Use of Companies' Creditors Arrangement Act
Against Steelworkers
• Exposure of CCAA as Legalized Theft
Who Controls Resource
Extraction and for Whose Benefit
• Saskatchewan Uranium Workers Reel from
Layoffs and Other
Attacks - K.C. Adams
Resistance of Teachers
and Education Workers to Anti-Social Offensive
• Nova Scotia Teachers Vote on Tentative
Agreement - Mira Katz
Fight of Cold Lake
Seniors' Care Workers
• Workers Defend Their Rights and Quality Care
for Seniors - Peggy Askin
• Uphold the Rights of Seniors and Their
Caregivers
Use of Companies'
Creditors
Arrangement
Act Against Steelworkers
Exposure of CCAA as Legalized Theft
Mike Da Prat President of USW Local
2251 at Essar Steel Algoma
writes
an open letter
In his February 3 open letter, Local 2251 President
Mike Da Prat details the history of the three times his membership has
been subjected to the bankruptcy process of the Companies' Creditors Arrangement Act
(CCAA).
Mike shows that the police powers of the CCAA were used
in the
first two instances to make deep cuts to the workforce and
force concessions from steelworkers, a form of legalized theft of what
belongs to workers by right. Those concessions and cuts in
the number of workers were forced without any concern for the
well-being of the workers involved or the impact this would have on
the economy and community of Sault Ste. Marie.
The cuts and concessions
were made to solve a short-term problem
for the oligarch investors in the steel industry, a problem
related to their aim for a constantly higher rate of profit. They were
not made to solve the basic problems confronting the steel
industry, which arise from its socialized nature in contradiction with
its private ownership and control. The socialized nature of
modern industrial mass production demands a modern socialized form of
ownership and control and an aim to serve the actual
producers and the well-being of all members of the country and their
economy and nation-building project.
Mike writes, "Our local union has met with a number of
interested parties including the one that left. Every one of these
parties with the exception of one, wanted to make deep cuts to jobs,
workers, and benefits including some which affect our
retirees.
"Each and every one of them stated that the rationale
for these deep cuts being permanent were to ensure a viable company
into
the future which would survive the next downturn. The rationale of the
bidders is simply a myth to lure workers into making huge
sacrifices for their immediate profit."
Mike shows that each time in CCAA has not produced a
viable company able to survive the next downturn but simply more
legalized theft, crises and attacks on the actual producers, their
community and the Canadian economy. Algoma Steel emerged from
CCAA restructuring in 2001 with workers having been forced to make
concessions and suffer deep cuts to the workforce.
Mike writes of the situation in 2007 during an upswing
in the economy just before the crisis exploded in 2008: "The company
was sold; along with rich dividends the lenders and bondholders made
huge profits. Subsequent to the sale, the company was again
leveraged to the point that when the market dipped the company, now
known as Essar Steel Algoma, had to be restructured.
"In 2013, we gave concessions and in 2015 we found
ourselves in another CCAA. A pattern clearly emerges. There is no long
term
solution. The best that one can hope for is to negotiate to stabilize
the company with snap back provisions and improvements in
language that will allow the employees to prepare for early
negotiations or further CCAAs become necessary due to market
conditions.
"The discussions that Local Union 2251 has had with
interested parties and the proposals tabled by the company are designed
for one thing only. They are designed for an entity to purchase the
assets and then sell them to some other party making huge
profits. In order to do this, they must strip the workers and the
retirees of what they have worked for all their lives." (WF
Emphasis)
Throughout the world, rising
productivity of steel mills has meant
fewer workers producing similar amounts of steel. However,
the increased investment in fixed transferred-value (machines,
computers etc) has put downward pressure on the rate of profit.
Essentially, each ton of produced steel contains more transferred-value
(old already-produced value) from machines and material in
comparison with less new value from active steelworkers. More invested
social wealth gives rise to less profit. Profit only comes
from new value not the old existing transferred-value from machines and
material consumed in the production process. This results
in a drop in the rate of profit, which is the ratio between invested
social wealth and the amount of added-value within the new
value steelworkers produce. The downward pressure on the rate of profit
comes into contradiction with the aim of the steel
oligopolies and their rich investors. Their aim is a constantly rising
rate of profit; their aim is not the production of steel
for nation-building to meet the needs and well-being of the people.
The steel oligopolies and investors have no solutions
to this
dilemma of a falling rate of profit other than attacking
steelworkers and wrecking the economy. The naturally occurring
contradiction of modern socialized production with the narrow aim
for private profit needs real new solutions. To constantly attack the
wages, benefits and pensions of steelworkers and salaried
employees, redistribute assets from one oligarch to another depending
on who has the upper hand in CCAA, and periodically to wreck
the productive forces and begin anew are not solutions.
These attacks are not solutions at all because they
fail to
recognize the basic problem that a completely socialized sector of
the economy such as the industrial mass production of steel cannot be
run without planning and control over supply to meet demand,
and control of the market price for steel within a particular
nation-building economy and project such as Canada, the United
States, Mexico or any sovereign country for that matter. This
contradiction cannot be sorted out unless the actual producers, the
working class, through state institutions can regulate the amount of
steel produced and imported and its market price in
conformity with the apparent demand and the price of production within
their particular sovereign economy. The price of production
must include an average rate of profit and Canadian-standard wages,
benefits and pensions agreeable to steelworkers and salaried
employees.
Who Controls Resource Extraction and for
Whose Benefit
Saskatchewan Uranium Workers Reel from
Layoffs and Other Attacks
- K.C. Adams -
Lack of control of their basic
economy and dependence on resource sales
abroad without investing value at home to
diversify the economy plague the peoples of Northern Saskatchewan and
throughout the Prairies
Workers and local communities in Saskatchewan and the
Prairies
generally are suffering under Canada's economic model of
dependence on raw material exports. The oligopolies in control of the
economy refuse to invest the added-value workers produce in
extended reproduction of the local economies. This failure to diversify
and strengthen the economy of the Prairies leaves it
vulnerable to disruption from factors beyond the control of the working
people.
Cameco Corporation, which controls almost the entire
uranium
sector, has announced layoffs of 120 workers at mines and mills
in McArthur River, Key Lake and Cigar Lake in Northern Saskatchewan.
Those three facilities will continue with reduced production
from 1,100 workers. The current layoffs are in addition to 500 workers
fired last year when the company put the Rabbit Lake
mine-mill into non-operational mode.
The formerly state-owned Rabbit Lake mine opened in
1975 with 600
workers as the world's second-largest uranium mine and mill.
The latest estimate of recoverable uranium is 28 million kilograms
within the dormant mine site of the now privatized operation.
Once workers mine and mill the natural resource it would be worth
billions of dollars. Cameco says 150 workers will keep the
Rabbit Lake mine site and infrastructure operational for a possible
restart "when market conditions and prices recover." In 2015,
workers at the Cameco mines and mills in the Athabasca Basin, including
the McClean Lake mill Denison Mines controls, produced 18
per cent of the world's refined uranium.
Cameco also announced it will attack the working
conditions, wages
and rights of the remaining mine and mill workers. The
company will unilaterally change the work schedules at the remote mines
and make it more difficult for workers to travel to and
from work. It plans to discontinue air service for Cameco employees
from Île-à-la-Crosse, La Loche and Beauval. Workers who
live
in or near those communities will now have to make their own way to La
Ronge or Buffalo Narrows for air service to the mines. One
look at a map shows how difficult and expensive that will be. The
layoffs and schedule and travel changes will force great
hardship on workers throughout the North whose communities are mostly
Dene (Chipewyan), Cree (Woodland) and other Indigenous
Nations and Métis settlements.
Cameco also threatened to
eliminate the
existing 10 per cent allowance for workers in the company's
northernmost operations. In the typical anti-worker lingo of the
financial oligarchy, "the allowance in effect since 2008 is
currently under review to determine if it is still appropriate in the
current labour market." Cameco executives are callously
referring to the current situation where jobs have dried up in other
major sectors of the Prairie economy such as oil and gas
extraction, coal and potash mining, and even forestry, adding to the
insecurity and suffering of laid-off uranium and other
workers and their vulnerability to attacks on their rights.
The international financial oligarchy owns and controls
Cameco through stock listed in New York and Toronto. The current
oligopoly was originally comprised of two state-owned-enterprises
controlled by the Saskatchewan and federal governments. A
torturous sellout through privatization began in 1988.
The institutional owners of the company, who mostly do
not live in Saskatchewan, claim much of the added-value workers
produce. This value mostly leaves the Prairie economy. Some of the
added-value Cameco workers have produced has gone to purchase
other uranium mines and mills in the United States and Kazakhstan and
into gold mining in Kyrgyzstan and Mongolia through a
spinoff company called Centerra Gold Inc. This exported value enriches
the global oligarchs and their empire-building but does
nothing to strengthen the economy of Northern Saskatchewan.
Crisis in the Uranium Sector
Cameco announced the current layoffs and those last
year in the context of a sharp drop in demand and fall in the global
market price for uranium. Exports to Japan were disrupted after the
2011 earthquake/tsunami disaster, which destroyed the
Fukushima Daiichi nuclear power plant controlled by Tokyo Electric
Power Company Holdings Inc (TEPCO). Before the 2011 tsunami,
the global price per pound of uranium was U.S.$72 but has now fallen to
U.S.$26.
This past week, TEPCO declared a force majeure and
cancelled
the remaining years of its Cameco uranium purchase contract
worth $1.3 billion. Cameco rejects the cancellation and is preparing a
lawsuit. The long-term contract stretching until 2028 was
arranged before the tsunami disaster and at prices far higher than
today. TEPCO wants out of the remaining years at the high price
and contracted amount of social product, as its needs for uranium have
not recovered. All 12 of its nuclear plants are now on
shutdown. Only two of the 21 nuclear plants in Japan are currently
operational amid mounting popular opposition to nuclear power
due to the seismic dangers inherent to Japan's geology. Many of the
plants are built over or near active earthquake fault lines
and at sea level for easy access to water such as the Fukushima plant
destroyed by the 2011 tsunami resulting in high levels of
radiation spreading far and wide.
The Issue of Who Controls Resource Extraction and
For
Whose Benefit
The Athabasca Basin, which contains arguably Mother
Earth's richest
and most easily recoverable deposits of uranium, lies
squarely within the traditional territory of the Dene and Cree peoples.
Ancient oral history in the Na-Dené language group (also
known as Athabaskan) describes the geography of the uranium deposits
along with descriptions of how to avoid the most active
dangerous regions. For thousands of years, the zones bearing uranium
where the sandstone surface is thin, and even glow at night,
were variously described as "dead zones" or "no-go areas" that hunters,
foragers and travelers should avoid.
To have a natural resource
controlled and exploited for the
benefit of the global financial oligarchy can only be considered
criminal, backward and intolerable in modern Canada. Those resources
belong to the Indigenous peoples in fraternal cooperation
with the working class of Canada for the mutual benefit of all and the
general interests of society. In addition to providing
employment for the peoples who live in the communities surrounding the
Athabasca Basin, the added-value workers produce through
the mining of the uranium resource should largely remain in the local
economies throughout the North. The enormous added-value
should become the basis for extended reproduction of the economies
throughout the North making them viable, diverse, and as far as
possible self-reliant and capable of surviving disruption in any of the
particular sectors.
As it stands, the bulk of the benefit to the North from
miners producing uranium value is in their claim for wages, benefits
and pensions, the reproduced-value. Reproduced-value, which goes to
sustain and reproduce those particular workers, is never
sufficient for extended reproduction of any economy. Besides, when the
economy is not all-sided and under the control of the
actual producers, even reproduced-value remains uncertain as the
layoffs at Cameco underscore.
The added-value workers produce must mostly be poured
back into the
economy and society and not allowed to leave. The peoples
of the North are deprived of this added-value, which leaves their
communities un- or under-developed and incapable of providing
security and a modern living standard, infrastructure and vibrant
culture for the inhabitants, especially the youth and seniors.
This must change! To gain control over their lives and economy, the
working people and their allies in the North must organize to
assert control over the politics, land, natural resources and the basic
sectors of their economy.
Resistance of Teachers and Education
Workers to Anti-Social Offensive
Nova Scotia Teachers Vote on Tentative Agreement
- Mira Katz -
Teachers rally rejects Nova Scotia government's attempts to legislate
parameters of contracts,
December 6, 2016.
On February 8 and 9 Nova Scotia's 9,300 teachers,
specialists,
administrators, speech language pathologists, school counsellors
and school psychologists who are members of the Nova Scotia Teachers
Union (NSTU) vote on a third tentative agreement reached
between their union and the Liberal government headed by Premier
Stephen McNeil. The previous two were rejected strongly. The vote is
also taking place amidst widespread support in Nova Scotia from
parents,
students and the general public for the stand of the teachers
and educational support staff to improve their working conditions as a
contribution to improving students' learning conditions.
Specifically, the demand of teachers to have the right to negotiate
class sizes and other aspects of the learning environment is
clearly seen as a means to defend public education from governments'
ongoing attempts to under-fund and privatize the system. The
vote also took place in the face of the government of Nova Scotia's
ongoing attempts to force teachers, along with the entire
public sector in Nova Scotia, to accept legislated parameters on what
can and cannot be negotiated, with the threat of imposed
contracts if they do not.
In the lead-up to the vote there has been much
discussion amongst teachers in the media about whether the agreement
reflects
what has been established in public opinion about the importance of
improved working conditions and their connection to learning
conditions. Whatever the result may be, Nova Scotia teachers and
education workers have made an indelible mark on their province
in refusing to give up their demands for improvements in public
education. They have proven that refusing to accept dictate and
fraud is the first step to affirming the rights of all.
Province Steps Up Blackmail
After the tentative agreement was reached on January 20
the union
instructed its members to end their work-to-rule
action which saw teachers focus strictly on their teaching duties
according to the letter of their contracts. However, shortly
thereafter the government threw the entire agreement into doubt,
publicly interpreting one of the provisions in a self-serving
manner that did not reflect the union's understanding of it. This
related to the provision for two personal days which the
government declared publicly would not be able to be used at the
discretion of teachers and support staff covered by the
agreement, something which defies the very notion of personal days.
Despite the fact that many teachers indicated these days were
an attempt to buy them off while not addressing the key issue of class
sizes, they nonetheless saw that even what was agreed to
between their union and the government could not be trusted. In
response, and in spite of the tentative agreement, on January 27
the union resumed its work-to-rule campaign, issuing a scathing press
release under the title, "Teachers have lost trust in
Premier."
University Presidents Collude With Province
On
January 30, just after NSTU members were forced to resume their
work-to-rule campaign the presidents of five of Nova Scotia's
Universities -- Acadia, Cape Breton, Mount Saint Vincent, St.
Francis Xavier and Sainte-Anne -- filed a lawsuit with the Supreme
Court of Nova Scotia against the NSTU and asked that an
injunction be issued to force the province's teachers to supervise
student teachers, something that was not being done as part of
the work-to-rule action. Rather than blaming the government for
undermining the agreement that had been reached the presidents
instead sought to increase the pressure on the teachers to submit. They
did so in the most self-serving fashion, claiming they
were acting to defend student teachers, when in fact it is the
teachers' resistance which is defending their profession.
The teachers, who are in a legal strike position,
refused to submit
and affirmed that it is their right to suspend this
supervision and have rejected the attempt of the university presidents
to dictate how they can resist. Showing the spirit of Nova
Scotians to stand with the teachers, the union representing faculty at
Nova Scotia universities (ANSUT) called on the universities
to drop their lawsuit and stop interfering in the negotiations between
the province and the teachers. Marc Lamoureux, president of
ANSUT, called the suit "an intrusion by a third party in the collective
bargaining process." "We need to remember that the NSTU
has followed all the normal steps, including mediation, to obtain a
fair and reasonable settlement," Lamoureux said. He also
questioned why the universities were taking legal action against the
NSTU and not the province.
NTSU President Linda Doucet said in a statement
thanking the
university teachers that "NSTU public school members are taking
this stand to prevent the continued deterioration of learning
conditions in our schools," adding "The government needs to be
willing to make long overdue investments. This will also improve
workplace conditions for those in the profession today, and those
entering in the future." She said the university presidents were
attacking the labour rights of all Nova Scotians and that the
erosion of teachers' collective rights, including the ability to
negotiate fair contracts, would discourage many from pursuing a
teaching career in Nova Scotia.
Fight of Cold Lake Seniors' Care Workers
Workers Defend Their Rights and
Quality Care for Seniors
- Peggy Askin -
People rally at the Points West Living Alberta Corporate Office in
Edmonton to demand the company lift the lockout of its employees in
Cold Lake and stop attacking their wages and working conditions and the
living conditions of the seniors in their care, February 3, 2017.
Workers at Point West Living Continuing Care Facility in
Cold Lake Alberta have been locked out since December 16, 2016.
The workers are fighting for adequate staffing, an end to arbitrary
scheduling, and proper training and employee development, as
well as wages commensurate with their credentials and the important
work they perform. They are fighting for Canadian-standard
working conditions, which are important factors in the living
conditions the seniors they care for expect and deserve.
The Alberta Union of Provincial Employees points out
that the
problems at Cold Lake Points of Living are not uncommon at
private care facilities across Alberta and indeed across Canada. Lax
regulations governing continuing care regulations allow them
to persist in abusing their employees and residents. Although private
providers like Points West Living receive millions of
dollars of state funding, they are not held to high standards of care
for residents and how they treat their staff. They are not
even required to disclose publicly the ways they use their state
funding.
Points West has
consistently refused to negotiate in good faith with their workers and
locked them out last December 20. After
over 50 days on the picket line the workers continue militantly to
defend their rights and the rights of the seniors under their
care. They are receiving broad support from workers, Indigenous peoples
and the entire community for their stand in defence of
their rights and quality care for seniors.
The Points West workers are acutely aware that their
working conditions are significant factors in the seniors' living
conditions. In defending their rights they are defending the rights of
all. In a section on their website Humans of Cold
Lake, one worker says, "No. It's not easy. Since day one it's been
a struggle, and we knew it would be. Everything worthwhile
usually is. Changing the way private-for-profit health care works is no
small undertaking. Not that we started out with
aspirations this big, but the more you learn about the system the more
invested in change you become. When you really care about
the quality of life for people who cannot speak for themselves, then
you become their advocate."
Working people applaud the resolve of this collective
of seniors'
care workers to defend their rights and the rights and
dignity of seniors, and to fight for a modern community where social
love is not just an abstraction but concretely evident in the
way society looks after its most vulnerable members.
Seniors' care workers themselves through doing their
work are in the
best position to know what working conditions they need
and what living conditions those in their care require. The workers
themselves should have a deciding say over both their working
conditions and the living conditions they provide the seniors.
Otherwise, some other competing aspect takes hold disconnected from
the actual work such as the thirst for private profit, which imperils
the rights and dignity of both workers and the seniors in
their care.
All Out to Uphold the Rights and Dignity
of Seniors and the Workers Who Care for them!
Demand Point West Living Lift the Lockout Immediately and
Meet the Just Demands of Their Employees!
Uphold the Rights of Seniors and Their Caregivers
The lockout of Points West caregivers
is a shameful retrogressive
blight on Alberta society
The resolve of the Points West workers in Cold Lake to
defend their rights has not only exposed the many problems at Points
West Living facilities across Alberta, it also reveals a deeper crisis
in Alberta's seniors' care system. The system is mired in
retrogression and needs stern workers' opposition and a progressive
agenda to turn it around.
Private operators are ensconced in seniors' care for
their own profit. The province is providing funds to sustain the aim of
private profit. The private operators such as Points West Living are
pocketing state funds to inflate their private profits
without any transparency or accountability.
A Clash of Aims
Retrogression in society has introduced the aim of
private profit in seniors' care in contradiction with the aim to
provide
quality care for seniors. If the aim of Points West Living and others
is something other than quality care for seniors, such as
private profit, then why are provincial funds being provided to prop up
their private profits in contradiction with the aim to
provide quality care for seniors?
If the aim is something other than quality care for
seniors, such as private profit, then why does the province tolerate
such
an aim and even encourage it. The province is putting at risk the
rights and living conditions of vulnerable people and stomping
on the rights and dignity of workers providing the care. This
retrogression must stop!
Stand with Points West Living Workers in Cold Lake
in Their Just Struggle
The struggle of the workers at Points West Living in
Cold Lake has reinvigorated the call to restrict private ownership and
control of seniors' care and to recognize and defend the rights of
workers and those under their care.
In standing firm for modern working conditions
including proper staffing levels, the workers are taking the lead in
fighting
for conditions that not only are their working conditions but the
living conditions of those under their care.
The shameful lockout at Points West Living in Cold Lake
and use of scab replacement workers marks the ninth time workers in
private continuing care facilities have been locked out or forced to go
on strike since Alberta Health Services (AHS) was formed
in 2008.
Losing Ground: Alberta's Elder Care Crisis
The report Losing Ground: Alberta's Elder Care
Crisis issued by the Parkland Institute compares the level of
care
provided in public, private, and voluntary provider facilities. The
study finds that public facilities provide on average an
additional hour of direct care compared to other ownership types.
Private facilities provide below-average levels of care across
all categories of nursing staff. This relates directly to their aim for
private profit.
The study, which updates a
2013 Parkland report, finds that
while long-term care (LTC) beds in Alberta have increased by just
2.6 per cent since 2010, the number of designated supportive living
(DSL) spaces have grown by 92.3 per cent, and now account for
40 per cent of all elder care beds. DSL spaces are less regulated than
LTC beds, provide fewer services and shift the burden of
payment for services onto the seniors who require care. At the same
time, as is the case across the country, public spaces are
being closed while more facilities organized for private profit are
replacing them.
Points West Living is one of these rapidly expanding
private operators. It has nine facilities in Alberta, and is buying up
smaller owners. In the year before Points West acquired Connecting Care
for approximately $100 million, Points West profits
increased 46 per cent, rising from $864,593 in 2013 to $1,262,636 in
2014. A familiar pattern is occurring that frequently ends
with a sale to and control by global oligopolies. This was the case
with the sale of BC-based Retirement Concepts to the global
oligopoly Anbang.
Friends of Medicare said recently, "It is unacceptable
to see new private providers being given grants for millions of dollars
when these [lockouts and attacks on workers' rights and the level of
care] are the actions they take. We believe the Ministry of
Health needs to reconsider its ongoing relationship with providers like
Points West Living."
The organization's Executive Director Sandra Azocar
said, "Patients
develop an important relationship with support and
caregiver staff, and should not be subject to a continuous cycle of
labour strife. This is a result of a broken funding model that
lacks transparency for public dollars handed to private providers, and
is greatly lacking in accountability for money intended to
hire and retain quality staff. This situation is one of many potential
labour disputes brewing in Alberta. Our seniors deserve
better and it's time we talked seriously about phasing out private care
for the stability and quality the public sector
provides."
Immediate steps could be
taken to restrict private owners of seniors' care and gradually turn
private facilities into public
facilities with the determined and sole aim to provide quality care for
seniors and to recognize and respect the rights of
workers. No new private facilities should be permitted while new public
facilities should be opened where required. The province
should bring forward a law prohibiting scab replacement workers during
any dispute at a place of work. All provincial funds for
private operators should immediately be halted during a lockout or
strike at any worksite. The financial records of any company
receiving state funds should be available for all to see, with severe
penalties for obscuring the transparency of accounts or
tampering with them. This should include all companies not just
seniors'
care operators.
The highest level of operating standards should be
mandatory for all seniors' care facilities both public and private. The
private operators should be required to maintain at minimum the same
level of staffing and hours of care as public facilities.
Province-wide standard pay, benefits, pensions and working conditions
should be established for all seniors' care facilities
acceptable to those who do the work.
Visit www.pwlprobe.com for more information or
to send a letter to Points West Living and government representatives.