The long running dispute between Auckland bus drivers and their employer is heading to the courts as FIRST Union, the union representing drivers at Howick and Eastern Buses, files two cases in the Employment Relations Authority against the East Auckland bus company for “serious and sustained” breaches of the Employment Relations Act.
The union is seeking costs and $2 million in penalties.
“The law is crystal clear – you must negotiate in good faith and you must not undermine collective bargaining. But Howick and Eastern Buses has repeatedly breached that obligation,” says FIRST Union organiser Rudd Hughes.
The union is alleging the company breached its obligation to bargain in good faith after offering individual union members cash enticements in exchange for signing an individual employment agreement that removed their right to extra pay for working on non-rostered days and Sundays.
Under section 32(1)(d)(ii) of the Employment Relations Act an employer cannot negotiate directly or indirectly with individual union members while collective bargaining is taking place.
“The company’s actions amount to a very serious breach of employment law. We’ve tried to reason with them, our members have even gone on strike, but each time the company has doubled down.”
After enticing a number of union members to sign individual employment agreements the company also unilaterally changed rosters to lift hours for drivers on the new individual contracts and reduce hours for drivers on the collective contract.
“This sort of discrimination will not be tolerated. Auckland Transport pays Howick and Eastern Buses to run bus services, not union-busting campaigns.”
“It should worry every Aucklander that ratepayers’ money is being wasted in this way.”
The union is seeking costs plus a $20,000 penalty per union member who the company attempted to bargain with directly.
