decisions. An interesting case was between United Steelworkers of America and Buhler Manufacturing. The Labour Board found that the employer was obliged to provide to the union contact information (telephone numbers and home addresses) of all members in the bargaining unit, and the list was to be updated every six months.

An interesting case in the fifth section was between the Province and the Manitoba Government Employees’ Union. The Province put certain employees on an attendance management program. The arbitrator found that the medical information requested by the employer was far in excess of what was reasonable under the circumstances. Another interesting element of this case was the inclusion in the collective agreement of the clause that the employee may or shall be requested to provide a medical certificate or statutory declaration of having been sick.

The final section considered some possible trends in labour relations, such as the duty to accommodate disabled employees, increasing privacy rights of the individual versus the right of the employer for relevant information to run the business (drug testing and surveillance of employees).

One comment made by a union lawyer while discussing the issue of accommodation of disabled employees in the first section should leave teachers with food for thought. He indicated that it is a little known fact that the employer has the right to grieve. In all arbitration cases presented during the two days, however, there was no case in which the employer grieved. The main reason why employers rarely grieve was not addressed. The main reason why employers rarely grieve is that they do not need to do so; they possess the economic power to implement their goals independently of the grievance process. What the collective agreement does, via labour law, is to limit the economic power of employers to do what they want with the employees. The collective agreement is a defensive mechanism, not an offensive mechanism.

Some may make the counterargument that collective bargaining has permitted the extension of certain rights, such as maternity leave. On this view, collective bargaining, consequently, can become an offensive weapon by gradually extending employees’ rights in various directions. Such a conclusion would be valid if employers were passive and the world were static. However, as teachers in this Division have experienced, employers make many unilateral decisions, such as CAP, the online report card system and the requirement that substitute teachers provide reasons for refusing jobs. Employers use their economic power to achieve their goals, and they rarely need to grieve to achieve them.

If this is the case, and the employer-employees relation, as I argued in the last article, involves subordination to the will of the employer, then the economic power not only of the Division as employer but all employers needs to be discussed thoroughly and on an ongoing basis.

For instance, does the economic power of employers result in employees fearing to express their opinions because they fear retaliation by the employer? If so, what does that tell us about the kind of society in which we live? Do we want our children to grow up in the same fearful relations, if they exist? What are the implications of living in fear for the formation of character? Since education, ultimately, is the formation of human character, how does the employer-employees relation work itself out in the formation of human character? In other words, does the employer-employee relation work for or against the educational process?

These questions, even indirectly, were not addressed at the Labour Law Review. Both union lawyers and employer lawyers, from opposite sides to be sure, shared the same premise: the employer-employees relation is legitimate. The differences between the two sides had to do with whether the collective agreement had been breached by the employer. The shared premise of the legitimacy of the employer-employees relation prevented them from questioning their own logic. Should we not be discussing this premise as teachers and as employees?

Fred Harris, executive member

Engaging in Concrete Administrative Issues in a Union

In the WTA newsletter, I also provided concrete information relevant to substitute teachers for members of the Substitute Teachers Committee (and, perhaps, for the WTA newsletter–I do not remember whether I submitted the information to the WTA):

Good afternoon, everyone.

At the executive meeting, I asked for clarification concerning whether substitute teachers, if injured, had any insurance. The answer is: no. Teachers, according to law, are excluded from receiving Workers’ Compensation, and this is a non-negotiable item (only employers pay into Workers’ Compensation). However, private insurance of some type would be possible, but none now exists. So, if you get injured on the job as a substitute teacher—you can always sue the Division. Other than that, you are responsible for your own disability or injury.

Fred Harris, chair, Substitute Teachers’ Committee

Furthermore, I provided information in the WTA newsletter about the new substitute-calling system (SmartFinder):

Substitute Teacher Access to Listed Jobs

SmartFinder Express has now been programmed to permit substitute teachers to access jobs available, either online or by telephone. In either case, key in your employee number and pin number. Next, for the computer system, click on Available Jobs, and then specify the range of dates and click on Submit. For the telephone system, press number 2.

Fred Harris, chair, Substitute Teachers’ Committee

I also wrote about some relevant information (and problems) for substitute teachers with the SmartFinder system:

Elements of the Current SmartFinder Express System for Substitute Teachers

The current SmartFinder Express system has several features (or lack of features) about which substitute teachers should be aware:

  1. Should a substitute teacher refuse four consecutive phone calls, she or he will not be called again for that day.
  2. Should a substitute teacher not answer four consecutive phone calls, she or he will not be called again for that day.
  3. Should a substitute teacher hang up three consecutive times, she or he will not be called again for that day.
  4. In some instances, the SmartFinder system has called substitute teachers for the same day when they have already been booked for that day. Since the system still requires substitute teachers to provide reasons, they may be penalized for refusing jobs that they should not have received in the first place.
  5. When a substitute teacher tries to find available jobs to accept, there are rarely any such jobs. However, in some other divisions (such as St. James-Assiniboia), substitute teachers can go online and accept posted jobs for substitute teachers.

Informing Substitute Teachers of Clauses in the Collective Agreement Especially Relevant for Them

Furthermore, I wrote the following to the members of the Substitute Committee (and perhaps drafted one for the WTA newsletter–I do not remember):

Good afternoon, everyone.

As indicated in the minutes, I am sending everyone a copy of the clause about professional development in the collective agreement:

16.03 (f) Professional Development

A substitute teacher who has worked for the Division for at least fifty (50) teaching days in the previous school year shall be entitled to request in writing to the Director of Human Resources, or designate, to attend one professional development day in the next school year. Attendance, if approved, shall be considered as time worked under Article 16.03, Substitute Teachers.

A substitute teacher not meeting the above eligibility requirements may request to attend scheduled professional development days. Such attendance, if approved, shall be on a without pay basis.

Approval in either instance shall be at the sole discretion of the Division.

Fred

Advocating as Representative of a Subsection of the Union Membership to the Negotiating Committee 

In addition to these initiatives, I wanted to present recommending to the negotiating committee possible clauses of relevance to the substitute teachers in relation to a salary cap for substitute teachers (which did not apply to permanent teachers) :

Justification for Recommending that the Negotiating Committee Consider the Proposal for Removing the Clause in the Collective Agreement

Firstly, to justify the maintenance of the clause in the collective agreement, 16.03 (c) (iii) “No substitute shall receive a salary rate higher than the maximum salary rate provided under the Basic Salary Schedule for a Class IV teacher,” it has been pointed out that the substitute teachers in Winnipeg School Division No. 1 are the highest paid substitute teachers in Winnipeg. However, if the teachers in the WTA were also the highest paid teachers in Winnipeg, would it be justifiable to limit their salaries to the maximum level of class IV until they have worked 20 days or more? Of course, if there were such a cap, it would not matter to permanent contract teachers since they would automatically reach the 20 days. That is not the case for substitute teachers. On principle, though, is the fact that substitute teachers are the highest paid sufficient grounds for justifying the maintenance of such a clause?

Secondly, it has been said that there are few substitute teachers who would experience the effects of such a clause. There is no data to substantiate such a conclusion. The survey did not contain a question pertaining to level of qualifications (it should have done so). Without such data, the number and percentage of substitute teachers who would fall under such a clause is indeterminate. However, about one third of substitute teachers have substituted for at least 10 years. I know of at least three others who have substituted as long as I have who have their Masters’ degree.

Thirdly, even on the assumption that there are few substitute teachers who fall under the clause, should the same principle then apply to salary scale according to qualification and experience in any given year? For example, if there were no teachers with nine years experience and class 7 qualifications in a particular year, should we then agree to capping those with so many years experience and so much education since there are few or no members in the set in any particular year? We should also remember that even if in any given year there might be few members in such a set, situations evolve, and there might be more members in the set in some years than in others.

Fourthly, the issue is not just one of a few substitute teachers. The collective agreement embodies the recognition of the principle that differentiation of the qualities of teachers results in differential treatment. For example, differential experience and differential educational qualifications results in differential pay scales despite all teachers being members of the WTA. Since those substitute teachers who have worked for a number of years probably, though not necessarily, worked for the Division for a number of years, this clause contradicts the Associations’ principle of differential pay according to years of experience and level of qualifications. To be consistent with the Associations’ principles, should not the Negotiating Committee try to remove the clause from the collective agreement?

I provided a table of possible differences if the cap on the salary of substitute teachers was eliminated:

The maximum salary rate for class IV is $67, 522 according to the salary grid. The calculations are based on the yearly rate divided by 200 working days to give the rate per day. The ground base for any change in pay is $67, 522/200, or 337.61 a day. The two variables are the length of service (level of experience) and the level of qualifications:

Class 5, level 8, Yearly rate=69,948; daily rate=$338.30

Days worked Current Situation: Gross Removal of Cap on salary grid Difference
5 1688.05 1691.50 2.45
6 2025.66 2029.80 4.24
7 2363.27 2368.10 4.83
8 2700.88 2706.40 5.52
9 3038.49 3044.70 6.21
10 3376.10 3383.00 6.90
11 3713.71 3721.30 7.59
12 4051.32 4059.60 8.28
13 4388.93 4379.90 9.03
14 4726.54 4736.20 9.66
15 5064.15 5074.50 10.35
16 5401.76 5412.80 11.04
17 5739.37 5751.10 11.73
18 6076.98 6089.40 12.42
19 6414.59 6427.70 13.11

Class 5, level 9, Yearly rate=$71,358, daily rate=$356.79

Days worked Current Situation: Gross Removal of Cap on salary grid Difference
5 1688.05 1783.95 95.90
6 2025.66 2140.74 115.08
7 2363.27 2497.53 134.26
8 2700.88 2854.32 153.44
9 3038.49 3211.11 172.62
10 3376.10 3567.90 191.80
11 3713.71 3924.69 210.98
12 4051.32 4281.48 230.16
13 4388.93 4638.27 249.34
14 4726.54 4995.06 268.52
15 5064.15 5351.85 287.70
16 5401.76 5708.64 306.88
17 5739.37 6065.43 326.06
18 6076.98 6422.22 345.24
19 6414.59 6779.01 364.42

Class 6, level 7, Yearly rate=$69,713, daily rate=$345.87

Days worked Current Situation: Gross Removal of Cap on salary grid Difference
5 1688.05 1729.35 41.30
6 2025.66 2075.22 49.56
7 2363.27 2421.09 57.82
8 2700.88 2766.96 66.08
9 3038.49 3112.83 74.34
10 3376.10 3458.70 82.60
11 3713.71 3804.57 90.86
12 4051.32 4150.44 99.12
13 4388.93 4496.31 107.38
14 4726.54 4842.18 115.64
15 5064.15 5188.05 123.90
16 5401.76 5533.92 132.16
17 5739.37 5879.79 140.42
18 6076.98 6225.66 148.68
19 6414.59 6571.53 156.94

Class 6, level 8, Yearly rate=$72,152, daily rate=$360.76

Days worked Current Situation: Gross Removal of Cap on salary grid Difference
5 1688.05 1803.80 115.75
6 2025.66 2164.56 138.90
7 2363.27 2525.32 162.05
8 2700.88 2886.08 185.20
9 3038.49 3246.84 208.35
10 3376.10 3607.60 231.50
11 3713.71 3968.36 254.65
12 4051.32 4329.12 277.80
13 4388.93 4689.88 300.95
14 4726.54 5050.64 324.10
15 5064.15 5411.40 347.25
16 5401.76 5772.16 370.40
17 5739.37 6132.92 393.55
18 6076.98 6493.68 416.70
19 6414.59 6854.44 439.85

Class 6, level 9, Yearly rate=$75,691, daily rate=$378.46

Days worked Current Situation: Gross Removal of Cap on salary grid Difference
5 1688.05 1892.30 204.25
6 2025.66 2270.76 245.10
7 2363.27 2649.22 285.95
8 2700.88 3027.68 326.80
9 3038.49 3406.14 367.65
10 3376.10 3784.60 408.50
11 3713.71 4163.06 449.35
12 4051.32 4541.52 490.20
13 4388.93 4919.98 531.05
14 4726.54 5298.44 571.90
15 5064.15 5676.90 612.75
16 5401.76 6055.36 653.60
17 5739.37 6433.82 694.52
18 6076.98 6812.28 735.30
19 6414.59 7199.74 785.15

Class 7, level 6, Yearly rate=$69,948; daily rate=$349.74

Days worked Current Situation: Gross Removal of Cap on salary grid Difference
5 1688.05 1748.70 60.65
6 2025.66 2098.44 72.78
7 2363.27 2448.18 84.91
8 2700.88 2797.92 97.04
9 3038.49 3147.66 109.17
10 3376.10 3497.40 121.30
11 3713.71 3847.14 133.43
12 4051.32 4196.88 145.56
13 4388.93 4546.62 157.69
14 4726.54 4896.36 169.82
15 5064.15 5246.10 181.95
16 5401.76 5595.84 194.08
17 5739.37 5945.58 206.21
18 6076.98 6295.32 218.34
19 6414.59 6645.06 230.47

Class 7, level 7, Yearly rate=$73,072, daily rate=$365.36

Days worked Current Situation: Gross Removal of Cap on salary grid Difference
5 1688.05 1826.80 138.75
6 2025.66 2192.16 166.50
7 2363.27 2557.52 194.25
8 2700.88 2922.88 222.00
9 3038.49 3288.24 249.75
10 3376.10 3653.60 277.50
11 3713.71 4018.96 305.25
12 4051.32 4384.32 333.00
13 4388.93 4749.68 360.75
14 4726.54 5115.04 388.50
15 5064.15 5480.40 416.25
16 5401.76 5845.76 444.00
17 5739.37 6211.12 471.75
18 6076.98 6576.48 499.50
19 6414.59 6941.84 527.50

Class 7, level 8, Yearly rate=$76,204, daily rate=$381.02

Days worked Current Situation: Gross Removal of Cap on salary grid Difference
5 1688.05 1905.10 217.05
6 2025.66 2286.12 260.46
7 2363.27 2667.14 303.87
8 2700.88 3048.16 347.28
9 3038.49 3429.18 390.69
10 3376.10 3810.20 434.10
11 3713.71 4191.22 477.51
12 4051.32 4572.24 520.92
13 4388.93 4953.26 564.33
14 4726.54 5334.28 607.74
15 5064.15 5715.30 651.15
16 5401.76 6096.32 694.56
17 5739.37 6477.34 737.97
18 6076.98 6858.36 781.38
19 6414.59 7239.38 824.79

Class 7, level 9, Yearly rate=$79,760, daily rate=$398.80

Days worked Current Situation: Gross Removal of Cap on salary grid Difference
5 1688.05 1994.00 305.95
6 2025.66 2392.80 367.14
7 2363.27 2791.60 428.33
8 2700.88 3190.40 489.52
9 3038.49 3589.20 550.71
10 3376.10 3988.00 611.90
11 3713.71 4386.80 673.09
12 4051.32 4785.60 734.28
13 4388.93 5184.40 795.47
14 4726.54 5583.20 856.66
15 5064.15 5982.00 917.85
16 5401.76 6380.80 979.04
17 5739.37 6779.60 1040.23
18 6076.98 7178.40 1101.42
19 6414.59 7577.20 1162.61

Radicals need to be active on many fronts, including the nitty-gritty of providing concrete information to the members on relevant laws and clauses in the collective agreement and being an advocate for members in various ways.

Of course, it depends on their own specific situation as well. I, for example, no longer work for a specific employer. Consequently, my critical activism needs to take a different form.

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

Even before I served as the chair of the Substitute Committee for the Winnipeg Teachers’ Association (WTA), I tried to establish communication between the rank-and-file teachers and substitute teachers and myself. Such communication forms a necessary aspect of the work of the radical left.

A Philosophical (Critical) Commentary on the Collective Bargaining Seminar, August 22-24, 2007

I attended the collective bargaining seminar held by the Manitoba Teachers’ Society at Clear Lake. As I said to one of the MTS staff officers, it was an enlightening experience.

The seminar was very well organized. It was designed to combine a theoretical grounding in collective bargaining with hands-on practice through simulation of collective bargaining with a mock school board of two members.

The first day was spent meeting with pre-arranged teams of negotiating committees, with an MTS coach assigned to each team. The second day was split into two sessions, with the morning session involving the ins and outs of collective bargaining. There were separate sessions for members at the beginner level and for those with more advanced experience. In the afternoon, the negotiating teams met to develop their priorities for negotiating purposes. The entire Friday morning was a simulation of collective bargaining with two mock trustees opposed to each team. Other MTS staff circulated from time to time between the different negotiating sessions.

The use of the simulation mechanism provided an impressive air of realism to the whole learning process.

Another impressive aspect of the seminar was the emphasis on the importance of considering the impact of the acceptance of a clause in a particular collective agreement on teachers’ collective agreements as a whole.

In essence, that emphasis leads to a very important philosophical principle: considering any act as merely one phase in a larger, more inclusive act, undertaking or whole. The acceptance of a particular clause in one collective agreement begins just there, at the local level. Its consequences, however, may well extend far beyond the immediate collective agreement. These potential consequences then can be used to guide acceptance or rejection of the clause in a particular agreement. That is to say, the clause, when set in a larger whole (as a potential chain of consequences), may be modified or rejected because of its impact when considering that larger whole rather than seen in isolation. The means (a particular clause in a particular collective agreement) can then be made congruent with the end when the latter is conceived as an end that includes a larger whole. The implicit philosophical principle contained in the seminar was, then, the unity of the end in the means and the means in the end.

The realization of this principle is through communication, communication and more communication—from the local associations to the MTS and from the MTS to the local associations. In addition, the presence of MTS staff officers during collective bargaining is often (if not always) vital to ensure the realization of this principle.

That principle, however, could well be extended beyond the issue of collective bargaining. Collective bargaining is only a beginning phase in a larger whole, whether that whole includes the administration of the contract, the legal system, the economic structure of society, and so forth. Just as an individual clause in a collective agreement may have a different meaning when viewed from a more global perspective, might collective bargaining itself have a different meaning when viewed from a more global perspective of wider social relations?

Could the principle implied in the collective-bargaining seminar—the unity of ends in the means and the means in the ends–be extended far beyond the issue of collective bargaining?

Fred Harris, substitute teacher

I wrote the following in the WTA newsletter (it is necessary to address more immediate concerns of workers and their organizations as well):

Substitute News

Fred Harris, a substitute teacher, was appointed the chair of the Substitute Committee for the 2007-2008 school year at the executive meeting held at Gimli on June 3-4.

At the general meeting of substitute teachers held in May 2007 (organized by Gerry Thornhill), Diane LaFournaise, another substitute teacher, was elected the representative of the substitute teachers for the WTA Council monthly meetings, to be held at 6:30 (snack at 6:00 p.m.) at 191 Harcourt on the following days:

September 24
October 16
November 14
December 13
January 15
February 12
March 12
April 17
May 12
June 9

Although only substitute reps can vote at WTA Council meetings, all substitute teachers can attend them. They can also attend the substitute committee meetings held at 5:00 p.m. in Room A on the same day as the Council meetings at 191 Harcourt. They can thereby begin to understand where they fit into the WTA and how they may, in the longer term, become a voice within their own organization.
A fall meeting for all substitutes may be held to field their concerns. More information may be forthcoming in the subsequent newsletter, the Sub-finder Express system, email or contact by phone.

Should a substitute teacher have concerns that specifically relate to problems associated with being an employee of the Division, please call Glenda Shepherd, Administrative Assistant of the WTA, at 831-7104.

Fred Harris, substitute teacher

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

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.

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 referred to issues and clauses in the collective agreement that were relevant to substitute teachers as well as to the Substitute Teachers’ Committee.

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).

 

For October 2007 newsletter

In the last letter to the editor, it was pointed out that education unites the end (as an ideal) with the means, and the means with the end (as actual result). The question that needs to be posed is what the implications for such a view of the nature of education are. Human beings are, by nature, more concerned with the ends as final result than with the means required to reach the end. This assertion has its basis in the biological nature of humans as living beings. Unlike inanimate beings, all living beings, as living beings, require to maintain their existence through action on the environment. Their own nature is to seek to maintain themselves as living beings through such action. The end of their action is the maintenance of life, and in that sense human nature, as a part of the living process, is no different.

If human beings naturally focus more on ends than means, then the education process must shift children’s focus to the means required to achieve ends as well as providing conditions for children to learn how to coordinate the ends and means in conjugate relation with each other. The education process should begin with the ends of children, but should end with the children being capable of coordinating ends and means in an increasingly broader and more profound manner. The question that must be asked

In elementary schools, does the learning process begin with the ends of children and gradually shift focus to the means necessary to achieve specific ends? Is the curriculum designed to achieve the harmony between, on the one hand, the nature of children as beings who focus mainly on the ends of activities and the requirements of the subject matter, which are primarily means?

In secondary schools, with a greater focus on specialized studies, have the curriculum designers consciously incorporated into the structure of the curriculum provisions for enabling children, for a time, to consider consciously and willingly the study of specialized studies as ends in themselves? Do children, subsequently, learn to coordinate the learning of the specialized studies (which are refined forms of the experiences of human beings and constitute more generalized means for the achievement of diverse ends) with their own ends?

Can teachers, who are responsible for pedagogical execution, engage in education effectively if the curriculum structure prevents a shift from ends to means and then to their coordination? In other words, are pedagogical methods (such as differentiated instruction) sufficiently powerful to compensate for a curriculum structure that fails to address the necessary connection between means and ends?

Fred Harris, substitute teacher

The following appeared in the Winnipeg Teachers’ Association newsletter to explain how the survey of the substitute teachers was constructed:

Draft Results of Survey Held at General Meeting of Substitute Teachers, October 11 General Meeting and Survey

On October 11 a general meeting of substitute teachers was held to elect representatives to the Council. At the time of elections, there were 33 eligible voters, including myself.

At the meeting, the substitute teachers present were asked to fill out a survey proposed by the Substitute Teachers Committee and approved by the executive; 91 percent of those who could vote did fill out the survey—an excellent response rate.

Structure of the Survey

The survey was divided into four sections, with the fourth section asking whether the substitute teacher is retired or not. I therefore will present the general results in two ways: percentages in terms of those substitute teachers who are not retired for the first three sections and percentages in terms of those who are retired for the final section. I will begin with substitute teachers who are not retired.

First Section of Survey: How Long Substitutes Have Been Substituting

The first section refers to the period of time for substitute teaching. Forty-six percent of substitute teachers are short-term (0-3 years); 19 percent are mid-term (4-9 years); and 35 percent are long-term substitute teachers (10+ years).

This last statistic should give us pause for thought. Substitute teaching may have become a career for one-third of substitute teachers.

It may be said that these statistics are skewed. They undoubtedly are. To overcome such bias, it would be necessary to have a list of all substitute teachers in the WTA, either to survey them all or to survey substitute teachers on a random basis.

Second Section: Priorities of Substitute Teachers and Possible Problems

The second section of the survey looks at possible areas of concern to substitute teachers, and each has a rating of 1 for least important and 10 for most important. In this report, I will focus only on what the substitute teachers considered to be the three most important concerns, with the distribution as follows:

The number one concern of substitute teachers is the lack of a right to apply for posted positions, followed by salary and benefits.

Given that the lack of a right to apply for posted positions is the number one concern of substitute teachers, and given that the policy of the WTA is to uphold the Division’s policy of prohibiting substitute teachers and term teachers from being considered for permanent hire on the grounds that permitting substitute teachers access to job postings would decrease mobility among permanent contract teachers, then there is a potential conflict between the interests of substitute teachers and permanent contract teachers within the WTA. Some may say that such a view that recognizes a possible conflict of interest between two different sets of members is divisive. However, as the philosopher of education, John Dewey, pointed out, it is necessary to make explicit conflicts if we are to solve them. Human beings in this society are commodities, things to be bought and sold. There is competition among workers in such a situation. To the extent that there are a limited number of permanent contract positions relative to the supply of teachers, then there will be competition, and that competition may lead to conflict among workers, unless there is a mechanism that regulates and reduces that competition in some fashion.

If substitute teachers want to have access to job postings, and the WTA policy is to exclude them from such access, is there not a conflict? If there is a conflict, what is to be done about it?

Third Section: Economic Importance of Substitute Teaching for Substitutes

The third and last section refers to the extent to which substitute teaching is economically important to the substitute teachers. Fifty percent of them rely primarily on substitute teaching within the Division for their economic livelihood. Sixty-five percent of the substitute teachers primarily rely on substitute teaching, term teaching or a combination of the two within the WSD. In other words, about two-thirds mainly rely economically on employment with WSD.

Fourth Section: Retired Teachers as Substitute Teachers

For retired teachers, there is no pattern for sections one and three, perhaps due to the very small sample size. For section two, their top priority is benefits, followed by the lack of a right to apply for positions (with the qualification that 50 percent of the retired substitute teachers indicated their solidarity with non-retired substitute teachers and not for themselves).

In addition, I drafted the substitute teachers’ concerns to the Council (a monthly meeting of school representatives and the executive of the WTA):

Draft Report of Fred Harris, Chair, Substitute Teachers’ Committee, to Council, October 16 [2007]

On October 11, last Thursday, a general meeting of substitute teachers was held to elect representatives to this Council. At the time of elections, there were 33 eligible voters, including myself. Dave provided an overview of how Council works before the elections. Two people were elected to Council, Linda Kirkwood and Fred Standil. After the elections, Dave addressed some of the possible concerns that I had raised, and Henry followed by some of my other concerns. The question period that followed was very lively, especially around the issue of why the Division has implemented a policy of forcing substitute teachers to provide a reason why they are refusing jobs and stopping the computer system from calling them after three or four refusals.

At the meeting, the substitute teachers present were asked to fill out a survey proposed by the Substitute Teachers Committee and approved by the executive; 91 percent of those who could vote did fill out the survey.

I will divide my report of the survey in two: firstly, I will provide an overview of the results of the survey using descriptive statistics, not inferential statistics. Inferential statistics might be useful, but the sample size may be too small. Secondly, I will comment on the number of substitute teachers who attended.

The survey was divided into four sections, with the fourth section asking whether the substitute teacher is retired or not. I therefore will present the general results in two ways: those substitute teachers who are not retired and those who are retired. I will begin with substitute teachers who are not retired.

The first section refers to the period of time for substitute teaching. The percentage of non-retired substitute teachers who have substituted without a permanent contract for 0 to 3 years is 43 percent, for 4-6 years, 17 percent, for 7-9 years, 3 percent, for 10-12 years, 17 percent and 13 years or more, 17 percent. We can streamline this a bit by providing three categories: 43 percent of substitute teachers are short-term (0-3 years); 20 percent are mid-term (4-9 years); and 34 percent are long-term substitute teachers (10+ years).

This last statistic should give us pause for thought. Substitute teaching may have become a career for one-third of substitute teachers.

It may be said that these statistics are skewed. They undoubtedly are. To overcome such bias, it would be necessary to have a list of all substitute teachers in the WTA, either to survey them all or to survey substitute teachers on a random basis, with a smaller sample size than the total number of substitute teachers but with a larger sample size than the 30 responses that we obtained.

The second section of the survey looks at possible areas of concern to substitute teachers, and each has a rating of 1 for least important and 10 for most important. In this report, I will focus only on what the substitute teachers considered to be the most important concerns in five cases, with the distribution as follows:

The number one concern of substitute teachers is the lack of a right to apply for posted positions, followed by salary and benefits, and two further priorities: firstly, cancellation of a position when arriving at school and, secondly, the extent to which there is a lack of information, clarity or support concerning disciplinary procedures within schools for disruptive student behaviour.

Given that the lack of a right to apply for posted positions is the number one concern of substitute teachers, and given that the policy of the WTA is to uphold the Division’s policy of prohibiting substitute teachers and term teachers from being considered for permanent hire on the grounds that permitting substitute teachers access to job postings would decrease mobility among permanent contract teachers, then there is a potential conflict between the interests of substitute teachers and permanent contract teachers within the WTA. Some may say that such a view that recognizes a possible conflict of interest between two different sets of members is divisive. However, as the philosopher of education, John Dewey, pointed out, it is necessary to make explicit conflicts if we are to solve them. Human beings in this society are commodities, things to be bought and sold. There is competition among workers in such a situation. To the extent that there are a limited number of permanent contract positions relative to the supply of teachers, then there will be competition, and that competition may lead to conflict among workers, unless there is a mechanism that regulates and reduces that competition in some fashion.

If substitute teachers want to have access to job postings, and the WTA policy is to exclude them from such access, is there not a conflict? If there is a conflict, what is to be done about it?

The third and last section, which refers to the extent to which substitute teaching is economically important to the substitute teachers, presented a few problems. My intent was to have the substitute teachers check off one, and only one, choice. Six of the replies contain more than one check mark. Rather than excluding them, I have attempted to categorize them into only one of the categories, according to my interpretation of the intent of their answer.

Sixty-five percent of the substitute teachers primarily rely on substitute teaching, term teaching or a combination of the two within the WSD. In other words, about two-thirds mainly rely economically on employment with WSD. Furthermore, fifty percent of them rely primarily on substitute teaching for their economic livelihood.

For retired teachers, there is no pattern for sections one and three, perhaps due to the very small sample size. For section two, their top priority is benefits, followed by the lack of a right to apply for positions (with the qualification that 50 percent of the retired substitute teachers indicated their solidarity with non-retired substitute teachers and not for themselves) and, finally, the extent to which there is a lack of information, clarity or support concerning disciplinary procedures within schools for disruptive student behaviour

Turning now to the number of substitute teachers who attended the meeting, as I said, there were 33 eligible voters, but this number is about five percent of the substitute teachers on the substitute list in the Division.

One undoubted factor in limiting the number of substitute teachers who attended was a lack of a list of substitute teachers. Last year, however, at about this time, about 80 substitute teachers attended the general meeting. A drop of about 100 percent in the attendance of substitute teachers cannot be explained by a lack of a list of substitute teachers since there was no list available to the Substitute Teachers’ Committee last year either. Furthermore, in other organizations—such as unions—where there exists a current list of all members, attendance at union meetings frequently is only 10 percent of the number of members.

It may be said that the substitute teachers—or other union members—freely chose to not attend. They individually chose to not attend. Ultimately, it is an individual decision, for it is not an abstraction called an organization or society that decides, but a group of individuals.

I use the word “ultimately,” however. It is individuals who decide, but their decision ought to be made on the basis of an informed understanding of their situation.

My hypothesis of why many substitute teachers would not attend even if they knew about the gen4eral meeting is that they see little point in it: it does not, from their point of view, contribute to their control over their own lives. They lack hope in changing their lives.

Let me explain by way of illustration. I am writing my doctoral dissertation on a comparison of John Dewey’s philosophy of education and Paulo Freire’s philosophy of education. Freire was a Brazilian educator of adults, and he wrote, among works, Pedagogy of the Oppressed and A Pedagogy of Hope. In those works, he noted how adults would blame themselves for their poverty, including the literal starvation to death of their children, rather than the extreme concentration of the ownership of land, machinery, buildings and so forth among around two percent of the population.

Freire too argues that, ultimately, it is individuals who decide, but decisions that exclude a consideration of the social and economic context within which the individuals live are not free decisions. The educational task, for Freire, is to have people understand their own social situation so that they can make informed decisions. In other words, education is to develop their own capacities to be self-determining human beings.

Relating this now to a lack of turnout among substitute teachers, it is a defeatist attitude to use the lack of participation by adults in an organization as an excuse to do nothing about such a lack of participation. The reality is indeed that there is a lack of participation by substitute teachers in this organization. But present reality has two sides to it: the actualization of the potentialities of the past, and the potentialities of the present which may actualized in the future. To restrict reality to merely the actualization of past potentialities limits what human beings can do and limits the educational task. To expand reality to include the potentialities of the present opens up what Freire called the untested feasibility, or a pedagogy of hope.

If the reality which we experience does not accord with what we would like, then we need to look at the potentialities of that reality to see whether we can change reality by actualizing other potentialities and by eliminating those aspects of reality which cause us problems.

I suspect—and it is only an hypothesis—but an hypothesis based on my conversations with a number of substitute teachers and others over the years—that one of the main—though by no means the only—reasons why substitute teachers and others do not participate is their lack of hope for any real change to occur as a result of their participation. They see no point in it. They have lost hope of gaining control over their own lives.

To change that situation, as a start, I would strongly urge all Council representatives here present to ensure that substitute teachers have access, on a monthly basis, to the WTA newsletter as far as possible, whether via mailbox, posting on the bulletin board in the staff lounge or by some other method. It is my understanding that an extra copy of the newsletter is provided to each Council representative, so what I am requesting is feasible. Admittedly, this is a small step, but any change requires initial steps. The newsletter could become a more important means by which to enlist the participation of substitute teachers—and indeed permanent contract teachers—in this Association.

Apparently, there was some controversy whether the above report was going to be censored or not (I did not remember this when I searched for my work as the chair of the Substitute Teachers’ Committee of the WTA):

There may be several aspects of the article to which the Public Relations Committee and this executive find objectionable. I will try to address what I think might raise concerns.

I will justify the article in my own way and not on conventional grounds. I would like to hear others’ grounds for objecting to the article.

At the general meeting of substitute teachers, on October 11, what I heard gave me the distinct impression that the WTA supports the WSD policy of excluding substitute teachers from the right to apply for the blue sheets because such exclusion enables permanent contract teachers to have greater mobility within the Division. If that impression is mistaken, then of course my references to such support need to be deleted, starting with “Given…” and ending with “about it.”

If, however, it is the position that the WTA supports the WSD policy, then I will defend my inclusion of the two paragraphs stated above. Before going on, then, it is necessary to ask whether my impression that the WTA supports the WSD policy of limiting those who can apply for the blue sheets to permanent contract teachers is valid. Is it?

Firstly, the issue is one of the importance of conflict. According to Dewey’s philosophy of education, indirectly found in his book (Experience and Nature),1 the life process is, by its very nature, conflictive.

Conflict involves the rhythm of being in balance with the world and falling out of balance (a rhythm which forms a basis for music and various forms of art, incidentally: Art as Experience. The great works of art include various contrasting and clashing elements that are organized to form a harmony or unified structure]. The life process involves dependence on something external to the live being but something which it requires or needs. The live being satisfies its needs, and is in harmony with its environment. But satisfaction is always only temporary because either the living being uses up what it needs or the environmental conditions change. There is then conflict between the living being and its environment.

In the case of human beings, what is unique is that they, unlike non-human animals, can share experiences, or engage in a unified action towards a common end. To share such experiences, they must be able to express their views, which may indeed and indeed probably does involve conflicting views since different individuals have different experiences in life.

Variation of views, and hence conflicting views, should not only be permitted but is necessary if progress is to occur.

This conflict, in the case of humans, enables them to grow or to learn through the incorporation of conflicting elements in a larger whole. Education, then, is a process of learning how to deal with conflicting situations and how to create a wider situation that incorporates the conflicting elements in that larger whole.

If we hide conflicts, we will not be able to grow nor educate ourselves, both as living beings and as human beings.

The form in which the growth or education of human beings best occurs is through the democratic form. That form is a means by which human beings can develop and grow.

This view borrows from the Darwinian theory of evolution, about which Dewey wrote extensively.

Or perhaps reference to the idea that human beings are commodities, things to be bought or sold is inappropriate. Empirically, it can be shown that human beings are indeed commodities in many countries, including Canada. I had my daughter take a picture of the following on a sign just a block from the Museum of Manitoba: “Need Workers? We will deliver them.” Admittedly, this is an extreme example of treating human beings as commodities, but it is only an extreme of a common-day occurrence in our lives: the purchase of human beings on the market for workers.

In Canada, that market began to form around 1826, when the British government ended land grants, obliging Irish immigrants in what was then Upper Canada to sell their skills (or lack of skills) to others to construct the canals. (I have a book in my office, I believe, that refers to that fact). In the United States, a market for workers began to form rapidly near the end of the nineteenth century and the beginning of the twentieth century when the push toward the West ended with no more free land.

The case of Guatemala is instructive in this regard. Before 1954, the democratically elected government of Jacobo Arbenz distributed the unused land of the United Fruit Company to about 500,000 Guatemalan families. The CIA helped overthrow his government and install a military dictatorship. The best land was returned to the wealthy landowners, and the Guatemalan peasants had to eek out a living on small land plots in the unfertile lands of the mountainous regions. Having insufficient land to maintain their families, they had to migrate to the coastal plantations of the wealthy landowners to produce bananas, coffee, beef and other export commodities. In the 1970s, however, the Guatemalan peasants, who were largely Aboriginals, began to organize against the wealthy landowners. They objected to being treated as commodities and wanted sufficient land to maintain their families. The Guatemalan military, with the help of the American government, responded by systematically terrorizing and killing tens of thousands of Guatemalans and creating more than a million internal and external refugees.

This situation is interesting since it indicates that when human beings do object to being treated as commodities, the government will often be used to ensure that the market for workers will be maintained.

Once that market is created, of course, as it is in Canada, then the economic dependence of workers on the employers will generally suffice to maintain that relation without resort to physical violence.

It may be objected, however, that even if there is a market for workers, human beings freely enter into contractual relations with employers. However, at the end of the Second World War, about half the working population still were not employees. Many owned farms or had their own business. Today only 10 to 20 percent of those who work are not employees. Did anyone freely choose to become employees? Or did it just work out that way in the development of the economy?

Now, as I indicated in an article that was published by this Association, employees are extensions of the will of the employer—they are means to the ends defined by the employers. You may not agree with that proposition, but why not then respond to it in the newsletter by providing an alternative hypothesis?

Coming now to the issue of substitute teachers, Joan once said that she was tired of hearing that substitute teachers are badly treated or something to that effect. She indicated that we are all members of the same organization. That is true. As members of the same organization, we should be treated in the same way. 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. And 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 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.

A further consideration is the issue of formal democracy versus living democracy, or democracy through formal rules, policies and procedures and democracy as a way of life. Dewey provided two criteria for distinguishing between formal and living democracy in his masterpiece Democracy and Education: “How numerous and varied are the interests which are consciously shared? How full and free is the interplay with other forms of association?” The first criterion indicates that there should be many interests which tie the lives of individuals together and not just one. It also means that there are varied interests which, despite being varied, are integrated into the organization. It is difficult to see how consciously shared interests can occur if apparently conflicting interests cannot even be recognized. The basic condition for the harmony of conflicting interests to arise is recognition that a problem in fact exists. Indeed, Dewey, in his masterful Logic: The Theory of Inquiry, argues exactly that: that recognition that a problem exists is the first step in resolving the problem.

Without such recognition, no adequate solutions can arise. It is also hard to see how the second criterion can be fulfilled if we restrict the identification and solution to problems to standing committees, the executive and even to the Council. These are organizational bodies that are formal means to the end of living democracy, which is the active participation of all members, as far as possible, in this organization. Indeed, Dewey’s Logic: The Theory of Inquiry, implicitly contains a criticism of formal democracy by criticizing formal logic, which assumes that logical rules, procedures and policies emerge independently of the process of inquiry. Similarly, he criticizes formal democracy, which merely emphasizes procedural rules without recognizing that such rules are means to an end and not ends in themselves. Furthermore, such rules are rules of a process and not independent of that process. They emerge as regulative conditions of the process so that the process can function smoothly. Such rules and the organizational forms that emerge to enforce them do not have—or should not have—any substantive independence. They are functions of a process and not substitutes for it.

1 It is an excellent but difficult book.

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