There will be few Easter celebrations in the families of workers employed by Talley’s AFFCO, who have extended their lockout notices to more workers over the Easter period.
There are legal questions about the legality of the Easter lockout, which appears to be another move by Talley’s to punish their workers for daring to stand up to their demands. The Holidays Act requires that workers be given a paid day off should the public holiday fall on a normal working day. The question that has not, to be my knowledge, been tested is whether a “normal working day” applies if a worker is prevented from coming to work by their employer.
The cynical among us would say that Talleys has implemented this measure to avoid paying statutory holiday pay over Easter. But I think it goes deeper than that and into the oft demonstrated antagonism the Talley’s family towards any workers belonging to a union.
But there’s a bigger question.
Is the lockout, once rarely used by employers, now becoming the industrial weapon of choice?
Dr Kerry Taylor, historian, of Massey University thinks so, saying today that :
Lockouts were once a last resort for employers but are becoming more common, indicating a trend towards more “employer activism”
Talley’s AFFCO meatworks has locked out more than 1000 workers in Moerewa, Horoitu, Whanganui, Wairoa, Rangiuru and Feilding in a dispute over pay and conditions. A further 500 workers will be locked out over Easter so AFFCO can reportedly avoid paying statutory holidays.
Dr Taylor says AFFCO’s escalating action is a startling reminder something serious is going on in New Zealand political and industrial landscape, where in the past lockouts were the last resort, but today, they’re becoming almost commonplace.
He says the lockout is a clear case of “employer activism”, where the lockout is deployed as part of an aggressive strategy to target certain conditions of work and weaken – or break – collective action by workers.
And he points the finger at the government.
Historically employers seldom resorted to locking out
I will watch with interest the legal process around this question, but meanwhile 1500 workers are going without pay this Easter – on top of the last five weeks of lockouts.
You can support the AFFCO workers by donating – phone 0900 LOCKOUT and you’ll donate five dollars to the Meatworker’s lockout fund. Details for an online donation are: Kiwibank: account name: NZCTU DISPUTES FUND account number: 38 9007 0894028 08 Reference: AFFCO
What’s sad about this “debate” is how little recognition there is of the best interests of both parties and, thereby, “NZ Inc”. The history of meat processing in NZ in the last 30 – 40 years is a litany of losses for all as we adjusted to less profit in rough cuts of meat and steadily reducing stock levels in the face of reduced global demand.
Similarly to the Auckland waterfront, the quality and orientation of management has to be in serious question as, at the end of the day, profit and success can only occur if there is an ongoing good relationship between workers and management. Both “sides” have to face the realities of the industry but management has to set the scene in which adjustment for mutual benefit can take place. How can the Talley’s ever hope to create the kind of attitudes, flexible work practices etc they need from their workers if they treat them with disdain?
Flexibility needs skill development and the ability and commitment to be responsive to change – none will come from over use of casualisation and less than genuine efforts to engage and inform the workforce. If a Court is needed to determine whether “good faith” has been abused by either party, the battle may be won for a while but the war [the health of the industry or company] will continue to be lost.
And now Talleys has complained about the Meatworkers Union accounts to the SFO (as if they have nothing to do). Honestly, it’s not that hard, and Talley’s really shouldn’t be taking advice from right wing bloggers who think they can read accounts or know anything about unions. A quick study of the website shows that the Meatworkers National Union is a federated union made up of four branches, each of which sets its own union fee and agrees on a capitation to be paid to the National office, which in turn provides services to all branches on a national basis. The accounts of the branches of the national union are audited, but are not statutorily required to be published.
Surely, Talley’s would be better off working out how it is going to settle this lockout and get its workers back to work on a fair deal?
What does Talley’s care about how the MeatWorkers Union operates apart from attempted spin to muddy public perception? They could not do the workers and their representatives the courtesy or more than a day and a bit of CEA negotiation in a major industry.
It would be more informative to see how much Talley’s donate to the National Party and the various tory trusts and slush funds.
And guess what, it only took the SFO one day to throw out the complaint.
http://www.nzherald.co.nz/meat-industry/news/article.cfm?c_id=254&objectid=10798343
Shame on Affco – hopefully the last time they’ll be taking legal advice from the whale and ‘the owl’ (who from what i can gather is his law dropout/ema stooge-in-residency).
Everyone needs to understand, that all the workers have a choice, to either be on an IEA or be apart of the CEA. The decision should solely be that of the worker. The abuse that has been given to an IEA has been nothing short than disgusting. Threats are being made by union members to individual contract workers, who simply want the right to work and support their families also. What does it achieve threatening to stab someone, hurt their families, burn there homes, and smash their cars which they have paid for by earning hard earnt cash by working. The comments I have read are very one sided and not all facts have been shared at all. Workers do have the right to negoiate, however they do not have the right to say how a business is run. Your paid good money to do a job, just get on and do it. I think people should know all the true facts, especially after seeing the pathetic untruth’s exploited in the media by union members. Why doesn’t the media get the real truth about what really goes on by union members at work!! That would be great to hear the real Truth!
Sadly, its truth that Darien does not want to acknowledge nor discuss. In Dariens world all employers are evil, all (Union) employees are angels and undervalued, underpaid.
I have personally been told of the physical intimidation and threats that non-union contractors and, unbelievably, their families have to put up with on this Port by more than one person. Are they lying? Why would they, they earn more than the Union workers do, so whats in it for them?
“Why would they”
Indeed! Why would they?