Unions and Collective Bargaining

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90px-university_of_california_labour_strike_02Victoria University’s Industrial Relations Centre publishes an excellent annual review of union membership in New Zealand.  For different reasons, the most recent review (which came out in the last couple of weeks) only has figures current to the end of 2008.  But, despite this, the findings are telling. 

In short, there has been a modest increase in union membership – of .5% in the two years from December 2006 to December 2008. 

Overall, however, the total union density (number of union members as a total of wage and salary earners) is only 21.2% - being the lowest level in 20 years, and lower than any level of union density through the Employment Contracts Act.

In plain English, what this means is that – despite encouragement to the contrary in the Employment Relations Act – union membership is on the decline, and arguably a thing of the past in many industries. 

Union membership is still high, for example, in the public service – and in certain industrial pursuits (such as mining).  But, overall, and particularly in the private sector – one might be justified in concluding that the age of unions is past. 

 

flogging_a_dead_horseFlogging a Dead Horse is the name of a compilation album of Sex Pistols’ songs which came out in 1980. 
The album is, of course, named after an idiom which broadly means that a particular line of conversation is finished, and any attempt to continue it is futile.
In the case of the Sex Pistols, the title was apt simply because – despite fans’ desire for more music – the group was finished.  Not long after the album was released Sid Vicious died, and Johnny Rotten took a different musical direction. No point, therefore, in asking for any more. 
In a similar vein, it is quite often difficult for employees to let go of the thought of a workplace in which they have worked – and thrived – for some time.  In a time where redundancy is an unfortunate, but common, end for many, letting go of one’s previous work life can be challenging. But, after a certain point, continuing to pursue an employer is like flogging a dead horse. 
An example of this type of concept is provided by the recent decision of the Employment Relations Authority in Wrigley & Kelly v Massey University (Unreported, Employment Relations Authority, Wellington, 6 January 2010).

Read the rest of this entry »

handcuffsNew Zealand law recognises the importance of allowing for some collective power in bargaining.  But it certainly stops short of what appears to be allowed in France. 

A story this week from Boston.com reports that workers in a store north of Paris held their Chief Executive and a Manager hostage as part of industrial action.   

It appears that it was mandatory for the employer’s representatives to attend a meeting with the union – and that the union simply barricaded them in, and would not let them leave. 
Undoubtedly an effective industrial negotiation tool – but probably not one which would be legal here!

swine_flu12-90x90An interesting story developed this week about sick leave entitlements in the event of swine flu.  Here is the issue:
If someone in your office is diagnosed with the virus (a contagious illness) it may be a requirement upon your employer to quarantine some of that person’s co-workers.  The reason?  They may have the disease - and be contagious themselves - so sitting at home is safer for all concerned.
So should those workers be on sick leave?  They aren’t actually sick, they may never become sick - and the only reason they’re away from work is just in case they turn out to be sick.  Isn’t it a bit unfair to dock them their sick leave (much less require them to take annual leave) in this situation?
An interesting paper from the CTU examines some of the issues - and makes some interesting observations about the approach being taken overseas (where some public servants are being given up to 20 days’ special leave in this circumstance). Read on… Read the rest of this entry »

factory11The internet is indeed a fantastic thing.  Tom Wolfe, author of A Man in Full and well known commentator, likened its power to the concept of biblical “convergence” : It’s one thing to convert a whole bunch of people to your way of thinking, but a much more powerful step to bring them all together.

On that subject, a new website offers some interesting opportunities to unions around the world.  Creativeunions.org is an experiment in bringing together unionists to strengthen collective knowledge and skills.  In essence, it operates as a marketplace for unionists to share their campaign ideas and materials. 

There are some interesting things on show - particularly from some of the Russian unions.  The site is certainly worth a look.

fedex3One of the features of New Zealand’s employment law is an express objective to promote collectivism.  Unions are, so our law says, good - or at least a necessary evil (depending on whose side you might take). 
What an employer can’t do is actively shut out a union - especially at the threat of change to its business. 
But in America, exactly that appears to be happening right now. 
The story starts as a legal tale : FedEx is categorised as an airline under relevant US law, even though it doesn’t make a business out of carrying passengers.  As such, it has certain protections which prohibit (or at least dissuade) employees from organising into unions. 
A proposed change to the law would, however, change all that.  The implication for FedEx: the move could make it easier for unions to organize its pick-up and delivery personnel.
FedEx doesn’t want that - so much so that it has threatened to cancel a $7.7 billion order for 30 Boeing 777 airliners if the change goes ahead.
Could that ever happen here? Could anyone ever envisage a situation where a new Zealand employer effectively threatened commercial blackmail to ensure that its workplace remained union-free?
Surely not!