CTU Policy: (3) Union Affairs

From the CTU policy book, produced November 2000.

UNION AFFAIRS

3.1 General
3.1.1 The CTU asserts the right of unions to democratically organise and recognises the necessity for democratic organisation within the trade union movement to give genuine expression to rank and file feeling.
3.1.2 The CTU believes that trade union strength is based on unity and hence supports the concept of one union having exclusive coverage of any particular group of worker. The CTU accordingly opposes moves to fragment union coverage by contestability or whatever means.
3.1.3 The CTU believes that the need for strengthened trade union unity is imperative in view of the increasing power of monopolies and multinationals in New Zealand.
3.1.4 The CTU recognises the need to develop stronger and more effective unions. It urges unions to strengthen their job delegate structures, to increase membership activity and to appoint and/or elect sufficient union officials to meet membership recruitment and the objectives of this policy position.

3.2 Inter-union Cooperation
3.2.1 The CTU believes that trade union strength is based on unity and hence emphasises the need for unions to consult and cooperate fully on disputes and other matters of mutual concern and to provide appropriate support to other unions.
3.2.2 The CTU should actively promote cooperation between unions at national and local levels by convening meetings and seminars and coordinating activities around trade union and worker issues.
3.2.3 The CTU should convene advocates' meetings/seminars prior to and during award rounds so as to actively promote a united approach.
3.2.4 The CTU recognises the need for unions involved in the same industries and/or workplaces to work closely together and accordingly urges unions to liaise closely to ensure unity.

3.3 International Cooperation

3.3.1 The CTU condemns denial of freedom and trade union rights and pledges solidarity with the trade union movements and working people of other countries.
3.3.2 The CTU recognises the need for unity amongst all international trade union movements and believes this need has become more crucial given the role of multinational companies in the international economy.
3.3.3 The CTU advocates the existence of one international trade union organisation to foster international trade union unity.
3.3.4 In view of the growing need for trade union unity, the CTU adopts the principle of supporting international conferences and exchanges irrespective of international affiliations and recognises the right of affiliated unions to or participate in international organisations.

3.4 Amalgamations
3.4.1 Whilst recognising that amalgamations are a question for unions themselves to determine, the CTU calls upon all affiliates to give serious consideration to union amalgamations as a means of:
(a) Achieving greater bargaining power and protection for members.
(b) Achieving greater use of union finances, assets and personnel resources.
(c) Presenting a more unified front to hostile employer and Government forces.
3.4.2 Accordingly, the CTU shall give every assistance to any unions contemplating such amalgamations.
3.4.3 Where unions are already agreeable to some form of fusion of their respective resources, the CTU suggests that unions should take the following steps to foster the natural progression towards inter-union cooperation:
(a) Organise educational seminars aimed at delegate and shopfloor level on the purpose of union amalgamation and the benefits it will bring. The CTU at national and regional levels can give encouragement in this area.
(b) Establish joint research facilities.
(c) Point out the benefits of amalgamation in union journals and newsletters.
(d) Develop industry programmes.
(e) Encourage on site cooperation e.g. composite agreements, and combined union delegates' committees where not already existing.
(f) Liaise with the CTU on the question of possible rule changes (e.g. help with drafting).
(g) Ensure that although moves towards amalgamation must take place along the lines of class and industry, individual crafts and skills are represented in any proposed new union structure.

3.5 Union Coverage: Rule Changes

3.5.1 The CTU recognises that rapid technological change will increase the scope of arguments between unions as to appropriate union coverage for emerging categories of workers.
3.5.2 The CTU believes disputes on coverage or a proposed rule change are negative methods of adjusting to changed circumstances and that in such situations voluntary amalgamation should be positively considered.
3.5.3 The CTU believes that rule change questions are better settled within the trade union movement and resolves to facilitate such a process wherever possible. To this end, the following procedure is adopted:
(a) Unions proposing a rule change should identify the area of intended change (and any aspects which may be in dispute with other unions) and formulate a proposal for the rule change as appropriate.
(b) The union should refer the proposal to the CTU advising of the need for the membership rule change (and reasons) and note any known areas of dispute with other unions. Unions are encouraged not to advise the Registrar of Unions of the intended rule change at this stage but rather to defer contacting the Registrar until all problems have been resolved then at least until after the procedure below has been exhausted). However, it is recognised that in practice many unions have in the past referred the rule change application direct to the Registrar.
(c) The CTU will contact all unions which might be affected to see if there are any obligations. The CTU will also write to the applicant union detailing a list of unions thought to be affected and requiring the applicant union to advise of any other unions known to be likely to have an interest. Any objections must be notified to the CTU within 35 days of the date of the CTU letter. Particulars of the basis for objection must be notified to the applicant union (copy to the CTU for information) within a further 35 days.
(d) If there are no objections within the 35 day period, the CTU will advise the union applying for the rule change (and if appropriate at that stage the Registrar of Unions) of this fact. The CTU will assume that any union not meeting either of the above deadlines either has no objection or has allowed its objection to lapse.
(e) If there are objections, the CTU will advise the applicant union. Objecting unions are obliged to advise particulars of their objections (paragraph (c) above) following which the onus is on the applicant union to arrange meetings/initiate discussions with objecting unions with a view to resolving any difficulties.
(f) If discussions do not result in any resolution of problems, the CTU will, on request from any union involved, invite all unions to a meeting convened by the CTU.
(g) If the CTU convened meeting does not result in a resolution of problems, the CTU will merely refer the matter back to the Registrar of Unions (noting any objections) for decision.
(h) If the unions involved agree, then they may give the CTU power to present a solution to the parties which may include recommendations for:
(i) No rule changes by any union
(ii) Rule changes by two or more unions
(iii) Negotiation of a composite agreement as a step towards suggested union amalgamation.
(i) A union seeking a rule change may at any time after the period for notification of details of objections has elapsed, require the CTU to refer the matter back to the Registrar noting objection. However, it is stressed that in terms of CTU policy, unions should at least be prepared to pursue a resolution of problems within the trade union movement in terms of the above procedure.
(j) The CTU Research Office will give advice to any affiliate regarding the framing of rule changes, possible coverage problems, and Labour Department attitudes etc.

3.6 Demarcations
3.6.1 The CTU believes that demarcation disputes are an intolerable diversion of trade union strength and accordingly should be resolved amicably and hence resolved as follows:
(a) Union coverage is a question for the trade union movement to determine and an employer role in such matters is not recognised.
(b) Unions involved in differences should give absolute top priority to settling their differences without industrial action.
(c) Should the question of industrial action be considered despite this absolute top priority, then unions should consult with the CTU with a view to resolving problems amicably prior to taking industrial action.
(d) Where serious demarcation disputes exist, unions should look positively at the possibility of amalgamation.
3.6.2 Any union involved in a demarcation dispute may request the CTU to convene a meeting and invite all affected unions to attend. The CTU role in such a meeting will be:
(a) To endeavour to facilitate agreement;
(b) If the unions all agree, they may give the CTU power to present a solution to the unions involved. Such a solution may include a recommendation for:
(i) Exclusive coverage by one or more unions;
(ii) Split coverage by job category etc.
(c) In any dispute referred to it, the CTU may also recommend
(i) That positive consideration be given in the longer term to the question of amalgamation;
(ii) That composite agreements/awards be negotiated as a step towards greater unity and/or amalgamation.