Maritime Union of New Zealand

Maritime Union of New Zealand National President Garry Parsloe says a major stumbling block in the current industrial dispute at Ports of Auckland is the contracting out of work covered in a signed collective employment agreement between the parties.

He says the Union is prepared to lift its strike notice in the new year, but needed an indication of good faith from management.

“We can work with the company to sort out a timeline on outstanding issues, but we need to see that the company is not just pursuing an exercise to casualize the entire workforce, which they have been threatening.”

Mr Parsloe says if Ports of Auckland management want to make a genuine show of good faith, they could make progress by ensuring the existing shuttles that move containers within the port are manned 24/7 by skilled workers trained to operate them.

In the event of undercapacity, Mr Parsloe says the Union is prepared to negotiate in good faith to resolve any issues within an agreed time frame.

Industrial action could be lifted as long as management negotiated outstanding issues in good faith.

“During the term of the previous agreement, Ports of Auckland management contracted out the shuttle work to a company called Conlinxx, which they are the main owners of.”

He says the ownership structure of the Conlinxx service showed the contracting out exercise was clearly aimed at undermining terms and conditions within the signed collective agreement between the parties.

The Maritime Union tried to resolve this issue with past and present management during the term of the agreement, but the contracting out had led to a dispute over the protection of workers livelihoods and their families futures

Mr Parsloe says many New Zealand workers had experienced the bad results of contracting out and casualization, which had decimated wages and conditions and made working life harder for many people in this country.

“Casualization and contracting out isn’t about productivity in our view, it is about taking advantage of workers by driving down their wages and conditions.”

The Maritime Union says the dispute at Ports of Auckland is about workers maintaining a family life outside work.

Maritime Union National President Garry Parsloe says members will be meeting tomorrow at a special meeting that will also bring together family members.

Maritime Union members at the Ports of Auckland are taking industrial action on 23 December and Christmas Day, 25 December.

He says there are several key issues that have consistently been misrepresented by Ports of Auckland CEO Tony Gibson in his attacks on his workforce, including the fact that workers had turned down pay increases.

“The dispute is not about money. It is about ensuring secure jobs, decent hours and conditions for workers.”

“The idea that maintaining a family life is somehow up for sale is repugnant. This sinister idea that you can just wave around some cash in people’s faces and tell them to give up more time with their family when they already work long and unsocial hours.”

Mr Parsloe says proposed “flexibility” means that workers will be on call for round the clock shift work and lose any semblance of job security through outsourcing and casualization in the future.

“How can you have any balance here between working life and family commitments?”

He says that the pressure put on families was already severe.

Mr Parsloe says it should be noted that Maritime Union members at Ports of Auckland, and in other areas of the maritime industry, work on public holidays.

“Our members work in 24/7 industry where unsocial hours, long shifts and hard work in an unforgiving heavy industrial environment are the norm. Add to this the issue of two income families with both parents in the same situation and it is really a shameful reflection on the dark ages attitudes and values of corporate managers.”

Mr Parsloe says it should be noted the upcoming industrial action was taking place during a time of year the majority of New Zealand managers and workers were on holiday with their families.

“Our members already work over this period, yet the employer always wants more.”

Mr Parsloe says this brought another issue to light, that Ports of Auckland CEO Tony Gibson had repeatedly put around information about wages and hours of work that were inaccurate and had caused a massive backlash amongst his own workforce who saw it as an indication their employer did not value their productivity.

“The simple fact that any Ports of Auckland worker earning the amounts stated by Mr Gibson would have to be doing hundreds of hours of overtime a year, over long shifts, round the clock, public holidays and weekends, in highly skilled and responsible roles.”

“Our members see Mr Gibson throwing around these inaccurate figures in public, yet he has refused to release his own salary and perks, alongside that of his senior managers, to the public. This arrogance has unsurprisingly resulted in a breakdown of the relationship with his own workforce.”

Mr Parsloe says it should be remembered that Ports of Auckland workers had a high level of responsibility operating heavy machinery in what was still one of the more dangerous industries.

Maritime Union of New Zealand National President Garry Parsloe says management have failed to successfully negotiate with their employees and had no one to blame but themselves for the situation at the Port.

“After a week of inflammatory claims and public attacks on the integrity of his employees, Ports of Auckland Limited CEO Tony Gibson can boast of one accomplishment only – alienating his workforce.”

He says that port workers being locked out by POAL management would be losing pay, but Local 13 MUNZ members understood the long term importance of maintaining terms and conditions at the Port.

The three-year Collective Agreement between the Maritime Union of New Zealand Local 13 and the Ports of Auckland Limited (POAL) expired on 30 September 2011.

Mr Parsloe says there are several substantial issues around terms and conditions which are behind the dispute, which had been concealed by Ports of Auckland management.

“If management were serious about solving the dispute, they’d be addressing the issues instead of grandstanding in the media.”

One major point of contention was ongoing attempts by management to contract out the jobs of port workers, he says.

During the second year of the agreement (2010), the Port Company attempted to contract out ITF affiliated Dockers employment in the lash, straddle driving and container crane operations.

In August and September of 2010 the Port Company issued redundancy notices to MUNZ members working in the shuttle operation. Shuttles are trailer units that move containers between Fergusson and Bledisloe container terminals. It should be noted that the shuttle operation is carried out within the confines of the port area, wharf to wharf.

POAL contracted out the shuttle operation to a Company called Conlinxx which is a subsidiary joint venture between the POAL and NZL of which the Port Company owns 90% of the shares. Port Company employees also act as directors on the Conlinxx Board of Directors.

The Conlinxx operation is predominately a non-union operation which includes a high proportion of owner drivers.

The Port Company sold three of its trailer units and following an interim agreement with the Union the remaining two units were to be worked by MUNZ members. What unfolded was at best, a spasmodic operation of Union driven trailer units on a Monday to Friday basis of 1st shift only.

In talks to renew the Collective Agreement the Port Company has definitively stated that the contracted shuttle operation will remain despite the Union claim for this worked to be returned to union members.

As the Collective Agreement had expired the Union was in a position to take industrial action to support its claim for the return of the shuttle work.

At a stopwork meeting, rank and file membership unanimously instructed the Local 13 Officials to issue the Port Company with a two day strike notice to support their claim.

The Port Company responded by issuing a Lockout notice for two days in retaliation.

The second main area of the dispute was bad faith by the management who were offering higher hourly rates to workers on Individual Employment Agreements.

Management has justified its actions for a higher hourly rate by saying the rate in the Individual Agreements is a ‘Total Remuneration Package’ that effectively cashes up superannuation, meal monies and health insurance.

These conditions are conditions that have been won by the Union in previous struggles.

Local 13 is challenging the company on Good Faith bargaining, as the offer of a higher hourly rate undermines the Collective Agreement and the bargaining process.

“In recent weeks the Port Company has made much to do about their Company values, so the Union fails to see how an employer who offers a monetary incentive to leave the Union at the expense of a retirement plan can masquerade as a caring employer.”

The cashing up of superannuation entitlements along with other conditions is a sinister attempt to influence workers and establish vulnerable dependent employees in the workplace, says Mr Parsloe.

Mr Parsloe says the efforts were a transparent attempt to deunionize the workforce, with the intention of eventually tearing down hard won terms and conditions of employment.

He says at the end of the day the majority of workers in the Ports of Auckland chose to be members of the Maritime Union.

“Every time Mr Gibson opens his mouth and abuses the Union, he is abusing his workforce, the same workforce that delivered high
productivity in a round the clock industrial environment at the Ports of Auckland.”

“This CEO claims to respect his workforce but has spent the last week attacking their integrity in the news media.”

“He says he is concerned about the effect of stoppages on customers before Christmas, then proceeds to lock out the workforce for two days.”

“He says he wants a resolution but continues to engage in bad faith actions.”

In short, what the Union wants is simply to maintain hard won terms and conditions, and a unionized workforce.

The agenda of the POAL management continues to be one of radical undermining of terms and conditions through clearly anti-union measures such as contracting out and offering preferential treatment to some employees.

The Ports of Auckland management lock out of workers commences 12.01am Saturday 3 December and concludes 10.30 pm on Sunday 4 December 2011.

The first strike period is from 10.30 pm on Thursday 1 December 2011 until 10.30 pm on Friday 2 December 2011, then from 10.30 pm on Sunday 4 December 2011 until 10.30 pm on Monday 5 December 2011.

The second strike is for the period commencing 10.30 pm on Thursday 8 December 2011 until 10.30 pm Saturday 10 December 2011.

Ports of Auckland’s second lockout is for the 48 hours immediately following and will extend the stoppage until 10.30 pm Monday 12 December 2011.

The Maritime Union of New Zealand is backing calls to tighten up industry regulations to protect truck drivers and the travelling public.

Maritime Union General Secretary Joe Fleetwood says a report in the Sunday Star Times yesterday graphically outlined the dangers of over-worked owner-drivers pushed to the limits in an aggressive and competitive market.

“This is the reality of a individualized industry where drivers do not have the protections of union membership and are being exploited in a hyper-competitive environment by the big companies they contract to.”

Mr Fleetwood says that in the process the lives and safety not just of truck drivers, but of New Zealanders and their families on the road, are put at risk of serious injury and death.

Long hours, fast speeds and deferral of expensive maintenance on vehicles were all factors causing problems.

He says the Government push for more heavy trucks on the road, when combined with a deregulated industry, was a recipe for carnage on New Zealand roads.

Mr Fleetwood says the whole owner-driver model needed to be examined, as most owner-drivers were simply workers who had been pushed into a dependent contractor model.

Pay rates, hours of work and industry regulation all needed to be on the table for discussion, he said.

He says the Maritime Union would continue to push for a balanced transport strategy that saw the bulk of heavy and long distance cargo transported on coastal shipping and rail, rather than creating congestion and hazards through heavy trucking.

“The current Government’s obsession with heavy trucking is backward, socially irresponsible and environmentally harmful, and we need a new direction for New Zealand transport.”

The Maritime Union would be working with Labour’s Transport Safety spokesperson Darien Fenton on the issue.

The Maritime Union of New Zealand has gained international and national support for its stand against management plans to outsource labour at the Ports of Auckland.

Maritime Union Auckland Branch Local 13 President Garry Parsloe says outsourcing and contracting out are regarded by maritime workers around the world as a tool for attacking wages, conditions and job security.

“That is why maritime workers at the Ports of Auckland now have global commitments of solidarity and support for our battle against outsourcing.”

He says last week’s meeting of the International Transport Workers’ Federation in Berlin, Germany, offered its backing to the Maritime Union of New Zealand and its members at Ports of Auckland and passed a resolution of support.

“This is basically the top level of organized labour representing global maritime workers who have lined up behind us, as they are not prepared to allow outsourcing and contracting out be used against workers in a major port such as Auckland.”

The ITF meeting was attended by Mr Parsloe and Maritime Union of New Zealand General Secretary Joe Fleetwood, along with global representatives of dock workers and seafarers including the Maritime Union of Australia and the International Longshore and Warehouse Union (North America).

Mr Parsloe is convener of the New Zealand ITF affiliated unions who have also announced their support for the Maritime Union. These unions include MUNZ, the Rail and Maritime Transport Union (RMTU), EPMU, National Distribution Union, New Zealand Merchant Service Guild and Aviation and Marine Engineers Association.

In addition the ITF Offshore Taskforce Group representing global offshore oil and gas workers has offered their support.

“The Maritime Union has also secured the backing of the international Mining and Maritime Unions which met last month in the United States of America.”

Mr Parsloe says the national affiliates of the New Zealand Council of Trade Unions have pledged their support to the Maritime Union, meaning that the Maritime Union had massive international and nationwide backing.

He says in short the Ports of Auckland management must reconsider their position on outsourcing if they are to avoid major repercussions.

Mr Parsloe says that the current Collective Agreement between Ports of Auckland management and the Maritime Union already has provisions for labour flexibility to meet the peaks and troughs of shipping.

The ITF comprises 751 unions representing over 4,600,000 transport workers in 154 countries.

A meeting of around 150 Auckland maritime workers held today had a simple message for Ports of Auckland management about plans to outsource labour to outside contractors: “not this century.”
Maritime Union of New Zealand Auckland Local 13 Garry Parsloe says the high turnout at the stopwork meeting reflected the major concerns of workers about contracting out in the port.
Workers were not prepared to see casualization and contracting out used to undermine wages and conditions, he says.
Mr Parsloe says workers felt management had pre-planned the contracting out approach prior to the signing of the Collective Employment Agreement (CEA) in 2009, and their recent comments indicated would hide behind legalities to force the issue.
“Obviously there would have been no agreement if there had been any indication the company were going to go down this path.”
He says any future negotiations will be extremely difficult for the company if they pursued a contracting out strategy.
“Ports of Auckland management seem to have the unhappy knack of finally getting a workable document, finally starting to rebuild a workable relationship, and then kicking the whole thing over and stirring up problems for themselves and the workforce.”
Mr Parsloe says that the current CEA between the Ports of Auckland and the Maritime Union of New Zealand is a flexible document that allows the company to meet the “Peaks and Troughs” of shipping.
He says the reason why the port is not operating at full capacity is because the Company not made proper use of three shift a week guaranteed stevedores, known as Axis Ancillary Employees in the CEA.
“The shortfall in trained stevedores is creating large delays in cargo exchanges and it is now a common sight to see trucks backed up waiting for boxes in the port.”
“Outsourcing has little to do with efficiency and everything to do with casualizing the workforce.”
Mr Parsloe says the financial return to Auckland ratepayers from the Ports of Auckland had been substantial over the past five years, due to the efforts of the workforce at the Ports of Auckland.
He says that “parochial and destructive” competition between ports had resulted in shipping companies being charged unrealistically low rates, and management were now trying to “bleed workers” to make up the shortfall.
“Maritime workers are not going to have their wages and conditions attacked to prop up the profits of global shipping companies.”