CTU Policy: (2) Worker and Union Rights

From the CTU policy book, produced November 2000.

2. WORKER AND UNION RIGHTS

2.1 General

2.1.1 The NZCTU asserts the rights of all workers:

(a) To adequate and fair payment for their work.

(b) To adequate and safe working conditions.

(c) To organise into effective self governing unions to bargain with their employers.

2.2 Basic Wages

2.2.1 The NZCTU declares all workers should be entitled to:

(a) A wage which meets the requirements of a minimum living income.

(b) A rate for the job i.e. fair wages at minimum levels to reflect skill requirements.

2.2.2 As a consequence, the NZCTU:

(a) Supports the national awards and State sector determination systems which lay down basic minimum payments for workers of similar skills and responsibilities.

(b) Opposes "labour market flexibility" in its various forms.

2.2.3 The NZCTU opposes any concept of discriminatory pay rates being imposed because of the personal or group characteristics of particular workers. Accordingly, the CTU:

(a) Supports the concept of equal pay for work of equal value.

(b) Is opposed to youth rates which impose lower rates of pay for young workers doing the same or similar jobs as adult workers.

2.3 Working Conditions 2.3.1 Hours of work: The CTU declares that full time work should be available to all workers who wish it. Accordingly, the CTU believes:

(a) That workers should be entitled to a living wage from their ordinary hours work i.e. overtime should be an extra rather than an essential ingredient of the living wage.

(b) That owing to the advent of technology and in the light of growing unemployment, the lowering of working hours without loss of pay is practicable and necessary and as a preliminary step unions should pursue a 35 (or less) hour working week or nine day (or less) fortnight.

(c) That compulsory overtime and the imposition (by employers) of agreements to work overtime as a condition of employment are unacceptable practices.

(d) That the concept of clock hours and penal/overtime rates applying to weekends and unsociable work hours are fair and should be maintained.

(e) That penal and overtime rates should be paid at double rates and additional leisure time should be granted.

(f) That casualisation of working hours should be opposed and legislation should entitle part time workers to a basic minimum number of hours pay per day.

(g) That weekends should be, as a general rule, family and leisure days and legislation which promotes a breakdown of this concept is opposed.

2.3.2 Holidays: The NZCTU declares that all workers should be entitled to sufficient paid leave to enable them to have adequate recreation and rest from their jobs and to attend to their personal, health, community, and other needs and obligations. To this end, the NZCTU declares that all workers:

(a) Should be entitled to at least four weeks annual holidays per year paid at premium rates i.e. T1.1/2 the basic pay rate plus additional entitlements such as overtime/penal time, shift payments, service payments etc.

(b) Should be entitled to at least one additional weeks leave after five years or less employment with the same employer.

(c) That Waitangi and Anzac Days should be transferable holidays (when falling on weekends) and May Day should be recognised as an additional statutory holiday.

2.3.3 Sickness and Family Leave The NZCTU declares that all workers should be entitled to receive adequate paid leave for sickness and family commitments. To this end:

(a) Adequate sick leave should be available and if medical certificates are required, doctors fees should be paid by employer.

(b) Adequate family leave should be available in the case of illness to spouses, dependants, or elderly relatives.

(c) All workers should be entitled to any necessary paid leave to attend medical/dental appointments.

2.3.4 Compassionate/Bereavement Leave: The NZCTU declares that all workers should be entitled to adequate paid compassionate leave to attend the funeral of all family members. To this end, the period of leave should be adequate:

(a) To travel to and from and attend the funeral

(b) To attend to any particular responsibilities the worker has with respect to the funeral

(c) To recognise the cultural requirements of particular people with respect to funerals and in particular the Maori peoples requirements for tangihanga.

2.3.5 The CTU declares that the whanau concept of the Maori people should be recognised and hence compassionate leave for all workers for tangihanga should reflect the broader concepts of family and social responsibility.

2.3.6 Maternity/Paternity Leave The CTU supports the introduction of adequate paid parental leave for the period preceding birth and the post-natal period. To this end adequate paid leave should be available to both parents.

2.3.7 The NZCTU supports adequate maternity/paternity leave during the first years of a childs life and recognises the importance that both parents should have the option of taking leave during part or all of this period without loss of job security, superannuation, or promotion prospects. Other Aspects of Leave

2.3.8 The CTU declares that workers on jury service should be entitled to receive full reimbursement for time so spent.

2.3.9 The CTU declares that all workers should be entitled to adequate shopping leave both in terms of the needs of workers generally and also in terms of resisting moves to expand working hours for retail employees into weekend and further late night work.

2.3.10 Wherever leave or other entitlements arise in respect of worker's obligations towards a family relationship, such relationships should include de facto, foster, step, adoptive, homosexual etc relationships. 2.4 Dismissals

2.4.1 The CTU declares that all workers should have quick access to redress in the situation where they have been dismissed and unjustifiable dismissal is alleged. To this end, the CTU believes:

(a) That dismissal procedures must be acceptable and effective and not involve undue delays.

(b) That until a dismissal dispute is resolved, the status quo should continue i.e. the worker should remain employed.

(c) That reinstatement should be automatic (if desired) if a dismissal is unjustified and realistic and adequate compensation should be paid.

(d) That dismissal procedures should be open to all union members.

(e) That workers should not be liable to dismissal whilst on Accident Compensation or through sickness.

2.5 The Right to Organise/Bargain

2.5.1 The NZCTU asserts the right of workers to organise into effective self governing unions to bargain collectively with their employers. To this end the CTU supports the right of unions:

(a) To democratically determine their own policies and goals and bargain independent of political control or arbitrary legislative restriction.

(b) To negotiate compulsory unionism clauses (covering all workers) in their awards or failing this to determine the question of union membership by democratic vote of their membership.

(c) To take appropriate action against scab labour including industrial action, picketing, and boycotts of/encouragement of workers not to purchase goods produced by non union labour.

2.5.2 As a consequence, the NZCTU opposes the concept of externally imposed voluntary unionism as an attempt to disrupt trade union organisations by attacking their organisational and financial base.

2.5.3 The CTU opposes any plan to promote the formation of industry unions by compulsion and further opposes outright the concept of plant or company unions.

2.5.4 The CTU opposes any interference by employers in the relationship between workers and their unions and calls upon all affiliated unions to reject the concept of union membership contestability and to actively oppose union busting activities. 2.5.5 The CTU asserts the unions' right to be the applicant party in award negotiations and their right, should negotiations fail, to take the matter to arbitration.

2.5.6 The CTU believes all changes in awards/agreements should be retrospective and backdated to the expiry date of the previous document.

2.5.7 The CTU asserts the right of unions and workers to paid stopwork meetings in working hours and the right of the union to have a standard union fee deduction provision in awards and agreements. 2.6 Protection of Union Representatives 2.6.1 The NZCTU supports the concept of legislative and awards/agreement provisions for the protection of job delegates, shop stewards, or any other workers who might be subjected to intimidation by reason of union involvement or asserting their rights as workers.

2.7 Right to Strike and Picket

2.7.1 The NZCTU recognises that trade union effectiveness is ultimately reliant on the ability to withdraw labour and accordingly asserts the right of unions to strike in pursuit of their legitimate aims.

2.7.2 The NZCTU opposes all repressive legislation that interferes with the right to strike and believes that legislation should recognise this right and exclude the common law tort actions from the industries arena.

2.7.3 The CTU asserts the right of workers to picket and states that legislation should recognise that right and should provide immunity from petty criminal enactments such as blocking the footpath etc.

2.7.4 The NZCTU recognises that where strike action, picketing, or other activities by a union will or may affect other unions or their members, then there must be full consultation with other unions before any action is taken.

2.8 Enforcement

2.8.1 The NZCTU states that if workers are to be able to assert their rights, then they must have ready access to awards and agreements relating to their work. Accordingly, employers should be obliged to display awards in all workplaces and all workers should receive pay slips clearly setting out the makeup of their pay packet.

2.8.2 The NZCTU states that all workers should have ready access to effective procedures for ensuring they receive their proper entitlements under awards, agreements, and contracts of employment.

2.8.3 The NZCTU states that deliberate underpayment of wages should be regarded as theft and accordingly such underpayments should be the subject of criminal prosecution in addition to any civil law claims for wage arrears. 2.8.4 The NZCTU states that union officials should have right of access to employers' time and wage books guaranteed by legislation.

2.9 Contrivances to Escape Union/Award Coverage

2.9.1 The NZCTU recognises that employers are increasingly using various contrivances to avoid union and/or award coverage. These include the use of dependent contractors, outwork vendor/purchaser arrangements, and the like. The CTU is opposed to the use of such contrivances.

2.9.2 Whilst remaining opposed, the CTU recognises that such contrivances do occur and states accordingly that people employed under such arrangements should be covered by the definition of worker under industrial legislation and hence be covered by unions and awards.

2.9.3 The CTU recognises the particular vulnerability of outworkers and states that special legislative protection should be put in place to ensure these workers are not exploited. Failing this the CTU believes unions should attempt to secure adequate award coverage of such workers to achieve the same end. 2.10 Occupational Health and Safety

2.10.1 The trade union movement seeks for all workers, work environments which fully meet their social, psychological and physical needs. It recognises that throughout history, workers have been exposed to extreme conditions of noise, chemicals, temperature, physical hazards, stress, shiftwork, and systematic exploitation. Particular groups of workers have been subject to especially harsh conditions of work and women workers, young workers who are aged and near retirement have been particularly badly affected. 2.10.2 Workers in the home and unemployed workers have also faced health and safety problems which have been completely neglected by society. Maori workers have faced the added burden of racism and women have faced sexism. The families of workers have had to cope with the consequences of occupational injuries and disease and in addition hazards have been brought into the home from work and affected spouses and children.

2.10.3 The social and psychological needs of workers have been largely ignored in the design and organisation of the workplace. Housing conditions and the wider provision of health care for workers and their families has been unsatisfactory.

2.10.4 The trade union movement in New Zealand states that in order to improve this situation there must first be a recognition of the basic rights of all workers as follows:

(a) The right to a safe, healthy, clean, well designed and pleasant working environment.

(b) The legislatively protected right to stop work if they believe their health or safety or that of anyone else is in danger.

(c) The right to full information on hazardous substances handled or transported in the workplace and full information on hazardous work situations and processes.

(d) The right to full trade union organised training in all aspects of occupational health and safety within the industry and work environment.

(e) The right to the provision of adequate basic health care for workers in all workplaces.

(f) The right to prompt full compensation and rehabilitation when disabled through injury or illness.

(g) The right to an effective system for the protection of the work environment including efficient regulatory agencies and significant penalties against employers who dont comply.

(h) The right to full representation in occupational health and safety decisions through a system of union health and safety delegates and workplace or factory based health and safety committees in such a way that workers in large, medium and small and other workplaces are covered.

(i) The right to effective education in the principles of safe and healthy work throughout the education curriculum, through public education media and in the workplace.

(j) The right to determine the level of risk within which work will be carried out.

(k) The right to protection and compensation for the individual or community for injury or damage to the environment by any defective product or production method.

2.10.5 The CTU states that all industrial health, safety and welfare legislation should be consolidated into a single statute and administered by one Government Department.

2.10.6 The CTU urges CTU regional organisations to set up and maintain regional Trade Union Health and Safety centres. The CTU states such centres should receive supportive funding from the Accident Compensation Corporation. 2.11 Trade Union Education General Objectives

2.11.1 The direction of trade union education will depend on the objectives the movement sets for itself and the extent to which they are supported. The CTU incorporates the principal objectives of the trade union movement in its constitution. These are:

(a) To promote and protect the economic, social, industrial and educational interests, and the civil rights of the working people of New Zealand including the right to useful and secure employment.

(b) To achieve and maintain a united organisation for all workers and employee organisations in New Zealand for the purpose of promoting unity and mutual assistance in seeking to achieve the objectives and policies of the Council and to give every assistance to the individual affiliates of the Council.

(c) To collaborate with and assist workers' organisations in other countries and to affiliate with appropriate international bodies as determined by the council.

2.11.2 Union education should be directed towards improving the knowledge and understanding of rank and file members so that they are able to act effectively in promoting their collective interests.

2.11.3 To do this, trade union education should aim to achieve effective organisation on the job, democratic union structures, and social change which is in the interests of working people.

2.11.4 Through the full development of the learning potential day to day organisational activities, training of organisers and officials in educational techniques, and in the formal programmes for delegates and others, opportunities must be provided for union members to gain the practical skills and knowledge that will enable them to deal with job problems, to build improved union organisation, and to deal confidently with the whole range of issues affecting both their industries and the wider community. Specific Objectives

2.11.5 In achieving these objectives the responsibilities of the CTU include:

(a) Identifying what is to be done by individual unions, CTU regional committees, and assisting them to coordinate these activities.

(b) Fostering the development of resources at national level which cannot be provided at local level, e.g. correspondence courses.

(c) Encouraging and assisting affiliates to define clearly what their educational needs are.

(d) Planning national campaigns.

(e) To promote understanding to trade unions in the wider community including schools and the media. Priorities 2.11.6 Education is not an activity apart from organisation - it is one aspect of organisation and is part of the process by which organisational gains are consolidated. 2.11.7 Priorities for education will emerge during the determination of organisational priorities by the trade union movement as a whole and by individual trade unions. The setting of ........................................................................................................................... that determine policy in all areas of trade union work and should be reviewed by those bodies on a regular basis.

2.11.8 In developing priorities, individual unions and the CTU at regional and national levels should have regard to the following factors:

(a) The need for an active and aware rank and file.

(b) The need to have representative and competent delegates.

(c) The development of national trade union campaigns.

(d) The need for closer relationships among unions in different industries and sectors.

(e) The need for regional and inter regional coordination.

2.11.9 The particular responsibilities of the CTU are:

(a) To generate activity amongst affiliates.

(b) To support and encourage development of practical plans by affiliates.

(c) To disseminate relevant information and support materials. Provision and Control

2.11.10 Education of a sort will occur whether or not it is formally planned and provided - the question is whether the trade union movement provides it or whether bodies with different objectives provide it.

2.11.11 Trade union education must be provided and controlled by the trade union movement. 2.11.12 The two main providers should be:

(a) individual unions and groups of unions:

(b) the CTU through regional organisations: with the Trade Union Education Authority providing training, expertise, relevant programmes and advice.

2.11.13 An emphasis on cooperative regional activity must be fostered. This requires:

(a) Closer working relationships between the CTU and the non-affiliated unions;

(b) Regional coordinator to be elected/appointed to work from and be responsible to a single or group of local branches of the CTU. Funding

2.11.14 Trade union education should be one of the normal costs of production. Funding needs to come from employers and the State as well as from the trade union movement.

2.11.15 The right to paid educational leave should be established in awards and embodied in legislation.

2.11.16 A minimum of ten days paid educational leave is required for each delegate/official each year. Such leave is in addition to the time required for delegates and officials to carry out their duties. Such leave should be a mandatory requirement provided for through legislation.

2.11.17 There is also a need for the provision of paid educational leave for rank and file members.

2.11.18 In order to ensure that funding is used productively for trade union education, it must be the trade union movement which determines the way in which the funds are used.

2.11.19 Restricted funding requires the union movement to establish criteria for funding. These criteria should be equitable and take into account the following:

(a) The number of union members covered;

(b) The particular needs of those members;

(c) The number of seminars held in the preceding year and/or planned for the ensuing year;

(d) The nature of the scheme i.e. national grouping or local union grouping;

(e) Considerations of geographical equity. 2.11.20 All unions should set up an education programme and budget for it on an annual basis so as to ensure an efficient use of resources. Wider Trade Union Education

2.11.21 The CTU supports the concept of basic courses on trade unions, their function, history, and economics being included in the curriculum of schools and other educational institutions and urges all unions and regional organisations to participate in ensuring the trade union movement viewpoint is effectively presented in general education.

2.11.22 The CTU recognises that modern means of mass communication are vital to the union and Labour movement and resolves the urges unions to:

(a) Give practical support to union initiatives to gain greater access for worker viewpoints in the media including union owned media;

(b) Support moves to gain a regular television programme for presentation of union issues;

(c) Ensure that the trade union viewpoint is as effectively as possible put across in the conventional media by press releases, interviews etc.