POWER ELEMENTS 1. Authority . Weber talked of legitimate authority. The legal endorsement of management rights and ownership rights in modern workplaces is a significant source of powers for management and investors. The National Labor Relations Act (NLRA) helped establish the legitimacy of unions but it did not provide unions or workers with authority. Although the NLRA purported to establish “partnership” between unions (workers) and management (investors), it did not establish shared authority (see Brian Langille). Canada’s post WWII system was modeled on the NLRA and also failed to establish shared authority. Unions did obtain some legitimacy when the post-WWII law recognized their legitimacy. Employers are now required to recognize duly constituted unions as legitimate. Gone are the days of their being illegal in restraint of trade. However, modern law itself places constraints on workers’ power. For example, wildcat strikes are illegal and many public sector workers have no right to strike at all. Some workers, such as agricultural workers in Alberta have no right to form unions. When workers do strike lawfully, employers in most Canadian jurisdictions have the right to use replacement workers (scabs). Further, while the law requires the parties to bargain in good faith, employers typically do not bargain away management (ownership) rights. That is the right to determine workplace rules and standards, and when, how and where work is done, and by whom. The formation of a union remains difficult at times. Under the Alberta Labour Relations Code (the Code) union organizers are not permitted to sign up members at their place of work. To obtain certification, for a bargaining unit, a union must present the Alberta Labour Relations Board (ALRB) with evidence that at least 40% the proposed bargaining unit are members of the union. If the union meets and other requirements of the Code, the ALRB will hold a vote open to all members of the bargaining unit. A majority vote determines the outcome of the certification application. While the Code prohibits employer involvement in the application for certification, it is not uncommon, particularly with US corporations such as Walmart and Tyson Foods (Lakeside Feeders) that management influence employees’ voting. Threats of moving production elsewhere, lay-offs etc., while illegal, are difficult to stop. Typically the ALRB simply issues an order to the employer to cease and desist. 1 2. Economic power. Economic power can be enhanced by the ownership and possession of property such as land, capital, and labour (yes slavery is officially illegal in Canada but not in some other parts of the world) and of skills, knowledge, and the capacity to work. The possession of such things does not guarantee substantial economic power. Much depends on the supply of and the demand for them. A highly talented musician may have low economic power if there is low demand for her skills. If there is high demand for certain skills, employees who have them have an economic advantage. As the industrial revolution demonstrated, employers with the authority and power to determine how work is done can reduce the economic power of workers by creating systems that reduce complex work and skills to a multiplicity of simple tasks that require little individual skill from employees. The economic power of workers in crafts was great and was resisted by craft unions. The knowledge of craft workers remained but demand for it fell and eventually disappeared. At best, craft unions were sometimes able to persuade employers to allow craft workers to undertake the deskilled work. What most craft workers could not do was reap the preindustrial-revolution benefits that accrued to them by virtue of their secret knowledge. While unskilled and semi-skilled work can be well-paid in times of high demand for such labour, there is a great risk of redundancy and low economic power when the demand for such labour is low. That is, job security and economic security of workers is reduced by their lack of authority in workplaces. If workers had greater authority in determining systems of work, economic power of workers would increase, and remuneration, job security, and enjoyment and intensity of work would be more favourable. Economic security of workers can also be reduced if employers can increase the supply of labour. The deskilling of work itself tends to increase the supply of labour as it allows the immigration of low-skilled, foreign workers and the outsourcing of such work to countries where wages and employment standards are lower than those in Canada. Employers cannot access such labour supplies unaided. They require laws and policies that permit the easy movement of capital and labour across national borders. To their credit, large corporations have successfully convinced most, but not all, governments that the easier transnational movement of labour and 2 capital is of benefit to everyone. This touches on the power of alliances, which are considered below. 3. Knowledge High levels and quality of education are frequently cited as crucial to cohesive, democratic and economically advanced societies. As noted above, knowledge and education can enhance economic power. Knowledge can also enhance one’s ability to influence the beliefs and actions of others. Those with knowledge of marketing can use it to promote sales of products to consumers. Knowledge of marketing can be social marketing, that is, the persuasion of others to adopt certain lifestyles. Such marketing can be to promote healthier lifestyles, reduce unhealthy addictive behaviour, and encourage young people to join the military and so on. Successful marketing requires knowledge of people’s needs or perceived needs and knowledge of how best to communicate with such persons. Such knowledge can be used in different ways. It can be used to control, exploit, liberate, assist or understand others. The value of knowledge in Canada is affirmed by patent and copyright laws that protect the creators of ideas from theft of their knowledge or its fruits. While knowledge is frequently viewed as a commodity, and only attainable through formal systems of schools, colleges, and universities, we must recognize the value of the knowledge passed on orally and through action by elders and parents in many cultures, particularly traditional cultures regarding healthy living 4. Alliances. Strength in numbers, diversity of ideas. Mutual support. Sharing risk. This can involve conceding some personal objectives to support the whole. See federations Iroquois, USA, Canada, European Community, treaties including trade treaties, corporations, investors groups, insurance companies, unions, federations of unions, political parties, clubs, associations and countries. 5. Force. Law endorses force to some extent but only if authority. Force can be legitimate or illegitimate. If not legitimate, there is likely to be resistance. Force was frequently used in early days of I.R. There were beatings of workers by employers’ bosses or security personnel. Strikes and lockouts created picket line violence, often involving the police, who tended to favour employers. Intimidation was used by employers to discourage unionization while union leaders also engaged in intimidation of employers and workers 3 reluctant to join the union. Men, women and children were used for slavery and serfdom. Children were frequently brought into factories and mines to assist their parents to accomplish the workload. 6. Ideas Persuasion of others. See divine right of kings, democracy. Better life through materialism? Spirituality. Brotherhood and sisterhood. Dignity in work. Development or portrayal of the employer as a family. Marketing and the art of persuasion. Managerialism emerged to win the loyalty of workers over unions. The IBM songbook. Power itself is viewed differently. There is a difference between having “power over” others and having “power to” do things. Such power can be used to facilitate the action of others or to coerce such action. The weakness of coercion is that it frequently incites resistance. Hence much of the conflict in the world. 4