Strike Bills will empower employers, unions

A Bill requiring unions to hold secret ballots before employee strikes will empower employers, union representatives say.

Unions presented their submission at Parliament's transport and industrial relations committee on the Employment Relations (Workers' Secret Ballot for Strikes) Amendment Bill.

The member's Bill, drafted by National MP Tau Henare, would require unions to hold a secret ballot of members before undertaking any strike action.

New Zealand Council of Trade Unions, which has a membership of 350,000 workers, said there was no issue with the intent of the bill as secret ballots are widely practiced.

But secretary Peter Conway said making it law would shift the balance in favour of employers as it is particularly problematic for all union members to be involved in the voting process.

He said the Bill could give employers the power to challenge a strike on the claim a secret ballot wasn't carried out properly.

"If it requires for everyone to participate, it's going to require a lot of hoops that someone has to jump through. Did someone leave the room at a particular time? Was effort made to ensure that everybody was there?" Mr Conway said.

"(A strike) is a last resort. No one really wants to take it. There is a lot of economic harm that happens to workers that take strike action. It is very stressful.

"But when people have reached that stage of frustration that they believe that is the last resort, please don't put lots and lots of hurdles in their way."

National MP Jackie Blue asked what if there was an independent observer looking over the voting process for a strike?

Mr Conway said a "democratic" decision to strike sometimes came out of meetings, so "you are saying I should take an independent observer to every meeting".

His arguments was supported by the Unite Union, which represents over 8000 low paid workers.

Union representative Duncan Allan said it would stifle union members' ability to have a strike by making it easier for employers to stop it on technicalities.

And though secret ballots were carried out many unions, it could not be a requirement as it was not always achievable to reach all members involved, he said.

The Employers and Manufacturers Association, representing about 2400 enterprises that employ 120,000 employees, said there are many practical ways to ensure everyone is balloted.

"Unions manage this with ratification meetings all the time. Sometimes there is more than one meeting, so you can catch people in different shifts. Online voting would be practical," employment team leader Angela Walker said.

The association supports the Bill, but also suggested employees should be advised of the nature, date and duration of proposed strikes.

Ms Walker said employers and employees should be told how many people voted against and for the strike.

Business NZ also supports the Bill and has recommendations to improve it, though it said it should not apply to strikes for health and safety.

Legal Advisor Barbara Burton recommended a lawful strike should only proceed if 75 percent of returned votes were in favour, and the bill should clarify that "employees affected" by the strike participate in the secret ballot.

Labour MP Darien Fenton said 75 percent was an unusually high threshold.

"We just thought it would mean there was a clear majority," Ms Burton said.