Neoliberalism and working-class resistance in British Columbia: the hospital employees' union Struggle, 2002-2004.
Camfield, David
Neoliberalism and working-class resistance in British Columbia: the hospital employees' union Struggle, 2002-2004.
IN BRITISH COLUMBIA in the spring of 2004, over 40,000 hospital and
long-term care facility workers, mostly members of the Hospital
Employees Union [HEU], struck to defend their jobs and services against
attacks from an aggressive neoliberal government and employers. This
strike was distinguished by the social composition of the workforce, the
fact that HEU had one of the more left-wing leaderships in the Canadian
labour movement, and the determination of the strikers to persevere even
in the face of back-to-work legislation. HEU's resistance evoked an
unusual degree of support that took the form of active solidarity rather
than just passive sympathy. The BC labour leadership was pushed towards
a confrontation of the kind that the existing regime of industrial
legality was designed to prevent. This article identifies the systemic
causes of the BC health care strike in public sector restructuring and
the building of a lean state, explores its background, traces its
trajectory, and explains and assesses its outcome. This strike
highlights the significance of the character of the contemporary labour
officialdom as a social layer whose conditions of existence lead it to
usually oppose forms of collective action outside the bounds of
industrial legality.
**********
EN COLOMBIE-BRITANNIQUE au printemps de 2004, plus de 40 000
travailleuses et travailleurs d'hopitaux et d'etablissements
de soins prolonges, dont la plupart etaient membres du Hospital
Employees Union [HEU], ont fait la greve pour defendre leurs emplois et
services contre les assauts d'un gouvernement neo-liberal agressif
et des employeurs. Cette greve s'est distinguee par la composition
sociale de la main-d'oeuvre, le fait que le HEU avait l'un des
chefs de gauche les plus importants au sein du mouvement syndical canadien, et la determination des grevistes de perseverer meme face a la
loi de reprise du travail. La resistance du HEU a evoque un degre
inhabituel d'appui qui a pris la forme d'une solidarite active
plutot que juste d'une sympathie passive. Les dirigeants syndicaux
de la Colombie-Britannique ont ete pousses vers un type de confrontation
que le regime actuel de legalite industrielle aurait off prevenir. Cet
article identifie les causes complexes de la greve relative aux soins de
sante en Colombie-Britannique dans le cadre de la restructuration du
secteur public et de la formation d'un gouvernement degraisse. Il
explore les antecedents de la greve, trace son parcours; explique et
evalue le resultat. Cette greve met en evidence l'importance des
officiers syndicaux contemporains comme couche sociale dont les
conditions d'existence l'amene habituellement a s'opposer
a des formes d'action collective au-dela des limites de legalite
industrielle.
PUBLIC SECTOR WORKERS and the services they deliver have been
dramatically affected by the development and generalization of
neoliberalism as a response to capitalist crisis since the end of the
post-war economic boom in the mid-1970s. This has certainly been true in
Canada, where workers employed by governments and government-funded
organizations in the broader public sector have for three decades
experienced an onslaught of attacks, including wage controls, layoffs,
demands for concessions, back-to-work legislation, privatization,
contracting-out, and imposed collective agreements. Some Canadian public
sector workers have responded with angry defiance--consider the illegal
nurses' strikes in Saskatchewan and Quebec in 1999, the Calgary
laundry workers' wildcat of 1995, the willingness of some leaders
of the Canadian Union of Postal Workers [CUPW] to spurn the law's
dictates and face time in jail, and the resolute strike by teaching
assistants, research assistants, and contract faculty at York
University. More often workers have put up minimal resistance or simply
acquiesced, believing that, to use Margaret Thatcher's phrase that
has come to be emblematic of neoliberalism's pensee unique,
"There is no alternative." (1)
The strike by over 40,000 hospital and long-term care facility
workers in British Columbia in the spring of 2004 could be seen as
simply one more instance of public sector unionists struggling to defend
themselves and the services they deliver from employers and a government
intent on reorganizing the public sector on neoliberal lines. However,
this strike was distinguished from many others in a number of ways. This
workforce was overwhelmingly made up of women, including many women of
colour, and organized in the Hospital Employees Union [HEU], which has
one of the more left-wing leaderships in the Canadian labour movement.
The workers displayed a remarkable degree of determination in the face
of the BC government's attempt to end their strike by legislative
order. Their resistance evoked an unusual degree of support that took
the form of active solidarity rather than just passive sympathy. Some BC
workers saw in HEU's struggle an opportunity to hit back at a
provincial government that had done much to earn their ire. So strong
was the desire to act in support of HEU that it pushed top leaders of
the BC labour movement towards the kind of confrontation with state
power and employers that the existing regime of industrial legality was
designed to prevent. How and why a strike with such uncommon features
ended with a concessionary settlement and the cancellation of the
province-wide mass strike set for the following day, leaving many
strikers and supporters furious at the BC labour leadership and calling
to mind the experience of BC's Solidarity movement of 1983, are
questions with important implications for the future of the
working-class movement. This article demonstrates the systemic causes of
the BC health care strike, explores its background and trajectory, and
explains and assesses its outcome. The analysis developed here
highlights the significance of the character of the contemporary labour
officialdom as a social layer whose conditions of existence lead it to
usually oppose forms of collective action outside the bounds of
industrial legality. (2)
Leaning Health Care: The Neoliberal Prescription in British
Columbia
The restructuring of health care in BC is no isolated development,
and needs to be understood as an integral part of processes unfolding on
a global scale. As a former chief economist of Ontario has written,
"broad-based changes in the financing, administration and
management of public service delivery" (3) are underway at all
levels of the state, not only in Canada but across the advanced
capitalist countries and beyond. It is commonly observed that the
central thrust of this reorganization of the broader public sector is a
shift from the welfare state to a new kind of public administration
whose "primary objective [is] the fostering of a globally
competitive economy." (4) The most influential perspective on
issues of contemporary public sector "reform" understand this
transition as absolutely necessary because of the "fundamental
economic constraint" (5) on governments today. The necessity to
reorganize the public sector is often linked with economic
globalization. For the proponents of the New Public Management, this
kind of restructuring is both a necessary and positive response to
economic and political realities. (6)
Critics have argued that the "reform" of the public
sector that often occurs under the banner of the New Public Management
is a neoliberal project that involves a fundamental shift from the
Keynesian welfare state to a state whose focus is the promotion of
"flexibility" and corporate profit. (7) This critique can be
taken further by grounding it in an account of contemporary capitalism
as a global system of social relations of production, reproduction, and
rule. (8) In brief, capitalism's central social relation between
capital and human labour exists as a differentiated unity of social
forms: the economic and the political, or market and state. Of course,
the economic and the political do not actually exist as singular forms,
as market and state. There is not one capital but many enterprises, not
one state but an international system of states. But the many firms and
states are not self-contained entities. Rather, they are internally
related through identifiable concrete processes. One of the most
important of these is that accumulation is increasingly global while
states are nationally constituted: "Although exploitation
conditions are standardised nationally, sovereign states via the
exchange rate mechanism are interlocked internationally into a hierarchy
of price systems ... states ... founded on the rule of money and law (as
the source of their revenue and claim to legitimacy) are at the same
time confined within limits imposed by the accumulation of capital on a
world scale." (9)
A more concrete conceptualization of contemporary public sector
restructuring that is compatible with this understanding has been
proposed by Alan Sears, who analyses neoliberal "reform" as a
move from the broad welfare state built in the era of the post-war boom
to the "lean" state. Avoiding the mistake of treating this
reorganization of the state in functionalist fashion, as a reflex
response to capital's needs, it is understood as a contested
process developed over time through trial and error by governments and
public sector managers in various countries. The project of lean states
is to restructure social reproduction in ways that facilitate the spread
and consolidation of lean production methods in paid workplaces. This
involves a new mode of the political administration of civil society by
state power, a host of legal and administrative measures designed to
generate "flexible" workers and "lean" persons.
Within the public sector, building the lean state involves shrinking the
number of workers employed by governments and public sector
organizations and expanding the ranks of lower paid, less secure
employees, including workfare recipients, working for non-profit
"community" agencies, and private firms that move in to take
advantage of new opportunities to profit from contracting-out and other
kinds of corporate involvement. (10)
This analysis allows us to see how the restructuring of health care
in BC since the election of the Liberal Party under Gordon Campbell in
Victoria in 2001 has systemic causes and is part of a much broader class
project for reshaping state and society. Policy choices by federal and
provincial governments should be seen in this light. In 1995, federal
cuts to health care spending coincided with the creation of the Canada
Health and Social Transfer. These cuts were partially offset by
subsequent infusions of funding, but the latter were accompanied by
tacit acceptance of privatizing measures by provincial governments. Roy
Romanow's much-hailed 2002 Report of the Commission on the Future
of Health Care in Canada affirmed publicly funded health care while
explicitly encouraging the contracting-out of support services and not
rejecting public-private partnerships [P3s]. In 2002, the BC Liberal
government moved to reduce medical services through the elimination of
coverage for physiotherapy, chiropractic, massage and other therapies,
making cuts to the Pharmacare programme, closing hospitals and long-term
care facilities, cutting services and beds in others, and removing
housekeeping work from the home care provided to disabled and elderly
people. At the same time, the Campbell government encouraged more
corporate involvement in health care, including the building of a P3
ambulatory care centre in Vancouver and a P3 hospital in Abbotsford.
(11)
Another important piece of the Campbell government's
restructuring of health care was Bill 29, The Health and Social Services Delivery Act. Thanks to the Liberals' overwhelming majority, this
piece of legislation was passed in the middle of the night on 28 January
2002 after only a few hours of debate in the legislature. Bill 29
allowed for extensive privatization and the elimination or transfer of
services without consultation. It also made it illegal for health care
workers to discuss alternatives to privatization with their employers
and enabled the closure of hospitals with two months notice. In a direct
attack on unionized workers, it stripped key provisions from the Health
Services and Support Facilities Subsector collective agreement that
covers members of HEU along with members of nine other unions that have
a small presence in hospitals and long-term care facilities, and also
added new provisions. Workers lost their strong "no
contracting-out" protection as well as successor rights and bumping
language that had helped higher seniority workers avoid unemployment.
Retraining and job placement rights were cut, along with the Health
Labour Adjustment Agency, a body responsible for assisting
laid-off-workers that had been established as part of the Health Accord
signed under the previous New Democratic Party [NDP] provincial
government. Employers were given the power to move workers between
hospitals and to temporary assignments at distant workplaces. This bill,
blatantly favourable to health care managers and private sector
contractors and "arguably ... the most severe government intrusion
into collective agreements in Canadian history," was in perfect
conformity with the lean state project. It also contradicted
Campbell's commitment in a pre-election interview with HEU's
newspaper Guardian: "I am not tearing up any agreements."
Little wonder, then, that health care workers who had actually believed
the Liberal leader's promises were especially furious. (12)
In the Crosshairs. Workers and the HEU
Most of the workers at the centre of BC health care restructuring
were members of HEU, which represents over 90 per cent of health support
workers in hospitals and long-term care facilities. HEU members include
a broad range of clerical, food services, housekeeping, laundry,
maintenance, technical, trades, and patient care workers, including
Licensed Practical Nurses [LPNS]. (13) This workforce is overwhelmingly
made up of women, who were 85 per cent of HEU'S membership in 2002
at the time of the most recent union membership survey. At that time,
approximately three in ten HEU members were workers of colour. Fully 32
per cent of HEU members were born outside Canada, notably in the
Philippines, the UK or Ireland, and India, compared to the 20 per cent
of the population of BC born in these countries. HEU workers were, on
average, significantly older than those in other parts of the labour
force, with 57 per cent of HEU members aged 45 or more. Many were also
long-service workers: on average, HEU members had belonged to the union
for 13.6 years. Only 20 per cent had been members for five years or
less. Not surprisingly for a workforce many of whose members were mature
women, 46 per cent of HEU members had at least one dependent child
living with them and 26 per cent had at least one adult dependent in the
home. Two-thirds were full-time employees; among the part-time
employees, the average weekly hours worked, 25.6, represented much more
than a marginal job. In addition, 15 per cent held another paid job in
addition to their HEU work. In short, this was a mature and
predominantly female workforce, including many women of colour, whose
jobs were very important to them and the other members of their
households. The fact that nearly three-quarters of the members surveyed
believed that it was unlikely that they could find a comparable position
outside of health care in or near their community and almost as many
stated that they were unlikely to be able to relocate to find other paid
work suggests how greatly many HEU members valued their jobs. (14)
The attachment of HEU members to their jobs and their belief in the
difficulty of finding comparable work in another part of the workforce
were in part founded on HEU'S successful track record in raising
workers' wages and benefits, including fighting for pay equity.
Since the 1970s, HEU has been able to make considerable progress in
achieving pay equity through negotiated contract provisions, arbitrated
settlements, complaints to the BC Human Rights Commission, political
pressure, and a 1992 strike that won pay equity increases for over 90
per cent of HEU members. Between 1991 and 2001, the gap between the
wages of HEU members in the female-dominated job classifications of
housekeeping aide, nursing assistant, and laundry worker and the rates
for comparable male-dominated classifications fell from 16 per cent to
3.7 per cent, from 29 per cent to 11 per cent, and from 14 per cent to
1.9 per cent, respectively. In one of the most expensive parts of the
country--for example, housing costs were 26 per cent above the Canadian
average in 2002--HEU was able to raise the wages of many of its members
to rates much higher than those paid to workers in equivalent
classifications in other provinces. HEU cleaners, for example, made
$18.60 per hour in 2003, 31.2 per cent above the average rate for
cleaners in hospitals and long-term care facilities in Canada. This was
a union whose leaders took seriously the proclamation in the preamble to
its constitution that it is "the right of those who toil to enjoy
to the fullest extent the highest standard of living compatible with
life within Canada." It was also a union that from the late 1960s
onwards was pushed by women members and staff to combat gendered
inequalities among health care workers. (15)
These priorities reflect HEU'S history as a union in a sector
where for many years workers earned wages below the provincial average
and a province whose working class has displayed considerable militancy
in the decades since HEU's ancestors (two locals formed at
Vancouver General Hospital around 1936) came into existence. HEU was
never solely concerned with its members' wages, benefits, and
working conditions, though. The union's 1958 endorsement of the
demand for a comprehensive public health care system was followed twenty
years later by its call for taking private long-term care facilities
into public ownership, through expropriation if necessary. Difficult
bargaining with Social Credit provincial governments during the years of
the post-war Long Boom, the disappointment of seeing the Barrett NDP
government change the Labour Code in 1975 to remove the newly gained
right to strike from health care workers designated
"essential," major hospital strikes in 1976, 1989, and 1992,
sometimes bitter strikes against smaller employers, involvement in the
1983 Solidarity movement, and women's activism produced a union
that at the close of the century was distinguished by a higher level of
militancy and political consciousness than most Canadian unions. (16)
That said, the entire Canadian labour movement has been shaped in
important ways by the practice of routinized and tightly regulated
collective bargaining and contract administration within the regime of
industrial legality instituted in the mid-1940s, and HEU is no
exception. Two intimately interconnected effects stand out here. First,
the fostering of bureaucracy, understood in Richard Hyman's sense
as "a corrosive pattern of internal social relations manifest in a
differential distribution of expertise and activism; in a dependence of
the mass of union members on the initiative and experience of a
relatively small group of leaders--both official and
'unofficial'." Second, the strengthening of the union
officialdom as a social layer within the working-class movement whose
existence at the heart of highly state-regulated relations between
labour and capital confers on it interests distinct from those of the
workers they legally and politically represent. Perhaps the most visible
embodiment of these phenomena in HEU is the central role of a full-time
hired staffer, the Secretary-Business Manager, who serves as a full
member of the (otherwise elected) Provincial Executive [PE], in the
style of some British unions. Despite being outside the Canadian Labour
Congress between 1970 and 1984 due to conflict with CUPE (which it had
helped found and to which it reaffiliated on a trial basis in 1984 and
more permanently in 1994), HEU was part of the same class formation as
the rest of the English Canadian labour movement and therefore bore many
of the same marks as other contemporary unions. (17)
From Bill 29 to the Strike of 2004
The quick passage of Bill 29 at the end of January 2002--during a
special weekend sitting of the legislature called to order striking
teachers back to work--came as a shock to everyone in HEU. After the
bill was introduced, some Victoria HEU workers wildcatted and spent the
weekend outside the provincial legislature. According to a high-ranking
HEU official, "People were in disbelief, one, that they would ram
through legislation with virtually no debate, and two, that they would
break a legally binding three year agreement." The PE rushed to
organize job action in protest in early February, but decided at the
last moment not to proceed after discovering "a real disconnect
between membership and leadership," with many members not yet
grasping what Bill 29 meant for them. Shortly thereafter HEU received a
leaked cabinet minister's briefing book which revealed that the
provincial government's plans for health care cuts included the
elimination of 14,000 Full-Time Equivalents [FTES] (18) in the 2003-04
fiscal year and an additional 3,530 the next year. Soon the
contracting-out of HEU work began. Women of colour were hit especially
hard, as many were employed in the housekeeping, dietary, and laundry
jobs targeted for contracting-out. (19)
The enactment of Bill 29 opened up a period that one staffer
described as "devastating" for HEU members; another called it
"stressful to say the least, and ... a feeling growing ... that the
union was becoming ineffective in a lot of ways. I think that's how
Joe member on the floor was feeling, that the employer just started
unilaterally doing stuff that they would have never done before Bill
29." (20) Bolstered by government actions, many employers adopted a
hard-line stance around workplace issues. In the words of one union
activist, "because the contracting-out came on slowly, a lot of
people, rank and file members, were in a state of disbelief about what
was going to happen ... I think a lot of people didn't think it was
really going to be as bad as it was." (21) A staffer describes how
some members accused "spokespeople for the union of going out and
fear-mongering at the beginning." (22) The uneven spread of
contracting-out complicated the situation for HEU; the worst job losses
were concentrated in housekeeping, laundry, and food service work in the
Lower Mainland and Vancouver Island, where the greatest opportunities
existed for private contractors to profitably take over service
delivery. The "unrelenting assault" from different health care
sector employers, in the context of other attacks from the provincial
government, "created a lot of chaos." (23)
The winter and spring of 2002 saw the BC Federation of Labour
[BCFL] and a number of community coalitions organize large anti-cuts
demonstrations in Victoria and Vancouver while smaller protests took
place around the province. Activists like those of Vancouver's
Prepare the General Strike Committee agitated for a general strike. (24)
Within HEU, the PE directed efforts to explain the attacks to members
and mobilize them for action. The union ran several public campaigns
designed to counter the government's claims about cost savings and
media reports which suggested that HEU members facing contracting-out
were overpaid and undeserving. The contracting-out of laundry services
in Fraser Valley hospitals to K-Bro Linen Systems, which trucked laundry
from Chilliwack hundreds of kilometres east to Calgary and back, was met
by a HEU blockade that led to the arrest of three members of HEU's
PE on 22 November 2002; (25) on the same day, HEU held three rallies at
Vancouver hospitals to protest the loss of 1,000 housekeeping jobs. On
the first anniversary of the passage of Bill 29, an HEU day of strike
action and rallies met with a lukewarm response from members. In the
analysis of one staffer, "the members were being quite clear that
if we were going to go on strike that we should go on strike til we meet
our demands, not like a one day symbolic protest." (26) Through
this difficult year, the union's resistance took the form of a
number of small actions and campaigns because of the chaotic situation
the union found itself in and the fact that HEU was facing attacks on a
scale for which it was unprepared. The situation was fear-inducing, and
within a year some members' anger and readiness to act had turned
into demoralization because none of the union's fight-back efforts
had been effective.
In the spring of 2003, shortly after a well-attended HEU fight-back
conference that galvanized members around opposition to privatization
and concessions and encouraged them to mobilize their coworkers for
action, members were surprised at the announcement of a tentative
agreement. "Where did this come from? A week and a half ago I
thought we were gonna fight to the death" is how a staffer
described the reaction of some activists. (27) The manner in which this
deal had been reached disturbed some HEU members, accustomed as they
were to being kept informed about negotiations. "These negotiations
were clearly backroom," (28) noted another staffer, and they
produced a three-year tentative agreement that capped job losses through
contracting-out to 3,500 FTES and contained $65 million in severance
funds. It also made concessions on wages and vacation time and increased
the workweek from 36 to 37.5 hours without an increase in pay. (29) The
agreement was conditional on quick ratification, and "staff were
mobilized to sell the deal." (30) When members of the executive of
one HEU local presented the agreement to members in the workplace
without an endorsement, "Provincial Office hit the ceiling ... we
were told that we were not to talk about the drawbacks of the deal and
hand out our agenda." (31)
The tentative agreement was rejected by a vote of 57 per cent. Some
members voted against the deal because they distrusted the government
that had stripped key provisions out of HEWS collective agreement by
legislation (and changed the BCNU'S twice in the span of a year)
and therefore saw no reason to give concessions in exchange for a cap on
the number of jobs to be lost through contracting-out. Others saw the
cap as too high. In regions where few jobs had been contracted out, some
workers did not truly believe their jobs were threatened. Some activists
argued that the agreement did not provide much protection at all because
the cap covered only the loss of jobs through contracting-out and not
also through privatization, the closure of facilities, and other forms
of restructuring. There were also concerns about the rush to ratify
quickly and the downplaying of elements of the deal. The overwhelmingly
male tradespeople in HEU along with many LPNs and members in
technological classifications did not believe their jobs were at risk,
and were unwilling to accept wage cuts in exchange for a limitation on
contracting-out. (32) In sum, top HEU officials, relieved to have
negotiated some restriction on the contracting-out of jobs (inherently
also a limit on the reduction of the union's dues base and
therefore protection for HEU's institutional stability), rushed for
a ratification vote, only to be stymied by an unexpected level of
opposition. This came from different directions within the membership,
ranging from militant and solidaristic criticism of the deal to the
narrow sectionalism of white and male-dominated classifications within a
union mostly made up of women, many of them women of colour.
A high-ranking HEU official described the result as "a
democratic decision by membership vote." (33) However, one staffer
reported that top officials were "angry at the members ... the way
it was portrayed was that the members weren't willing to take
concessions to save the jobs of other people." (34) With the
rejection of the deal, HEU and the other unionized workers in the Health
Services and Support Facilities Subsector Bargaining Association
[HSSFSBA] were clearly heading for a confrontation with their employers.
But the situation soon became even more difficult when it became known
in July 2003 that Local 1-3567 of the Industrial, Wood and Allied
Workers [IWA] had signed "partnership agreements" with three
major multinational service provider corporations that were getting
ready to take on the contracted-out work of HEU members. The companies
had earlier approached seven other unions, all of which had refused to
become involved in such agreements. Only IWA 1-3567 had agreed to be the
compliant collaborationist partner the companies sought. (35)
The highly unusual collective agreements signed by this IWA local
gave it voluntary recognition before any of the corporations, Sodhexo,
Compass, and Aramark, had even signed contracts with health managers,
let alone hired any of the workers the IWA was to represent. Prospective
employees--none of whom were to be laid-off HEU members--were required
by the employers to sign IWA cards at job fairs before they were
officially hired. The provisions of the "partnership
agreements" set wages for the new workforce, mostly women, at
levels far below those won by HEU and below what the IWA's
traditional membership base of men in the forestry sector enjoyed. For
example, the 2003 hourly wage for housekeepers (cleaners) in the
six-year contract signed with Aramark was set at $10.25, 44 per cent
below HEU's $18.32, and less than half of the $21.92 rate for
(male)janitors in the 2000-2003 IWA Master Agreement. Local
1-3567's agreements also gave employers a free hand to pay some
individuals above the negotiated rates. They contained no benefits for
workers working fewer than 20 hours per week, and, unlike the Health
Services and Support Facilities contract, no pension plan and no
parental leave. (36) By entering into "what can only be called ...
rat union contract[s]," in the words of Victoria activist Jim
Herring (echoed by many other dismayed labour and community activists,
including some outspoken IWA members), the IWA leadership "adopted
a strategy of accommodation with the New Era of privatization and low
wages" (37) and made itself complicit in the government's and
health management's assault on the pay, benefits, and working
conditions of women health support workers and their union. It would now
be much more difficult for HEU to attempt to organize the people hired
to do contracted-out work. (38)
With HEU under attack from employers, backed by the provincial
government, and from a local of a major affiliate of the BCFL, efforts
continued to negotiate a new agreement to replace the one expiring on 31
March 2004. Management was, however, intransigent and tabled demands for
major concessions while the number of HEU members losing their jobs
reached into the thousands. (39) Faced with employers whose commitment
to large-scale privatization outweighed their interest in labour peace
and cooperative labour relations, HEU conducted local and regional
strike preparation workshops, incorporated strike preparation into its
basic educational courses, mounted a public relations campaign linking
the defence of its members' jobs and quality public health care,
and tried to put pressure on employers and contractors. There was a
small wildcat and occupation at Royal Jubilee Hospital in Victoria in
February 2004 by workers about to lose their jobs to contracting-out,
followed immediately by a sit-in at Nanaimo Regional Hospital. (40) At
the end of February, the PE unanimously adopted a resolution "That
job action would be required to gain employment security and defeat the
concessions," and determined that this would take the form of a
two-day province-wide strike "followed by creative job actions on a
regional basis." (41) The strike vote in March was 89.57 per cent
in favour. (42) Efforts were also made to strengthen alliances with
other unions and community groups. What remained unclear was the HEU
leadership's strategy for winning a strike. Although "it was
obvious to everyone that people were going to get legislated back to
work, and it was pretty clear that the provincial executive was
considering defying a back to work order," in the view of one HEU
staffer "it was very clear that there was no real strategy to
it." (43)
Stronger organized ties of solidarity with HEU were built on
Vancouver Island than in the metropolis of Vancouver. Important here was
Greater Victoria's Communities Solidarity Coalition [csc]. Formed
in January 2002, the csc united senior citizens, students, and
anti-poverty activists with unionists from HEU, CUPE, BCGEU, and others.
Like militants in other regions of BC, CSC demanded a general strike to
defeat the Liberals and organized local actions, including a Day of
Defiance on 7 October 2002 that saw flying squads shut down the
University of Victoria, Ministry of Health, and other smaller locations,
followed by a snake march and rally. This Day of Defiance took place in
spite of the BCFL, which "wasn't really supporting people getting militant, and ... in fact ... tried to squash" it. The CSC
also encouraged locals of other unions to adopt an HEU local. Strong
rank-and-file labour-community solidarity was also built in smaller
centres on Vancouver Island and elsewhere in BC. (44)
Such local activism and HEU's strike preparation did not take
place as part of a growing wave of anti-government protest. Despite the
resolutions demanding a general strike passed by many union locals and
labour councils, the mass demonstrations in BC's two largest cities
in 2002 were not followed by an escalation of resistance by BC'S
official labour leadership. Instead, the BCFL executive pursued a
strategy centred around preparing to reelect the NDP in the provincial
election fixed by law for 2005. Within this strategy, direct action was
to be eschewed and working-class anger at the cuts toned down lest they
damage voter support for the NDP. (45) As its merely verbal support of
the strike by the BC Ferry and Marine Workers Union [BCFMWU] in December
2003 demonstrated, the BCFL leadership had no desire to turn
collective-bargaining strikes into broader political struggles even when
they involved public sector workers up against the government itself--a
stance of considerable significance for the embattled HEU. (46)
Nevertheless, one major BCFL affiliate, CUPE-BC, did not place all its
eggs in the basket of electoralism. It implemented Local Action Plans
for membership mobilization including the possibility of a day of
protest work stoppages and "positive activities for members"
originally dubbed "Democracy Day," soon renamed
"Community Action Day." (47) It was in this seemingly
inauspicious conjuncture that HEU and the rest of the HSSFSBA finally
struck.
An Outpouring of Solidarity: The Strike of 2004
After some debate, at March and April meetings HEU'S PE had
revised its plan for a two-day provincial strike followed by rotating
regional actions. On 14 April, it decided to serve the 72-hour strike
notice required by law on 22 April, begin an overtime ban as soon as the
union was in a legal strike position, and start picketing with the
afternoon shift on Sunday, 25 April. Province-wide picketing was to
continue until Wednesday, 28 April, with a decision on what was to
follow to be made no later than 27 April. (48) As soon as picket lines
went up it was obvious that hospital workers who had endured intense
stress and anxiety since the passage of Bill 29 were united and
committed to the strike. Workers were so eager to picket that many
locals found it difficult to provide enough essential service staff.
Many workers picketed more than the twenty hours per week required to
receive strike pay; some brought family members with them to the lines.
"It was, I think, just the most amazing support that people had
ever seen at HEU." (49) Another staffer observed that workers were
"very inexperienced in a lot of ways, weak after two years of being
beat up, but determined ... there were many people that were behind
picket lines for the first time ... but they ca[ught] on quick."
(50) As one official put it, "once people engaged, they were
prepared to stay out." (51) In some locations, workers who had lost
their jobs came out to picket. Most health care workers who belonged to
unions not in the HSSFSBA, chiefly BCNU and HSA, and who were not
classified as essential, did not cross the picket lines, and many joined
them. Other supporters, unionized and non-unionized, added their
strength to the pickets. On the morning of 27 April, the PE decided to
continue the strike, and did so again the following day. (52)
As predicted, the BC government soon moved to pass legislation to
end the strike. What came as a shock was the severity of the bill
introduced on the afternoon of Wednesday, 28 April. Bill 37 ordered an
end to the strike, but rather than referring the dispute to binding
arbitration it imposed a new collective agreement that cut wages by 11
per cent retroactive to 1 April, incorporated the employers'
proposal to increase the workweek for regular full-time employees from
36 to 37.5 hours with no increase in pay (amounting to an additional 4
per cent pay cut), contained no protection against contracting-out, and
weakened language on filling vacancies and bumping. There could be no
doubt as to where the government stood: its support for the lean state
project in health care was unmistakable. On the morning of Thursday, 29
April, the bill was proclaimed law. At its meeting soon after the
bill's passage, the PE decided to keep HEU picket lines (dubbed
"protest lines" now that the strike was illegal) up, call for
other unions and community groups to join them, arrange an emergency
meeting with BCFL leaders, ask for May Day rallies to support HEU lines,
and develop a political action plan to defeat the provincial Liberals.
In contrast, BCGEU and the International Union of Operating Engineers directed their members in the HSSFSBA to return to work. At around the
same time BCNU and HSA officials directed their members who had been
respecting HEU'S lines to cross them. The strike had entered a new
phase, in contravention of the law. (53)
Some HEU activists had been worried about what would happen to
membership support once the strike became illegal. Yet on 29 April such
concerns were soon dispelled. At some worksites, some members initially
reported for work. But many soon walked back out again, like the
logistics workers in one major workplace who went in, "just sat
around the lunch room freaking out," (54) and were again on the
picket lines on Friday. "Militancy increased. Once they started it,
they wanted to finish it in a winning position," as an official put
it. (55) The PE met again late Thursday evening, with BCFL officials
present; the PE later decided that "to return to work with dignity,
HEU's priority would be a return of our no contracting out
language." (56)
If most HEU members, trusting in particular in their local leaders,
were determined to ignore the odious Bill 37 and continue the struggle
into which they had been forced, they were not fighting alone. On their
own initiative and at the request of HEU, members of CUPE and other
unions began to flock to the picket lines at hospitals and long-term
care facilities across BC, in some places intervening to prevent
managers from intimidating HEU members. Even some IWA members performing
contracted-out work refused to cross HEU lines. (57) The HEU strike
became a subject of discussion across the province. For example, in one
CUPE workplace an activist described how on the day Bill 37 was passed
he was stopped by a "normally totally disinterested" coworker,
"one of those kind of guys" who "are not too fond of
unions," who asked him "What are we gonna do?" about the
attack on hospital workers. (58) Moved by similar sentiments, a few
workers began to take direct action on the job: some 70 BC Hydro workers, members of the Office and Professional Employees Union,
wildcatted at the WAC Bennett Dam and Peace Canyon Dam, joined by 30 in
Revelstoke. (59) In the offices of CUPE-BC, the "phones started to
ring off the hook," in the words of an official, who recounted that
an evening meeting of CUPE's provincial executive decided that the
HEU strike now represented the "trigger" for Community Action
Day. (60) According to a CUPE activist, demands for action welled up
within the union and the decision to call for all CUPE-BC members to
strike the next day was the result of "pressure coming from more
and more locals." (61) On 29 April a wave of sympathy with HEU
swept across BC. Many people who were hostile to the Campbell government
for its actions over the previous three years began to see supporting
HEU as a meaningful way to channel their opposition to the Liberals. The
strike had become "a lightning rod for people's feelings
around Campbell." (62)
On Friday, 30 April, the working-class power drawn to the strike
flashed across BC, casting HEU's battle in a new light. In at least
27 CUPE locals, workers were off the job, in defiance of the hallowed
legal prohibition of such solidarity action; many strikers joined HEU
lines, and in Vancouver, Victoria, and many smaller centres picket lines
went up at municipal government offices, libraries, and other public
sector workplaces. Participation was notably strong in school-board
locals, where workers had experienced significant cuts. In several
Vancouver Island school districts, teachers refused to cross CUPE lines.
Acting on requests from BCFMWU members, CSC flying squads caused the
cancellation of early morning ferry sailings before both HEU and BCFL
leaders, apparently fearful of the consequences of this economic
disruption, ordered the pickets to fold. The number of CUPE workers
involved is not easy to calculate with precision, but the locals taking
action represented some 25,000 members and HEU President Fred
Muzin's figure of 18,000 off the job avoids the assumption of
complete support across participating locals. Smaller numbers of members
of other unions, including the Communication, Energy and Paperworkers
[CEP], BCNU, OPEU, International Brotherhood of Electrical Workers, Pulp
and Paper Workers, and IWA, also struck. Together, these stoppages
represented the largest solidarity strike in the province since November
1983, when the BC Teachers' Federation [BCTF] had defied the law
and the expectations of many onlookers by walking out as part of
Operation Solidarity's planned escalation linked to support of the
legally striking BCGEU. Unlike the BCTF action, though, the job action
of 30 April was mobilized on extremely short notice, was in support of
an illegal strike, and was not limited to one union. (63)
It is vital to appreciate the full significance of this collective
action in support of HEU. Since the entrenchment of the pluralist regime
of industrial legality in the late 1940s, class struggle in Canada has
usually played out in the form of tightly regulated sectional economic
conflicts that stay within narrow legal and administrative confines.
These restrictions have generally been internalized in most unionized
workers' understandings of what unions can and should do, and
raised to the level of principle in the minds of much of the labour
officialdom. On 30 April, thousands of BC workers engaged in action that
was completely antithetical to "responsible" unionism's
ossified repertoire of legitimate behaviour in order to support workers,
mostly women, who were themselves defying a law widely regarded as cruel
and unfair. By so doing, they changed the sense of the possible for
themselves and for many other workers who were sympathetically watching
HEU's battle with the government. They also altered
social-political temporality. The slow and apparently unchangeable pace
of life in a stable capitalist society in which the level of social
struggle is low and what Marx dubbed "the dull compulsion of
economic relations" weighs heavily on working-class existence can
be abruptly sped up by an event which is "a caesura in temporal
uniformity," to use a phrase of the French Marxist theorist Daniel
Bensaid. (64) Elsewhere, Bensaid argues that "The 'homogenous
and empty' time of mechanical progress, without crises or breaks,
is a non-political time," but, "as Walter Benjamin very
clearly recognised, the strategic time of politics is not the homogenous and empty time of classical mechanics, but a broken time, full of knots
and wombs pregnant with events." (65) On 30 April, the conjunction
of the withdrawal of labour-power by thousands of workers in solidarity
with HEU's defiant resistance was just such an event. It created
new political potentialities and opportunities, and class relations
began to move into flux.
It was not long before the self-activity of insurgent workers
prompted responses from the provincial government, evidently in some
disarray: by early afternoon, Premier Campbell floated the possibility
of changes to the settlement imposed by Bill 37 if HEU returned to work,
and said on television that HEU members could avoid pay cuts altogether
by giving other concessions. The health minister's line was
different as he mused about banning strikes in health care. The Minister
of Labour held a private meeting with several top HEU and BCFL
officials. (66) The Liberals were not the only ones to respond to the
militant displays of solidarity. In an effort to take advantage of the
situation, BC NDP leader Carole James issued an open letter to the
premier. Criticizing Bill 37 as "a blatant attack on working people
... that can only create further tension and confrontation in an already
poisonous labour relations climate," she called on the government
to immediately recall the legislature "to put an end to the crisis
... that threatens to further erode investor confidence in British
Columbia and destabilize the BC economy." The blend of liberal
pluralist labour relations-speak and business rhetoric in James's
letter said much about the ideological orientation of the contemporary
BC NDP. (67)
The front page of Saturday's Vancouver Sun reported on a BCFL
document that revealed plans for escalating actions in support of HEU.
Beginning with a shut-down of the public sector on Monday, 3 May, action
would spread to federal and provincial government offices, private
sector industry and transportation, and then later in the week to
hotels, cruise ships, and retail stores. The numbers attending normally
small May Day events in BC swelled and the events themselves were
transformed by the electrifying struggle underway. Some 4,000 rallied in
Vancouver. Here BCFL officials refused to reroute the march to St.
Paul's Hospital, but their original theme for the day, support for
the NDP in 2005, was replaced by support for HEU and threats of mass
action on Monday if Campbell did not settle. Activists handed out over
2,000 "General Strike" flags with ease, and there was
"verbal sparring" between those calling for a general strike
and BCFL officials, who led the chant "We Won't Back
Down" to regain control of the rally. Across the province, excited
labour and community activists prepared for solidarity actions on Monday
on a scale larger than Friday's. Even Vancouver's Compassion
Club (medical marijuana society) was preparing to strike. (68)
Meanwhile, behind closed doors, top officials from HEU,
CUPE-National, CUPE-BC, the BCFL, and major private sector BCFL
affiliates, met again with government representatives. For some labour
radicals familiar with the union officialdom's ways, there was
reason for concern. Noting the leaked BCFL document and the many BCGEU
staff at a May Day rally, one reported, "I knew by Saturday that we
were in serious trouble." (69) One HEU staffer saw the document as
"just a fake" that no union leadership had agreed to, released
to allow top BCFL officials to regain political initiative and
leadership of the movement from below for solidarity strikes. Thus
"as everyone else got more and more excited all weekend long, I was
getting more and more depressed, knowing how they worked." (70)
These concerns proved astute. Talks to reach a settlement continued
while BC Rail workers struck on Sunday in support of HEU, the BC Supreme
Court ruled HEU in contempt of court for not ordering members back to
work, and activists continued to prepare for the following day. When a
deal came, it was in the form of a memorandum signed by the provincial
government, Health Employers' Association, BCFL, and the HSSFBA. It
amounted to a modification of the terms of the contract imposed by Bill
37. The government agreed to date wage cuts from 1 May rather than 1
April, limit job losses "as a direct result of contracting
out" to 600 FTES over two years (with no more than 400 in the first
year), and provide $25 million for severance payments. Employers
promised no sanctions against the unions providing that they directed
their members to return to work on 3 May, and the HSSFBA agreed to
"direct its members to return to work forthwith." (71)
Reconvening late in the afternoon for a meeting described by one
official as "excruciating," the HEU PE voted 13-7 to accept
the deal, which was announced publicly on Sunday evening. (72) Before
the night was out, the NDP issued a statement celebrating the end of the
strike. It made no criticism of the wage cuts and job losses. (73)
The precise details of how the HEU PE came to vote in favour of the
memorandum and which labour leaders were involved are unclear, but the
heart of the matter is not. As HEU third Vice-President Dan Hingley
later wrote, "labour [sic] pressured the HEU leadership, citing the
fact that 600 members [sic] diminished the risk of total
privatization." (74) Another PE member specified the source of the
pressure as "officers of the BC Fed," and an HEU staffer
referred to what took place as "intimidation." After the vote,
HEU's fourth Vice-President resigned in protest. (75)
As news of the settlement and directive to return to work spread,
reactions were intense among many of the tens of thousands of HEU
members who had walked the lines for a week to defend their jobs and
public health care. "People were really, really angry. People had
no idea that that was the deal that was being contemplated, people were
angry that they didn't get to vote on it, people didn't
understand why the plug was pulled at this zenith of support ... it was
just rage," said a staffer. (76) "Just huge, huge
disappointment," was how another staffer described the sentiment.
(77) Vancouver General Hospital HEU local executive member Doreen
Plouffe expressed sentiments shared by many members: "I don't
know how they could even call it a victory for working people. We have
been sold out." (78) Having defied their employers, the government
and the courts, some HEU members and their allies resisted the return to
work. At a number of Vancouver Island worksites, HEU members continued
to picket for some or all of 3 May. In Victoria, ferry service was
briefly disrupted and public transit and some municipal worksites were
picketed out. In Quesnel in central BC, HEU and other unionists went
further, with some 5,000 people off the job and many public and private
sector workplaces closed down. A small number of HEU members picketed
HEU offices in Burnaby and Victoria, some calling for the resignation of
Secretary-Business Manager Chris Allnut. These were sporadic rear-guard
gestures by intransigents. Still, even after they had fizzled out the
slogan on the placard of HEU picketer Susan Hibbs captured the feelings
of a significant number of strikers: "HEU Screwed By Our Own
Leaders." (79)
Explaining the Strike and Its Outcome
An analysis of the strike that gripped BC for a week in the spring
of 2004 must proceed from an appreciation that this was no accidental
conflict or simply the product of a government fired by anti-union
animus. Its causes were systemic. The attack on HEU by health sector
employers and the provincial government was one specific manifestation
of capital's multi-pronged restructuring agenda to build a lean
state for the age of lean production. As such, it was not a "Lotus
Land" phenomenon peculiar to one Pacific province. Similar
developments have occurred and can be expected to continue to occur in
other provinces, as they have internationally.
There were, of course, local specificities at play. The
determination and strength of the HEU membership in the face of employer
and state power was notable. We can partially account for this by
considering who these workers are and their labour market context.
Overwhelmingly women, including a large minority of women of colour, and
mostly over 45, these were mostly workers who grasped that being
laid-off meant being hurled into labour markets structured by systemic
sexism and racism in which they would be unlikely to ever find wages,
benefits, and working conditions on a par with those they had as members
of HEU. Theirs were atypical jobs for women wage-earners, especially
women of colour, because they conformed to the model of the Standard
Employment Relationship enshrined as a norm for white working-class men
during the post-war boom but in decline for the past quarter-century.
(80) In addition, these workers belonged to a union whose efforts had
succeeded over years in winning better wages, working conditions, and
benefits. Through its membership mobilization efforts, educational
activities, and publications, HEU's official leadership had
campaigned for solidarity to resist privatization and called for a
broad-based fightback against the Campbell government. It had argued for
the legitimacy of direct action and organized political job action to
protest the Liberals' attacks. As a result, many members identified
strongly with HEU and were ready for collective struggle.
Another singular issue that needs to be accounted for is the depth
of support for HEU and the eagerness of significant numbers of BC
workers to act in solidarity with them. Both exceeded what has been seen
in a number of other major struggles against neoliberal governments in
recent years. Support for a general strike in BC appears to have been
stronger than it was in Ontario in 1996-1997 at the height of the Days
of Action mobilizations against the Conservative government of Mike
Harris even though the labour left in BC was no better organized than
its Ontario counterpart. Similarly, although the 1997 political strike
by Ontario teachers was widely supported, it did not spontaneously
become a lightning rod for anti-government sentiment to the same degree
as the HEU strike did. (81) Possible reasons for this support include
submerged but not extinguished traditions of militancy in the BC working
class, a linkage of HEU workers with valued public health care in the
minds of many, and a gendered sympathy with women health care workers.
On a smaller scale, HEU support for community struggles was also a
factor. However, an adequate explanation of the level of support for HEU
and for solidarity strike action would require a study of contemporary
class formation in BC of a kind that simply has not been done. (82)
The most contentious explanatory question is why did the strike end
as it did? Here several rival answers have already been formulated. One,
articulated by top HEU officials and some officers and staff of other
unions, contends that the strike ended as the result of a grim political
calculation by HEU leaders in an objective situation in which a better
settlement simply could not have been achieved. The leaders of most of
the affiliates of the BCFL, particularly private sector unions, were not
supportive of solidarity strike action beyond 3 May. The provincial
government would have likely responded to a rejection of the memorandum
by HEU by withdrawing the offer, painting the union as unreasonable in
the media, and asking, in a top HEU official's words,
"who's actually running the province, is it the unions or the
elected government?" (83) As HEU's Muzin wrote, if the
memorandum had been rejected "May 3 would no doubt have seen a
huge, invigorating groundswell of widespread resistance. But without a
strong foundation for broader action, HEU members and their supporters
would have become sacrificial lambs in the government's effort to
regain control. Under those conditions, we could not responsibly ask
people to walk off and stay off their jobs, and face severe
repercussions." (84) Chris Allnutt, HEU Secretary-Business Manager,
argued that the union's leadership had a responsibility "not
to erode the broad public support we'd achieved by engaging in an
action that would produce no gains for our members or any additional
protection against health care privatization." (85) According to
former PE member Mike Barker, HEU's top leaders believed that
rejecting the deal would have led to "the full weight of the
law" falling on HEU, and "a crushing defeat." (86) On the
question of union democracy, Canadian Dimension's regular labour
commentator made explicit what few others did: "With fines and
lawsuits worth hundreds of thousands of dollars piling up daily, it was
not practical to continue a strike for several days to take a membership
vote." (87) In other words, the strike ended as it did because HEU
leaders made a wise but difficult decision which, in the given
circumstances, was the best one. (88)
An alternative explanation popular among critics of the outcome of
the strike emphasizes the politics of the labour officialdom, in
particular its commitment to social democratic electoralism. More
specifically, it has been argued that the belief of the vast majority of
the BC labour officialdom that electing the NDP in 2005 was the only way
to defeat the Campbell government produced a fear that mass strikes in
support of HEU would allow the Liberals to portray labour as out of
control and challenging constitutional authority, thereby damaging the
NDP's chances of winning the 2005 provincial election. (89) As one
CUPE official put it clearly while discussing the prospects of
escalating solidarity action, "While we wouldn't go back to
work and hurt our HEU sisters and brothers, we also wouldn't want
to screw up the elections for next year." (90)
Some militants in HEU, while sharing this view, have also advanced
another line of explanation that goes beyond a critique of the ideology
of top union leaders. They have suggested that the thinking of the
union's leadership was shaped by where it was structurally located:
the PE was isolated in meeting rooms and out of touch with the rapidly
developing situation on the ground. As a result, they misread the level
of support for escalating action: "based on the experience that
we're all having out on the line ... the impetus was coming from
the grassroots, it wasn't coming from the union leaders who were in
that room saying, 'Our members won't support you, we
won't keep our members out'." (91) More generally,
HEU's structure allowed for insufficient consultation between the
PE and members: "it's all set up so that the PE is kinda
isolated as the PE." (92) This facilitated the intimidation of some
PE members by top BCFL officials and possibly other PE members. They
have also argued that the official labour leadership was frightened by
the desire of so many workers to strike in support of HEU: "It was
never their plan to begin with, it was a swelling of the grassroots
organizing themselves, so I think that there was a lot of fear that
they'd have no control," said one staffer. (93) This was also
the view of Vancouver HEU local officer Gretchen Dulmage: "the BC
Federation of Labour, the NDP, the Fed officers--all the key
players--felt there was this runaway grassroots thing going on. I think
they were worried they couldn't tell their members to turn it off
and stop. I think the only way to stop what was coming was to take away
the focus, that is, by bullying our provincial executive into taking the
deal." (94)
In my view, both the explanation produced from within the labour
officialdom itself and that which makes social democratic electoralism
the key factor suffer from inadequate understandings of the contemporary
Canadian labour officialdom. Both treat it as simply a collection of
individuals without considering the conditions of existence and
positioning within class relations of officials as a social layer. The
thinking of some HEU militants is more probing. Their insights move in
the direction of the kind of historical materialist analysis of the us
labour officialdom developed by Robert Brenner, which also applies in
the Canadian context. In brief, full-time union officials do not share
the same conditions as members and are only indirectly affected by
attacks on workers' wages and working conditions. The union
institution provides officials with their livelihood and also
"constitutes for them a whole way of life--their day to day
function, formative social relationships with peers and superiors on the
organizational ladder, a potential career, and, on many occasions, a
social meaning, a raison d'etre." For them to socially
reproduce themselves as union officials, the union institution must be
preserved. Thus there is a very strong tendency for them "to come
to conflate the interests of the organizations upon which they depend
with the interests of those they ostensibly represent." It is
because the labour officialdom is a bureaucratic social layer of a
particular kind that it tends to support social democratic politics, for
these allow it to oppose employers and corporate-backed political
parties without engaging in forms of struggle that could potentially
lead to serious damage to union institutions. Its social-material
existence also sheds light on why, as Mark Leier has suggested, the
officialdom believes that workers "cannot determine their own
struggles" and must be managed. (95)
Similarly, the concerns of top officials about fines and the legal
prosecution of HEU appear in a different light when the interests of
full-time union officials are not uncritically assumed to be the same as
those of members. This kind of theoretical conceptualization also allows
us to better understand the role that the belief that escalating
solidarity strikes would hurt the NDP's prospects (and that support
for the NDP is the political strategy for labour) played in informing
the actions of key BCFL leaders, because it explains their support for
the NDP as not simply an ideological choice but an expression of the
distinct interests of the labour officialdom. Escalating direct action
was seen as harmful for the NDP's electoral fortunes. It was also
seen as dangerous for the institutional security of BC's unions,
which risked fines, and their leaders, who risked legal prosecution,
while also threatening to move beyond the ability of top officials to
control. (96) What this analysis does not directly answer is the
challenge of those who argue that the HEU PE majority voted to accept
the memorandum and end the strike because to do so was the best possible
option in the circumstances. Evaluating this claim requires a broader
evaluation of the strike.
Assessing the Strike and its Implications
A central question in any assessment of the HEU strike is what it
represented for the working-class movement. On this point, the BCFL
leadership has been clear about its interpretation. Its president, Jim
Sinclair, stated that "This collective effort forced the government
to back down from Gordon Campbell's mean and incompetent attempts
to privatize health care ... We were able to protect jobs and enhance
severance in the range of eight to ten thousand dollars per
worker." (97) Another BCFL officer, Steve Hunt, Director of
District 3 of the Steelworkers, has written of the settlement, "We
regard this as a win for the entire labour movement in British
Columbia." (98) According to HEU's Allnutt, "we were
faced with a law and a government that was determined to privatize
health care and we have limited that. And, in that, it is a victory for
working people and patients in this province." (99) However, the
evaluation of the strike as a victory has been widely disputed in the
labour movement, as seen in the responses of many members of HEU and
other unions to the acceptance of the 2 May memorandum and the
cancellation of the escalating solidarity strike action that was about
to occur. As one CEP activist put it, "They [full-time officials]
always call defeats they have allowed or collaborated in
'victories.' If they called it a 'defeat,' there
would be a lot of pressure to draw a balance sheet on what went right
and what went wrong, so that we wouldn't make the same mistakes the
next time." (100)
Whether one draws the conclusion that the HEU strike was a victory
or defeat for workers hinges on two key issues. First, what does the
settlement objectively represent? Second, in the actual circumstances of
early May 2004, could there have been an outcome more favourable for
workers? The question of the settlement is relatively straightforward: a
15 per cent wage cut starting from 1 May rather than 1 April, longer
hours of work, and enhanced severance. The cap that limits the loss of
FTES "as a direct result of contracting out" to 600 over two
years is more contentious. Dulmage has pointed out that "the
so-called cap on contracting-out does not include jobs lost to closures,
restructuring, or privatization," only contracting-out narrowly
defined. (101) Major concessions on wages, longer hours, some limitation
on the loss of jobs through contracting-out, and severance funds do not
amount to a convincing case for calling the strike a victory of any
kind.
Be that as it may, could there have been escalating strike action
leading to a better outcome? Much hinges on one's answer to this
question. HEU's Muzin has argued that "a general strike ... is
the culmination of a lengthy mobilization process ... that requires
broadly agreed-upon objectives." It would have as its prerequisite
"an agreed-upon agenda" that "would encompass a wide
range of issues," including those affecting unions, Aboriginal
people, social assistance recipients, women, students, and senior
citizens. Because such an agreement among unions and community groups
did not exist, a general strike was not possible. (102) This
perspective, which contends that the only alternative was a full-fledged
general strike and that because one was not in the cards the settlement
that was reached was the best that could have been achieved, has been
directly challenged in the statement issued by the Solidarity Caucus,
recently formed by BC left labour activists:
An effective and durable general strike may or may not have been a
real possibility, but that's not the issue. It was possible to
inflict a resounding defeat on the Campbell Liberals and their corporate
backers. On May 2 we were on the brink of BC labour's biggest
snuggle in decades, a massive strike wave that could have driven a stake
through the heart of the Liberals' privatization of health care
services. We had the biggest chance in three years to defeat Campbell,
and it was tom from our fingers by the capitulation of our own leaders.
(103)
The belief that BC was "on the brink of a massive strike
wave" is plausible. As we have seen, it is also more than plausible
that most of the top officials of the BCFL wanted to prevent this from
happening and acted accordingly. In the opinion of a top HEU official,
"it would have been a huge, huge walkout on Monday, but it was not
our sense that it could have been sustained past Tuesday or
Wednesday." (104) This evaluation is open to debate. Even with many
union officials, particularly but not solely those in the private
sector, opposed to anything more than one day of walkouts, the course of
a solidarity strike wave would not have been decided by them alone. Its
scale and character would have reflected the degree of commitment among
union members and other HEU supporters, their willingness to follow the
leadership of top labour officials when the latter attempted to
demobilize, the extent to which the members, local officers, and PE of
HEU and other militants were willing to appeal directly to other workers
to continue to strike and demonstrate, and the responses of the
government, police, judiciary, and employers.
Could a shut-down of the public sector and at least some strike
action in the private sector have won the repeal of Bill 37 and a
contract that protected health care workers' jobs against
privatization, thereby ensuring that hospital and long-term care support
services remained public and dealing an aggressive neoliberal government
a stinging political defeat? While there is no way of definitively
answering a question about events which did not take place, in my
judgement the solidarity strikes that occurred on 30 April, the
widespread popular support for HEU, and the willingness of a surprising
number of workers to defy the law and strike in solidarity with HEU are
sufficient to answer this in the affirmative. On this basis, then, the
strike can be judged an avoidable defeat (though not as severe a defeat
as it would have been if HEU had gone back to work as soon as Bill 37
was passed), a missed opportunity. The reasons why a strike in which
over 40,000 strikers showed such resolve and received remarkable support
ended as it did have already been outlined. In light of these, one can
conclude that a necessary but missing condition for an outcome more
favourable to workers was the existence of self-organized activists
within the BC labour movement, or at least in HEU, capable of providing
an alternative leadership in a conjuncture that was truly, to use
Bensaid's phrase, "pregnant with events." That such an
organized presence did not exist is apparent: "what people have
talked about here is that there wasn't strong enough grassroots
connections for people to have carried it off doing it in defiance of
the leadership ... connections between workplaces, and between towns and
cities." (105)
To conclude, what are the implications of this analysis of two
years of difficult struggle for HEU? Bills 29 and 3 7 are further
reminders that neoliberal governments are prepared to dispense with the
rights to collectively bargain and strike and with provisions in the
contracts of public sector workers that hinder the implementation of
capital's agenda. (106) Like strikes by nurses and other public
sector workers in recent years, HEU's strike of 2004 demonstrates
the unity and resolve with which a multiracial and mostly female
workforce not traditionally seen as militant can act, given adequate
workplace organization and leadership. The level of popular sympathy and
active solidarity the strike sparked suggest that, contrary to the
counsel of those who believe that public sector strikes are bound to
meet with indifference or hostility from other working people, such
strikes are capable of serving as effective rallying points for popular
resistance to neoliberalism. (107) If the exceptional willingness to
strike in support of HEU and in defiance of both labour law and
ingrained assumptions in contemporary Canadian unionism reflected
particular traditions in the BC working class, its sources are not
reducible to this militant inheritance alone. They likely also included
the association of health care workers with an eroding medicare system
that still enjoys deep popular support and a certain gendered sympathy
with women wage-earners, who in the Canadian working class today are
increasingly seen to be as entitled to good jobs as men. (108) That
HEU's confrontation with employers and the provincial government
ultimately ended in defeat is best explained not simply by the politics
of labour's official leadership but by the character of the
contemporary labour officialdom as a distinct social layer which
generally eschews forms of struggle that could threaten union
institutions and established bargaining relationships. These analytical
conclusions deserve serious consideration by all who are concerned about
the future of the Canadian working-class movement.
I owe an enormous debt of gratitude to the union members and staff
who spoke with me, engaged in correspondence, provided me with
materials, and, in two cases, gave me feedback on the research. Their
aid was invaluable. Thanks also to the reviewers for the journal and to
Bryan Palmer for their comments, and to Garth Hardy for transcribing
interviews. Any errors are, of course, my responsibility alone, as are
all interpretations of issues and events.
(1) On the Alberta examples mentioned, see Yonatan Reshef and
Sandra Rastin, Unions in the Time of Revolution: Government
Restructuring in Alberta and Ontario (Toronto 2003), 10-1, 156-61. On
the Saskatchewan nurses, see Larry Haiven, "Saskatchewan: Social
Experimentation, Economic Development and the Test of Time," in
Mark Thompson, Joseph B. Rose, and Anthony E. Smith, eds., Beyond the
National Divide: Regional Dimensions of Industrial Relations (Montreal
and Kingston 2003), 188-9, and Saskatchewan Union of Nurses, "The
Strike of 1999," <http://www.sun-nurses.sk.ca/about_history/1999
strike. html>. On CUPW, see Bryan D. Palmer, Working-Class
Experience: Rethinking the History of Canadian Labour (Toronto 1992),
345, and Leo Panitch and Donald Swartz, From Consent to Coercion: The
Assault on Trade Union Freedoms (Aurora 2003), 167-8. The York
University strike of 2001 is assessed in Clarice Kuhling, "How CUPE
3903 Struck and Won," Just Labour: A Canadian Journal of Work and
Society, 1 (2002), 77-85,
<http://www.yorku.ca/julabour/volumel/jl_kuhling.pdf>. Many
instances of public sector union quiescence and muted opposition in the
face of neoliberalism in the 1990s are visible in Gene Swimmer, ed.,
Public Sector Labour Relations in an Era of Restraint and Restructuring
(Don Mills 2001). Two noteworthy studies of public sector strikes are
Jerry P. White, Hospital Strike: Women, Unions and Public Sector
Conflict (Toronto 1990) and David Rapaport, No Justice, No Peace: The
1996 OPSEU Strike Against the Harris Government in Ontario (Montreal and
Kingston 1999).
(2) As part of my research, I conducted and recorded confidential
semi-structured interviews with six key informants in the Hospital
Employees Union [HEU] and the Canadian Union of Public Employees [CUPE].
All references to interviewees and correspondents in the footnotes are
anonymous, identified by union affiliation and a letter-number code,
with members holding union office (whether as stewards, local officials,
or officials above the local level) given the suffix O, other members M,
and staff S.
(3) Peter Warrian, Hard Bargain: Transforming Public Sector
Labour-Management Relations (Toronto 1996), 11.
(4) Brendan Nolan, "Conclusion: Themes and Future Directions
for Public Sector Reform," in Brendan C. Nolan, ed., Public Sector
Reform: An International Perspective (Basingstoke and New York 2001),
185.
(5) Warrian, Hard Bargain, 27.
(6) See OECD, Governance in Transition." Public Management
Reforms in OECD Countries (Paris 1995); OECD, Public Management Reform
and Economic and Social Development (Paris 1998); OECD, Government of
the Future (Paris 2000).
(7) John Shields and B. Mitchell Evans, Shrinking the State:
Globalization and Public Administration "Reform" (Halifax
1998); Bob Jessop, "Post-Fordism and the State," in Ash Amin,
ed., Post-Fordism: A Reader (Oxford and Cambridge, MA 1994), 251-79;
Stephen McBride and John Shields, Dismantling a Nation: The Transition
to Corporate Rule in Canada (Halifax 1997); Gary Yeeple, Globalization
and the Decline of Social Reform: Into the Twenty-First Century (Toronto
2000). Relevant here are Gerard Dumenil and Dominique Levy, Capital
Resurgent: Roots of the Neoliberal Revolution (Cambridge, MA, and London
2004) and, on Canada, Murray E.G. Smith, "Political Economy and the
Canadian Working Class: Marxism or Nationalist Reformism?,"
Labour/Le Travail, 46 (2000), 343-68.
(8) The highly compressed argument that follows draws on Peter
Burnham, "Capital, Crisis and the International State System,"
in Werner Bonefeld and John Holloway, eds., Global Capital, National
State (New York 1995), 92-115; John Holloway, "Global Capital and
the National State," in Bonefeld and Holloway, eds., Global
Capital, National State and the Politics of Money, 116-40; Werner
Bonefeld, The Recomposition of the British State During the 1980s
(Aldershot 1993); Simon Clarke, Keynesianism, Monetarism and the Crisis
of the State (Aldershot 1988); Burnham, "The Politics of Economic
Management in the 1990s," New Political Economy, 4 (1999), 37-54.
(9) Burnham, "Capital, Crisis and the International State
System," 103.
(10) Alan Sears, "The 'Lean' State and Capitalist
Restructuring: Towards a Theoretical Account," Studies in Political
Economy, 59 (1999), 91-114. Sears uses this theory to analyse the
restructuring of public education in his Retooling the Mind Factory:
Education in a Lean State (Toronto 2003). On lean production and related
aspects of contemporary work reorganization and economic restructuring,
see Kim Moody, Workers in a Lean World: Unions in the International
Economy (London and New York 1997), 41-113; Tony Smith, Technology and
Capital in the Age of Lean Production: A Marxian Critique of the
"New Economy" (Albany 2000); Isa Bakker, ed., Rethinking
Restructuring: Gender and Change in Canada (Toronto 1996); Leah F.
Vosko, Temporary Work. The Gendered Rise of a Precarious Employment
Relationship (Toronto 2000); Jamie Peck, Work-Place: The Social
Regulation of Labor Markets (New York and London 1996). On state
activity as the political administration of civil society, see Mark
Neocleous, Administering Civil Society. Towards a Theory of State Power
(London and New York 1996).
(11) Pat Armstrong and Hugh Armstrong, Wasting Away: The
Undermining of Canadian Health Care (Don Mills 2003), 56-94; The Report
of the Commission on the Future of Health Care in Canada (The Romanow
Commission): A Summary and Assessment ([Ottawa] 2002); Sylvia Fuller,
Colleen Fuller, and Marcy Cohen, Health Care Restructuring in BC
(Vancouver 2003).
(12) "Bill 29 strips rights, paves way for closures, cuts and
privatization," Backgrounders, 3 (March 2002),
<http://www.heu.org/cgi-bin/pi.cgi?t:../pubs/past_article3_7.html+published _dates_list.FILE:/backgrounders/published_dates_list+published_dates_list. RE_CORD: 10002+publications_list.FILE:admin/database/publications_list+ publications_list. RECORD!display:10003> (13 July 2004);
2001-2004 Health Services and Support Facilities Collective Agreement
between Association of Unions and Health Employers Association of
British Columbia; Mark Thompson and Brian Bemmels, "British
Columbia: The Parties Match the Mountains," in Thompson, Rose, and
Smith, eds., Beyond the National Divide, 108; "Gordon Campbell
Interview: Moving to the Middle," Guardian 18 (November-December
2000), <http://www.heu.org/cgi-bin/pi.cgi?t:../pubs/past_article3_4.html+ published_dates_list.FILE:/guardian/published_dates_list+
published_dates_list.RECORD:10013+publications_list.FILE:admin
/database/publications_list+publications_list.RECORD!display:10001>
(13 July 2004).
(13) Similar workers in a few facilities belonged to the BC
Government and Service Employees Union [BCGEU]. Many professional
employees are represented by the Health Sciences Association of BC
[HSA]. Registered Nurses belong to the BC Nurses Union [BCNU]. Some
skilled tradespeople in health care are members of craft unions. (14)
Statistics drawn from McIntyre and Mustel Research Ltd., HE U Member
Profile Survey: Draft (Vancouver 2002).
(15) Patricia G. Webb, The Heart of Health Care: The Story of the
Hospital Employees' Union (Vancouver 1994), 66-74; Marjorie Griffin
Cohen and Marcy Cohen, A Return to Wage Discrimination: Pay Equity
Losses Through the Privatization of Health Care (Vancouver 2004), 8-9,
25-6; HEU Constitution and Bylaws (2002), 1. Working-class women's
labour activism in the 1970s is surveyed in Meg Luxton, "Feminism
as a Class Act: Working-Class Feminism and the Women's Movement in
Canada," Labour/Le Travail, 48 (2001), 63-88.
(16) Webb, The Heart of Health Care, 13, 42, 32, 52, 59, 60, 86-8,
74, 91. HEU educational material included the IWW's "How to
Sack Your Boss: A Workers' Guide to Direct Action" and [Joey
Hartmann], "Some Examples of Direct Action in BC and HEU
History" (n.d.). On postwar BC labour, see Thompson and Bemmels,
"British Columbia" and Bryan D. Palmer, Solidarity: The Rise
and Fall of an Opposition in British Columbia (Vancouver 1987).
(17) Richard Hyman, The Political Economy of Industrial Relations.
Theory and Practice in a Cold Climate (London 1989), 246. For a clear
conceptualization of the labour officialdom as a distinct social layer,
see Robert Brenner, "The Paradox of Social Democracy: The American
Case," in Mike Davis, Fred Pfeil, and Michael Sprinker, eds., The
Year Left: An American Socialist Yearbook (London and New York 1985),
43-6. On post-war industrial legality and the character of the post-war
labour movement, see Judy Fudge and Eric Tucker, Labour Before the Law:
The Regulation of Workers' Collective Action in Canada, 1900-1948
(Don Mills 2001), 302-15; Anne Forrest, "Securing the Male
Breadwinner: A Feminist Interpretation of PC 1003," in Cy Gonick,
Paul Phillips, and Jesse Vorst, eds., Labour Gains, Labour Pains: 50
Years of PC 1003 (Winnipeg and Halifax 1995), 139-62; Palmer,
Working-Class Experience, 340-416; Palmer, "System Failure: The
Break-Down of the Post-War Settlement and the Politics of Labour in our
Time" (Text of a speech delivered 7 May 2004 to the Alberta
Federation of Labour membership forum)
<http://www.canadiandimension.mb.ca/extra/d0609bp.htm> (13 July
2004); Panitch and Swartz, From Consent to Coercion; David Camfield,
"Class, Politics and Social Change: The Remaking of the Working
Class in 1940s Canada," PhD thesis, York University, 2002, 307-28.
On HEU's Secretary-Business Manager, whose appointment must be
ratified at each HEU convention, see Webb, The Heart of Health Care,
40-2, 81, 24.
(18) Because a significant minority of HEU members are part-time
employees, the actual number of workers who lose their jobs is greater
than the number of FTEs cut, by approximately 50 per cent.
(19) Interview with HEU 0-3; Draft Briefing Material for Minister
of Health Services, 16 February 2002; "Women and Workers of Colour
Hit Hardest By Sellout" [Interview with Gretchen Dulmage], New
Socialist, 47 (May-June 2004), 27-8.
(20) Interview with HEU S-1; Interview with HEU S-2.
(21) Interview with HEU O-1.
(22) Interview with HEU S-2.
(23) Interview with HEU S-1.
(24) Donna Harrison, "BC's Protracted Class War,"
Canadian Dimension, 36 (July-August 2002), 12-3; Kimball Cariou,
"BC's Fightback," Canadian Dimension, 36 (March-April
2002), 8-9. In his pamphlet Labour, the NDP ... and Our Communities
(Victoria 2003), Victoria activist Jim Herring pointedly describes the
large demonstrations in Victoria (23 February) and Vancouver (25 May) as
"characterized mainly by ... controlled, non-participation ... and
a slavish obedience to the demands of police and municipal
authorities." (9-10)
(25) Lori Culbert, "Union Chiefs Arrested at Blockade: Fraser
Valley Hospital Workers Block Trucks Taking Laundry to Calgary,"
Vancouver Sun, 23 November 2002,
<http://www.canada.com/vancouver/vancouversun/index.html> (25
November 2002).
(26) Interview with HEU S-1.
(27) Interview with HEU S-1.
(28) Interview with HEU S-2.
(29) "Key Elements in the Framework Agreement Union Members
Will Vote on Between April 28 and May 15," Backgrounders, 4 (April
2003), <http://www.heu.org/cgi-bin/pi.cgi?t:../pubs/past_article3_10.html+ published_articles_list.FILE/backgrounders/4-1/publishedarticles
list+ published_articles_list.RECORD!Display:10000+published_dates_list.FILE: /backgrounders/published_dates_list+published_dates_list.RECORD:10006+ publications_list.FILE:admin/database/publications_list+
publications_list.RECORD:10003> (13 July 2004).
(30) Interview with HEU S-1.
(31) Interview with HEU O-1.
(32) Judith Lavoie, "Health Unions Reject Rollbacks,"
Times Columnist (Victoria), 17 May 2003, Al; Interview with HEU S-l;
Interview with HEU S-2; Interview with HEU 0-3; Interview with HEU O-1.
(33) Interview with HEU 0-3.
(34) Interview with HEU S-1.
(35) Cohen and Cohen, A Return to Wage Discrimination, 14, 23; Gary
Steeves, Affidavit, 2 May 2002; Transcript of telephone conversation
recorded 1 May 2002 between Jaynie Clark, Coordinator, Advocacy, BCGEU
and Luciano Anjos, Management Consultant; Transcript of telephone
conversation recorded 1 May 2002 between Gary Steeves, Director,
Organizing and Field Services, BCGEU and Spencer Green, Regional
Operations Director, Sodexho.
(36) Cohen and Cohen, A Return to Wage Discrimination, 15-9.
(37) Herring, Labour, the NDP ... and Our Communities, 10.
(38) Pressure from members on the CUPE leadership led to CUPE
pushing the CLC to appoint an umpire, who found that IWA 1-3567's
actions did indeed violate the CLC constitution. However, the local
ignored a CLC executive council directive to sign no more voluntary
recognition deals. Initial sanctions to the IWA were applied in March
2004. Beginning in May 2004, rulings by the BC Labour Relations Board
began to remove IWA certifications on the grounds that the
"partnership agreements" had not been properly ratified and
that a majority of workers had not freely chosen to be represented by
the IWA, clearing the way for HEU efforts to organize workers hired by
the contractors. The first ruling was B 173/2004, 20 May 2004, Aramark
Canada Facility Services Ltd. and Hospital Employees' Union and
Industrial Wood and Allied Workers of Canada [IWA Canada], CLC, Local
Union, Local No. 1-3567.
(39) The number of HEU members (full-time, part-time, and casual
employees) who had lost their jobs through contracting-out in acute care
and long-term care was estimated in early August 2004 as 7,917. E-mail
from HEU S-3 to author, 9 August 2004.
(40) Interview with HEU 0-3; Bob Wilson, "British Columbia
Hospital Workers Stage Wildcat Strike Over Impending Job Losses,"
Labor Notes, 301 (April 2004), 6.
(41) [HEU] Provincial Executive Bulletin 130 (Meetings of 22-25
February and 4 March 2004), 1-2.
(42) [HEU] Provincial Executive Bulletin 131 (Meeting of 27 March
2004), 1.
(43) Interview with HEU S-1.
(44) Quotations from one interview, whose code I am omitting to
protect the identity of the interviewee.
(45) Herring, Labour, the NDP ... and Our Communities, reports that
BCFL President Jim Sinclair's presentation to the January 2003
meeting of the All Islands Coalition in Nanaimo "amazed some
activists with its utter disregard for the effects the cuts are having
on people and infuriated many with the condescending, categorical
imperative that was its main theme: there is no other option than
waiting it out until we can re-elect the NDP" (9) and that Sinclair
recommended that a planned day of action instead became "a
'celebration' of having survived two years of Liberal
rule," (9) to the dismay of coalition members.
(46) Will Offley, "BC Ferries: The Workers' Watershed
Struggle," New Socialist, 45 (January-February 2004), 29-31. As the
Globe and Mail reported, the presidents of the BCFL and BCGEU
"helped moderate the militant ferry workers' stand," Rod
Mickleburgh, "BC Ferries Return to Service," Globe and Mail,
13 December 2003, A7.
(47) Interview with CUPE O-1; CUPE BC Workplan (September 2003);
CUPE Community Action Day Draft Speaking Notes (22 March 2004). One CUPE
activist described CUPE-BC's day of action plan as "throwing a
bone to the militant elements in CUPE" who had been demanding a
general strike for two years (Interview with CUPE M-1).
(48) [HEU] Provincial Executive Bulletin 132, 1-2.
(49) Interview with HEU S-1.
(50) Interview with HEU S-2.
(51) Interview with HEU O-3.
(52) Interview with HEU S-1; Interview with HEU S-2; Interview with
HEU O-1; Interview with HEU O-3; [HEU] Provincial Executive Bulletin
133, 1.
(53) Bill 37--2004, Health Sector (Facilities Subsector) Collective
Agreement Act; [HEU] Provincial Executive Bulletin 134, 1;
"Government Proclaims Back to Work Law," CBC British Columbia,
29 April 2004, <http://vancouver.cbc.ca/regional/servlet/View?filename=bc_law20040429> (29 April 2004); Interview with HEU S-2.
(54) Interview with HEU O-1.
(55) Interview with HEU O-3.
(56) [HEU] Provincial Executive Bulletin 134, 2.
(57) Interview with HEU O-3.
(58) Interview with CUPE M-1.
(59) "Hydro Walkout in Support of Hospital Workers, CBC
British Columbia, 29 April 2004,
<http://vancouver.cbc.ca/regional/servlet/View?filename=bc_hydro20040429> (29 April 2004); Doug Ward, "Strike Chaos Across BC,"
Vancouver Sun, 30 April 2004, A1.
(60) Interview with CUPE O-1.
(61) Interview with CUPE M-1.
(62) Interview with HEU S-1.
(63) Interview with CUPE O-1; Interview with HEU O-3; Fred Muzin,
Speech to CUPE Ontario Divisional Convention, 29 May 2004 (tape
recording); "Protest Walkouts Spread," CBC British Columbia,
30 April 2004, <http://vancouver.cbc.ca/regional/servlet/View?filename=bc_protest20040430> (1 May 2004); "Nurses Walk Out in Several
Communities," CBC British Columbia, 30 April 2004,
<http://vancouver.cbc.ca/regional/servlet/View?
filename=bc_protest20040430> (1 May 2004); Norman Gidney,
"Labour Crisis Deepens," Times Columnist (Victoria), 1 May
2004, Al; Willliam Boei and Jeff Lee, "HEU Defies Board, Continues
Strike With New Public Service Allies," Vancouver Sun, 1 May 2004,
Al; E-mail from anonymous [a CUPE BC official or staffer], "Re:
Friday Protest Action updated 10:00AM," 30 April 2004; Palmer,
Solidarity, 65-8. The BC Labour Relations Board officially declared the
HEU strike illegal on Friday morning.
(64) Daniel Bensaid, Marx for Our Times: Adventures and
Misadventures of a Critique (London and New York 2002), 88.
(65) Bensaid, "Leaps! Leaps! Leaps!," International
Socialism, 95 (2002),
<http://pubs.socialistreviewindex.org.uk/isj95/bensaid.htm>.
(66) "Compromise Possible, Says Campbell," CBC British
Columbia, 30 April 2004,
<http://vancouver.cbc.ca/regional/servlet/View?filename=bc_campbel120040430> (6 May 2004); "Campbell Appeals for Calm," Globe
and Mail, 30 April 2004,
<http://www.theglobeandmail.com/servlet/story/RTGAM.20040430.wbcstri30/ BNPrint/Front> (1 May 2004); "Health-care Strikes Could Be
Banned," CBC British Columbia, 30 April 2004,
<http://vancouver.cbc.ca/regional/servlet/
View?filename=bc_hansen20040430> (1 May 2004); "Union Leaders,
Minister Meet Behind Closed Doors," CBC British Columbia, 30 April
2004, <http://vancouver.cbc.ca/regional/servlet/View?filename=bc_bruce20040430> (1 May 2004).
(67) "James Calls on Premier to Recall the Legislature to
Resolve Crisis," BC NDP Newswire, 30 April 2004. As this NDP
statement reports, NDP MLAs had attempted to amend (not block) Bill 37.
James's tone was echoed by CLC President Ken Georgetti: "Would
you invest your money in a place like this, a place where the
government's word doesn't mean anything for very long?,"
"Brutal Attack on Workers Sets Disturbing Precedent," Canadian
Labour Congress Communique, 30 April 2004.
(68) Jim Beatty, "Union Document Reveals Plan for More
Disruption," Vancouver Sun, 1 May 2004, Al; E-mail from Harold
Lavender to author, 1 May 2004; "Chronology of Events Leading to
May 2 Memorandum," HEU Newsletter, 5 May 2004; Interview with HEU
S-1.
(69) Interview with CUPE M-1.
(70) Interview with HEU S-2.
(71) Michael McCullough, "BC May Avert Massive Labour
Shutdown," Vancouver Sun, 3 May 2004, Al; Memorandum of Agreement Between Government of British Columbia And Health Employers'
Association of BC And BC Federation of Labour And Facilities Bargaining
Association, 2 May 2004.
(72) Interview with HEU O-3; [HEU] Provincial Executive Bulletin
135, 1.
(73) "NDP Welcomes Resolution of Crisis," News Detail, 2
May 2004, <http://nid-625.newsdetail.bc.ndp.ca/> (3 May 2004).
(74) "An Explanation From One HEU Negotiator Dan
Hingley," <http://www.generalstrikenews.ca/Articles/2004-MAY-12
AN EXPLANATION FROM.stm> (25 May 2004).
(75) SE-mail from HEU O-4 to author; Interview with HEU S-1.
(76) Interview with HEU S-1.
(77) Interview with HEU S-2.
(78) Plouffe is quoted in "Some Hospital Workers Remain
Defiant," CBC British Columbia, 3 May 2004,
<http://vancouver.cbc.ca/regional/servlet/View?filename=bc_heu20040503> 6 May 2004).
(79) Interview with CUPE M-1; Cindy E. Harnett, Doug Ward, and
Frances Bula, "Health Workers Feel 'Sold Out' By Their
Union Leaders," Vancouver Sun, 4 May 2004, Al; Jack Knox,
"Deal Leaves Picketers Angry, Fate of Mass Protest in Doubt,"
Times Columnist (Victoria), 3 May 2004, Al. A photograph of Hibbs
appeared on the front page of the Vancouver edition of the Globe and
Mail, 4 May 2004.
(80) Cynthia J. Cranford, Leah F. Vosko, and Nancy Zukewich,
"The Gender of Precarious Employment in Canada," Relations
industrielles/Industrial Relations, 58.3 (2003), 454-82.
(81) David Camfield, "Assessing Resistance in Harris's
Ontario, 1995-1999," in Mike Burke, Colin Mooers, and John Shields,
eds., Restructuring and Resistance: Canadian Public Policy in an Age of
Global Capitalism (Halifax 2000), 306-17.
(82) I have outlined a theoretical approach to such research in my
"Re-Orienting Class Analysis: Working Classes as Historical
Formations," Science and Society, 68 (2004), 421-46.
(83) Interview with HEU O-3.
(84) Fred Muzin, "Wanted: A Culture of Protest," Guardian
(Summer 2004), 6.
(85) Allnutt is quoted in Mike Old and Patty Gibson, "Our
Fight for Justice and Fairness Goes On," Guardian (Summer 2004), 9.
(86) [Mike Barker], "The HEU Strike: What Did We Gain, Could
More Have Been Won?" (Vancouver 2004), 3.
(87) Geoff Bickerton, "Public Sector Struggles Continue,"
Canadian Dimension, 38 (May-June 2004), 7.
(88) According to HEU S-1, in the aftermath of the strike top HEU
leaders actively argued for this explanation within the union:
"there's a lot of effort being made to sell people on what the
right version of history is here."
(89) Kimball Cariou, "What Happened in British
Columbia?," Canadian Dimension, 38 (July-August 2004), 8-9;
"Despite May 2nd Setback, the Struggle Continues" (Statement
by the Communist Party of Canada BC Provincial Executive Committee), 5
May 2004; Interview with CUPE M-1.
(90) Interview with CUPE O-1.
(91) Interview with HEU O-1.
(92) Interview with HEU S-1.
(93) Interview with HEU S-1.
(94) Quoted in "Women and Workers of Colour," 28.
(95) Brenner, "The Paradox of Social Democracy," 44-51;
Mark Leier, Red Flags and Red Tape: The Making of a Labour Bureaucracy
(Toronto 1995), 34. Leier does not claim that every official shares this
view, but that this belief is a characteristic feature of the outlook
common to this social layer. Brenner's analysis is formulated at a
fairly general level; it is also necessary to study historically
specific labour officialdoms in more detail. No major studies exist of
the contemporary Canadian union officialdom, but see Palmer,
Working-Class Experience, 370-8; Palmer, Solidarity, 25-6; Palmer,
"System Failure"; Panitch and Swartz, From Consent to
Coercion, 148-53, 226-9. The statement of a newly formed grouping of BC
left labour activists is also relevant here. See "Solidarity Caucus
Statement," 29 July 2004. An article written days after the end of
the strike by a CEP activist contains an explanation of why top union
officials acted as they did that is in some ways similar to mine: Gene
McGuckin, "Don't Mourn, Organize!,"
<http://www.general strikenews.ca> (28 May 2004).
(96) One of the reviewers of this article, noting that "union
leaders had little confidence in the strategic and tactical
instincts" of militants who wished to escalate the strike,
suggested that the judgement of leaders who opposed this perspective
could be explained simply by their accumulated experience. There is no
doubt that the past experience of the top leaders of BC's unions
did inform the opposition of most of them to escalating solidarity
action. However, the strategic and tactical lessons that people draw
from experience are always shaped by their social conditions and
ideological outlooks, present and past. Thus in the case of BC's
top labour leaders the distinctive conditions of existence of the
full-time labour officialdom are very relevant to understanding the
conclusions drawn from accumulated experience. In addition, it is worth
noting that most union experience of recent decades would not have been
of much help when it came to recognizing the possibilities latent in the
political moment created by HEU's defiance and the growing impulse
for action in solidarity with HEU at the end of April 2004. This
conjuncture was unlike anything in the experience of BC labour in recent
years, with the partial exception of the Solidarity movement of 1983.
(97) "Poll Shows Over 68 Percent of British Columbians Oppose
Stripping of Health Care Contract," BCFL News Release, 5 May 2004.
(98) Steve Hunt, "Speaking of Solidarity," Our Times, 23
(June-July 2004), 20.
(99) Quoted in Bickerton, "Public Sector," 7.
(100) McGuckin, "Don't Mourn, Organize!"
(101) Quoted in David Camfield, "British Columbia Union
Leaders Call Off Province-Wide Strike: Workers Unhappy with
Settlement," Labor Notes, 303 (June 2004), 6.
(102) Muzin, "Wanted," 6. This understanding of general
strikes brings to mind one viewpoint in the early 20th-century debate
among European Marxists about mass strikes. For a critique, see Rosa
Luxemburg, "The Mass Strike, the Political Party and the Trade
Unions," in Mary-Alice Waters, ed., Rosa Luxemburg Speaks (New York
1970), 159-61.
(103) "Solidarity Caucus Statement."
(104) Interview with HEU O-3.
(105) Interview with HEU S-1. My conclusion about HEU's
struggle is similar to Palmer's conclusion about the Solidarity
movement in BC in 1983: a different outcome would have required at least
"serious organized opposition within the ranks that it [the top
leadership] necessarily had to pay some attention to" (Solidarity,
89). Late 20th-century strikes on which rank-and-file activist
organization had an impact include the US national telephone strike of
1970, the miners' strike of 1977-78 (on which see Kim Moody and Jim
Woodward, Battle Line." The Coal Strike of '78 [Detroit
1978]), and the 1996 postal workers' struggle in the UK. My thanks
to Sheila Cohen and Kim Moody for suggesting these historical examples.
(106) Thus they are but two more additions to the long list of
similar pieces of legislation chronicled in Panitch and Swartz, From
Consent to Coercion.
(107) This is consistent with the international experience that
public sector unions have been at the forefront of resistance to
neoliberalism, as Moody points out in Workers in a Lean World, 272-3.
(108) This is suggested by such studies as Meg Luxton and June
Corman, Getting By in Hard Times: Gendered Labour at Home and on the Job
(Toronto 2001), but this research also shows that working-class women
continue to face many barriers to participation and equality in paid
work.
David Camfield, "Neoliberalism and Working-Class Resistance in
British Columbia: The Hospital Employees' Union Struggle,
2002-2004," Labour/Le Travail, 57 (Spring 2006), 9-41.
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