A couple of weeks ago we narrowly averted huge disruption to Auckland’s bus services, but unfortunately it looks like we won’t be quite so lucky this time around. Last time I reported on this matter I did kind of “sit on the fence” with regards to who was to blame for the strike/lock-out that never happened, but having listened to a few radio interview and done a bit more research into the matter, I have formed a bit more of an opinion this time. But first, let’s look at the nuts and bolts of what’s going to happen on Thursday. This was what was reported in this morning’s Herald:

Potential disruption looms again for tens of thousands of commuters as Auckland’s main bus operator ponders whether to retaliate against a new threat of industrial action by 900 drivers and cleaners.

NZ Bus refused to be drawn yesterday on the likely impact for about 70,000 daily passengers of a work-to-rule by drivers from Thursday, including five-minute toilet and exercise breaks between trips and a ban on operating defective buses.

But the Infratil subsidiary said passengers should start thinking now about other ways of getting to work, and apologised for the renewed uncertainty raised in its five-month pay dispute with its unionised workforce.

“We apologise sincerely for this – we are bemused by the unions’ desire to initiate industrial action when the option of resolving this in facilitation [by the Employment Relations Authority] exists,” said operations manager Zane Fulljames.

Mr Fulljames would not indicate whether the company was considering locking out the drivers, as it threatened to do last month, before an agreement with the four bus unions to return to mediated negotiations averted a regional transport meltdown.

So, a “work-to-rule” situation where I guess the buses would probably run quite late, or perhaps the odd one would not turn up (if it was defective). It’s an interesting approach actually, to “work-to-rule”, as I guess technically the drivers would be doing nothing wrong in always working this way – they only stretch the rules (to put our safety at risk? one has to wonder…) in order to maintain schedules and so forth. In fact, it’s actually a bit odd to be even calling “work-to-rule” industrial action.

In response, NZ Bus outlined later today that they will suspend all services from Thursday morning onwards. Effectively, they will lock the drivers out and not allow them to work. So I’ll be walking to work on Thursday. Here’s what the NZ Bus press release says:

Bus services provided by Metrolink, North Star, Go West, Waka Pacific, LINK and City Circuit will be suspended from 4am Thursday October 8th in response to the notice of strike action provided by the Auckland Combined Unions on Sunday evening October 4th.

“The Unions desire to initiate industrial action when the option of resolving the issue responsibly in facilitation exists is unacceptable,” says Zane Fulljames GM Operations.” It is difficult to understand why they do not want to resolve this issue responsibly, both for their members and Auckland commuters.”

Negotiations have been ongoing for five months. In order to avert industrial action NZ Bus filed an application for facilitation with the Employment Relations Authority on Friday 18th September to assist both parties to reach an agreement. On Monday 5 October NZ Bus asked the Authority to hear the case with urgency.

In response to the Unions claims that this was a work to rule Fulljames said “Let me be quite clear- if this was not meant to be disruptive, the unions wouldn’t have issued a notice of strike action”

Now I don’t know the details of the pay dispute, and to be honest it’s absolutely none of my business. However, I do have a problem with NZ Bus refusing to run their bus services simply because their workers are going to “work to rule”. As I said above, legally it would seem as though the workers could quite legitimately work to rule any time – and perhaps they should. There’s a reason why there are rules saying that lost property checks should be undertaken, that defective buses shouldn’t be used, that buses without radios shouldn’t be used and that drivers should have adequate toilet breaks. If simply allowing this kind of stuff to happen totally ruins our bus schedules, then there’s something terribly wrong in the first place.

I would much rather have a bus that runs 10 minutes late than no bus at all. I am somewhat lucky myself, in that I can walk to work – but for someone living on the North Shore that is literally not an option (plus there’s no rail alternative on the Shore). To be honest, I can’t actually see how it can be legal for NZ Bus to withdraw its services (at least the ones getting publicly subsidised) just because its workers have decided to operate strictly according to the rulebook.

In any case, there are some very limited replacement services being offered:

bus-replacements

It’s also useful to remind people that all Ritches, Birkenhead Transport, Howick & Eastern and Urban Express buses will still operate. This includes the Northern Express, which is operated by Ritchies. Furthermore, all trains and ferries will operate, although I would expect the train system in particular to be incredibly overcrowded.

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26 comments

  1. “If simply allowing this kind of stuff to happen totally ruins our bus schedules, then there’s something terribly wrong in the first place.”

    It is a pity that JJ on the CBT forum doesn’t see this as clearly as you (and I) can.

  2. Ah yes, I think his blind hatred of unions gets in the way a bit of his common sense.

    The strange thing is that I don’t understand why NZ Bus have taken this course of action – if they just ran the services then any delays they could blame on the union. This way they end up taking all the blame. Quite simply, I’d rather a late bus than no bus at all.

  3. The couldn’t blame it on the union because the union would be following what their contracts state… If they are working the way they should be everyday and there are huge problems the bus drivers will look like saints to the public, working above what they are paid for everyday and the company would have no option but to meet their demands… The company literally had to lock them out because this looks slightly better…

    Good on the bus drivers… I can see some kind of similar action happening at my workplace in the next 6 months myself…

  4. That’s a good point actually. There is an irony for the bus company to expect chaos if their drivers simply work as they should. It makes me wonder how often I ride on a defective bus…

  5. Did anyone see that piece on Campbell Live with the bus driver about how they’re having to regularly speed/break road rules just to meet their schedules?

  6. I agree that a lockout is not a good idea, but saying that work-to-rule is not industrial action and seems kinda normal is off the mark. Every workplace has a lot of rules that allow for a wide variety of people with different needs to work there without breaching the rules. For example, some people need to go to the toilet a lot, some need to stop to smoke, and some people get sick more often than others and need to take days off. If everyone takes full advantage of the leniency in all the rules, a huge amount of time is collectively wasted. Similarly, small problems crop up all the time with machines and to stop immediately to fix it would be over-cautious and another waste of time.

    I’m not defending the company here, as I believe they are firmly in the wrong, rather pointing out that work-to-rule is not a viable way to run an operation.

  7. I agree there needs to be flexibility and that work to rule all the time is not viable. However is seems staggering that work to rule would be so bad that it is better to simply cancel all the buses.

  8. Thats true David… It’s about perceptions to…

    I.e.

    Bus Drivers:

    All we want to do is work to our contracts but the big bad bus company is locking us out…

    Bus Company:

    The evil bus drivers are striking and making you all car pool, walk or stay home and miss your pay for the day…

  9. In fact, it’s actually a bit odd to be even calling “work-to-rule” industrial action.

    It sounds odd because it is company spin, pure and simple.

    However is seems staggering that work to rule would be so bad that it is better to simply cancel all the buses.

    The company is doing this because they want the public to turn on the drivers. They’re the ones engaging in industrial action, not the ones who are merely fulfilling their employment contracts.

  10. To be honest, I can’t actually see how it can be legal for NZ Bus to withdraw its services (at least the ones getting publicly subsidised) just because its workers have decided to operate strictly according to the rulebook.

    I’d think there is a good case for the agency responsible to seek legal action against NZ Bus for breaking their contract.

  11. Knowing NZBus, they’ve probably tiptoed past whatever laws bind them to provide service.

    Drivers never used to have to work such awful split shifts. They’d work mornings, or evenings, and the bus company would accept that.

  12. I hate to be the trend breaker of this blog and disagree with jarbury however for bus drivers demanding a pay rise of that amount is rediculous, and simular union action is the reason why so many NZ companies now employ offshore. In the end the Union is creating the problem by demanding so much and the bus company has no choice but to stand strong.
    How can the bus company justify giving the employees so much extra for the amount of work they complete and the quality of service they provide, in a time where the majority of workers are having the pleasure of pay freezes.

    Then having to find that money is going to come at the expense of hiking up bus fare’s, why not incourage more private vehicle use? The Union is not wanting to negotiate because they know there is no way of recieving more in a fair agruement as the bus company has more of a case than they do. So they have to take industral action to force the company into it. However through the action proposed the bus companies would lose money by letting the employees ‘work to rule’ because of reduced patronage in both the short term and long term, so therefore cant afford to actually pay them, so home you go. In the end it cant be the bus companies fault, they simply just cannot stand for this behavour and in the worst case, our major bus company could go out of buisness due to Unionised action. What a blow that would be for Public Transport in our city.

  13. Joshua, that’s a completely separate issue. I have no problem with NZ Bus debating whether they should pay their drivers that much extra. In fact, NZ Bus’s latest offers sound fairly reasonable to me.

    My frustration is that they are suspending the services. What’s wrong with just letting “work to rule” proceed? That would actually meant that the public would probably blame the drivers for the disruption rather than NZ Bus – so it seems rather odd that they have chosen this course of action.

    Unless, as people above have suggested, work to rule would create huge disruption and NZ Bus doesn’t want people to realise how much they normally force their drivers to bend the rules to get things to run even close to how they should.

  14. Ok, however by letting the buses “work to rule” they would probably make a loss, so would be more economical to send them home. Why should the Bus company be made to suffer a loss for a problem the Union want to create?

  15. If that’s the case, when why are those the “rules”? It’s like saying that if you’re running a factory you can only make a profit if people don’t follow safety procedures, so you might as well close the factory and send everyone home if they demand to follow those procedures. That doesn’t cut it with me I’m afraid.

  16. Crikey Sabine that sounds like a pretty impossible route to do on the replacement buses. It’s miles from where I will be travelling, but good luck!

  17. Yea however the rules are there to accomadate everyone, and in most industries it is expected that you use it if you need to. Not as you must use every break your intitled to etc. I do agree that if the bus for example is not road worthy or deemed to be road worthy then they refuse to take it full stop, industrial action or not. Thats a Safety issue and if the employees are not doing that at the moment and the employer are letting it happen they all need a kick in the ass. However taking a break every 5 min for going to the toliet (even if not needed) or having a smoke (even if you dont smoke or need one) can ruin the performance of the service. They are there to let the employee feel comfortable and do his job effectively. Not to be taken avantage of.

  18. I don’t think that is what the “work to rule” is proposing. I have heard that it was not driving faulty buses, not driving buses without a working radio, taking a toilet break at the end of their runs (not too much to ask for considering a ‘run’ is probably into the city and back on most occasions) and doing a lost property check at the end of every run.

    None of that sounds unreasonable to me.

  19. That lost property check is a really important safety aspect for the public, you wouldn’t believe what is found in the back of an incident car…

  20. No that sounds reasonable, however begs to question why they don’t refuse to drive faulty buses, buses without radio to begin with? Do they relaise that if they have an incident and their bus is faulty they are also liable as they are the operator of the vehicle. If instructed by the company when brought to their attention, they are to refuse. Safety is everybodies responsibility in any industry so why arn’t they working to rule before now? My question if I were the company director would be why are they are not ‘working to rule’ now? As if that is the rules, it would be part of their contracts, and therefore they are not full-filling their contracts and would be leaving themselves open for instant dismissal.

  21. So, theoretically there should be little difference between “work to rule” and normality then. I wonder why NZ Bus was so afraid of the chaotic effects of work to rule they thought it was better to simply suspend all services then?

  22. Because little corner get cut to meet your targets, stay in the bosses good books etc, but when it comes time for contract negotiations you have a good look at how far away you are from that contract…

    If I followed every H & S procedure I would literally not get a single thing done…

  23. I work in construction, so in our industry following the health and safety rules are given. And in all you are punnished for not doing so. I would expect the same of NZ Bus, so without the full facts im disapointed in the way the company has been operating. (If this is the case), If not you are right there should be little difference so why the need for a lockout? I think both parties have to anaylise how they have been working over the last period and give it some thought, Safety should always be No.1 priority. I think you changed my mind on the matter Jarbury.

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