joining a union

Employees have an absolute right:

• to choose to join a union or to choose to not join a union
• to join a particular union in preference to joining some other union
• to resign from a union.

It is illegal for anyone to use “undue influence” to try to make another person join or not join a union or to resign from a union.

Undue influence may include:

• an employer threatening to make life difficult for, or dismiss, someone unless he or she resigns from a union
• union members engaging in actions to intimidate non-members, or vice versa.

How to join a union

The relevant union can advise you what you need to do to join. If a union or unions are already present in your workplace, you will be able to find out contact details from union members. If not, the NZ Council of Trade Unions (CTU) has a Union Directory on their website listing the contact details of CTU-affiliated and non-affiliated unions, plus a facility called Find Your Union which lists CTU-affiliated unions for specific industries or occupations.

Union members’ rights

Employers may not:

• decline to employ someone because that person is a union member
• offer inferior terms and conditions of employment, or withhold
• training or promotion, to employees because they are union members.

Non-union members’ rights

Employers may not:

• decline to employ someone because that person is not a union member
• offer inferior terms and conditions of employment, or withhold training or promotion, to employees because they are not union members.

Rights of employees engaged in union activities

Employees who have been engaged in union activities have some special protections under the Employment Relations Act 2000.

It is illegal for an employer to offer inferior conditions, to sack, or to force employees out of their jobs because those employees have been active in union-related activities. Such activities include an employee being a union officer or delegate or collective bargaining representative, or an employee claiming employment rights for that employee or for other employees, or participation in a lawful strike.