CTU Policy: (1) The Right to Work and a Living Income

From the CTU policy book, produced November 2000.

1. THE RIGHT TO WORK AND A LIVING INCOME

1.1 General
1.1.1 The NZCTU defends the right to work of all New Zealanders irrespective of age, sex, religion, political belief, race, sexual orientation, marital or parental status, or disability.
1.1.2 The NZCTU defends the right of all New Zealanders to a living income whether they be employed, unemployed, beneficiaries, or otherwise.

1.2 Employment and Unemployment
1.2.1 The NZCTU recognises the responsibility of society as a whole and Government in particular to ensure that all New Zealanders have the opportunity to work and receive a living wage.
1.2.2 Accordingly, the NZCTU recognises:
(a) That unemployment is not a natural consequence of workers unwillingness to seek employment, but rather is a symptom of our political and economic system.
(b) The need to condemn Government policies which create unemployment and support the development of a comprehensive full employment policy as a priority as part of an overall Alternative Economic Strategy.
(c) That the responsibly for fighting against unemployment and for full employment lies with the trade union movement, unemployed worker organisations, and sympathetic community organisations.
(d) That to fight effectively these groups must maintain and build the existing form of organisation and develop appropriate programmes and campaigns aimed at building up resources, conducting widely based educational programmes (which look at causes and possible alternatives), and exercise effective political pressures on those who presently make decisions.
(e) The need to develop an ongoing organisational structure with responsibility for co-ordinating and initiating campaigns to fight unemployment at a national and local level.
(f) That the whole trade union movement needs to become fully involved in the struggle against unemployment.
(g) The need for particular action to remedy the particular employment/ unemployment difficulties of women, young people, migrant workers, Maori workers, and the disabled.
1.2.3 The NZCTU is actively opposed to those who seek to exploit the unemployment situation to justify practices which undermine working conditions.
1.2.4 In particular, the NZCTU opposes contracting out of public sector work to private enterprise, redundancies, casualisation, youth rates, compulsory retirement, and the irresponsible introduction of new technology.
1.2.5 The NZCTU does not oppose the concept of work trusts and cooperatives, but is opposed to such a concept being used to undermine existing working conditions and accordingly believes that these workers should receive minimum award provisions at least.
1.2.6 The NZCTU believes that Government should collect and maintain accurate statistics on employment and unemployment and to this end should include (in unemployed statistics) all people who are unemployed or under employed.

1.3 Unemployed People and their Organisations
1.3.1 The NZCTU affirms its support for unemployed worker organisations and the unemployed in their efforts to educate all workers using all facets of the media and their own organisations to disseminate information.
1.3.2 The NZCTU recognises that such support requires positive action by the trade union movement in:
(a) Providing financial assistance to and soliciting support from rank and file members for unemployed organisations working in conjunction with CTU regional and district organisations subject to such organisations working in a manner consistent with support for CTU and presenting satisfactory financial reports to the National Executive. The CTU urges all affiliate unions to donate 1% of their union fees to such unemployed organisations.
(b) Encouraging/initiating supporting rallies/meetings/marches and other political action by the unemployed workers organisations.
(c) Organising practical assistance to unemployed people and organisations at all levels of the trade union movement.
(d) Supporting calls for direct Government funding of CTU regional and unemployed organisations to enable them to give practical assistance to unemployed people.
(e) Seeking to negotiate employer contributions to local unemployed organisations as part of redundancy packages. The NZCTU recommends to all affiliate unions that during redundancy negotiations or at any other appropriate time put a claim on employers for a contribution to the Unemployed or Beneficiaries organisations who operate within the auspices of the NZCTU. The claim to be based on 1% of the total package agreed to between the parties and paid to workers, or $1000 whichever is greater. The employers contribution not to be subtracted from the workers pay but paid to the Unemployed or Beneficiaries Bodies in addition to what the workers received.
(f) Assisting in educating all sectors of the community on the causes of unemployment and the plight of unemployed people as a means of easing the feelings of guilt that unemployed people acquire in a hostile environment.
(g) Supporting the right of unemployed people to a minimum living income.

1.4 Job Creation and Training Schemes
1.4.1 The NZCTU believes that to effectively combat unemployment, fully funded awards/state determination rate job creation schemes need to be put in place. As such schemes would be funded by Government, the benefits of work performed should go into Government or community facilities and organisations rather than into generating private profit.
1.4.2 The NZCTU believes that the Government should take a positive approach to the need to increase the level of skills of New Zealand workers, but believes that this is only one aspect of the strategy to provide full employment.
1.4.3 Accordingly, the NZCTU recognises that training in itself does not create jobs, but rather, if not integrated with economic and job creation policies, merely results in job shuffling.

1.5 Unemployment Benefit
1.5.1 The NZCTU defends the right of all unemployed people to a living income but recognises that the payment of an unemployment benefit is no substitute for meaningful employment.
1.5.2 The NZCTU believes that the unemployed benefit be paid immediately on application and:
(a) Backdated to the date of commencement of unemployment.
(b) Should not be subject to a stand down period.
(c) Should not be deferred because of the existence of redundancy or other payments given that redundancy pay is compensation for loss of service related entitlements which a redundant worker will have to re-establish in new employment.
(d) Should be conferred irrespective of the employment situation of the unemployed persons spouse.

1.6 Redundancy
1.6.1 The NZCTU believes that redundancies are unnecessary and should be eliminated by properly planned change, retraining, and relocation, and other strategies.
1.6.2 Accordingly, the NZCTU supports unions in opposing and combating redundancies and ensuring adequate job security.
1.6.3 The CTU recognises however the issue of redundancy must be faced. Where such situations arise, the CTU believes:
(a) That company books must be opened for union inspection as circumstances require.
(b) That unions should resist any downward variations to current awards or agreements.
(c) That unions should meet their constitutional obligations to consult with unions in same industry or with the same employer on any disputes on the question of redundancy.
1.6.4 Where the question of redundancies arise, the use of the following procedures is advocated:
(a) Discussion should initially take place between the management of the establishment and the unions concerned with a view to removing the causes of redundancy or minimising its effects.
(b) Where the parties accept that there is no alternative to reduced labour force, the fullest possible co-operation should be extended at all times in "discussions".
(c) With the intention of minimising or reducing redundancy, the following particular provision should be decided before redundancy is accepted:
i) Extension of holiday provisions
ii) Introduction of long service leave
iii) Transfer of workers within the industry on a voluntary basis to where a surplus of work exists
iv) Reduced working day/week without loss of daily or weekly wage
v) Natural attrition allied with cessation in recruitment of additional workers
vi) Voluntary retraining of workers to enable equivalent earnings to be obtained at some suitable alternative employment
vii) Earlier retirement with full paid benefits
viii) Agreed compensatory financial adjustments which will allow for all compounded losses suffered by a worker who is finally compelled to vacate employment as well as a lump sum terminating benefit
1.6.5 The NZCTU recognises that legislation is required to ensure that all redundant workers are entitled to a minimum redundancy payment irrespective of the circumstances of their redundancy.
1.6.6 To this end, legislation should be put in place which:
(a) Recognises the employer's obligation to negotiate with unions concerning alternatives to redundancy including an obligation to retrain and relocate where practicable
(b) Imposes minimum redundancy payments to apply with the facility for superior payments by negotiation
(c) Recognises redundancy payments as having priority (along with wages and other payments due to workers) in bankruptcy or insolvency situations
(d) Provides for a fund from employer levies to guarantee redundancy payments where insolvency occurs and redundancy payment obligations cannot be met.

1.7 New Technology
Introduction
1.7.1 The NZCTU recognises the potential benefits of new technology but also recognises its potential to cause unemployment and eliminate skills.
1.7.2 Accordingly, the NZCTU believes:
Economic and Social Objectives
(a) New technology must be used to promote the interests of all New Zealanders and not just the employers and Government. Its introduction and use must be subject to the ultimate control of the New Zealand people.
(b) The effects of new technology must be contained within a policy of using it to promote economic growth, full employment, a steadily rising standard of living, the provision of adequate social and welfare services, an improved quality of life for all people, and greater economic, social, and political democracy.
(c) The State must exercise its power to ensure that new technology is not used by its agencies or by employers for anti-social ends or to benefit their own interests at the expense of the interests of the community.
Employment
(d) The NZCTU reaffirms its commitment to the principle of the right to work. Everyone who is able to should have the opportunity to undertake worthwhile and adequately paid employment.
(e) New technology should not be used to create redundancies. However, the unions recognise that it might not always be possible to prevent workers losing jobs or job opportunities declining in number. Should this occur then the State and those employers whose productivity and profitability have been increased by new technology must accept the responsibility to provide work for those displaced by technological change or for those unable to find employment upon leaving school or for those wishing to re-enter the paid workforce.
(f) In order to create jobs:
(i) The State must embark on a programme of environmentally acceptable industrial development which will utilise available national resources to develop economic self sufficiency and to open up employment opportunities.
(ii) The productivity gains of new technology must be used to reduce the amount of hours worked, of weeks worked, and of years worked. There should also be an increase in the extent of paid leave.
(iii) Provision must be made for retirement on schemes agreed between unions and employers on a cost of living indexed superannuation scheme at a progressively decreasing age.
(iv) The trade union movement must examine the whole concept of work and leisure in order to provide more opportunities for paid employment.
(v) There should also be an expansion of social services and paid employment within such services as a means of promoting employment and welfare objectives.
(g) To protect workers from decreases in the number of jobs available:
(i) In addition to any other redundancy or other entitlements, agreed provisions should be established between employers and unions to enable workers displaced by new technology to maintain their income at the employer's expense (including overtime and allowances etc) until a worker finds new employment or for a period of twelve months whichever is the sooner.
(ii) Employers should provide retraining at full pay and the opportunity, subject to joint union/employer agreement, for re-employment or relocation within the firm for workers whose jobs are destroyed by new technology.
(iii) The States responsibility to provide adequate universal and free education for all is fundamental to preparation of children for a full life and opportunity in the community. Accordingly the State should provide training and retraining, (either at existing or new institutions developed for the purpose, within the framework of existing educational agencies, where displaced workers can be retrained in new skills so that they can develop sufficient expertise to find suitable employment under changing technological conditions. The basic cost of this training is to be borne by the employer.
(h) Places of education and vocational training must reorganise their courses to prepare young people to meet the changing requirements of the labour market. It is pointless and destructive to teach young people skills which are becoming or will become redundant very quickly.
Union Involvement
(i) The unions must gain the agreement of the employers that detailed plans of the types and estimated effects of new technology will be provided to the unions well before new technology is introduced into the workplace. No new technology should be introduced without union agreement.
(j) Following the provision of such information, unions must enter negotiations with employers on all the implications of new technology and specifically on the job levels, job skills, health and safety, training and retraining, redeployment, the relocation, and the general conditions of employment. Employers should accept the costs of relocation and re-deployment as a proper charge on them.
(k) All unions should seek to have contained in their agreements clauses stating that:
(i) The employer will provide prior information on new technology and agree to subsequent collective bargaining on it.
(ii) The new technology will not be used to create any enforced redundancies.
(iii) There will be full training and retraining for workers whose jobs or skills are changed by new technology.
(iv) Provision will be made for the relocation or redeployment of workers whose jobs are destroyed by new technology.
(v) New skills created by new technology will be recognised as such by the employers, for example, through the payment of allowances or margins for skills and responsibility.
(vi) The employer and the union will jointly draw up a set of economic and health and safety standards covering the use of any particular item of new technology in the workplace and the standards will be monitored by either a joint employer/union committee or by a mutually acceptable third party.
(vii) Union members at the workplace will be involved in the decision making on what type of equipment is to be introduced and on how their work is to be organised, designed, and controlled as a result of the new technology.
(viii) No new technology will be accepted into the workplace without the agreement of the union or unions concerned.
(l) The unions will ban any new technology that the employers attempt to introduce without prior consultation and subsequent negotiation with the union or which is introduced by an employer who has not negotiated satisfactory provisions on its use and effects.
(m) Unions should endeavour to maintain service and retain responsibility for members who become unemployed and support unemployment centres.
(n) Recognising the role played by multinational companies in imposing new technologies on workers in all countries, unions reaffirm their commitment to the international trade union movement and recognise the need to develop the strongest possible links with the unions in those countries where transnational companies operating in New Zealand are also operating. The CTU should strengthen ties with all international trade union centres and work for mutual exchange of information and viewpoints through such centres.
(o) Unions, recognising the need for strong and united action New Zealand workers. Specifically, there is a need for amalgamation of resources between sector sand unions with the aim or organising all works (including middle management and technical groups) into effective trade union structures which can negotiate effectively on an industry basis.
(p) Recognising the potential divisive effects of new technologies introduced without regard for worker interests, unions support the policy of resolving inter-union disputes within the movement.
Research and Publicity on New Technology
(q) The unions support continued economic research on the immediate and long term economic and social effects of the new technology in particular as regards employment, job content and the distribution of wealth. Such research material to be as widely circulated as possible amongst union members as part of the work in organising against the adverse impacts of the new technology.
(r) Unions recognise that control of technology will require a legislative programme for redistribution of wealth and effective control by workers over their jobs and endorse the development of such a programme based on the immediate interests of workers and consumers and the wider social interest.