Unions

Unions

Trade Unions are organised associations of employees within a trade or a group of trades, or profession, formed to protect and further their rights and interests.

There are over 350,000 New Zealand employees who are union members.  These union members are represented by 40 or so unions. 

Unions have been a large part of New Zealand society and have influenced greatly the employment conditions and rights, New Zealand employees enjoy today.

Quick Links 

 Who needs this information?

• Employers
  
• Anyone who wants to join a union
  
• Anyone who wants to know about union membership rights
• Anyone who wants to know about union access rights and other union administrative matters

Employees have an absolute right:

• to choose to join a union or to choose to not join a union
• to join a particular union in preference to joining some other union
• to resign from a union.

It is illegal for anyone to use "undue influence" to try to make another person join or not join a union or to resign from a union.

 Undue influence may include:

• an employer threatening to make life difficult for, or dismiss, someone unless he or she resigns from a union
• union members engaging in actions to intimidate non-members, or vice versa.

How to join a union

The relevant union can advise you what you need to do to join. If a union or unions are present in the workplace, you will be able to find out contact details from existing union members.

 If not, the NZ Council of Trade Unions (CTU) has a Union Directory [external site] on their website listing the contact details of CTU-affiliated and non-affiliated unions, and a facility called Find Your Union [external site] which lists CTU-affiliated unions for specific industries or occupations.

Find your Union

Union members' rights

Employers may not:

• decline to employ someone because that person is a union member
• offer inferior terms and conditions of employment, or withhold
• training or promotion, to employees because they are union members.

Non-union members' rights

Employers may not:

• decline to employ someone because that person is not a union member
• offer inferior terms and conditions of employment, or withhold training or promotion, to employees because they are not union members.

Rights of employees engaged in union activities

Employees who have been engaged in union activities have some special protections under the Employment Relations Act 2000.

It is illegal for an employer to offer inferior conditions, to sack, or to force employees out of their jobs because those employees have been active in union-related activities. Such activities include an employee being a union officer or delegate or collective bargaining representative, or an employee claiming employment rights for that employee or for other employees, or participation in a lawful strike.

Representing members

Unions have a right to represent their members in relation to any matter involving the members' collective employment interests. Unions also have the right to negotiate collective agreements.

Unions may also represent a member on individual employment issues where the member authorises the union to do so.

Access to workplaces

Union representatives have the right to enter workplaces in either or both of the following cases:

• They reasonably believe that members work there. If so, the union representative may see members and look into and promote their members' employment rights.
• They reasonably believe that employees covered by the union's membership rule work there. If so, the union representative may provide information and talk to non-members about joining the union.

Employers must allow union representatives to come into their workplaces, and union officials must exercise access in a reasonable way. When entering workplaces, union representatives must:

•  do so at reasonable times

• act reasonably, having regard to normal business operations
• comply with any existing reasonable health, safety and security procedures
• notify the employer or occupier of the reason for entry and the representative's identity and authority to represent the union. If the employer or occupier is not there, the union representative must leave a written notice.

 None of these things entitle an employer to unreasonably refuse a union representative access to the workplace.

Union meetings

Union members are entitled to attend two union meetings (of up to two hours each) each year. Employers have to pay those union members who attend the meeting during their normal working hours. However, the employer does not have to pay union members who would not normally be working at the time the meeting is held (i.e. employees who are on a day off or off shift).

Workplace Discussions

Workplace discussions between union representatives and union members are separate from union meetings. Any workplace discussion must be limited to a reasonable duration. Employers cannot deduct wages or salaries from employees who attend such workplace discussions

Deduction of union fees

The Employment Relations Act 2000 inserts into all employment agreements a requirement to deduct union fees where the employee consents. These arrangements may be varied in an employment agreement.

 Source:  http://www.ers.dol.govt.nz/union/joining.html

© Crown copyright [2005]

Useful websites

Department of Labour

New Zealand Council of Trade Unions

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