Lies, Boards, and Aucklandports (#rima)

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Last night…

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Source

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In the NZ Herald,  Port chairman Richard Pearson said,

“Judge Travis had encouraged the company to return to mediation and it would do so in good faith. The only thing that has changed is that the judge has encouraged the parties to have one more crack at mediation. That is it.”

One could practically hear a collective sigh of relief from the citizens of Auckland; port workers would be back at work; and POAL would return to mediation.

Brilliant!

Common sense prevails!

People were practically dancing in the streets!!

But then, by this morning,  an industrial “atomic bomb” was detonated,

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It should be noted that, as in the case of a Union required by law to give two weeks notice of  a strike, an employer must also give two weeks notice of any intention to lock-out workers. No ifs, no buts, no maybes; that’s the law.

It is one thing for POAL to issue a two weeks notice to port workers. That is lawful (though not terribly wise).

It is also another thing for an employer to lock-out workers immediatly, as seems to be happening. That is illegal. It is just as illegal as a strike without notice, as happened recently in Wellington.

It is also hardly a sign of good faith bargaining, as Labour Party employment issues spokeswoman Darien Fenton said today,

“Any good faith bargaining was impossible with a lockout notice looming. That action is in defiance of an agreement reached just yesterday with the Employment Court that good faith negotiations would resume with the Maritime Union.”

On this issue, it appears that POAL management have mis-calculated. The Union has every right to seek legal remedies through the Courts, and indications are, that the Maritime Union will do so.

This incident should give considerable cause for concern to the Auckland Council. It has been more and more apparent recently that POAL management are practically out of control, and are pursuing an agenda of their own.

That agenda became more apparent with the shock revelations uncovered by the NZ Herald that a POAL manager is also  a director of another company – and has been recruiting non-union contract-labour to work on the ports,

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This is no longer an industrial dispute – this has the odour of conflict of interests at best, or corruption at worst.

The Auckland Council has every right to be concerned.

Someone may be planning to personally profit from the dispute and de-unionisation of Ports of Auckland.

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The Green Party’s media statement on this issue sums matters up perfectly,

“Auckland Mayor Len Brown must step into the ports dispute now that workers have been locked out, the Green Party says.

The Maritime Union says Ports of Auckland has illegally issued striking workers a lockout notice, a day after the parties were convinced by a judge to head back to mediation.

“The Ports of Auckland’s decision to lock out the union workers is in direct defiance of the settlement reached between Ports of Auckland and the Maritime Union in the Employment Court,” Greens industrial relations spokeswoman Denise Roche said.

This lockout notice is yet another example of the bad faith bargaining by the Ports of Auckland management.”” – Source

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The Employment Relations Act 2000 is quite specific in stating that an employer cannot replace striking workers,

” 97. Performance of duties of striking or locked out employees

• (1) This section applies if there is a lockout or lawful strike.

  (2) An employer may employ or engage another person to perform the work of a striking or locked out employee only in accordance with subsection (3) or subsection (4).

  (3) An employer may employ another person to perform the work of a striking or locked out employee if the person—

  • (a) is already employed by the employer at the time the strike or lockout commences; and

  • (b) is not employed principally for the purpose of performing the work of a striking or locked out employee; and

  • (c) agrees to perform the work.

  (4) An employer may employ or engage another person to perform the work of a striking or locked out employee if—

  • (a) there are reasonable grounds for believing it is necessary for the work to be performed for reasons of safety or health; and

  • (b) the person is employed or engaged to perform the work only to the extent necessary for reasons of safety or health.

  (5) A person who performs the work of a striking or locked out employee in accordance with subsection (3) or subsection (4) must not perform that work for any longer than the duration of the strike or lockout.

  (6) An employer who fails to comply with this section is liable to a penalty imposed by the Authority under this Act in respect of each person who performs the work concerned.”

It would appear that by hiring new port workers, the POAL are clearly breaking the law. It remains to be seen if management can flout the law with impunity. If so, why shouldn’t Unions?

Perhaps  the previous Labour Government did not go far enough, when they enacted the Employment Relations Act to replace the odious and largely discredited Employment Contracts Act.

Perhaps it it time to remove the law preventing other Unions from supporting those who are on strike.

After all, the right to strike – to withdraw one’s labour –  is a fundamental human right. The West openly supported the Polish Solidarity Free Trade Union movement in the 1980s – especially the right to strike.

If employers such as AFFCO, POAL, et al, are prepared to lock-out workers in a methodical agenda to smash unionisation of their workers – then obviously the law is ineffectual.

When a new Labour-led government takes office, this blogger will be making representations on the following issues;

• That the Employment Relations Act be strengthened,
• That Unions be free to give industrial support to fellow striking Unions,
• That representatives from the Labour Department and other Third Parties  be permitted to attend industrial negotiations, as impartial observers,
• And that City Councils and other local bodies are given more direct control over Council Controlled Organisations CCOs) than they do at present

This will be a matter of urgency for a new incoming Labour-led Government. Union-busting cannot be allowed in this country.

Anyone in doubt as to POAL’s duplicity may wish to listen to this interview earlier today,

Radio NZ: Listen to more from Richard Pearson on Checkpoint

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Additional

Ports negotiator alleged to have sought workers

Other Blog Posts

Chris Trotter: Only People Power Can Save Our Ports

Tumeke: PoA u-turn over manufactured crisis

No Right Turn:  Psychopathic management in action

Socialist Aotearoa: There is Blood in the water

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