The Shore

The Shore

Sunday, November 8, 2020

A Duty of Loyalty and Obedience.

 People are celebrating what is perceived as a "win " for democracy,  in that Trump is gone. (we hope. . .  given that no one has heard from him?) Criticizing Biden can be left for another day (go ahead and cleberate,  the wicked witch IS dead) and so today there is time for reflection. I have been reflecting on democracy for a few days. 

https://www.npr.org/sections/pictureshow/2020/11/08/932646868/photos-after-2020-election-a-nation-divided-reacts


I think the idea that we can work together and, with majority rules, decide most things - although all systems have to figure out what to do with the minority to ensure that their rights are protected, is an OK idea.  I do not have a true vision for anything else - like worker councils and democratic centralism.  But I do undertand how worker co-ops work.  And they have a LOT MORE democracy. Especially worker co-ops where non-"owners" (often there is a delay in getting to be a full share owner) are also represented by a union.   The majority cannot choose to take away rights from minorities.. .   But, again today -- not my point!



I am thinking about democracy at work. . . and why there is for the most part . . . none.   As you read this -- keep in mind I am not talking about how it should be -- this is descriptive NOT prescriptive!! 



My son, who is a law prof,  mid-sentence in a TV interview just happened to say "the duty of loyalty and obedience that workers owe to employers". . . I blanched. . . the what?! I called him. And he pointed out that when you go to work -- you do as you are told.  This might not be micro-management but unless you are in senior management or own the place, it is likely that you will be told what to do and even how to do it. Even many professionals (esp in traditional "female" roles -- e.g. nurses, teachers, midwives etc. are managed this way compared to say physicians and engineers.)    But most people when they leave for work, are not going anywhere where, what they "think", or how they "belive things should be done",  has any impact, or where there is any actual form or forum for feedback or disagreement.  

So workers do owe, in our present legal and regulatory environment, a duty of obedience to their employer. 

I worked for many years for a union and it is the one thing we had to tell workers over and over -- just do your job (even if they are instructing you to do it badly, management are "allowed" to be incompetent, and assholes, as long as they don't violate the Collective Agreement)  -- there are limits to employee "obedience" -- but basically only if you are asked to do something illegal, something that might harm you or another person, or something that is "patently unreasonable" which was described to me as "something a reasonable person, would find unreasonable, given reasonable circumstances!" (My example was always to do with being made to clean floors with toothbrushes or stand in the corner with gum on your nose - but there are much more realistic examples and I only know about the ones where people had unions to fight for them.)   At any rate - most of the time you just have to do what you are told. That is: Obedience. 

Then,  if they want you to do your job inefficiently or badly,  or don't let you look after people the way you think neccessary, especially if you work in healthcare or social services.. .  you must not call them out or whistle blow.  That is why we need special "whistle blower legislation" which allows people to "tell on" their  - esp public sector -  employer without repercussions. (yeah right - some get protection, some do not)   At any rate - you must be publicly loyal.  To call out or criticize your employer publicly,  and/or on social media,  is something you can be fired for. . .and plenty of people have already been terminated, because you have a "duty of loyaty" to the employer which is held up by both unions and the courts (well held up by unions because of the court decisions, to be accurate) 

There is some mitigation of this duty of loyalty, if you have a union, but not much.  It tends to just make the rules clearer. One benefit of course,  the union can speak with a voice when individuals cannot! See for example NSGEU and Long Term Care workers/nurses. So it helps.  But why do we not demand democracy at work?! 


I think that these rules should only be enforceable if employers have a pledge from you,  when you take the job,  to a duty of obedience and loyalty.  (This is mostly a mental exercise, not sure that this would not backfire on me!)  Imagine if people had that put in front of them along with the TD1. People would understand where the power lies, and maybe would resist a little. I do think that people will sign it in order to work, but at least the rules would be clear and people would start to have some idea how they are oppressed at work.  And make no mistake - we are essentially "wage slaves" -- we have no choice,  but, it is to me,  very stark when it is framed as the "Duty of loyaty and obedience" that Canadian workers owe to their employers.   Eastern European/Soviet style Communism always gets the rap for not being "free" but really it is Capitalism that has essentially made people into slaves of their employers. I mean the "loyalty" promise, means that you are controlled even in your "off hours".  As a retiree (and the union never censored me anyway!) I use my real name everywhere and don't worry about repercussions. No employer to owe that loyalty too! 

Joining a union or forming a worker coop can mitigate effects,  but capitalism and its valourization of "ownership" ( I have a piece of paper that says I get all the benefits and you must struggle)  rules the workplace, and so owners and senior management get to set the rules and monitor them. 

Did you know that under Canadian/provincial law you owe a duty of obedience and loyalty to your employer?  What do you think about that?