ISSN 0113-9339 Number 107 March 2016 201620M&C Workers News JOURNAL OF THE MANUFACTURING & CONSTRUCTION WORKERS UNION Trade union principles will stop history repeating Important negotiations are taking place now wages and a living wage, to end poverty in that will help decide the future of employment working households, is suggested, along with in public transport. promoting the trade union principles required As reported on page 4 negotiations for the NZ to make that happen. Bus collective agreements in the Wellington region are taking place against the background of changes for tendering for the work by pri- vate companies. In Auckland the first tenders saw the work going to the cheapest tenderers who paid the lowest wages. Competition for work drives down wages. It happened in 1990, and it will happen again unless workers combine to stop it. Competi- tion in the labour market is the root cause of poverty in working families. The lack of trade union principles is the greatest impediment to combatting poverty. On pages 8 and 9 the impact of poverty on our children is outlined. A campaign to reintro- Go Wellington lockout 2008: by staying united the duce service pay as a bridge between poverty union achieved a wage boost with no clawbacks Also in this issue... Health & saftey... page 10 From the workfront... A huge gap between the safety perceptions of em- pages 2 - 3 ployers and workers in manufacturing is revealed The Union settles a dispute over an unjust dis- missal at Viridian Glass regarding accusations of International News... bulling. pages 14 - 15 Collective agreement A new global framework agreement helps in negotiations... pages 4 - 7 union recognitions disputes. NZ Bus negotiations grapple with the impact of a new tendering system which portends a return to Industriall resolution on the wage cutting of the 1990s. TPPA... page 16 PAGE 2 M&C WORKERS NEWS Urgent compliance order against NZ Post for failure to consult The Postal Workers Union gree of skills required. are confidential and not to be dis- (PWU) has sought an ur- Nevertheless, without consulta- cussed with affected members. In gent compliance order in tion, NZ Post purchased the Pax- the PWA’s opinion this breached ters which will lead to a change in the CEA. the Employment Relations the operation of the postal delivery Authority (ERA) regarding service as posties would no longer COMPLIANCE NZ Post failure to consult walk, cycle or motorcycle. It will ORDER with the PWU regarding also impact rosters. Working days Therefore the PWU sought a com- the use of Paxter vehicles. will become fewer but longer pliance order in the ERA that NZ While NZ Post has been conduct- Post properly consult affected ing confidential meetings with a SECRECY members. Members felt that in ad- small group of union officials (the Prior to the introduction of the dition to changes to the way work Delivery Working Group and Net- Paxters NZ Post had merely met is done, there are a number of safe- work Working Group) the posties with several union official to dis- ty issues such as heavier steering directly affected by NZ Post’s in- cuss the introduction of the Pax- and longer reach for breaks.Also troduction of the Paxters and cor- ters. The officials were advised there are issues on the Paxter be- responding changed rosters have that all discussions about the issue ing too large for use on footpaths. not been consulted. BREACH OF CEA The collective employment agree- ment (CEA) requires that NZ Post consult with the PWU. In particular NZ Post manage- ment promise to consult directly with people who are affected by proposed changes. This includes circumstances where a piece of technology is introduced that sig- Small vehicle causing big issues - PWU and NZ Post are at odds about nificantly alters the nature and de- the safety and effectiveness of the new Paxter vechicles. M&C WORKERS NEWS PAGE 3 From the work front... Dispute with Viridian Glass over unjust dismissal settled The Union settled mem- ber Wayne Brassington’s unjust dismissal from Vir- idian Glass at mediation, which highlights many things employers do wrong when dealing with accusa- tions of bullying. How should an employer deal with accusations of workplace bullying and abusive behaviour? On the Viridian’s actions in dismissing Wayne were far from trasnparent and one hand, it is a serious issue that clearly were both unfair and unreasonable. should be dealt with quickly but events. Instead they continuously of behaviour or a single incident. on the other hand, it is easily made interrupted him with their opinion The employer had gone back and accusation that requires at least on the matter. forth on which one it was. some investigation by the employ- er. In the Wayne’s case, the com- Use of expired warnings pany did almost everything wrong. TARGET ON HIS The employers version of events BACK that it repeatedly insisted on was You certainly cannot be forgiven HOW NOT TO DEAL that this was simply a continuation WITH A COMPLAINT for suggesting that the employer of previous disciplinary matters. was out to get Wayne. The way OF BULLYING Yet many of these had never been it came out at him suggested that When a complaint was made raised with Wayne. Regardless all the employer wanted to end the against Wayne, his employer re- the warnings given had expired. employment relationship. In fact, sponded by simply accepting it was evident during the dismiss- the complaint as true and that it Summary execution al that any further complaints amounted to bullying. It then fol- After a very brief meeting the em- after July 2014 would be treat- lowed that by inviting Wayne to a ployer adjourned for only 15 - 20 ed as serious misconduct. This disciplinary meeting. min before coming back with a demonstrates how the employer preliminary decision to dismiss did not understand that they have No explanation of wrongdoing Wayne. This further showed a lack carry out an investigation into At the meeting Viridian made a proper consideration and investi- complaints and not merely pre- number of mistakes. First it nev- gation into the claims. It was not dispose themselves to a particular er raised with Wayne what about enough time to make a decision outcome. his one exchange with the com- with such serious consequences. plainant constituted bullying. This SETTLED AT limited Wayne’s ability to respond. No clear reason for dismissal MEDIATION At the final decision to dismiss The Union was able to file a dis- Limited ability to respond the employer refused to consider pute in the Employment Relations It may not have mattered that alternatives to dismissal. It mere- Authority and get the matter Wayne was not told what was ly reiterated its belief that Wayne referred to mediation. Wayne and bullying because the employer re- was abusive. It was however not Viridian then settled the matter to fused to let him tell his side of the made clear whether it was pattern Wayne’s satisfaction. PAGE 4 M & C WORKERS NEWS Collective agreement negotiations... Bus negotiations set scene for bargaining under competitive tendering Regional negotiations for NZ Bus subsidiaries were conducted during Febru- ary. As M&C Workers News goes to print the employer has made an offer that will be reported on to an all up membership meeting. While there are three separate agreements, for Go Wellington, Valley Flyer and Runcimans, they are all negotiated jointly as part of the unions’ attempt to move to- wards standard wages and condi- The Wellington Regional Council’s decision to scrap trolleys has tions. undermined the advantage for tendering for work that Go Wellington formerly had creating certain loss of work in the tendering process that TENDERING commences in April 2016. This year the bargaining took place in the context of a new round erating a public passenger service in Wellington, bus drivers took of tendering for public passenger is wages. Competitive tendering a drop in wages of nearly $2 per work. In Auckland this new round tends to favour the operator that hour while electing to retain all has already seen NZ Bus lose work pays the lowest wages. penal rates. Since then the union to other operators who have under- In 1991, the last time serious cut NZ Bus. Half of the cost of op- competitive tendering took place Continued opposite on page 5 Settlement of flat rate issue proposed An important issue in the ing the whole week and any time enough workers working 7 days a Workshops section of the a bus operated. Their hours could week if required, at any time. This Go Wellington CEA was the be changed permanently on 5 days would eliminate all overtime and notice. weekend work thereby cutting the flat rate. company’s wage bill. The compa- The company had created a flat $250,000 ON WAGE ny’s failure to get more than 4 to rate for 4 former union members. accept such hours of work arrange- The company had insisted, un- BILL When the rates agreed by those ments has meant that its wage bill truthfully, to do this they could would blow out if their flat rate not be union members. In return 4 were applied to shift workers (the majority of staff and who all were applied to all workshop staff for a higher wage rate they gave up with the existing hours of work in many conditions and penal rates remain with the union) the poten- tial flat rate added $250,000 to the CEA. contained in the CEA. In return for a more modest flat Those who created this flat rate the company’s wage bill.