Labour power among the rank and file

 

June 13, 2014 http://rankandfile.ca

AC_pension_workers

ByDavid Bush

For the first time in Canadian Labour Congress (CLC) history an incumbent presidential candidate was defeated. The house of labour has its first new president in 15 years, but what does that really mean for the labour movement?

Newly elected Hassan Yussuff used increasingly militant rhetoric throughout his campaign and began to speak about the need for more grassroots organizing, a change from former CLC president Ken Georgetti’s conservative approach to membership mobilization. Yussuff’s campaign was, no doubt, influenced by the rhetoric coming from Hassan Husseini’s presidential campaign, which was focused on restoring workers’ power at the CLC. For those who are concerned about rebuilding the trade union movement and empowering workers to engage in collective struggle, this change can be nothing but positive.

However, the change possible as a result of new leadership is limited. Many on the left, from social democrats to the far left, cling to a narrative that says those at the top dictate the direction of the labour movement. This can lead to problematic conclusions such as believing a new leader will bring about a new day for labour, or that weak leaders are holding the workers’ movement back.

Yes, we need better leaders; leaders who are willing to use their bully pulpit and open up the space for action. And yes, we need to organize to win local and national leadership contests on progressive terms. But in the absence of an organized rank and file willing to seize these opportunities, even the most radical labour leadership can do little.

Perhaps the most compelling story of the importance of grassroots organizing comes from the Chicago Teachers Union; its inspiring defense of public education was made possible by grassroots activists. Facing a conservative union leadership, teachers organized through the Caucus of Rank and File Educators began to organize a network of progressive teachers that eventually won leadership. CORE remained active and helped push their union towards a very strong strike mandate: of the 90 per cent of CTU members who voted, 98 per cent were in favour of striking. The successful strike reinvigorated activists in Chicago to fight against neoliberal policies that affect both schools and communities.

In Canada, despite union density remaining somewhat stable, the Canadian labour movement faces a challenging situation. The employer offensive has put unions on their back foot. We have seen an increasing number of lockouts, a higher frequency of legislative attacks, a pattern of concessionary bargaining at the table and a decline in days lost to strikes.

Objective economic and political factors explain the weak position that unions find themselves in: the decline of manufacturing, the restructuring away from larger workplaces (which are and have been bastions of high unionization), the growth of the service sector, the decline of the American labour movement, the ideological shift towards neoliberalism and so forth. But there are also subjective factors such as a move away from devoting resources to organizing, the entrenchment of a servicing culture within unions and the inability of unions to mobilize their membership around political goals beyond their own workplaces.

Union administration is often seen as a layer of individuals whose social position within the union structure leads them to be more conservative, no matter how great or progressive they are on an individual level. Analyses can collapse into simply blaming the bureaucracy: elected officials and staff are motivated to rein in the class struggle in order to preserve the material benefits and political voice their position affords them. The nature of their position also separates them from the day-to-day concerns on the shop floor.

This analysis doesn’t acknowledge deeper structural realities of trade unions in our society.

The trade union movement is the product of a deeply unjust and unequal economic system called capitalism that aims to squeeze as much profit from workers as possible. Unions were formed to defend and increase what little power workers had through collective action. Through many hard fought battles, labour activists won collective legal rights. This allowed unions to entrench more gains at the bargaining tables but it also created the conditions for the growth of bureaucratic structures to regulate and manage labour relations under the new and increasingly specialized legal framework.

To understand the trade union bureaucracy as only a layer of individuals whose social position is divorced from the rank and file rather than a structural product of the class struggle opens the door for a less than helpful understanding of the problems facing unions. It is not a matter of union leaders and bureaucrats simply holding back the union movement. In this regard, a certain leftist criticism of the union bureaucracy begins to dovetail with a very conservative reading of how change is enacted: everything focused on the top.

We must start to think about how change happens in the union movement.

Last February, when a UPS worker in Queens, New York, was unfairly fired, a union briefing turned into a wildcat strike of 90 minutes. After the wildcat, UPS made their intentions clear to fire all 250 workers involved, and started firing workers at random. Thanks to intense organizing, enough pressure was placed on UPS by their clients and other unions that they were forced to re-hire all threatened workers.

As Sarah Jaffe notes, “the wildcat action had to be backed up with organizing both inside the union and within the community.” Indeed, the militancy of the membership, and their willingness to place their jobs on the line to save a colleague’s won the day.

As  a good friend of mine once told me, those who want the labour leadership to simply call for the most militant of tactics without actually doing the work of creating the conditions for this happen ourselves, want to substitute the power of workers for the pronouncements of leaders. You want to wildcat, go on general strike or occupy your workplace? Great, but if we can’t win that argument in our own workplace then why should we expect leadership to do the heavy lifting for us?

To make the union movement a stronger force for the whole working class, we must move beyond expecting leaders and bureaucrats to lead the charge, or blame them when militancy fails to materialize. The left must organize to empower the widest layer of workers to take action to better their lives. This means actively engaging with all unions, regardless of if they are deeply conservative.

Scapegoating the labour leadership for a variety of collective failures won’t turn the tide of the attacks. The only way we can begin to challenge the forces lined up against it is to reach out to and empower the broader working class to fight back.

This can only truly happen if rank and file activists organize from the bottom up.

This piece was first published on Rabble.ca

Internet users’ privacy upheld by Canada’s top court

Internet providers can’t provide customer names and addresses to police without a warrant

CBC News  Jun 13, 2014

Canadians have the right to be anonymous on the internet, and police must obtain a warrant to uncover their identities, Canada’s top court has ruled.

The landmark decision from the Supreme Court Friday bars internet service providers from disclosing the names, addresses and phone numbers of their customers to law enforcement officials voluntarily in response to a simple request — something ISPs have been doing hundreds of thousands of times a year.

It also means parts of the cyberbullying and digital privacy bills that are currently before the House of Commons may be unconstitutional.

Friday’s decision concerned the case of Matthew David Spencer, of Saskatchewan, who was charged in 2007 and convicted of possession of child pornography after a police officer saw illegal files being downloaded to his IP address — a series of numbers representing the internet identity of a device such as a computer.

The police officer went to Spencer’s internet service provider (ISP), Shaw, and asked for the real identity of the customer attached to the IP address. The police officer did not have a search warrant, but was given subscriber information for Spencer’s sister, allowing police to track him down. 

Spencer appealed his conviction, arguing that the search was unconstitutional and his rights were violated.

The Saskatchewan Court of Appeal ruled there is no reasonable expectation of privacy for basic internet subscriber information, prompting Spencer to appeal to the Supreme Court of Canada.

The Supreme Court disagreed that there is no reasonable expectation of privacy for the data obtained by police.

“In my view, in the totality of the circumstances of this case, there is a reasonable expectation of privacy in the subscriber information,” Supreme Court Justice Thomas Cromwell wrote.

“The disclosure of this information will often amount to the identification of a user with intimate or sensitive activities being carried out online, usually on the understanding that these activities would be anonymous.”

Warrantless search ‘unreasonable’

He added, “A warrantless search, such as the one that occurred in this case, is presumptively unreasonable. The Crown bears the burden of rebutting this presumption.”

Although the Supreme Court set limits on when internet providers can disclose customer information, it dismissed Spencer’s appeal.

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The Supreme Court of Canada says in a decision released Friday that internet users have a right to privacy pending a search warrant. (Shutterstock )

It said police should have obtained a warrant before asking Shaw for the customer information. But it also said police acted reasonably and in good faith, so the administration of justice would be impaired if the evidence gathered by searching Spencer’s home in this particular case were thrown out of court.

The top court decision means Spencer would be subjected to a new trial, on a charge of making child pornography available to others.

The Canadian Civil Liberties Association said in a statement that the Supreme Court decision clarifies “a point of long-standing disagreement between privacy advocates and law enforcement authorities” – whether Canada’s Personal Information Protection and Electronic Documents Act allows police to obtain subscriber information without a warrant. The act governs how the private sector gathers and handles personal information. 

The Supreme Court’s ruling that a warrant is required “confirms CCLA’s view that PIPEDA is legislation to protect privacy, and cannot be used to undermine it,” the association said.

The CCLA launched a challenge in May to have parts of PIPEDA declared unconstitutional. It said the new Supreme Court decision may play a “significant role” in the challenge.

‘Huge victory for internet privacy’

Michael Geist, a professor of internet law at the University of Ottawa, called the Supreme Court decision a “huge victory for internet privacy.”

The decision means that the common police practice of obtaining information about customers from internet service providers simply by asking for it must stop, he wrote in a blog post Friday.

“This means ISPs must change their practices on voluntary, warrantless disclosure,” he added.

The decision could also affect two federal government bills, rendering parts of them unconstitutional:

  • Bill C-13, which is intended to crack down on cyberbullying, but includes provisions that would give police easier access to the metadata that internet service providers and phone companies keep on every call and email from their customers.
  • Bill S-4, to be known as the digital privacy act, would update the Personal Information Protection and Electronic Documents Act that governs how the private sector handles private information. It includes provisions that also make it easier for police to obtain basic subscriber information without a warrant.

Government reviewing decision

The government is reviewing the decision, said Bob Dechert, parliamentary secretary to Justice Minister Peter MacKay during question period Friday.

“In addition,” he said, “we’ll continue to crack down on cyberbullies and online criminals who work against and make our children and all Canadians unsafe.”

A spokesperson for Industry Minister James Moore, who introduced the digital privacy act bill in April,  told CBC News that his office is also reviewing the Supreme Court decision.

Meanwhile, opposition MPs said the ruling was no surprise.

NDP House leader Peter Julian said, also during question period, that the NDP and privacy experts had warned the government all along. 

“And yet Conservatives are steamrolling ahead with Bill C-13, which also allows unconstitutional spying on Canadians,” he said. “When will they finally take a balanced approach that keeps Canadians secure without infringing on constitutional rights?”

Recent reports show that law enforcement and government agencies have been routinely asking Canadian telecommunications companies for information about hundreds of thousands of their subscribers each year without a warrant.

Rogers Communications released a report last week showing that it received almost 175,000 requests for information about its customers from government and police agencies last year.

In March, the Chronicle Herald newspaper in Halifax reported the Canada Border Services Agency alone accessed telecom customer data almost 19,000 times in one year — and without a warrant more than 99 per cent of the time.

In 2011, the Canadian Wireless Telecommunications Association reported to Canada’s privacy commissioner its members received 1.2 million requests for customer information in one year and disclosed information about 780,000 customers. 

Kootenay Economy Appears To Be Gaining Strength, However Serious Concerns Remain

 

According to the 2014 BC-Checkup, a benchmark study of the province’s economy since 1999 by the Chartered Professional Accountants of BC (CPABC , the Kootenay economy appears to gaining strength, however serious concerns remain that raise more questions than answers.

In regards to the Kootenay development region, the report states:

“In its third year of recovery since the recession, the economy of the KDR appears to be gaining strength. The labour market continued to expand in 2013, and the overall employment level surpassed the prerecession high. The KDR achieved the highest rate of job creation in the province, led by service sector growth in trade, transportation and warehousing, and accommodation and food services employment. Likewise, the unemployment rate fell for the third straight year and is now the second lowest in BC. The continued shift towards full-time employment has improved purchasing power for some. Another positive development is the substantial drop in business bankruptcies.

There are, however, still some areas of apparent weakness in the KDR:

Population loss over the past few years suggests that the region is not an opportune place for all. This outflow may, in part, reflect the shift in labour market demand from goods-producing sector jobs towards service sector employment as individuals relocate to areas where opportunities better match their skills.

-The KDR’s high rate of consumer insolvencies confirms that not all residents have benefitted from labour market improvements.

-Also of concern is the Development Region’s high rate of youth unemployment. The tight job market makes it challenging for young people to remain in the region, and increases the risk of permanent loss of valuable human capital.

-While it is preferable that educational attainment of the KDR’s labour force advances at the same pace as the BC average, attainment levels generally correspond to regional job availability. The KDR labour market does not demand the same level of skills as some jurisdictions in the province.

Looking ahead to 2014, several large projects that have the potential to proceed—the Jumbo Glacier Resort, Teck’s water treatment facilities in Sparwood, the Bingay Main Coal Project, and Phase Two of Teck Coal’s Line Creek Mine—all promise to generate substantial employment and economic benefits in the East Kootenay Regional District. Rising housing starts in the US and demand from China means continued demand for BC lumber. On the supply side, the mountain pine beetle epidemic that has infested much of the wood in the BC interior is threatening the stock of harvestable timber. Interior mill production is slowing as mills scale back or close down.27 The KDR, however, has ample timber supply for its mills and may benefit from soaring prices in the next few years as overall BC production declines. A surplus of coal in world markets combined with slowing growth in China has further reduced coal prices during the first quarter of 2014. Some North American producers have already cut back production and staff. Teck anticipates that production at its coal mines will remain on track this year, but some workforce reductions at its Elk Valley operations are expected as the company is planning to trim its global workforce by 5% to remain competitive.28 It is anticipated that the five East Kootenay operations will remain busy throughout 2014.

However, the most recent seasonally adjusted, short-term trends in labour market indicators are not positive. Employment in the first quarter of 2014 pulled back sharply and is considerably lower than the same period last year. Stats Canada reports that 6,600 jobs were lost (-8.9%) in the KDR between December 2013 and March 2014, pushing the unemployment rate upwards to 7.8%. 29,30 The biggest losses occurred in the construction and trade industries.”

27 Jim Girvan, Murray Hall, Gerry Van Leeuwen, Alice Palmer and Russ Taylor, “BC Mountain Pine Beetle Epidemic: Big Industry Changes Expected by Mid-decade,” Wood Business, Aug 2012.
28 Sygutek, Lisa, “Teck Announces the Layoff of 600 Workers”, Crowsnest Pass Herald, April 23, 2014, Vol. 84 No. 16.
29 Stats Canada, Labour Force Survey Estimates, Employment by Economic Region and North American Industry Classifi cation System, Annual, Table 282-0061.
30 Stats Canada, Labour Force Survey Estimates, by Provinces, Territories and Economic Regions Based on 2006 Census Boundaries, Monthly, Table 282-0054.

Teachers may begin full-scale strike after losing LRB decision on 10 per cent pay cut

Teachers to vote on Monday and Tuesday

By Tracy Sherlock, Postmedia News June 4, 2014 8:28 PM

Teachers across B.C. could embark on a full-scale strike within the next two weeks after a vote next Monday and Tuesday, their leader said Wednesday after the Labour Relations Board ruled a 10-per-cent pay cut would stand.

“Even before the LRB ruling, the BCTF executive decided last night that it’s time to apply the maximum pressure,” said Jim Iker, president of the B.C. Teachers’ Federation. “The vote itself will apply pressure to both sides. There is still time for the government to act to prevent a full strike.”

The Labour Relations Board on Wednesday dismissed the B.C. Teachers’ Federation’s application to declare the employer’s lockout and 10-per-cent wage cut illegal.

“ … Subject to the designation of essential services, the Employer is free to engage in lockout activities including imposing new terms of employment in order to pressure the Union into reaching a new collective agreement,” LRB vice-chairman Richard Longpre wrote in his decision.

“I do not accept the suggestion that once a designation has been issued by the Board and regardless of the scope of that designation, the parties must comply with the terms and conditions of the collective agreement until such time as either party applies to the Board to amend the order.”

The teachers could still refer the measures to arbitration and all decisions of the LRB can be appealed within 15 days.

Teachers have been holding rotating strikes since May 26, with several school districts closed each day. The partial lockout restricts teachers from working during recess or lunch hours, or from arriving at school any earlier than 45 minutes before classes start, or staying 45 minutes after they end, and includes the pay cut.

At issue are wages, class size, class composition and the number of specialist teachers. The employer is offering a 7.3-per-cent wage increase over six years. Teachers on Tuesday reduced their ask by one per cent, now calling for 12.75 over four years. The BCTF also says it moved on several other issues on Tuesday, including benefits, pay for teachers on call and preparation time.

BC Teacher Collective Bargaining: Latest bargaining proposals from the union and the government

http://www.bcpsea.bc.ca   June 4, 2014

Provincial bargaining with the BC Teachers’ Federation resumed on October 30, 2013. Facilitator Mark Brown is assisting the parties.

Employers’ Partial Lockout Notice

Consolidated Questions and Answers on matters related to the BCTF Strike and the Employers’ Partial Lockout

Question and Answers

Backgrounders

For the Record
BCPSEA Responses to BCTF Statements

Proposals

BCPSEA Proposals
BCTF Proposals Tabled June 3, 2014

Discussion/Resource Papers