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

 

 

Academic Narrow-mindedness: A Reason for Starting a Blog, Part Two

Introduction

This is a continuation of a previous post. In a previous post, I criticized the first reviewer’s assessment of an article I had written on collective bargaining and the situation of teachers in Nova Scotia.

Before I started this blog, I had sent an article critical of the implied concept of “free collective bargaining.” The article was rejected for publication. Given that the reasons for rejecting the article seemed absurd, I decided to skip the academic process and post directly my views. This seemed all the more necessary since the journal that rejected my article is called Critical Education.

Since I believe in the politics of exposure (exposing the real nature of social processes and not the rhetoric of such processes), I thought it would be appropriate to post my proposed article, the criticisms of my article by the reviewers and my commentary on their criticisms.

The proposed article is found in the Publications and Writings link on my blog, entitled “Critique of Collective Bargaining Models in Canada.” (There is a slight difference between the article submitted to Critical Education and the one found at the link: the article submitted to Critical Education contains an abstract, which I include below, and the title of the proposed article was changed to: “A Critique of an Implicit Model of Collective Bargaining: The Nova Scotia Teachers’ Strike and a Fair Contract.” 

My Abstract or Summary of My Article

Abstract

This paper looks at Brian Forbes’ presentation of the recent Nova Scotia teachers’ strike in order to analyze critically the nature of collective bargaining in a capitalist context. Forbes shows the underhanded nature of the McNeil government’s supposed negotiations, but he implies (like many trade unionists) that collective bargaining, in its normal form, results in a fair contract. The paper argues against this view. It does so in two ways. Firstly, it looks at Jane McAlevey’s alternative method of collective bargaining. Secondly, it looks at the limitations of her method in terms of the capitalist economic structure—especially as am exploitative and oppressive structure that transforms workers into means for others’ ends. A humanist view, by contrast, requires that human beings need to be treated as ends in themselves in a democratic fashion at work. Such a view, however, is rarely discussed precisely because the rhetoric of a fair (collective) contract in the context of the collective power of employers prevents such discussion from occurring.

Key words: teachers, collective bargaining, capitalism, exploitation, oppression, strikes, justice, fairness, Nova Scotia, Jane McAlevey

The decision to reject the article as is, as well as the second review are given below along with my comments on the second review. I put the reviewer’s evaluation in quotation marks:

We have reached a decision regarding your submission to Critical Education, “A Critique of an implicit model of collective bargaining: The Nova Scotia teachers’ strike and a fair contract”. Our decision is to: Decline submission.

Three external reviewers supplied reports (see below); I have also attached the file with the marginal comments of Reviewer C.

All three reviewers see potential in the manuscript and each recommends major revisions are necessary before the manuscript is ready for publication. The comments are the reviewers are quite detailed, but in short I believe it’s fair to say they all agreed that further theorizing and deepened/more sustained analysis of events are necessary.

I hope you find the feedback from the readers helpful as continue to work on this project.

Yours truly,

E Wayne Ross
Co-Editor, Critical Education
University of British Columbia
wayne.ross@ubc.ca

Reviewer B’s Assessment and My Comments

Reviewer B:

“This manuscript makes a convincing argument that there is no such thing as a good contract because in a capitalist economy, some portion of workers’ labor will, inevitably, be appropriated by capitalists.”

That is hardly what is argued in my article. The author is probably thinking of Marx’s theory of surplus value, in a capitalist economy, where the value produced by workers is greater than the value that they receive—necessarily–if the capitalist economy is to continue to exist.

How this reviewer concludes that I make a “convincing argument” of the inadequacy of a contract due to “some portion of workers’ labor will inevitably be appropriated by capitalists” is beyond me. I explicitly wrote: ‘Of course, the purpose of the whole process is to obtain more money at the end of the process than at the beginning. The whole process would have no purpose if the money that the capitalist receives at the end of the process were the same quantity as at the beginning of the process; the capitalist system would not last very long. The continued existence of the capitalist system, then, requires that the money at the end of the process, generally, be greater than at the beginning. Where the surplus money comes from does not concern us in this essay, though.’

I did not want to discuss Marx’s theory of surplus value as such since that theory, though very important in understanding the dynamics of capitalist production, exchange and accumulation, is not the only basis for criticizing the employer-employee relation. Employees of the government (state workers) do not produce a surplus value—but they are still used as means for purposes foreign to them (see The Money Circuit of Capital). This is anti-democratic and in fact dictatorial. It treats human beings as mere things who have no or little say in the determination of the purposes of their action as employees.

The point of the presentation of the money circuit of capital is to show that human beings are means to purposes external to them in order to criticize such use in the first place. It is implicitly a criticism of such union attitudes as expressed by John Urkevich, union rep for the Association of Employees Supporting Education Services (AESES) (see Comments from John Urkevich, AESES-UM Business Agent, to my Critique of the Grievance and Arbitration Procedure: Letter to the Editor, Inside The Association of Employees Supporting Educational Services (AESES), Vol. 17, No. 4, May 1994)–a public sector union. According to Mr. Urkevich: “After all the employer only has control over the how, what, and when, it does not have the right to treat employees in an unjust or undignified manner. Employees are not chattel.” See my criticism of such a view in ( Critique of the Grievance and Arbitration Procedure: Letter to the Editor, Inside The Association of Employees Supporting Educational Services (AESES), Vol. 17, No. 4, May 1994).

The reviewer obviously missed the point of presenting the money circuit of capital and imposed his/her own assumed view of Marxian theory onto the money circuit.

“That said, issues in the manuscript start with the title: labor relations in Nova Scotia are a pretext for the text rather than its subject, and the critique is not of an implicit model of collective bargaining but of collective bargaining itself.”

True and false. It is a critique of Brian Forbes’ implicit model of collective bargaining—which is the typical model of union reps (whether explicit or implicit). A critique of such an implicit model is simultaneously a critique of the typical model. Apparently, it is too much to expect academics to understand this.

Consequently, the first clause “labor relations in Nova Scotia are a pretext for the text rather than its subject” is true, but the next clause “and the critique is not of an implicit model of collective bargaining but of collective bargaining itself” is false since the implicit model is Brian Forbes’ model, which provides an exemplar for collective bargaining itself. Variations in collective bargaining, such as Jane McAlevey’s model, although innovative in some respects, still fall within the limits of the same collective-bargaining model since her model idealizes collective agreements as well. Furthermore, her wholly inadequate solution to the problem of agency and social structure by identifying the two at the micro level of the plant level or the specific institution level leads her to idealize such contracts rather than criticizing them as completely inadequate expressions of the interests of workers (even if it is the best that can be achieved under given power relations).

“Although the title is a minor problem, it returns in the abstract., which opens with a critique of the Nova Scotia contract rather than what it is a case  and then announces something like a review of McAlevey.  At a minimum, a clearer sense of, and focus on, what the manuscript is about–the limits of even more democratic forms of collective bargaining, with much of the evidence from the author’s own experience- needs to be clear throughout.”

Let us take a look at my abstract. It reads:

‘This paper looks at Brian Forbes’ presentation of the recent Nova Scotia teachers’ strike in order to analyze critically the nature of collective bargaining in a capitalist context. Forbes shows the underhanded nature of the McNeil government’s supposed negotiations, but he implies (like many trade unionists) that collective bargaining, in its normal form, results in a fair contract. The paper argues against this view. It does so in two ways. Firstly, it looks at Jane McAlevey’s alternative method of collective bargaining. Secondly, it looks at the limitations of her method in terms of the capitalist economic structure—especially as am exploitative and oppressive structure that transforms workers into means for others’ ends. A humanist view, by contrast, requires that human beings need to be treated as ends in themselves in a democratic fashion at work. Such a view, however, is rarely discussed precisely because the rhetoric of a fair (collective) contract in the context of the collective power of employers prevents such discussion from occurring.’

The structure of my proposed article is:

Introduction (not an explicit section with that title, but it is implied)

The Resistance of Teachers to the High-handed Methods of the McNeil Government and of the Provincial Executive

Jane McAlevey’s Alternative Approach to Collective Bargaining

The Limitations of McAlevey’s Approach to Collective Bargaining

Practical Considerations

Theoretical Considerations: Limited Standards of Fairness versus Human Standards of Fairness

Conclusion

I organized the presentation in an ascending order of forms of collective bargaining, from the least positive form of collective bargaining (the McNeil Government’s underhanded method of collective bargaining) to more adequate forms of collective bargaining (Brian Forbes’ implicit model, which is the typical model), to Jane McAlevey’s innovative model, in order to show, on the one hand, that there are indeed better and worse ways of engaging in collective bargaining from the point of view of the working class—but that collective bargaining even in the form of McAlevey’s model is wholly inadequate. The inadequacy of even McAlevey’s approach to collective bargaining is broken up into practical limitations and theoretical considerations. The practical considerations involved a comparison of a collective agreement under which I worked as a brewery worker in the early 1980s with the idealized collective agreement that Ms. McAlevey negotiated. Her persistent reference to the collective agreement as a “good contract” is typical of social-reformist leftists, and this is the implicit target of the article. The idealization of unions and collective bargaining needs to be criticized, and this reviewer generally fails to understand that.

As for my personal experiences—I intersperse them throughout the article as occasion and relevance arises. The underhanded way in which the McNeil Nova Scotia (located in Canada) government tried to subvert the traditional collective-bargaining process was similar to Winnipeg’s (Manitoba, Canada) mayor Susan Thompson attempt to subvert the traditional collective-bargaining process. My reference to Paul Moist, one time head of the Canadian Union of Public Employees union outside workers in Winnipeg (and, eventually, the national head of that union—one of the largest unions in Canada) d his use of the cliché “A contract is a contract” is meant to highlight how union reps assume that the basis for relations between humans must be in the form of a contract.

It never ceases to amaze me how little thought is given by academics (and others) about the legitimacy of the employer-employee relation. I have found, personally, that unions are necessary but by no means sufficient for expressing my own interests. I have belonged to several unions in my life, and all of them have assumed the legitimacy of that relation in one way or another. That academics fail, theoretically or practically (or both) to seek to go beyond such relations by creating all kinds of subterfuges should no longer be surprising, however. Most lack any burning desire to have exploitation really stop. They may pay lip-service to the abolition of exploitation, but their own practices (and often their own writings) belie such lip-service.

Is there really any wonder why I stopped trying to write for so-called peer-reviewed journals and started this blog? Often, for an article to be accepted it is necessary to alter substantially the content of an article to accord with the demands of the academic reviewers. There is no point in trying to please such reviewers—to do so is not in the interests of the working class. Quite to the contrary. Reviewers are unlikely to be concerned with such interests and thus to fail to understand the point of an article that addresses such needs. It is in the interests of the working class to oppose being used as means for the employers’ ends, but unions have no intention of pursuing such opposition. The limitations of collective bargaining and collective agreements express the limitations of unions in relation to the working class, but it is highly unlikely that academic reviewers will understand that.

“The manuscript does a nice job analyzing elements of McAlevey’s argument and acknowledging the benefits of a more empowered rank and file, but at crucial junctures the manuscript was not persuasive. The author makes a brief and, in my view, inadequate case for the essential similarity of private and public sector workers. After rightly acknowledges that capitalism sets limits on the contract because pay has to be less than the value of what is produced,”

Again, this is an imposition of the reviewer’s reading on what I wrote. I specifically wrote the following:

‘If we ignore the exchange process, we have the following: M1 … P … M2. Here, it is clearly seen that the production process is a means for obtaining more money. Since workers are part of the production process, they too are means for obtaining more money—even if they are organized collectively and act militantly. Being used as a means so that others can obtain more money is not an expression of a just and moral society, where human beings are agents of their own social structures and relations. Rather, it expresses a society that treats human beings as things to be used for the benefit of others obtaining more money.’

The issue is the context of criticizing McAlevey’s claim that the relation between agency and structure is solved when the whole set of workers is organized—structure then melds into agency and agency into structure. The money circuit of capital shows that this is a wholly inadequate solution to the problem; agency must address the macro level if the workers are going to become agents of their own lives. The issue of whether the “pay has to be less than the value of what is produced” is not addressed at all. More money (M2) than M1 is characteristic of capitalist relations, but then so too is the use of workers as means to obtaining more money. The issue of exploitation is a related but separate issue. If, for example, M1 and M2 were the same, workers would still be used as means—but in this instance the employer would have no incentive to do so.

“the author then treats teachers as deserving unlimited resources.”

What nonsense. This reading illustrates once again the limited nature of academic reviews. Where did I imply that ‘teachers deserve’ “unlimited resources?”

“A much more developed theory and analysis of schooling in of the capitalist state is needed.”

I agree with this assertion. Two points can serve as a response. Firstly, peer-reviewed journals limit necessarily the extent to which authors can elaborate on certain points through a limitation on the number of words that an author can compose. In the case of the journal Critical Education,the limit: “Critical Education typically reviews manuscripts that are between 4,000 and 8,000 words in length.” To enter directly into the question of the “theory and analysis of schooling in the capitalist state” when the issue is the limitations of collective bargaining would be impossible.

Peer reviewers can thus use the impossibility of addressing all relevant issues as an excuse for criticizing what would be needed in a more well-rounded and fuller discussion.

Secondly, it is obvious that Marx’s theory of capital is the beginning of such an analysis and requires elaboration in relation to the specifically capitalist state. I mention taxes in relation to the capitalist state and imply that a further analysis of the capitalist state would benefit from a consideration of taxes. Jack Barbalet refers to the relevance of taxes, the state debt and finance capital for Marx’s theory of the capitalist state in his Marx’s Construction of Social Theory as does Ingo Stützle in Staatsverschuldung als Kategorie der Kritik der politischen Ökonomie. Eine Forschungsnotiz. However, I definitely do not have the theoretical background as yet (if ever) to discuss adequately the nature of the capitalist state and its relation to schooling.

Such work, as Hegel once pointed out, requires time, as a new theory or principle needs to be worked out in detail.

In any case, although it is true that, for a fully developed criticism of the capitalist state and schooling, it would be necessary to delve into and analyse the capitalist state and its relation to schooling, for the purposes of the essay, such a demand is absurd given the imposed limitations of the journal itself. 

“Moreover, the focus on class size (rather than, say, wages) suggests that teachers’ self-interest will inevitably align with children’s or public interest.”

This is absurd. I chose class size to illustrate—the limitations and inadequacy of collective bargaining in relation to the working conditions of teachers. Here is what I wrote:

‘In relation to teachers as employees, the purpose of a teacher’s work, just like the work of nurses and other public-sector workers, is not defined by those teachers. Teachers certainly can choose how they teach in many ways (pedagogy has come a long way), but there are many areas in their work that can be addressed only to a limited extent, if at all, at the level of collective bargaining. For example, the issue of class size can be and has been addressed at the level of collective bargaining. Can the results of collective bargaining over this issue adequately address the needs of increasingly diversified student populations?

It is useful to compare a fairly homogenous student population–the students in the Dewey School in Chicago between 1896 and 1904—with this situation. After three years of functioning, as an experimental school, the School had 125 students, with fifteen full-time staff and 16 assistants (the assistants’ hours varied from half an hour to three hours a day (Camp & Mayhew, 1936/1966). If we take the average number of hours of these assistants, based on the minimum and maximum number of hours they worked per day, they worked an average 1.75 hours per day (.5+3)/2=1.75). If we assume a work day of 5.25 hours per day, then roughly there were five full-time equivalent assistants per day. Consequently, there were 21 adults working with 125 students—an average of about six children per adult; class size was definitely limited. Has any collective agreement in Canada for public teachers come close to such a class size?

Rather than addressing the need to reduce class size to a level required to address adequately the needs of individual students, teachers are expected to differentiate instruction. Of course, trying to address the needs of 20 or 30 children or adolescents based on differentiated instruction increases the workload of teachers. If class size decreases to a limited extent due to collective bargaining, often enough, the workload increases in other areas in order to compensate for such a reduced class size.’

I compared the typical class size of teachers in public schools with the class size in the Dewey School, where the class size in relation to the number of adults was substantially lower. I pointed out that collective bargaining over class size has not been able to limit the class size to the extent found in the Dewey School. I imply that children’s learning needs require a relatively high adult-to-pupil ratio, but collective bargaining has never been able to address this issue adequately. That teachers are interested in class size and yet cannot address adequately that working condition within  the confines of collective bargaining provides an illustration of the limitations of collective bargaining.

By the way, the reviewer’s concept of “public interest” is pure abstraction—as if there were some independent public interest that can be identified independently of class relations.

“In this, the manuscript treats kids more or less like the hops in the beer the author made.”

This is not only absurd, but it is insulting. How do I treat kids “more or less like the hops in the beer the author made?” Where do I do this? I guess it is treating “kids more or less like the hops in the beer the author made” to imply that collective bargaining cannot address adequately a reduced class size—and that is one of the conditions that children require to learn adequately—not just “differentiated instruction.”

I did not bring the salaries or wages of teachers into the picture because I wanted to illustrate the limitations of collective bargaining. Teachers’ salaries are relatively high absolutely when compared to the salaries or wages of lower-level workers (I was earning, gross, around $85,000 a year), but what would have to at least be factored in is the number of hours that teachers actually work and not the number of hours they officially work. From my own experience, I know that teachers work much longer than the official number of hours. I used to get to school around 7:15 in the morning (classes started at 9:00). My lunch hour had students in the classroom while I ate. I often stayed until 4:30 or 5:00 in the afternoon and worked at home afterwards. The higher salaries reflect in part, the longer working day of teachers. Undoubtedly other factors may also partially explain the relatively higher salary of teachers , but the focus on salary would detract from the limitations of collective bargaining in relation to the working lives of teachers as teacher-employees.

“Or to put it slightly differently, one would not, I think, say that the police controlling all conditions of their work in the colonized communities of the poor is self-evidently good.  Teachers have often been among those advocating corporal punishment in schools and the removal of difficult children. Why does teachers’ control of their work equate with the greater good?”

Note how the reviewer now shifts to an isolationist or micro position in order to argue against worker control (including teacher control) of their work. My assumption was that in a socialist society worker control would extend across the public and private sectors; such a situation would prevent teachers from being used as mere means for purposes foreign to their own lives. Motivations for engaging in teaching would likely change, and advocacy for corporal punishment would likely diminish substantially. If the children in schools were adequately cared for, so-called “difficult children” would be diminished.

The reviewer tries to engage in moral superiority. Obviously, this reviewer claims to disagree with corporal punishment—in schools. What does the reviewer do in relation to the corporal punishment characterized by parents? S/he fails to mention this at all and the role courts have played in perpetuating the physical abuse of children (see my own personal experience in, for example, the following post  A Worker’s Resistance to the Capitalist Government or State and its Representatives, Part One) as well as the summary of some of the physical abuse experienced by my daughter by her mother in the second part under the same name–part two). S/he also fails to address the impact on the behaviour of adults towards children of a kind of society where there is a market for workers—and that includes teachers. S/he also fails to address the imposition of a modern curriculum at the elementary level that focuses on symbolic learning (reading and writing) at the expense of children’s active interest in the world around them (including social life). My reference to Dewey was hardly accidental; Dewey criticized severely the lack of consideration of the specificity of children and their existence as living beings in schools. The Dewey School was meant to address many of these inadequacies by focusing on the production and reproduction of the common needs of human beings from a geographical and historical angle—and the accompanying intellectual development that that entails.

As for the reference to the police–I hardly idealize the police (see my post Socialism, Police and the Government or State, Part One).

The reviewer’s implied concern for children may or may not be true, but to try to impose her/his own agenda without any real basis further weakens the objectivity of her/his own review.

If work were organized democratically, the work would also change. The concept of “difficult children” might well vanish.

Of course, under existing conditions, some teachers do advocate for corporal punishment and want to have difficult children removed from their class. And? The reviewer is trying to argue from a position where teachers lack control over their own working lives in general in conjunction with all other workers.

I hardly idealize the current social situation in the proposed article, nor do I idealize teachers. Quite to the contrary. In other articles that I have written, I have implied that teachers largely accept the curriculum as specified by departments of education and fail to criticize the content and structure of the curriculum (see some of my articles in the Publications and Writings link). Furthermore, having been the chair of the Equity and Social Justice Committee for Lakeshore Teachers Association, I tried to widen the issue to include the employer-employee relation as such (among other issues). I tried to generate discussion among the other chairs of Equity and Social Justice Committees, but the only response was an insult, where one chair called my views asinine since, according to him, I was claiming that teachers did not address social-justice issues in the classroom. Of course, I was trying to have the teachers redefine what was meant by social justice—a redefinition that would involve the wider issue of the kind of society in which we live and work. Other than that response, the chairs remained silent over what I wrote. I am well aware of the limitations of teachers’ points of view.

“One could answer this question in a number of ways; one way or another, it is a question that needs addressing.  If they had the freedom to do so, teachers, the author seems to suggest, would reject their role as part of the ideological state apparatus.  Why?”

Why would I want to address this issue in this article? Are there not many issues in the world that need to be addressed? I was not addressing the issue of “teachers” only since the freedom of control over our working lives is hardly limited to teachers, and the limitations of collective bargaining and the collective agreement are hardly limited to teacher unions.

“Similarly, the relationship of teachers’ workplace concerns to those of the working class as a whole.”

I was trying to address this issue indirectly by showing the inadequacy of collective bargaining in general. My reference to class-size and the inadequate way in which collective-bargaining addresses the issue points in this direction—but the reviewer, rather than recognizing this, accuses me of idealizing teachers. Such is the nature of reviewing and an underhanded way of rejecting articles that contradict the point of view of the reviewer,

“The author makes many points which seem to me valid: no doubt unions generally do not educate members and collective bargaining has its limits. I am not suggesting different conclusions in the essay. Rather, the stances the author takes need more development.”

My view is that, on the one hand, many of the the reviewer”s criticisms are invalid and, on the other, when her/his views are valid, s/he is asking for the impossible—to deal adequately with everything brought up would go far beyond the limits specified by the journal Critical Education. According to the journal: ‘Critical Education typically reviews manuscripts that are between 4,000 and 8,000 words in length.’

“On p. 14 the analysis of different pay scales was a bit confusing.”

Perhaps, but without further elaboration, it is impossible to determine why the reviewer believes that.

Conclusion

When a writer submits an article for possible publication, it is to be expected that revision will likely be necessary. There is, however, a difference between the need for revision and the requirement that the writer submit to the point of view and experiences of the reviewer.

I have had several articles published (see Publications and Writings section of this blog). I have had to revise each submission, and I have learned to accept this as a normal part of the publication of articles. However, I found the criticisms of the reviewers to go far beyond what the role of reviewers should be. As a consequence, I started this blog as a way of expressing my own point of view–without censorship.

Writing articles in peer-reviewed journals are inadequate for expressing issues of concern to the working class.

I will be posting, in the future, a final post concerning Reviewer C’s review of my submbitted article.

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

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 Social 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.

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.”

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

Mr. S.W. claimed that I was indoctrinating Francesca in my Marxist ideas. Firstly, I did indicate to Francesca that working for an employer was bad. Objectively, it can be shown that working for an employer is bad; treating human beings as things and as means for purposes undefined by them is bad. Oppressing and exploiting workers is bad–and this must occur necessarily in a society dominated by a class of employers (for exploitation and oppression, see The Money Circuit of CapitalThe Rate of Exploitation of Workers at Magna International Inc., One of the Largest Private Employers in Toronto, Part One ;   The Rate of Exploitation of Magna International Inc., One of the Largest Private Employers in Toronto, Part Two, Or: Intensified Oppression and Exploitation  ;  The Rate of Exploitation of Workers at Air Canada, One of the Largest Private Employers in Canada; more generally, for oppression, see Employers as Dictators, Part One).

From the complaint:

“Indoctrinate” is used several times in the assessment. The term indoctrinate is quite strong. Is Mr. S.W. ready to substantiate such a charge? Apparently not. Mr. Harris, in a meeting with his lawyer and Mr. S.W. in February 1999, requested that Mr. S.W. provide Mr. Harris with some material which indicated that such “indoctrination” would harm his daughter–because Mr. Harris does not want to harm his daughter. He indicated that Mr. S.W. merely had to provide general material on the subject and not so specific material that it related to Marxism as such.

The [civil] trial took place from April 6 to April 8, 1999. Mr. S.W. stated, on the witness stand, that he had told Mr. Harris that he would try to obtain material relevant to whether Mr. Harris’ “indoctrinating” his daughter with Marxist ideas harmed a child. Mr. Harris phoned Mr. S.W. about one week later, asking whether Mr. S.W. had found any material. Mr. S.W. replied that he had not, but that he was still searching. Almost six months later–no word from Mr. S.W. [Almost twenty years later–and still no word from Mr. S.W.]

The charge of indoctrination is quite interesting. On what grounds does Mr. S.W. make it?

Indoctrination tries to narrow the horizon of a person’s awareness of the world and context in which we live. Does this blog testify to such narrowmindedness? If so, how so?

When Francesca and I used to go to the Subway restaurant to have a subway sandwich, I would teach her the productive circuit of capital (since it is more understandable, in that context, than the money circuit of capital). I would point out to her that the worker’s act of placing the meat, the tomatoes, lettuce, green peppers, etc. on the bun was the process of production, or P, which required time. I then pointed out that the product of this act of production was not the property of the worker but the owner of Subway. Next, I pointed out that the worker then sold the subway to us for money (which was not hers/his). Finally, I pointed out that the money was then used to purchase the meat, lettuce, green peppers, bun, etc. as well as hire the worker–to begin the capitalist production anew (in terms of the symbols used in the money circuit of capital, we have: P…C’-M’-(Mp+L)…P).

My daughter probably does not remember this, but she at least was exposed to Marxian theory and to an understanding of the basic process of capitalist production. I doubt that Mr. S.W.–and many social democrats–can say the same.

Some lessons to be drawn, 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 social workers 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 accusations of indoctrination from those who are themselves indoctrinated (see my series of posts on silent indoctrination in schools by means of the Canadian history curriculum, for example  A Case of Silent Indoctrination, Part One: The Manitoba History Curricula and Its Lack of History of Employers and Employees).
  4. 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 that your telling the truth is a lie.
  5. Expect social democrats to be incapable of dealing with the reality of the details of government or state oppression. For example, Herman Rosenfeld, a self-defined Marxist here in Toronto, made the following claim (see https://canadiandimension.com/articles/view/reform-and-transform-police-abolitionism-and-sloppy-thinking):

In reality, though, bourgeois democratic institutions are not simply a façade for a bloody and murderous dictatorship over the poor and colonized. Yes, there are instances of state acts of murder and even terrorism. The liberal democratic state and institutions facilitate private capital accumulation and are structured in ways which seek to repress, diffuse and co-opt alternative political and social movements, but these are mediated by the necessities of legitimating capitalism. The relative power, political ideology and organization of the working class and colonized Indigenous peoples also affect the character of liberal democracy (and in the subordinate strata, there are forms of class differences and other contradictions that also matter). We don’t live in a fascist dictatorship.

No, we do not live in a fascist dictatorship (although I leave open what that means–Mr. Rosenfeld does not enlighten us on that score), but to what extent do many people in “bourgeois democratic institutions” actually experience the oppression that I experienced? Is my case an exception? Mr. Rosenfeld provides no evidence that he even is aware of just how oppressive the government is–which feeds into the popularity of the right since there is denial by the left, on the one hand, of what many people experience and, on the other, the left idealize the public sector.

When Mr. Rosenfeld speaks of “the necessities of legitimating capitalism,” he does not inquire into the extent to which such legitimation is based on the illusion of legitimacy. How many cases of government or state oppression is the public aware of? Should not the left expose such oppression? I sent Mr. Rosenfeld some of the facts of the case surrounding the court-ordered assessment when we were both engaged in providing a workshop for Toronto Pearson airport workers. His response was–silence.

The legitmating function of the capitalist government and state may well, at least in part, be a function of the suppression of many cases of oppression by the “public sector.” That would require inquiry by the left to search for such cases and bring them to light–rather than using such vague terms as “the necessities of legitimating capitalism.” Surely it is one of the tasks of the left to expose such oppression–rather than cover it up with such phrases as “the necessities of legitimating capitalism.”

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

I will, in the future, write one more post specifically related to my complaint against Mr. S.W. to the Manitoba Institute of Registered Social Workers. That will end my account of that complaint (although there were more than six points to my complaint) –although it will not end the situation that I and my daughter faced in relation to representatives of the capitalist government or state. That situation will be described in additional posts that continue the series in order to illustrate the oppressive nature of the society in which we live.

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

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.”

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

The extent of Mr. S.W.’s political bigotry can be seen, in addition to his absurd characterization of my genuine (and true) complaints about Francesca’s mother’s physical abuse of Francesca and his lying concerning the language issue as outlined in previous posts.

Further evidence of his political bigotry was his lack of concern about the accuracy of characterizing what occurred when Francesca’s mother took Francesca to Guatemala (Francesca’s mother was born in Guatemala).  It was (and still is) my belief that Francesca’s mother, although she did not kidnap Francesca in the sense of initially taking Francesca away to Guatemala against my will, did in fact abduct Francesca by remaining in Guatemala for three and half months past the agreed upon time for her return to Canada. I did not know whether I would ever see Francesca again. Mr. S.W. dismissed my contention that Ms. Harris had kidnapped Francesca.

From the court-ordered assessment written by Mr. S.W.

“Page 12: Mr. Harris agreed that his wife and child should accept the offer of free transportation, and Mrs. Harris left for Guatemala.”

The context was (I will provide details in another post) that we had reconciled in February, 1995 after a separation from October 16, 1994.

I agreed to have my wife take my daughter from mid-March until mid-April 1995 to Guatemala; her parents were to pay for the return flight (I was receiving  student loan at the time). My wife, however, refused to return to Canada at the agreed-upon time.

This is what Mr. S.W., the political bigot, had to say:

Page 12 of the assessment: “In April of 1995, Mr. Harris states that he received a phone call from his wife saying that she wanted to come to Winnipeg. She then asked him for money for an airline ticket home. He said he became angry at this and told her to obtain her money from her parents. Ms. Harris states that her parents could not raise the money at that time and so she was forced to remain in Guatemala.”

On page 20 of the assessment, Mr. S.W. states the following:

“Ms. Harris presented as honest and forthright.”

Why would Mr. S.W. believe Ms. Harris’ version? She herself admitted that her family was financially stable. On page 6 of the assessment, Mr. S.W. writes, and I added, in the complaint:

Page 6: “She [Ms. Harris] states that her parents earned enough money to provide for financial stability and a relatively good lifestyle.”

Not true historically, but true at a later date, certainly in 1988 when Mr. Harris went to Guatemala to meet them and also at the time of Ms. Harris going to Guatemala in 1995.”

When Ms. Harris’ mother came to Canada in 1997 (this fact was conveniently suppressed by Mr. S.W.–Mr. Harris mentioned that Ms. Harris’ mother came to Canada in 1997–another “silence” on Mr. S.W.’s part that can probably be explained by Mr. S.W.’s political bias), Ms. Harris’ mother stated that there was no economic problem.

There was plenty of evidence to contradict Ms. Harris’ version. The issue was twofold Firstly, did Ms. Harris’ parents likely have sufficient funds to pay for an airline ticket? Secondly, if they did not, would it have been reasonable for her to request that I pay for an airline ticket given our economic situation?

I already have provided some evidence that Ms. Harris’ parents evidently had sufficient funds to pay for an airline ticket. I provided further proof of their economic situation in the complaint. From pages 48-49, where I indicate:

Ms,. Harris and Mr. Harris had agreed beforehand that Ms. Harris’ parents would pay for the flight back. Why did Mr. S.W. not query the obvious contradiction between the claim that Ms. Harris’ family in Guatemala were financially secure and the supposed incapacity of her family to raise sufficient funds to send her and Francesca back to Canada? (Ms. Harris’ father and mother had visited Canada in 1993. Ms. Harris’ parents had gone on a trip to Europe a few years before that. In 1994, Ms. Harris’ mother came to Canada. in 1994. Again, in 1997 she came to Canada. Sometime in late 1997, her sister and brother-in-law–who live beside Mr. Harris’ parents–sent two of their children to Canada for a visit. The same parents sent two of their children this year–they stayed with Ms. Harris in October and November. A family in dire circumstances indeed.

I further indicate, on page 49:

Ms. Harris left Canada for Guatemala via a car. If she did not have the money, why did she not return by car? But Ms. Harris’ behaviour is never “bizarre,” only Mr. Harris’ behaviour.

As I indicated on page 46 of the complaint:

Ms. Harris–by “coincidence”–had the opportunity to go to Guatemala by car.

Mr. S.W.’s remark on pages 11-12 of the assessment and my commentary in the complaint (on page 46):

“About the same time Ms. Harris was offered a free ride to Guatemala by a church pastor whom [sic] was travelling there by car.”

It is interesting to note that Mr. S.W. neglected to mention–Mr. Harris did mention it to Mr. S.W.–that the church pastor was a Guatemalan and a cousin to Ms. Harris (Justo Orellana). An irrelevant fact, it would seem, according to Mr. S.W. since he neglected to mention it (just as he neglected to mention that Ms. Harris’ mother came to Canada in 1997). Why the omission?

Mr. S.W. characterization of Ms. Harris as honest and forthright, on the one hand, and the evidence that her family would have had sufficient money to pay for a return flight contradict each other. What explains such a contradiction? Could it because Mr. S.W. is a political bigot? That Mr. Harris self-identified as a Marxist and therefore must be the opposite of “honest and forthright?” Or that my wife at the time, since she was not a Marxist, must be “honest and forthright.”

The second issue has to do with my own economic situation at the time–something which Mr. S.W. never even considered. Why would he not consider my economic situation at the time when considering what was reasonable? Perhaps because he is a political bigot?

On page 48 of the complaint to the Manitoba Registered Institute of Social Workers (MIRSW), I wrote the following:

It is interesting to note that Mr. S.W. did not even inquire into Mr. Harris’ economic status at the time, in April 1995. Mr. Harris was a student at the Faculty of Education of College universitaire de Saint-Boniface. He had received a student loan.The student loan was from September 1994 until–April 1995. Ms. Harris knew that Mr. Harris did not have the money. Why did Mr. S.W. not (1) not query the reasonableness of Ms. Harris asking Mr. Harris for money when Mr. Harris did not have the money; (2) query the obvious contradiction between the claim that Ms. Harris’ family in Guatemala was financially secure and the supposed incapacity of her family to raise sufficient funds to send her and Francesca back to Canada?

I further wrote, on page 49:

Mr. Harris told Mr. S,W. that when Ms. Harris’ mother was in Canada in 1994, after he had an argument with her concerning who was to be the parent of Francesca, her or him, he overheard her suggest that her daughter go to Guatemala–implying in Mr. Harris’ mind that perhaps she wanted her daughter to return permanently to Guatemala

This double neglect on the part of Mr. S.W–of accurately determining the probability of Ms. Harris’ family being able to provide airfare in April and whether it would be reasonable to request that Mr. Harris provide the funds necessary to purchase airline tickets for Ms. Harris and Francesca–can probably be attributed to his political bigotry.

Needless to say, the kidnapping of Francesca caused me great emotional distress.

The issue of the kidnapping of Francesca becomes more complicated because Ms. Harris did indicate, by telephone, that she would return to Canada on May 13, 1995. She gave me both the flight number and the time, and I showed up at the Winnipeg airport, expecting to see Francesca.

From page 45 of the complaint against Mr. S.W. to the Manitoba Institute of Registered Social Workers (MIRSW):

In early May, 1995, Ms. Harris gave Mr. Harris a flight number and the time. She had already booked her flight. She then told Mr. Harris on the phone, on May 13, that she had cancelled it because she promised her parents that she was going to have Francesca’s birthday in Guatemala (document 20, photo of Francesca on her first birthday. Mr. Harris wants the photo returned.)

Here is Mr. S.W.’s comment:

This writer [Mr. S.W.] asked Mr. Harris why he had not simply got on the phone to find out what had happened. He argued that there was no point in discussing anything with his wife.

My comment in the complaint to the Manitoba Institute of Registered Social Workers:

There seem to be three possibilities here. Either Mr. Harris did not explain himself well enough, or Mr. S.W. did not understand what Mr. Harris had said, or Mr. S.W. distorted what Mr. Harris had said.

Mr. Harris did call his wife on May 13. Mr. Harris begged Ms. Harris to return to Canada. Ms. Harris categorically stated that she was going to have Mr. Harris’ daughter’s birthday in Guatemala, and she refused to return. Mr. Harris threatened to divorce her. She replied that Mr. Harris was always threatening to do that. Mr. Harris replied: “Alla Ud. y alla su familia.” The equivalent is, more or less: “You and your family know what you can do.” Mr. Harris never expected to see his daughter again. As for any point discussing the issue, obviously there was no point in discussing it. Ms. Harris “categorically” refused to return.

Mr. S.W. did not care about the truth. He had evidently already condemned Mr. Harris and judged his claim that Ms. Harris kidnapped Francesca to be an indication of Mr. Harris’ “insecurity” and used his Marxism as an excuse to cover up his own insecurities.

Ms. Harris refused to indicate when or if she would return. When I called again, her father answered, and stated: “Ni siquiera puedes mantener a tu propia hija.” (“You cannot even maintain your own daughter.”) Practically,  I guess it is justifiable to kidnap a child if the other parent lacks the funds necessary to “maintain” the child.

As pointed out previously, Mr. S.W.’s characterized me in the following terms (from page 21 of the court-ordered assessment written by Mr. S.W.):

Mr. Harris presented as an emotionally insecure individual who attempted to cover his insecurities through confrontation and intellectualization of his problems.

Mr. S.W. further characterized me in the following terms:

“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.”

Ms. Harris did finally return to Winnipeg, Manitoba, Canada–on July 31, 1995–three and half months after the agreed-upon date of her return. When I tried to hug Francesca, she began to cry; she did not recognize me.

What lessons can be learned from the above?

  1. Do not expect anti-Marxists to accurately determine the truth.
  2. Expect sloppy inquiry (which is really sloppy thinking since thinking requires inquiry) when it comes to the Marxist’s version of the situation.
  3. Do not expect any sympathy for Marxists–regardless of what the Marxists have experienced.
  4. Expect character assassination and ridicule.
  5. When it comes to the physical abuse of a child, expect anti-Marxists to discount the Marxist’s version and to accuse the Marxist of lying.

Other lessons?

 

 

 

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

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.

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).

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.

Just a recap of part of the last post: Mr. S.W., in a court-ordered assessment, claimed that my claim that the mother of my daughter (Francesca Alexandra Romani, ne Harris) was using a belt and a wooden stick to physically abuse her, was “somewhat ridiculous.” ((I use the initials “S.W.” to represent the social worker who wrote the assessment). 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.

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.”

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

Further evidence of Mr. S.W.’s political bias is his lying to the court about what occurred at our first meeting. Let us listen to Mr. S.W.’s account first in the court-ordered assessment, as I detailed it in my official complaint against Mr. S.W. on February 18, 2000, to the Manitoba Institute of Registered Social Workers:

8. Mr. Harris’ “confrontational” style

This needs to be looked at more closely. On page 3, Mr. S.W. notes that on July 29, 1998, he had a telephone contact with Mr. Harris. The purpose was to set up a date for the interview as well as the home visit with Francesca. On the same page, Mr. S.W. includes Mr. Harris’ letter to Mr. S.W., dated August 4, 1998.

According to Mr. S.W.,

“Mr. Harris’ maladaptive strategies in relating to others has probably caused him a great deal of stress and anxiety over the years. This writer, for example, encountered difficulty in dealing with Mr. Harris even before the first meeting with him. In a phone conversation with Mr. Harris, this writer had suggested that his daughter should be instructed in the use of English as well as other languages [Mr. Harris’ emphasis.] Mr. Harris seemed draw [sic] conclusions adverse conclusions from this conversation, almost as if he were looking for an argument and confrontation where no dispute existed [Mr. Harris’ emphasis]. Because of the fact that there was no dispute in the first place, this writer was able to dispose of Mr. Harris’ misunderstandings in a few minutes. This letter, however, is likely a good indication as to how Mr. Harris creates difficulties for himself in relating to people in general” (page 21 of the court-ordered assessment by Mr. S.W.)

Mr. S.W. presents himself as pure rationality, able to bring Mr. Harris, the “insecure” individual, to reason. It is indeed unfortunate for Mr. S.W. that Mr. Harris was keeping a journal at the time (document 29). Since it is in French, the translation of the relevant passage reads:

“Wednesday, July 29, 1998: I went to meet Lloyd [Lloyd Lawrence, my best friend in Winnipeg at the time] after having gone to Manitoba Housing in order to pay the $63 for rent. We talked too long.

When I came back, there was a message on the answering machine by Mr. S.W.; he could not meet Francesca and me on August 1 but on August 8. I telephoned him. He told me that he had already met Francesca twice. I indicated to him that there would be a problem with that: it would be necessary to wait 10 days–that it was a farce. He asked me what was. I related to him how the law had evicted me on the basis of Veronica’s lie [my wife at the time]. He told me that it was the same thing with zero tolerance (equation, identity–I do not agree). I also told him that I found it offensive that he told me that speaking English was logical in a predominately English society (implying that speaking Spanish to her was illogical) [I had asked him which language he would prefer that I use when observing Francesca and me since I generally spoke Spanish to Francesca.]  He replied that Spanish was not a widespread language in Canada and that Francesca could have problems in school. I replied that the knowledge of Spanish could help my daughter if she attended a French-immersion school (with the imperfect and the past). He said that he was not going to debate the issue with me.”

Of course, Mr. Harris may be fabricating this. He might have written it only today. The committee will have to decide this as well as whether Mr. S.W. “had no qualms in misleading government agencies.” The dispute centered on why Mr. S.W. would assert that speaking Spanish to Francesca would harm her. Mr. Harris categorically denies that Mr. S.W. made any reference to “other languages.” Mr. S.W., even before he interviewed Mr. Harris, was already questioning Mr. Harris’ intentions and authority as a parent and as a teacher.

Mr. Harris had taught Spanish and French (in French immersion) at the high-school level. He has taken methodology courses in the teaching of French in French immersion and the teaching of French as a second language. He has a major in French and a minor in Spanish. He attended College universitaire de Saint-Boniface to obtain his bachelor of education–despite being an anglophone–for two years. Mr. Harris is much better qualified than Mr. S.W.  in the teaching of a second language.

It is Mr. S.W. who created the dispute. To cover up his own bigotry, he then presents Mr. Harris as “confrontational.” Mr. Harris finds this constant whitewash by Mr. S.W. as indicative of an “insecure” intellectual who consciously set out to ridicule Mr. Harris–this time, to present himself as Monsieur Le Rationnel and Mr. Harris as Monsieur L’Irrationnel.

If the letter which Mr. Harris wrote to Mr. S.W. is taken in the context of the translation of Mr. Harris’ journal, then it was Mr. S.W. who was confrontational, and Mr. Harris reacted to that. [The letter I wrote to Mr. S.W. referred to his biased reference to how speaking only Spanish would harm Francesca. I contacted some Aboriginal organizations, which affirmed that they considered it appropriate to teach Aboriginal languages to Aboriginal children. I also referred to the fact that Canada is officially a bilingual country and not limited to the English language.]

Also, given Ms. Harris’ constant denial of Mr. Harris’s right of telephone access–conveniently omitted by Mr. S.W.–Mr. Harris’ reaction to Mr. S.W.’s attack on which language he spoke to his daughter is perfectly natural. [I had the legal right to telephone Francesca every Wednesday, and every Wednesday Francesca’s mother would deny that right–which had been going on for over two months.] Is it normal practice in social work to attack a non-custodial parent by telephone during an assessment?

Note that Mr. S.W., when he had the phone conversation with Mr. Harris, had already spoken to Ms. Harris twice beforehand. Ms. Harris’ lies had obviously already influenced the political bigot.

‘Another curious thing concerning the issue of languages needs to be raised. Mr. Harris indicated that he wanted his daughter to attend French-immersion school. After the last interview with Mr. S.W., Mr. S.W. indicated that he would recommend that as well. Nowhere is such a recommendation to be found in the assessment. An interesting “omission” once again. (Incidentally, Mr. Harris, despite all the lies and distortions, etc. of Ms. Harris, after the trial, attempted to be friendly to her. She indicated that she wanted Francesca to attend French immersion–without Mr. Harris mentioning anything to her. Mr. Harris suspects that Mr. S.W. talked to his client  Ms. Harris concerning the issue. In fact, Francesca was registered in Sacre Coeur No 2 for this September. When Ms. Harris started to lie to Mr. Harris again, Mr. Harris broke relations again (he has no intention of basing his life on constant lies–that is no basis for a life). Ms. Harris subsequently withdrew Francesca from Sacre Coeur No. 2 and enrolled her in Sister MacNamara School–an English-speaking school. This is the power that Mr. S.W. has bestowed on his client, Ms. Harris

What lessons can be learned from the above?

  1. Representatives of “authority” will expect proper deference towards them. If you do not display proper deference, you will suffer negative consequences.
  2. If you challenge their authority, they will lie.
  3. The truth for such representatives does not matter; they conceive of themselves as the holders of truth–their truth. That means that unless you have substantial proof to the contrary, they will concoct a story that will present them in a positive light and you in a negative light.
  4. The above probably applies in general and is not specific to Marxists. If you self-identify as a Marxist, you can expect all the above–but in an intensified manner.

Are there other lessons to be learned? Probably, if you can think of other lessons, feel free to comment on the post, or provide your an account of your own experiences.

 

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.