Charitable organisation, St John, which operates ambulance services nationwide, as well as other medical services, has been engaging in anti-worker actions during recent industrial negotiations to conclude a collective agreement.
On 5 January, St John announced that workers wearing apparel bearing a pro-union message “Healthy Ambos Save Lives” would be docked 10% of their wages;
St John Ambulance officers who ditch their uniforms as part of ongoing strike action will have their pay docked by 10 per cent.
The First Union, which represents 1000 ambulance officers across the country, has condemned the move as “astounding”.
But St John says it didn’t take the step lightly, and it was done out of concern for the health and safety of staff and patients.
The wage deductions come as ambulance officers enter their third month of industrial action, following stalled collective agreement negotiations with St John.
Striking workers are continuing to respond to emergencies and call-outs as normal, but are breaching St John policy by refusing to wear uniforms.
Instead, unionised St John workers have been wearing T-shirts reading “Healthy Ambos Save Lives”.
St John clinical operations director, Norma Lane, ‘spinned’ the wage-docking as a “safety” issue;
“It is important ambulance officers are identifiable in an emergency environment where circumstances can change rapidly. Not complying is a health and safety risk not only to the employee but to fellow officers and other emergency workers. While there is only a very small number of ambulance professionals refusing to wear hi-vis vests, we have advised First Union and our staff that those employees not complying with this requirement will receive a 10 per cent deduction of wages.”
How cutting wages improves safety for workers is not made clear by Ms Lane.
St John’s threats echo that made by AFFCO employers, almost exactly a year ago;
An AFFCO worker has been suspended without pay, and will probably be sacked after filming workers in union t-shirts being refused entry to work, the Meat Workers’ Union says.
AFFCO said it was company policy that union t-shirts were not worn on site, and that they were associated with inappropriate and threatening behaviour.
One Union member made his/her feelings perfectly clear with this image posted on First Union’s Facebook page;
What is clear, though, is that St John is engaging in all-out repugnant industrial warfare against the First Union.
St John Station managers have used emotional blackmail, legal threats from law firms, and deliberate mis-information in a calculated strategy to undermine First Union and its members’ resolve. As Ambulance Professionals First spokesperson, Lynette Blacklaws, revealed on 7 November last year;
“When a crew arrived in mufti at a station in Auckland this morning their manager snapped that ‘if someone dies because they didn’t let you in be it on your heads’. This comes on the same day station managers in the Bay of Plenty told several ambulance officers over the phone that industrial action was cancelled, even though this isn’t true.”
More aggressive anti-union activity was to come.
On 24 November last year, St Johns announced on it’s media page that it had concluded a successful collective agreement with the Amalgamated Workers Union NZ Southern (AWUNZ), Central Amalgamated Workers Union (CAWU), NZ Ambulance Association (NZAA), and the Ambulance Officers Workplace Union (AOWU).
First Union was not a party to the new collective agreement. St John stated on it’s webpage,
It is our preference to have nationally consistent terms and conditions for all St John employees, accordingly, St John and the four union parties have made provision for the First Union members to become party to the new Collective Agreement should they wish
The statement continued with this ominous ‘rider’;
If First Union decides not to become party to the new Collective Agreement, St John will continue to work through the various options available.
On 7 January this year, First Union learned what “various options” St John had in mind. As reported in The Daily Blog, St John was flexing it’s industrial muscle using new anti-union laws passed by National in 2015.
The union representing over 1000 St John Ambulance staff has today received confirmation from the Employment Relations Authority that St John has lodged an application to withdraw from bargaining without concluding a collective agreement.
If St John were to be successful they would be the first company to withdraw from bargaining without concluding a collective agreement under the 2015 amendments to the Employment Relations Act.
Simply put, National’s so-called “reforms” allowed employers to cease negotiations to conclude a collective agreement with a union, by applying to the Employment Relations Authority;
Before the law change, parties bargaining for a collective agreement were required to conclude that agreement unless there was genuine reason not to. The change means that a collective agreement does not have to be concluded, however parties must still deal with each other in good faith.
The Act provides some protections against parties that end bargaining by deadlocking on one issue. Specifically, either party can seek a declaration from the Employment Relations Authority (the Authority) about whether bargaining has concluded. The process is discussed in more detail below.
First Union officials were not impressed. They understood the agenda that St John was playing out;
Jared Abbott, spokesperson for Ambulance Professionals First, the network within FIRST Union representing ambulance officers, said the application confirms what the union suspected: that St John had no intention of reaching an agreement.
“St John have spent less than two hours with us at the table since we started our protest actions. Applying to conclude bargaining now is outrageous. This is no way to treat your staff.”
Mr Abbott said that despite writing to the company on several occasions and requesting a proposed collective agreement, St John repeatedly refused to make a formal offer.
Ambulance Professionals First has also written to St John highlighting how no collective agreement was presented to the ratification meetings for the smaller unions who agreed to settle, a requirement under the law for a collective agreement to become operative.
“We’re astounded with how unprofessional St John has been. Ambulance staff just want fair recognition for the hard work they do. This is only going to get more staff off-side,” said Abbott.
“We don’t believe St John’s application will be successful.”
St John is using ‘the stick’. Other employers opt for ‘the carrot’ to break legal strikes;
Whether by ‘carrot’ or ‘stick’, the bosses’ agenda remains the same: to smash unions and undermine workers’ rights. The end result – dampen wage growth and wind-back hard-won worker’s conditions.
St John management’s unscrupulous behaviour makes a mockery of that organisation’s so-called “five values”;
We do the Right Thing – Whakaaro Tika
We take responsibility. Make the tough calls. Think of others.
We stand Side by Side – Whakakoha
We respect, value and support what others contribute.
We Make it Better – Whakawerohia
We find solutions- step up, own it, do it.
We have Open Minds – Whakahangahanga
We listen openly. Encourage ideas. Welcome feedback.
We are Straight Up – Whakapono
We act with honesty, courage and kindness.
They even have ‘badges’ proudly displayed on their webpage;
Obviously St John’s “five values” do not extend to their own workers.
Curiously, whilst St John proudly announced it’s collective agreement with four other unions on its “News Articles” page, it made no mention of it’s application to the Employment Relations Authority to abandon negotiation with First Union;
Neither has it disclosed to the public on it’s website that it is taking draconian steps to dock ambulance drivers’ pay packets by 10% for wearing shirts bearing union messages.
Is St John ashamed to present this information on their website, where public eyes can see what the organisation is doing to it’s ambulance drivers? It is evidently not a “good look” that an organisation nearly a thousand years old, and dedicated to helping people, is screwing its own staff.
According to Norma Lane, the wearing of the First Union shirts constitutes “participation in a partial strike” and thereby justifies docking ambulance drivers’ pay.
Which is about as mean-spirited as a charitable, non-profit organisation can get. As Jared Abbott correctly pointed out;
“The wage deductions are pretty astounding. The actions ambulance officers are taking cost St John nothing.”
At first look, St John’s actions appear to contravene the Wages Protection Act 1983 which prevents employers from arbitarily docking workers’ pay;
Deductions may only be made from an employee’s pay if they are required by law, agreed to by the employee or are overpayments in some circumstances.
However, it appears that St John is stretching an exemption to what is known as a “partial strike“;
Employees strike when a number of employees totally or partially:
- break their employment agreement
- stop work or don’t accept some or all the work they usually do
- reduce their normal output, performance, or rate of work.
Employees don’t have to stop work completely for them to be on strike.
However, one suspects that more reasonable-minded people would find it difficult to define a “partial strike” as wearing a shirt. If that is St John’s justification for docking ambulance drivers’ pay, then it may be on very shaky ground, both legally and morally.
Whether by luck, or clever design, this has all transpired over the Year’s End/New Year period when current affairs programmes such as The Nation and Q+A are on hiatus, and even Radio NZ is operating on a “summer holiday programme”. The later is closer to listening to The Breeze rather than serious news and current affairs.
Once the public begin to understand the machinations of St John’s management, that organisation’s reputation may risk a real hit. “A good reputation” as Colin Beveridge once reflected on, “is hard-won and easily lost. But the lost reputation has invariably been given away by the actions of the holder, rather than been taken away by somebody else.”
Words that St John’s management would do well to consider.
St John – heal thyself.
It will be interesting to find out what salary increase St John’s CEO will have this year or next.
St John: Ambulance Services
St John: A quick snapshot of what we do
Radio NZ: Worker suspended over union t-shirts
Facebook: First Union – Healthy Ambos Save Lives
First Union: St John threatens jobs… over wearing a badge
The Daily Blog: St John apply to end bargaining with FIRST Union
Ministry of Business, Innovation, and Employment (MoBIE): Amendments to the Employment Relations Act 2000 (March 2015)
Ministry of Business, Innovation, and Employment (MoBIE): Law changes to collective bargaining
St John: Vision & Values
St John: News Articles
St John: The Order of St John
Employment NZ: Deductions
Employment NZ: Strikes and lockouts
Fairfax media: Big pay rises for district health board heads
Facebook: First Union
Facebook: Ambulance Professionals First
Previous related blogposts
This blogpost was first published on The Daily Blog on 15 January 2017.
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Interesting image on that TV3 news item…
Anyone notice the incongruency of the image – and the caption beneath?
” Affco CEO Hamish Simson said the union has not declared its total income, but was wrong “
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Talleys AFFCO appears to be up to a spot of mischief-making…
AFFCO chief executive, Hamish Simson, has informed the media that AFFCO has laid a complaint with the Serious Fraud Office to investigate the financial accounts of the meat workers’ union. According to Simpson, there are “irregularities” in the Union’s financial accounts.
Simspson claims that,
“It appears from the union’s published financial statements that only a fraction of its total income has been declared. Affco union members paid $5.95 a week each to the union, which totalled more than $500,000 a year.Affco workers represent less than 10 per cent of the 23,000 members the union says it has and yet it only declares revenue of just over $700,000 per annum.More and more of our staff are starting to question where their money has gone. With the union now asking the public for donations, every workers’ dollar must be accounted for. ” – Source
It is noteworthy that the New Zealand Institute of Chartered Accountants has already investigated a similar complaint and found no evidence of wrong-doing.
When interviewed on Radio NZ’s Checkpoint, Hamish Simpson appeared less than forthcoming on several important matters. He could not even state how many “AFFCO union members” had “started to question where their money has gone“.
Meatworker’s Union, National secretary Dave Eastlake, was not impressed, and replied
“It hasn’t taken into account that the Meat Workers’ Union’s made up of four independent branches that collect the union fees off the members.They run autonomous accounts and have them audited and pay a capitation to the national office. All the complaint is about is the national office accounts.”
It doesn’t take Quantum Physics to figure out what is happening here.
AFFCO are playing silly buggers. Dave Eastlake is right; this is a publity stunt.
But more than that, this is a carefully orchestrated attempt to wreck the reputations of meatworkers and their Union in the publics’ mind. It is a similar ploy to the so-called “Fact Sheet” that Ports of Auckland Ltd published which alleged that port workers were “remunerated” $91,000 p.a.
It is noteworthy that in his media statement, Simpson referred to “the union now asking the public for donations“.
And that, I submit, is what this is all about; a battle for the hearts and minds of the public of New Zealand. It is a battle that POAL lost soon after the 5,000 strong street march on 10 March, and when the Employment Authority came down hard against the Port management and Board.
POAL have lost the struggle for public support.
POAL have all but lost the battle with the Courts.
Talleys AFFCO are witnessing a similar campaign to build public support for locked-out meatworkers, in the media, on Blogs, and in the community. Perhaps they understand that locking out workers, who were supporting families, is not a particularly good look. In fact, this blogger goes as far as to suggest that Talley’s management have stuffed up Big Time, and are only now beginning to comprehend their precarious position.
The fact that a public boycott of Talley’s products can actually damage their brand name and impact on their profitability is only now beginning to dawn on them?
With this blog, and others, and social media supporting a boycott – Talleys AFFCO is in trouble.
Which explains their incredibly clumsy ploy to smear the Meatworkers Union. Bad form, Talleys.
This blogger hopes that when the Serious Fraud Office dismisses the allegations, that the SFO will then prosecute Talley’s management for wasting Police time. That is a crime.
In the meantime, I refer folks to a previous blogpost on how meatworkers can be supported in many little ways.
If you’re reading this and are pissed of at Talleys AFFCO’s dirty tricks campaign, you can make a quick $5 donation by calling: 0900 562 5688 . It’s a nice, easy way to vent your anger and support the locked out workers at the same time.
‘Karma’s a bitch‘ as they say, and at $5 it’s pretty damned cheap as well.
* * *
+++ Update +++
That takes care of this piece of BS.
As this blogger predicted yesterday, the SFO found nothing untoward or “irregular” in the Meatworkers Union accounts. Talleys AFFCO agenda was to smear and discredit the Union – nothing else. The Serious Fraud Office must be mightily annoyed at being dragged into an industrial dispute as a pawn by company bosses.
One hope the SFO invoices or prosecutes Talleys for wasting Police time.
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By December 2009, the Quarter Household Labourforce Survey unemployment rate had risen to 7.3%,
The unemployment rate has since dropped back to 6.3%, for the December 2011 quarter. The slow drop from 7.3% to 6.3% has taken two years to achieve – and even the cause of that outcome is debateable, as New Zealand “baby boomers” start retiring and others escape our stagnating economy to Australia.
I will make one thing clear; I do not lay blame nor responsibility for the doubling of our unemployment at the feet at National. The 2008 global banking crisis, ongoing recession, and massive debt-problems were issues beyond any political Party in any country. National inherited an international situation not of it’s direct making. (Though National does espouse a neo-liberal ideology which most certainly contributed to the crisis in capitalism.)
As an interesting aside; National and it’s groupies (quite rightly) blame the 2008 recession for our high unemployment rate. However, they conveniently ignore the 2008 recession when engaging in beneficiary-bashing – then the issue of increased unemployment is a “lifestyle choice”.
However, this blogger maintains that whilst the rise in unemployment was not National’s fault – that National has been derelict in it’s duty to address the crisis in joblessness. Bashing beneficiaries and painting them as lazy layabouts indulging in a “lifestyle choice” will not create one single job.
Blaming beneficiaries for a global situation they had no hand in making is an abrogation of responsibility by National.
I think we all know by now that National hasn’t a clue when it comes to job creation. They have no policies to generate jobs, and what what they have been doing has been tragically counter-productive,
This blogger is aware of one solo-mum who used the TIA to go through University; upskill; find a well-paid job; move of welfare; and is now a tax-paying member of society. But I guess that is not the meme that National wants entering the public consciousness. Their agenda is better served by scapegoating solo-mothers. (But never solo-dads.)
Paula Bennett used the TIA to put herself through University; upskill; and then move on to a more well-paid benefit; she became Minister of Welfare.
Bennett’s axing of the TIA and other cutbacks in training and upskilling is what is colloquially known as a false economy. It may save a few million bucks now – but will only delay the Day of Reckoning when we end up with an untrained, low-skilled society.
Even John Key made this a theme of his speech four years ago,
“The National Party has an economic plan that will build the foundations for a better future.
- We will focus on lifting medium-term economic performance and managing taxpayers’ money effectively.
- We will be unrelenting in our quest to lift our economic growth rate and raise wage rates.
- We will cut taxes, not just in election year, but in a regular programme of ongoing tax cuts.
- We will invest in the infrastructure this country needs for productivity growth.
- We will be more careful with how we spend the cash in the public purse, monitoring not just the quantity but also the quality of government spending.
- We will concentrate on equipping young New Zealanders with the education they need for a 21st century global economy.
- We will reduce the burden of compliance and bureaucracy, and we will say goodbye to the blind ideology that locks the private sector out of too many parts of our economy.
- And we will do all of this while improving the public services that Kiwis have a right to expect.
Because the hard truth is that Labour’s economic underperformance hasn’t delivered the social dividend they promised us.
So, make no mistake: this election won’t be fought only on Labour’s economic legacy. National will be asking Labour to front up on their social legacy, too. Many of the social problems the Government said it would solve have only got worse.
This time a year ago, I talked about the underclass that has been allowed to develop in New Zealand. Labour said the problem didn’t exist. They said there was no underclass in New Zealand.
But who now could deny it? 2007 showed us its bitter fruits. The dramatic drive-by shooting of two-year-old Jhia Te Tua, caught in a battle between two gangs in Wanganui. The incidence of typhoid, a Third World disease, reaching a 20-year high. The horrific torture and eventual death of three-year-old Nia Glassie. The staggering discovery of a lost tribe of 6,000 children who are not enrolled at any school.” – John Key, “State of the Nation Speech”, 29 January 2008
John Key finished of that speech by saying,
“We will not sweep problems under the carpet. We will not meet the country’s challenges by quietly lowering our expectations.”
So how has National performed?
Not so good, I’m afraid. (But that’s hardly surprising.)
Aside from cutting back on training, National seems to be engaged in a clandestine programme to actually keep wages depressed. Bill English admitted as much last year, on TVNZ’s Q+A when he let slip that New Zealands lower wages were a competitive advantage to Australia,
“”Well, it’s a way of competing, isn’t it? I mean, if we want to grow this economy, we need the capital – more capital per worker – and we’re competing for people as well…
“… we need to get on with competing with Australia. So if you take an area like tourism, we are competing with Australia. We’re trying to get Australians here instead of spending their tourist dollar in Australia.” – Bill English, 10 April 2011
Despite a low-wage economy being counter-intuitive for a multitude of common-sense reasons, it appears that – with National’s coded assent – some local industries are attempting to drive down wages and develop a low-wage economy.
The current industrial disputes with AFFCO and Ports of Auckland Ltd are based purely around driving down wages by cutting conditions; casualisation; and crushing unions in the workplace.
In October last year, the Seafood Industry Council (SeaFIC) told a ministerial inquiry into Foreign Charter Vessels that their industry needed more cheap foreign labour,
“SeaFIC says FCVs hiring Asian crews was no different to companies going to low wage countries.
“Many New Zealand businesses have exported jobs previously done in New Zealand to other countries with wage rates considerably less than minimum wage rates in New Zealand.” ” – Source
The prospect of slave crews on foreign fishing vessels in our territorial waters was a step too far, even for right-wing blogger and National Party cadre, David Farrar. He seemed horrified at what a ministerial inquiry and US journalist had uncovered. (Or perhaps it was faux-disgust, to try to distance National from slavery on New Zealand’s high seas. Who can tell.)
However, it was not a good look for one of our industries to be lobbying National to permit more cheap labour into New Zealand. Even if it was to be far out at sea, out-of-sight-out-of-mind, our US-based clients were not too happy when they found out what was going on under our noses, and from which we were seen to be profitting,
Now, National’s inaction on job creation, training, and upskilling is beginning to bite. Reliance on the free market has not achieved any desirable, measurable goals. In fact, business is still luke-warm at hiring and training new staff.
Global finance and accounting firm Robert Half’s director director, Andrew Brushfield, expressed surprise at the “cautious hiring predictions among New Zealand CFOs”. Really? No sh*t, Sherlock.
So where does that leave us;
- A National government that is cutting training allowances
- No government employment-creation programme to speak of
- No state apprenticeship programme
- Leaving job creation and training to the ‘market’
- The ‘market’ being reluctant to generate employment
No wonder unemployment is still at 150,000.
And little wonder that, with 150,000 jobless, and no jobs training, the Christchurch re-build is now hampered by a shortage of skilled tradespeople,
To illustrate how short-sighted National (and it’s right wing hangers-on and sycophantic businesspeople), Weltec offers seventeen week (full time) courses in the painting trade,
If has been fourteen months since the tragic, devasting quake of 22 February 2011. We could have had a small army of in-training workforce ready to go by now.
FBG Developments managing director, Fletcher Glass, could have his 50 painters – and more – instead of complaining bittlerly,
“You can’t train skilled tradespeople in two years, and even if you could train 24,000 tradespeople, you would over-saturate the market after the rebuild. If you get tradespeople from other parts of the country, you will deplete those places of tradespeople, and that will drive rates up. That will make house prices go up, so buying a house would be even less achievable.’
Hiring overseas workers would prevent Christchurch from turning its problem into a nationwide problem. If you need 6000 painters at the peak of the rebuild, that’s every painter in Dunedin and Wellington.” – Ibid
What absolute rubbish.
I have a sneaking suspicion that Mr Glass , like SeaFIC, is seeking painters from Southeast Asia because they will accept minimum wage.
So we can add the following to the above list, as to why we have a shortage of trained tradespeople to take part in Christchurch’s re-build,
- Employer self-interest
As a point of interest, the above media article also conducted a poll. It asked a simple question,
Should New Zealand fast track visas for overseas tradesmen?
Yes, we need more workers urgently
85 votes, 20.4%
No, we should train more NZers
332 votes, 79.6%
Nearly 80% of New Zealanders have enough common sense to realise what we should be doing. Obviously, none of those 80% are represented by any of National’s current 59 members of Parliament.
In case anyone is foolish enough to accuse this blogger of being fiscally naive, I refer to a BERL report, last year,
Industry training has billions in benefits – study
” A new study suggests the country could lose between $7.2 and $15.1 billion dollars annually if the Government withdrew its investment in industry training.
The study by the Business and Economic Research Limited (BERL) sets out to quantify the costs and benefits of industry training both to businesses and to the country.
According to one model, it found a cut in all public funding towards industry training would result in a loss in gross domestic product of 0.6 to 1.8 percent by 2014, and between 2.9 and 6 percent by 2021.
That equated to a loss of between $1.2 and $3.7 billion annually in the short-term and between $7.2 and $15.1 billion in the long term.
BERL said under such a scenario, the loss of skilled labour would have a detrimental effect on the export sector, crimping its capacity and reducing its competitiveness as industries competed for a smaller pool of talent.
The report, commissioned by the Industry Training Federation, said the results underlined how the country’s skill levels could ”positively impact on the quality and value of the goods and services produced, and the standard of living in New Zealand”.
However, it also noted the economy was complex and warned that ”any attempts to prioritise or isolate particular industries, sectors, occupations or skills as being more or less important are economically unsound “. – Source
Training up unemployed New Zealanders who’ve lost their jobs over the last four years of recession; it’s not just a good idea or a “nice to have” – it’s bloody well obvious!
National’s faith in free market forces is admirable. But the rest of us gave up believing in Father Christmas, Easter Bunny, and Superman as we grew up. (Though having Superman around might be useful.) It is high time that John Key and his Merry Band gave up their quasi-religious belief in the Invisible Hand of The Free Market.
Ideology will not re-build Christchurch. We need many hands – trained up and paid well – to do the work. 150,000 pair of hands!
I leave (almost) the last word to Dear Leader,
“We know this isn’t as good as it gets. We know Kiwis deserve better than they are getting. We are focused on the issues that matter and we have the ideas and the ability to bring this country forward.
National is ambitious for New Zealand and we want New Zealanders to be ambitious for themselves. ” – John Key, “State of the Nation Speech”, 29 January 2008
Wouldn’t that be a fine thing?
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“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.
Common sense prevails!
People were practically dancing in the streets!!
But then, by this morning, an industrial “atomic bomb” was detonated,
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,
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.
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
” 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,
Other Blog Posts
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During the Cold War, Eastern Europeans used to “vote with their feet” and escape to the West. Often that migration was done at great personal risk to themselves and their families.
The Poles, Hungarians, Czecks, East Germans, et al, who crossed from the Eastern European Zone did so in search of freedom – political, economic, and social. For them, the repression in their home nations was sufficient motivation to up-root and leave behind family and friends, in search of something better.
Whilst the risk isn’t quite the same for us (no armed border guards; semi-rabid guard dogs; sentry towers with searchlights and machine-gun posts), New Zealanders are still voting with their feet,
Unlike their Eastern European cuzzies, New Zealanders are not leaving simply to improve their financial lot (though that certainly plays a major part).
I believe there is much more involved in the psychology behind this migration.
Since the Rogernomics New Right “reforms” of the late 1980s, New Zealand has been socially re-engineered. New, neo-liberalistic values of obeisance for wealth; state sector “efficiency”; low taxes; minimal government; user pays in many, previously free social services; and a quasi-religious intolerance of those at the bottom of the socio-economic scale who are left behind in the mad scramble for money and status.
A new creed of Personal Good trumps Social Needs, and Individual Rights/Needs trumps Community Well-being.
It is a New Right puritanism that demands solo-mothers (but not solo-fathers) “go out to work” – blind to the concept of raising a family as being a vital form of work.
It is the demand for Individual Rights to have 24/7 access to alcohol – irrespective of harm caused to society (see BERL report) and the eventual cost to tax-payers.
It is the craven reverance shown to 150 Rich Listers who increased their wealth by a massive 20% in 2010 – whilst condemning working men and women who are struggling to keep their wages and conditions in the face of an onslaught by employers, emboldened by a right wing government. (Eg; AFFCO, Maritime Workers, ANZCO-CMP Rangitikei)
It is a nasty streak of crass, moralistic judgementalism that blames the poor for being poor; invalids for being born with a disability or suffering a crippling accident; solo-mums (but not solo-fathers) for daring to be responsible enough to raise a family; and the unemployed for being in the wrong Place/Time when the global banking crisis metastasized into a full-blown worldwide Recession, turning them from wage earning tax-payers – to one of crony capitalism’s “collateral damage”.
In all this, having a sense of community; of belonging to a wider society; and of being a New Zealander – has been sublimated. Except for ANZAC Day; a national disaster; and when the All Blacks are thrashing the Wallabies, we show very little sense of nationalistic pride or social cohesion.
Indeed, I recall some years ago being in a 24/7 convenience store in downtown Wellington, on ANZAC Day. It was not yet 1pm, so by law alcohol could not be sold.
I noticed a customer in the store selecting a bottle of wine from the chiller and taking it to the checkout, to purchase. As per liquor laws, the checkout operator could not legally sell that bottle of wine, until after 1pm.
The operator explained that it was the law; it was ANZAC Day; and it was a mark of respect (most shops weren’t even open before 1pm).
The customer, a fashionably-dressed young(-ish) man remonstrated with the checkout operator and said in a voice loud enough for everyone in the shop to hear; “I don’t give a shit about ANZAC Day. I just want to buy this wine.”
And that, I believe sums up our present society. That young man simply didn’t care. He wanted something and he couldn’t believe it was being denied to him.
To him (and others like him, who usually vote ACT and/or National), all he knew was that he WANTED a THING and his right to have it, if he could pay for it, was paramount.
What does that say about a society?
Firstly, what it says is, to some folk, a society is little more than a flimsy, abstract concept – and not much more – with ‘Society’ being subservient to the demands of the Individual.
Secondly, if Society is nothing more than an abstract concept – as one person recently wrote to me on Facebook – then there is no way whatsoever that an individual can feel a sense of “belonging”.
“Belong” to what? A geographic place on a map that happens to have a different name and colouring to another geographic place adjacent to it?
If people who happened to be born in a Geographic Area; designated “New Zealand”; coloured pale-green on the map; decide that they can earn more money in another Geographic Area; designated “Australia”; coloured ochre on the map – then moving from “A” to “B” is nothing more than a logistical exercise. Kinda like shifting house from one street to another.
When we have no concept of “society” – then people will “vote with their feet”. They simply have nothing else to consider when making a decision except solely on material factors.
An expat New Zealander, living in a Geographic Area across the Tasman Sea, told the “Dominion Post“,
“A Victorian-based Kiwi with a student loan debt, who did not want to be named because he did not want to be found by the Government, said he did not intend to pay back any of his student loan.
The 37-year-old’s loan was about $18,000 when he left New Zealand in 1997. He expected it was now in the order of $50,000. The man was not worried about being caught as the Government did not have his details and he did not want to return to New Zealand.
“I would never live there anyway, I feel just like my whole generation were basically sold down the river by the government. I don’t feel connected at all, I don’t even care if the All Blacks win.
“I just realised it was futile living [in New Zealand] trying to pay student loans and not having any life, so I left. My missus had a student loan and she had quite a good degree and she had paid 99c off the principal of her loan after working three years.” – Source
If we extrapolate this situation to it’s logical outcome, it becomes obvious that New Zealand’s future is to become a vast training ground for the global economy, with thousand of polytechs, Universities, and other training institutions churning out hundreds of thousands of trained workers for the global economy.
Our children will be born; raised; schooled; educated; and then despatched to another Geographic Area. It gives a whole new meaning to Kiwis “leaving the nest”.
When Finance Minister Bill English told Radio New Zealand,
“We know roughly what the recipe is, policies that support business that want to employ and create opportunities, that provide people with skills and reward those skills.
“We are getting those in place, despite the fact that we’ve had a substantial recession. We believe we can make considerable progress over the next four to five years.” – Source
… he was quite correct – though not quite in the way he was intending. New Zealand will “provide people with skills and reward those skills” – just not for this country.
National leader John Key, once again, was of in la-la land as usual when he said,
“Over the last three years I believe we’ve made some progress, so much that we have been closing that after-tax wage gap, we are building an economy that is now growing at a faster rate than Australia, but it will take us some time to turn that around.” – Source
Dear Leader really should stop smoking that wacky baccy. It’s all utter rubbish of course. The economy is not “growing at a faster rate than Australia” (except in Key’s fantasies) and rather than “closing that after-tax wage gap” – it’s actually been widening.
Worse than that, employers – with support from National – are actively engaged in a “class war” against their own employees to lower wages and to destroy workers’ rights to bargain collectively through a Union.
The lockout of AFFCO workers and threat by Ports of Auckland Ltd to casualise and contract out their workforce is nothing more or less than a campaign to reduce wages and increase profits for shareholders.
So much for Key’s bizarre claim “we have been closing that after-tax wage gap“. (No wonder we trust politicians at the same level as used-car salesmen.)
Not a very pretty picture… and yet that is the future we seem to be creating for ourselves.
How do we go about undoing the last 27 years of free-market, monetarist obsession?
Do New Zealanders even want to?
We should care – quite a bit, in fact.
The more skilled (and semi-skilled) people we lose to another Geographic Area, the fewer taxpayers we have remaining here. Those taxpayers would be the ones who would be paying for our retirement; our pension; and caring for us in Retirement Homes up and down the country.
Which means, amongst other things, that we’d better start paying Rest Home workers a more generous wage rather than a paltry $13.61 an hour – or else we’ll be wiping our own drool from our mouths and sitting for hours on end in damp, cold, incontinence pads. Even semi-skilled workers contribute more to our society than we realise.
If we want to instill a sense of society in our children – instead of simply living in an “economy” or Geographic Area – then we had better start re-assessing our priorities and values.
We can start with simple things.
Like; children. What is more important; a tax-cut, or providing free health-care and nutritious meals at schools for all children?
(If your answer is “Tax cut” because feeding children is an Individual and not a Social need, then you haven’t been paying attention.)
Children who are all well-fed and healthy tend to do better at school. They learn better. They succeed. And they go on to succeed in life.
But more importantly, if society as a whole looks after all children – irrespective of whether they were lucky enough to be born into a good family, or unlucky to be born into a stressed family of poverty and despair – then those children may, in turn look after us in decades to come.
If we want our children to feel a part of a society – our society – then we have to instill that sense of society in them at an early age.
Who knows – instilling a sense of society in all our children may achieve other desirable goals; lower crime; lower imprisonment rates; an urge to contribute more to the community; less family stress and divorce; stronger families; less community fragmentation and alienation…
We’ve tried everything else these past three decades – and things aren’t getting better.
The focus on materialism and Individualism has not delivered a better society, higher wages, or other beneficial social and economic outcomes. Instead, many of our fellow New Zealanders are turning away and going elsewhere for a better life.
Quite simply, if people are Voting with their feet, then this is a Vote of No Confidence in our country.
For a better New Zealand…
~ Cleaner rivers
~ No deep-sea oil drilling
~ Less on Roads - more on Rail
~ A Living wage at $20.20/hr
~ Marriage equality - Yay! Got that one!
~ Strong, effective Unions
~ No secret free-trade deals
~ Breakfast/lunches in our schools
~ Introducing Civics into our school curriculum
~ Cut back on the liquor industry
~ A fairer, progressive tax system
~ Fully funded, free healthcare
~ Ditto for education, including Tertiary
~ Fund Pharmac for Pompe's Disease medication & other 'orphan' drugs
~ No state asset sales!
~ Rebuild public TV broadcasting!
~ Keeping farms in local ownership
~ Reduce poverty, like we reduced the toll for road-fatalities
~ State housing for life
~ Jobs, Jobs, Jobs!
~ Stronger communities
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