Refinery dispute reaches Court

Press, 20 September 1982, Page 6

Refinery dispute reaches Court

PA Wellington The long-running industrial dispute surrounding the Marsden. Point oil refinery expansion project will come under the scrutiny of the Arbitration Court in Wellington today. The Court has been asked by the BadgerChiyoda. and refinery construction joint, ventures — together called JV2 — to interpret the’ highly controversial clause 21 On training and overseas recruitment in the site agreement. Respondents in the case are the Federation of Labour, to be represented by its president, Mr W. J. Knox, and legal officer. Ms Wendy Davis, and. the Auckland Boilermakers' Union.

Appearing on behalf of the consortium will be an Auckland Queen’s Counsel. Mr E. W. Thomas, and the manager of industrial relations. Mr Ron Richards. At issue is the consortium's intention to hire 50 British boilermakers, which

the combined union group asserts contravenes clause 21. In this clause the parties indicated their intention to support to "the greatest possible extent the use of labour from within New Zealand." Also, "where, because of a shortage of local labour there is a need to recruit labour from outside New Zealand, the employer will give notice to the Federation of Labour and the union concerned and will after discussion reach agreement prior to such recruitment taking place." Before the Court sits this morning, labourers on the Quaypoint construction site in Wellington are expected to vote to strike for 24 hours on the overseas recruitment issue.

On August 24. JV2 invoked the disputes clause in the collective agreement with the unions in an attempt to reach agreement. But the attempt to have the matter heard before an industrial

conciliator. Mr John Bufton. in Auckland on August 30 failed when the combined union'representatives did .not attend. The matter was then referred to the Arbitration Court by the employers, and accorded an urgent hearing. Mr Knox said yesterday that the federation would oppose the company’s application to the Court to obtain an interpretation of the clause. Union attitudes towards the consortium's hiring policy were summarised in a recent circular marked "confidential to members" from the secretary of the NeuZealand Boilermakers' Federation. Mr Con Devitt. Mr Devitt says in the circular: “The fact that some of our members have been unemployed' for many months and have made applications for employment. on this project means that we. as an organisation, cannot agree ' permit the recruit-

ment of overseas labour until such time as the employer has produced irrefutable evidence that all members of our organisation who have offered themselves for employment on the site have in fact been employed.. ■ “On this issue there can be no compromise — or will the employers be allowed to break the existing agreement?"

Union opposition to the consortium's hiring policy resulted in the 900-member refinery work-force striking for 48 hours — on August 25 and 26.

Other groups to strike have been workers on the Turangi hydro scheme, the Huntly power project, and the Mangere bridge. Industrial action on the issue reached-Wellington for the first time last week when the Labourers' Union began a two-month campaign of 24hour rolling stoppages.

Mr Richards believes ho employer should allow him-

self to be forced to hire workers who. be believes, might. jeopardise his business.

“We do not believe that the employer's being compelled to take staff against his will is required under the agreement, and after months of frustrating negotiations, we are now. seeking legal rulings to resolve the issue,", he said.

"We will employ every suitable New Zealander who applies to work on the project. but we will not be bulldozed into employing unsuitable people to gel union agreement to bring in overseas labour."

Another dispute, involving 24 boilermakers building steel storage tanks at the refinery expansion project, remains deadlocked.

The men walked off the job about two weeks ago. claiming a loss of "masterservant relationship" with their employer.. Chicago Bridge and Iron.