scholarly journals An offer they can't refuse: the imposition of final offer arbitration in the New Zealand state sector

1970 ◽  
Vol 13 (1) ◽  
Author(s):  
Karen Roper

On 10 March 1988, three :months to the day after the introduction of the State Sector Bill, the Government announced a nun1ber of changes to the Bill, arnongst which was the following: A provision will be included in the law that will allow the negotiating parties to a particular document to agree to a compulsory arbitration arrange1nent in return for a "no-strike" commitment from the union. The type of arbitration available will be "final offer" arbitration where the Arbitration Commission must choose between the whole position put forward by one party or the other and cannot go "down the middle" (Goverrunent Press Statement, March 10, 1988). Final offer arbitration (FOA) is a new concept for the New Zealand industrial relations system. It was not canvassed in the Buff Paper. Its potential application in this country has certainly not been the subject of debate amongst industrial relations practitioners. This is typical of the way in which this Bill was processed from its introduction. It bodes ill for the future of such an alien elernent in state sector bargaining.

1970 ◽  
Vol 12 (3) ◽  
Author(s):  
Herbert Roth

"Nothing in this Act shall apply to Her Majesty the Queen, or any department of the Government of New Zealand", said section 91 of the original Industrial Conciliation and Arbitration Act of 1894, but there was a saving sentence "except as herein is otherwise expresslly provided". What was expressly provided was spelled out in Part lV. sections 82 to 84 which applied the act to the govemment railvays. This raises two questions: Why were railwaymen included in a measure which otherwise applied to the private sector only? and, why were railwaymen the only government employees covered by the arbitration act? My paper addresses these questions and reaches the conclusion that fear of a national transport strike as the main reason for the inclusion of railwaymen though the reasons for the exclusion of other government employees are less clear-cut. The paper then explores the attitudes of state employee organisations to the compulsory arbitration system up to the establishment of the first wagefixing tribunal in the state sector, patterned on the Arbitration Court, in 1944, and concludes with a brief survey of more recent developments.


Polar Record ◽  
2009 ◽  
Vol 45 (3) ◽  
pp. 237-241
Author(s):  
Janice Cavell ◽  
Jeff Noakes

ABSTRACTConfusion has long existed on the subject of Vilhjalmur Stefansson's citizenship. A Canadian (that is, a British subject) by birth, Stefansson was brought up and educated in the United States. When his father became an American citizen in 1887, according to the laws of the time Stefansson too became an American. Dual citizenship was not then permitted by either the British or the American laws. Therefore, Stefansson was no longer a British subject. After he took command of the government sponsored Canadian Arctic Expedition in 1913, Stefansson was careful to give the impression that his status had never changed. Although Stefansson swore an oath of allegiance to King George V in May 1913, he did not take the other steps that would have been required to restore him to being Canadian. But, by an American act passed in 1907, this oath meant the loss of Stefansson's American citizenship. In the 1930s American officials informed Stefansson that he must apply for naturalisation in order to regain it. From 1913 until he received his American citizenship papers in 1937, Stefansson was a man without a country.


1979 ◽  
Vol 21 (1) ◽  
pp. 35-50 ◽  
Author(s):  
David F. Smith

Industrial democracy and worker participation have become important topics for international debate, with developments taking place in many countries. Despite its former reputation for advances in the social field, little has been heard about developments in worker participation in New Zealand. The aim of the present paper is to report and assess such developments whilst placing these within the context of developments in industrial relations in that country. The strong reliance upon legal arrangements and government intervention in industrial relations matters have had a marked effect upon the development of the industrial relations system in New Zealand. Yet, despite this tradition of legalism, successive governments remain singularly reluctant to legislate in the field of worker participation. Recent initiatives by employers have been strongly unitary in nature, whilst the trade unions appear to be concentrating their efforts upon extending the scope of collective bargaining, an opportunity afforded to them due to recent changes in the law. The present Government's wish that voluntary arrangements between employers and trade unions will eventuate to cover worker participation seems less than pragmatic, since employers, unions and the Government itself differ so fundamentally upon what constitutes worker participation, and the forms it might take.


2021 ◽  
Author(s):  
◽  
Patricia Gay Simpkin

<p>The purpose of this thesis is to examine the response of secondary school teachers to the Tomorrow's Schools education reforms. Their early response was made largely through their union, the Post Primary Teachers' Association (PPTA), in an industrial relations setting as the reform proposals were in development and taking their final shape. The interaction between the professional project of these teachers with the proposed reforms produced an outcome for secondary school education shaped by the interaction, rather than just by the reforms themselves. A case study situated at the intersection of industrial relations, state sector and education restructurings during the period 1984-1989 is the focus of the thesis. The argument is located within French regulationalist theory. The concept of the Keynesian Welfare National State provides a means for connecting education as part of the mode of regulation with the role of the state in New Zealand. The Fourth Labour Government entered into a political project that shifted the role of the state in the economy and society. The roots of the project lay in the discourse of economic rationalism. Policy resulting from this discourse was put into operation through legislation affecting all parts of the state. In education, the discourse of economic rationalism introduced a new approach, the values of which were at odds with those of the previous education settlement of the Keynesian Welfare National State. The object of the thesis is to trace the process of change within the secondary schools sector of education through the years 1984-1989 as the two different sets of values interacted. The assumption is made that institutional change results from a dynamic interaction between new ideas and continuities and discontinuities with the past. This allows for the possibility of the effects of agency on public policy. Analysis focuses on a series of industrial negotiations between the PPTA and the State Services Commission, the negotiating body for government. They took place as various government policy documents and resulting legislation altered the positioning of teachers within the state. The negotiations were of such a character that the educational discourses of economic rationalism and the education settlement of the Keynesian Welfare National State came into conflict and were debated at length. The thesis concludes that, by the end of the negotiations and despite the introduction of legislation on education, the values of secondary teachers remained substantially unchanged and in opposition to the intent of the government reforms.</p>


1970 ◽  
Vol 13 (1) ◽  
Author(s):  
Alan Geare

The first version of the State Sector Bill (State Sector Bill {l)) specified that the Labour Relations Act 1987 would apply in the State Services with respect to dispute settlement Under the Labour Relations Act 1987, the procedure of conciliation may be used only in situations involving two or more employers (s.l34(4)). Hence, to be consistent, conciliation was not available as an option in the state services. Furthennore, arbitration under the Labour Relations Act only operates when both parties agree to its use, and thus compulsory arbitration is no longer available. Thus, the State Sector Bill (I) presented the state unions with the scenario of losing their right to annual general adjusunents and with the possibility of arbitration no longer being available (should the State Services Commission (SSC) or the corresponding "employer" refuse to agree to arbitration). In addition to these very real problems, there were also fears among some groups that they would/could lose other rights (such as parental leave) not written into detern1inations or otherwise provided for in legislation. Some state unions deplored the fact that State Sector Bill (1) encouraged strike action - and went out on strike in protest. After protests and strike action, and further submissions, a second version of the State Sector Bill appeared dated 16 March 1988. This, State Sector Bill (2), provides the basis for the following discussions. It is assumed the State Sector Act, due to take effect from April 1, will not be significantly altered from this.


Author(s):  
Mihail Mihailovich Gudov ◽  
Eka Revazievna Ermakova

The goal of this research is to determine the consequences of accelerated digitalization of industrial relations in the context of structural transformation of Russian economy, as well as substantiate the need and the possibility for structural changes namely in the current period of time. The object of this research is the current and exhausted raw mineral export model of the Russian economy, which requires immediate modification. The subject of this research consists in the study of the impact of current external shocks (abrupt drop in the price of energy resources) upon the changes in the structure of Russian economy (in the sectoral and component views). The structural reform of the Russian economy, which started back in the Soviet period, could not be fully implemented via evolutionary path.&nbsp; Same as all world&rsquo;s economies, the Russian economy is currently functioning in a state of uncertainty and under influence of external shocks. In the authors&rsquo; opinion, these external shocks presently force the accelerated digitalization of industrial relations, which can produce powerful structural transformations of economy, it the government will provide support for corresponding projects.


2021 ◽  
Vol 18 ◽  
pp. 74-87
Author(s):  
Peter Wood ◽  
Michael Dudding

This paper is an exploration of a stereographic photograph taken inside a New Zealand backcountry hut. Matter-of-factly entitled, "Interior view of a hut, with mugs, a bottle, plate and cutlery on a table, looking through door to another hut, location unidentified," the photograph is attributed by the Alexander Turnbull Library to keen amateur photographer Edgar Richard Williams. The image gives little detail away in its depiction of the hut interior, except for a utilitarian table tableau that begins to suggest a nascent New Zealand interior defined by no-nonsense pragmaticism and Lea & Perrins. But, far from being a scene of Depression-era poverty and deprivation, close examination of the photographed situation and its broader context provides a glimpse into a monied amateurism that heralded an emergent leisure class. As a stereoscopic image, the photograph does more than depict a scene. By placing us within a spatial view, we become immersed in questions concerning interiority and exteriority. We are presented with two spatial contrasts: one in the subject of the image, the other in the object of the image. By taking a close reading of both contrasts, this paper is an attempt to make some architectural sense of these dualities.


Legal Studies ◽  
1992 ◽  
Vol 12 (2) ◽  
pp. 195-209 ◽  
Author(s):  
Gerard McCormark

Reservations of title clauses have enjoyed mixed fortunes in recent times at the hands of the courts in Britain. On the one hand, the House of Lords has upheld the validity and effectiveness of an ‘all-liabilities’ reservation of title clause. On the other hand, claims on the part of a supplier to resale proceeds have been rejected in a string offirst instance decisions. Reservation of title has however been viewed more favourably as a phenomenon in New Zealand. In the leading New Zealand case Len Vidgen Ski and Leisure Ltd u Timam Marine Supplies Ltd. a tracing claim succeeded. Moreover in Coleman u Harvey the New Zealand Court of Appeal gave vent to the view that the title of the supplier is not necessarily lost when mixing of goods, which are the subject matter of a reservation of title clause, has occurred. There are now a series of more recent New Zealand decisions, some of them unreported, dealing with many aspects of reservation of title.


1960 ◽  
Vol 16 (01) ◽  
pp. 48-62
Author(s):  
R. C. B. Lane

On being asked to prepare something on Friendly Societies for the Students' Society it seemed reasonable to attempt two things—one, to put them more into perspective in modern conditions, the other, to see what they might be able to teach the actuary professionally. The following notes are the result: it is hoped that, besides forming a useful basis for the discussion, they will themselves have something worth while to contribute to the subject.Perhaps the most important characteristic of a Friendly Society is its registration under the Friendly Societies Acts (the relatively rare occurrence of an unregistered society is ignored); the restrictions of these acts have therefore to be accepted for the sake of their advantages. The constitution is a book of rules and the government is in the hands of the trustees—in whose names the assets are registered—and a committee appointed by the members at a general meeting. The rules cover all such matters as objects, eligibility, benefits, contributions, duties of officers, changes of rules, of name, nominations, dissolutions, investments and so on as required by good sense and the Acts.


1902 ◽  
Vol 69 (451-458) ◽  
pp. 485-494 ◽  

The peculiar and apparently hitherto undescribed structures which form the subject of the present communication, were first discovered in the course of an as yet unfinished investigation of the parietal organs in the New Zealand Lamprey ( Geotria australis ). The Ammocœte of this interesting species is known to us only through two specimens: one of these was briefly described by Kner in 1869; the other was for many years in the Museum of the Otago University, Dunedin, and was forwarded to me for investigation by the present curator, Professor W. B. Benham, D. Sc., to whom I desire to express my indebtedness for his great kindness. The specimen which I have thus had the opportunity of investigating was labelled in the handwriting of the late Professor T. J. Parker, F. R. S.—“Ammocœtes stage of Geotria—Opoho Creek.


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