Working in the public sector – the defence force goes on strike

As well as working in local government at the Public Service Association (PSA), I also had responsibility for various Central Government entities. In my first three years at the PSA I organised several the smaller ‘State Sector’ organisations. These tended to be government agencies or government own organisation but were not core government departments or ministries. In 2015 I moved teams at the PSA and worked with the Inland Revenue Department and the New Zealand Defence Force.

One of my first assignments at the PSA was to start a bargaining brief for the Office of the Ombudsmen. Prior to 1988 public sector employment conditions were set by the State Services Commission (SSC) for all Government Departments. After the 1988 State Sector Act was passed each department could then negotiate its own employment conditions with the PSA or individuals. This was followed by the 1991 Employment Contracts Act which heavily encouraged individual bargaining and discouraged unionism. As a result of this history, the Office of the Ombudsman did not have a collective agreement for PSA members. This worked ok for a while when they were a small team and had a fairly paternalistic employer who treated staff OK. As the Office of the Ombudsmen got bigger, it needed to stop running like a family business and more like other government agencies of a similar size.

Above: The PSA centenary parade in Wellington, October 2013 

The process of negotiating that first collective at the Office of the Ombudsmen took over 3 years and was like a prolonged root canal. We started off presenting a model agreement from a PSA or government employee perspective. The employer came back with a fairly vague response, seemly hoping that we would just back down and accept the existing employment contract as the new collective. When it was pointed out that many of the policies and employment practices had significant flaws or were not necessarily in line with modern employment practice. After a few months of circular arguments and little progress, we meet with Dame Beverley Wakeham the Chief Ombudsmen to try and get things on track. She brought in Peter Cullen, another ex VUWSA President to lead the negotiations from their side.

Negotiating an employment contract in an organisation full of lawyers is a challenge. Everyone was very detail focussed and each clause of dissected and analysed multiple times. Neither side found it easy to compromise, especially on the particularly big issues of pay, pay systems, performance measures and restructuring and redundancy clauses. Whilst the PSA membership slowly and steadily increased during these negotiations, we started off with only the minority of staff in the union. A further challenge was while the delegates (elected worker representatives) were reluctant to compromise, they also did not see taking industrial action as viable. Some difficult conversations about the need for leverage in negotiations had to be had. From the employer side, the issue of having to invest time and energy into negotiations should have encouraged them to conclude sooner by trying to reach an agreement. This did eventually happen in 2015, by which time everyone just wanted it done.

OOTO June 2015

The NZ Teachers Council:

The New Zealand Teachers Council were the registration body for NZ teachers. Like the Office of the Ombudsman, the Teachers Council did not have a Collective Agreement when I took over responsibility for them. Negotiations at the Teachers Council took 18 months, which was still long but a much quicker process than the Ombudsman. The Teachers Council started off with a very low PSA membership, but a small group of workplace leaders who were determined to improve things.

Working with this group was a joy. We quickly put together a model employment agreement that our members all endorsed. In early 2013 bargaining started, and though at first the process was not well understood by the employer, the discussions were positive. Within a few weeks we’d found agreement in a number of areas, and where there were differences there seemed to be a strong problem solving attitude which allowed us to keep making progress. It almost felt too good to be true, and we soon discovered it was.

The problems at the Teachers Council started when we tried to build a new remuneration system. Not only had the Teachers Council employees gone many years without a pay increase, there was a nominal performance pay system where in reality nobody got a pay increase regardless of performance. While we were able to make some progress on the elements of the system, the Teachers Council were insistent on using Hay pay data. The issue here was the data they chose to use was total remuneration where things like superannuation and various other allowances were added into the total salary package. This caused issues with transparency, as in it quickly becomes bloody confusing trying to understand people’s remuneration package. The other problem is that the Hay data used reflected a sample of the market movement and could not be relied upon to truly reflect the cost of living increases.

Remuneration was one issue with the Teachers Council, but soon the other areas where we had made such good progress began to unravel. In early 2014 we met with the employer negotiating team to try and finish off bargaining. At this meeting, the employer presented a new “clean” document they had been working on with their lawyers. Having already agreed things in bargaining the employer were now trying to back track. Legally this was not smart as it breached the ‘good faith’ obligations both employers and unions/worker representatives must adhere to in bargaining. This also is a very quick way to really annoy your workforce.

The PSA up to this point still had relatively low membership at the Teachers Council, meaning taking industrial action was a challenge. Despite this our members were willing to try, agreeing to start with low level collective action and build up. We started with holding PSA morning teas where we would hand out flyers and pens. We started signing up more people to the PSA taking our membership from barely over 25% to 50% in a short space of time. As former PSA colleague Bronwynn Maxwell once told me in a training session “the most effective form of industrial action is to sign up more people to the union.” And it was.

As the Teachers Council staff joined the union, and the PSA legal team hit the Teachers Council up about breaching their duty of ‘good faith’, the pressure was mounting. We agreed to mediation to get bargaining back on track. After a few sessions the Teachers Council agreed to drop the ‘clean’ document and go back to the clauses they’d agreed to in 2014. After a few changes we got what looked like a reasonable employment agreement. On remuneration, we did not get everything we wanted, but council staff got a significant pay increase and we agreed a process where the PSA and the employer would analyse relevant market data each year before pay rates were adjusted. To quote the Rolling Stones, “you can’t always get what you want, but if you try sometimes, you get what you need”.

Public Trust:

Public Trust had a close personal connection to me. My Grandfather had been the former head of the organisation in the late 1970s, and my Dad worked there for many years as a solicitor and manager. Both had been active PSA members on site. When I started working with Public Trust in 2014 I was often referred to either as Noel’s Grandson or Chris’s boy.

The New Zealand Public Trust Office was set up in the 19th century by the Government to provide a trustee service provided by the state. Since 2001 Public Trust as operated as a state owned enterprise providing a service in Wills, estate management and trusts.

Public Trust suffered from something that many government agencies have in recent decades, that being constant restructuring and change management. Every 2-3 years there would be a change of CEO/Senior Leadership Team/Board. Public Trust from when it founded in the 1870s through to 1998 only made a loss in one financial year. In the last 22 years the business has shrunk, and its balance sheet continues to worsen. The proposed remedy each time is another restructure, despite the previous restructure usually being the cause of the last loss. The Public Trust management team were usually external appointments from banking or insurance and had no real idea what the organisation did. Usually by the time they worked it out they walk before they get blamed for the latest crisis.

When I took over as the Public Trust Organiser the management had just imposed another round of grand-parenting, whereby staff employed after a certain date would no longer enjoy certain employment conditions. Specifically, Public Trust were enthusiastic about abolishing the redundancy clause as they were spending a fortune each year laying people off.

In the intervening 18 months between bargaining rounds, Public Trust announced yet another restructure. This was complimented by yet another expensive computer system, which staff were promised would actually work this time (it did not). Management were quite openly hostile to people who had worked at the organisation more than 3 years, probably because they would know more. I ended up representing several members in “disciplinary” meetings, where in reality someone with 20 years + experience was questioning their line manager who did not understand how the business worked. Confidential ‘exits’ or performance improvement plans (aka bully the staff members till they crack and leave) were managers way of dealing with people they had not managed to restructure out.

The 2015 Public Trust bargaining started out with the employer proposing to ‘modernise’ the employment agreement. What ‘modernise’ meant in reality was strip all hard-won employment rights out. The employer wanted to determine work hours and abolish overtime, they wanted to get rid of redundancy so they could sack long serving staff without the annoyance of paying compensation, impose strict caps on sick leave and were not at all interested in bargaining pay rates. And when we did not agree we were told that we were dinosaurs and that younger workers would prefer what they were tabling. We were told they were being reasonable; we were not and this was their final offer. This was in day two of bargaining.

We agreed to take their offer out, without recommendation by the PSA. Instead we suggested the CEO and their bargaining team attend our union meetings and explain the offer directly to PSA members. This was helpful to counter the idea that the PSA and staff reps on the bargaining team were not representing the wider membership, an allegation Public Trust had made a few times. At the meetings, the CEO received a frosty reception and some very tough questioning, not only about the negotiations but also about how the business was being run. We ran an electronic secret ballot of members, and only 1 person voted for the employer’s offer.

It took a further 6 months to get an agreement with Public Trust. The end result was not amazing, but considerably better than the offer members had rightly rejected before. Like the Teachers Council, we ended up involving mediation services. My boss Jeff Osborne got involved (at my request) to show that we were wheeling out the big guns. Having Jeff involved proved useful as he could talk about agreements at other organisations and to explain that what Public Trust was proposing was not ‘modern’ it was just command and control management.

Having moved (mostly) out of Local Government and completed bargaining at the Ombudsman and the Teachers Council, I was ready for a new challenge. The PSA moved me into what they called the Core Public Service – which were the main government departments. I picked up NZ Inland Revenue Department (IRD) and the NZ Defence Force.

Inland Revenue:

Inland Revenue was one of the biggest government departments and the 3rd biggest enterprise that PSA was responsible for. I was one of two organisers with national responsibility for IRD, Diarne Grant, Josh Gardner and later Cheryl Reynalds were my counterparts. We were responsible for managing the national delegate team, a great group of highly motivated and hard working individuals – but also a group that at times struggled with its own internal politics.

IRD had a legacy computer software system which dated back to the 1980s. At the time I started with IRD they were about to implement bespoke tax software system to manage the countries tax revenue. The department were under considerable pressure from the government to get this implementation right, as if it went wrong New Zealand’s tax revenue would be at risk.

Alongside this technology change, IRD were implementing significant organisational change. Over a 5-year change process, every single role was to change significantly. While many would be reassigned to new roles, the total head count at the department was set to decline. Many of those who had been employed in processing roles were set to lose their jobs as paper tax returns were to be replaced with online forms, though other new roles would be needed to be created to go through tax information submitted online.

The PSA’s strategy of constructive high engagement was tested through this process. The PSA wanted worker input into the new design and to be represented in all relevant decision-making forums. The challenge here to not be seen as just being part of the IRD management team rather than advocates for their employees. This was especially tricky when it became clear that the departments commitment to high engagement was more a commitment to tell the union what was happening, rather than have genuine engagement from their front-line staff.

The other challenge was that PSA, whilst the biggest union on site, was in competition with two other unions. One was a small union with few members, but the other, Taxpro, was an in-house conservative union with a significant membership. Traditionally IRD would do collective bargaining with Taxpro first as they would agree to what the employer wanted, meaning PSA was undermined when they came to bargaining shortly after. Over time the PSA had increased its membership and Taxpro were forced to work with them to remain relevant. One of the tensions within the PSA delegate teams (and at times with our PSA staff team) was the difficult relationship with Taxpro.

One of the projects I was involved with at IRD was their pay and employment equity review to end the gender pay gap in the department. At the time I was completing my History Honours degree at Victoria University and writing my dissertation on the Jean Parker vs IRD equal pay case of 1956. In 2016, 60 years after the first successful equal pay case in the public sector taken by the PSA, IRD still had a 20% pay gap between men and women in the department. In the working party the department took the position that the gap was almost entirely because fewer women were in middle management positions than men, and if it were not for that the numbers would not so bad. The PSA’s request to research this further than accept this assumption was not met favourably by the HR person assigned to this working party. This fight continued after I had left the PSA. Whilst I hated leaving unfinished business, the gender pay gap at IRD had been a battle the PSA had been fighting for over a century, and not something I was able to resolve in the 2 years I was involved.

When I picked up the New Zealand Defence Force (NZDF) role, my manager Basil Prestidge went through the history of organising civilian employees at NZDF. Much like Public Trust, NZDF had suffered from years of grandparenting and erosion of employment conditions. People who had started at NZDF prior to 2008 were covered by the grand parented document called ‘Part C’, and everyone employed after 2008 were covered by the new document called ‘Part B’. There were many differences, but the most significant was pay. NZDF decided in the mid 2000s that they no longer wanted to bargain rates of pay. They were aided in this by an omission in the Employment Relations Act 2000 which was silent on whether collective agreements needed to include rates of pay (for individual employment agreements it was clear that it did) or that these rates should be subject to negotiation. The result was those on the ‘Part B’ agreement were told by NZDF what their pay rate was, and the union had no ability to bargain the rate. Not surprisingly, union membership declined at NZDF after the implementation of this ‘Part B’ document. At the end of the briefing with Basil, he said with a smile on his face “you can’t make things any worse at NZDF.”

National organiser Nick Kelly said the pay rates for civilian workers are thousands of dollars behind market value.

Above: Nick Kelly outside Devonport Navel base during NZDF industrial action, 27 April 2017

Just before we went into bargaining with NZDF, another union had won a court case against Jacks Hardware who had refused to bargain pay when negotiating their Collective Agreement. Whilst a legal strategy alone would never be enough, this provided some much-needed leverage. In addition, we had a national delegates team of worker representatives who were a) prepared to take on the fight and b) could see the bigger picture implications of this legal case both for NZDF and the wider public service.

The negotiations began in mid-2016, and as expected the employer team were not prepared to budge on the issue of pay. Having visited military bases up and down the country, we heard from civilian employees that in many cases pay rates were poor and they wanted something to be done. For the pre 2008 employees on ‘Part C’ NZDF had offered little to no increase in previous negotiations. On the eve of the 2016 negotiations, NZDF increased pay rates for those on ‘Part B’ and made it clear that ‘Part C’ people would get an increase much sooner if they switched over. For many on ‘Part C’ there were other additional allowances which made switching over uneconomical, but also for many there was a broader principle at stake. NZDF entered negotiations by playing divide and rule and refusing to seriously entertain the idea that rates of pay should be subject to bargaining, regardless of when someone commenced employment.

The PSA strategy was a two-pronged attack. The first was to take a legal challenge against NZDF on the grounds that under the duty of good faith they needed to bargain pay with the union. The second was to encourage members to take industrial action. At the commencement of bargaining we surveyed our members asking them a) what issues they wanted the PSA to push in bargaining and b) what collective action they were prepared to take to support these claims. This helped sow the seed that collective action maybe required as part of bargaining and started workplace conversations about what this would look like. There had been previous industrial action at NZDF, however it was still a rare event. Most NZDF civilian employees are ex-service and feel a loyalty to the military. Voting to take industrial action was a big step for PSA members at NZDF when they did in 2017.

In April 2017 we had a week of revolving action throughout the country. The action varied from place to place depending on what would be more effective. On certain bases such as Devonport, Linton and Trentham members stopped work and formed pickets either outside their bases or in prominent public areas nearby. On other bases members refused to answer calls or emails at certain times or stopped doing certain tasks that they knew were a priority for NZDF.

I left the PSA in 2017 having decided to move full time working for my company Piko Consulting.

Shortly after I left the PSA won the case against NZDF. This determination meant that NZDF could not refuse to bargain pay as this was not acting in good faith. Alongside the legal win, there was a broader political strategy at play with the NZDF bargaining. We hoped to use the industrial action and strategic litigation as leverage to get employment law changed so pay would need to be bargained and rates of pay published in collective agreements. In early 2017 Basil and I met with the Iain Lees-Galloway the then Labour opposition employment spokesperson. After talking to us about the NZDF situation and other unions facing similar issues with employers refusing to bargain pay, Iain agreed to table a member’s bill to correct this part of NZ’s employment legislation. 2017 was an election year, and when we met Iain the polls were suggesting it was unlikely Labour would win this election. But as the old adage goes, a week is a long time in politics and things can change quickly. In October 2017 Labour formed a coalition government, and Iain became minister of employment. When the incoming government made changes to NZ’s employment legislation, including pay in collective agreements was one of the amendments that went through.

Being an employment advocate can be a truly amazing job where you get to make real changes to people’s working lives. It can also be immensely slow and frustrating, and it requires an enormous amount of energy and patience to push through the many frustrating road blocks. As an advocate you play an important leadership role, but ultimately the key to success is having a strong team. The successes I had as an organiser could not have happened without my amazing colleagues on the PSA staff and the PSA members I was working with. It was a great opportunity to be part of the organised labour movement and help people in both big and small ways. I do not for a second regret my involvement, but I also realise that by 2017 it was time for me to move on.

Media report of NZDF industrial action 2017:

Pay promts protest against NZDF at Devonport military base

NZDF civilian strike “a last resort”

Stand Together for NZDF Civilian Staff

NZDF’s intimidating letter to strikers “appalling” 

Radio New Zealand: Defence Force accused of intimidating striking staff

NZDF undermining tactics continue

Earlier posts in this series:

Why Trade Unionism

“Its a shit job, it pays shit money and if you don’t like it you can fuck off” – My introduction to bus driving

Tramways Union: From new driver to union president in 18 months

Go Wellington bus driver lockout 2008

Buses, bikes and pedestrians collide: Unions supporting health and safety

Tramways Union: Strikes, sex scandals and solidarity

Wellington buses now: how a local authority harmed public transport

NZ Public Service Association & the Soviet Union partnership plot

Public Service International – global unionism

Local Government – crucial and undervalued

Earlier Blog posts about Nick:

School uniforms and the young Nick Kelly

Why the Labour Party

Radical Socialism

University and Student Politics

The Iraq War

Student Fees

VUWSA Campaigns

Blogs and the Political Establishment

The Student Union Building

VUWSA President – the realities of leadership

Post VUWSA Executive

Local Government – crucial and undervalued

Local Government provides some of the most crucial and front-line public services we have in society. Yet internationally, voter turnout and engagement with Local Government is generally abysmal.

The services provided by local and central government vary from country to country. Certainly, living in the UK Local Government plays a much stronger role in social housing, public health, and education than in NZ where these are the responsibility of Central Government.

In 2012 I started working at the Public Service Association (PSA), the union for public servants in New Zealand. The PSA organised the core public service, health workers, community public services (including social care) and Local Government. The PSA had merged with the Northern and Central Local Government Officers Union in the 1990s. The Southern Local Government Officers Union merged with the PSA in 2015 while I was working in the sector.

Local Government was often viewed as the poor cousin both within the PSA, and more broadly within the public sector. From a union perspective, much of the sector was not well organised and often it proved difficult promoting PSA membership to council workers. There were notable exceptions to this. When the Auckland councils merged into one super council in 2010, the PSA successfully signed up thousands of members and played a crucial role in protecting and improving employment conditions in the new council.

One feature of Local Government, at least in New Zealand was that it often had a small ‘c’ conservative workforce. Where unions, or specifically the PSA did not have members it would generally be a slow painstaking exercise signing people up. The chicken and egg situation always were that you needed members to win decent conditions, but to sign members up you needed to promote the good work the union had done. If there were previous bad experiences of the PSA or any other union, this became 10 times harder. Talking about good work done at other workplaces only went so far, as people wanted to know what you could do in their workplace. Eventually, we would always breakthrough, but it was often a slow process.

The other problem with local government was the general lack of knowledge about what it did. When trying to promote local government or campaign to save or improve services, the initial step is to raise awareness. Very often the public does not realise what services are provided by their local council. Even fewer can tell you what is provided by a local council vs a unitary authority or regional council.

The other significant challenge in local government from a union perspective was the multiple unions working in the space. This was often down to historical issues, such as one union organising all the gardeners or parking wardens when another organised the clerical staff. These demarcation lines were seldom clear and would often lead to competitive unionism and other distractions. The issue of competitive unionism certainly is not limited to Local Government, but in New Zealand, it was certainly a problem in this sector.

My role in the PSA was initially one of the local organisers responsible for looking after the councils. My patch was Wellington City Council, Wellington Regional Council, and some of the privatised council work units. My colleague George Laird looked after the other councils in the region, and Wellington Water the shared entity set up by the councils to manage the regional water supply. In reality, we shared the workload from the local councils and designed a joint strategy to improve collective bargaining outcomes for council members in the region.

When George and I started in 2012, Porirua and Upper Hutt City Council’s had no collective agreement. Wellington City (the largest council) had collective agreements covering Library and Building Compliance and Consent staff, but not anyone else. The regional council had one of the better collective agreements, but conditions were coming under attack from management. And contracting out of services meant that many council services were provided by private companies – some represented by unions, many others not.

Contracting out and privatisation has been a trend in New Zealand Local Government since the 1980’s. The Wellington buses I had worked on previously were until 1990 run by Wellington City Council and the drivers were council employees. Throughout the 1990’s councils contracted out many of their services to private providers. The driver for this was largely ideological and encouraged by the Central Government.

When we challenged the incoming Wellington City Council CEO about this in 2013, he responded that councils have always use the private sector as they “do not make pencils.” On one level this is correct, it would be daft to say there is no role for the private sector in local government. But the issue was services being contracted out to the private sector, without a business case demonstrating efficiency or where it would save the community money. Worse, too often the contracts were awarded to the company who put in the lowest tender, then subsequently failed to deliver the service they were contracted to, resulting in increased costs to the council.

For council employees, promises of transferring to a new employer on no loss of pay and conditions were great words, but all too often nothing more. In many cases, workers were simply made redundant after decades of service and given little to no compensation.

One example of this was Wellington City Council contracting out their Citi Operations business unit by stealth. In the mid-1990s, the elected councillors had voted down a proposal to privatise the council’s public works unit. The argument then was that the council should continue to do maintenance of the city’s roads, footpaths parks, drains, rubbish collection and the rest. Having lost the political battle, council senior management began a nearly two-decade campaign to outsource all the council operations jobs. This went largely unnoticed by the elected councillors.

This article I wrote for The Standard in 2013 gives a bit more context.

By March 2013 Citi Operations was almost gone and outgoing CEO Garry Poole was just getting rid of the final bit when I started organising WCC. The team of about 50 were all that was left of the once 1000 strong Citi Operations group. When I contacted local councillors about this none of them knew of the proposal and were very annoyed. In particular Labour Councillor and now MP for Rongatai Paul Eagle was outraged. He and I met with the workers several times in the first few weeks of 2013. Various other councillors also got on board and we mounted a campaign to save the 50 remaining Citi Ops jobs.

On the day of the council vote, we organised for the effected Citi-Ops workers to sit in the public gallery in the Council rooms wearing their High Viz’s and work gear. I was one of three speakers for the union, expressing opposition to axing these jobs. The Council debated the issue for about 30 minutes. Those councillors in favour of making the workers redundant argued that they should not interfere with management decisions. Those against the decision felt that management did not have the mandate to make this decision. The vote ended up being 7-7, so Green Party Mayor Celia Wade-Brown used her casting vote to uphold management’s decision to outsource these workers jobs. The Citi Operations staff were sitting in the room, so Celia and the councillors were looking at these workers as they made them redundant.

wcc-2-cookstraight-news

Saving Public Libraries and the Living Wage

Privatisation was not the only thing Wellington City Council management was trying to do by stealth. We discovered through our members in the Library that WCC was planning on cutting over $1 million from the Library budget and had in previous years made even bigger budget cuts to the library operating budget. The details of this can be seen in Gordon Campbell’s article from the time.

The PSA had strong membership in Libraries, who were very vocal against cuts to the service and library branch closures. The PSA helped form a community coalition of Library users to campaign against branch closures and cuts to the services.

Like the gradual privatisation of Citi Operations, elected councillors had no idea that library budgets had been cut. None of the documents that senior management had presented to council pointed this out. When we produced the actual budget documents that Council Senior Management had presented to Library management and staff, it became clear that there were to be cuts to the Library budget. Library staff were told they were not allowed to talk to elected councillors about this as that would breach the council code of conduct. When I discovered this had been happening, I worked with colleagues to ensure the alarm was raised.

2013 was a council election year, so cutting library budgets was not a popular move. Councillors were quick to call for the cuts to be reversed. With public pressure from the Library’s Coalition, we were able not just to stop the cuts but secure a modest funding increase for the city libraries that year.

WCC cookstraight news

Above: One issue at Wellington City Council was they were constantly restructuring and forcing staff to reapply for their jobs. Over time this is very damaging to staff morale in any organisation.

The other significant campaign that started in 2013 was the Wellington Living Wage campaign. Based largely on similar campaigns in London and San Francisco, the aim was to get all wages in the city up to a rate that was calculated to be liveable – as in a worker could provide the basics for themselves and their family.

Mayor Celia Wade-Brown was quick to sign up to this campaign in an election year, and the then Service and Food Workers Union were happy to get the Mayor of NZ’s capital city on board. The campaign rather than being union led, was a coalition of faith and other community groups, political parties, and unions.

This was a positive campaign and did get some early victories with the council voting to adopt the living wage rate for all those employed by the council. By employed, they meant directly employed – not the many workers whose jobs had been outsourced to private companies. This meant many of the lowest-paid workers such as the cleaners, the parking wardens and the council security guards missed out.

For those who got it, there were issues too. Most of the directly employed council staff were in the PSA if they were in a union so I ended up representing them during the implementation phase. Pool lifeguards were told they would get the new living wage rate, but only once they had completed training which would take three to six months. Our argument was that if it is a living wage and what someone needs to survive, then the living wage should be the starting rate and training should just be happening anyway. The other issue was the small issue of inflation. In 2014 when the living wage campaign announced the new rate, I wrote to the councillors as the union organiser asking them if they would be paying the inflation adjustment. Several councillors panicked, not realising that the living wage would increase each year (because presumably, they had never heard of inflation before) and got cold feet. The council management tried to get around this by calling it the Wellington wage – which would increase each year but not as quickly as the living wage.

Collective Bargaining:

The real goal for the PSA was to get bargaining sorted across the Wellington Councils. The employment conditions varied wildly across the different councils just in the Wellington region, and even more so nationally. One of the issues was that each council bargained separately and often at different times. Our goal was to line up bargaining dates across councils in the region so we could bargain, and if needed take industrial action across the region at the same time.

The best of the Agreements was the Wellington Regional Council unitary authority, where we were constantly playing a game of defence against HR who were doing their absolute best to claw back employment conditions. This was not an easy task when other council workers in the region had inferior terms of employment.

At Wellington City Council (WCC) there was a significant gap between those who were in the PSA and covered by a Collective Agreement and those who were not. In 2014 we had our first attempt to do a single collective agreement to cover all WCC employees. At those negotiations, we succeeded only in combining the two existing agreements in the Libraries and Building Consents. Under NZ employment law, any workplace with two or more union members is entitled to be covered by a collective employment agreement. As the council were trying to treat each department as a separate business unit, I responded by initiating bargaining for each one. After a heated email exchange between the HR team and I (much to the entertainment of council members I bcc-ed into the exchange), the council finally decided that negotiating 15 separate contracts was not how they wanted to spend the next year. It took us another 18 months, by 2016 we had successfully negotiated an agreement that covered all business units in the council meaning there was a consistency of, and improvement to employment conditions.

wcc-dec-2016

Above: The PSA Journal reporting on the historical collective agreement signing in December 2016. 

During this time, my colleague George successfully negotiated the first Agreement at Porirua City Council in twenty years. By the end of our time working in Local Government all but one council had a collective agreement. Though the bargaining continued separately for each council, we were achieving greater consistency of conditions across the region.

The goal could not just be to improve the working conditions for those directly employed by council. Large swathes of council workers have had their jobs outsourced to the private sector. The challenge for the Living Wage campaign was to get councils to make their contractors pay this rate when private sector companies would argue that the council should not be stipulating terms of employment. Also, councils like having the excuse of not paying the difference saying it was up to the private company to find the money. Generally, workers employed in these private companies were on worse conditions, as the council would go with the lowest tender when outsourcing work.

In 2013 we picked up a group of road and footpath maintenance workers who had just been transferred from one company to another. The union that had been organising them had failed to do anything during this transfer, resulting in the workers losing all their conditions of employment. This workforce had been without active union representation for some time, despite their depot being located next to a large private-sector union office. A PSA colleague Melissa Woolley put me in touch with these workers after talking to a few of them at her local pub. From there we were able to sign up most workers on-site and negotiate a collective agreement. Unfortunately, about 18 months later the company lost the contract and all these workers got made redundant. Wellington City Council’s response was that they were not responsible for employment matters with their contractors.

Shortly after this, the council started bringing certain services back in-house. The council parking wardens had been outsourced for a couple of years. The decision was made to employ the parking wardens directly and increase their pay to the living wage.

Local Government – National Strategy

As well as doing local work, I was responsible for coordinating the Local Government Sector Committee. These committees sat under the board, the governance structure body of the PSA and were responsible for the sector nationally. I was also one of three national organisers who had oversight of the PSA’s organising strategy at a national level. During this time, the PSA merged with the Southern Local Government Officers Union, so I was part of the committee when this integration took place.

The big national issues at the time were proposals to amalgamate councils, which had started off with the Auckland region where the councils had all been merged into one larger entity. Attempts to do this throughout the rest of the country had met with resistance, including in Wellington. The PSA took no formal position on council amalgamations, though many officials were in favour of mergers based on the Auckland experience. The PSA had increased its membership during the Auckland process by being proactive and ensuring council workers concerns were raised during the process. Outside of Auckland, PSA members were wary of mergers and were pushing the organisation to oppose any change. The Government eventually walked away from council merger plans when it was clear there was growing public opposition.

In 2015 I moved from local government, instead working with government departments. The time working with local authorities taught me that these are crucial branches of government that have considerable power. While people tend not to engage on local council matters, when services are at risk of being cut, they will get involved. Often people are simply unaware of what local government does or how to influence it. When people do get involved in local government politics there is the potential to make real and significant changes to the lives of many in our communities.

Earlier posts in this series:

Why Trade Unionism

“Its a shit job, it pays shit money and if you don’t like it you can fuck off” – My introduction to bus driving

Tramways Union: From new driver to union president in 18 months

Go Wellington bus driver lockout 2008

Buses, bikes and pedestrians collide: Unions supporting health and safety

Tramways Union: Strikes, sex scandals and solidarity

 

Wellington buses now: how a local authority harmed public transport

NZ Public Service Association & the Soviet Union partnership plot

Public Service International – global unionism

Earlier Blog posts about Nick:

School uniforms and the young Nick Kelly

Why the Labour Party

Radical Socialism

University and Student Politics

The Iraq War

Student Fees

VUWSA Campaigns

Blogs and the Political Establishment

The Student Union Building

VUWSA President – the realities of leadership

Post VUWSA Executive

Public Service International – global unionism

One of the keystones of trade unionism is the idea of internationalism. The idea that organised workers should supporter each other not just within their nation state, but globally.

In the era of globalisation, the importance of having global labour standards becomes paramount. This is why along with the United Nations; the International Labour Organisation was established to ensure workers’ rights were upheld globally.

International Trade Union Organisations sit alongside the ILO. These have existed in some form or another for nearly as long as the current trade union movement has existed. There are now several international trade union organisations. The more high-profile ones include the International Transport Federation or ITF, Education International and Public Service International, the latter one I was lucky enough to serve as an Asia-Pacific youth rep on from 2013 to 2017. Then there is the main international union peak body the International Trade Union Confederation or ITUC, an organisation I was also to have some involvement with.

It was early on after starting at the NZ PSA that I was put forward as the New Zealand youth representative. NZ PSA had one of the stronger union youth branches of any union in the region, and the PSA was eager to form links with other public service unions doing similar work. The hope was to run international campaigns and form solid connections between young workers in the Asia Pacific region.

The blunt assessment of my 4 years in active involvement in global unions was that these organisations had good ideas, and several good people involved. But frankly, they do not deliver to the extent that they should.

Part of this is a structural challenge. Firstly, we live in a global economy where capital moves relatively freely but labour does not. Yet global governance organisations like the ILO are toothless. In 2015 I attended a global governance training workshop in Chiang Mai. Here I learnt about the various ILO Conventions that had been passed since this body was established in 1919. Depressingly, I also then learnt about the number of countries which refused to ratify these conventions or did ratify them but then made no attempt to uphold them in their own country. For example, the ILO passed Convention 105 banning slavery in 1926. Nearly a century later there is still slavery in many parts of the world, including in nations that have ratified C105.

While serving as a member of PSI and working full time as a PSA Organiser in New Zealand, I was also writing my university dissertation. One of the chapters on this looked at the ILO conventions on equal pay which I earlier posted to this blog. The ILO passed Convention 100 which called for “equal remuneration for men and women for work of equal value.” Despite this, many of the countries that ratified the ILO equal pay convention took decades to take any action on it. To this day the gender pay gap remains a significant problem globally. Seven decades after Convention 100 was ratified, few countries are even close to realising the goal of this Convention.

And this is the problem. Generally, the issue with global governance structures like the UN, the WHO, the WTO or the ILO lack teeth. Or if they do have power, it is usually due to them having the backing of a major power like the US or China. For the ILO, the Conventions end up being little more than a list of well-meaning guidelines, which are ignored and breached on a daily basis.

In this context global trade union organisations also struggle to be relevant or to be the force for good they hope to be. When they run international union campaigns, they rely significantly on being able to get buy in from their affiliate unions. These unions are generally focused on their domestic politics and work and see little relevance or leverage from running campaigns through international unions.

There are of course several good exceptions to this. The International Transport Federation (ITF) do lots of good work representing their members. Unions organising in transport need an international focus due to the nature of their work. The ITF run several effective health and safety and workers’ rights campaigns in their sector.

Often people regard international union conferences like the ones I attended for PSI to be nothing more than a talk fest. My experience of attending these meetings was that it gave union leaders and opportunity to exchange ideas and build global networks. This in turn did improve the quality of some of the work being done by domestic unions. Also, it allowed some of the unions from poorer nations to ask for support from larger international unions which had more money and resource. 

There were also opportunities to build international campaigns that have started to get some traction. One example is the long running campaign for a global financial tax, which PSI called the Robin Hood tax. This tax works by taking a small percent on every global transaction. The funds raised from this could be used to fund public services and end austerity politics. PSI and other global unions and NGO’s have played an important role in promoting debate on this issue.

Above: Nick addressing the Quality Public Services conference in Bangkok, Thailand, October 2013. The presentation notes can be viewed here

Another issue with global unions, is that their structures and practices heavily mirror that of their affiliates. This can often include things like gate keeping and leaders who push their own agenda rather than that of the wider membership. Like most domestic unions, the level of democracy in the international union movement can vary. And there have been some instances of people being encouraged to move to international unions as a way of side-lining or ejecting them from national union leadership roles.

Above: PSI Youth meeting in Sydney, March 2014. The meeting endorsed the PSI’s Robin-hood tax campaign. 

When I talked to people in the NZ union movement about global unions, they often could not see the point. The response would be something like “well what do they even do, they are just a talk fest. The real work is done here organising locally.” In a world where capital moves globally with relative ease, ignoring international unionism is not only an error, it is very damaging. In recent decades so much production has moved to countries where wages are lower and labour standards are cheaper.

Unions need an international response to this, and they need international structures to take up this challenge.

My experience of helping to build the international PSI youth section in the Asia-Pacific region showed me that building strong international unions was not going to be an easy task. Getting buy-in and a clear direction across such a vast and diverse region is a struggle. But where we were able to get things happening and we got member buy-in, we had something that could potentially grow to be enormously powerful.

Many unionists and their leaders may still struggle to see the relevance of their international organisations. But for unions to remain or gain relevance over the coming century, having a global focus will be crucial.

Report in the PSA Journal on the Asia Pacific PSI conference in Japan, October 2016.

Link to the PSI Oceania Young Workers meeting report. The meeting was held in Sydney, March 2014.

Earlier posts in this series:

Why Trade Unionism

“Its a shit job, it pays shit money and if you don’t like it you can fuck off” – My introduction to bus driving

Tramways Union: From new driver to union president in 18 months

Go Wellington bus driver lockout 2008

Buses, bikes and pedestrians collide: Unions supporting health and safety

Tramways Union: Strikes, sex scandals and solidarity

Wellington buses now: how a local authority harmed public transport

NZ Public Service Association & the Soviet Union partnership plot

Earlier Blog posts about Nick:

School uniforms and the young Nick Kelly

Why the Labour Party

Radical Socialism

University and Student Politics

The Iraq War

Student Fees

VUWSA Campaigns

Blogs and the Political Establishment

The Student Union Building

VUWSA President – the realities of leadership

Post VUWSA Executive

NZ Public Service Association & the Soviet Union partnership plot

After five years at the Tramways Union, in April 2012 I became an Organiser at the New Zealand Public Service Association (NZPSA or PSA). I would stay at the PSA for another five years as an advocate, employee representative, international youth rep (barely qualifying as youthful towards the end) and campaign manager.

The New Zealand Public Service Association is New Zealand’s largest Trade Union, which had around 60,000 members when I worked there and has slowly grown since. There had been a bit of a family tradition with this Organisation. In the 1960s my grandfather had been a member of the PSA’s national executive. At this time there was concern that the PSA had been taken over by Communists. My grandfather, who at the time worked for the Public Trust Office, stood for the national executive as part of a Catholic led anti-communist ticket. When I started at the PSA, I joked that 50 years later I had joined the union to undo Grandad’s good work.

My Dad was also a PSA union delegate, who like Grandad (his father) worked at Public Trust. In 2014 I was to become the National PSA Organiser responsible for Public Trust, continuing the tradition. Public Trust is a government entity specialising in Trust and estate law. They were great to work with, but bloody hard work.

My next few posts will talk about the work I was involved with at The NZ Public Service Association, ranging from youth and international work as well as organising public sector employees in both local and central government.

Above: Nick holding a PSA marriage equality sign with Labour MP Louisa Wall in Masterton, September 2012. 

The PSA has a diverse membership. Whilst many of its members were what could be deemed white-collar or professional roles, a significant number of members were low paid and in roles that would traditionally be considered blue-collar. The incredible diversity of professions and people working for the government or government-funded organisations made the role fascinating.

The NZ PSA had a reputation as being conservative. As alluded to earlier the union had been through periods of militancy and political radicalism. An example of this was the PSA’s advocacy for equal pay for women in the public sector, which I wrote about in my 2016 history honours dissertation. However, at other times it had been more moderate.

The PSA took a significant hit to membership numbers in the late 1980s and early 1990s, because of privatisation of public services and government attacks on collective bargaining. After this, the PSA adopted a strategy of Partnership for Quality. Described by its critics as getting into bed with the boss – the strategy was not universally popular. One theory of its origin was that it came from the Moscow aligned Socialist Unity Party, as one of the leaders of the PSA in the early 1990s had affiliations to this party. In the dying days of the Soviet Union, the Russian Party told its followers that capital could not be overthrown, so best try to influence and establish worker participated partnerships with it.

Whether partnership was just part of a soviet plot or not is speculation. But the strategy remained PSA policy for the two decades before my starting with the organisation. In 2012 the strategy changed to Transforming the Workplace. This was not seen as a fundamental departure from the earlier strategy, rather building on the gains that had been made earlier (the union had grown during the partnership era, in no small part due to gains made in bargaining under the 1999 to 2008 NZ Labour Government). The new strategy focused on increasing members participation and input into how these government agencies ran. Many trade unions act as little more than bargaining agents primarily focused on pay and certain conditions of employment. This strategy aimed to take the conversation beyond this, through to one of the workers getting a meaningful voice at work.

For whatever strengths or weaknesses were of the PSA strategy, it was nice to be part of a union that had a strategy. Moreover, a strategy that was more than just defensive and dared to try new things. Many unionists are wary of moving away from adversarial industrial relations. And I agree when facing capital those representing labour should expect conflict, up to and including strike action. But where unions or workers organisation is strong enough to gain decent engagement with employers, governments, or major corporations why on earth wouldn’t unions use that? Further, why not advocate for this alongside pay increases and other conditions of employment?

I started as a PSA Organiser in my late 20s, having held leadership roles in both the Tramways Union and before that in Student Politics. The PSA would be a much bigger organisation for me, and subsequently, I was much further down the organisational food chain. However, I quickly found myself in various leadership roles, both within the national union and within the international union movement.

Earlier posts in this series:

Why Trade Unionism

“Its a shit job, it pays shit money and if you don’t like it you can fuck off” – My introduction to bus driving

Tramways Union: From new driver to union president in 18 months

Go Wellington bus driver lockout 2008

Buses, bikes and pedestrians collide: Unions supporting health and safety

Tramways Union: Strikes, sex scandals and solidarity

 

Wellington buses now: how a local authority harmed public transport

Earlier Blog posts about Nick:

School uniforms and the young Nick Kelly

Why the Labour Party

Radical Socialism

University and Student Politics

The Iraq War

Student Fees

VUWSA Campaigns

Blogs and the Political Establishment

The Student Union Building

VUWSA President – the realities of leadership

Post VUWSA Executive

Wellington buses now: how a local authority harmed public transport

The Wellington Tramways and Public Passenger Transport Employees Union for 20 years gallantly held the line in protecting employment conditions for bus drivers in the region. Where other unions drivers’ unions were taken out in the late 1980’s after Richard Prebble and the 4th Labour Government deregulated the public transport sector and forced councils to contract out the service. Others soon folded under pressure or sold out their conditions for one-off payments or a few more cents an hour.

In my time as a driver and branch president, we continued to preserve and improve employment conditions. Attempts to break the union by bringing in a flat rate contract and changing shifts to reduce drivers hours. The Tramways union defeated this, and improved wages and conditions at the two other bus companies contracted to the Greater Wellington Regional Council to deliver public transport services. The union did well, but ultimately we were always playing a game of defence. Competitive tendering remained the Government policy and the National Government of 2008 to 2017 Public Transport Operating Model (PTOM) supported the continued competitive tendering structure. This model meant bus companies won tenders by bidding low, and the only way they had to reduce costs was to compromise on health and safety or reduce bus drivers pay and conditions.

Above: The Thank You Driver campaign was launched in 2017 to try and protect Wellington drivers jobs and work conditions after the council re-tendered the bus routes. 

In 2016 Greater Wellington Regional Council voted to get rid of the city’s trolley bus network. As one of the last remaining southern hemisphere trolley bus networks, it was a sad day for transport enthusiasts. Much worse, trolleybuses were an environmentally friendly alternative to diesel and the council’s proposed clean energy alternatives were decidedly dirtier. But the clear motivation behind this decision was to break the monopoly of Wellington City Transport, and thus the Tramways Union so to drive down wages and conditions. This project was led by my early political nemesis and former MP Paul Swain. By this stage, he had been elected to the Regional Council, a local authority with a history of disappointing Wellington bus drivers. Swain had also been a bus driver and member of the union in the 1970’s, so had full knowledge of what the consequences of his actions would be.

Sure to form, Paul Swain along with Regional Council Chair and another former Labour MP Fran Wilde proposed tearing down the trolleybus wire and increasing the city’s carbon emission. This was to then promptly followed by re-tendering all the bus routes having redesigned all the bus network so that bus companies could then compete over routes and undercut each other. At one council meeting in mid-2016 Swain was questioned about the possibility of protecting drivers jobs and employment conditions. After a few questions he lost patience, slammed in hand on the table and ended the meeting. This was the extent to which Swain and the Greater Wellington Regional Council considered supporting bus drivers during this process.

By this time I was working at the PSA and was actively looking towards moving to the UK. We had founded Piko Consulting and were starting to run successful campaigns in New Zealand. In early 2017 the Tramways Union contacted us about helping them. They knew things were looking bad with the tendering, and drivers stood to lose their jobs and take significant pay cuts if they had to go to a new employer.

Piko helped the Tramways Union launch the Thank You Bus Driver campaign to pressure the council to protect drivers’ jobs and working conditions. In June 2017 drivers and supporters of the campaign attended a Greater Wellington council meeting demanding that they support the drivers. By this time Chris Laidlaw another former NZ Labour MP, had replaced Fran Wilde as the Greater Wellington Regional Council Chair. The below recording was made by me at this meeting:

This promise would ultimately be broken a year later. In 2017 the Thank You Driver Campaign gained momentum and became an issue during the 2017 General Election with Wellington MP’s and candidates endorsing it. Whilst I was happy this was happening; I knew that in all likelihood the drivers would end up taking a hit.

Wellington City Transport (Go Wellington) retained some of the Wellington City contracts, and the pay and conditions remained largely unchanged. However, they lost a significant number of routes. The Tramways Union with support from the Council of Trade Unions (the NZ union peak body) tried to negotiate with the new contractor, who for months played games and refused to engage with the union. Despite his promises in the above clip, Chris Laidlaw refused to help.

In late 2017 the incoming Labour Government made changes to the PTOM contracting rules. But it was too late for Wellington, where the Regional Council contracts had already been set.

In mid-2018 the change over happened. Many of the drivers who’d been around a while and were nearing retirement chose to take the redundancy payment. The Union had to take legal action to ensure these long-serving drivers got their entitlement, but eventually were successful. In the tragic case of my former colleague and good friend Chris Morley, he died of cancer just a few days after the payment came through. Chris was vice president of the union and carried the weight of the world on his shoulders trying to save his members jobs. I spoke to him a few days before he died and he told me the stress of the last couple of years had likely contributed to him getting cancer.

For those who went over to the new company, they faced a $200 a week pay cut, fewer protections regarding hours of work and rosters and generally much worse employment conditions. As many drivers quit, the new company couldn’t run its services. Thousands of passengers were left stranded on new bus routes they were promised would be more efficient. Wellington had one of the highest levels of public transport use in the country, the Regional Council’s actions destroyed this overnight. An inferior public transport system, worse pay and conditions for drivers and buses that now were emitting more carbon. Local Government decision making at its finest.

Many of the regional councillors responsible didn’t stand again in the 2019 local government elections, realising that after what they had done re-election was less than likely. But the damage had been done. Whilst things have settled down somewhat over the last two years the service is not what it was. Turnover of bus drivers has increased, and the reliability of the service remains much lower than it was prior to 2018.

The Tramways Union continues to organise drivers in the Wellington Region. The Thank You Driver campaign will continue to call for drivers pay and conditions to be restored to their pre-2018 levels. The last few years have not been easy for drivers, but the Wellington Tramways Union continues to be the voice of these workers, as it has been since it founded in 1908.

Earlier posts in this series:

Why Trade Unionism

“Its a shit job, it pays shit money and if you don’t like it you can fuck off” – My introduction to bus driving

Tramways Union: From new driver to union president in 18 months

Go Wellington bus driver lockout 2008

Buses, bikes and pedestrians collide: Unions supporting health and safety

Tramways Union: Strikes, sex scandals and solidarity

Earlier Blog posts about Nick:

School uniforms and the young Nick Kelly

Why the Labour Party

Radical Socialism

University and Student Politics

The Iraq War

Student Fees

VUWSA Campaigns

Blogs and the Political Establishment

The Student Union Building

VUWSA President – the realities of leadership

Post VUWSA Executive

Tramways Union: Strikes, sex scandals and solidarity

I was president of the Wellington Tramways Union from 2008 to 2012.

After the baptism of fire that was the 2008 bus lock out, things quickly turned to internal matters. The branch elections where I had become president were the first in over a decade.

The national council of the Tramways Union, which still had two other branches in Auckland and Dunedin had not met since 1992. After deregulation of the public transport sector in the late 1980s most of the other Tramways Union branches in New Zealand had collapsed. The history of the national Tramways Union had been that national meetings tended to result in vicious fights, particularly between the Auckland and Wellington branches. So, from the early 1990s the union avoided holding the meetings. The 3 remaining branches had operated independently for nearly 20 years, but in 2008 a court case ruled that the national union was still the incorporated body so needed to meet, have elections etc. From 2008 on wards the national council met yearly, with a new constitution making sure everything was legal.

Above: Wellington Tramways Union member Barbara Hunter at picket in Wellington supporting Auckland Bus Drivers who were locked out in October 2009. 

Above: Nick Kelly speaking to protesters supporting Auckland Bus Drivers during their lockout in October 2009. 

The yearly national council meetings were civil, and a useful forum to share information and idea. However, the Tramways Union still functioned largely as 3 separate unions in a federation. The exception to this was when Dunedin buses had a new owner move in. Auckland Secretary and National President Gary Froggett and Wellington and National Secretary Secretary Kevin O’Sullivan had to step in to help negotiations.

One issue the union faced was affiliation to the NZ union movements peak body The New Zealand Council of Trade Unions (NZCTU). The Auckland branch had remained affiliated to the NZCTU, but Wellington and Dunedin were not. Wellington had an affiliation to the Manufacturing and Construction Union whom it also shared an office with, which had several union affiliates many of which were also not in the NZCTU. After some discussion Wellington and Dunedin both decided to join Auckland and affiliate to the NZCTU. I ended up being the main person to represent the Tramways Union nationally at NZCTU meetings from 2009 through to 2012.

On the day to day, much of my time as union president was based on site. I still worked as a driver, though I was given reasonable amounts of time off to perform union tasks. Much of the work was on personal cases, many of which would end up being taken to mediation or some sort of hearing. Usually the dispute was over an interpretation of the Collective Agreement and how this impacted on drivers. Towards the end of my time as the union president the relationship with the company began to improve, and this helped resolve some of these interpretation conflicts.

Above: Go Wellington Drivers attend the Fairness @ Work Protest against Government changes to employment law, 20 October 2010. 

While I was quite able to do personal cases well, my preference was always to work on bigger picture projects. However occasionally there were some interesting personal cases. One that stood out was the driver caught having sex with a schoolteacher in the back of his bus outside a school at 9am in the morning. The CEO of the bus company was driving past, and saw a bus pulled over with a head popping up and down out the back windscreen. When the CEO walked in the bus to investigate the naked bus driver not recognising who had just got on his bus yelled “piss off I’m busy”. A similar case happened in Auckland where a driver was caught having sex in the bus, this driver got an oral warning for going off route.

In 2010 we had bargaining for all 3 major bus companies in Wellington. Two of them had the same owners so alignment was not too difficult, the third had the worse pay and conditions overall and was owned by a different company.

With NZ bus, who owned Go Wellington and Valley Flyer, there were some initial wobbles related to getting drivers released for bargaining which resulted in some minor industrial action. However, once we got to the table things improved. Zane Fulljames NZ Bus CEO opened negotiations by playing The Rolling Stone’s You Can’t Always Get What You Want on his phone. By the end of negotiations, we got a reasonable offer, with penalty rates put back into the Valley Flyer agreement (one of the conditions lost in the early 1990s) and various other improvements. By August 2010 drivers at Go Wellington and Valley Flyer had accepted the offer.

With Mana/Newlands coaches the negotiations were slightly more challenging. Competitive unionism is a major problem in the union movement internationally. A rival union had tried to set up at Go Wellington when I started there, but after a legal challenge and loss of members soon disappeared. At Valley Flyer the issue of competing unions had historically been a problem, but by 2010 the Tramways Union had the most members. At Mana however there had been a messy history of competitive unionism, and a management who were openly hostile. We had several cases of bullying and harassment at that company. Our main delegate on site was sacked and had to be reinstated by the Employment Relations Authority. Another driver recorded one of the managers openly telling her to quit the Tramways Union as she would be better off.

Entering negotiations, we tried to bring Mana into the NZ Bus talks as the latter company did have a small shareholding in the former. This soon proved non-productive. We held separate negotiations with Mana, which soon came to a standstill on issues of conditions, specifically penalty rates. We also were aware that the other union had previously been given more money (as were the non-union members) so determined not to accept a bad deal. Drivers at Kapiti Depot in Paraparaumu took a day’s industrial action during negotiations. Half the shifts were covered by non-union members from other sites. The local paper published a list of all services still running. Unfortunately for commuters the wrong list was published, and the cancelled services were those advertised, so many people were waiting for buses that never came.

Interview Nick did with Aotearoa Workers Solidarity Movement (AWSM) during the Mana/Newlands dispute in 2010

Eventually we got a deal with Mana. We improved the rate of pay and saw that there was no disadvantage with members of the other union or non-union members. However, it felt like we had swallowed a dead rat, as the overall package was poor compared with the other two bus companies. In the following bargaining round after I left Tramways, the membership increased and the pay and conditions improved modestly. However shortly after Mana/Newlands lost many of their service contracts with Greater Wellington Regional Council (GWRC).

It became clear that having one bus company paying better money and having better terms and conditions than its main competitors nationally would not be sustainable. Further, having half a dozen unions competing over the 30% of bus drivers who were unionised in New Zealand whilst ignoring the rest was foolish.

In 2011 the Wellington Tramways union started a campaign to focus on signing up new drivers to the Tramway Union, with a focus on companies where membership was weak. Kevin Atkin from the M&C Union and I began a three-month campaign to sign up new members at 3 bus companies, Runcimans, Mana/Newlands and National Coach Services (NCS). We were most successful at the first site signing up several drivers very quickly. We used to try and meet people outside of work as we found drivers were more comfortable talking openly about their workplace away from the bus depot. Mana/Newlands proved to be slow going as many of the drivers were reluctant to join for fear of repercussions from their employer. A common response was that they would join if others did, but few wanted to go first.

For NCS, Kevin and I met with the then NZCTU president Helen Kelly (no relation) who approved some funding to help us do recruitment work. Further we got some organisers from the New Zealand Education Institute (NZEI) the primary school teachers union, to help us run the recruitment campaign as they wanted to learn new ways to organise. Being a small company with a casual workforce this did not prove to be an easy task, but nonetheless we made some gains.

By the end of 2011, my term as President was nearing the end. I had always planned to go travelling after University. What I thought would be a one- or two-year stint on the buses had turned into five years. By that time, I was a regular in the New Zealand media representing public transport workers. I sat on the National Affiliates Council of the NZCTU, and at age 26 was the youngest person there at that time (other younger leaders came onboard later). Both Tramways and the M&C Union had talked to me about potentially moving onto other national leadership roles within their union.

My decision to leave was twofold. Firstly, for me I found the siloed nature of the Tramway branch structure limited. Whilst it often served local members very well to have a small local structure, I could see that to organise the five major bus operators in New Zealand a national strategy was needed. The level of cooperation between the transport unions was nowhere near adequate for this, and it was clear this would not be changing anytime soon, despite the best efforts of several us. The second reason was I could see for me, I could see professional development opportunities in working for one of the larger NZ unions.

Link: Media release when I finished as President of the Wellington Tramways Union 

It took some time to get my foot in the door at another union. Despite the best efforts of the NZCTU President and Secretary (both sadly now deceased) and others, I had to apply for about a dozen or so roles. Eventually in 2012 I got a role at the New Zealand Public Service Association where I was to spend the next five years of my career, again for a longer period than I’d previously planned.

Earlier posts in this series:

Why Trade Unionism

“Its a shit job, it pays shit money and if you don’t like it you can fuck off” – My introduction to bus driving

Tramways Union: From new driver to union president in 18 months

Go Wellington bus driver lockout 2008

Buses, bikes and pedestrians collide: Unions supporting health and safety

Earlier Blog posts about Nick:

School uniforms and the young Nick Kelly

Why the Labour Party

Radical Socialism

University and Student Politics

The Iraq War

Student Fees

VUWSA Campaigns

Blogs and the Political Establishment

The Student Union Building

VUWSA President – the realities of leadership

Post VUWSA Executive

Buses, bikes and pedestrians collide: Unions supporting Health and Safety

When one talks to people about unions, if they have heard of them, they generally think of them running campaigns to get more money for members. This is indeed one of their key functions. However, a good trade union should be doing considerably more than just this.

One of the major things that unions do is campaign for health and safety. Some prioritise this significantly more than others. In a world where people must sell their labour power to live, at a minimum they should not lose their lives at work. Yet every year thousands of working people globally go to work and never come home.

When you work in the transport industry, health and safety is something you need to be aware of every minute. As a bus driver you are responsible for getting hundreds of passengers safely to their destination each day. Drivers must navigate busy narrow streets, and try to avoid hitting cars, pedestrians, and whatever other obstacles the city tries to throw at you.

Early in my time as Tramways Union President, it became clear that there were some significant health and safety issues the union needed to champion. When incidents happened in the city, media reports tended to automatically blame the driver or imply the bus driver was to blame. If someone runs out into the road without looking, is it really the bus drivers’ fault that they couldn’t break in time? It was clear that bus drivers needed a voice, and the union needed to be that voice.

In 2009 the bus company ordered several new buses. Investment in the fleet was of course welcomed by everyone. Initially there was a degree of consultation with drivers about the design and layout of these vehicles, but when drivers started asking tough questions this soon stopped. New buses were ordered with dashboards which were significantly higher than in the older ones. In earlier buses you could see 2.5 meters in front of the bus from the driver’s seat, in the newer buses the dashboard meant you could only see 3.2 meters ahead. The design was taken from long haul truck and coach vehicles but was totally inappropriate for urban driving. Tramways Union Vice President Chris Morley was particularly vocal about this having been one of the drivers to first raise it. Eventually, the buses with these higher dashboards were retrofitted with mirrors so drivers could see the space blocked out by the high dash.

In a city with narrow streets and generally poor road layout, cyclists are a hazard. Inner city cycling is immensely popular these days and they have vocal lobbyists. Former Wellington Mayor Celia Wade-Brown used to cycle to work and told a National Radio reporter that the city needed to “civilise the bus drivers.” Aside from the middle-class contempt for low paid workers, this showed a considerable lack of understanding by the Mayor as to what the issue was. A decision was made by the council to allow cyclists to use the bus lanes. So 5pm, on a dusky late autumn evening, you are driving up a bus lane past the Wellington Botanical Gardens. You go around the corner and there is a cyclist in the middle of the lane, not wearing reflective clothing and not moving fast. On your right there are cars and there is extraordinarily little room to get around the cyclist. If you stick behind them the bus will run late, but when you overtake the cyclist, they scream blue murder and get irate that you got too close to them.

In 2010 I was part of a bus drivers and cyclists forum where the goal was for each group to get a better understanding of the others perspective. The Campbell live clip of this can be viewed below:

One of the major health and safety issues, aside from the design of the vehicle was the design of the city streets. In 2010 Wellington City turned a pedestrian Mall in Manners street into a main bus carriage through the city CBD. The city planners felt this shouldn’t create any major problems, especially as they lowered the speed limit to 20km per hour.

Within a week of the Manners Street bus carriage opening there were 3 people hit. At first drivers were accused of speeding. This was proved false when those signs showing drivers speeds were put up through the route. The trolley buses, being electric were notoriously quiet, and because they were going under 20km per hour pedestrians did not notice them. Also, after 30 years of Manners Street being a pedestrian mall, old habits die hard and people continued to walk through the street.

I issued a statement saying if the council did not put adequate safety measures in place, drivers would boycott the route. This threat got significant media attention.

Eventually after the council transport team agreed to meet with the union. From this and continued pressure, some safety measures were put in place – such as barriers or additional signage.

Earlier posts in this series:

Why Trade Unionism

“Its a shit job, it pays shit money and if you don’t like it you can fuck off” – My introduction to bus driving

Tramways Union: From new driver to union president in 18 months

Go Wellington bus driver lockout 2008

Earlier Blog posts about Nick:

School uniforms and the young Nick Kelly

Why the Labour Party

Radical Socialism

University and Student Politics

The Iraq War

Student Fees

VUWSA Campaigns

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Go Wellington bus driver lockout 2008

20 days after being elected President of the Wellington Tramways and Public Passenger Transport Employees Union (we just called it Tramways), drivers at the Go Wellington bus company I worked for were locked out. The city nearly ground to a halt with thousands unable to get to work and traffic congestion a nightmare. Certain journalists were quick to call this a communist conspiracy. Then Council of Trade Unions President Helen Kelly even warned me not to keep doing media as it would be used against the drivers – I ignored her and she later admitted I did very well.

In September 2008 it seemed likely NZ Bus and the Tramways Union would be heading into dispute. However, in the final day of negotiations, after a number of “final offers” from the company that were well below what drivers were asking, the company did offer something we felt we could take back to union members. The background was that globally the financial crisis had hit, and there were fears that if we didn’t take the offer, we may end up worse off. Graeme Clark from the M&C union was strongly of this view. The members were of a different view.

Drivers voted 2:1 to reject the company offer. On September 24th the Tramways Union were set to hold 1-hour stoppages during the morning peak hour commute. The company responded by issuing a lockout notice for all union members on September 25th 2008.

On the morning of the 24th we commenced our industrial action as bus drivers. Managers were running around the Kilbirnie bus depot in a panic. There was a bit of confusion as to what the action was – so as the union president I needed to intervene. A decision was made to gather drivers at The Wellington Station bus depot. Three buses left Kilbirnie depot bound for the station – I was later accused of stealing all three, a level of multi-tasking even I am not capable of. I also jumped on the radio and called on all drivers to finish their current runs and proceed to Wellington station. One driver over the radio asked, “who is this” so I replied, “this is Nick Kelly, Wellington Tramways Union President, please all finish your trip and proceed to the rail.”

At the rail a mass gathering of drivers was held in the station in full view of thousands of passengers trying to get to work. Graeme Clark rallied the troops and talked about how we would outlast the company in the lockout. I started doing media interviews on TV, radio and print media. My colleague Kevin O’Sullivan the Union Secretary was at first reluctant to do media interviews, so I made sure media got in touch with me.

Probably my favourite clip was the Campbell Live interview done while I was driving my afternoon bus run. This was screened at 7pm on the evening of the 25 September 2008 and can be viewed here:

The lockout on the 25th of September only lasted a day. Not a single bus left the Kilbirnie or Karori bus depot. By lunchtime businesses were crying out for the dispute to end, not least because Wellington was hosting the World Wearable Arts Festival that weekend, and no public transport would cause havoc. Deputy Mayor Ian McKinnon, who served with me on the University Council, called on the bus company to look at its wage rates and urged both sides to end the dispute. By 4pm the lockout was lifted.

Above photos taken on the picket outside the Kilbirnie bus depot in Wellington, NZ 25/09/2008. 

Link: Dominion Post columnist Karl du Fresne claiming Marxist agitators Graeme Clarke and Nick Kelly had inspired the dispute at Go Wellington

In negotiations we were able to secure an 11% increase on all printed rates over 22 months, with 7% backdated to the start of April, though the company took weeks to pay this. The union also managed to stop any claw-backs of hard-fought conditions.

The final agreement of the deal was that any potential litigation from the lockout would be dropped. Go Wellington had made an error when issuing the lockout notice and not printed the names correctly. More significantly they had locked out the controllers (the people who did bus dispatch and were first response on the radio). In exchange the deal was the company wouldn’t take any disciplinary action against me for “stealing 3 buses.”

Tramways Union members voted 2-1 to accept the deal. There were a few drivers who felt we should have held out for more, but the prevailing view was that we would take the offer and come back in 22 months. This also meant the expiry date for this agreement aligned with that of the two other major bus companies in Wellington (one also owned by NZ Bus), meaning we would be negotiating for all drivers at once in 2010.

The lockout was a baptism of fire for me as the union president and for the rest of the new union executive team. The dispute established our authority as union leaders and united the bus drivers. By the end of 2008 all but one of the 300+ Wellington bus drivers were in the Tramways Union.

Earlier posts in this series:

Why Trade Unionism

“Its a shit job, it pays shit money and if you don’t like it you can fuck off” – My introduction to bus driving

Tramways Union: From new driver to union president in 18 months

Earlier Blog posts about Nick:

School uniforms and the young Nick Kelly

Why the Labour Party

Radical Socialism

University and Student Politics

The Iraq War

Student Fees

VUWSA Campaigns

Blogs and the Political Establishment

The Student Union Building

VUWSA President – the realities of leadership

Post VUWSA Executive

Tramways Union: from new driver to union president in 18 months

My first year or so on the Wellington buses I was just learning the ropes. Firstly I had to learn all the bus routes. Then I had to remember to stop and pick up passengers. Thirdly I had to relax driving something the size of a small building around the narrow hilly streets of Wellington – many of which are narrow in the car.

Unionism played a prominent role in the life of the bus depot. As mentioned in my previous post, at the time I started there were two unions (one brought in by the company) trying to sign up new drivers. Our first couple of weeks training were held away from the bus depot. Our trainer was clear when asked about the union situation – “don’t join the tramways union, filthy Phil is no good.” Filthy Phil was the long serving secretary of the Tramways Union. He was well known for wearing shorts and jandals all year around. He’d been the secretary at the time of the bus company being privatised, where the union had against the odds held on to penalty rates and other conditions of employment. Not surprisingly, he made a few enemies within the bus company.

My first involvement with the Tramways Union was giving evidence in the Employment Relations Authority that during training the company had promoted one union over the other. The Filthy Phil quote was included in my evidence. The Tramways Union eventually won the case and the other union were no longer on site.

My first drivers stop work union meeting was an eye opener. It had been some years since the Tramways Union had held full branch elections, and a number of drivers were irate. Further drivers were very angry about the company trying to attack penal rates. Phil attempted to run this meeting amid constant heckling, in particular from one vocal driver called Josie Bullock who seemed to have a real axe to grind with the union. The purpose of this meeting was to approve claims for the next bargaining round. At the end of the meeting they were nominating members of the bargaining team. I hadn’t really thought about it, but before I knew it one of the drivers had nominated me. So a few months after starting I was representing drivers at negotiations.

The first bargaining meeting was interesting. The company presented their claims, which from a driver’s point of view looked like the script of a bad horror movie, where conditions were slashed and where the company would shift the balance of power firmly to the employer and a long way away from the drivers. Examples of this were the reports, complaints and enquiries procedure in the collective. The existing clause had a robust process for investigating complaints which incorporated the principles of natural justice. The company proposed to replace this with wording that would have made it much easier to sack bus drivers on flimsy complaints. As a negotiating team we worked hard to stop that. We also tabled our own claims, which included a significant increase to all printed pay rates in the agreement. By the end of the meeting it was clear we were miles apart.

At the start of the next negotiations, the union decided to meet a few hours beforehand to plan our response. Phil was half an hour late. We tried to call him but he wasn’t there. Kevin O’ Sullivan the union president and Graeme Clarke from the Manufacturing and Construction Union (who was advocate for the workshop workers) went around to Phil’s house. When they got there they discovered he had died.

Phil’s funeral in June 2008 was well attended, and buses in the city stopped for hours. Phil had played a massive role in the Wellington Tramways Union, and there was concern about what would happen to it now he was gone.

Negotiations continued, and we as a bargaining team made some progress on getting the company to moderate their position. However getting movement on pay increases was slow. Mediation services got involved with the hope of bringing us together. However we felt it was likely that industrial action would follow.

At first I hadn’t seriously considered running for the union executive. Kevin O’Sullivan the president had become acting secretary and was considered the front runner for the role. Former union president Morris Dawson had joined us on the bargaining team, but he didn’t want to be more than a site delegate at that time. Chris Morley was considering running, but was more interested in the Vice President role. Kevin O’Sullivan asked if I’d consider running, and my initial response was that I was too junior. But I thought about it. I then remembered that my old adversary from the Labour Party, Paul Tolich, had once been the Tramways Union President. Shortly afterwards I decided to run.

Karori Depot bus driver and friend Alan St John. After the 2008 Tramways Union elections Alan joked “Chris Morley, Kevin O’Sullivan and Nick Kelly, the bloody Irish Catholics have taken over the union

Page 7 of this Rail and Maritime Union newsletter reports on the Tramways Union election and looming industrial dispute at Go Wellington.

I was elected by a fairly sizeable majority, as were Chris and Kevin. The negotiations were progressing, but we still hadn’t lifted the pay offer to an amount that drivers would accept. My first few weeks as Union President were about to become very busy.

Earlier posts in this series:

Why Trade Unionism

“Its a shit job, it pays shit money and if you don’t like it you can fuck off” – My introduction to bus driving

Earlier Blog posts about Nick:

School uniforms and the young Nick Kelly

Why the Labour Party

Radical Socialism

University and Student Politics

The Iraq War

Student Fees

VUWSA Campaigns

Blogs and the Political Establishment

The Student Union Building

VUWSA President – the realities of leadership

Post VUWSA Executive

“Its a shit job, it pays shit money, and if you don’t like it you can fuck off ” – My introduction to bus driving

In April 2007 I became a bus driver in Wellington. A job which originally I thought would last a few months ended up being a five year assignment.

My induction from the depot manager Bruce Kenyon was a great introduction into the working class. His words to us new drivers were “Its a shit job, it pays shit money, and if you don’t like it you can fuck off.”

Why did I become a bus driver when I finished University?

I have been asked this question many times, and given various answers over the years. Well in an exclusive to this blog (which I have been told is all about me – yeah take a look at the blog name haha), I will give the real reason.

At the end of 2006, I finished up as Students’ Association President. I had various offers of jobs, mostly through connections I’d made in the university. These offers would have given me some good career paths into the public service, or further within the university sector. I even had some options to pursue a role using my history degree for one public entity. I do wonder what would have happened if I’d followed one of these paths instead. But 24 year old me had other ideas.

In early 2007 I was still very much a follower of socialist politics, and had only been kicked out of the NZ Labour Party a few years prior. I had some earlier experience working at the ferry terminal in Wellington as a student, where one of my jobs was driving luggage trucks on and off the boat. But this was next level.

My usual car is a 1982 Toyota Starlet which you can follow on Facebook. So driving double axle buses through a city with notoriously narrow hilly streets was a challenge. In my second week on the job I managed to demolish a cleaning shed at the depot, learning that in large diesel vehicles, you need to wait for the air to build up before you move.

Within 18 months I was voted one of the top three bus drivers of the year in Wellington. I had regulars who would bring me coffee and biscuits, even the odd offer of weed (I didn’t accept). It became a job were I made life long friendships and really grew and developed as a young adult.

Capital Times on Nick being voted “Go Wellington’s best bus driver”. 19-25 November 2008

Why did I decide to go this way? In early 2007, Stagecoach Wellington (soon to become NZ Bus) decided to change all the drivers’ shifts. The aim was to cut penalty rates for drivers. In the late 1980s, the government deregulated the public transport sector. The result was councils having to privatise the bus services and run competitive tendering processes. In most cities drivers faced job losses and significant cuts to pay and conditions. In Wellington, the Tramways Union, (founded when the city still had a tram network) managed to hold this off. One reason for this was the trolley bus network, which created a barrier to entry for bus companies. Instead of breaking up the city network and having companies undercutting each other on tenders (and cutting drivers pay to cover it), in Wellington, Stagecoach and later NZ bus kept all of the CBD networks till 2018. The other reason drivers in Wellington maintained their penalty rates and other employment conditions, was that the vast majority of drivers belonged to the union.

In 2007 there was an attempt to break the union. Another union was brought in and they offered an inferior collective agreement where there was no penal rates or other conditions, but had a marginally higher hourly rate. Few drivers bought into this, despite the company actively pushing them. The shift changes made in early 2007 were designed to cut hours back so there would be less overtime, thus encouraging drivers to give up penalty rates. This didn’t work.

Fellow socialist Don Franks suggested I work on the buses for a bit. He’d been talking to a driver called Chris Morley who was active in the union. They thought the job could do with a firebrand who wouldn’t be afraid to lead the drivers into battle, and that I was the perfect candidate.

They weren’t wrong…

Previous posts in this series:

Why Trade Unionism

Earlier Blog posts about Nick:

School uniforms and the young Nick Kelly

Why the Labour Party

Radical Socialism

University and Student Politics

The Iraq War

Student Fees

VUWSA Campaigns

Blogs and the Political Establishment

The Student Union Building

VUWSA President – the realities of leadership

Post VUWSA Executive