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Salient. Victoria University Student Newspaper. Volume 39, Number 14, 5 July 1976.

Fascist Laws Afoot

page 3

Fascist Laws Afoot

While Bill Rowling and his Labour Party hacks are making fine speeches in Parliament, trade union officials and the workers they represent are bracing themselves for the expected rash of repressive legislation being drawn up behind the doors of the Labour and Justice Departments by the Muldoon Government.

Mr Muldoon and his hatchet man, Peter Gordon, have never made any bones about their opinions on unions, and early next month they will put them into practice when they introduce their industrial legislation into the House.

Wellington Drivers' Union organiser, Pat Kelly, appeared on Television Two's news last Tuesday night to spell out the amendments being planned for Labour's Industrial Relations Act.

The amendments will:
  • make all strikes illegal except strikes during award negotiations
  • define go slows, work to rules, overtime bans and partial or complete withdrawl of labour for any purpose as strikes.
  • give anyone who claims to be directly or indirectly affected by a planned or actual strike the right to apply for a court order (injunction) to stop the strike. Under this power, the Government could have prevented the recent trade union march on Parliament.
  • create "key" industries (such as freezing works and the waterfront) and "public interest" industries (which can be defined by the Government at any time) Unions in "key" and "public interest" industries will have to give four days notice of a strike in any month. Workers on strike in a "public interest" industry can be ordered to start working again immediately Under this power the Government could have stopped the recent strikes by electricity workers.
  • give any employer the right to apply to the Industrial Court for a "bans" clause to be put in any agreement on wages and conditions. A "bans" clause means that workers may not strike for any purpose at all. The Industrial Court can make the final decision on its own.
  • give the Government power to debar union officials (down to job delegate) from holding a union position if their union takes part in an illegal strike.
  • count any informal or non-vote in a ballot on voluntary unionism as a vote in favour of voluntary unionism.

On the same programme the Minister of Labour, Peter Gordon, confirmed these features of the bill except the point about voluntary unionism, which he denied. His casual attitude toward the proposed amendments was disappointing if not alarming.

Trade Unions - Hands Bound

The amendments will obviously have the effect of completely tying up the trade union movement, by taking away from the worker any right to withdraw his labour.

If the Wellington bus drivers decided to go-slow over an attempt to cut down on the overtime they need to make up a living wage, they would (under the proposed provisions) be participating in an "illegal strike". At this stage all union officials (even though they may be merely carrying out the wishes of a majority of bus drivers) could be fined and debarred.

If this was avoided by arguing that the go-slow was occurring to help in award negotiations, the Government could define public transport as a "public interest" industry and order the bus drivers to resume their usual work. And finally, if a member of the public was annoyed that he was having to wait an extra 20 minutes at this bus stop and arriving at work late, he could take out an injunction against the union to force it to resume normal work.

Whereas these provisions can be used against all unions and their officials, I believe they are specifically aimed at smashing the Socialist Unity Party, which according to Muldoon, Truth and the S.I.S. is at the root of all New Zealand's economic problems.

The Government had plans of making membership of the S.U.P. illegal, but have balked away from this type of action because of the serious repercussions which would follow. So instead, they are to attempt to attack it through the Industrial Relations Act. And you can bet, that the first time the Northern or Wellington Drivers' Union even looks like taking industrial action, heads (namely those of Bill Anderson and Ken Douglas) will roll.

At the moment the amendments are still floating around in the Justice and Labour Departments (both of which have warned Muldoon not to proceed with them). If they are introduced into Parliament next month, New Zealand may witness the greatest industrial upset since 1951.

Unfortunately, most people are unaware of what is being planned, and the first they will learn of it is when it is introduced next month.

Since Pat Kelly's appearance on TV-2 there has been no investigation by the news media into precisely what is going on And it seems that even some of the union leaders are unaware of the extent of National's Legislation.

The Government will be counting on surprise. The Labour Party is not expected to put up much opposition, and because the proposals will be merely amendments to an existing law they will not have to go before a select committee.

In 1972 the unions were caught unawares when the National Government introduced restrictive measures under the Shipping and Seamen's Bill. But the nature of the planned amendments goes far beyond anything dreamed of in 1972.

US GOOD CLEAN CITIZENS SURROUNDED BY COMMUNIST AND HART, IN THE UNIONS, CARP, SCHOOLS UNIVERSITIES, SALIENT — IS THERE NO PLACE TO HIDE?

Unease at Harsh Measures

Even the metropolitan newspapers are quietly warning the Government not to proceed.

Last Mondays NZ Herald threw out a warning:

"Mr Gordon clearly wishes to rebuild good industrial relationships, nationwide. But is the gulf which yawns between the will and the deed likely to be bridged by autocratic legislation? If policies are imprudent they will add to the problem"." and even the right-wing Dominion (last Friday) also commented:

"Goading them (Socialist Unity Party) and other dissidents into excesses is not in the country's interest, now or at any other time."

A confrontation is undoubtedly brewing. On all other occasions where the Government has taken on the trade union movement they have won handsomely. If they win this time, New Zealand workers may be in a similar position to those of Hitler's Germany or Mussolini's Italy - so bound up with regulations that they have no power to act against the increasingly fascist policies put forward by the Muldoon Government.