A Worker’s Resistance to the Capitalist Government or State and Its Representatives, Part Two

This is a continuation of a previous post that illustrates how politically biased the capitalist government or state and its representatives (such as social-democratic social workers) are when it comes to determining real situations–especially when a person self-declares as a Marxist.

Just a recap of part of the last post: I filed a complaint with the Manitoba Institute of Registered Workers against a social worker who had written a court-ordered assessment concerning my wife at the time, myself and my daughter, Francesca Alexandra Romani (ne Harris). I am using the initials S.W. for the social worker. Mr. S.W., claimed that my claim that the mother of my daughter was using a belt and a wooden stick to physically abuse her, was “somewhat ridiculous.” Mr. S.W. was much less concerned about determining the truth of this claim (which is in fact true) than with my so-called indoctrination of my daughter in my “Marxist ideology.”

Since the civil trial in April 1999, my daughter complained of the following  (as of February 18, 2000): 1. Her mother was using a wooden stick on her buttocks; 2. Her mother used a belt to spank her on the same area; 3. Her mother grabbed Francesca and forced her into the apartment building; 4. Her mother had grabbed Francesca’s throat in the elevator and warned her not to tell me that her mother had hit her; 5. Her mother shoved Francesca to the floor on two separate occasions; 6. Her mother hit Francesca on the head with a book; 7. Her mother pulled Francesca’s hair; 8. Her mother scratched Francesca with a comb.

It should not be forgotten that these incidents occurred since the trial in April, 1999. There were, of course, several other incidents of physical abuse by the mother before that.

This contrasts with Mr. S.W.’s allegation, as noted in the last post, that ” Mr. Harris’ explanation for contacting the Agency [Winnipeg Child and Family Services] was somewhat ridiculous. He said that the child had made some vague indications that she may have been spanked.”

The extent of Mr. S.W.’s political bigotry can be seen  in his absurd characterization of my genuine (and true) complaints about Francesca’s mother’s physical abuse of Francesca.

It is interesting to note that in a “$2 million lawsuit brought against the Catholic Children’s Aid Society of Toronto for allegedly conducting a negligent investigation and placing her in an abusive home,” (/Toronto Star, August 24, 2019, A1), the issue is, at least on paper (not necessarily in reality), “to promote the best interests, protection and well-being of children” (A12). To determine the best interests of children cannot be determined independently of determining the truth.

Mr. S.W. was much less concerned about the truthfulness of Mr. Harris’ claim (which is true) than with Mr. Harris’ Marxists ideas.

The political hostility expressed in the assessment is similar to what I have experienced by many social-democratic leftists here in Toronto. This did surprise me at the time, but it no longer does. I have been called a “condescending prick” (by Wayne Dealy, union rep for local 3902 of the Canadian Union of Public Employees (CUPE)–one of the largest unions in Canada. I have been called delusional on Facebook by one of the Facebook friends of another local union rep, Tina Faibish (president of local 552 of the Ontario Public Service Employees Union (OPSEU). I was also called insane by Errol Young (a member of the anti-poverty organization Jane and Finch Association Against Poverty) (JFAAP). I have also experienced a condescending attitude towards my criticisms among the left here.

For those who do attempt to engage in criticism of the power of employers as a class, you can expect such hostility. That hostility may even extend to your family, even if it is indirect and subtle.

 

Indeed, according to Mr. S.W.:

Page 22 of the assessment: “As noted earlier, Mr. Harris tends to intellectualize and rationalize his own personal problems (within a rigid framework of Marxist ideology), and tends to see them as the inevitable result of living in a so-called bourgeois milieu.”

Mr. Harris is just “intellectualizing” now. All his criticisms need not be taken seriously because he “intellectualizes” his problems. Since Mr. S.W. has no idea what Mr. Harris’ Marxist ideas are, his conclusion is “ridiculous.” Since Mr. S.W. failed to determine the true state of affairs, it would seem that he concocted an “assessment” in order to whitewash Mr. Harris.

Page 9 of the assessment: “Mr. Harris states that he soon began having ‘political problems’ in his workplace. He became embroiled in many disputes with management about working conditions.”

It is interesting to note that Mr. S.W. neglected to point out that Mr. Harris was a union steward (an official representative of a union; a steward’s duty is to “become embroiled in many disputes with management about working conditions.” Mr. S.W., by neglecting to mention this fact, presents Mr. Harris’ “political problems” as purely personal. Why the suppression of this fact?

In addition, Mr. Harris became embroiled in “political problems” by writing articles in the union newsletter, specifically articles on the history of management. Management did not like that. Moreover, Mr. Harris became embroiled in “political problems” by becoming involved in the collective-bargaining process–a process which took over one year. Mr. Harris had to be away from his regular duties as an employee to fulfill this function. His supervisor resented it and harassed him because of it. In addition, Mr. Harris became embroiled in “political problems” by posting articles of interest to union members on the school division bulletin board in the central office.

Page 9: “Mr. Harris subsequently became embroiled in a conflict with his employer over his not being allowed bereavement leave (for the death of his unborn child). Mr. Harris could not resolve this dispute so he quit his employment.”

Two points here: Firstly, Mr. S.W., as his wont, is quite mistaken. Mr. Harris had the legal right to bereavement leave according to the collective agreement (document 22, page 16, clause 15.01). (Note that Mr. Harris is signatory to that document at the end of the document. Mr. Harris was quite familiar with the collective agreement as a member of the negotiating team and as a steward for the board office. He handled several grievances. See document 23.) Mr. Harris exercised that right by filling out a bereavement form, indicating the reason for the request. However, Mr. Harris’ mother-in-law called him from Guatemala the same evening, requesting that Mr. Harris not fly down to Guatemala because Ms. Harris would be returning to Canada within three weeks. The next day, Mr. Harris found out that his supervisor–against whom he as a union steward had filed a union (policy) grievance in December 1991 for breaching the seniority provisions of the collective agreement–had indicated not only that Mr. Harris was going to Guatemala but why. This was a violation of Mr. Harris’ personal life. Mr. Harris did not request that. It was the representative of Mr. Harris’ employer who did this. She specifically stated that the bereavement form was a public document.

Secondly, Mr. S.W. implicitly presents the responsibility for the “dispute” as stemming from Mr. Harris’ own actions. Mr. Harris believes that he told Mr. S.W. (although he cannot be sure) that his supervisor had been harassing him for his Marxist activities. Indeed, in June 1992, Mr. Harris’ immediate supervisor tried to start an argument with him, criticizing his union and his function as a union steward. Mr. Harris tried to avoid arguing since he had a responsibility toward his wife, but his supervisor insisted. Mr. S.W. could never accept the fact, it would seem, that the capitalist system, with its hierarchy of managers, could ever cause any problems. Any individual who complains about the constant abuse of power by managers is apparently to be blamed for “not being able to resolve the dispute.”

According to certain social theories, disputes which are social in nature cannot be resolved by individuals. Mr. S.W.’s methodology is obviously atomistic. All problems can be resolved by individuals at the individual level. Even if it were so, Mr. S.W. would have to explain why Mr. Harris was the one who could not resolve the problem. Of course, Mr. S.W. either did not understand what the problem was, or he suppressed the true nature of the problem to fit his preconceived notion of this “evil” Marxist.

By the way, there were two other library technicians in the school division working at the board office when Mr. Harris started. Both of them quit because of conflicts with the same supervisor. Furthermore, a library clerk was crying because her supervisor (again, the same supervisor as that of Mr. Harris and the two library technicians) had ordered her not to talk in order to meet a “quota” of inputting a certain number of library cards into the computer every day. Such a pleasant atmosphere in which to work. It was only Mr. Harris, the evil Marxist, who could not “resolve” the dispute. The employer’s responsibility in the creation of the dispute in the first place is not even considered.

But then again, Mr. S.W. did not even understand the nature of the dispute–it had nothing to do with Mr. Harris not being allowed to go on bereavement leave. Indeed, Mr. S.W., by presenting it this way, makes it appear that Mr. Harris did not have a  legal right to bereavement leave, and that Mr. Harris still persisted trying to “resolve” this dispute in his favour. It is as if Mr. Harris, since he did not get his way of obtaining bereavement leave, quite childishly “quit his employment.”

See some of Mr. Harris’ articles in the union newsletter (appended to a Marxist essay written for a course in Mr. Harris’ masters’ program. The title of the essay is “A Critical Look at Dewey’s Laboratory School” (document 24). See also in the same document some quotes which Mr. Harris posted to the school division bulletin board at the division office where he worked. Management did not appreciate Mr. Harris’ criticisms, of course.)

A lesson to be learned when dealing with social workers, the courts, the police and other representatives of the social system:

  1. Expect the interests of children to be less important than political oppression of Marxists.
  2. Unless Marxists record everything, expect them to either be incapable of understanding the situation which you face, or expect them to distort it, or even to lie. (And even if you record it, they will try to interpret the situation in such a way that tries to show Marxists to be irrational.)
  3.  Expect the social-democratic left, liberals and conservatives to blame Marxists for everything and to deny blame to those who are not Marxists.
  4. Expect their implicit assumption of the rationality of the social system to paint your political efforts as irrational.
  5. Do not expect that your efforts at telling the truth will prevail over lies by others since the representatives of the class of employers will assume that the lies of others are the truth and your telling the truth is a lie.

Perhaps there are other lessons to be learned. If so, please indicate what other lessons can be learned from this.

 

 

 

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

A Worker’s Resistance to the Capitalist Government or State and its Representatives, Part One

The following may not seem appropriate since it is supposed to be a political blog. However, the personal is sometimes political, and the political is sometimes personal. Political lessons can sometimes, therefore, be drawn from personal experiences. It will also serve as an antidote against the illusions of the social-democratic left, who isolate the various forms of injustices and treat them as independent of each other–a typical methodological trick by the social-democratic left.

Indeed, when I was still a teacher at a school, one union rep implied that certain experiences that I outlined had more to do with purely domestic conflicts. Such an isolation of family relations forms part of the typical methodology of social democracy.

For that reason, I am also including a published essay on Dewey’s conception of language and the human life process on my blog, in the section Publications and Writings. It undoubtedly is limited in many ways and may indeed contain errors, but the idea that the human life process as integrating many elements and hence as comprehensive is relevant for understanding the world.

I will copy, little by little, be, a complaint that I filed against a social worker, Mr. S.W., of Winnipeg, Manitoba, Canada. There was a court-ordered assessment to be performed concerning the relationship between the parents and Francesca Alexandra Harris, their daughter, in the summer of 1998.

I am not including the name of the social worker since it is possible that he would try to take me to court; despite the documentation that I possess against a report he wrote, it is quite possible that a judge would side with him due to joint political bigotry. I am replacing his name with Mr. S.W. (appropriate given the social-reformist nature of most social workers as well as how the Manitoba Institute of Registered Social Workers handled the complaint). The complaint has to do with my daughter, Francesca Alexandra Romani (ne Harris).

I will first provide the first couple of pages of the complaint, which stimulated me to write the complaint, in order to provide the context of what follows. I then may not follow the order of the complaint since I may want to bring out earlier the more directly political aspect of my experience.

The political hostility expressed in the assessment is similar to what I have experienced by many social-democratic leftists here in Toronto. This did surprise me at the time, but it no longer does. I have been called a “condescending prick” (by Wayne Dealy, union rep for local 3902 of the Canadian Union of Public Employees (CUPE)–one of the largest unions in Canada. I have been called delusional on Facebook by one of the Facebook friends of another local union rep, Tina Faibish (president of local 552 of the Ontario Public Service Employees Union (OPSEU). I was also called insane by Errol Young (a member of the anti-poverty organization Jane and Finch Association Against Poverty) (JFAAP). I have also experienced a condescending attitude towards my criticisms among the left here.

For those who do attempt to engage in criticism of the power of employers as a class, you can expect such hostility. That hostility may even extend to your family, even if it is indirect and subtle.

From the complaint (February 18, 2000):

This is a belated complaint against Mr. S.W., registered social worker. It has been more than a year since the initial  court-ordered assessment (document 1) done by Mr. S.W. was completed and provided the court and counsel for Mr. Harris and, Mr. Harris presumes, his ex-wife, Ms. Harris.

What prompts Mr. Harris now to make the complaint is the following: in July of this year his daughter, Francesca Alexandra Harris, complained to him that her mother was using a wooden thing (“paleta” in Spanish) to her on the buttocks. She also complained that her mother used a belt to spank her on the same area.

Mr. Harris confronted Ms. Harris with the allegation when he dropped her of on a Sunday in July. Ms. Harris threatened to call the police (she and Mr. Harris have mutual non-molestation orders against each other). Mr. Harris told his daughter that he would call Child and Family Services and that hopefully someone would put a stop to such forms of punishment. Ms. Harris grabbed his daughter and practically forced her into the apartment block.

The next day Mr. Harris called Child and Family Services; they told Mr. Harris that they would contact Ms. Harris. The following two weeks (Mr. Harris sees his daughter every Wednesday and every alternate weekend) he picked up his daughter on Saturday as usual. His daughter, on Sunday, told him that her mother had grabbed her throat in the elevator the day that Mr. Harris had confronted her mother; the latter told her daughter never to tell Mr. Harris that she had hit her. Ms. Harris’ daughter said that she had cried and that her throat had hurt her.

Mr. Harris informed Child and Family Services once again. In the meantime, when Mr. Harris was talking to his daughter after this, Francesca asked him if he wanted to talk to Ulises (Ulises is Ms. Harris’ boyfriend). Francesca later told Mr. Harris that her mother had shoved her to the floor and told her never to ask that question again. Moreover, his daughter also informed him that her mother had hit her on the head with a book.

Eventually, a social worker, Arla Inglis, interviewed Mr. Harris’ daughter in September at her school. As Mr. Harris understands it, there was no “official” physical abuse in the sense that there were no physical marks. However, there was some apparently verbal confirmation of Mr. Harris’ allegations by Francesca. What exactly Francesca said Mr. Harris does not know, but he did speak to Mr. Orobko, Ms. Inglis’ supervisor, and he led Mr. Harris to understand that although there had been no physical abuse in terms of leaving marks there was nevertheless inappropriate discipline, and Francesca’s mother was advised to desist from punishing Mr. Harris’ daughter in an inappropriate manner.

Since that time, Francesca has told Mr. Harris that her mother had pulled her hair for having dropped some eggs. The weekend of October 9 and 10, when Francesca stayed with Mr. Harris, she told Mr. Harris that her mother once again used a “paleta” (a wooden thing) as well as a belt. On November 6, Francesca told her father that her mother had intentionally scratched her with a comb. There were a few scratch marks just above Francesca’s knee (nothing serious, but the issue was the intent to harm using an implement). Mr. Harris took Francesca to the doctor to verify this after having called Child and Family Services once again because Jacki Davidson, with whom Mr. Harris had been in contact before, in a rather hostile fashion told him that he would have to have physical proof of the allegation. (Arla Inglis more graciously later on told Mr. Harris that he should have taken Francesca to the Child Protection Centre.)

These incidents have led Mr. Harris to open up the question of S.W.’s assessment. Mr. Harris mentioned to Child and Family Services that he had gone to trial, that there had been an assessment, and that Mr. Harris had a copy of the assessment and of the judge’s decision. When requested to provide both, Mr. Harris found himself in the awkward position of not willing to provide the assessment while still wanting to provide the judge’s decision. The reasons will become clear as this complaint proceeds. The social worker accused Mr. Harris, justifiably from her point of view, of wanting to provide a one-sided view of the matter by suppressing relevant documents. Mr. Harris had nothing with which to rebut her objections.

Mr. Harris has spent months compiling this complaint. He finds Mr. S.W’s assessment to be a result of political bigotry because Mr. Harris is a Marxist. Mr. S.W. has done both Mr. Harris and Francesca Harris a disservice. It should be clear that ty the end of this complaint that not only did Mr. S.W let his political prejudices sway his judgement against Mr. Harris but also against Francesca. Francesca is now suffering as a consequence of political persecution perpetrated by Mr. S.W.. She is a victim of his own anti-Marxist proclivities.

The order of the criticism will not be according to Mr. S.W.’s presentation. It has been difficult to provide a complaint because of the large number of lies, distortions, inaccuracies and suppression of relevant facts. The organization will be somewhat logical, but there are many issues that are interrelated.