Showing posts with label Employment Contracts Act. Show all posts
Showing posts with label Employment Contracts Act. Show all posts

Friday, 10 December 2021

Marching To Class War.

We’re from the Employing Class, and we’re here to help”: What the bosses are saying, in effect, is: “We are having none of this. We will not participate in the creation of a minimum set of employment conditions across New Zealand’s industries. If you want Fair Pay Agreements, then you will have to impose them upon the employing class without its consent.” 

AROUND THIS TIME last week, I was thoroughly enjoying myself, writing a parody of “Onward Christian Soldiers” for Christopher Luxon. My take on the old hymn’s refrain had “Luxon’s soldiers” marching to “class war”. Some readers thought that was a somewhat inflammatory characterisation. Class war was soooo Twentieth Century, they insisted. Apparently, my paleo-socialist slip was showing.

Well, maybe not. Today (9/12/21) we learn that Business New Zealand has refused to partner with the State and the NZ Council of Trade Unions (CTU) in the roll-out of Labour’s long-awaited – and well-mandated – Fair Pay Agreements.

This decision can only be interpreted as a deliberate attempt by New Zealand’s employers to sabotage the tripartite structure of the FPA model. What the bosses are saying, in effect, is: “We are having none of this. We will not participate in the creation of a minimum set of employment conditions across New Zealand’s industries. If you want Fair Pay Agreements, then you will have to impose them upon the employing class without its consent.”

I don’t know about you, but that sure sounds like a declaration of class war to me.

How have “Luxon’s soldiers” responded to Business New Zealand’s decision. Well, Luxon’s Workplace Relations and Safety spokesperson, the dry-as-dust neoliberal, Paul Goldsmith, doesn’t really do “unbounded joy”, but, in a media statement released earlier today he certainly comes across as a Happy Chappy.

The Government should ditch its Fair Pay Agreement policy following Business New Zealand’s refusal to be the Government’s preferred partner,” crows Goldsmith. “The agreements would remove the flexibility and autonomy modern workplaces need to grow and flourish.

Oh boy, it’s been a while since we heard that kind of language. It takes me back thirty years to 1991, the year when the Employment Contracts Act came into force.

Goldsmith would have been 20 years old in 1991. For someone of his ideological inclinations, the ECA must have represented the capstone of the Neoliberal Revolution unleashed by Roger Douglas and Ruth Richardson. This crowning achievement, the one big “reform” that Labour dared not undertake, would have struck the young Goldsmith as absolutely sacrosanct. The effective destruction of the trade unionism across the private sector was the critical “reform” that made all the other “reforms” work. Confronted with a unified and confident working-class, Neoliberalism cannot succeed.

Hardly surprising, then, that Goldsmith’s statement included this little gem:

Business New Zealand’s withdrawal lays bare the fact that the national industry awards would have to be imposed by force – denying workers and businesses the right to sort out pay and conditions for themselves.

As if the ECA was not imposed. As if the Act did not, with one ruthless stroke of the legislator’s pen, wipe out rights which New Zealand workers had fought for and won, and which had remained entrenched in the country’s laws for close to a century. As if the people controlling the means of production, distribution and exchange; and those with nothing to sell but their labour – economic and social equals that they so obviously are! – were both clamouring for the right to arrive at mutually advantageous agreements without the pesky intervention of a trade union. As if the 500,000 New Zealanders who marched, rallied and struck against the ECA in March-April 1991 had only done so for a lark – because they had nothing better to do.

Flexible labour markets have been an essential element in New Zealand’s progress in the past 30 years, Goldsmith continued. They have enabled consistent economic growth and job creation, which is the only sustainable way to increase living standards in the long-term.

Umm, no, Paul, that’s not what flexible labour markets brought to New Zealand. The ECA was nothing more, nor less, than an open invitation for New Zealand employers to distil their profits from their workers’ sweat: making them work harder, and longer, for less.

In sophisticated capitalist countries, the state understands the value of an organised labour movement powerful enough to keep workers’ wages high. It is a necessary adjunct to the process of “creative destruction” that allows capitalism to rejuvenate itself. High wages encourage employers to replace workers with machines, or more efficient work practices, thereby lifting productivity – and profits – while building up an increasingly skilled workforce. Win–Win.

The ECA’s “flexible labour markets” – i.e. the destruction of the trade unions – excused the New Zealand capitalist class from doing business better and smarter. It condemned the New Zealand economy to appallingly low and seemingly unimprovable levels of productivity. That made us a low-wage country and sent our best and our brightest across the Tasman to Australia – where the equivalent of FPAs had kept wages high and boosted the productivity of Australian industry.

Though dry-as-dust Neoliberals like Goldsmith are too ideologically blinkered to see it, the ECA – far from being “an essential element in New Zealand’s progress in the past 30 years”, fundamentally weakened both its economy and its society. It drove our most talented citizens offshore, denying the taxpayers, who had contributed so much to the making of these highly-skilled workers, any hope of ever seeing a return on their investment.

There is, accordingly, considerable irony in Goldsmith’s claim that:

There should be a relentless focus on improving our productivity and lifting incomes.

If he was serious about either of those objectives, Goldsmith would be castigating Business New Zealand for undermining what is quite clearly the best hope of improving this country’s appalling productivity, while materially improving the wages of its workforce. Instead, “Luxon’s soldier” offers us this:

Unions now only represent 16 per cent of the private sector workforce – this is all about strengthening the role of unions.

He hasn’t even grasped the fact that union density in New Zealand’s private sector workforce long ago fell below 10 percent. In that brutal statistic is contained not only the tragic story of the National Party’s cold-blooded elimination of trade unionism as a mass movement wielding significant political power on behalf of the New Zealand working class; but also the shameful failure of the CTU to either fight for that class when they still possessed the power to bring the state to the negotiating table, or to do what was necessary to rebuild mass unionism when the political climate changed. (The reasons for the NZCTU’s failure must be left for a future posting.)

What Goldsmith needs no tutoring in, however, is the fundamental elements of class conflict – which achieved their clearest expression in the “flexible labour markets” made possible by the Employment Contracts Act:

Fair Pay Agreements will take us back to the failed policies of the past and should be scrapped, says Goldsmith.

With Business New Zealand drawing up their forces alongside the National Party and Act, it is pretty clear that the employers and their political lackeys have already declared the opening of class hostilities.

The real question now, of course, is whether Labour and the CTU have the guts to declare class war right back at them.


This essay was originally posted on The Daily Blog of Friday, 10 December 2021.

Wednesday, 17 July 2019

Racing To The Bottom, Or Chasing Our Tails?

Always Playing Catch-Up: Throughout the 1970s, the purchasing power of the ordinary worker’s pay packet – the only meaningful measure of his or her wealth – was being eaten away every passing year by seemingly inexorable rises in the cost-of-living. Small wonder that New Zealand (and the rest of the Western world) was plagued by strike after strike, as the unions made increasingly desperate – and ultimately futile – efforts to catch-up. Neoliberalism has many faults, but encouraging inflation isn't one of them.

A NEW FRONT has opened up in an old battle. The New Zealand Initiative (NZI) a think tank funded by this country’s largest corporations, has come out swinging against this government’s proposed “Fair Pay Agreements” (FPA).

As the linear descendent of the Business Roundtable, of unhappy memory, this is hardly surprising. For the NZI’s principal funders, preserving the gains of the dramatic changes in employment law which rounded-off New Zealand’s neoliberal revolution remains a high priority.

In the ears of New Zealand’s biggest bosses, the FPAs sound too much like the old “Industrial Awards”, which, for nearly 100 years, underpinned the industrial relations system swept away by the Employment Contracts Act 1991 (ECA).

It has been an article of faith among trade unionists (and the Left generally) that the passage of the ECA led directly to a decisive shift in the balance-of-power in the workplace. Not only between the boss and the union, but also – and more generally – between wage and salary earners and shareholders. The ECA has caused the share of national wealth claimed by the workers to shrink, the Left insists, while growing the share claimed by the capitalists.

All the other arguments advanced by the labour movement: that the employment relationship, as modified by the ECA and its successors, has grown increasingly one-sided and unfair; is based upon this crucial statistic. If the size of the Capitalists’ slice of the national pie has, indeed, grown relative to the workers’ slice, then change is justified. If, however, the slices have remained more-or-less the same, or, if the workers’ slice is growing (albeit very slowly) then the Left’s case for change is weakened – perhaps fatally.

Hence the NZI’s latest offensive: a statistical dagger-thrust at the unions’ key argument that unjust employment laws are keeping the workers poor, weak and exploited. Here’s the point of the dagger:

“[I]t is claimed current labour market settings have seen a decline in the share of New Zealand’s gross domestic product (or “share of the pie”) going to workers. This concern is a myth. The share of GDP going to workers did decline in the late 20th century, but this fall largely occurred in the 1970s and 1980s (at a time when New Zealand had a system of industrial awards similar to the FPA arrangements proposed by the FPA[Working Group]). Since the 1991 reforms, the decline in workers’ share of GDP has been arrested and is now trending upwards.”

Could this possibly be true? Actually, the NZI just might be right.

A week or so ago, while researching another topic entirely, I had cause to refer to my late mother’s amazing collection of Encyclopaedia Britannica yearbooks. In the entry devoted to New Zealand in the year 1977, I read with astonishment that the rate of inflation recorded for 1976 was 15.6 percent. In March of 1977, however, the Wage Hearing Tribunal had awarded wage workers an across-the-board increase of just 6 percent. The unions had asked for 12.8 percent. In other words, the purchasing power of the ordinary worker’s real wage had shrunk by at least 6.8 percent – probably more.

No matter that union membership was compulsory in 1977. No matter that industrial awards mandated a minimum set of wages and conditions across entire occupational groupings. The purchasing power of the ordinary worker’s pay packet – the only meaningful measure of his or her wealth – was being eaten away every passing year by these seemingly inexorable rises in the cost-of-living. Small wonder that New Zealand (and the rest of the Western world) was plagued by strike after strike, as the unions made increasingly desperate – and ultimately futile – efforts to catch-up.

Clearly, there were more ways of killing the poor old worker’s cat than by hitting it over the head with the ECA.

The Council of Trade Unions may be right about the ECA and its workplace bargaining setting off a “race to the bottom”, whereby wages are constantly being suppressed by employers competing aggressively to reduce the size of their wage bill. But, the very same rigors of competitive neoliberal microeconomics are also preventing employers from simply passing on the wage rises secured through collective bargaining into the price of their goods and services.

While neoliberalism holds inflation in check – allowing workers’ real wages to rise – the trade unions will struggle for members – and relevance.

This essay was originally published in The Otago Daily Times and The Greymouth Star of Friday, 12 July 2019.

Wednesday, 12 September 2018

“Nothing Without A Demand” The Need For A New Union Movement.

“If there is no struggle, there is no progress. Those who profess to favour freedom, and yet depreciate agitation, are men who want crops without ploughing up the ground. They want rain without thunder and lightning. They want the ocean without the awful roar of its many waters. This struggle may be a moral one; or it may be a physical one; or it may be both moral and physical; but it must be a struggle. Power concedes nothing without a demand. It never did and it never will.” - Frederick Douglass

FOR 27 YEARS wage workers in New Zealand have been forced to endure “labour market flexibility”. In the guise of, first, the Employment Contracts Act (1991) and then, the Employment Relations Act (2000) a workplace regime specifically designed to advantage employers has steadily whittled away workers’ collective economic security.

Their legal power to act as a class, by striking in solidarity with other workers engaged in industrial action, has been nullified by the legislative strategies of both the National and Labour parties. The consequent engorgement of employer power has fundamentally redrawn the contours of class relations in New Zealand. Until they are redrawn again – this time in the workers’ favour – New Zealand society will continue its long, slow slide into narcissism and cruelty.

So entrenched has the employers’ advantage in the workplace become that the Labour-NZF coalition government’s promised restoration of the core content of the Employment Relations Act: those rights steadily whittled away during nine years of National Party rule under John Key and Bill English; is being represented by the employers as an example of how “ideology rather than solid public policy [is] driving decisions”.

The bare-faced affrontery of this assertion is stunning. As if the Employment Contracts Act wasn’t the product of the most clear and uncompromising ideological calculation. The Act was widely regarded as a legislative marvel, celebrated by right-wingers around the world as the most effective means of taming the unions (short of deploying tanks and guns) which the promoters of “free markets” had yet devised.

Its successor, the Employment Relations Act was, if anything, even more ideological. Its Labour Party sponsors took care to give just enough – but no more – to the battered trade union bureaucracies. The changes contained in the Act permitted what remained of the New Zealand trade union movement to survive – but not thrive. What it most emphatically did not do was encourage the mass re-unionisation of the workforce, with all that implied about bringing ordinary working people back onto the country’s political stage.

Not that the surviving union bureaucracies would have been at all keen to see such a decisive shift in power relations. Prior to the Employment Contracts Act, the “electorates” of the major trade unions ran into the tens-of-thousands. To become a union secretary (the equivalent of a CEO) one had first to be elected by the rank-and-file membership. This could involve anything up to 35,000 union electors being eligible to cast a postal ballot. Today, union leaders are elected by a few dozen hand-picked conference delegates.

The annual conferences of the old Federation of Labour (1936-1989) which attracted hundreds of politicised working-class delegates have been replaced by the profoundly undemocratic Council of Trade Unions’ biennial get togethers. Gatherings that seldom attract more than fifty souls – most of them paid union officials.

It’s facts like these that make the National Party’s claim that the Labour-NZF Government’s reforms will “return us to 1970s-style adversarial union activity” so utterly nonsensical. The “Fair Pay Agreements” which, of all the proposed changes, come closest to resurrecting the bargaining structures of the 1970s, cannot be secured by industry-wide strike action. The employers have the Prime Minister’s word on that.

What’s more, the National Party’s Workplace Relations and Safety spokesperson, Scott Simpson, has stated bluntly that: “The Employment Relations Amendment Bill will go down as one of this Government’s biggest economic mistakes and a future National-led Government will repeal the provisions”.

The rights of working people will thus be traded back and forth like chips on the political poker table. Neither National nor Labour are really interested in hearing how workers themselves would prefer the modern workplace to be organised, or in learning about ways that the twenty-first century economy, with all its technological miracles, might be so regulated as to ensure that the benefits of robotics and artificial intelligence accrue to the benefit of the whole population – and not just to the shareholders of the transnational corporations who own the patents.

What will it take for that to happen? Well, it will take a lot more than simply voting for the Labour Party, the Greens or NZ First. [Who are already showing signs of backing away from Labour’s proposed reforms.]

The first step towards the construction of a new union movement is a commitment to learn from the past. Grasping the key historical fact that the trade unions were not the creation of the Labour Party; the Labour Party was the creation of the trade unions. That only a broad-based and independent workers’ movement can generate the necessary industrial and political heft to ensure that the interests of working people are not simply shunted aside by the bosses and their enablers.

Such movements have happened before in New Zealand history. Massive waves of unionisation, often followed by militant industrial struggle, during which the employing class was given good reason to fear the power of organised labour. In place of strife, the employers were moved to search for some way of living in peace with the trade unions: an arrangement that was capable of benefitting both parties to the employment relationship. Absent that fear; absent that independent organisation; neither of the major political parties will feel under the slightest obligation to address the interests of working-class New Zealanders. National will look after its own, and Labour will look after itself.

Frederick Douglass (1817-1895) the freed African-American slave and tireless toiler in the anti-slavery cause, wrote movingly of the unavoidable nature of struggle:

“If there is no struggle, there is no progress. Those who profess to favour freedom, and yet depreciate agitation, are men who want crops without ploughing up the ground. They want rain without thunder and lightning. They want the ocean without the awful roar of its many waters. This struggle may be a moral one; or it may be a physical one; or it may be both moral and physical; but it must be a struggle. Power concedes nothing without a demand. It never did and it never will.”

This essay was originally posted on The Daily Blog of Tuesday, 11 September 2018.

Monday, 11 June 2018

It’s Time To Stop Subsidising New Zealand’s Least Efficient Employers.

The Biggest Subsidy Of All: Rather than force inefficient businesses – and businessmen – out of the economy, the National Government of Jim Bolger, Ruth Richardson, Jenny Shipley and Bill Birch opted to keep inefficient businesses afloat by allowing them to consistently reduce their wages bill.

NEW ZEALAND has a major problem with the way its bosses do business. In simple terms, the problem boils down to this: Kiwi employers expect Kiwi workers to subsidise their profits.

It has been this way since 1991 when the Employment Contracts Act effectively eliminated the institutions principally responsible for ensuring a fair distribution of businesses’ surpluses between shareholders and employees – the trade unions.

The elimination of state-sanctioned and state-facilitated collective bargaining was intended to depress wages and boost profits. On both counts it was extremely successful.

In the years immediate following the passage of the Employment Contracts Act, profits rose spectacularly and union density fell precipitately. In the 1980s, more than half the private-sector workforce were unionised; today, fewer than one-in-ten private-sector workers belong to a trade union. Without unions, Kiwi workers’ share of the wealth they’d helped create began a steady decline which has yet to cease. In 2018, the purchasing power of their wage packets is not much higher than it was in the 1970s.

The comparison with Australia – where collective bargaining enjoys far greater protection – is as bleak as it is alluring. The wages paid to Australian workers are, on average, a full third higher than the wages paid to workers doing the same jobs in New Zealand. Small wonder that so many skilled New Zealanders have “crossed the ditch”.

Bad though this situation has been for New Zealand’s workers, their subsidisation of the nation’s businesses has had an even more malign impact on the New Zealand economy as a whole.

In theory, capitalist enterprises grow more profitable by becoming more efficient – more productive. Fewer – but better – workers is the goal. A firm’s investment in better machines and more highly-skilled (and highly-paid) staff may be expensive in the short term, but the long-term improvement in its performance will not only increase its profitability, but also cause it to become more resilient and competitive.

This was precisely the conclusion arrived at by government, employer and union representatives in Sweden in the late-1970s and early-1980s. Together, they embarked upon a project to “compress” wages – i.e. reduce the gap between the lowest and the highest paid workers – by means of what the Swedish unions called “solidaristic wage bargaining”. Highly-skilled and highly-paid paid workers in the most efficient industries moderated their wage demands, while the unions representing Sweden’s low-paid workers demanded more.

Did this force some firms to go out of business? Yes it did – that was the whole idea. Wage compression forced Swedish employers to either become more efficient – or go under. The improvement in Swedish productivity and the stimulatory effect of higher wages easily absorbed the workers laid-off by the businesses forced to close. Firms whose proprietors probably shouldn’t have been in business in the first place.

New Zealand’s solution was the exact opposite of Sweden’s. Rather than force inefficient businesses – and businessmen – out of the economy, the National Government of Jim Bolger, Ruth Richardson, Jenny Shipley and Bill Birch opted to keep inefficient businesses afloat by allowing them to consistently reduce their wages bill.

Slashing the basic level of social-welfare assistance by 25 percent was the indispensable companion-policy to National’s low-wage strategy. No matter how low wages fell, it was absolutely vital that benefits fell lower. Being in work had to be preferable to being on the dole.

Regrettably, the Labour-led government of Helen Clark and Michael Cullen failed to reverse National’s low-wage strategy. Not only did they decline to restore the trade unions to anything like their former strength, but they augmented National’s low-wage strategy by introducing “Working For Families” which was nothing more nor less than a massive wage-subsidy to New Zealand’s worst employers, and yet another structural impediment to New Zealand capitalism improving its overall efficiency and productivity.

The question to be answered now is whether or not the present Labour-NZF-Green Government is willing to take the steps necessary to purge the New Zealand economy of its least efficient employers and force the rest of them to lift their game? Neither John Key nor Bill English were willing to put an end to the rank injustice of a system that kept bad bosses afloat by constantly shrinking their workers’ slice of the pie.

Could Iain Lees-Galloway’s lifting of the minimum wage to $20.00 by 2020 be interpreted as a first step towards solidaristic wage-bargaining?

This essay was originally published in The Otago Daily Times and The Greymouth Star of Friday, 8 June 2018.

Monday, 24 April 2017

“Better Late Than Never, Jim!” – Bolger On The State Of The Unions.

Second Thoughts: It speaks well for Jim Bolger that he now recognises, albeit very belatedly, that the Employment Contracts Act, one of the key pillars of the neoliberal order which his government consolidated, has contributed hugely to the growth of inequality in New Zealand .
 
JIM BOLGER’S IMPLIED CRITICISM of his own government’s assault on organised labour is astonishing. The Employment Contracts Act 1991 ranks as one of the most extreme examples of anti-union legislation in post-war history. Certainly, the equivalent statutes enacted in the USA, the UK, Canada and Australia pale in comparison. From the legislation introduced by Jim Bolger’s close friend and ally, Bill Birch, even the word “union” was excluded.
 
Nor should it be forgotten that Jim Bolger had “form” in the union-busting business. As Minister of Labour in Rob Muldoon’s government he had, in 1983, been responsible for legislating compulsory unionism out of existence.
 
It was the catastrophic impact of Bolger’s legislation on union membership numbers that made the Federation of Labour (FoL) so biddable in the first flush of Rogernomics. New Zealand’s trade union leaders were willing to swallow just about anything from the Fourth Labour Government – in return for the restoration of compulsory union membership.
 
Labour obliged, but Stan Rodger, David Lange’s Minister of Labour, let it be known that this would be the last time that the political wing of the labour movement rode to the rescue of the industrial wing. The union movement, Rodger sternly insisted, must learn to stand on its own feet without the assistance of the unqualified preference clause.
 
To assist the unions, Rodger introduced the Labour Relations Act. The new legislation, in an attempt to make the typical New Zealand trade union bigger and better, mandated a membership base of 1,000, offered assistance for union amalgamations and encouraged the evolution of industry bargaining. Rodger also made it clear that the Labour Government expected the public and private sector unions to come together in a single peak organisation – the NZ Council of Trade Unions.
 
Rodger’s reforms sent a clear signal to Bolger and Birch that a future National government’s industrial relations legislation would not automatically be repealed by the next Labour government. They took this as a green light for a root-and-branch reform of the New Zealand labour market. With the assistance of the Business Roundtable, Birch and his advisers began drafting the legislation that would become the Employment Relations Act 1991.
 
In his interview with RNZ’s Guyon Espiner, Bolger volunteers the observation that the unions have become too weak. On the face of it, this is an extremely odd observation. After all, Bolger was well-aware of what would happen to union density in New Zealand the moment the prop of compulsory membership was removed. The experience of 1983-84 was there for all to see. The abolition of standard, occupation-wide contracts (known then as “awards”) applicable to everyone employed to do the same work, was similarly guaranteed to knock the stuffing out of the union movement. How could Bolger possibly entertain the notion that the Employment Contracts Act would not, in very short order, transform the union lions into lambs?
 
Possibly because the leadership of the NZCTU had reassured him that the reformed union movement: bigger and better resourced than ever before; was more than capable of weathering his storm.
 
I have been told by a former trade union leader that the President of the CTU in 1991, Ken Douglas, was convinced that the changes enshrined in the Employment Contracts Act would not cause a precipitate collapse in union density, and that employers would be amenable to the continuation of industry-wide bargaining and agreements. On the basis of Bolger’s recent remarks, it seems likely that Douglas conveyed this confidence to the newly-elected National Government. Certainly, it would explain why the Bolger Government felt able to introduce legislative measures which, in other jurisdictions (like France!) would have been met with massive resistance – up to and including a General Strike.
 
It is, of course, a matter of history that Ken Douglas and his allies in the public sector unions refused point-blank to support the private sector unions’ call for massive resistance. Not even the outpouring of tens-of-thousands of workers onto the streets in the early months of 1991 and the passing of multiple rank-and-file resolutions in favour of a General Strike, were enough to shake the opposition of Douglas and the public sector union bosses. At a special executive meeting of the CTU on 18 April 1991, a motion calling for a one day General Strike was defeated 190,910 to 250,122.
 
As things turned out, the grim misgivings of the rank-and-file and the private sector union leaders proved to be correct, and Douglas’s belief that the new, improved union movement could handle anything the Nats threw at it was shown to be entirely unjustified. In just a few years union density (the percentage of the workforce belonging to a trade union) fell by more than half.
 
The fate of private sector workers over the past quarter-century has been especially hard. Union density in the private sector has fallen from just under 50 percent in 1990 to less than 10 percent in 2017. The cost, in terms of worsening working conditions and stagnant real wages, is plain for all to see.
 
If they were, in fact, given, any reassurances from Douglas concerning the unions’ long-term resilience have proved to be spectacularly misconceived. Their expression would, however, provide some sort of explanation as to why, twenty-six years on, the former National prime minister expresses surprise that New Zealand’s trade unions have become so weak. At the time, Bolger (who has always struck me as a fundamentally decent person) may have consoled himself that the Employment Contracts Act’s bark would be worse than its bite. It speaks well of the man that he now recognises that the signature legislation of his premiership has contributed hugely to the growth of inequality in New Zealand.
 
This essay was originally posted on The Daily Blog of Saturday, 22 April 2017.

Thursday, 21 January 2016

Not By "Bread And Butter" Alone: Making The Case For A More Inclusive Left.

Emancipation and Solidarity: Powerfully illustrated in the 2014 movie Pride, the emancipatory impulse has the power to transform and enliven the labour movement. An authentic human identity is only available to those who insist on being something more than the means to someone else’s end. Who we are now, and what we may yet become: both conditions drive us forward. In this respect, “progressive politics” and “identity politics” are one and the same.
 
STEPHANIE RODGERS IS RIGHT. It is impossible to build a mass movement for progressive change by ignoring or rejecting, “issues faced by the majority of people in society.” In fact, a movement in which demands for action on these issues are not thrust forward constantly is, almost certainly, not a progressive movement at all.
 
The longing for emancipation, like lightning, cannot be caught in a bottle. It is as wild and dangerous as it is beautiful and brilliant – and it will not be gainsaid. Nor should it be, because the quest for social progress is about nothing if it is not about creating a world in which an ever-increasing number of people are free to live happy, rewarding and fulfilling lives.
 
The past successes of the Left owe almost everything to honouring the emancipatory impulse, and its failures are almost all attributable to the fear generated by emancipation’s disruptive effects. Where this fear takes hold, it typically manifests itself in attempts to narrow the movement’s objectives; manage its members’ expectations; and strictly control their conduct.
 
Nowhere is this narrowing, managing and controlling strategy more in evidence than in the trade union movement. Even in “the glory days of compulsory unionism” it was, more often than not, the standard operating procedure of organised labour.
 
It’s years ago now, back when I was a young union official, but I can still remember the extraordinary speech delivered by a regular rank-and-file delegate to his union’s annual wage negotiations. He passionately condemned year-upon-year of compromise and surrender by the union’s leadership, and ended by thumping his clenched fist on the bargaining table, and shouting: “I say we FIGHT!” The impact of his words on the other rank-and-filers was electric, and the union’s paid officials all looked to me, a fellow bureaucrat, to break the delegate’s spell, lower the members’ expectations, and generally calm the whole discussion down. When I said simply, “I have nothing to add to _____’s contribution”, my colleagues were aghast. The vote was to strike, and the strike was won, but I was never again invited to join the inner-sanctum of official union negotiators.
 
It was only when the unions were prevailed upon to widen the scope of their concerns that their enormous progressive potential was revealed. Not only did Sonja Davies’ championing of the Working Women’s Charter open up the whole issue of the role and status of women in the trade union movement, but it also forced male trade unionists to think about how women were treated in society generally.
 
In a movement peopled by “hard men” and “militants” this was a challenging proposition. Was the bloke so quick with his fists on the picket line equally pugilistic on the home front? What did it mean that his wife was more frightened of him than any scab? And why, when the bosses’ advocates told such awful sexist jokes in the hotel bar after a deal had been signed, did so many of the union delegates join in the laughter? When the debate was about working-class sexism and homophobia, that old union standard “Which Side Are You On?” took on a new and unsettling meaning.
 
Through the 1980s and into the early 1990s the debates raged. More and more women began taking the lead in union affairs; more and more issues were making their way onto the agendas of union conferences. Over six years, the Fourth Labour Government’s Trade Union Education Authority trained thousands of union delegates. For decades the labour movement had limited its purview to “bread and butter issues” – no more. Workers needed little encouragement to begin thinking of their movement as something much more than simply a provider of “bread and butter”.
 
Just how ready they were to assert that wider view of workers’ – and human – rights was demonstrated at the end of 1990 when National’s Bill Birch introduced the Employment Contracts Bill. In a curious way, the ECB’s objectives weren’t that far removed from those of the old-style unionists: to narrow, manage and control. (All the legislation did was cut out the union middle men!) The Council of Trade Union’s affiliated members were having none of it. In the first four months of the following year scores of thousands of them marched and met and voted and declared: “I say we FIGHT!”
 
Would that their officials had learned as much about democracy and emancipation as they had! A union friend of mine once observed of the Moscow-aligned communists in the Socialist Unity Party: “They’d rather keep control of the losing side, than lose control of the winning side.” Never was that more true than in April 1991! Ignoring the wishes of their rank-and-file members, the leaders of the largest CTU affiliates voted down (by a narrow majority) the motion to call a General Strike against the ECB.
 
Narrowing, managing, controlling: isn’t that the story of the last thirty years? And isn’t the need for a movement driven by the emancipatory principle greater now than it has ever been? We have seen our lives narrowed, managed and controlled to the point where even the idea of rebellion now seems implausible, impossible, absurd. But an authentic human identity is only available to those who insist on being something more than the means to someone else’s end. Who we are now, and what we may yet become: both conditions drive us forward. In this respect, “progressive politics” and “identity politics” are one and the same.
 
If, in our “left-wing movement”, it’s become a sin to struggle for anything more than just “bread and butter”, then I, for one, range myself proudly on the side of the sinners.
 
“I say we FIGHT!”
 
This essay was originally posted on The Daily Blog of Wednesday, 20 January 2016.

Tuesday, 1 April 2014

Protest Futile In The Absence Of Consensus Politics

Who's Listening? Protests remain effective only while the political and economic consensus that governments should respond to their citizens' grievances persists. New Zealand's neoliberal revolution of the 1980s and 90s overturned that consensus. All that protests do now is convince neoliberal politicians that their policies are producing the intended effects.

RELIABLE ESTIMATES of the size of the weekend protests against the Trans-Pacific Partnership Agreement (TPPA) put the number of participants at a modest 2,500. Martyn Bradbury, colourful editor of The Daily Blog, speaking to more than 1,000 “It’s Our Future” protesters in Auckland, said:
 
“I think that it really shows that economic sovereignty issues are actually quite central to New Zealanders’ concept about who they are and how they see themselves and losing that kind of sovereignty is a major concern — it’s no longer just a fringe issue.”
 
Bradbury later described the nationwide protest effort as “an incredible turnout for the esoteric intricacies of free trade deals”.
 
Placed alongside the great protests of the past, a nationwide turnout of 2,500 in defence of New Zealand’s “economic sovereignty” is indeed “incredible” – but perhaps not in the way Martyn meant!
 
But even if the “It’s Our Future” protests against the TPPA had reached the 50,000 benchmark figure established by Greenpeace’s highly effective protest against mining in national parks, it is highly debatable whether it would have been sufficient to make this government reconsider it iron-clad commitment to free trade.
 
The presence of large numbers of protesters on the streets no longer seems to give governments pause. Evidence of widespread public dissent long ago ceased to be politically decisive because policy-makers are no longer driven by the need to preserve a broad political consensus. Opposition is generally anticipated by today’s politicians, and provided it does not come from those economic and social actors deemed critical to their re-election, it is also generally ignored.
 
One has only to think of the hundreds-of-thousands of “indignacios” (indignant ones) who poured onto the streets of Spain during the worst months of the Global Financial Crisis. Or, recall the grim street-battles between police and protesters outside the Greek parliament in Athens as that impoverished country’s legislators voted to accept the European Union’s rescue package – along with the vicious austerity measures that constituted its political price.
 
What was it, then, that made the maintenance of a broad political consensus so important in the past and why is that no longer the case?
 
In the three decades following World War II – a period sometimes referred to as “The Age of Consensus” – the maintenance of social peace and prosperity remained the No. 1 political objective of both the centre-left and the centre-right. The “historic compromise” between capital and labour (big business and the trade unions) which had given birth to the Welfare State required both sides to restrain their radical extremes and cleave to the middle way. With memories of the Great Depression and the War still fresh in the minds of most citizens, any other course of action would have been most unwise.
 
Throughout this period, any manifestation of widespread social and/or political dissent was, accordingly, regarded as a direct threat to the prevailing bipartisan consensus. Prime-ministers and Leaders of the Opposition, alike, responded quickly (and often favourably) to the protesters’ demands.
 
The socially levelling effects of consensus politics could not, however, endure beyond the point where they began to undermine the power and persuasiveness of capitalism itself. The extraordinary success of Margaret Thatcher and Ronald Reagan is largely explained by their willingness to challenge the core elements of the Age of Consensus by attacking the unions, abandoning progressive taxation and reducing the responsiveness of the state. The neoliberal revolution which Thatcher and Reagan unleashed was thus predicated on the assumption that if the minority who mattered in capitalist society were to go on mattering, then the majority was going to have to learn to be disappointed.
 
Hence the dwindling impact and effectiveness of protest. Far from spurring Governments to reconsider their policies, mass protests actually provided them with evidence that the contested policies were correct. The 300,000 workers who protested against the National Government’s Employment Contracts Bill during the first fortnight of April 1991, far from constituting proof of the Bill’s inequity, merely confirmed for the Right the urgent necessity of its passage.
 
But if protest no longer works how are we to explain Greenpeace’s success? Or, for that matter – Ukraine’s?
 
In the former case it was not Greenpeace’s mobilisation efforts alone that made the difference. Tens of thousands of National Party members and voters had directly communicated their outrage to National’s MPs through letters, e-mails and phone-calls. These were the government’s core supporters in rebellion. They counted.
 
The protesters who overthrew the Ukrainian Government possessed an advantage that all the protesters described above lacked: the covert support of the armed forces. They knew that violence against the police would not be answered by violence from the army. What happened in Kiev’s Independence Square wasn’t a protest – it was a coup d’état by crowd.
 
Strip the state of its armed protection and mass protest rapidly escalates into full-scale revolt.
 
This essay was originally published in The Press of Tuesday, 1 April 2014.

Friday, 17 May 2013

The Lies That Bind: National's Attack On Parliamentary Sovereignty

No Higher Authority: The animating principle of the doctrine of parliamentary sovereignty is that no parliament may bind another: that the popular will recognises no impediments. In spite of former National governments taking full advantage of that principle, the present government is seeking to lock -in its "dirty deal" with Sky City Casino for the next 35 years.
 
BILL ENGLISH has just delivered his fifth budget. No doubt he is proud of his achievement, even if, like any experienced parliamentarian, he knows that all political achievements are as grass: “In the morning it is green, and groweth up: but in the evening it is cut down, dried up, and withered.”
 
The budget decisions, law changes and back-room deals of one parliament are always at risk of being laid low by the next. This is so because the animating principle of parliamentary sovereignty is that no parliament may bind another. Were it not so, democracy would be a cruel sham, and the expression “electoral mandate” would have no meaning.
 
The Greens understand the principle of parliamentary sovereignty very well. Indeed, we saw it applied earlier this week, when they declared that, if elected, they will void the compensation agreement just negotiated between the present, National-dominated parliament and Sky City Casino.
 
The Greens have strong moral objections to what they are calling “this dirty deal”. They do not believe that it’s “okay” for a government to promise extra pokie machines, more gaming tables and a thirty-five year extension of the casino’s gambling licence in return for Sky City building Auckland a convention centre. Nor will they accept the National Government’s attempt to bind future parliaments to the deal by promising Sky City millions of taxpayer dollars if a future government decides to modify or cancel the agreement.
 
The outraged response from senior government figures to the Green’s announcement is more than a little worrying. None of them appear to understand the long-standing constitutional convention that one parliament cannot bind another. The Economic Development Minister, Steven Joyce, in particular, appears to believe that forcing future parliaments to honour present deals is simply good business practice. Something akin to taking out insurance against unforeseen disasters. (By which he presumably means the election of a Labour-Green Government!)
 
Ironically, the National Party has never demonstrated the slightest respect for deals done, contracts signed, or even civil rights conferred by previous parliaments. Perhaps the most egregious example of a National Party-dominated parliament simply tearing-up a contract negotiated and signed by its Labour Party-dominated predecessor occurred 52 years ago, in 1961.
 
The Second Labour Government (1957-60) had embarked on an ambitious programme of industrial development. One of the more significant elements of Labour’s plan was the construction of a large cotton mill outside Nelson. Tenders were called and a contract eventually signed with a British-based company by the New Zealand Government.
 
Before construction could get underway, however, the 1960 General Election produced a National Party majority in the House of Representatives. A group of newly-elected National MPs, led by the pugnacious young Member for Tamaki, Robert Muldoon, were bitterly opposed to the Nelson cotton mill and prevailed upon their caucus colleagues to call a halt to its construction. The signed legal contract with the British company was simply abrogated. Obviously, the British were miffed, but, being followers of the same Westminster traditions of representative government as New Zealanders, they also understood: one parliament cannot bind another.
 
Twenty-three years ago, in 1990, an incoming National Government again felt under no obligation to respect the legislated will of previous New Zealand parliaments. The Employment Contracts Act of 1991 stripped nearly a century’s-worth of accumulated legal rights from hundreds of thousands of New Zealand workers. Their hard-won contracts of employment, known as “national awards”, were simply legislated out of existence.
 
Of course, the National Party and its ideological allies will neither recognise, nor concede, the flagrant political hypocrisy involved in any attempt to prevent the Left from invoking the same, long-standing, constitutional conventions to which the Right has had repeated recourse over the past six decades.
 
The conservative notion that the social, economic and political status-quo represents not the transitory victory of a particular political party, but the natural order of the universe, has a long and disreputable pedigree. It explains why statements of principled intent, like the Greens’, are treated as proof not only of wilful stupidity - but downright wickedness - by the Right.
 
What such responses betray is the Right’s deep-seated unease with the whole idea of democracy. National’s insistence that its deal with Sky City – a deal many Kiwis revile as both improper and immoral – must remain sacrosanct, is, of itself, the best reason for breaking it.
 
This essay was originally published in The Waikato Times, The Taranaki Daily News, The Timaru Herald, The Otago Daily Times and The Greymouth Star of Friday, 17 May 2013.

Friday, 18 January 2013

Australia's Coolies

Second-Class Non-Citizens: Australia's and New Zealand's Nineteenth Century immigration policies discriminated viciously against the Chinese, denying them the same political, economic and social rights as those enjoyed by their workmates and neighbours. In the Twenty-First Century, Kiwis seem to have replaced the Chinese as Australia's second-class non-citizens - to the ultimate advantage of New Zealand's employing class.

WE HAVE BECOME Australia’s coolies. Openly discriminated against by state and federal authorities, New Zealanders and their children are officially denied the same social and political rights as their Australian neighbours and workmates. Nearly half-a-million Kiwis living in Australia are subjected to taxation without representation – the same injustice against which Americans rose in revolt in 1776. But so downtrodden and spiritless have we become that every year more than 40,000 of us voluntarily submit to the same sort of racist restrictions our government once imposed on Chinese immigrants.
 
Why are so many New Zealanders willing to endure such naked discrimination? And why has their government been so abject, so supine, so utterly useless at defending their rights?
 
The answers have much to do with the relative strength of the New Zealand and Australian economies. Overwhelmingly, those boarding the airliners for Sydney, Melbourne, Brisbane and Perth are economic migrants. Australian wages are between thirty and fifty percent higher than those paid for similar work in New Zealand – in some trades and professions twice as high. For scores of thousands of under-employed and under-paid Kiwis, the lure of a decent pay-packet is simply irresistible.
 
But economics is not the whole explanation for the huge numbers emigrating to Australia. People do not abandon their homelands lightly. To leave behind family, friends, colleagues and all the familiar and reassuring geography of hearth and home one must be driven by factors of equal or even greater emotional force. Fear, shame, resentment, greed and lust will drive people across borders; but so, too, will the conviction that their homeland is not only unable to offer them and their loved ones a life worth living, but also that, really, it doesn’t care.
 
The creation of such a deadly malaise is never attributable solely to the failings of those in authority. Our rulers remain in place because we are content to leave them there. So, while governments may be the immediate cause of the deep disillusionment that drives citizens from their shores, there must also be a significant portion of the population which is, if not gratified, then at least untroubled, by their departure.
 
In New Zealand’s case the culprits are not hard to find. One has only to identify the class of citizens who have gained the most from the economic and social settings driving so many of their compatriots across the Tasman. Overwhelmingly, it is the employing class which is most untroubled – even gratified – by the level of emigration.
 
Changes to employment law dating back to 1991 began the uncoupling of New Zealand and Australian wage rates. The steady reduction of the social wage paid to New Zealanders in the form of state-funded health, education and housing services, which had begun ten years earlier with tax and spending cuts, was thus rendered even more destructive. Other economic “reforms” led to the wholesale deindustrialisation of New Zealand and a dramatic rise in structural unemployment. The social and political consequences of these changes were devastating, but without the safety-valve of emigration to Australia they would also have been unsustainable.
 
Had Kiwis not been able to escape across the ditch, unemployment levels in New Zealand would have generated an electoral backlash of sufficient force to undo the neoliberal “reforms” from which employers had gained so much economic, social and political power. But, with neither of the major political parties willing to incur the wrath of the employing class (just a little of whose power the Clark-led Labour-Alliance Government experienced in the  “Winter of Discontent” of 2000) the changes required to convince New Zealanders that their government was, indeed, committed to helping them make a better life for themselves were never introduced.
 
And so the exodus continues. To paraphrase King Richard II’s contemptuous response to the defeated remnants of the Peasants Revolt of 1381: “Coolies we are, and coolies we shall remain.”*
 
Until such time as we find the courage to build again a nation worth loving – not leaving.

* When the vanquished rebels enquired of their King whether his promise to abolish villeinage (serfdom) still held, he replied: "Villeins ye are still, and villeins ye shall remain."
 
This essay was originally published in The Dominion Post, The Waikato Times, The Taranaki Daily News, The Timaru Herald, The Otago Daily Times and The Greymouth Star of Friday, 18 January 2013.

Friday, 12 March 2010

Grievance Mode

Kate Wilkinson, Minister of Labour.

KATE WILKINSON’S cautious dismantling of the Employment Relations Act continues. Her latest move, a review of the Personal Grievance (PG) provisions of the Act, would seem to confirm the Council of Trade Unions’ suspicions that the National-led Government intends to implement its employer-driven agenda incrementally – rather than with an Employment Contracts Act (ECA) style "king-hit".

It’s a short-sighted policy. Wilkinson and the employers’ representatives both appear to have forgotten the crucial role which universal PG mediation played in bedding the ECA in and making it work.

In most workplaces the tone of industrial relations is set by just two or three employees. Back in 1991, the ECA reassured these – the most assertive and self-reliant members of the workforce – that PG mediation would always be there to protect them against unjustified dismissal. If it hadn’t, they almost certainly would’ve stuck with the unions. And to give this union-based "insurance" teeth, they’d have made damn sure all their workmates did too.

The universal availability of PG mediation thus played a vital role in the de-unionisation of the New Zealand workforce. First, it persuaded the more individualistic and self-confident workers that they didn’t need to join a union to be protected against an incompetent and/or vindictive boss – thereby robbing the union movement of its most effective recruiters. Second, it gave employers a powerful financial incentive to behave decently towards their employees – thereby denying the unions’ the steady stream of horror stories required to keep union members paying their dues. As Jock Barnes, the militant hero/villain of the 1951 Waterfront Dispute, was fond of saying: "The boss is always the worker’s greatest organiser."

Viewed objectively, the employers’ demands to weaken the legislative guarantees surrounding PG mediation would appear to be self-defeating. Perhaps Bill Birch, the author of the ECA, should take Alastair Thompson of the Northern Employers and Manufacturers Association, and Business New Zealand’s Phil O’Rielly to one side and remind them why clauses mandating a 90-day probationary period for new employees, and the elimination of PG mediation, were never included in the original legislation.

After all, it’s not as if Birch was under any pressure from the trade union movement to step away from such extreme measures. While the legislation was still making its way through Parliament in the summer of 1991, the then President of the CTU, Ken Douglas, made it crystal clear to New Zealand’s trade unionists that he would neither counsel, nor lead, any form of mass struggle against the Bill’s passage.

This supine response from the country’s most prominent communist caught the National Government off-balance. They’d anticipated a major stoush over the bill and had been ready to offer concessions. As it turned out, they got everything they wanted – and could have got a lot more. But, as explained above, there were at least two very good reasons for not pushing their luck.

That the CEO of Business New Zealand, twenty years after the passage of the ECA, feels able to assert, without fear of serious professional embarrassment, that the elimination of what few legal protections remain for New Zealand’s workers will lead to an improvement in the country’s overall economic performance – is deeply troubling.

It suggests the business community has learned absolutely nothing from the experience of the ECA, and that many still believe that boosting profitability by slashing labour costs (especially the costs of hiring and firing) is the only way to go.

Where are the calls for more spending on research and development? For upgrading plant and equipment? For upskilling the workforce? They’re there. You’ll hear them in the employers’ submissions to parliamentary select committees and special taskforces. They’re in nearly all of Business NZ’s glossy reports. But, where you won’t hear them is at cocktail parties attended by Ms Wilkinson.

There, the talk is all about how dishonest and litigious their employees have become. How unfair it is that the law allows workers to punish poor employment practice with significant financial penalties. There, the Minister will be informed (anecdotally) how crucial it is (for New Zealand’s economic recovery) that those legal powers be taken from them.

That’s the employers’ preferred solution to this country’s sluggish productivity growth.

The employers’ attack on PG mediation also suggests something else – something much more disturbing than an inability to learn from their previous mistakes. It suggests that within the business community there exists a group of people perfectly willing, in the name of private and personal gain, to deprive their fellow citizens of their rights.

Viewed from a psychological perspective, this willingness to strip human-beings of their legal protections indicates, at best, an authoritarian and exploitative character-structure. At worst, it betokens an individual utterly incapable of experiencing empathy. Such people are called sociopaths: individuals who relate to other human-beings in exclusively instrumental terms – treating them as mere means to an end. In the eyes of these sociopathic employers, a worker is just something to be used up and then thrown away.

Does the National Party really want to become the political enabler for this ugly species of social pyschopathology? Is this the legacy John Key is content to leave behind him? And does the Minister of Labour actually believe this is the best way to boost New Zealand’s productivity?

If that is her conviction, then she’s badly advised. New Zealand’s labour productivity growth is broadly comparable with the growth levels of other mature economies in the OECD. Placed alongside the productivity statistics of countries like Sweden and France our own results simply reinforce the inherent difficulties in dramatically lifting productivity levels in already highly productive economies.

Short-term gains can certainly be made by making workers toil harder and longer for less, but an economic regime based on exerting continuous downward pressure on wages and conditions is unlikely to contribute positively to the present government’s stated objective of bringing New Zealand’s pay-rates into parity with Australia’s by 2025.

Besides, New Zealand already has one of the hardest-working workforces in the OECD. We are also blessed with a regulatory regime that, by international standards, is extraordinarily business-friendly.

What we are not blessed with, however, is a well-educated, dynamic and self-confident business class. If we had one, our Minister of Labour would not find herself constantly assailed by professionally inadequate employers hell-bent on freeing themselves from the costs of their own mismanagement.

This essay was originally published in The Independent of Thursday, 11 March 2010.

Friday, 12 December 2008

Unleash Hell!

The Fury of the Goths by Paul Ivanowitz

I’VE always considered the first ten minutes of the movie Gladiator to be some of the finest work Ridley Scott has ever produced.

The brutal engagement between the formidably armed Roman legions and the wildly undisciplined but unquestionably brave Gothic tribesmen is a fantastic piece of cinematography.

Russell Crowe’s "Maximus", the Roman commander, issues the grim order: "On my signal, unleash Hell." His well-trained centurions do not disappoint.

"On my signal, unleash Hell."

Scott’s design of the battle, I’ve always thought, owes a tremendous amount to a 19th Century painting entitled The Fury of the Goths, executed by the now long-forgotten Austrian artist, Paul Ivanowitz.

I’ve been an admirer of Ivanowitz’s masterpiece ever since, as a little boy, I encountered a reproduction of the painting in an illustrated encyclopaedia. As soon as I laid eyes on the opening sequence of Gladiator, I just knew I’d seen Scott’s battle scene somewhere before.

Of course a pan-German nationalist like Ivanowitz was not about to celebrate some unrecorded victory by Marcus Aurelius’ legions over a rogue Gothic tribe. No, The Fury of the Goths celebrates the much earlier defeat of the Roman General, Varus, by the proto-nationalist German war-leader, Arminius, in the Teutoburg Forest.

Ambushed as his line was strung out along the narrow forest trail, Varus and his approximately 20,000-strong army was utterly annihilated. A small expeditionary force, sent in by Caesar Augustus a few years later to learn the fate of "Varus’ lost legions" discovered a battlefield literally covered with the whitening bones of their butchered comrades. The terrified legionaries buried them where they had fallen, and fled.

At Teutoburg it was the "Goths" who unleashed Hell.

All of which will, I hope, serve to preface the following critique of the NZ Council of Trade Unions’ (CTU) lamentable failure to anticipate and respond forcefully to the new National Government’s first assault upon the rights of New Zealand workers – the so-called "Fire At Will" Bill.

It is several months now since I had dinner with the President of the CTU, Helen Kelly, but I clearly remember practically begging her to have the trade union movement in readiness for the National Party’s inevitable sneak-attack, and to – please, please, please – learn from and avoid the critical strategic error committed by Ken Douglas and Angela Foulkes in the first few months of the fourth National Government.

It was the CTU leadership’s failure to answer the Bolger Government’s introduction of the Employment Contracts Bill with massive industrial resistance by the organised working-class, that saw the level of union density in the private sector workforce fall from close to 60 percent, to around 10 percent. Their point-blank refusal to sanction and lead a General Strike destroyed, practically overnight, New Zealand workers’ faith in the trade union movement. It was a defeat from which the Left, in general, and the working-class, in particular, never really recovered.

Nine years later, and just as the New Zealand working class was lifting itself up off its knees, the CTU has, once again, failed to meet the Tory challenge. In spite of the fact that they knew the 90-Day Bill was a key element in the National Party’s manifesto, and in spite of the fact that the introduction of the Bill, under urgency, was an obvious tactic for Key’s Government to adopt, the trade unions were caught napping.

A CTU that had learned the lessons of history would have planned for just such a contingency. It would have prepared a campaign as comprehensive as Maximus’s punitive expedition against the unfortunate Goths. Most importantly, they would have let Key know that, should he attempt to begin again where Bill Birch left off, they were ready to give the signal to: "Unleash Hell".

But what did the trade union leaders actually do in the 30-day period between National’s victory and the introduction of the 90-Day Bill? They spent their time billing and cooing with the newly elected government, and debating whether or not the Maori Party should be considered a progressive force.

Instead of being ready to pour their affiliated members into the streets, and to rally the tens of thousands of potential members targeted by the legislation to the CTU’s banner, the best they were able to organise was a pathetic (and constitutionally suspect) petition to the Governor-General – urging him not to sign the Bill into law.

With courage and imagination, this past week could have been National’s Teutoburg Forest. Instead, it has turned out to be yet another victory for right-wing ruthlessness.

In 1991, more than 100,000 unionists marched and rallied against the ECB. That this vast mobilisation of working-class anger was never translated into a General Strike was a true tragedy.

In 2008, it was a few hundred e-mails to the Governor-General.

As Marx said: "the second time as farce".