Why bother joining a union?

Workers protest over how Carl’s Jr sale was handled by company

By Mike Treen, Unite Union National Director

This past couple of weeks Unite has had a number of graphic examples on why it can make a huge difference in you work life whether you are a union member or not.

100 cleaners jobs at SkyCity were saved when an employment authority decision stopped the company from contracting out their work. The collective agreement that Unite has with SkyCity says that the company will treat workers with decency and respect. Too often claims or promises to treat workers well are simply empty words designed to remain on paper. This time a company has been forced to comply with its promises.

Hotel cleaning staff at a major hotel have received thousands of dollars in back pay after they were discovered paying thir staff by the room and not meeting their legal obligations under the minimum wage act.

The owner of seven Carl’s Jr stores in Auckland sold them to Restaurant Brands without a thought about what would happen to the workers. After the intervention of Unite we got three weeks pay in lieu of a full four week’s notice as required in our collective agreement. In addition, after a three way discussion between the union, the new owner and the old owner of the stores all of the migrant workers with visas specific to the old owner will be able to continue to be employed. We still have some back pay issues to settle through a separate process with the old owner but everyone has a job and their service will be recognised by Restaurant Brands.

The cleaning manager at a major hotel in Auckland announced that because of the law change she didn’t have to provide breaks for staff until the end of the shift. We have individual members at the hotel and no collective agreement as yet but with a judicious bit of media attention the hotel management got the message and apologised to all staff for the “misunderstanding”.

Casual work putting pressure on families

By Thomas Heaton

(Reprinted from the Manawatu Standard)

A job market with more casual labour and an increasing number of zero-hour contracts is leaving Manawatu families wanting.

Palmerston North’s Methodist Social Services food bank co-ordinator Stacey Rohloff said there were a number of people using the food bank to make up the difference.

More zero-hour contracts added to the problem, as it meant workers did not have guaranteed hours of work.

"They never have a budget that’s secure," she said.

Massey University research has found almost two-thirds of work was casual, part-time or contracted.

Methodist Social Services found "the worst thing" was the increasing number of zero-hour contracts.

In Work Tax Credits are designed to go to those who are not on government benefits and who work a certain amount of hours each week.

To qualify for the tax credit a single parent with a dependant child, under 18, must work a minimum of 20 hours per week, while a couple must work 30.

Their hours were also insecure, so could fall short of the 20 or 30-hour threshold, Rohloff said.

There is an option that allows families to obtain the tax credit at the end of the financial year, in a lump sum.

"It sounds great, but generally they [families] have struggled the whole year."

Receiving the tax throughout the year was also possible, but anyone overpaid at the end of the year would have to pay it back.

The money from the lump sum would go to paying off debts accrued throughout the year, Rohloff said.

It was hard for some parents, who thought they could not do without it, because they still had to feed their children, she said.

Rohloff said she believed the In Work Tax Credit was a "bit of a sham".

The Child Poverty Action Group (CPAG) also expressed dissatisfaction with the tax credit system in light of the current employment market, as workers were missing out due to "red tape".

Although parents were missing out on the extra money, it was their children who were being affected.

CPAG economics spokeswoman Susan St John said that the "discriminatory and inflexible" family assistance package failed to protect children in a casual work environment, where parents’ work hours were uncertain.

"The unrealistic, rigid hours-worked requirements must go as a first step in badly-needed reforms to reduce child poverty."

A spokeswoman for Minister of Revenue Todd McClay said the tax benefit was always designed to "ensure people in work were better off than being on welfare".

"On the wider issue of child poverty, the Government’s absolutely committed to improving living standards for all children, particularly our most vulnerable," she said.

"Cabinet is working on a range of options right now and they will form part of next year’s Budget."

McDonald’s Korea sacks union member for fast food activism

McDonald’s Korea union member dismissed for fast food activism Gahyun Lee was dismissed from her job at a McDonald’s outlet in Yeokgok, Gyeonggi Province on September 15 following her visit to Los Angeles earlier that month to support the national action by US fast food workers. Management had previously warned her about union activity in May – citing a phone call from the head office – after she denounced wage and scheduling manipulation and unsafe workplace practices at a May 15 Seoul rally in support of global fast food workers. Management refused to provide her with an explanation of why her contract was terminated, instead telling her to reapply for the job. Her application was rejected. The Arbeit Workers’ Union (which organizes precarious workers) is demanding her reinstatement and publicizing her case. You can support them – CLICK HERE TO SEND A MESSAGE to McDonald’s Korea corporate management calling on the company to reinstate Gahyun Lee, recognize union rights and representation and enter into good faith talks with the union over unfair practices. E-mail: iuf Rampe du Pont-Rouge, 8, CH-1213, Petit-Lancy (Switzerland) www.iuf.org Follow us on Facebook and Twitter Subscribe to IUF NEWS by e-mail unsubscribe from this list update subscription preferences View it in your browser

Labor Leaders Speak on Ferguson Ruling

Portside Labor Labor Leaders Speak on Ferguson Ruling November 25, 2014 Labor unions issue statements on Ferguson. , , Trumka on Ferguson: We Cannot Deny the Perception That the System Is Not Yet Color Blind Statement from SEIU Ferguson Affects Us All: Statement of the UE General Executive Board Trumka on Ferguson: We Cannot Deny the Perception That the System Is Not Yet Color Blind AFL-CIO President Richard Trumka issued the following statement in reaction to the Grand Jury decision in the shooting case of Michael Brown: The reactions to today’s grand jury decision in the case of the shooting of unarmed teenager Mike Brown reflect a deeper feeling that our justice system is biased against communities of color. While we can all agree that justice must take its course, we cannot deny or marginalize the perception that the system, itself, is not yet color blind. As a labor movement, we have begun working with local community organizations to address issues of racial and economic inequality that surround Ferguson and so many other neighborhoods like it. We will continue that work. We are dedicated to supporting organizing efforts that reinforce unity, healing, and fairness in policing while working to heal the rift between the Ferguson community and law enforcement officials. Today a grand jury refused to indict the man who killed Michael Brown. We are deeply disappointed in the grand jury’s decision today. It deepens the wounds to the Ferguson community.

The Ebola crisis, capitalism and the Cuban medical revolution

“Ebola emerged nearly 40 years ago. Why are clinicians still empty-handed, with no vaccines and no cure? Because Ebola has been, historically, geographically confined to poor African nations. The R&D incentive is virtually non-existent. A profit-driven industry does not invest in products for markets that cannot pay.” World Health Organisation Director-General Dr. Margaret Chan

By Mike Treen, Unite Union National Director

(Reprinted from The Daily Blog)

The outbreak of an Ebola epidemic in West Africa over 2014 has exposed the collapse of public health systems in many African countries affected and the paralysis of the wealthy West to be able to mount a response in time to prevent the outbreak killing tens of thousands and possibly millions.

In contrast revolutionary Cuba and its medical internationalism has emerged as an example to the world of what is possible when ethics replaces cold calculation.  The world has been forced to acknowledge a debt to that small island nation of just 11.2 million people who are now the front guard of the fight to stop the spread of the virus.

CTU will not engage in Governments sham consultation process on Terrorist Bill

Media release

CTU will not engage in Governments sham consultation process on Terrorist Bill

Today the CTU has sent a letter to Prime Minister John Key articulating serious concerns about both the content and the rushed process the Government has clearly signalled it intends to follow to progress the Countering Terrorist Fighters Legislation Bill into law and urging him to follow the proper process in considering this legislation.

“Rushing this legislation through is not appropriate or proper. We will not participate in a sham consultation process or take for ourselves the “luxury” of the chance to be heard at the select committee on the basis of some dubious selection criteria made by those to whom the Bill grants power while other legitimately interested citizens and groups are denied that opportunity,” CTU President, Helen Kelly said.

“There has been no evidence presented at all from the Prime Minister that such urgency is needed. Given the severe and unique nature of the powers being sought, quite the opposite is appropriate and a reasonable period of time should be made available for the public to have a say on this legislation,” Kelly said.

“The Bill provides authority for the SIS to trespass onto private property in order to conduct covert surveillance (such as installing video cameras and listening devices). These powers will compromise citizens’ right to avoid unreasonable search and seizure and to privacy. The Bill also extends the ability of the SIS to conduct warrantless surveillance for 48 hours in situations where it would be impracticable to get a warrant and it is believed that information may be lost. Warrantless surveillance as fundamentally irreconcilable with expectations of acceptable government behaviour in a free and open society. The only public accountability for the use of this power is that the SIS must note the number of times this power is used in their annual report,” Kelly said.

ENDS

View the letter here http://union.org.nz/news/2014/ctu-will-not-engage-governments-sham-consultation-process-terrorist-bill

For further comment, please contact:

Helen Kelly, President, CTU

021 776 741

Huia Welton | Communications & Campaigns Advisor | New Zealand Council of Trade Unions – Te Kauae Kaimahi

ph: +64 4 802 3817 | cell: +64 021 524 502 |

www.facebook.com/fairness.at.work | www.union.org.nz | Follow us on twitter: @fairnessNZ

Unions – we’re about Fairness

CTU criticises poor government advice to workers on drive-offs

The New Zealand Council of Trade Unions has raised concerns with the Ministry of Business, Innovation and Employment (‘MBIE’) regarding their reported advice to workers about the petrol station drive away issue.

Jeff Sissons, CTU General Counsel, says “Clauses in employment agreements allowing employers to deduct money from workers’ wages to compensate them for loss caused by workers are unlawful. In the case of petrol station drive offs the worker will not even be at fault so deducting pay will almost certainly be against the law.

Want a Living Wage? Work at McDonald’s… in Denmark

Fast-food workers display signs during a protest to demand regular hiring in Quezon City, Philippines. (AP Photo/Pat Roque)

By Michelle Chen
Reprinted from The Nation

The fast-food workers’ movement has exploded in size and reach over the past year with strikes and protests in dozens of cities. The movement seems to encapsulate rising public disgust not just with the workers’ low wages but with the entire fast-food industry, which runs on an ugly feedback loop of poverty wages, junk diets and commercial exploitation for both consumers and workers. But now the fast-food workers’ campaign has “gone global,” spreading to parts of the world where fast-food logos project a different image, one that ranges from an imperialist corporate hegemony (Manila) to a respectable career (Copenhagen). Now the “Fight for 15” activists are touring different cities to explore how fast food goes down around the world.

In recent days, American fast-food worker activists have embarked on a tour spanning eight countries to share their stories with fellow workers and exchange ideas on organizing locally and globally—mounting a populist challenge to an industry that generates hundreds of billions of dollars worldwide.

Fight for 15 workers from Los Angeles, Albina Ardon and Moses Brooks, have met activists withthe SENTRO union in Manila. The union is organizing a youth-led fast-food worker movement targeting McDonald’s, KFC, and the leading Filipino fast-food chain, Jollibee. The group has called out the “short-term and unprotected work arrangements” prevalent in the industry, particularly the so-called “5-5-5” temp-job system (a model familiar to many American workers), in which “workers are endlessly hired and fired every five months to prevent them from becoming permanent or regular workers.” Aiming to build a national fast-food labor organization, the workers counter the narrative that Westernization via fast-food brands marks a step up for a developing nation. They point instead to the unsavory reality of the global food system, which markets cheap treats to a poor country, to keep their workforce even cheaper.

Letter to Minister on abuse of breaks law

Michael Woodhouse
Minister of Labour
Parliament Buildings
Wellington
6160

20 November 2014

Dear Mr Woodhouse,

Yesterday I received a concerning email from one of our union members.

It stated that:

“This morning in the briefing our manager declared that its now her right to decide when we take our breaks, and that since it was a busy day no one could have one until 3pm. Everyone started at 8am, and were due to finish at 3:30pm or 4pm.”

This is a direct consequence of the recently passed rest breaks legislation.

You have stated through the media that these law changes were aimed at providing flexibility, not taking away rights. You said that you saw it applying in situations such as a sole operator at a petrol-station, sole-charge air traffic controllers at small airports, or nurses on a night shift.

You also said that employees and employers would be able to negotiate their rest breaks.

“I think we patronise employees by pretending they cannot negotiate with their employer for a fair outcome.”

This law has not even come into effect yet and already this legislation has been used as an excuse to take advantage of workers at a hotel in Auckland. These workers are not sole-charge. This is not a small employer. This is a well-known nationwide brand. These workers do an incredibly physical job all day involving heaving lifting, bending, pushing and pulling. Many of these workers are on work visas, many do not speak English as a first language.

These workers were not given the chance to negotiate their breaks. They were simply told during a morning staff briefing that their breaks were changing from now on and they were to work almost an entire shift without a rest break. Even if they were able to negotiate their breaks how could they do this successfully given that they are already in a vulnerable position, being that many are migrant workers?

This is the direct consequence of the law change you supported. This is the first example. We expect there will be many, many more.

I have some questions for you Minister.

a) Is this the actual intended effect for this legislation, do you think this is fair and reasonable?

b) Do you think this is reasonable in terms of an employers’ responsibility regarding the health and safety of these workers?

c) How do you suggest workers go about negotiating their tea breaks with their employer, especially non-union workers?

d) Do you have any further advice for these workers?

Mr Woodhouse, I am eager to discuss the effects of this law change with you further. Would you be willing to meet with us and a delegation of our union members?

I look forward to hearing from you.

Shanna Reeder
Hotels Organiser
Unite Union
029 44 55 703
shanna@unite.org.nz

Employer caught abusing new ‘teabreaks law’ to exploit workers

Unite Union hotel workers picket 2007

The government passed the controversial ‘teabreaks’ legislation only a few weeks ago and already Unite Union has caught an employer using this law as an excuse for ill-treating their staff.

Yesterday a union member, who prefers to remain anonymous for fear of retribution, emailed Hotel Organiser Shanna Reeder.

“This morning in the briefing our manager declared that its now her right to decide when we take our breaks, and that since it was a busy day no one could have one until 3pm. Everyone started at 8am, and were due to finish at 3:30pm or 4pm.”

The new law actually will only come into effect in March 2015, however it seems this misinformed employer has jumped at the opportunity to stop workers having their breaks.

Previously, National Party MP and current Minister of Labour Michael Woodhouse has said the move was aimed at providing flexibility, not taking away rights. “I think we patronise employees by pretending they cannot negotiate with their employer for a fair outcome.”

Unite Organiser Shanna Reeder says “This is clearly the outcome of this unfair anti-worker legislation. The Minister has been proven wrong on one occasion already and we know there will be many more instances of this abuse. He says employees can just go to the boss and negotiate things. This example clearly shows that there is no intention of negotiation from the employer. This is a blanket rule that was rolled out and announced to all staff. I’ll be writing to the Minister to advise him of this case and further cases that are reported to us that show that this piece of legislation is failing workers and stripping them of their dignity and rights.”

Unite Union will also be writing to the employer involved to inform them that they have breached current employment law and that they are expected to abide by current legislation at all times. If the employer does not rectify this immediately we will re-consult with the workers involved to determine what action they prefer in order to get a fair resolution.