Deciding whether to strike can start a lot of questions swirling through your mind, so here’s some answers to all those understandable and common queries. If you have a question that’s not addressed below, you can let us know here. If you’re a support staff member wondering about annualisation, scroll down to the bottom. If you’re a principal, you’ll be considering not only your own decision, but the implications for your staff, school and role as an employer. We have you covered – click here for FAQs about strikes for principals.
What is a strike?
When a collective agreement is being negotiated, employees covered by that agreement can take strike action to put pressure on their employer. A strike involves stopping all or part of your normal work for a defined period of time.
Why take strike action?
A strike is one of the most powerful actions that union members can take together to pressure the Government (and alert the public to the issues) during collective agreement negotiations.
When NZEI Te Riu Roa members bargain a collective agreement, they usually talk with the Ministry of Education (or the Public Service Commissioner). The money the Ministry can offer comes from the Government. This is called the "bargaining contingency". If the Government has not budgeted enough money for a fair offer, then bargaining alone may not be enough to get the improvements members want. That’s when strike action can be used to put pressure on the Government so they will add more money to the budget and better offers can be made.
Is it legal to go on strike?
Yes. Members negotiating their collective agreement are allowed to strike as long as the legal requirements are met.
Can I be fired if I go on strike?
No. Under the law, you have the right to strike. Some employers will hand out “suspension” notices to state that you will not be paid while you are not working. You may be suspended or have your pay reduced or stopped while on strike, but your employment cannot be put at risk because you have taken industrial action.
What about tamariki?
Every one of your colleagues would rather be with ākonga, but educators who consider strikes are not only thinking of themselves but of tamariki. Fair pay and conditions attract and retain great people in education. If educators are paid an amount that fairly recognises their highly skilled and complex work, everyone wins. Right now, we’re all seeing colleagues leave (some head off to Australia and others throw in the towel and move to other sectors) and it’s children’s learning that suffers.
Strike action could pressure the Government into addressing something we have been asking for and that tamariki desperately need: more specialists to support children who are sitting on long waitlists. It’s critical we get secure jobs for teacher aides so that they can support children in classrooms.
Still, strike action will cause some inconvenience to whānau and communities, as well as employers. We know that we have strong support from communities though – they want more investment in education!
A good way to talk to whānau and the community about why we’re taking strike action is to talk to them about the Kimi Haeata I Back Our Future petition and ask them to sign.
Will I be paid if a strike goes ahead?
Generally, no. Employers do not have to pay you while you are on strike. In order to be able to withhold pay, the Public Service Commissioner (who essentially takes on the role of your employer) can suspend striking members for the duration of the strike.
Can NZEI Te Riu Roa support me if a strike will cause my whānau hardship?
The union cannot legally pay you while you are on strike, but we do understand that for some members, putting food on the table and paying the bills is already taking every cent of their household’s income.
Some things to consider:
- how can you plan for your own financial situation given this advance notice of potential strike action?
- support others in your workplace. For example, this might be by starting a shared fund where staff who can afford it contribute to “pay it forward” or planning shared meals on strike day.
- if members need further help and don’t want to disclose their personal situation to their immediate colleagues, they can call membership support on 0800 693443.
Why a strike rather than other actions which don’t cost union members?
We can take a wide range of actions that fall short of stopping all work. It’s up to NZEI Te Riu Roa members to decide to whether to strike or take other action. Each group of members within a collective agreement make the decision for themselves. The key questions to consider are: Will this action have an impact on moving the Government’s position? Does the cost of taking action outweigh the cost of accepting what Government is currently offering?
What is a partial strike?
A partial strike is when you reduce the normal performance of your duties. Some examples of this are refusing to attend after-school meetings or not writing reports. Under new law passed by the Government earlier this year, the Ministry of Education can deduct part of your pay if you go on partial strike, and it has notified NZEI Te Riu Roa that if this happens, it will deduct 10%.
How is the decision to strike made?
Members vote on whether to strike via a secret ballot. The majority of votes must be in favour in order for the strike to go ahead.
Can we vote on a number of choices of action rather than only a strike?
No. By law, a strike ballot must set out the exact time and nature of a proposed strike.
If members vote to strike, does that mean everyone covered by the collective agreement goes on strike?
If members vote to strike, the relevant employers will be notified that all people covered by that collective agreement will be striking and they will also be told the time and nature of the strike.
Do all members have to go on strike?
The success of any strike depends on members coming together. The more of us, the stronger we are. A strike is the result of a democratic vote, so if the majority support the strike, it binds all members of the collective agreement. If you are a member who voted against going on strike, you will still be covered by the strike notice and the expectation is that you will strike.
All members covered by the collective agreement are deemed to be on strike. In exceptional circumstances, e.g. scheduled surgery, NZEI may grant an exemption. The Ministry will confirm with your school who is and isn't covered by the strike notice.
What about non-members?
If you are not a member of NZEI Te Riu Roa you are not on strike and must continue to work. NZEI Te Riu Roa welcomes new members, and we encourage you to talk to your colleagues about joining us. You can join NZEI TRR at this link: https://www.nzeiteriuroa.org.nz/join
What if I am part-time and the strike is outside my working days or hours?
This means you will not have to sacrifice a day of pay as you are technically not on strike. You can still join any collective action occurring on strike day, and your participation will build the power of that action.
What if I am sick, on annual leave or on a rostered day off on strike day?
If you are genuinely sick you may be asked for a medical certificate. If you cannot produce one, you may be faced with disciplinary action. If you apply for leave on the day of the strike it will likely be declined. If you have pre-planned sick leave (eg an operation) or annual leave, and this has been approved, you will not have pay deducted.
If you do not normally work the day of the strike (rostered day off), then you are not technically on strike and your pay should not be affected (see part time answer above).
My employer is putting pressure on me not to strike and is trying to discuss aspects of our collective bargaining. What should I do?
Lots of school boards, principals or managers will be very supportive of strike action and may want to talk to you to show their support or ask how they can support you.
However, your employer, or a representative of your employer, should not try to talk you out of going on strike, nor should they discuss any other element of the collective bargaining, as this may fall outside of good faith. If your employer tries to discuss this with you, you should tell them that you do not wish to discuss the matter and ask them to contact NZEI Te Riu Roa (0800 693 443). Then let your field officer know!
Can non-striking employees be asked to do the work of someone on strike?
No. If this occurs, please contact the NZEI Te Riu Roa member support centre (0800 693443).
Hasn’t the Government taken away educators’ right to strike?
The Luxon Government has proposed legislation (due to be reported back to Parliament in September) to extend the strike notification period for strikes in schools from 3 days to seven days.
The Minister for the Public Service, Judith Collins, has publicly said she wants to explore options to reduce strikes by teachers but no legislation has been proposed.
What if I am annualised? Will my pay be affected?
Annualisation means your pay is spread out evenly over the whole year, even though you are employed as “term-time only”. Instead of getting paid only during term time, you get paid every week, all year — even in the holidays. Because your pay is spread out like this, your weekly pay is less, but you get regular pay every week, including during term breaks.
If the strike falls on a day that would normally be a working day for you during term time, then your pay may be reduced by 1/365th of your annual pay for that week.
If you are part-time and annualised, and the strike falls on a day that would not normally be a working day for you during term time, then your pay should not be affected. This is because if you wouldn’t normally be working, you’re not technically on strike (but your colleagues would love you coming along to the action all the same).