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Workers take PoAL management back to court

Written By: - Date published: 10:14 am, March 27th, 2012 - 6 comments
Categories: exports, infrastructure, workers' rights - Tags: ,

Mediation broke down in the Port dispute again yesterday with the PoAL management still refusing to make any concessions as they have refused to do throughout this process because their end goal is not an agreement but to destroy the union.

The workers are currently locked out, which is illegal at a port without 2 weeks’ notice when the lockout relates to collective negotiations as this one does. Moreover, management’s claim that the lock out is for health and safety reasons is spurious and unjustified. If all bosses are allowed to lock out workers on such grounds, the basis for collective bargaining in this country will be destroyed.

Hopefully, the Court will side with reason, force the Port to allow the workers back and impose  compensation for lost wages along with hefty fines.

Add them to the bill that PoAL’s out of control management has imposed on Auckland.


6 comments on “Workers take PoAL management back to court”

  1. higherstandard 1

    Have you got a link to the mediation outcomes, I’m out of touch on the goings on and would like to catch up.

    • Te Reo Putake 1.1

      Here’s a press release from MUNZ that should help, HS:
      Mediation frustrating with Ports of Auckland
      Mediation between Ports of Auckland and the Maritime Union today failed to reach agreement on a return to work of Maritime Union members following the lifting of strike action last week. 
      Maritime Union president Garry Parsloe said the company insisted on its position being confident1al so the union is unable to comment on the reasons for not reaching agreement.  But the union did table a proposal to resolve the matter, copied below. 
      This proposal was rejected, Garry Parsloe said.
      “Ports of Auckland continue to raise ‘ghost’ health and safety concerns in the media as the basis for what the union considers to be an unlawful breach of these workers’ employment agreements.  This will be a matter for the Court to consider tomorrow,” he said.
      “The company appears to have no plan for getting the Ports up and running again, nor concern for those clients being impacted by the disruption.”
      “The union has tried multiple ways to resolve this dispute but the single focus of the Port to dismiss its workforce is overruling all common sense,” Garry Parsloe said. 
      The parties will go to Court tomorrow where this matter and other matters will be discussed. 
      Union proposal to Ports of Auckland today:
      1.     There will be an immediate return to work with all collective employment agreement obligations being met.
      2.     Compensation for lost wages arising from a refusal to allow return to work last week.
      3.     Meeting at 7 am tomorrow with all workers available to be addressed by Tony Gibson and Garry Parsloe setting out expected behaviour, arrangements etc (as offered by MUNZ through Russel McVeigh on 22.3.12 but not passed on).
      4.     Acknowledgement by way of joint statement that some parties on both sides may perceive health and safety risks but parties are actively cooperating to manage these perceptions. 

  2. Diana Stroud 2

    This is just the latest move on behalf of POAL board to further their long standing outsourcing goal of course with the side benefit of smashing the Union. Maybee one of their flash ‘Consultants’ might have reminded them that agreeing to halt all reduncy and outsourcing and returning to good faith bargaining pratices as they agreed at the employment court, is not accomplished by immediately issueing Lock out notices and refusingto allow staff back to work! That is after Munz immediatley lifted the strike and agreed to get back to negociations and back to work.

  3. Random 3

    When do you expect to hear the outcome of todays court appearance?

    • Jenny 3.1

      The Ports settle in for a siege.

      The Auckland Ports dispute looks set to drag on for another two months as
      POAL pay union workers to stay away, prior to locking them out indefinitely.

      The Ports management have illegally locked out their unionised workforce “indefinitely” with out giving the legally required two weeks notice.

      To maintain this illegal lockout, the Ports management will pay the illegally locked out workers to stay away. That is, until they can be locked out legally.

      The plan is to keep the wharfies off site until the official notice period has expired and the notice of the indefinite lock out becomes legal.

      POAL are following the legal maxim that, “Possession is nine tenths of the law.”

      It is obvious that the Ports management will do everything legal and illegal to keep the wharfies away from their jobs at the port, and for as long as it takes to crush the union.

      It looks likely that we are witnessing the beginning of a two and a half month siege.

      From POAL Comment Following Employment Court Hearing Today, Tuesday, 27 March 2012, at 5:01 pm
      Ports of Auckland Press Release:

      Last week Ports of Auckland issued an indefinite lockout notice to all MUNZ members covered by the collective bargaining. The union claim in relation to this lockout notice is also to be heard this Friday. During the time of the lockout Ports of Auckland will make every effort to negotiate a collective agreement with MUNZ.

      During the time of the lockout Ports of Auckland will make every effort to negotiate a collective agreement with MUNZ that includes a clause that allows the Ports to replace MUNZ with contractors.

      There, fixed it for them.

      • Jenny 3.1.1

        The question is; Should MUNZ have stuck to their guns and demanded that their members be returned to their work as the law plainly requires?

        Was it a tactical error to accept this money in lieu of a return to work?

        Only time will tell.

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