Maritime Union of New Zealand

The Maritime Union has put in a further 48-hour strike notice at Ports of Auckland from 7am on Friday 30 December until 7 am Sunday 1 January 2012.

Maritime Union National President Garry Parsloe says the strike notice is a legal requirement and can be withdrawn as soon as any progress is made with Ports of Auckland CEO Tony Gibson.

“The answer is in Mr Gibson’s hands. He can stop trying to attack the union and the majority of his own workforce and start dealing with the real issues. It’s simply a case of trying to get him back on track.”

Mr Parsloe says the issue is not and has never been about wage increases.

What the Maritime Union and its members are concerned about is protecting the conditions of employment, secure jobs, and ensuring a strong collective agreement, he says.

“The position of the CEO has no credibility. First of all he tries to offer non union workers a much greater wage increase than members of the union in a blatant attempt to undermine the collective agreement. Then he waves money around when this inconvenient fact is pointed out to him. But it has nothing to do with the real issues at hand.”

Mr Gibson’s statements about flexibility while simultaneously claiming that he intended respecting employees’ preferences about when they work were hollow, says Mr Parsloe.

“You don’t respect something by undermining it. The flexibility Mr Gibson describes means workers give up their family time, personal life and normal existence to be called into work whenever the employer wants. That’s the flexibility he means, in a nutshell.”

Mr Parsloe says Mr Gibson seems to think family time or regular hours and secure jobs are “restrictive and old fashioned”.

“It is this attitude of regarding the wellbeing of his employees as an impediment to raking in even more profit that is causing so many problems in these negotiations.”

Mr Parsloe says the POAL agenda is also reflected in continued letters from Mr Gibson to members homes that have created stress and concern for family members by threatening contracting out of work at the port.

He says there is an agenda of outsourcing and casualization behind Ports of Auckland management’s approach and that until Mr Gibson starts to negotiate on a more sensible basis, the strike notices will remain in place.

“If port users are concerned about the effect of these stoppages, we suggest they consider the result of some of Mr Gibson’s more hare-brained concepts that he is throwing around, such as complete contracting out.”

Union members who work at Ports of Auckland have been bombarded with intimidating letters from their CEO, including one that outlines a proposal to contract out all waterfront work at the Port.

Maritime Union National President Garry Parsloe says last week workers received three separate letters from Ports of Auckland CEO Tony Gibson.

One of the letters stated:

“POAL also intends to review the desirability of contracting out some or all of its container terminal operations and support services to third party contractors. Again, this could result in redundancies from the container terminal workforce.”

Mr Parsloe says the letters were calculated to intimidate workers a couple of weeks before Christmas.

“You can imagine the effect on a young family struggling to pay a mortgage when their employer says that he is considering total outsourcing of their families main income earner’s job.”

He says there can be no other intent behind a letter sent to workers apart from intimidation.

“Behind all the corporate gloss about caring for their employees, the mask is beginning to fall away and revealing the ruthlessness and the dictatorial attitude.”

Mr Parsloe says Ports of Auckland have specifically asked that management negotiate with their elected union advocates for collective bargaining purposes.

“Mr Gibson chooses to ignore the wishes of his workers and instead takes an approach that will continue to block any resolution of the dispute.”

Mr Parsloe says the actions of the Ports of Auckland management had managed to wreck any chances of any early settlement to the dispute, as workers had naturally reacted to what they perceived as a direct threat to their livelihoods from a hostile CEO.

He says the Maritime Union was suggesting users of the Ports of Auckland contact Mr Gibson to urge him to take a more constructive approach to workplace relations.

The approach of the Ports of Auckland CEO Tony Gibson to the current industrial dispute is blocking any hopes of an early resolution.

Maritime Union National President Garry Parsloe says the Union believed progress had been made on the central issues, but an “attitude problem” by management was getting in the way.

Mr Parsloe says the credibility of Ports of Auckland management is in tatters after CEO Tony Gibson asserted last week that the current industrial dispute had caused a Maersk shipping service being pulled from Ports of Auckland.

“A basic examination of the facts has shown this claim to be nonsense, as the New Zealand media have reported and commented on in some detail.”

Mr Parsloe says due to the inaccurate representation of this situation by Ports of Auckland, questions are now being asked about the wider agenda and judgement of Ports of Auckland management.

“Then Mr Gibson keeps on going on about how much the stoppage is costing. But he was the one who ordered a two day lockout timed to cause maximum disruption to his own port. You have to wonder where he is coming from with this kind of stuff.”

Mr Parsloe says the union was focussed on mediation, but the CEO seemed to be expending all his energies trying to justify himself in the media by attacking his workforce.

He says the port company was insisting on constantly contacting members with error filled information.

“The CEO is legally allowed to contact our members. However the practical effect has been to aggravate our members who are clear they want to negotiate with management through their elected advocates in the Union.”

He says that Mr Gibson had to accept that the situation required negotiation, and negotiation required a relationship.

“If you keep on blowing things out of the water then it’s hard to talk. We’re not sure if it is a CEO ego issue or some wider anti-union ideology that is the problem.”

Mr Parsloe says giant steps were made at mediation on Friday.

“However, we came up against a brick wall when we asked he respect our members wishes that he negotiate with their elected advocates, rather than bothering them at home with constant misinformation.”

“We have to ask why such a simple concept is not getting through. It is simply about respecting workers wishes. What is the hard part here?”

The sole result of the management’s approach has been to drive the parties further apart.

“We’re not sure who exactly Mr Gibson thinks this is benefiting.”

Mr Parsloe says Ports of Auckland CEO Tony Gibson needs to start listening to what his workforce is telling him, and if he did so, progress would be made.

Ports of Auckland workers were picketing the port this morning and raising awareness of what the real issues at the port were, and had been joined by MPs, other unions, community representatives and members of the public.

He says workers would be meeting at 10am to discuss the way forward.

The Maritime Union says comments by Ports of Auckland CEO Tony Gibson about Maersk shipping pulling their Auckland service are mistaken and confused.

Maritime Union National President Garry Parsloe says the assertion that the move by Maersk was simply a result of industrial action was clearly inaccurate.

He says that shipping companies pulled out of New Zealand ports and swapped into others on a regular basis, for all sorts of reasons.

“Our advice to Mr Gibson is to stop playing to the gallery and start talking to his workforce.”

Mr Parsloe says management pulled out of mediation today at the last moment.

“We were all set to go along and get the talks underway and then at the last minute the company decide they are not coming.”

He says it is strange behaviour for POAL management to say how terrible the situation is for their customers, and then lock out their workforce and fail to show up at negotiations.

“Since the port company have locked its employees out for four days, perhaps the question should be asked what effect has this decision by management had on shipping and customers?”

“We really need to be asking what is the agenda here. Is this a company that wants a resolution? Or is this an agenda to attack workers?”

Mr Parsloe says media comments from big business executives and Port of Tauranga CEO Mark Cairns were transparent and derisory.

“The reality is these gentlemen would prefer it if workers were paid nothing. That would ensure more profits for them, which is all they care about and is all they have ever cared about.”

The issue was that workers at Ports of Auckland were not going to accept contracting out or the undermining of their collective benefits they had negotiated.

“The CEO keeps going on about side issues in an attempt to deflect attention away from this.”

“We are not going to see the years of work we have put into building a decent superannuation scheme and health scheme for working people be undermined.”

Cashing up those benefits for a tiny minority of workers on individual agreements is simply promoting freeloading and in the long term is clearly aimed at knocking out conditions first, then attacking wages later, says Mr Parsloe.

“Mr Gibson is talking like this is the first time a multinational shipping company has pulled out of a New Zealand port and it is all due to workers.”

But this claim was undermined by the fact that Maersk had publicly stated there were many reasons for the decision, and the global shipping multinational had been in discussions with the other port for some time.

“The interesting thing is everyone just goes along with all the economic damage that does, which will be a lot larger than the stoppage at Auckland. So let’s have a consistent approach to discussing economic problems, because if we want to start down that track, why don’t we put the acid on the shipping companies.”

Mr Parsloe says it is time questions were asked when Port Company CEOs, road transport executives and big business advocates were all singing the same song.

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 is backing locked out meat workers at the CMP plant in Marton with financial support and a solidarity delegation.

Maritime Union of New Zealand General Secretary Joe Fleetwood, speaking from the picket line today, says the Union is committed to ongoing support.

“This is a multinational bully using its power to rip out conditions from hard working New Zealanders in a small community. It’s unacceptable and they are not going to get away with it.”

Mr Fleetwood says he was impressed with the morale and strength of the locked out workers, and the number of other unions represented on the picket line in support.

“First thing this morning we had 15 maritime workers from Wellington come up to join the picket.”

Mr Fleetwood says the Maritime Union has made a substantial donation to the locked out workers.

“This is about providing food and paying the bills for these working families. These workers have put themselves on the line and we are not going to let them down.”

“We know that with an anti-worker National Government this is what happens. The producers of wealth, the backbone of our nation, are up against it from global multinationals who want to suck money out of our country for their global owners.

Mr Fleetwood says the dispute had gone international and the Maritime Union was updating other maritime and transport unions in its global network on the dispute.

CMP, a subsidiary of global multinational ANZCO Foods, has locked out 111 workers at its plant in Marton, in order to force them to sign off on pay cuts of between 20 – 30% and unacceptable changes to terms and conditions.

Donations can be made to the workers disputes fund at Kiwibank:

Account Name Disputes Fund

Account Number 38-9007-0894028-08