August 18, 2016
U.S. Steel and CCAA Court Trample on
the Rights and
Dignity of Steelworkers
Control Over Our Lives and Work
Is a Major Issue
- Rolf Gerstenberger -
PDF
Hamilton steelworkers picket outside CCAA Court Hearing in Toronto,
August 17, 2016
U.S.
Steel
and
CCAA
Court
Trample
on
the
Rights
and
Dignity
of
Steelworkers
• Control
Over Our Lives and
Work Is a Major
Issue - Rolf Gerstenberger
• The Height of Hypocrisy
• Letter to the Editor
• Hamilton Steelworkers Distribute Information
Update
U.S. Steel and CCAA Court Trample on the
Rights and Dignity of Steelworkers
Control Over Our Lives and Work Is a Major Issue
- Rolf Gerstenberger -
The events in Canada in
the twenty-first century point to a dominant issue: the Canadian
working class does not have
control over the issues that affect the lives of workers. No matter
what the talk may be of
how Canada is democratic, when things happen that directly affect the
lives of individuals and
their collectives, the people affected feel powerless to control the
events. When workplaces
close; when collectives of workers are downsized; when work is
outsourced; when pensions,
benefits and wages are reduced or eliminated altogether; when
employment and
post-secondary educational opportunities are blocked; when this or that
disaster strikes either
individuals or collectives, how can we speak of democracy for the
people if the people
affected have no control or right to change the situation in any
meaningful way.
When the people have no
control over the economy, over their work and other big issues in their
lives other than to be told to suck it up, fend for themselves and as
individuals make the best of a bad situation, then all this indicates
in a forceful manner that the time is now for democratic renewal. It is
time to bring politics and economics into the twenty-first century;
time for the working people to have control over their lives and work,
and
not be dictated to and controlled by a small clique who act based on
their narrow private interests and
not in the broad public interest for the greater good of the people.
The big issues are easy to identify and most relate to
economic security:
- security of employment;
- security of well-being when unemployed or unable to work for whatever
reason;
- security in retirement;
- security of having quality food, public health care, education and
all the other social
programs and public services necessary in a modern collective society;
- security of knowing that through work and contributing to one's
personal well-being through
work in the socialized economy one is also contributing to society and
the security of all
including oneself under all circumstances.
Without economic security of the person and no capacity
to affect the situation in a
meaningful way, then all talk of democracy and rights is empty chatter.
Canadians live in cities of
considerable size or in regions where natural resources are
exploited. The economy is organized as one huge collective with
interrelated parts. How then
can we look at the individual workplaces as isolated or unrelated from
other workplaces and
the large collective of workplaces? The ruling elite in control want
the working class to think
and view the individual workplaces in competition with each other in
some sort of wild
desperate fight for survival of the fittest. But this is not the Wild
West; this is not the jungle.
The economy is a collective organism and each part of the organism
plays a role in
strengthening the whole; and in that way, the parts of the organism are
strengthened making
the whole greater than the sum of its parts.
At least that is how a modern socialized economy should
work. But it does not, because of
the interference and obstruction of the most powerful companies
fighting to build their private
empires in competition with other empires at the expense the whole. The
striving for empire
weakens the whole and eventually weakens most of the various parts as
they fight with one
another instead of cooperating and sorting out how best to work
together for the greater
good and success of the whole. The result is individual tragedies of
certain parts and recurring
general economic crises and war, where the people pay the price for the
anarchy and
violence.
The working class is the only social force capable of
strengthening the various parts of the
economy and their relations with each other and with the whole for the
greater good. In this
way, the working class can then mobilize the collective strength of the
modern socialized
economy to ensure the security, rights and well-being of all. The issue
of gaining control over
the issues affecting our lives is one of organizing to deprive those
social forces of the power
to deprive the people of their right to control their lives and work.
The working class is the
social force that can bring into being the forms and relations
necessary for individuals and
their collectives to gain control through the power to deprive the
ruling imperialist elite of
their power to deprive.
The Height of Hypocrisy
U.S. Steel and CCAA court trample on
the rights and dignity of steelworkers,
and harm the Canadian economy
Hamilton steelworkers first picketed outside and then
crammed into an Ontario Superior Court of Justice courtroom on August
17, once again to listen to lawyers and Justice Wilton-Siegel act and
speak in ways that do not represent the interests of working people,
uphold their dignity or benefit the Canadian economy. The issue was to
hear a motion to reinstate the post employment benefit rights (OPEBs)
that the Companies' Creditors
Arrangement Act (CCAA) court has unjustly stripped away from
over 20,000 pensioners.
The CCAA judge began the proceedings in a defensive
manner denying that he attacked the
rights of retirees when he approved the CCAA motion of U.S. Steel and
its Chief
Restructuring officer and Monitor to stop paying the OPEBs, which
belong to steelworkers by
right. The judge said repeatedly, as if trying to excuse himself, that
he did not deprive Stelco
pensioners of their legal and longstanding right to OPEBs but merely
approved a motion from
the monitor allowing the company to make a business decision that would
not be allowed
outside the protection of CCAA.
What are steelworkers to think of this irrational plea
of innocence in the denial of their rights?
Why not be done with the hypocrisy and let USS and its monitor,
CRO and other
henchmen and hangers-on dictate directly the demands of their private
monopoly interests to
harm the economy and smash the rights of steelworkers and others?
Canadians would then
clearly see the clash between public right and monopoly right and reach
the appropriate
conclusion that fundamental change is necessary. Canadians would grasp
that the CCAA
process has nothing to do with seeing justice done or restructuring a
viable productive facility
to strengthen the economy in the public interest. Hearing the so-called
arguments is meant to
hide and facilitate the narrow private interests of powerful global
monopolies at the expense
of the Canadian economy, the workers and retirees directly involved,
and many others who
are suffering a loss.
USS and their henchmen's
arguments in court are self-serving, have nothing to do with
solving problems faced by Stelco or the Canadian steel sector and not
even worth repeating.[1]
They simply declare that U.S. Steel is the main creditor and that the
judge should decide all
matters in favour of the monopoly right of the declared creditor. It
matters little that
increasing evidence circulating in the mass media suggest that the
intention of the so-called
main creditor U.S. Steel, right from the purchase of Stelco in 2007,
was to wreck Canadian
steel production especially at Hamilton Works and directly harm the
Canadian economy.
Reports now say that USS deliberately inflated by $123 million the
price of iron ore and coke
that U.S. Steel Canada purchased from mines owned and controlled by
USS. These deceptive accounting practices coupled with transferring
production from its Stelco subsidiary
to USS plants in the
U.S., and the deliberate organizing of lockouts and smashing of
production are considered to
be part of a campaign to make Stelco appear to be losing money and in
need of bankruptcy
protection when in fact the steel mills in Canada are viable and
profitable when well
maintained and producing properly. The hypocrisy, injustice and damage
to the economy and
to Canadians and public right are becoming clear for all to see. The
federal and Ontario
governments appear impotent, shameless and anti-Canadian for their
inaction in defending the
public interest and rights of Canadian workers, and refusal to uphold
their social responsibility
to put an end to this travesty.
Information Update
70th anniversary issue was distributed outside the
court hearing.
|
On the issue of
negating retiree rights to post-employment benefits, steelworkers
through their
unions negotiated those benefits with Stelco years ago in exchange for
their capacity to work.
They upheld their end of the agreement by working and producing steel
value during their
working lives. Stelco, its successor U.S. Steel and the federal and
Ontario governments are
obligated to live up to the agreement as a right of steelworkers and
the relations of production
presently in place in Canada. To negate that right is to bring into
question the entire
arrangement between these global monopolies, governments and the
Canadian working class.
If the monopolies and governments are unwilling to recognize workers'
rights and the solemn
agreements in exchange for their capacity to work, and the necessity to
accommodate the
modern right of Canadians to a viable economy that provides them
security and well-being,
then obviously new arrangements in the relations of production are
necessary. The Canadian
working class cannot and will never tolerate attacks on their rights,
security and dignity, and
any betrayal of legal agreements.
Steelworkers are not demanding charity; they only want
what is theirs by right. They are not
demanding the impossible; they are demanding that the problems in the
Canadian steel
economy be recognized as they exist and resolved in a manner that
serves Canadians, their
economy and the public interest and not used and hidden behind a fraud
dictated by
imperialists in New York and Pittsburgh serving monopoly right.
Restore the OPEBs!
Down with the CCAA Fraud!
Uphold the Rights and Dignity of the Working Class!
Monopoly Right No! Public Right Yes!
Keep Stelco Producing!
Keep Canada Producing!
Note
1. U.S. Steel Canada filed a
Responding Motion to the motion to
reinstate OPEBs on August 17 primarily consisting of the sworn
affidavit of William Aziz. Aziz is the President of BlueTree Advisors
II Inc., and in that capacity has been appointed "Chief Restructuring
Officer" for U.S. Steel Canada. To read USSC's arguments click
here.
Letter to the Editor
This is Local 1005's
second experience with the Companies' Creditors Arrangement Act (CCAA)
and
many
things
can
be
said
about
the
process.
One
of
the
points
is
that
anything
can be said
during this process, no matter how ridiculous.
Section 68 of the U.S. Steel Canada (USSC) response
factum to the motion by United
Steelworkers (USW) to restore steelworkers other post-employment
benefits (OPEBs) states:
"USSC is concerned about the many OPEB Beneficiaries who are affected
by the suspension
of the OPEB Benefits."(!)
USSC used the CCAA court to
strip over 20,000 retirees,
spouses and survivors of their
OPEBs on October 9, 2015. The union and the salary group have been
trying to get the
OPEBs reinstated. For Local 1005 these are benefits that the union has
fought for over more
than 70 years, and they are part of a legally binding contract covered
by Ontario labour law.
To cover up this "legalized theft" of benefits, various
mechanisms have been concocted to
make it seem that "someone cares" about the "beneficiaries," like the
Transition Fund to
supposedly lessen the impact of having the benefits taken away.
It is one thing for the Province to say they are
"concerned" about the beneficiaries. But if
they were really concerned they would enforce labour law and force USS
and USSC to pay
the full legally-binding benefits.
But it is the height of hypocrisy for USSC to declare
that they are concerned about the
beneficiaries, when they are the ones who stopped paying the benefits.
(signed)
Hamilton Steelworkers Distribute Information Update
As part of the regular
work of informing the Hamilton community about their fight in defence
of their rights and the
rights of all, active and retired steelworkers held an information
picket on August 8 at the
corner of King and James St. They distributed the July 29 issue of the
Local 1005 newspaper Information Update marking the 70th
anniversary of the
union. Steelworkers'
experience with the courts and governments has demonstrated that the
fight takes place first
and foremost in the court of public opinion and for that reason have
made sure the people of
Hamilton are informed during the entire fight against the Stelco and
U.S. Steel CCAA
frauds.
To read Information Update online, click
here
and
contact Local 1005 at uswa1005.ca to request copies.
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