Mana loses in court, but claims otherwise

Recently Mana Coach Services attempted to Sue the Wellington Tramways Union for breaching confidentiality. The authority found against Mana and dismissed their claims. However the Media Release put out by Mana immediately after told a different story, and was in stark contrast to the what was published in the union newsletter a couple of weeks later...

---------------------------------------------------------------------------------------------------

M & C Workers News, March 2010, Issue 84

Stifling comment on dispute fails

Personal Grievances – particularly when a worker is unjustifiably sacked – are ofte shrouded in mystery. Any PG settled in mediation is confidential. What happens in mediation and the terms of settlement can't be publicised.

This leaves union members not knowing what happened to their workmate. It appears that the boss has got their way and can't be stopped.

Often the reality is the complete opposite. The dismissed workers is disgusted witht ehri treatment and doesn't want to go back to their job. Thousands of dollars in compensation can be paid as a result of mediation but back on the job no-one is any the wiser.

M & C Workers News sometiems publishes the facts aroudn such Pgs and notes that the outcome was determined in mediation and that the terms of settlement are confidential. This step is taken so that union members get to know more of their rights and so that they can make their employer more accountable through their union membership.

One recent such case occurred with Mana Coach Services. A union member resigned her employment because of harassment by the company over union membership. M & C News published the facts of the dispute after it had been settled, which were public knowledge before there was any grievance or mediation.

UNION SUED

Mana Coach Services decided to sue the Tramways Union for breaching the confidentialty of mediation. Their claim was that the union had breached good faith conduct in helping to publish the facts, and had breached confidentiality provisions of the mediated settlement, and unspecified damages were claimed.

When the case was heard in the Employment Relations Authority the company attempted to put a ban on what M & C Workers News could report. No ban was issued by the ERA did note in its determination “in the absence of any new claims of the sort which led to the personal grievances being raised in the first place, the respondent (the Tramways Union) should ...address whether its continued publication of these historical allegations s in the interestes of it and ites members”.

In its ruling the ERA said the respondent had “not breached the terms of settlement” and “there are no grounds for claiming a breach of good faith. I therefore find against the applicant and dismiss its claims.”

The union and M & C Workers News expected this would be the end of the matter. Once members have been acquainted with the facts they have no interest in having the matter revisisted, unless the company fails to mend its ways as suggested in the ERA determination. Sadly, there are continuing reports from members about harassment related to union membership since this matter blew up last year.

PRESS STATEMENT

When the ERA determination came out, the findings were the subject of an immediate press release by Mana Coach Services.

Mana failed to note that it had lost the case. It said in its press release that according to the ERA “the Tramways Union had 'lost the trust' of Mana Coach Services as a result of an ongoing union campaign to publicise historical grievances...”

In fact this is what the company told the ERA in evidence. It is not, as it seems to be suggested by Mana Coach Services, a finding by the ERA of wrong doing by the union. The fact that Mana Coach Services fel the need to issue this press statement suggests that it doesn't want to put the issue behind it, and put a stop to its conduct that gave rise to it.

When people do not learn from history, so the proverb goes, they are condemned to repeat it. If the union were prevented from discussing disputes that affect members in its publications, the progress towards better employment relations will be impeded.

-----------------------------------------------------------------------------------------

Mana Media Release:

http://www.infonews.co.nz/news.cfm?id=48088

Warnings for Union in Employment Relations Authority Determination – Mana Coach Services and NZ Tramways

The Tramways Union had ‘lost the trust’ of Mana Coach Services as a result of an ongoing union campaign to publicise historical grievances which had been previously dealt with in mediation, according to a determination of the Employment Relations Authority in Wellington released last night.

Mana Coach Services’ claim was that a series of articles published in union newsletters were in breach of a meditated record of settlement in which both parties had agreed to retain confidentiality around the events heard in the mediation process.

Finally the authority asked whether the union’s members’ interests were well served by the publication of historical grievances and warned that unless the relationship between the two parties was improved that the tramways union members would be ‘likely casualties’.

Mana Coach Services Chief Executive, Geoff Norman, said he hoped the findings would put a halt to the guerrilla-like attacks by the tramways union on the company in random publications, and perhaps give union members a good reason to reconsider the actions supposedly undertaken on their behalf.

“Clearly the Authority recognised that union generated publicity was not doing its members any favours, and in fact, it warned that the actions are harming the interests of those members.

“Mana Coach Services went into the initial mediation process in good faith, and complied with the confidentiality agreement reached between the mediation service, the union and ourselves. We are keen to ensure good relationships between all our staff and management.

“Mana Coach Services has a dedicated, hardworking multi-cultural workforce. The substantial majority of the team just want to get on and do their work, and in doing so, support their families and pay their way in life.

“It is in everyone’s interests for these issues to be put behind us and for all in the company to get on with providing an excellent bus and coach service. Re-litigating the past and attempts to recreate the industrial relations environment of the 1970s are a sad waste of effort and time. If the tramways union has issues with the company, they only need to contact me,” Mr Norman concluded.