No progress in Ports dispute

About now the union’s will be claiming victory in the Ports dispute. Unfortunately for them the facts get in the way of spin. Ports of Auckland have issued the following Press Release:

During an Employment Court hearing today, the parties agreed that the union’s arguments regarding lockouts would be adjourned until 11:00am on Friday 30 March.  This was after the union accepted the company’s offer, which it had made in good faith, to pay MUNZ employees who lifted their strike notice and who are available for work this week.  This agreement is in place until the court’s hearing on Friday.

The injunctions regarding the alleged lockouts will be dealt with by the court on Friday, at which time the court will address the evidence that Ports of Auckland and the union have provided regarding the health and safety concerns held by the company.

Ports of Auckland consented in court today to orders being made which reflected its earlier undertakings in relation to not progressing its decision to contract out until the Employment Court is able to consider the Union’s claim.  That will now take place at a hearing commencing 16 May.

In relation to the current health and safety issue, the company has been very clear that it has health and safety obligations to all its staff.  It has stressed to the court again today, and will certainly do so again on Friday, that it takes such concerns very seriously.

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

The bottom line is that MUNZ failed to convince the Employment Court Judge that an injunction should be issued immediately. No injunction is currently in effect.

Ports of Auckland has agreed to pay wages for those MUNZ available for work this week…which in and of itself will be interesting because MUNZ now has to prove how many members it has left that are actually available for work. I suspect they are about to be embarrassed by just how many have bolted either to other jobs or overseas.

Despite Garry Parsloe’s assertions to his member, they union members are not back at work, and the Port continues to operate without them.

 


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  • Random66

    Whew! Glad to see you have cleared this up for us, because I for one actually believed the bullshit propaganda the union has released to the media and was hugely disappointed.

    • Whafe

      Yep, sad but true, the pathetic outfit that is MUNZ, knows no different except to talk constant lies & BS and while the topic of the C-Bomb is about, nothing but a pack of CUNTS

      • sue

        Dislike your language.  It is ignorant. 

      • Whafe

        Sue, point taken, the BIG C word was in jest re another post specifically on the C word.

      • LesleyNZ

        Stop it Whafe. No need for such lauguage.

      • davcav

         I have to say as well that the C-bomb should not be applied to MUNZ members. It is derogatory and shouldn’t be used like that in this forum. The correct terminology should be “a gaggle of limp-dicks”, because LD’s are no use at all…

    • Gandalf

      Most media appear to be announcing the rushed statement that the Union took to them, while the Ports take their time to word theirs correctly so that the truth comes out. Some media are altertering their stories.

  • Taillight

    I’m a bit disappointed that the legal system will be slowing everything down which will suit MUNZ and not POAL.  I believe that POAL will stay true to their goal – no business could carry on and survive the way they have been in this current climate, but MUNZ will get the sniff that if they can keep up this deal of getting their workers paid even if they’re locked out they’ll do everything they can to keep it going knowing it will stuff POAL and the non-union workers inside. 

    I say this also because I’m with rail and we are being hammered with all the extra boxes being shifted all over the country.  How long can Port of Tauranga keep up trying to service the bulk of North Island shipping?  What about everyone else who is having their lives disrupted by either lack of supply chain or working in chaos because of trying to keep the supply chain going.  I hope the judge takes all this into consideration when looking at this case as it’s not just MUNZ and POAL’s relationship at stake here.

    • They will only get paid until the lock out takes effect next Thursday…so another weeks wages and that’s it.

      • Whafe

        Taillight – You are 100% correct, but the first living brain donors that are MUNZ will not be thinking about the rest of the country that is being effected, they will be telling themselves that they are helping all workers in NZ….

        May MUNZ rot in the proverbial brown stuff

    • Taillight

      Yes, a week is not too bad compared to the decades they’ve been parasitically sucking the life out of the port. 

      MUNZ = Vampires of the economy

      • davcav

         Vote MUNZ  ;)

  • Phar Lap

    Seems compliments of the employers ,the smashed wharfies union got a claytons victory.Parsloe and his gang should not forget that good faith decision by the employers,if they do we wont let them.

    • Taillight

      It must also be another demonstration of “good faith” on the part of POAL which the judge cannot ignore whereas MUNZ have not adhered to the judges advice and continue to court the media with premature victory speeches and attacks on POAL.

    • what did you have in mind there..phar lap..?

      ..aside from keyboard-warrioring..?

      [email protected]

      • Phar Lap

        Its a secret.You decide, you know everything about nothing. Like i told you a few weeks ago you wouldnt know if the town clock was up you.

      • Arnold

         you are such a dickhead

      • BJ

        ………………………..phi………………lip………………….
        ……………………….you’re…………..fading………………out……………………………………………………mate………………………………………………………………..

  • AngryTory

    union members are not back at work, and the Port continues to operate without them.
    That’s progress, Whale!  every day that is true, that’s progress!

  • grumpy

    Is someone at TVNZ shagging Kelly???

    • Philip ure a cock

      Where’s Paul Henry when MSM actually needs him: “that woman has a moustache…and it’s bigger than Parsloes'”

  • Doshi

    Look people I feel for you as there appears to be a bit of hurt here with the comments.
    As you can all see where this is heading,you need to settle down ,take up some other issues.
    The way you all have reacted to our victory here,shows there is a bit of paranoia amongst you.
    Please do not use the word CUNTS as that shows a big weakness from you.
    Tail light i think you are a member of the powerful RTMU and you deserve that.
    But to all of you just take what has happened and get on with life
    It really is not a good look.
    Proud to be a victorious wharfie

    • Hawker

      If by victory you mean getting 2 weeks wages for the last time ever from the ports as MUNZ members then good on you.

      Perhaps it maybe seen as a victory for the ports as this will be the cost to have you gone for good.

    • Bunswalla

      Bit of a pyrrhic victory though, eh doshi?

    • Salacious T Crumb

      A proud wharfie? Surely you abdicated that title when you put the interests of the union ahead of that of the port (you know those guys who pay your wages).

      But thats okay Doshi. I pardon you.

    • Mully

       Victory? Mwahahahahaha.

    • Markm

      Doshi

      It dosent matter wether the union won and you went back to part time work , full time pay.
      You will still a wharfie , a pariah in decent society.
      You lose even if you win.

      However you won’t win

    • SpongeBlob

       What victory? You’re still not working.

      • Adybombs

        That’s a victory to those lay about, getting paid 40 hours for working zero hours  instead having to do all that hard graft for 26 hours. The union finally delivered what they were really after

    • Biker

      You know, I’m thinking you’re a lot more like Danny Boy

    • Taillight

      I hear you but I’m working on a yawn that will keep me busy for a while

      • J.Key is a maggot

        take it easy tailgunner mum will release your buttplug,but promise to stop going on and on and on about old news.

    • hugo

      Doshi or coach (am i right???)you only won a battle and that is because poal let you, they offered to pay the wages, that is if the statements from media are correct. It does not matter who wins or losses at this point, it is the END GAME that will decide who are the winners. How long can you guys afford to stay locked out??? when does the bank come knocking and ask for your keys to your home? I really hope you made the right choice!! Family first blood….. not so called mates

    • LesleyNZ

      Doshi – agree about the language but why are you so loyal to the Union? Why don’t you take control of your own life instead of having the Union bosses tell you what to do as they take your Union fees. They won’t lose out. MUNZ has to modernise and stop the bully tactics of yesteryear’s Unions.

    • Tramper

      Oh Doshi, or is it Danny? If you can use the word scabs, anyone can use any word against you so don’t pout. It’s ugly, like you. I’ll let you gloat over all if these insignificant victories as it’s the final result that counts and it’s far from over!

  • David

    Don’t want to turn into a conspiracy nutter but I get the impression that Len has put the hard word on Pearson. Why? Because Pearson said he had a rock solid case and was determined to push through on stuff and now he seems to roll over in the employment court negating the need for a judge to make a decision and secondly the union flunkies have stopped flaying Len at every opportunity.

    • grumpy

      I think you have hit the nail on the head…………….

  • there is also the relevant point is that any hiring of casuals is stopped..

    ..until the big battle/hearing day in may…

    ..and all these things pearson said wouldn’t happen…

    ..have happened…

    ..and all the things he said he would do…

    ..haven’t happened..

    [email protected]

    • Mully

       Why on earth can you not write a coherent post?

      Did you get a big box of “,,,” for Xmas?

      • Steve (North Shore)

        No. POAL is working, Containers are moving out.
        A container full of ‘full stops’ was delivered to phool sometime over the weekend.
        He has a supply now so he is using them on Kiwiblog as well.

        Just try to write without them Phillip Ure, people will respond

      • Frosty

        I thought the full stops were an abstraction of an aerial view of MUNZ members lining up for the dole…
        They are all together, but fractured – both united and separated – by words that don’t make any sense. And in a more general sense, the writing style simply doesn’t work – incoherent just like MUNZ.
        And he manages to sign at the bottom every time.

        So let’s not try to make sense of Phil’s posts, and appreciate the artistic merits!

    • Biker

      All the things that Pearson have said will happen – will happen.
      POAL are taking the high road and doing everything by the book and making sure all the i’s are dotted and the t’s are crossed. 
      When MUNZ first went on strike they did it over 3 jobs that were contracted out from Axis Shuttle.  POAL went through a process of consultation and followed all the legalities and offered the men, redeployment or redundancy.  Then nearly 2 years later MUNZ decided to strike over it.
      POAL must make sure nothing comes back to tie them up in stupid legal battles in court so they are doing the business.  Every day that MUNZ are not allowed on the wharf POAL is making its aims a reality.

      Parsloe and Fantasy Island Helen Kelly are the ones that have made statements about things that would happen and they haven’t.

      I’m not sure why I should bother with a reply to you as I know I will get some ….. reply

      But here’s to having a great evening everyone.

      • Random66

        Seen as you appear to be in the know Biker, here is a question (or 2). Given that PoA would have expected that they would have been in a position to employ contractors long before May 16th, how do they now mean to man the port to gain greater efficiency between now and then.  Surely being able to limp along is fine for a while, but no one, including I’m sure PoA management thought this would be such a long winded affair. Can they hold on doing what they are now until mid May or do you think they will have to allow those union workers who previously had guaranteed shifts to return?  I’m certainly pro PoA management, but we also need containers/product coming in on time to meet project deadlines.  Just wondering.

      • Biker

        There would always have been the potential for it to drag out.  Port reforms here and around the world have been bogged down in striking and legal battles for months and in some cases stretched into more than a year.  When the negotiations became deadlocked POAL management must have been aware that this could happen and planned a contingency.

        The inconvenience to customers is something POAL have been super mindful of, yet the shipping lines have told them to get it sorted out once and for all.  So now is the time to do it right.

        I think 2 things:

        1. I believe they won’t be able to come to a new CEA agreement. POAL will then push for legal rights to contract out and MUNZ will appeal and try more injunctions and delays.  Unless POAL have an ace up their sleeve it could be more like June/July before they get the contracting companies onto the port and working.

        2.  The MUNZ membership will go through a metamorphosis. You have to do a certain amount of hours on the picket line in order to get the $300 MUNZ financial aid and it’s not much to live off if you’ve got a mortgage, HP and kids to feed.  The MUNZ members will start to peel off, either crossing the line as individuals and going back to work at the port, or leaving to work elsewhere.  As the number of MUNZ weakens their voice will become less strident and less relevent.

        The port does have other options.  It could fly in straddle drivers and crane drivers from overseas to augment the compliment of staff that they already have. It could work out something with Port of Tauranga, if enough MUNZ members cross the line and go back to work they’ll be able to work a 2nd shift and run 24 hours a day 5 days a week – I don’t know what they will do, only that they have got options.   It will depend on how long, in their judgement, the process is realistically going to take, and if it’s too long to put that stress on the small team inside the fence, they’ll move with other options to ease the pressure and to try and deliver as much service as they possibly can to keep the customers they still have. 

        Of course all the way along, MUNZ will be trying to stymie every step they take.

        And if by some freakish streak of legal loophole leaping MUNZ win and go back to the port victorious, I predict they will strike again in two years time when negotiations come around again.

    • Big Bruv

      Got a job yet Phool?

    • Tramper

      Like what?

  • LinkinHawk

    they shouldent be paid a cent ,they are not at work.when is the insanity going to stop, i cant beleive how much money is just thrown at these guys , the head honchos at the ports must tear there hair out at the amount of cash they simply give away for nothing in return

    • hoha

      They would have saved thousands if not millions on wages when munz were on strike, so paying them a week and a bit wouldn’t bother them. And to all you union supporters who think this to be a victory do you really believe that the ports wouldn’t have thought that legally they would have to pay these guys come on how dumb are you really if you think that.

  • Owl

    Just saw the TVONE new article

    Observation:
    SOME workers will be paid – SOME
    Legality questions still to be ANSWERED
    “Auckland City Council need to get off the fence” – why? MUNZ appeals should have been strong enough in court – maybe they werent an additional political support needed.
    Counted on slow motion only 20 odd strikers around Kelly and Parsloe – where are the other 272???????????????????????????????????? – for such an important announcement
    One person was wearing a UNION FRST glow jacket (so rent a crowd are in there) – take that down to 19.
    If matters are urgent – why delayed until May?
    POAL has reserved their rights – actually it probably fair to say now – the courts will decide who is right and wrong now – a good test of “good faith bargaining”

    True story – location and details irrelevant but today I was with a group of blue collar workers – 4 to be precise and the conversation got onto the Ports Dispute. These 4 people said that they thought MUNZ was too greedy. I didnt egg them on at all…they brought the conversation up. Was just a very very silent observer. My thoughts were this – they have mirrored the opinion polls.

  • Anonymouscoward

    In yacht racing it is good tactics for the leading yacht to cover a trailing opponent just in case they get a lucky break such as a wind shift and get in front.

    The wizard industrial relations managers at the port, who some here bow down in supplication to their powerful ju-ju, stuffed up.

    They should have issued lockout notices to the striking workers that mirrored the strike notices received. These lockout notices would have been in force when the union unilaterally withdrew their strike and kept the union off the wharf.

    Now to keep the union of the wharf they have to pay them.

    A Bronx cheer for the wizard industrial relations managers please.

    • In Vino Veritas

      Anonymous, don’t you think that POAL deliberately refrained from issuing lock out notices? Yes, you are quite correct about covering, but in order to take the high ground, they have left the lockout notices til now, to marry with the withdrawal of the strike and the subsequent “H & S” issues they are going to have. By the time the court hearing takes place, and a decision has been handed down, the lockout notice will be in effect.

      • BW_Lord

        Plus with the ‘strike’ finished, before the lockout comes into official effect theres a far greater chance of munz strikers leaving the line. As someone says above $300/week assistance from munz is nothing to live on.

        No I think they did the right thing, and all this does is continue to build the good faith rock thats tied around the munz cases’ ankles.

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  • Jester

    Regardless off MUNZ propaganda it’s over.

    The context of yesterday’s court action was quite important. Nothing has changed from POALs. Meanwhile MUNZ continue to fluff around the edges of the dispute trying to fight several fires.

    Two sentences are important in the press release.

    “This was after the union accepted the company’s offer, which it had made in good faith, to pay MUNZ employees”

    “Ports of Auckland consented in court today to orders being made which reflected its earlier undertakings in relation to not progressing its decision to contract out until the Employment Court is able to conside….”

    I think I said in an earlier topic that POAL are playing the long game and also there is a initial financial cost in purging the ports of MUNZ.

    • Jester

      The two important snippets of the quoted test is:

      “in good faith” and “it’s earlier undertakings”

  • Bilcaro

    The POAL management are on their way to getting  their arse’s handed to them. Just remember you red it here.LOL 

    • Yes William…sure you are.

      • Bilcaro

        Thanks Cam….. just shows the type of people you are playing with on here…..losers that dont want to lose

    • In Vino Veritas

      Arses handed to them? Where has that been written before – oh! the Standard! Excellent, lets recap shall we?

      1. MUNZ members went on strike
      2. MUNZ members not getting paid
      3. MUNZ members get a weeks pay at the largess of POAL (see court docs)
      4. MUNZ members kept off wharf because of H & S issues (MUNZ historically have been thugs – see various comments of members on internet)
      5. MUNZ gets interlocutory injunction issued which confirms defendants voluntary  concessions from court March 21.
      6. MUNZ has lost cases in Lyttelton Port Co Ltd v MUNZ [2012] NZEmpC 44 [Chief Judge Colgan, 7 March 2012], CentrePort Wellington Limited v Maritime Union of New Zealand & Anor.[2012] NZEmpC 43 [Judge Ford, 6 March 2012]
      7. MUNZ issued lockout notice
      8. MUNZ members to recieve no pay during lockout.
      9. MUNZ to appear in Employment court as plaintiff disputing redundancies at POAL.

      And therein lies the nub. Most of this is just MUNZ delaying and obfusicating. Real issue: MUNZ to dispute redundancies which are still in train. If they lose, MUNZ = toast.

      Arses to be handed out then, I guess, and the odds are still heavily with POAL. 

    • Doug_S

      There are none so blind as those who will not see and there are none so deaf as those who will not hear Bilcaro. MUNZ has already lost, they did so last year when they refused what was a good offer from POAL.

  • grumpy

    Hate to say it, but MUNZ may be on a win here.  Like it or not, they have played the media much better than PoAL.  As commented much earlier, there is a very strong possibility that Brown has put pressure on Pearson.

    I think rumours of MUNZ’s demise may have been exaggerated…………….

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