Unite claims $2.5m “Stolen Wages, Stolen Breaks” against McDonald’s

Unite are submitting an employment authority case against McDonald’s today for unpaid breaks that the union estimates has resulted in unpaid wages of $2.5 million.

"We have wage and time records from two stores (one a McCopco store and one a franchisee) for the last four months that confirm a consistent pattern of not paying for lost lunch breaks – as they are required to do under the collective agreement," said Unite National Director Mike Treen.

"The company has done everything possible to stop us exposing their theft. They have refused to supply the wage and time records and are demanding we get every member to sign a new form authorising release of information to the union. But this stalling tactic won’t save them. We have been able to get enough information from members to prove our case despite the company’s refusal to supply the records officially.

"The law stipulates that workers who work a 4-6 hour shift must receive an unpaid 30 minute break. The collective agreement stipulates that if they miss the break they must be paid the 30 minutes. McDonald’s has simply ignored the law and the contract. They also ignore the requirement for proper scheduling of breaks with the worker’s agreement. members complain that when they do get a scheduled meal break it will be only an hour after they have started work.

"This case is a warning against weakening the breaks law which the government is planning to do. If a major company like McDonald’s can routinely ignore the law what have workers got at small companies.

"We have done a calculation for the two stores and we estimate the unpaid breaks for all staff to be $2700 for each store for the four months. Multiply that by 6 to cover the two-year collective agreement, and again by 160 to cover every store in the country – and the total owed is $2.5 million.

Unite members at McDonald’s have also voted 85% in favour of continuing action for a new collective agreement in what may be the first secret ballot under the new law.

"Our back pay claim and a proper breaks scheduling at McDonald’s will be part of our claims.

"We will be demanding every penny back one way or another," said Mr Treen.

We will be bringing the 6m high Rat out today at the 1pm outside the Greenlane store and head office for the first time in the campaign to highlight what we think of the company’s conduct.

“The Rat” is coming to McD’s Greenlane 1pm today

Support the Unite Union protest against "Stolen Breaks and Stolen Wages" outside McDonald’s Greenlane and the company head office.

For more information Phone Joe 029 445 5702

New Zealand’s workplace toll a cause for national shame

By Dave Armstrong, Dominion Post

OPINION: Though our workplace safety record is three times as bad as Britain’s and twice as bad as Australia’s, it hardly rates a mention.

The old Farmers building in Napier, where a construction worker died last week.

Kiwis were justifiably outraged last week when they heard a story about a "gold elite" passenger on an Air New Zealand flight refusing to give up her prime seat to a wheelchair-bound passenger.

I was almost as outraged as I had been a few weeks previously when I heard about a certain lowly ranked list MP allegedly threatening to get his boss, the prime minister, to fire a waiter if a drink wasn’t immediately served.

So why, when a far more serious incident occurred – a building contractor tragically killed in a workplace accident in Napier – was there so little media coverage or public outrage?

Though our workplace accident toll is alarmingly high by world standards, we seem to have become desensitised to it. As with our appalling suicide rate and too-high road toll, when an industrial fatality occurs we express sympathy and concern, but do little about it.

A report released earlier this year found New Zealand had an "appalling, unacceptable and unsustainable" record in workplace health and safety. The number of serious injuries and fatalities that occur in our workplaces is alarmingly high for a so-called developed nation.

If our unemployment rate was three times as high as Britain’s, which would work out at about 23 per cent, there would be justifiable national outrage and marches through the streets.

Yet though our workplace safety record is three times as bad as Britain’s and twice as bad as Australia’s, it hardly rates a mention. We’re desperate to keep up with the Aussies in sport, and our politicians dream of competing with their wages, yet we seem to happily let the Aussies – with their many deep mines, tough climate and plethora of poisonous animals – trump us in the workplace safety stakes.

Perhaps the reason basil growers like me get more outraged about the rising price of Israeli couscous or cuts to arts funding is that over half our industrial accidents happen in just five industries – manufacturing, construction, agriculture, forestry and fishing.

These are mainly blue- and brown-collar industries dominated by young blokes and usually located well away from CBD cafes. So is it a case of out of sight, out of mind?

Though the odd industry leader occasionally laments our appalling record, it is Council of Trade Unions president Helen Kelly who has almost single-handedly kept this issue in the public eye – especially the appalling safety record in the forestry industry.

Ironically, one of the reasons for increasing workplace accidents is probably the contracting out of work and the increased use of casual, non-unionised labour.

Unionised workers might be a pain in the butt for employers working on tight margins, but they tend to blow the whistle on unsafe practices long before anyone else.

Casual and low-paid workers are too worried about losing their job to make a fuss. If you don’t believe me take a trip to a clothes factory in Bangladesh. Is this one area where increased worker militancy will be welcomed by the public?

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So who should we blame for our alarming workplace safety record?

Perhaps one problem is that different groups are too eager to blame each other. The recently released report pointed to a number of factors, including lack of clear regulation, bad leadership and poor worker engagement.

The review of the Pike River tragedy showed that private companies sometimes fail to carry out their safety responsibilities, and our current bureaucracy-averse government lets them get away with it.

But it is also true that in some industries, especially those with a large number of gung-ho young males involved, workers sometimes fail to take the safety precautions that their employers have implemented.

Labour Minister Simon Bridges has a great opportunity to build a real consensus around workplace safety. We all want it to improve.

If he can get everyone to leave doctrine at the door – rather than their helmets and hi-vis vests – then maybe through co-operation, education and regulation we might emerge from Third World workplace safety to First.

Then, as our cricketers occasionally show, we will be able to compare ourselves favourably with Britain and Australia, instead of being lumped with minnows like Zimbabwe and Bangladesh.

Police Macca’s discounts to end in 2002, 2007, & 2013?

It seems that the problem of McDonald’s offering discounts for Police is long standing. The company was asked to stop it by police head office in 2002 and 2007 but seemed to have ultimately ignored the requests.

In 2002 two police officers forced an 18-year old McDonald’s worker to give them a discount when the company had been asked to stop the discounts. The worker had to pay the difference from his own wages.

The report went as follows:

Police officials have expressed concern that the ability of local police officers to buy burgers half-price from McDonald’s outlets could be seen as corrupt.

As part of a "police anti-corruption strategy", the force’s headquarters has now asked the US-based fastfood giant to stop offering large discounts to police officers. Spokeswoman Sarah Martin explained that the request was about preserving police integrity.

The move was made after the Police Complaints Authority received a complaint that two police officers refused to pay the full price at a McDonald’s in Nelson, causing the 18-year-old cashier to make up the difference out of his wages.

Many McDonald’s franchises are refusing to honour the request however, despite receiving a letter from the company’s headquarters advising that they sell the burgers to police officers at their full price.

Bryce Randell, managers of the McDonald’s at Wellington’s Manners Mall, told Stuff that his staff still give police the discount: "It’s just to attract police around this area, because we do get a few problems around Manners Mall, especially late at night."

http://www.just-food.com/news/mcdonalds-in-row-over-half-price-burgers-for-police_id71785.aspx

It seems that attempt failed to stop the practice because of resistance from franchisees and police officers.

Then again in 2007 police head office asked McDonald’s to stop offering discounts.

According to the February 11, 2007, NZ Herald “Internal police regulations clearly state that sworn police staff are not allowed to accept ‘a discount on any goods or services where that discount is offered because that person is a member of police’.”

The Herald continued:

The national manager of professional standards, Superintendent Stu Wildon, said he would be alerting all district commanders to the policy and demanding greater enforcement. He said he was unaware of the prevalence of fast food discounts for police, and feared the publicity would cause damage to the force’s reputation.

“The soliciting and receipt of gratuities and rewards certainly is perceived by some as corruption and that is one of the reasons we need to be pro-active in managing and investigating it," Wildon said.

He said it was important to note that officers are not negotiating the discounts but that they are offered to police by businesses. Police rules say officers are allowed to receive calendars, diaries and notebooks, pens, ties, cufflinks, hats, badges, paperweights and "other items of little intrinsic value”.

(See http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10423412)

Some people have questioned whether Unite should have challenged the Police discounts at McDonald’s during our recent dispute.

We raised the issue because of what appeared to us as a bias towards the company in the policing methods during pickets outside McDonald’s stores in Auckland. We thought it inappropriate for the company to offer discounts and for the police to accept them – especially in the middle of a dispute where police are being called by the company to "protect" their stores. Members had also complained because some franchisees offered less than the usual 50% and they would get hassled to increase the discount. We wrote to both the company and the police commissioner to ask for the discounts to be ended.

In the end the commissioner of police Peter Marshall said it was wrong for police to expect or demand discounts just because they are police officers.

His message was unambiguous as the following report makes clear:

Commissioner Peter Marshall was responding to publicity this week about officers receiving healthy discounts from the likes of McDonald’s and Subway when in uniform, saying police reputation was too important to be compromised by such perks.

Officers accepting discounted food could be subject to code of conduct investigations, he said.

Mr Marshall said police policy about gratuities should be well known and that police must not accept gifts for simply doing a good job.

"It is totally inappropriate for a police officer in uniform to consider receiving discounted food from any outlet," he said.

"In nearly 41 years of service I have never placed myself in that position, a position that cheapens the standing of New Zealand Police.

"If you are standing at a counter in uniform and you are heard and seen to get a discount – what sort of message does that give to the public?"

Retailers simply wanted to attract police to their premises and some would say it was their international policy to give discounts to emergency services personnel, he said.

"I don’t care. New Zealand Police officers should pay full price or walk away – it is as simple as that."

(See Top policeman nobbles McCop’s discount)

Given the failure to stop the practice in 2002 and 2007 it will be interesting to see if this commissioner can get the company to stop offering the discount and the cops to stop demanding them.

Unite has written to the company to seek a reassurance that the discount will end and our members won’t be put into any more difficult situations with different policies being followed by different franchisees. We have suggested that the money saved from giving 11000 police a 50% discount could be given to their own staff in the form of a free meal on shift – a right most other workers have in the industry.

Macca’s Queen St, May 1, 2013

Mike Treen
National Director
Unite Union
09 8452132 ext 20
029 5254744

GST’s effects

Question 24: How does GST affect different income groups?

GST – like all consumption taxes – is unequal in its impact. Because working people spend a higher proportion of their incomes they pay a higher percentage of their income on GST.

CTU economist Bull Rosenberg looked at this in recent CTU Economic Bulletin. He writes:

“Some more detail on how GST affects low and high income people: The graph below comes from research carried out for the Tax Working Group (“Changing the rate of GST: fiscal, efficiency and equity considerations”) It shows the proportion of both income and expenditure that is paid out in GST for each income group in the country.

“On the far left is the 10 percent of households (“decile”) with the lowest annual disposable incomes, corrected (“equivalised”) for the number of people in the household. “Disposable income” means income after income tax and credits such as Working for Families have been

“The two downward sloping lines show the percentage of income that is paid in GST. The higher one (in green) shows it for disposable income, the lower one (in blue) for gross income. For the lowest income households, it is as much as 14 percent of their income. How can it be more than the 12.5 percent GST rate? Because many low income households are spending more than their income – getting further into debt, living on gifts from relatives, or using up their savings. For the highest 10 percent of households, only 4 percent of their total income or 6 percent of their disposable income goes on GST. (See Graph 13)

Graph 13

“The third, much more gently sloping, line (in red) shows the percentage of expenditure that is paid in GST. It is still higher for lower income households, and even if it was perfectly level across the income range doesn’t reflect ability to pay. It is much more painful for a low income household to go without $10 than it is for a high income household.

“So beware of arguments that GST actually affects those on higher incomes more, or to the same extent, as those on low incomes because they pay more in dollar terms or because people at any level of income spend everything they earn over their lifetimes. That assumes wealthy people eventually consume all their income."

(Part of a series of extracts from “Exposing Right Wing Lies” by Mike Treen, Unite National Director)

My Budget would do the trick

By Matt McCarten, Sunday, May 19, 2013

Despite all the political and media posturing over Thursday’s Budget, nothing much really happened – again.

For 14 years, five under Bill English and nine with Sir Michael Cullen, our Budgets have made most of us yawn (even though we nod sagely).

Deep down I suspect you don’t believe our national Budget matters a great deal. And you’d be right. The system was fixed a generation ago.

Sir Roger Douglas and Ruth Richardson, when they were finance ministers, succeeded beyond their wildest dreams by abolishing the tools a government could use to control the economy. Strong-arm state socialism was replaced by the invisible hand of the free market. A new economic order was born.

It didn’t take long for job security and living wages to be sacrificed for massive profits to a new elite class.

Massive cuts to the taxes on wealth led to privatisation of public assets, the dismantling of the welfare state and the transfer of the costs of public education and public health to the individual user. Egalitarianism was replaced by a new rich and a new poor.

The result of these realities is that nowadays, any Budget debate isn’t about the big left- or right-wing visions and ideas. It’s descended to nuanced bickering about what table crumbs go to this chook or that.

It’s a bookeeper’s report. Even then, the figures spouted are baloney.

For example, Mighty River sale profits going to worthy Christchurch causes such as a new hospital. Would the hospital not have been built if the sale hadn’t gone through? Of course.

If we wanted a real left-wing Budget that would get everyone’s attention, what about these 10 game changers?

1. Abolish 15 per cent GST. Replace with 1 per cent financial transaction tax as recommended by the New Zealand Bankers Association. Same money.

2. Abolish PAYE on wages and salaries. Replace it with a wealth tax and a capital gains tax when shares, businesses, land and property are sold. People are taxed when they’re cashing up, not when they are making it.

3. 90 per cent Death Tax. You can’t take it with you. Grown-up kids should earn their own money anyway.

4. Rent-to-buy homes underwritten by the state. Limiting homes to two a family and having a capital gains tax will keep prices affordable.

5. State-created work schemes for all long-term jobless.

6. A living wage set at $20 an hour minimum. It would be a stimulus package.

7. No tax on profits kept in a business.

8. Free public transport in major cities. That would get people out of their cars.

9. Victims get 100 per cent state compensation for loss or injury. Offenders work it off if necessary.

10. Make KiwiSaver a state-owned fund and buy all the Government’s non-core commercial assets.

I reckon my alternative budget would be supported much more by New Zealanders than anything dished up in recent years.

While I’m on a roll, we may as well nationalise SkyCity casino. After all, it’s a monopoly cash cow.

We could rename it The People’s Stock Exchange.

Or am I getting ahead of myself?

- Herald on Sunday

MayDay Concert review – Palmerston North

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Dion reports on MayDay Concert 2013, held at the Regent on Broadway, Palmerston North, Saturday 4 May: The Kate Martin School of Dance from Levin, won the MayDay Cup in front of a 500 plus, enthusiatic and at times rowdy audience, enjoying the great diverse programme on offer. 16 young dancers performed three very topical and relevant contemporary dance pieces, called “Youth of Aotearoa” in one fluid dance. A powerful imagery in “Office Mob” as they walked over people on stage, and then demonstrated great timing moving into “Treaty”, followed by “Nga Iwi E”, while combining hip hop and haka. At various times they held placards protesting youth rates and state asset sales

Singer/songwriter, and New Zealand Art Laureate, Moana Maniapoto, rocked the Regent in the second half, with a wonderful intimate set of songs that paid tribute to those who fought and continue to fight for workers rights. Moana was joined by the electronic keyboard wizard, Paddy Free (from Pitch Black) and the ultra experienced funky guitarist, Cadzow Cossar. Their haunting, “Which Side Are You On” was a highlight, followed closely by “Rebel”, “Timor”, “Ancestors”, and a special performance of “Treaty”, along with a stunning encore. Their wealth of overseas touring experience showed out in their sharp professional performance

In between music and dance, were well thought out presentations about various campaigns, visually projected onto the giant backwall screen. James Sleep from “the Living Wage”; Green MP, Denise Roche outlining the reasons to campaign against the Governments new Employment Relations Amendment Bill; John Maynard from ‘Ohariu Peoples Power’ created great audience participation and much humour as they repeatedly joined in his chorus of “bullshit”, to the Sale of State Assetts and the TPPA

Palmerston North City Councillor, Chris Teo Sherrell showed 2 striking video clips of the pollution of the Manawatu River, linking it to the same corporate uncaring attitude that impacts on workers, as he led into the introduction to the “Manawatu River Song” sung by the Brazen Hussies, accompanied by 12 year old Rosa Hehir on guitar. Rosa had been at the songwriters workshop that put together that song the day after MayDay Concert last year

Wellington band ‘Spanner in the Works’ demonstrated why they have to record their songs onto a CD for all to enjoy, as they punched out their jazzed up Ross Teppet led arrangements of “Power in a Union” and “Solidarity Forever” along with Peter Conway (on vocals and mandolin) with his stirringly original “Remember Waihi”. Those 2 were ably assisted by Bill Newson on lead guitar, Sue Windsor on keyboards and Lisa Beech on violin

The 6 piece rock band, ‘The Crew’ were a crowd favourite as they played up to their banner waving supporters. All are proud young and vibrant members of the RMTU and they showed great variations from originals to adapting cover versions

The Cailin Traditional Irish School of Dance, with colourful outfits, high stepped into a strong and speedy hard shoe “Hillsborough Reel”, depicting why Irish dancers hold their hands at their side, as a defiance in the midst of oppression

John Maynard launched the show with a powerful trumpet version of the famous worker and socialist anthem, “The Internationale”. Later on Chris Green, an economics teacher, who had last performed on the Regent stage in 2007 in the lead role of Jean Viljean in Les Miserables, showed his powerful voice with first an original he wrote, “Trickle Down”, followed by a booming polished version of “He aint Heavy”. He performed with 3 backing musicians under his bands name, ‘Shades of Green’

NZ music month was very much front and centre as Luc from France (on vocals and guitar) performed the Dave Dobbyn tune of James K Baxters poem, “Song of the Years”, to Tessa and Kate’s evocative Contemporary dance Choreography

The Brazen Hussies launched their first ever CD after 23 years (19 in a row at MayDay Concert) with lovely harmonies in “We Were There” that depicted the struggles of women down throughout the ages. They dedicated “Bella Ciao” to the Cuban 5 incarcerated in a US prison and ended their set with a strong audience response to “Join a Union”, to the tune of the Village People’s “YMCA”

The 5 judges for the MayDay Cup included the ‘Charge d’affairs’ from the Cuban Embassy, Manuel Sanchez, who loaned out the Cuban flag for the evening as it flew from the top of the stage. He brought out the international solidarity flavour to the night. The convenor of judges, Peter Conway, spoke to the audience at the end of the night about each of the performances and truly honoured each of them. The foyer at the interval was like a fleamarket as political parties, the ‘Pathfinder’ bookstall and other union and community organisations showed what they had to offer. Not a bad night out for union members, their families and communities for $5 per ticket

Dion Martin 021 776 029