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Maritime Union National President Garry Parsloe says the strike notice is a legal requirement and can be withdrawn as soon as any progress is made with Ports of Auckland CEO Tony Gibson.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

The Maritime Union of New Zealand says Ports of Auckland CEO Tony Gibson’s approach to the current industrial dispute is having a “catastrophic effect” on negotiations to resolve the industrial dispute at the Port.

Maritime Union National President Garry Parsloe says port workers he had spoken to had been upset and disturbed at the continuous stream of letters from the CEO that were appearing in their letterboxes.

“This CEO has the gall to tell the media that his comments aren’t intimidating workers because ‘they are part of us’. Has he asked them?”

Mr Parsloe says the reason workers were concerned was their CEO was sending out letters two weeks before Christmas, that tell his workforce he is thinking about outsourcing all their jobs and putting them out of work.

“I’m not sure how that qualifies for a caring and sharing approach. Is this negotiation or stand over tactics?”

Mr Parsloe says if Mr Gibson wanted to communicate with workers there were plenty of noticeboards around the port to place material.

“Our members have the right to go home to their families after the long hours and 24/7 shifts they put in without being under attack from letters threatening their livelihoods. It’s an invasion of privacy and it is creating stress on families.”

“There is nothing illegal about what Mr Gibson is doing. However it is unethical and not incidentally it is on the verge of creating a complete breakdown in his relationship with most of his employees.”

“No one is sending Tony Gibson letters at home saying his job might be gone on a whim. Maybe his employers should be sending him a letter like that and see how he likes it.”

Mr Parsloe says the pressure tactics are having the opposite effect to what Mr Gibson intended.

He says the workers want to negotiate collectively, through their advocates.

Mr Parsloe says the Maritime Union members, who make up the majority of the Ports of Auckland workforce, are completely up to date with negotiations because they attend regular meetings with their elected negotiators.

“I will say that we speak to Ports of Auckland workers quite a bit more than Mr Gibson does. He just sends them letters telling them he is thinking about throwing them out of work.”

“This is the problem with this CEO, you can’t talk to someone who won’t listen. This is an individual with no social intelligence.”

Mr Parsloe says the way the CEO was approaching the negotiations made workers believe there was an agenda to deunionize, casualize and outsource.

He says that Mr Gibson’s attempted manipulation of the loss of a Maersk service to Auckland for political ends had undermined the Ports credibility, with even an editorial in the New Zealand Herald politely rubbishing his claims.

“Maersk, the world’s biggest shipping line, has been only too happy to play this country’s ports off against each other. It was at it again this week, shifting one of its biggest container services from Auckland to Tauranga.

On the way through, it took a shot at trade unions, saying strike action at Auckland had played a part in its decision. That seems improbable. Maersk’s switch, which takes effect tomorrow, would have been the result of months of analysis, not the upshot of a few days’ industrial action. Nonetheless, the shipper’s decision has again highlighted its influence, not least in the way this can run counter to the national interest.”

(Editorial, Friday 9 December 2011, New Zealand Herald)

Ports of Auckland Limited CEO Tony Gibson is a former managing director of Maersk New Zealand.

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.

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.