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

Introduction

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

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

Of course, representatives should not limit themselves to such criticism but rather perform their representative function in order to enhance the democratic nature of the union or association to which they belong. To that end, I referred to issues and clauses in the collective agreement that were relevant to substitute teachers as well as to the Substitute Teachers’ Committee.

Limitations of Collective Bargaining

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Fred Harris, executive member

Engaging in Concrete Administrative Issues in a Union

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

Good afternoon, everyone.

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

Fred Harris, chair, Substitute Teachers’ Committee

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

Substitute Teacher Access to Listed Jobs

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

Fred Harris, chair, Substitute Teachers’ Committee

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

Elements of the Current SmartFinder Express System for Substitute Teachers

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

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

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

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

Good afternoon, everyone.

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

16.03 (f) Professional Development

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

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

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

Fred

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The Silences of the Social-Democratic Left on the Standards They Use in Relation to Health and Safety

I had a debate on the Facebook page of the Toronto Airport Workers Council (TAWC), an organization designed to facilitate communication and common actions among unions at the Toronto International Pearson Airport. The issue was health and safety and workers’ compensation. In Canada, most workers who work for an employer are covered by workers’ compensation–a fund derived from premiums that employers pay, based on the rate and extent of accidents in the particular industry as well as the accident record of particular employers. Being covered by workers’ compensation means that, if an injury (or disease) is work related, then the worker has the right to be compensated.

The following conversation occurred on October 18, 2019, first with an anonymous member of TAWC and then with the TAWC member Mike Corrado (who is also the general chairperson of the central region of the International Association of Machinists and Aerospace Workers (IAMAW):

Premier Ford [of Ontario,Canada] says he cares about safety, but after the 5th temp agency worker death at Fiera Foods Company, he still refuses to take action. Legislation already exists to stop companies from treating temp workers’ lives as disposable. Tell FordNationto implement this law, now! VISIT: www.15andFairness.org

Fred Harris Are there any statistics about now many non-temporary agency workers have died since 1999? Or even during Doug Ford’s term as premier? Is one death one too many in that situation? If so, what is being done about it? Why the focus exclusively on temporary workers? Certainly, that issue should be addressed–but what about those who supposedly have :”good jobs” (unionized, for example)? Do they not still die needlessly in the context of an economy dominated by a class of employers?

Tawc Yyz Thats far too many questions to realistically answer on this post.

Fred Harris Let us assume that this is the case. There are six questions in the above post. Take any question and answer it. Or perhaps one question per week? Or per month? Every two months?

Should not at least one question be answered now? If not, why not?

Take any of the six questions and answer it. Or is one quetion “too much” to realistically answer on this post?”

I remember when I worked at one of those so-called “decent jobs” that much of the social-democratic left talk about. One night, a few days after the brewery was “inspected” (mysteriously the brewery was advised of the inspection beforehand so that the machinery, etc. could be cleaned), a worker lost a couple of fingers when his glove got caught in a chain on the conveyor belt. Not long afterwards, we started to produce beer again.

I guess non-temporary workers have it so good that the issue of whether workers will ever be safe under working conditions controlled in large part by employers should not be brought up? That the general issue of the unsafe working conditions in various forms should not be brought up? Or is that too many questions to answer in a post? If so, then feel free to answer it on my blog.

That temporary workers are more subject to the possibility of unsafe working conditions than regular working conditions is probably true (I worked as a substitute teacher–a temporary worker–though not for a temp agency) for a number of years. That did not prevent me from questioning the more general question.

Mike Corrado The brewery workers were fully covered under worker’s compensation or WSIB whereas temp workers aren’t afforded with the same rights!

Open Letter to Premier Ford
October 8, 2019

RE: Urgent action required after fifth temp worker death at Fiera Foods

Dear Premier Doug Ford,

As you know, on Wednesday, September 25, Enrico Miranda, a father of two, was killed on the job. As you also know, Mr. Miranda is the fifth temporary agency worker who has died on the job at Fiera Foods or an affiliated company.

Shockingly, it has been almost two weeks since his death and yet we have heard nothing from you. You have chosen to remain silent, despite having the power to implement legislation that could have prevented this tragedy.

Mr. Ford, this is the second worker killed at Fiera Foods under your watch.

Had you implemented Section 83(4) of the Workplace Safety and Insurance Act – legislation which has already passed, but simply needs your signature – Mr. Miranda might still be alive today.

That’s why we are writing to you to demand that you immediately enact this existing law that will make companies using temp agencies financially responsible under the Workplace Safety and Insurance Act for workplace deaths and injuries.

Laws like this will make companies like Fiera Foods think twice before putting temp workers into harm’s way.

There’s no more time to waste, and we need you to take action to make sure this is the last temp agency worker death.

Implement Section 83(4) of the Workplace Safety and Insurance Act – right now!

We expect to hear from you right away, and certainly no later than Friday, October 11.

Ontarians deserve to know whether their premier will stand up for workers – or whether he will remain silent and continue allowing companies to treat their workers’ lives as disposable.

Fred Harris Yes, the brewery workers were “fully covered under worker’s compensation or WSIB”–and is this compensation for the man who lost his two fingers?

Furthermore, substitute teachers (at least in Manitoba) are not covered by workers compensation.

In addition, the answer that “being fully covered under workers’ compensation” (or not) skirts the question of whether workers, whether covered or not, can ever be safe under conditions that are dominated by a class of employers.

Why shift the issue to being “fully covered under worker’s compensation or WSIB” or not to the issue of whether human safety is really possible under conditions dominated by a class of employers?

Of course, this does not mean that workers who are not covered by worker’s compensation should not struggle to obtain coverage (and others should support such struggle). However, the standard is itself ‘workers who are covered by worker’s compensation or WSIB”–an inadequate standard,.

Let us assume that all workers who work for employers are covered by worker’s compensation. On such a view, then workers would be safe? If not, why not? How many workers have suffered injury at the airport in the last five years? Two years? One year? Do they qualify for worker’s compensation?

Finally, legislation can prevent some injuries and deaths–but hardly all injuries and deaths under existing conditions of domination of the economy by a class of employers and the social structures that go along with that domination. Human beings are things to be used by employers–like machines. Given that situation, there are bound to be injuries and deaths. Or why is it that there around 1000 deaths at work a year in Canada and over 600,000 injuries?

No further response was forthcoming. Was my question about whether being covered by workers’ compensation was an adequate standard out of line? Do not workers deserve an answer to the question? Why the silence?

To be fair to Mike Corrado, at least he broke the silence typical of much of the social-democratic left. Unfortunately, he chose to then revert back to the silence so typical of the social-democratic left when it comes to the power of employers as a class.

Furthermore, Mr. Corrado’s position with respect to the power of employers as a class shines through on the same Facebook page just prior to the Canadian federal elections held on October 21, 2019:

Election Day is Monday. Family values, workers rights, healthcare, pharmacare, the economy, privatization, electoral reform, the environment and the wealthy paying their fair share are at stake and so is my child’s future!

I too am for workers’ rights, healhcare, pharmacare, etc. But what does Mr. Corrado mean by “the wealthy paying their fare share?” This is a social-democratic slogan or cliche. What does it mean? There is no elaboration about what it means. The slogan implies that the wealthy should continue to be wealthy–but only that they should “pay their fair share.” As long as they pay “their fair share,” they can continue to treat workers as things at work. They can continue to make decisions about what to produce, how to produce, when to produce and where to produce. They can continue to dictate to workers (subject to the collective agreement). They can continue to make decisions concerning how much of their wealth will be reinvested and how much will be personally consumed (determining thereby the rate of accumulation and the level of economy growth and the quality of that growth).

Just as the social-democratic left are silent concerning the adequacy of the standard of workers’ compensation, so too they are silent concerning the legitimacy of the existence of a class of persons who make decisions that affect, directly and indirectly, the lives of millions of workers.

Why the silence? Why are not workers constantly talking about these issues?

The Silences of the Social-Democratic Left

I had two recent conversations with social democrats on two different (though undoubtedly related topics).

The first conversation is a representative of Canadian Union of Public Employees (CUPE) Local 4400 (education workers). The Local’s website indicates the following:

Toronto Education Workers/Local 4400 is made up of approximately 12,000 Education Workers who primarily work within the Toronto District School Board; Childcare Workers from various Childcare Centres and Caretakers from Viamonde French Board.

Representing over 400 Job Classifications, and over 1,000 Worksites.

They were set to go out on strike in the context of major budget cuts for school funding due to retrenchment by the Conservative provincial Ontario government of Doug Ford.

Duane Kennedy, Unit D Steward Co-Ordinator for Local 4400, made the following comment on a Facebook page:

Duane Kennedy Too bad they couldn’t get it right , we will strike not for new bargining dates it will be for a fair contract

I am unsure what he was referring to in relation to “new bargaining dates.” It may be to the title of a video and an accompanying textual explanation that is related to a video link on the Facebook page:

CUPE says strike next week if no dates scheduled

The union that represents school support staff says they will walk off the job next week if the province doesn’t agree to more talks

I asked the following:

Fred Harris What is a fair contract? Collective agreements limit the power of employers to dictate to workers, but they do not eliminate the power of management to dictate to workers what to do.

I guess it is fair for employers to treat workers as things?

The response was–silence. Why is that? Was my question out of line? Was it inappropriate? Did it express, as CUPE Local 3902 executive director Wayne Dealy indicated when I brought up the issue of whether working in a capitalist brewery constituted “decent work,” , the rantings of a “condescending prick?”

Or is it perhaps that union reps use the phrase “fair contract” without facing up to the fact that management has the power to dictate to workers in various ways whether there is a collective agreement or not?

Let us consider a couple of collective agreements between CUPE Local 4400 and the Toronto District School Board.

COLLECTIVE
AGREEMENT
Between
Toronto District School Board
And
Local 4400,
Canadian Union of
Public Employees
UNIT C
September 1, 2014 – August 31, 2019

Page 66 of this collective agreement has the following clause:

ARTICLE D – MANAGEMENT RIGHTS
D.1 The Union recognizes that it is the right of the Employer to exercise the
generally recognized regular and customary functions of management and
to direct its working forces. The Employer agrees not to exercise these
functions in a manner inconsistent with the provisions of the Collective
Agreement.

As I have indicated in other posts, the management rights clause gives management (as representative of the employer) far-ranging powers to direct workers as it sees fit. The collective agreement limits that power but in no way calls that power into question.

Consider another collective agreement for the same local:

COLLECTIVE
AGREEMENT
Between
Toronto District School Board
And
Local 4400,
Canadian Union of
Public Employees
UNIT D
September 1, 2014 – August 31, 2019

Page 66 of this collective agreement has the following clause (identical to the other collective agreement):

ARTICLE D – MANAGEMENT RIGHTS
D.1 The Union recognizes that it is the right of the Employer to exercise the
generally recognized regular and customary functions of management and
to direct its working forces. The Employer agrees not to exercise these
functions in a manner inconsistent with the provisions of the Collective
Agreement.

How are these collective agreements (collective contracts) fair contracts? Why did not the CUPE union rep not respond to my question? My hypothesis is that–he could not. The term is a cliche for union reps, used to justify their activity of limiting their criticism of an employer to–an employer. They do not question the power of employers to direct workers in general but only wish to limit that power.

For a collective agreement to be fair, it would be necessary to show that managerial power to direct work forces as it sees fit (subject to the collective agreement) is fair. Where is there such a justification?

Where is there a fair contract? Can union reps provide examples of such a contract among regular workers? I would like to see such an example so that I know what they are talking about. Would you not like to see some examples so that we have a target that we can aim at?

This idea of a fair contract is, frankly, bullshit. It does not deal with–and cannot deal with–the daily lives of workers in unionized environments. Workers are subject, in various ways, to restrictions on their lives. How is that fair? The power of managers to dictate what to do, when to do it, how to do it and how much to produce (legally although certainly not always factually) leads to various kinds of injustices–up to and including the injury and death of workers.

Another “conversation” I had (really, a monologue–such is democracy these days) was about a 57-year old man, Enrico Miranda, who was killed in a capitalist factory (Fiera Foods) here in Toronto. He had been working for a temporary-worker agency for about ten years, five of which were for the industrial bakery Fiera Foods, located in As Mr. Miranda cleaned a machine, he was crushed by it and died.

A community organization called the Jane and Finch Action Against Poverty (JFAAP), located in the Jane and Finch neighbourhood of Toronto (one of the poorest neighbourhoods in Toronto), organized a rally (along with some union members) to protest the fifth killing of temporary workers at the capitalist factory in the past 20 years. (The factory is located about six kilometers from Jane Street and Finch Avenue, in North York, Toronto, Ontario, Canada.) Seventy percent of its workforce consists of temporary workers. Many are hired through temporary agencies.

In Ontario, when temporary workers are injured on the job and are employed by temporary agencies, the premiums of employers who hire workers from temporary agencies and who pay into workers’ compensation are unaffected since they are not considered to be the employer but rather the temporary agency. It is, in effect, a way of avoiding to pay higher premiums in the case of injuries to workers.

On their Facebook page, JFAAP posted:

Posted @withrepost • @mayworkstoronto Another temp worker death at Fiera Foods. The 5th worker killed while on the factory floor of this company. Up to 70% of this company’s workers are temp workers, twice as likely to be injured on the job as full employees. Fiera has had more than 150 health and safety violations. When Enrico Miranda was killed last week, Fiera Foods did not even stop production. Under Canada’s Criminal Code, Fiera Foods should be held criminally responsible. ‘Kill a worker, go to jail.’ #canlab #fierafoods #onpoli
Funeral fund to support the family: https://www.gofundme.com/f/funeral-help-for-tay @ Fiera Foods

I made the following comment:

Fred Harris “Kill a worker, go to jail”: a fitting slogan, but how is it going to be achieved? It would require much more power than at present among communities and the working class. How, for example, to prevent the whittling down of legislation to make corporations criminally responsible for deaths (see Stephen Bittle’s work on the whittling down of such legislation after the Westray mine deaths).

The response was–silence. It is all very good to make demands that are needed by people, but unless we can find a way of actually realizing such demands, they are mere wishes. The social-democratic left often resort to such wishful thinking rather than facing up to the power required to realize certain demands. That power is–class power, not just “community power” (although the two could go hand in hand).

In another post, JFAAP posted:

No photo description available.

My comment: Fred Harris Fiera certainly should be criticized, but are all these “accidents” due to the use of temporary workers? Could they not be the result of a combination of the use of such temporary workers and the more general fact that workers are things to be used by employers? By the fact that workers are “costs” (with a price) for employers?

Or are the approximately 1,000 deaths at work in Canada mainly due to the use of temporary agencies?

Also, can labour laws ever really protect workers in the context of a society driven by the pursuit of profit?

The response was–silence.

JFAAP’s response reminds me of all those movies and television programs (including Netflix, of course), where there is one or a few “bad cops,” and yet the police in general are treated as good. Fiera Foods certainly is worse as an employer in terms of health and safety than many other employers–but what of all the other employers whose health and safety records are better? Why not criticize them? Why let them off the hook on a daily basis?

This attitude of criticizing a particular employer and not employers as a class (just like the criticism of a particular cop rather than the police as such) can be called “the bad apple syndrome.”

It is much easier to criticize particular employers than it is to criticize employers as a class.

Or are my concerns just the concerns of an “insane” person (as Errol Young, a member of JFAAP, once called me)? Or are my concerns a reflection of the fact that I am a  “condescending prick” (as a representative of CUPE Local 3902, Wayne Dealy, once called me)?

Or is it that both union reps and reps from community organizations refuse to face up to the limited effectiveness of their concepts of justice and fairness? That they refuse to consider the class power of employers and how that situation in general is unfair?

What do you think?