New law curbing the right to strike could pose biggest challenge yet for perestroika. By MARC YOUNG and JOHN MacLENNAN Communists have always championed the right to strike under capitalism, recog- nizing job action as one of the key means by which the working class defends its inter- ests. But when the same question is exam- ined in the context of a socialist economy, answers are not always patently obvious. Some communists were uncomfortable with the assumption that because workers constitute the ruling class under socialism, there were never times when particular groups saw their rights and interests undermined and would have benefitted from utilizing, or threatening to utilize, the right to strike — which they legally had. But another argument held sway. It went like this: there is no exploiting class in the Soviet Union (nor in Bulgaria, Romania, the GDR), and hence, there are no antago- nistic contradictions. Workers don’t need to strike against a workers’ state. They'll get looked after, sort of automatically, went the assumption. Many Communist parties, virtually all of the ruling ones, talked a lot about the “gua- rantees”’ of the new system. There was obviously something to the latter argument. Socialist countries were rid of their capitalist class and pursued policies that served many vital working class inter- ests. But the simplistic, reductionist conclu- sions drawn were out of line. As many other Communist parties and individuals had maintained for some time, there was a good deal more to argument one. Socialist re-structuring adds a new urgency to this debate. Developing the socialist market ina democratic fashion will require real vigilance on the part of trade unions. Self-financing firms will feel new pressures to rationalize and economize. Workers, through elected plant collectives, will have a keen responsibility for produc- tion, but they will also need recourse to their own organizations to protect themselves when managers put production targets over the interests of the workforce. That problem already exists and will con- tinue for some time. At the same time, the traditional role of trade union leaders in bureaucratic social- ism as conveyor belts for production orders will, of necessity, cease. When the Soviet parliament passed new labour legislation in October, it clearly had a couple of things in mind. The first cer- tainly ran along the lines of the above con- clusions. That accounts for the inclusion of a pro- vision in the main law on the right to strike for the great majority of workers. It stipu- lates a five-day period during which time a committee, made up of equal numbers of management and worker representatives, would seek a resolution to disputes. That would be followed by a week of non- binding arbitration. Only then, if a settle- ment is not achieved, could job action begin. However, the Soviet legislature also con- sidered the tenuous state of the national economy, which presumably accounted for the following emergency legislation. “On Urgent Measures to Ensure the Uninterrupted Functioning of Railway Transport and Basic Sectors of the National Economy,” empowers all levels of Soviet government to quell job action that threat- ens the functioning of transport, with the assistance of either internal security or Defence Ministry troops. The Soviet economy is, apart from being highly centralized, deeply dependent upon rail arteries for its survival. Strikes can be particularly devastating in a situation in which the movement of supplies and goods is less than top notch at the best of times. More significant is the accompanying leg- islation regarded by its designers as a ““per- manent” fixture — a new cornerstone — of the labour code. It includes the right to strike provisions detailed above, but it also contains restrictions and a wide-ranging “essential services” clause. The law bans strikes aimed at the violent overthrow of the state or designed to pro- mote positions undermining the equality of all Soviet ethnic groups. It does not recog- nize job actions that fail to follow the cor- rect procedure. The restrictions are undoubtedly a response to conflicts like the one between Soviet Armenians and Azerbaijanis and the latter’s blockade of food shipments to Nagorno Karabakh. The clause contains little that can be objected to, although it could be argued that such incidents could be handled on a case by case basis. However, in addition, to quote TASS, “the law bans strikes threatening the life or health of people, as well as labour actions at enterprises of the railway and city public transport, civil aviation, communications, power engineering and defence industries, state bodies and organizations assigned to ensure defence capability, law and order and national security.” Workers in these sectors may appeal directly to legislative bodies. That section of the legislation appears to represent an administrative approach to fundamentally political questions. If the next few years of restructuring in the USSR are crucial and delicate, then workers in critical sectors have to be won politically to the perestroika project. To accomplish that, they’ll require that government treat them as the true masters of their own state. And that means not depriving them of the right to withdraw their labour, Trade union leaders, particularly at the centre, who supported the clause and indeed had a role in drafting the law, have LB eRR T eFee SA {ROOT SOVIET HEALTH CARE WORKERS ... essential service provisions in new legislation. felt the heat from members who accuse them of selling out the rank and file. They might have drawn some lessons from the recent coal miners’ strikes. When the exist- ing trade union structures and leadership failed to champion the rights of the miners, the miners found new ones. The legislation also points to contradic- tions facing socialism as it tries to overhaul its political structures. The last round of open elections to the Supreme Soviet, pro- duced a parliament in which only 19 per cent of deputies are workers. Without doubt there is public support for this legislation. There is an element of “strike weariness” among the Soviet popu- lation. According to Goskostat (Soviet type Stats-Can) the Soviet economy grew only SUPREME SOVIET ... passed new legislation in October. among several groups included under one per cent this year compared to 2.7 per cent last year. Seven million working days were lost in strikes in the first nine months of 1989 and 2.3 million were lost in Sep- tember alone. As the long cold winter months approach, some Soviets are wondering if they are going to be left to freeze in the dark. However, with the exception of the “‘eth- nic” strikes, observers say workers have been far from reckless in exercising the strike weapon. To use the miners’ as an example again, both the miners and the steelworkers who supported them, ensured there was enough coal supplied to keep the steel furnaces operating. Community sup- port committees were formed and strikers did their best to ensure as few disruptions to the public as possible, and for this they were awarded unprecedented local support. Finally, one has to wonder what an essential services clause is likely to accomp- lish on any front. It isn’t likely to keep people on the job if they don’t want to be there. Strikes that workers feel are necessary are bound to occur. The state, of course, can use force to prevent them, but that would be quite inconsistent with the trend in current Soviet politics, and would only backfire on the government and undermine support for perestroika. More than one observer has suggested that even in the short term the “permanent” piece of Soviet labour law is transitory. Life itself may soon impel legislators to give up on the “essential services” restrictions. If nothing else, recent events in the social- ist world teach us how dangerous it can be to call anything the last word. Nonetheless, progressives rightly regard what’s on the books now with trepidation, and wait with interest and concern to see what develops. Pacific Tribune, December 4, 1989 « 7