• n1ons an ea an by * JOHN DEEKS INTRODUCTION A number of recent events in New Zealand have focused public atten­ tion on the role of the trade unions in the political arena and on the relationship between the trade unions and the government. These events have included the unions' interest or pressure group concerned pri­ reaction to the 1976 wage and price freeze marily with the economic well-being of its and to government proposals to change the members. A number of unions, however, basis of union membership,1 protests over and many union members, will have broad­ the arrival of nuclear ships in New Zealand er social objectives linked to varying waters, and the placing of 'green bans' on political philosophies. In some of these commercial land oevelopment projects. In philosophies, as in syndicalism for example, oarticular, in the Commerce Amendment Act the trade union has been viewed as a 1976 the National Party government intro­ revolutionary body that would become the duced a series of provisions governing cornerstone of a new society. We can accept stnkes and lockouts 'contrary to the public some distinction, therefore, between 'econ­ interest.· These prov1s1ons. characterised in omic unionism' and 'political unionism.' the daily press as pu ntttve legislation Eccnomic unionism gives primacy to econ· against 'political' strikes, attempt to limit omic goals and the economic union is union action to 'industrial' matters as oppos­ involved in politics only in so far as such ed to 'political' matters and to prohibit any involvement is seen to be necessary to pro­ strikes or lockouts that are deemed, either tect the existence of the union organisation dtrectly or indirectly, to coerce the govern­ or to secure improvements in the wages, ment. Such legislation ratses a number of salaries and workinq... conditions of union questions of principle concerntng the rights members. Politico! unionism, in contrast, is of trade unions and other pressure groups also concerned with political objectives within a democratic society, and a number such as the successful placement of union of definitional problems. This article argues candidates in parliamentary or public offices, that trad e union economic objectives i nevi t­ and the political union, whilst carrying on ably and increasingly bring unions into economic functions on behalf of its mem­ political issues, and that government bers, is nevertheless prepared on occasion attempts to confine trade union activities to to subordinate those economic functions to employer-emplovee relationships at the a wider political purpose. It is argued2 that industry or at the workplace level are doom­ a political union has a number of distinctive ed to failure. At the same time the article characteristics: it requires ideological con­ attempts to clarify the nature of the political formity amongst its leadership; its leaders activity that trade unions engage in. spend most of their time in political opera­ Forms of Unionism and Political Activities tions and discussions; it frequently uses of Trade Unions direct mass action in support of non­ It is necessary to accept that in a demo­ industrial objectives; its goals are broad cratic society a trade union is a legitimate and may include the revamping of the major

• JOHN OEEKS Is Senior Lecturer In lnduatrlal Relatione, Department of Management StudiH, Unlve,..lty of Auckland. 1-See Wilson, M., 'Union Membership in New Zealand : An Assessment of Government Policy' N.Z. Journal of Industrial Relations, May 1976, pp. 9-1 4. ' 2-See Millen, B .. H. !n RE H ~U~, C. M. and McLAUGHLIN, D. B. {eds), Labor and American Polltlca Ann Arbor: The Un1vers1ty of M1ch1gan Press, 1967. p. 14 ' 9 rules governing society: aild it is prepared governments and political parties, and refer­ to temporarily abandon economic objectives ences to political activity on the pa rt of in the hope of winning political power. trade unions commonly refer e1the r to the Trade unionism in New Zealand is prim­ nomination of candidates for public offtce arily an economic rather than a political or to efforts to lobby for legislation or form of unionism. This is not to say that government action that is favourable to the there are no ideologically committed unions unions' economic objectives. Where there or union members with a v1sion of some are links between the unions and political alternative social system. Rather it is a part1es they are not necessanly only with descriptive statement about the dominant the social1st or social democratiC parties pract1ce of trade unionism in New Zealand In West Germany for example, the DGB as reflected in the activities of union offic­ (Deutsche Gerwerkschaftsbund, the central ials and job delegates and by the wishes trade un1on organtsat10n) supplies a sub­ of the majority of union members. H av~ng stantial number of MPs not only to the made this distinctton between k~nds of trade Social Democratic Party but also to the unions in terms of the end goals that unions Christian Democrats and one of the DGB pursue, it is necessary also to consider the vice-presidents is regularly elected from nature of the political activities that un1ons, ihe Chnst1an Democrats wtthtn the union whether economic or political, may pursue organisat1on.s In New Zealand the most as means to the achievement of those goals. common form of polit1cal activity engaged Certain kinds of political activity may be in by the trade unions is probably lobbying just as necessary to a union pursuing econ­ In th1s they are no different from numerous omic goals as to a union pursuing pol1t1cal other sect1onal 1nterest groups - business goals. We cannot, therefore, JUdge the and professional groups, consumer groups. nature of the un1on1sm by reference merely educational, environmental, recreational and to the political activities that the union finds cultural groups - who try to influence the itself engaged upon. Political un1onism is direction of central or local government defined by reference to ends, but political policy in various ways. Such groups can act1v1ty, that is "activity designed to per­ and do have political influence without nec­ suade by a variety of means the public, essarily having or seek~ng pol1t1cal power. political parties and governments that parti­ Their relative influence shifts w1th changes cular act1on is e1ther desirable or other­ in the s1ze of their membership and the Wise, '' can be ident1hed independently of extent to which they can achieve a sym­ any labelling of particular objectives as pathetic response from the wider public 'political' or 'Industrial '3 Thus, 1n the Un1ted The practice of the lobby and pressure States, for example, organised labour has group politics rertects the princ1ple that a always been Involved in political act1v1ty minonty group 1n a democratic soc1ety has and yet has been characterised as "busi­ a right to seek to influence public policy­ ness un1omsm making and to seek redress for grievances. The k1nds or political activities which In this respect the lobby is a component unions engage in may cover a broad spec­ part of a participatory democracy and in trum. Unions may be directly linked to oppos1t1on to the concept of democracy as political parties. In the United Kingdom, for delegated power in which the winning of a example the trade unions supply the bulk parliamentary maJority is taken as a blank of the Labour Party's income and most of cheque for whatever pol1cies the VICtorious the Party s special election campaign funds party set out in its election man1t~sto.6 and they control the maJority or the votes Indeed the denial of recognition for the at the Party's annual conferences In addi­ rights of minority groups is likely to 1ncrease tion many unions in the United K~ngdom their recourse to direct action methods of sponsor members of parliament.4 Unions in Influencing political decisions. the United States, in contrast, have tradi­ Trade unions in New Zealand as else­ tionally been independent of direct links to where have always been involved in political

3-MAY, T. C, Trade Un ions and Pressure Group Politics, Lex1ngton : D. C Heath and Co, 1975 4-See RICHTER. 1., Political Purpose in Trade Unions, London : George Allen and Unw m 1973 for des~ cription of the Eng1neers' Un1on programme • · 5-JACOBS, E., European Trade Unionism , London Croom Helm. 1973 6-See LASKI, H. J . Trade Unions In the New Society, New York: V1k1ng Press. 1949, p. 170. 10 ctnd economic activity of a direct action has been tho growth of government employ­ kind from time to time. Symbolic action ment and the correspondinQ expansion of programmes of marches, rallies and par­ the membership and power of the state ades are part of the history of trade union­ services unions. particularly the Public ism and the direct action weapons of the Service Association. Thus there has been strike, the boycott, the sit-in, the work-to­ a government-union confrontation of an rule, the go-slow, have been used for a employer-employee kind, part of the collec­ vat iety of purposes. In 1976, for example, tive bargaining process in the public sector. the New Zealand Federation of Labour Secondly, there has been the growing called a series of stop-work meetings attempt of government to control wages around the country to protest about the and salaries as part of economic policy, government's handling of cost-of-living usually for some short-term economic or issues and to rally opposition to govern­ political convenience but generally dressed ment proposals to change the legislation on up with claims to be part of an overall union membership. In January 1977 the economic strategy. This is most obvious in Auckland Trades Council placed a 'green the various forms of incomes policy and ban' on su bdivision work at Bastion Point wage restraint that governments in the in order to delay a development project Western world have tried to negotiate or that many interest groups thought was impose as a means of combating inflation. environmentally undesi rable. Direct action, In New Zealand this can be clearly seen he wever, poses a nu mber of problems for in the events of the last few years. Up to trade unions. Such action generally has a 1971 there was an Arbitration Court that 11egative or veto aspect and whilst it can ru led on general wage order applications. be used to obstruct the desires of govern­ There were, of course, ways in which ment. of public bodies or of private corpor­ governments would pressurise the Arbitra­ ations, it may produce little of tangible tion Court to take account of government economic benefit to trade union members. policy or the country's economic situation In particular it is difficult for unions to when reviewing any application for a gen­ gauge membership support for direct actron eral wage order. But government was not programmes that are not closely geared to as of right formally able to appear before the specfic economic goals of the member­ the Arbitration Court to argue the case for ship.? Indeed there is evidence to suggest wage restraint, although the employers that many union members do view politics could and did call for evidence from the and trade unionism as separate matters and Treasury and that gave government the wish their unions to confine themselves to chance to put its views across. In pri nci pie, •mproving wages, salaries and employment however, the Arbitration Court was adjudi­ conditions at the place of work. The growth cating between employers and unions with of such a work-centred perspective amongst the government on the sidelines. But since union members is partrcularly problematic the discontinuance of the Arbitration Court tor the unions at a time when they are f'uccessive governments in New Zealand, increasingly been drawn by government the Labour Party administration of 1972-75 action into centralised wage and salary and the National Party administration that fixing procedures. It is to this issue that came into office in November 1975, have we now turn. taken the centre of the stage on wage and New Zealand's Wage Hearing salary matters, imposing wage restraints, Tribunal wage freezes, cost-of-living allowances, and One of the most clearly understood and unilaterally determining a series of general accepted objectives of the trade unions is wage orders after discussion with the cen­ the representation of the economic interest tral trade union and employer organisations. of their members through bargaining with In 1976 the National government, in an employers on wages and salaries. I ncreas­ amendment to the Wage Adjustment Regu­ ingly in the post-war period this has brought lations of 1974, established a new body, trade unions into conflict with government the Wage Hearing Tribunal, which once primarily along two dimensions. First there again shifts the overall balance of

7-ln January 1977, for example, a seven-day boycott of trade and communications with South Africa, called by the British Trade Union Congress and international wot kers' organisations to protest against apartheid, was ignored by a large poportion of the affected workers. 11 government-union-employer powers in the January 1977 we find the representative of settlement of wages and salaries. The the Minister of Labour arguing before the tribunal has up to five members - there Tribunal that in the interests of the econ­ are three on the present tribunal - ap­ omy only a moderate wage order could be pointed on the recommendation of the c;usta1 ned and that 11 if proper regard is to Min1ster of Labour, all the members being be had to economic stabilisation then the independent and free of any sectiOnal inter­ country must accept a lower living stand­ est Either the New Zealand Federation of ard."8 Labour or the New Zealand Employers' In New Zealand, then, there have been Federation can apply to the Tribunal for a three wage-fixing situations since the late wage order and, after hearing representa­ 1960's. Firstly, the situation with the Arbi­ tions, the tribunal may make such an order, tration Court where the government effec­ the tribunal's decision being final and not tively was sitting on the sidelines and subject to appeal. In the context of my would only be called into an application argument here there are two crucial aspects that went before the court if one of the to the regulations under which the tribunal parties, the employers or the trade unions, operates. The first aspect is the critena asked for evidence from a government that the tribunal should apply in its consid­ department, normally the Treasury Second­ eration of a wage order application, and ly, the situation where the government had the second concerns the opportunities a completely central and dominant role in · made available by the tribunal for repre­ the determ1nat1on of wages and salaries. sentations from interested part1es In generally from 1972 through to the middle deciding whether to make a wage order the of 1976, with government impostng general tribunal is required to "give paramount wage orders, taking into account represen­ importance to the promotion of the econ­ tations from the Federation of Labour, the omic stability of New Zealand" whi 1st a Iso Combined State Serv1ces Organisation and takrng into account the capacrty of the New the Employers. And now at the present Zealand economy to sustain a general wage time, the situation whereby the government and salary rncrease, the promotion of indus­ is participating in the actual processes of tnal harmony, the maintenance and promo­ settlement of wage and salary matters by tion of New Zealand exports, the matnten­ having the right to appear before the new ance of full and productive employment, Wage Hearing Tribunal, a Tribunal whose and movements in the Consume1s' Pnce terms of reference and membership have Index and in the relative incomes of non­ been chosen by the government. wage and salary earners in the commun­ Thus, as the government has taken, in ity. It is clear, therefore, that the terms-of­ the post-war period, an increased interest reference of the Wage Hearing Tribunal g1ve in the outcome of wage and salary nego­ priority to general economic objectives and tiations between employers and trade un­ pol1c1es rather than, for example, to the ions so it has essentially drawn those nego­ preservation of the real incomes of wage tiations into a political framework, that is and salary earners. The regulations also lay it has tried to ensure that any private down wh1ch bodies can expect to appear settlements that m1ght have taken place before the tribunal to make representations, between employers and trade unions are namely representatives of the FOL. the either aware of overall government econ­ CSSO, the Employers' Federation and, un­ omic policy or of the general economic like the Arbitration Court, the Minister of Circumstances of the country at the time of Labour. The government can now appear those negotiations, or it has determined as an interested party in its own right. In­ general incresse~ in wages and salarixs deed, given the tribunal's terms-of-reference quite directly 1tself. The important point, in the government can claim that its argu­ the context of my general argument, is that ments should take precedence since the this outs wage and salary negotiations criteria that the tnbunal has to take into quite clearly into the political arena. Nego­ account are so heav1ly weighted towards tiations are carried on within a political considerations that fall within the preserve rontext and it is absurd, therefore, for any of government economic policy. Thus in government to try and maintain, given its

a-Auckland Star, 25-1-77. 12 own activities in wage and salary negotia­ industrial action at the level of the firm, or tions, that trade unions should not act in whether they should move through political a political manner, that is that trade unions C:tction, that is through representations to should content themselves with employer­ government centrally and representations employee relationships and the determina­ through the policial wing of the labour tion of wages and salaries at the level of movement, the Labour Party. Indeed in the plant. In the post-war period in New Britain, of course, the trade unions have Zealand we have had an increased inter­ sponsored MPs and have tried to influence vention of government in collective bargain­ the Labour Party quite directly and, as we ing, wage fixing and salary fixing matters. well know, at the present time have a very Effectively this politicises these matters, major say in the economic and social pol­ ~nd, consequently, the trade unions, in icies of the present Labour administration order to represent their members' interests, in Britain. The interesting thing about New increasingly have to take up political Zealand in this kind of context is that the action. What sort of logic is it that says oolitical wing of the labour movement, the that trade unions should confine themselves New Zealand Labour Party, is at the pres­ to non-political activity. accepts that the ent time somewhat demoralised, suffered major rationale of trade unionism is the a major defeat in the 1975 election, has economic well-being of the1r members and presented an image of ineffectual opposition then puts the negotiations of wages and to the government and does not speak with salaries quite deliberately into the centre a very clear voice on matters of wage and of politics? salary settlement. For example, you would The whole argument about trade un1ons think from reading the newspapers that and politics is, of course, somewhat spur­ there was no particular political angle to ious. Trade unions have always been the wage claim by the FOL and the CSSO i n v o Iv e d i n poI it i c a I activity. I n deed h is tor­ which led to the March 1977 6°/o award of ically the formation of many Labour parties the Wage Hearing Tribunal. There seemed has been with trade union support and it to be no statements from Labour Party has been common to view the trade union politicians on how they saw wage and as the industrial wing of a labour move­ salary matters at that time and what level ment and the political party as the political of settlement they thought to be appropri­ wing. Thus in New Zealand it was a meeting ate. Yet I am arguing that such matters of the Trades and Labour Conference that are political mC:tlters and that political oppo­ resolved, in 1898, that a Labour Party should sition in terms of wage and salary negotia­ be set up. In 1904 the Trades and Labour tions has been taken over solely by the Councils set up the Political Labour League, Federation of Labour and the Combined the forerunner of the first Labour Party in State Services Organisation. What we have New Zealand. By the 1940s trade unionists in effect is a situation in New Zealand ~ccounted for about 80°/o of the Labour where the Labour party opposition has been Party's membership and nearly every union muted. It does not appear to represent in the Federation of Labour was affiliated any particular sect1onal interest and does to the party. In recent years, however, the not come forward and speak forcefully on ties between the trade unions and the New labour and industrial relations matters and Zealand Labour Party have been less strong. on matters of wage settlement but rather Only a small portion of the Party's election leaves these exclusively to the central trade funds comes from the unions, disaffiliations union bodies. If, and this may be taking a of unions from the Party have increased, somewhat Machiavellian view of the picture, and the main formal contact between the •he present government, by annihilating the Federation of Labour and the Labour Party Labour Party at the polis, feels that it Is has been the somewhat powerless Joint operating with very little parliamentary op­ Council of Labour. In practice trade unions position, and the only effective political in New Zealand as elsewhere have often opposition comes from the central trade faced the dilemma of deciding in terms of union organisations, particularly from the the best representation of their members' Federation of Labour, it is obviously in the econom1c interests, that is in terms of interests of the government to attempt to improvements in real wages and salaries, curtail the force of that opposition too. And whether or not they would be better advis­ one of the ways of doing that is to limit ed to push for improvements through direct the trade unions to activities at the level of VICTORIA UNIVERSITY OF 13 WELLINGTON LIBRARY the enterprise by trying to keep trade union munity is endangered by the strike or lock­ activities within the confines of so-called out. In addition to ordenng a resumption of 'industrial action' and out of the political work the Court will determine the procedure arena. Part of the 1976 Commerce Amend­ for settling the issue over which the stnke ment Act attempts to do just that. or lockout arose. The section also g1ves the The Commerce Amendment I ndustnal Court powers to order the cessa­ Act, 1976 tion of any rolling strike action a roll1ng Part IVA of the Commerce Amendment strike being defined as 'the action of a Act 1976 deals with 'strikes and lockouts number of workers, acting in concert or contrary to the public interest' and two pursuant to a common understanding, 1n sections of the Act, sections 119b and 119c striking in relay.· Any government m1nister are of relevance to the argument of this can apply to the Industrial Court for a article. Section 119b makes it an offence resumption of work order under section for anybody to take part in, or to i nc1 te or 119c as can any 1nd1vidual, or his repre­ aid, a strike or lockout concerning a matter sentative organisation, who can prove to (a) which is not an industrial matter or the Court that he is directly affected by (b) which the employers and workers them­ the stnke or lockout Failure to comply selves. or their respective unions do not with a resumption of work order carries have the power to settle. It is also an maximum fmes of $150 for an individual offence to take part in, or to incite or a1d, worker, $700 for a union off1cial or employer a strike or lockout that is intended to representative, and $1500 for a union or coerce the New Zealand Government. other an employer. than in its capac1ty as an employer, e1ther It is not difficult to see why these sec­ directly or by infl1ctmg inconvenience upon tions of the Act have been totally opposed any section of the community. Max1mum by the trade union movement in New Zea­ fines for conviction under section 119b land. They put severe limitations on the range from $150 for an individual worker right to stnke, remforced by fmanc1al pen­ conv1cted and $700 for an Individual union alties against unions, the1r oft1c1als and off1c1al or employers' representative to !heir members. They are d1rected particu­ $1500 for a union or an employer In addi­ larly at some of the most stn ke-prone sec­ tion to these fines anybody who has suffered tors of the New Zealand economy, the loss as a resu It of the strike or lockout can freezing industry and the waterfront, where sue for damages in c1v1l proceedings. Any export trade is at stake. They would seem award of damages as a result of such a to prohibit strike action in an industry if civil action could only be made against a such action had some demonstrably dam­ union or an employer If, however, a union a~ing econom1c impact on that Industry. failed to pay the damages awarded then Thus 1f a un1on has economic leverage 1n the individual un1on members would become nn industry any strike action it may take liable up to a maximum of $200 each could be Illegal; of course, if it has no Section 119c deals with failures to re­ econom1c leverage then strike action could sume work where the public interest is well be pointless. Wh1le the Act does not affected Although there is no formal defini­ define an 'industrtal matter'10 the Implica­ tion 1n the Act of 'public interest,' this tion seems to be that it is a matter that can section effectively defines it. The section t)e settled by the employers and unions gives the Industrial Court9 powers to order themselves. A number of union act1ons of a resumption of work 1n a stnke or lockout the last few years would presumably be s1tuat1on if the Court is sat1sf1ed that (a) illegal if repeated now - the Federation the economy of New Zealand, particularly of Labour's 1976 senes of stop-work meet­ its export trade, is or will be substantially Ings could be considered as an attempt to affected by the strike or lockout or (b) the coerce the New Zealand government, the economy of a particular industry is or will Auckland Trades Counc1l s 1977 green ban be substantially affected, or (c) the life, at Bastion Point is presumably a non­ safety or health of members of the com- industrial matter. The point of course, is

9-The New Zealand Industrial Court was sal up under the Industrial Relations Act 1973 to deal with disputes of rights. For full details see, Young, F. J L New Zeaalnd Industrial Relations: Retrospect and Prospect,' New Zealand Journal of Industrial Re lations, May 1976, pp. 3-8. 1o-1n the Industrial Relations Act 1973 'industnal matters' were defined aa 'all matters affecting or relating to work done or to be done by workers, or the privileges, rights, and duties of employers to work ~Hs in any Industry.' 14 not only whether any actions are brought national economic policy, on foreign pol1cy, to the courts on such issues, it is that they on government legislative programmes. can be brought both by the government They are involved in issues of productivity, and by mdividuals. The chairman of the income distribution, inflation, company re­ Combined State Services Organisation has organisation, economic development, con­ suggested that these clauses of the Com­ sumer affairs, taxation and labour market merce Amendment Act will put industrial policies. Many trade unions started as relations in New Zealand back 100 years friendly societies providing some of the and has described the government action welfare benefits that have subsequently as a ' complete contravention of the I LO been taken over by the state. From a conventions concerning freedom of associ­ position of initial opposition to government, ation and the right to stnke.' unions have turned in many countries into 'an integrated institution of the welfare The Inevitable Growth of Trade Union state.'12 The unions themselves have become Political Activity signifi cant employers. In West Germany, for The present New Zealand government example, unions own the fourth largest bank reflects the growing trend in Western dem­ in the country, the biggest life insurance ocracies for government concern about the company, one of the three largest travel public interest in industrial relations. Un­ companies, and the largest property devel­ fortunately, however, rather than drawing opment company in Western Europe.13 the trade union movement closer to govern­ In some respects what the present New ment in policy-making on economic matters Zealand government has done in its legisla­ that have some bearing on the interests of tion to date has been to threaten the sense union members, the New Zealand govern­ of 'establishment' of the New Zealand trade ment has taken the road of confrontation.11 unions and their leaders. The government In response the unions are inevitably led to has changed the legal framework within stress their contervailing power, the sec­ whic h the trade un1ons operate and its tional nature of their primary interests, and wage and salary pol1c1es have made the to disassociate themselves from responsib­ unions increasingly aware of the I imitations ility for the way in which industrial relations on collective bargaining at the plant or are developing in New Zealand The govern­ industry level. These are matters which now ment in turn comes increasmgly to view once again compel political action on the the trade union movement as a new and part of the trade unions if they are to pro­ illegitimate political opposition and seeks tect their members' economic interests at to curtail the political activities of the un­ all effectively. At the same time the exten­ ions. In trying to deny trade union involve­ sion of government activities, particularly ment in political activity, however, the in the area of incomes policy, re-emphasises government effectively denies the legitimacy the importance of close union-government of the objectives of the trade unions as a relationships in the promotion of positive pressure group and indeed denies the legi­ industrial relations policies and practices. timacy of all pressure group politics. Traditional divisions between political and Historically the relationship between the industrial matters are no longer a usefu 1 trade unions and the governments of most guide to policy or to analysis: " the growing Western democracies has shifted radically concern of governments with the level of over the years so that now the union move­ wage settlements ... has served to politi­ ment is a recognised institution, part of 'the cise matters previously regarded as indus­ establishment,' closely integrated with the trial and thus only the concern of the econom1c and political life of the capitalist bargaining agents, the employers and the system. Union representatives participate in employees." 14 royal commissiOns, in government commit­ It is ironic but not unexpected that a tees of inquiry and sit on ministerial advis­ government which hopes to prohibit trade ory bodies. Large unions, or the central union activity in the political arena is likely union organisations, issue statements on to find itself increasingly having to deal

11-The parallels with Lhe initial moves of the 1970 Heath administration in tne United Kingdom are very striking. 12-Van de Vall, M., Labor Organlaatlona, Cambridge: University Press, 1970. 13-JACO BS, op. cit., p. ~4 ff. 1~-MAY, op. cit., p. 128. 15 with the trade unions on political issues :ate rank-and-file un1on members on cost­ There are many precedents. In the United of-living matters, on the government's Kingdom, the Taft Vale case of 1901, which policies on union membership and on the placed trade union funds in jeopardy and issue of nuclear ships in New Zealand threatened trade union officers with con­ waters. In general efforts to decrease poli­ tempt of court for the actions of their mem­ tical activity in industrial relations matters, bers, led to five years of intensive political particularly efforts that are geared to the activity cu lmi nati ng in the Trade Disputes use of the courts for enforcement. fre­ I Act of 1906. In the United States the Taft­ quently have the opposite effect. Industrial Hartley Act of 1947, enacted to restrict and relations cannot be taken out of the political weaken the scope of union act1vity, actually arena by means of the law; any attempt to advanced and intensified the polit1cal do so will simply put the law into the poli­ growth and development of the labour move­ tical arena too. " In the ultimate analysis, l ment which led to the establishment in 1955 all aspects of labour relations ... are part of the AFL-CIO s Committee on Political of politics. Trade unions are involved in Education.15 One of the functions of the politics, whether they want to be or not, New Zealand Federation of Labour's senes whether they claim to be neutral in partisan of stop-work meetings in 1976 was to edu- politics or not."16 0 I 15-See REHMUS and McLAUGHLIN, op. cit 16-SPIRO, H. J., The Polltlca of German Co-determination, Cambridge, Mass: Harvard University Press, , 958, p. 5.

Reactions to Recent Changes in Industrial Relations Legislation in New Zealand At the end of February the Industrial Relations Society held a panel I discussion in Auckland on the changes made to industrial relations legis­ lation through the Industrial Relations Amendment Act (No. 2) 1976 and the Commerce Amendment Act 1976. Edited extracts from some of the contributions by panel members are recorded below. (1) MR D. BIRKHILL, President, Auckland on the issue of calling ballots for voluntary Branch, N.Z. Insurance Guild membership of unions. Now, the ballots will Prtor to the government introduc1ng its only be called upon the decision of the legislation into parliament it had backed Minister of Labour in consultation with the down on a number of 1ssues. In particular Federation of Labour. it had rejected completely severe prov1sions Despite these concessions there were which would have removed union officials sweeping changes proposed in the Indus­ from office if they had incited 'non-industrial trial Relations Amendment Bill (No 3) strikes. Some sources say that it was 1976. • Some said the proposed legislation po1nted out to government that this might smacked of wi ndow-d ressi ng so that the remove half the present union offtcials - government could say it had carried out its including some of the moderates - and election promise to straighten out the un­ would open elected and appointed offices Ions. Union leaders seemed to have to the radicals. Another concession the acquiesced in it on the understanding that government made was that 1t left the Sup­ there would be industrial mayhem if it was reme Court out of the industrial situation, ever invoked. Others said it was not good making the Industrial Court the principal law. It was not fair law and it was ineffec­ jud1c1al body. The government also y1elded tive law. The Bill was referred to the select

• The Industrial Relations Amendment Bill (No. 3) 1976 passed into legislation as the Industrial Relations Amendment Ac t (No. 2) 1976. (Ed .). 16