Muppets, Hobbits, and Scab ‘Unions’
From a previous blogpost; Roosting chickens,
I think we all remember the ‘Hobbit‘ fiasco, last year. The cast of this little tragi-farce included Actor’s Equity; Peter Jackson; Warner Bros; and John Key and his guvmint.
It also included a gentleman by the name of Greg Ellis, who played a ‘bit part’, as leading a “break-a-way” group of actors (numbers unknown) and formed the so-called “New Zealand Actors’ Guild – Te Taurahere i Te Hunga Toi Whakaari“, in October 2010.
Mr Ellis formed the NZAG to oppose Actor’s Equity, who at the time were attempting to negotiate with SPADA (Screen Production and Development Association – Waka Papaho). The NZAG came out firmly in support of Peter Jackson’s views that actors and production workers were “independent contractors”, and not employees…
… According to NZAG/Greg Ellis, Actor’s Equity were firmly cast as the “bad guys” in this affair. Actor’s Equity had no right to demand negotiations to improve the conditions of actors and other staff. After all, as NZAG claimed, “almost all actors prefer to be self-employed contractors”.
The government, led by our unfeasibly popular Prime Minister, John “The Baptist” Key, acted accordingly. They fulfilled their cameo-role as The Guvmint , and amended legislation that ensured that actors and other movie staff were independent contractors – not employees. At the stroke of a legislative pen, the rights of an entire class of New Zealand workers was taken away.
NZAG was little more than a scab-union. It’s creator, Greg Ellis, a relatively unknown “actor” may have had the best intentions in breaking away from Actor’s Equity, but he was nevertheless a pawn (a rather small pawn) in the game that the Big Boys were playing in this international industrial dispute.
Such is the role of the scab ‘Union’ – to play off worker-against-worker; to muddy the waters and cloud issues; and most importantly, to do the bidding of the Employer.
Ironically, Ellis’s naiveté came back to bite big chunks from his arse last September when he railed against one of the very issues that Actor’s Equity was campaigning on, when National announced,
” Key players in the New Zealand film industry have raised concerns over new law changes, which they say could stifle local talent both in front and behind the camera.
On Friday the government announced that entertainment industry workers entering New Zealand to work for 14 days or less, would no longer have to be approved by a local film industry guild.
The move comes almost a year after the government secured the filming of Sir Peter’s Jackson’s The Hobbit through an urgent amendment to employment law, which prevented independent contractors from claiming entitlements as employees, as well as an agreement to increase the tax concession for big screen productions. ” – Dominion Post, 25 September 2011
Ellis’s bleating response,
” Recently the NZAG was asked, along with various other industry guilds and unions to comment on further aspects of the new immigration regulations – this time relating to production companies applying to become accredited employers for the purposes of bringing in overseas performers.
The NZAG had several points to make, which included:
- there needs to be more drilling down into the types of NZ employees that a business or production has. It is all very well to say a production has 25 kiwi employees but if they are all admin staff this is no use to us. At minimum a production, crew, and talent breakdown is necessary. It would be also desirable from the NZAG’s perspective to see whether the performers employed were principals, supporting cast, featured extra or extra. Again it is easy to say “we employed 200 kiwi actors on our film” but if all 200 were extras then this is not the best outcome.
- etc,” – NZAG, 29 March 2012
That’s the trouble with scab unions – it can be damned embarressing when they forget their place and attempt to play the role of a real trade union or professional association.
Lobbying on behalf of your members is not the raison d’etre for scab unions.
The place of a scab union is to know your place and remain there.
This is a lesson that Grant Lane, disaffected ex-Maritime Union member and organisor of the breakaway scab-union, ‘Portpro’ should learn, and learn quickly.
Like Greg Ellis, Lane formed his breakaway “union” to create a puppet workers’-front more sympathetic to employers’ demands.
Lane insists that his “union” is independent, but this is patently untrue. Facts reveal otherwise,
- “Portpro” has the blessing of virulent anti-union individuals. Rightwing blogger, Cameron Slater, who has been the voice of POAL, supports Lane’s “union.Up till now, Slater has hardly been the champion of the working man and woman, indeed mis-using private information to smear POAL maritime workers.
- POAL CEO, Tony Gibson, thanked Grant Lane for signing an employment agreement to cover “Portpro’s” thirtythree members,
“ The new deal is a partnership which rewards both sides – it delivers a productive and cost-effective outcome for the port, and well-paid jobs for PortPro members. Ports of Auckland wishes to thank PortPro for the positive and constructive way they approached bargaining, which has been completed efficiently and without disruption.” – Source
It’s unclear what sort of “bargaining” took place when, as CTU president Helen Kelly revealed,
“ PortPro simply agreed to all of the port’s bargaining points” – no weekend loading, no standard shifts. The contract removes all security of employment.”
“Bargaining”? More like a good rodgering.
- If “Portpro” is as independent as Lane insists, why was POAL stevedoring manager Jonathan Hulme listed as a contact for maritime workers wanting to join the new “union”, or wanting more information about “negotiations”?
Since when does a senior management official become a contact for a trade union?
Such an arrangement is unheard of in the annals of industrial relations. The only inference one can take is that “Portpro” is a stooge for POAL (Ports of Auckland Ltd).
Otherwise, would POAL management volunteer to offer services to the Maritime Union? Yeah, right.
- “Port spokeswoman Dee Radhakrishnan said there had been no company involvement in setting up the new body, but it was legally obliged to respond to the group’s bargaining overtures.” – NZ Herald, 24 Sept 2012
Since “Portpro” has never had any collective agreement with POAL, it’s unclear as to how the port company was “legally obliged” to “ respond to the group’s bargaining overtures“.
If I set up a new “union” called the “Funky Union for Corporate Kickbacks” and approach POAL – are they also “legally obliged” to “respond” to me? Cool!
At any rate, Port manager Hulme denied knowing “how to get in touch with Portpro” – despite Port Spokeswoman Dee Radhakrishnan explaining that “it was so he could refer them to Mr Lane for information about the proposed bargaining”.
POAL need to get their ‘cover story’ straight, it seems.
POAL and “Portpro” achieved a “negotiated agreement” just nine days after beginning negotiations. (See: Ports gains quick collective agreement from new union)
Really? Nine days? What took them so long?
Surely the deal should’ve been signed, sealed, and delivered, nine minutes after “Portpro” was officially registered.
After all, it’s fairly obvious to anyone with two firing neuron-cells that “Portpro” is a creature of Ports of Auckland Ltd. It is no more “independent” than my thumb is from my hand.
Such front-organisations are also illegal under the Employment Relations Act 2000. The Ministry of Business, Innovation, & Employment website states quite clearly,
” What the Employment Relations Act requires
The Employment Relations Act 2000 requires a union to be an incorporated society, to be independent from employers, and to have a set of rules that comply with the requirements of the Employment Relations Act 2000
Independence from employers
A union must be independent of, and be constituted and operate at arms length, from any employer.
The Registrar of Unions may examine applications for registration as a union to determine whether or not an applicant is independent of any employer. If an applicant is not independent of any employer, the Registrar must decline to register it as a union.
Employer support for the formation and/or registration of a union will not, in itself, prevent registration. The Registrar of Unions will consider all relevant circumstances including the nature and purpose of employer support and any employer influence over the nature or scope of the union’s activities.” (Source)
New Zealanders should be wary of these kinds of “independent unions”. They are not here for our benefit. They are here to drive down wages; reduce conditions; and increase profits for employers and shareholders.
Workers who organise such “unions” are prostituting themselves for corporate interests.
Workers who join them do so at the peril of all workers in this country.
The temporary website for the NZ Actors’ Guild (since Oct 2010)
Law changes ‘could stifle screen talent’ (25 Sept 2011)
Port to hold talks with union of non strikers (24 Sept, 2012)
New port union could spell trouble – lawyer (6 Oct 2012)
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