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January 26, 2012 - No. 7

Workers' Movement

Autoworkers Firmly Defend Their Claim on
What They Produce

Workers' Movement
Autoworkers Firmly Defend Their Claim on What They Produce - K.C. Adams
Bell Workers Resist Yet Another Attack on Their Livelihoods - Christine Nugent
Open Letter from Fraser Papers Retiree and Victim of Brookfield

In Defence of the Rights of All
Close Guantanamo Bay! Omar Khadr Must Be Returned to Canada! End Rendition and Other Acts of Torture - Dorothy-Jean O'Donnell


Workers' Movement

Autoworkers Firmly Defend Their Claim on
What They Produce

Part One

Autoworkers proudly claim a portion of what they produce. The value they claim as wages, benefits and pensions is theirs by right as producers of value in the automotive industry. Autoworkers' work-time adds value to the vehicles they produce; they have a right to claim a Canadian-standard portion of that value.

Executive managers of the big three automakers slander the claim of autoworkers on the value they produce as "a cost of production." This gross insult has a simple motive: to justify a reduction of autoworkers' wages, benefits and pensions. Autoworkers point with honour to the work they do as the source of all value for those involved in the industry. How could their claim on the value they produce be considered a "cost of production"? That is such self-serving rubbish! Without the work of autoworkers, there would be no value to distribute. There would be no value in the form of wages, benefits, pensions, interest payments to the moneylenders, dividends or equity profit to owners of capital, salaries and bonuses for executive managers, retained earnings for reinvestment or taxes for governments.

Autoworkers are the source of the value that is divided amongst all claimants in the auto sector. The total value to be claimed is determined by the work-time of autoworkers. Switching around the amounts that each claimant takes out of the whole does not change the total amount of value autoworkers create; it merely changes the ratio in which the value is divided.

Executive managers at Chrysler, Ford and GM say that the claim of autoworkers on the value they produce has to be reduced to make the companies more competitive. What nonsense! Moving around the different claimed portions of the total value autoworkers produce does not make a company more competitive. It simply changes the ratio in which the total value is divided. Stealing wages from workers so investors can claim more does not make a company more competitive; it merely means certain claimants receive a greater portion of the value while the actual producers of value, the working class, receive a smaller portion.

Autoworkers were not born yesterday nor did autoworkers just start negotiating their claim on what they produce. They have been doing this for a century and have learned from direct experience that in the final analysis executive managers, who represent certain vested moneyed interests including their own salaries and bonuses, will say and do anything to reduce the claim of autoworkers on what they produce so that the vested moneyed interests they represent can claim the portion taken from autoworkers. All the bluster of executive managers, their political representatives and flunkies in the mass media regarding the working class boils down to the same thing: take away some of the claim of autoworkers in the form of wages, benefits and pensions on the value they produce and give it to other claimants.

Extortion Is a Crime -- Time for a New Direction for the Economy

Auto executive managers have unleashed a propaganda campaign prior to worker/management contract negotiations that begin later this year. They are camouflaging a planned money grab on the portion autoworkers claim as a need for workers to give up wages and agree to "profit sharing" and to "connect" their claims "with productivity, positioning and competition." Chrysler Group CEO Sergio Marchionne even goes so far as to say the present wage, benefit and pension structure is an "outdated entitlement notion." According to Marchionne, wages, benefits and pensions are not legitimate claims on the value workers produce but "outdated entitlements." What slander! He has the impudence to tell autoworkers to give up these so-called "entitlements" and replace them with management controlled pie-in-the-sky "profit sharing connected with productivity, positioning" and some concocted "competition" with workers in faraway places who have been beaten down so badly they can barely drag themselves into work to produce value for privileged parasites whose greatest chore in life is to cash in their investment coupons. And worse, he has coupled these demands with threats to close factories if autoworkers do not capitulate.

Workers say no to these executive managers and anti-worker sycophants in politics and the mass media -- autoworkers are having none of it! Forget the capital-centred jargon; it's as worthless as anything else that comes out of the mouths of the "captains of industry" these days. They are fanciful words to cover a dark attempt to panic autoworkers and extort concessions from them to fatten the pockets of a privileged few.

Canadian autoworkers are not so easily duped and frightened; they refuse to be intimidated. Workers realize that if they give in to threats and extortion and agree to abandon their claims on the value they produce, the country will end up in total chaos and crisis where only a relative few will be able to afford the vehicles autoworkers produce and most will live in constant insecurity. Extorting concessions from workers with threats to relocate industrial facilities and slandering workers as "costs of production" are crimes that must not pass! The words and criminal actions of executive managers are forcing workers and their allies to organize and demand a New Direction for the Economy that favours public right not monopoly right. Manufacturing yes! Nation-wrecking no!

Autoworkers demand nothing less than what is theirs by right from the value they produce: Canadian-standard wages, benefits and pensions and security of employment. Anything less or anything else is unacceptable. Concessions are not solutions!

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Bell Workers Resist Yet Another Attack on
Their Livelihoods


Bell workers rally in Ottawa, April 1, 2011.

The January 25 announcement that Bell Canada has taken up yet another reorganization of their monopoly that affects the jobs of 400 Bell workers in Ottawa and Toronto resonates with all Bell workers who have faced similar attacks on their right to a livelihood over the past two decades and all those presently working whose right to job security is threatened by these developments.

In March of last year, Bell laid off more than 100 unionized clerical employees in Ottawa. Some of these members had 30-plus years of service in the company and were only months away from retirement. The Communications, Energy and Paperworkers Union of Canada (CEP) Local 6004 has seen Bell relentlessly cut unionized staff over the last three years, reducing the original members from 1,400 by almost half after this last round.

We stand shoulder to shoulder with these workers as they organize to fight for their rights.

These recent job cuts and the intolerable forced relocation of employment will affect 300 clerical employees and 23 technicians whose jobs will be moved from Scarborough and downtown Toronto to the Bell campus in Mississauga as Bell consolidates its call centres there. For the 65 workers in the Ottawa call centre to stay employed, they too will have to re-locate to Mississauga.

To disinform people and throw the workers off guard, Bell spokespeople told the media that Ottawa workers will have the opportunity to find new positions at Bell. This sort of deception serves to mask the violence unleashed on the workers. They have two months to find such a job "opportunity" before their last day. Furthermore there is no mention of the necessary training being provided to guarantee employment in a new position.

Michelle Arruda is the President of CEP Local 6004 which represents two bargaining units in the telecommunications sector, with some 1,100 members throughout Ontario. She ridiculed Bell's PR, pointing out that job postings in Ottawa only occur once every two months.

Many workers will only receive severance monies which will complicate their seeking re-training and employment insurance. Furthermore, the company's offer of early retirement -- the same offer made to many Bell workers over the years as they are squeezed out of their jobs just months before qualifying for a full pension -- can deprive workers of being able to retire with dignity. Workers and their unions in these situations must continue to be vigilant in their struggle to survive these attacks and demand that governments do their duty to ensure the supports they deserve are provided.

"We continue to see companies, such as Bell Canada, moving work anywhere they like -- including out of the country -- to increase their bottom line. It's time for governments at all levels to take responsibility and stand up for their constituents and their families," said Barb Dolan, the Ontario Administrative Vice-President of CEP.

The criminality of this recent action against the workers is magnified by the November 28, 2011 Ontario Labour Relations Board (OLRB) ruling which denied the union's legal challenge of Bell Canada's decision to phase out the workers' post-retirement benefits. This will affect workers who retire beginning January 31, 2012.

This ruling came down at the same time as Bell Canada Enterprise profits soured in the third quarter of 2011 and CEO George Cope stated in the press, "I don't think we've ever been better positioned in all segments for the fourth quarter, and we have a clear path to dividend growth for 2012."

At whose expense? Who produces the wealth and who should have first claim on it?

While the wealth in the telecommunications industry is produced by the communications workers, the working class, small businesses and farmers face exorbitant pricing for their telecommunication needs, including telephone services, wireless communications, high-speed Internet, digital television and other services.

The value workers produce is always more than they claim. Workers' wages, pensions and benefits exist in relation to profits, in that both come from the same pool of added-value. Paying workers less becomes a direct benefit to owners of capital as workers still do their work and produce value but the size of their claim is smaller.

Bell workers have been fighting to retain their jobs and improve the conditions of the unorganized workers. In July of last year, an attempt to organize the 1,500 Bell Mobility call centre workers in Mississauga resulted in a 52 per cent no vote. During the campaign the union was forced to launch complaints with the OLRB against Bell's interference with their right to organize the workers.

In June 2011 Bell's plans to move 125 jobs out of London was met with a protest by labour activists from several unions outside its London offices.

Patti Dalton, President of the London and District Labour Council stated at that time, "Bell represents the kind of corporate thinking that is hurting communities like London. Bell Canada has a responsibility to the community to retain good union jobs, and I really think they need to be taken to task on this."

"They are making huge, huge profits. The average CEO's salary, during the worst of the recession, which is far from over, was $6.6 million," she added.

The Workers' Opposition demands that governments put a stop to this theft of workers' rights to their livelihoods and to retire with their full pension and benefits after years of producing wealth for these corporations.

* Christine Nugent is a former CEP union steward and one of the 2,400 unionized Bell operators whose work was outsourced to a non-union U.S. company in 2000.

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Open Letter from Fraser Papers Retiree and
Victim of Brookfield


The New Brunswick Victims of Brookfield Association held a meeting, January 12, to elaborate their 2012 fight-back
plan. Their counterparts from Quebec did the same on January 20. The Victims of Brookfield suffered a loss of
35.4-40 per cent of their pensions due to the bankruptcy proceedings of the former Fraser Papers.

TML Daily is posting below an open letter originally published on the website of the Communications, Energy and Paperworkers Union of Canada on January 24. The letter is from Rémi Séguin of Thurso, Quebec, who is a Fraser Papers retiree and a member of the group Victims of Brookfield. This group of retirees is fighting against the theft of their pensions by Brookfield Asset Managment, which took over Fraser Papers in 2009 and restructured it under bankruptcy protection, during which it used the Companies' Creditors Arrangement Act (CCAA) to shaft the pensioners.

***

I sympathise with White Birch Paper retirees. Let me tell you what I went through with the CCAA.

I worked for 39 years at the Thurso paper plant. I worked both the night shift and the day shift and this was detrimental to my health. Now that I have retired and should be able to derive some benefit from all those hours spent fighting off sleep, the Ontario Court of Justice has deprived me of that entitlement in the interest of a multinational company.

Background:

On January 6th, 2009, the Brookfield Asset Management company, which already had a controlling interest (60%) in Fraser Papers, acquired 16.3 million common shares and 81.5 million stock purchase warrants worth $120 million which gave it a 75% interest in Fraser Papers. Six months later, yes only six months later and after buying $120 million worth of stock, Brookfield Asset Management asked the Ontario Court of Justice to place Fraser Papers under bankruptcy protection and the Court agreed to do so. Strange!

The Fraser Papers plant in Thurso was sold to Fortress Paper. The Fraser Papers plant in New Brunswick which, according to Brookfield Asset Management, was not profitable was placed under bankruptcy protection by itself. Today, the controlling owner of the plant is still Brookfield but the plant is running under the name Twin Rivers. Strange!

The Thurso paper plant managed by Fortress has suddenly become profitable and the Twin River Papers plant in New Brunswick, managed by none other that Brookfield, the company that filed for bankruptcy protection on its behalf in June 2009, has also suddenly become profitable. Strange!

The Ontario Court of Justice has condemned us, the retirees, to pay for part of the debts of Fraser Papers with our pension fund. Let it be quite clear that this reduces our income by about 40% for the rest of our lives. Imagine having your salary cut by 40% overnight with no hope of ever seeing it increase again while expenses such as taxes, electricity, gas, etc. keep increasing. And all this in order to pay off creditors such as banks! Strange!

Today, while Brookfield Asset Management, which by the way has a portfolio of $150 BILLION, continues to make millions of dollars of profits at its Twin Rivers plant, we also have become victims of Brookfield. We have had to say goodbye to our well-deserved retirement dreams, our leisure activities and our children's inheritance.

Unfortunately, justice is such that it gives the rich the right to use the laws to steal from the less fortunate.

For further information:

Rémi Séguin
Brookfield victim
Thurso, QC
819-985-1600
remyseg@gmail.com

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In Defence of the Rights of All

Close Guantanamo Bay!
Omar Khadr Must Be Returned to Canada!
End Rendition and Other Acts of Torture

January 10 marked the tenth anniversary of the opening of Guantanamo Bay as a detention centre for people captured by the U.S. military in Afghanistan. As of now, 171 human beings remain in this notorious dungeon of the Empire.

January 22 marked the third anniversary of the promise by U.S. President Barack Obama that he would close Guantanamo within a year, just two days after his inauguration in 2009. Yet another failed promise and a predictable one given that on October 28, 2009, Obama signed into law the National Defense Authorization Act for Fiscal Year 2010 (NDAA). Ostensibly a law pertaining to military and national security funding, it also placed substantial obstacles to the closure of Guantanamo. Obama signed the law while expressing "reservations" together with the claim that his administration would not utilize some of the more draconian provisions of the Act which permit indefinite detention of U.S. citizens and provide a legal framework for other torture camps like Guantanamo. Obama gave up even these reservations when he signed an executive order on March 7, 2011 authorizing the continued indefinite detention of those held in Guantanamo. On December 31, 2011, President Barack Obama signed the NDAA for the 2012 fiscal year. The law not only allocates $662 billion to the defence sector but also permits the indefinite detention of "terrorism suspects" without charges being laid and the imprisonment without trial of U.S. citizens. The NDAA also allows terrorism related cases to be moved from the jurisdiction of the FBI and the civil justice system to that of the military.

January 2012 also marks three months after the date by which Omar Khadr was permitted to return to Canada.

Khadr was a 15-year old youth when he was shot and captured after a firefight in Afghanistan in which he and U.S. soldiers were said to be engaged. After more than nine years of detention at Guantanamo, during which time he was subjected to all kinds of abuse and torture, in the fall of 2010 Khadr "pled" to certain offences in return for a further eight year sentence and "assurances" he could return to Canada to serve the remainder of his sentence after one more year in Guantanamo. In the days leading up to the "plea agreement," the Canadian government communicated on October 23, 2010 that it was "inclined to favourably consider" a request by Khadr to serve his sentence in Canada. Having served the first year of his eight-year sentence by October 2011, Khadr's lawyers made the application that he be transferred to Canada. Three months later there has been no movement towards his repatriation. He continues to languish at the Guantanamo Bay military base along with 170 other detainees.

Prior to this, Khadr won at least two Supreme Court of Canada filings that his Charter rights had been violated by the Canadian government in its dealing with him.  The government appealed these decisions. Ultimately the Supreme Court upheld the findings that Khadr's rights had been violated but confirmed that the executive power has the prerogative to deal with foreign affairs so long as it does not violate international conventions such as the Geneva Convention which prohibits torture under all circumstances. What the Supreme Court said was that for reasons of state the polity cannot be informed about issues which concern the security of the state. Therefore, nobody can advise the Prime Minister how to conduct the affairs of the state. 


Students at the University of Alberta are organizing a campaign to Bring Omar Khadr Home! On January 7, about 100 people participated in a rally at the Alberta Legislature calling for the repatriation of Canadian citizen and child soldier Omar Khadr and the closing of Guantanamo Bay detention camp where he has been imprisoned for
over nine years.

It is notable that a Canadian public opinion poll in January 2009 found that 69 per cent of those polled supported the immediate repatriation of Khadr to Canada.

It is a matter of great concern that maximum pressure be brought to bear on the Canadian government to follow through on its commitment to "favourably consider" Omar Khadr's return to Canada. This is not simply an administrative procedure to be carried out behind closed doors.

At the same time, Canadians should strongly support the international campaign to close Guantanamo Bay and end rendition and other acts of torture.

A January 11 editorial concerning Guantanamo Bay in the Washington Post described the last decade as "a shameful period in the history of the United States and a stain on our national conscience."

The day before, on January 10 the U.S. radio program "Democracy Now" interviewed the former Chief Prosecutor at Guantanamo Bay Morris Davis who described the last ten years as being "an unfortunate decade." He noted that former U.S. Presidential candidate John McCain and five U.S. Judges have declared waterboarding to be torture. He also commented that the U.S. guarantees free speech only for "those who have nothing to say."

Morris Davis was the Chief Prosecutor of the first Military Tribunal at Guantanamo Bay which was struck down by the U.S. Supreme Court in the case Hamdan v. Rumsfeld. Davis was dismissed for public comments he made following that ruling. Speaking of the first tribunal, the U.S. Supreme Court found that "its structure and proceedings violate both the US Code of Military Justice and the four Geneva Conventions of 1949." Davis was dismissed in October 2007 when it was reported that he said he was "not going to take orders from the guy who said waterboarding was A-Okay."

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