Text of speech given by St. Catherines CAW activist Bruce Allen at a Toronto New Socialist meeting in June. Labour in a Globalized Economy by Bruce Allen Over the past three years four critically important and protracted labour struggles have exemplified Capital's increasingly aggressive onslaught against workers in the context of capitalist globalization. Chronologically, the first of these four struggles was the strike and subsequent lockout of the newspaper workers employed by the Detroit Free Press and the Detroit News. Together the two newspapers comprise the Detroit Newspaper Agency or the DNA. This dispute began on July 12, 1995 as an unfair labour practices strike. Detroit's newspaper bosses prepared for the strike for months in advance with the obvious goal of imposing a crushing defeat on the newspaper unions representing the workers at both newspapers. The DNA made advance preparations by hiring security guards and scabs and by making arrangements with the police so that the cops would be mobilized en masse against the strikers. The newspaper bosses also consciously provoked the strike by taking unilateral actions such as imposing a system of merit pay on reporters the moment the existing contract expired. The ultimate goal of the newspaper bosses was to impose sweeping contract changes to weaken the unions and be able to streamline and downsize their workforces. Indeed, this is exactly what they did during the course of the ensuing strike. During the first two months of the strike major picket line confrontations took place on a routine basis. The strikers managed to disrupt the production and distribution of the newspapers that were operating with scab workforces. The strike was strong and enjoyed broad support within the labour movement and the community. But the balance of forces began to decisively shift in September 1995 when the DNA got an injunction to limit picketing. The Metro Council of Newspaper Unions (the umbrella organization for the newspaper unions) responded by obeying the injunction thus ending the most effective efforts to disrupt the production and distribution of the scab newspapers. The MCNU shifted its focus on to legal action against the newspaper bosses in the courts and at the National Labour Relations Board and to conducting boycotts of circulation and advertising in the scab newspapers. The newspaper unions also began a nominal boycott of USA Today which is owned by the same media conglomerate as the Detroit Free Press. Despite the injunction periodic confrontations continued to take place at distribution centres for the scab newspapers. However, in early 1996 the MCNU called these off as well in response to legal pressure from the DNA. The MCNU capped its course of capitulation in July 1996 by signing a "consent agreement" with a U.S. District Court and the NLRB pledging not to interfere with the scab newspapers' operations anywhere. From early 1996 onwards, rank and file militants initiated virtually all of the actions taken by the strikers that were designed to put real, direct pressure on the newspaper bosses. These militants were initially organized into a grouping called the Unity Victory Caucus and then into the Action Coalition of Strikers and Supporters (ACOSS). Their actions included acts of civil disobedience. But most notably, there were concerted efforts to compel the AFL-CIO to organize a national mobilization on Detroit in support of the striking workers. The call for this national action got the backing of the MCNU and the Detroit AFL-CIO Council. But it was strongly opposed by AFL-CIO President John Sweeny. Even so, the pressure built as the striking newspaper workers and their supporters across North America managed to compel the AFL-CIO Executive Council to back a national march on Detroit at its February 1997 meeting. It did so over Sweeny's objections. But, as one striker put it, this victory was a consolation prize. Just days before the AFL-CIO Executive Council's decision the MCNU informed the newspaper bosses they were making an unconditional offer to suspend the strike and return to work. The offer was made without the approval of the rank and file of any of the striking unions. The newspaper bosses responded by verbally accepting the offer and then proceeding to say that they were going to continue to employ the replacement workers who had been employed by them during the strike. The strikers, they said, would only be called back as openings became available and this would not apply to those who were fired during the course of the strike. The strike became a lockout in which most of the workers who struck remained on the street while the scabs continued to do their jobs. On June 20 a judge found the newspaper bosses guilty of provoking an unfair labour practices strike but the DNA appealed and the matter remains tied up in the courts to this day. The AFL-CIO's national march on Detroit took place the following day but had no discernable impact on the dispute other than to show that the locked out workers had broad moral support within the rest of the U.S. labour movement. The lockout is still on and Detroit newspaper boss Frank Vega's claim that the dispute will be tied up in the courts until all of the strikers have either died or left town is in danger of being born out. Mobilizations are still taking place. But they are only the ones organized by ACOSS and its supporters elsewhere in North America. >From Detroit to Liverpool Just over two months after the newspaper strike began in Detroit another critically important marathon struggle began. The struggle in the Port of Liverpool was also a response to a pre-planned effort designed to crush a unionized workforce. In September 1995 the Mersey Docks & Harbour Company (MDHC) took advantage of Margaret Thatcher's labour laws to eliminate the bulk of its unionized workforce. The MDHC replaced it with a non-union workforce comprised of scab, casual labourers and tailored to the needs of just in time global transportation systems and standardized work procedures. In other words, the Liverpool dock bosses consciously put in place a lean workforce to match an increasingly lean global transportation industry. The MDHC found the pretext it wanted for making this change when an overtime dispute occurred at a sub-contracting firm in the port. The dispute was provoked by management and led to several workers being fired. The fired workers and their counterparts proceeded to set up a picket line that the main body of dockworkers in the Port of Liverpool would not cross. This refusal to cross a picket line constituted the same thing as a secondary strike under Britain's labour laws and enabled the MDHC to fire the entire workforce and replace it with the workforce the employer wanted. Since this was an unofficial dispute not recognized under British labour laws the leadership of the dockworkers' union, the Transport &General Workers Union (T&GWU), refused to officially back the workers. Like the MCNU in Detroit they were not prepared to defy the law and effectively left the fired workers and their Shop Stewards to fight on their own. The union's top leadership also persistently tried to settle the dispute without the involvement of the Shop Stewards who remained accountable to the fired dockworkers. Worse still, the fired dockworkers and their Shop Stewards also quickly found themselves at loggerheads with the leaders of Britain's Trades Unions Congress and the International Transport Workers Federation (ITF) to which the T&GWU belongs. Nonetheless, the fired dockworkers enjoyed widespread public support and the support of countless other dockworkers around the world who were also under attack because their bosses wanted lean operations. Consequently, over the 28 months that the dispute lasted the fired Liverpool dockworkers and their counterparts held dockworkers' conferences to discuss their common problems and plot strategy. These events marked the emergence of an international dockworkers' movement united in opposition to capitalist restructuring of their industry and meant that the MDHC had quite unintentionally prompted the emergence of an embryonic, industry-wide organization of dockworkers on an international scale. The ITF denounced the participants as members of a "counter-organization". Thus, in the absence of secondary strikes in Britain in support of the fired dockworkers, there were secondary strikes in support of them around the world. These secondary strikes were facilitated by the use of information technologies and they offered a glimpse of the incredible possibilities offered by these technologies in terms of facilitating efforts to counter Capital's global offensive against labour. Most notably, on January 20, 1997 an international day of action saw job actions and other protests take place in 27 countries around the world and in 105 ports and cities. Ports along the entire U.S. West Coast came to a standstill. Such mobilizations left a lasting impression upon militants around the world. But ultimately even they were not enough and after 28 months the fired dockworkers could not hold out any longer. Their struggle came to a disappointing conclusion in January of 1998 when they accepted severance packages. Liverpool's dock bosses got the type of workforce they wanted to meet their perceived needs within an increasingly lean, just-in-time global transportation industry and at a price they were prepared to pay. From Liverpool to Australia One of the unions that had been solid in support of the fired Liverpool dockworkers was the Maritime Union of Australia. In a matter of weeks following the conclusion of the struggle in Liverpool the dockworkers represented by the MUA would see the "Liverpool solution" exported to Australia. As in the Liverpool dispute the employer, Patricks Inc., consciously set out to rid itself of a unionized dock workforce in favour of a non-union dock workforce tailored to what Capital deems necessary for the global transportation industry. Patrick's wanted a highly flexible workforce employed on the basis of individual, as opposed to collective, agreements and not protected by traditional union workplace rules. Patrick's, like the DNA, wanted a workforce that could be substantially downsized yet sufficiently utilized to still meet its needs. And as was the case in both Detroit and Liverpool the employer was prepared for a decisive showdown in order to get such a workforce. The dock bosses at Patrick's consciously set out for a decisive confrontation well in advance and did so with the full collusion of the Australian government. Thus, in late 1997 Patrick's was caught training serving and former members of the Australian military in the United Arab Emirates as scab longshore workers to be deployed against the MUA. They were being readied as paramilitary strikebreakers in the event of a breakdown of contract negotiations with the MUA. The public exposure of these activities and the response of the MUA brought them to a halt but did not alter the basic game plan of Patrick's and Australia's conservative government of John Howard. Consequently, when the MUA's collective agreement with Patrick's neared expiration at the end of this past March the stage was set for an attempt to crush Patrick's unionized dock workforce. When workers at Patrick's terminal in Sydney voted in a mass meeting to reject the employer's final pay offer and to endorse a seven day strike Patrick's went into action. Patrick's deployed what amounted to a private army under the cover of night. Hundreds of security guards with dogs stormed the wharves on Australia's waterfront to take control of dock operations and fire 1,400 full time and 600 part time unionized dockworkers. The MUA members were abruptly dismissed on the spot and ordered to leave the facilities. The MUA's response was to turn to the law thinking this could result in a full reversal of the employer's actions. Specifically, the MUA sought to obtain a legal order prohibiting Patrick's from hiring scabs or transferring its assets. And in this case the ITF did what it would not do for the fired Liverpool dockworkers by rallying international support for MUA. The difference in the ITF's response can be simply explained. The ITF saw that the law was on the MUA's side and that the MUA's leadership fully backed the struggle against Patrick's so it offered support. Likewise, for the same reasons, the Australian Council of Trade Unions did what the British Trade Unions Congress would not do and pledged its support for the dockworkers. The manoeuvres of these union bureaucrats notwithstanding, the MUA got immediate support from across the base of the labour movement in Australia and considerable support from the same dockworkers who had supported the struggle in Liverpool. Thousands of construction workers responded by marching through Sydney in solidarity with the dockworkers and Australia's oil workers threatened industrial action in spite of trade union laws that would have forbid it and resulted in damage suits. Numerous protests were staged outside of Australia. Once again, the contrasts in what took place compared to what happened in response to the struggle in Liverpool were obvious. Patrick's chairman Chris Corrigan subsequently stated that his firm had to take action because of what he called the failure of the MUA to negotiate acceptable, meaning flexible and lean, work practices. Australian PM John Howard showed whose side he was on by calling Patrick's action a "defining moment" in the industry. He had promised two years earlier to break the MUA, which is considered the backbone of the Australian labour movement. Very significantly, the framework for an end to the confrontation began to emerge on May 6. An Australian high court "upheld the right of the unionists to be reinstated, but found the administrators must have the freedom to make commercial decisions". Consequently, the MUA's initial delight over what it perceived to be a legal victory would prove to be short-lived and a massive show of force in solidarity with the MUA by Australia's labour movement on the same day as the ruling was handed down would prove to be quite inadequate. In practical terms, the ruling meant that not all of the 1,400 full time dockworkers were going to be guaranteed their jobs. The MUA's President John Coombs then began to say that the MUA was willing to negotiate on workplace efficiency once all of the fired dockworkers were reinstated. And that was just his opening position. Protracted negotiations ensued. By mid-June the fired dockworkers had received only 60% of the wages owed to them since they were illegally discharged on April 8. By June 13 the MUA and Patrick's were reportedly close to an agreement. All indications were that the agreement would "almost certainly include major concessions to the company" and it was expected to include up to 600 redundancies. So Patrick's had committed a wholly illegal act by organizing a military assault on the docks and firing their unionized workforce the company. Yet it was going to be rewarded with the kinds of workplace changes that Chris Corrigan said he wanted in the first place and with a substantially downsized workforce. There was no victory for the MUA and the failure of it and the Australian labour movement and the ITF to mobilize a response powerful enough to force a full employer retreat rather than rely on the courts produced these key gains for the dock bosses. >From Australia to Tijuana Finally, the last of the four struggles I will deal with is of a quite different nature but has everything to do with labour's situation in the context of capitalist globalization and, in fact, is more explicitly so because it is squarely situated within the context of the NAFTA. A month ago, on May 22 a critically important strike began at the Han Young auto parts plant in Tijuana. Han Young is the sole supplier of chassis for truck tractor trailers for Hyundai and its workers weld and assemble them. The strike is actually the climax of a one year long struggle. That struggle is rooted in worker protests against health and safety conditions that have produced a high rate of industrial accidents, wages of $8.00 U.S. per day, and Han Young management's failure to pay profit-sharing payments as required by Mexican labour law. The struggle at Han Young is also one for the removal of a phantom union in the pay of the company and loyal to Mexico's ruling party. It never held union meetings and negotiated contracts without the workers' knowledge. The workers wanted to replace it with a union that fights for their interests but the local labour board in Tijuana, acting in the interests of the employers in the MZ, would not let this happen. The struggle at Han Young consequently exemplifies the complete failure of NAFTA's labour side agreement to offer any meaningful protection of basic workers' rights. Throughout the last half of 1997 Han Young's workers fought a seemingly endless battle against an employer whose management did everything possible to frustrate the workers' efforts to certify an independent union. Han Young used intimidation tactics. They hired a union-busting consultant as their personnel manager and they threatened to close the plant. Furthermore, they did all of these things with the full collusion and backing of the local labour board, backed by the Mexican government. The local labour board openly tolerated blatant fraud (non-employees and members of management were allowed to vote) in union certification elections late last year and threats of violence against the workers in relations to those elections. The workers fought back throughout this time by staging demonstrations, work disruptions and even a 28 day long hunger strike. Their supporters in the U.S. and Canada staged protests at Hyundai dealerships and launched a boycott of Hyundai to back their demand for the certification of an independent union. They also filed a NAO complaint and put concerted, international pressure on the Clinton Administration to compel the Mexican government to respect the rights of the Han Young workers as set out in Mexico's labour legislation. The Han Young dispute even became a major focus of the debate in the U.S. Congress on NAFTA "fast track" legislation and directly contributed to Clinton's temporary retreat on the issue. In other words, it led to the first setback to U.S. government efforts to promote a hemispheric free trade agreement. It is also worth noting that the violations of the Han Young workers rights was so blatant that even the U.S. Dept. of Labor investigated the situation. It published a report earlier this year that charged the local labour board in Tijuana with failing to enforce local workplace law. By the time the strike began on May 22 the workers had already voted twice in union certification elections and, despite voter fraud, the results went in favour of an independent union both times. However, the local labour board refused to acknowledge the results. Consequently, the strike's goal was union certification for the independent union at Han Young. Despite this the Tijuana labour board allowed a pro-government union affiliated with Mexico's dominant labour federation to have a third certification vote on May 29. The independent union won that vote as well and the labour board has not recognized this result either. Nor does the labour board recognize the strike. This is because when the strike vote was held 64 votes were cast against the strike and 52 in favour. But 48 of those who were allowed to vote were either hired after the union gave Han Young its strike notice or have never worked for Han Young at all. The labour board did not even require Han Young to provide a list of workers eligible to vote prior to the start of the strike and the local head of the labour board openly stated that, "Anyone who presents themselves to vote will be allowed to do so." Some of those who voted were apparently rounded up at a local flea market on the day of the strike vote. Significantly, the labour board has also charged that the strike was provoked by foreign unions and their purpose was to discourage investment in Mexico. It should also be noted that a special force in the pay of the employer went into the plant to stop the workers from shutting off their machines to start the strike as they are allowed to do according to Mexican labour law. In a legal strike in Mexico the workplace is also supposed to be locked and no one is allowed in. This special force also tore down the independent union's strike banners and forcefully dispersed the strikers. One positive thing has happened. On June 3 a higher body in the labour board suspended the local labour board's decision to rule the strike illegal. Nonetheless, the workers are on strike with no source of income whatsoever and Han Young management is continuing to hire new workers in an obvious effort to further weaken support for the union. The stakes are enormous because a victory for the independent union would be a pivotal breakthrough in the Maquiladora Zone. None of the more than one million workers employed in some 3,000 plants in the Maquiladora Zone, and where some $41 billion in exports were produced last year, are represented by a legitimate union that is accountable to the workers. Some Conclusions One can draw some conclusions from these four struggles simply by considering them in relation to the labour laws of the countries involved. Thus, in the case of the Liverpool dockworkers, the MDHC took advantage of anti-trade union laws to fire its unionized workforce and then to stonewall for 28 months until the dockworkers gave in and the bosses got the workforce they wanted. In the case of Australia the dock bosses conspired with the Australian government to fire their unionized workforce in direct violation of the law and still managed to extract many of the concessions they sought in the first place. These actions are symptomatic of the increasing willingness of employers to take decisive action against a unionized workforce that denies them the workplace flexibility they desire within the context of capitalist globalization and the declining rates of profit it engenders. Furthermore, it shows they are increasingly prepared to do so regardless of whether the labour laws in place facilitate their plan of attack or not and shows they can succeed in reorganizing their respective workplaces as they wish in either case. Similar conclusions can be drawn with respect to the newspaper strike and lockout in Detroit. The DNA blatantly broke the law by clearly bargaining in bad faith. Yet the DNA is getting away with doing so and has proceeded to decimate its unionized workforce in the process. Evidence of this can be found in the fact that during the course of the strike the newspaper bosses changed work practices and reorganized the workplace in such a way that they can now produce their newspapers with a substantially smaller workforce. The bosses acknowledged as much after verbally accepting the MCNU's offer of an unconditional return to work. They specifically stated that they had learned how to run their newspapers with substantially fewer people and would never need all of their previous employees back. In other words, they had successfully made their operations much more lean and better positioned to succeed within the context of capitalist globalization. The situation at Han Young is different. But it is different only in the sense that the employer and the government are brazenly violating Mexican labour law in order to maintain a workforce without an authentic union. The employer obviously wants to continue to run the workplace in a manner consistent with the situation prevalent in the export processing zone along the U.S. - Mexican border and, above all else, the Mexican government wants to maintain the status quo in the border region. In other words, the government wants to preserve a situation where employers in the Maquiladora Zone retain optimal flexibility in utilizing their workforce and very lean operations conducive to corporate success in the context of capitalist globalization. The government also knows and realizes this will expedite the continued, rapid expansion of the Maquiladora Zone and wants nothing less. Hence, it's endless efforts to obstruct and beat the Han Young workers into submission and the similarity between what it is doing and what the Detroit newspaper bosses are doing to their locked out workforce because of the failure of U.S. labour law to rectify the situation. In short, these four struggles show that in the context of capitalist globalization employers are increasingly inclined to take off the gloves and wage an all or nothing fight. They are quite prepared to do this unless unions capitulate and give them the optimal flexibility they desire and enable them to lean or downsize their workforces to the maximum extent possible. In short, labour laws will be used wherever possible to facilitate this but where they do not they will be defied much as employers routinely violate agreements with unions and governments will be put under pressure to change them. In the face of this it is obvious that unions will continue to beat a rapid retreat if they continue to respect and rely upon existing labour laws. Furthermore, the retreat by unions will continue. It will continue until unions have fully accountable leaderships who thoroughly grasp the full magnitude of the assault taking place and a mobilized rank and file. That is a rank and file prepared to both defy labour laws and fight the bosses on a scale that corresponds to scale of Capital's global offensive against Labour within the context of capitalist globalization. In other words, workers need a movement that emulates the kinds of actions carried out by dockworkers and their supporters around the world in support of the struggle in Liverpool and do so with respect to every struggle now underway. We are increasingly faced with an all or nothing situation and must act accordingly. June 23, 1998