

Toronto city workers are striking, because they can. City management and union representatives, hopefully, continue to negotiate, because they have to. I am expecting final class assignments devoted to analyzing this situation:
- what went wrong?
- how could it have been better?
- what should they learn for next time?
I always enjoy the perspectives and the biases that come out in the analysis. Likely because he shares my biases, I enjoyed Howard Levitt’s legal perspective on the situation in today’s National Post.
As an additional perspective, my MBA class (Negotiations) this week tried to deal with ethics as practically as possible. With the assistance of some readings, excersises and discussions, we arrived at some criteria that can help inform ethical decision making. (I don’t like to think that it always “depends;” there are some more biases for you!) One of the criteria was “It is unethical to maximize your own interests with a disregard for shared interests.” You can argue the semantics of any of those words, but the point, as I see it, is look out for number one, but stay attentive to shared interests.
Under this criteria, in nature, a parasitic relationship becomes unethical if it threatens the survival of the host. Does that mean the Bernie Madoff was unethical because he failed to create a sustainable Ponzi scheme? Maybe. Remember, this is one of four criteria.
Do city workers violate this ethical code by holding out for, specifically, sick day banking and pay-back for half a year of sick days upon retirement? I think the answer is, “Yes.” The shared interest is in a sustainable system whereby reasonable tax revenues cover reasonable city services. As Mr. Levitt illustrates, the status quo union agreements have progressed to being unreasonable (evidence by the fact that you don’t see similar benefits in the private sector).
The checks and balances of the private sector are not perfect–and certainly do not guarantee ethical behaviour–but can help. Uncompetitive wage burdens were part of GM going bankrupt. Unions, workers and pensioners live with the consequences. Pushing a business to unsustainability is unethical if your plan is to continue working there (as it appeared to be for many workers) or to bank on retirement income from the company (as it appears for many pensioners).
If today’s City of Toronto workers are in it for anything other than short-term gains, they are not behaving ethically, I will suggest. Anyone who makes such a claim, better have a strong ethical leg to stand on (or had best make it on a blog whose readership is limited to like minds… we will see.)

What happens when you get a deal that is too good? I think that we are trained to be suspicious of the “too good to be true”, but here are a couple of recent instances where there may be some excess sweetness: 1 – city workers in Toronto and 2 – Chrysler Canada’s employees. Both of these deals were conceivably negotiated in good faith, so a deal is a deal, right?
Would you really give back what you won?
Topping the list of “don’t even go there” would be the danger of setting a precedent: “they” will take more or give less in the future. I might, however, suggest that mutual interests over the long-term could prevail if these “winners” concede to the “losers” so that there is a bigger “win” (or smaller loss) for both parties.
In both instances there is a sustainability argument to be made. Many people in very different positions have a stake in both the City of Toronto and Chrysler (and other automotive entities) surviving, succeeding and flourishing. The competition in the auto sector better illustrates how the “take what you can” attitude is misplaced.
When the going is good you don’t notice (can handle?) an extra load, so a company/organization can carry more than its share. When competition ramps up to the extent where “placing near the top” is no longer good enough, everybody has a responsibility to work together to “win.” If winning the marathon really matters, non ones cares that you finished in the top ten while carrying your kids on your back.
Chrysler and company (including unionized workers) should be focussed on proving that the current problems are not due to producing cars no one wants. They will need to be unburdened to prove that point. Once proven, let them carry as much as they can. If they can’t live the balance of provide fair wages and remain competitive, they should not be in business. Workers need to look at “fair” in the context of the bigger picture.
And I would not be too concerned about the precedents. One of the few certainties today appears to be that we are living in “unprecedented times.” Desperate times may call for collaborative measures.
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