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Resolving issues before they become problems Break Entitlements Fair Pay Agreements SkyCity Hamilton strikes Disciplinary meetings & your rights Fast Food Workers Lead with COVID safety Solutions Living Wage increased Unite Member gets backpay for coworkers Advice for Managers when understaffed o n a ld ’s N ewsletter McD 2 Winter 202 WHY JOINING THE UNION MAKES A DIFFERENCE Just a reminder of what the union members have achieved over the last fifteen years through collective bargaining: 3 Securing Guaranteed Hours with minimum. Only a few years the ability to increase your hour ” contracts. ag o all McDonalds workers wer weekly e on “zero 3 Getting all McDonalds workers pa and a way for new crew to id more than the minimum get a furter 55 cent per ho wage ur increase. 3 Leading campaigns to increase th $21.20 per hour for ever yo e minimum w ne in New Zealand. age from $9 to 3 Extending eligibility period for fr ee meals. 3 Getting rid of youth rates in 2006 introducing them in 2013. and stopping the company re - 3 Increasing paid breaks from 10 to 15 minutes and in 15-30-15 order. 3 Getting a clear system for breaks company can’t take them aw in to the agreement so that law to reduce the requirem ay w he n the government changedthe ent to provide breaks. to 3 Getting a special bonus payment only. of up to $100 for union mem bers 3 Stopping the company from being within 90 days of star ting able to fire you for no reas your job. on 3 Higher Duties Allowance, Transpor Violence Leave. t Allowance and Domestic 3 Increasing the rates for Shift Supe winning a Higher Duties Al rvisors by $1.50 per hour an lowance. d LIVING MINIMUM WAGE McDonald’s Workers Feedback on GETTING PAID WHILE SELF-ISOLATING We want to inform you of best practice and legal rights 9) You can return to work if you have a day 7 clear result and no around Covid-19 infection spread. symptoms, even if others in your household have caught Covid later than the initial case. If you have tested positive for Covid or have symptoms If someone at your work has tested positive 1) Firstly - get tested. If you do not get tested you will not be 10) Only Covid positive individuals and their “household able to access paid leave for your time off work. contacts” are required to self-isolate. However you may still be a “close contact” and, if your employer is aware that another 2) If you have tested positive you have to stay home for seven employee has caught Covid and may have been infectious days from when your symptoms started or from the date while at work with you, they should let you know as soon as of your positive test (that will be day zero for the seven day possible. For privacy reasons they may not be able to tell you count). You do not need to get tested again - you can return to who has caught Covid - but just whether you are a “close” or work as long as you have no Covid symptoms ( continue to self “casual” contact. isolate if you have symptoms). 11) You are not required to self-isolate and are not eligible 3) If you had a PCR test (nose or throat swab) or RAT (Rapid for special paid leave. You should, however, keep a very Antigen Test) at a testing centre then you should receive a close eye out for symptoms and self-isolate and get tested text message about your result. Save this message! immediately if you start to show or feel any symptoms. 4) If you used a RAT at home you may have to upload the result 12) If you are think someone was working with you while they yourself at mycovidrecord.health.nz (the same website your were infectious with Covid, remind your manager that they vaccination record is recorded on). The text message or must let close contacts know. If they refuse to follow this screenshot from mycovidrecord.health.nz is all you require to process let us know. provide proof to your employer - so be sure to save them on your phone or computer. Other important information 5) Your employer can access the Covid Leave Support Scheme 13) It is illegal for your employer to force you to work when for your absence and you should not be required to use sick you are sick, Covid positive or when you have been told to leave or annual leave. A weeks payment is available for 4 to self isolate as a “Household Contact”. Save any messages, 10 days of required isolation and a second weeks payment emails or texts that show this happening and contact Unite is available for 11 days or more. Please contact us if you are immediately. If they talk to you about it in person or by phone, asked to use your own leave or if they refuse to credit back use the magic words “Can you put that in writing please”. leave used after they receive a payment for your absence. 14) If your employer claims your symptoms are not genuine then If someone in your household has tested it is the same as any other illness. They can ask for a medical certificate (it will probably be by phone with a doctor or nurse) positive for Covid and they must pay all reasonable costs for getting the 6) If you live in the same household as an infected person you certificate if your absence is less than three days (remind are a “household contact” and must stay in isolation for seven them of this and ask for their request for a medical in writing days from when the infected person first had symptoms or - they may change their mind!). Even if it turns out you don’t had their positive test. have Covid, self-isolating when you have some symptoms is 7) You will need to tell your employer you are in isolation and will the right thing to do. need to provide proof of your status as a household contact. 14) If you need help while you or your family are self-isolating Make sure the infected person lists you as a contact when ask for help. Contact us at Unite if you are not getting the they upload their result. Your employer can access a help you need. payment for your absence (see 5. above) and you should not 15) If anyone you know has Covid at home and is getting very be required to use sick leave or annual leave. Please contact sick, especially if they are having difficulty breathing, call 111 us if you are asked to do so. and ask for an ambulance - do not wait. 8) As a “household contact” you will have the right to get a free test. This can be either a PCR or RAT test depending on where you live. contact us: website: unite.org.nz email: support@unite.org.nz phone: 0800 2 UNITE (0800 286 483) postal: PO Box 96233, Balmoral, Auckland 1342 Company COVID response Sent to McDonald’s Human Resources on April 1st 2022 We are very happy to see that the company will be maintaining measures that Unite delegates first suggested in early 2020 during the first lockdown. The shelves outside drivethrough pick up windows. The use of car windows as barriers. Tap n Go EFTPOS machines installed by payment windows on drivethrough. We would like to see these Tap n Go devices installed on all drivethroughs. Are there plans to do this currently? We strongly believe that McDonalds and Franchisees should include Mandates in risk assessments. We are disappointed to hear that this is currently not the case and will be carrying out further consultation with the membership on this issue. We agree that the continuation of glove use is a sensible measure. We would like to see gloves being accessible at every station as they are not currently always readily available, in all sizes. We would like to see Unite Union included in the contact list as the union plays a significant part in the development and implementation of these processes and our collective response to the pandemic. We surveyed our membership over the weekend Given the lower support for customer mandates and now have further feedback on masks and our expectation is for PPE to be strongly maintained mandates. in customer facing roles, including spit-guards etc while vaccination pass checking of customers On masks, we are in agreement that mask use drops off. continues to be mandatory until restaurants are in Green. Of course, with caution being advised around the likelihood of another wave of sickness spreading On mandates: given that nearly 2/3rds of workers through the workplace & communities we expect support employee mandates, it is our expectation that these positions could well change with the that McDonald’s maintains their mandates until times. restaurants are in the Green. McDonald’s Worker’s Council mcdonaldsworkerscouncil@unite.org.nz SkyCity Gets Unionised After Strikes in The Tron SEA Unite successfully won up their weekends. activist groups who contributed its first collective contract When departments to the workers strike fund, at Hamilton SkyCity after an flex their muscle like this, it including the generous $500 energetic industrial campaign shows to management that it is dontation from the Hamilton led by its Hospo workers, writes workers who are essential and Socialist Society. SEA Convenor Joe Carolan. that no profits are generated without those who do the mahi “I’m so proud of our team Whilst our goals of pay parity on site. standing in solidarity and and a living wage remain to be fighting for our rights! It achieved in our next round of The lesson for other departments was an exhilarating and campaigning in June, the deal whose pay has fallen in recent empowering feeling. Hopefully offered by management to us years is to join the union and we encouraged others to do the after five strikes was ratified spread the action next time. same. We are trying our best to by a 100% vote from workers, There was massive support from make a positive change in the achieving recognition of SEA other workers in Hamilton for world and I love that!”- Olivia Unite as the majority union on the SkyCity workers picket, and site, winning an on average 6% many other hospo workers in “It’s been super cool being able increase, with union members the city are talking about how to stand up and fight for fair pay- enjoying this increase a full six they can replicate this victory up We have an amazing team on weeks before it is passed on to and down Victoria Street in the our side who will continue to do workers yet to join us on site. campaign for a Hospo Fair Pay what’s right for hospo workers”- Agreement later this year. Lacey Workers found their voice and enjoyed taking action on the A special thanks to Auckland busy Saturday night shifts, with workers and activists who came walkouts so effective that HR was down on the socialist solidarity forced to staff the bar and give bus every weekend, and to the Face to Face: Resolving issues before they become problems As union delegates, we often 2 | Back Yourself. act as the points of first contact Get in touch with your organiser have agreements or proposed when issues arise in our and let them know what’s going resolutions in writing. workplace. In the following on – even if its minor, keeping article I will explore how we them in the loop will help prevent 5 | Have Confidence can tackle these issues while escalation in the future and then Speak with authority and they’re manageable, before can help you with your next confidence in your position. they become larger problems, steps. Additionally, discuss the Remember that as a delegate and how we can do so with issue with your co-workers and you speak for the interests of confidence. Let’s lay out a retain any important information your co-workers, so use phrases hypothetical situation many in writing. In our example, having like “members of the staff have of us are familiar with, and a photo of a high temperature in raised this as an issue”, rather then step through a process the kitchen or the testimony of than “I feel like…” or “Jim in the of resolution to demonstrate co-workers who have felt dizzy kitchen told me…”. If bringing how we can prevent an issue will only help your cause by an issue forward by yourself is from becoming a significant establishing the real impact of challenging, enlist other union problem. the issue. delegates or union members to back you up, but avoid appearing 3 | Take it to the Right Person, too confrontational. Hypothetical Situation at the Right Time It’s summer and your restaurant Consider who can resolve the 6 | Be constructive is boiling hot, making it an issue, and what the best way to It’s not your job to fix the issue uncomfortable and potentially approach them is. In our example, but bringing forward solutions dangerous situation for the complaining to a shift-manager or suggestions can help bring staff during the day. It is clear in the middle of a dinner rush is about quicker resolutions. from observation that the air unlikely to get the AC fixed, but Remember that as delegates we conditioning is not working asking your restaurant manager want to promote the interests of effectively, your co-workers are for a five-minute meeting off the our co-workers, and sometimes a complaining, and the hottest floor is much more likely to see a diplomatic approach is the best part of the year is only just resolution. way of achieving that. beginning. How can we resolve this issue before it becomes a 4 | Work Face-to-Face 7 | Finally, Follow-Up health & safety problem? In bringing an issue forward, Make sure you always follow- consider how you communicate. up with any interested parties, 1 | Think Preemptively. Emails and texts are handy as including your co-workers and If you can see an issue arising in they set a record, but they’re also organiser. If a timeframe or the future, deal with it as quickly easy to ignore. When you bring resolutions are set to solve the as possible. It is easier to get an an issue forward face-to-face it’s issue, monitor their progress. AC unit repaired after the first hard to brush aside or downplay And if the process fails, report hot streak in October than it is in but send a follow-up text or back to your organiser about the the middle of January, so address email so you can make sure you next steps forward. your issues early and you’ll have the best chance of having them resolved quickly. Henry J. Stephenson McDonald’s Johnsonville What is a disciplinary investigation? Disciplinary investigations happen when a Your Rights conduct or performance issue is of concern to a manager or when a manager receives a complaint. • You have a right to know of any complaint Anyone could find themselves in a situation where against you before you attend any meeting. a manager wants to talk to them about an issue or a complaint against them. • You have a right to know the substance of the complaint and who the complainant is. When that person is a union member, they can • You have the right to know of any ‘evidence’ or expect that the union will provide them with witnesses against you. support and representation. • You have the right to question, challenge or to Not all issues should be dealt with through a seek elaboration about the complaint and/or disciplinary investigation. Managers should discuss evidence. any relevant issues with workers and seek to • You have the right to be accompanied and/or to provide support and development opportunities representation. to address any areas of concern. You may seek to have a problem-solving meeting instead of a • You have the right to remain silent – avoid disciplinary investigation, if you think the issue explaining any actions until you have someone warrants a less formal process. representing you. Gary Cranston Lead organiser for McDonald’s FAIR PAY AGREEMENTS Later this year the government will be introducing Fair Pay Agreements (FPA’s) into law. This will be a generational shift for workers and unions. Don’t let the name fool you, FPA’s will be about more than just pay including terms and conditions like hours of work, training, overtime and health & safety. What is so different about FPA’s is they will allow a union to negotiate an agreement for a whole sector, instead of just one (or a few) companies. This means that Unite could negotiate for Hospitality as a whole. Thousands and thousands of workers coming together to improve pay and conditions across a whole industry - and this is our plan for this year. Just as workers are stronger at their worksite when they are in a union, workers will be stronger still when they are united across hospitality. FPA’s still allow workers to negotiate as individuals and in a union with a company. They will raise the floor of pay and conditions, lifting all workers together and the government has been clear about that - FPA’s will improve worker’s lives. Read more at John Crocker National Secretary www.makeworkfair.nz Unite Union Advice for Managers when your shift is understaffed The shift manager should seek approval from their supervisor (McOpco) or Franchisee (franchise restaurant) for approval to close the restaurant or part of the restaurant before doing so. This process is in place to ensure that if assistance is needed on a particular shift then the supervisor or franchisee is able to do so, for example by providing additional resources if that is possible. If it is a matter of health and safety or wellbeing the shift manager is able to make the appropriate call based on the information at the time then inform either the supervisor or franchisee at the first available chance following. UNITE UNION | 0800286483 | 6a Western Springs Rd. Morningside www.unite.org.nz | support@unite.org.nz | www.unite.org.nz/join Living Wage Increased to $23.65 The New Zealand Living Wage and childcare, and is calculated hourly rate for 2022/23 is $23.65. It independently each year by the New was announced on April 1 and will Zealand Family Centre Social Policy come into effect on 1 September Unit. 2022. We call upon the Government, The Living Wage concept is very employers and society as a whole simple, yet such a powerful to strive for a living wage for all alternative – it’s the hourly wage households as a necessary and a worker needs to pay for the important step in the reduction of necessities of life and participate as poverty in New Zealand. an active citizen in the community. It reflects the basic expenses of This story was originally published by workers and their families such Living Wage Movement Aotearoa at as food, transportation, housing www.livingwage.org.nz Unite Member gets backpay for coworkers The restaurant recently started a $1 found this was not correct. extra per hour incentive payment to workers who work the hours of I contacted other staff and found out 10:30pm and 4:30am as it is hard to fill they had not been paid either and these shifts. On payday I noticed these had been told the same thing. After hours were not listed or identified on exchanging a number of emails, the the payslip so I couldn’t tell if these had operations manager agreed that it had been paid. not been paid and all staff would be back paid in the next pay round. After checking the payslip I emailed the store’s operations manager. - Written by a Crew Member The operations manager told me it was included in the gross timecard payment, I double checked this and Fast Food Workers Lead with COVID safety Solutions In April 2020 Unite Union’s fast food delegates got together on Zoom to create a worker’s response to COVID health and safey concerns, knowing that they would be back to work under unique circumstances as the government allowed fast food companies to remain operating. The result was a list of workers demands and solutions, which was sent to the fast food companies. Initially most of these demands were rejcted or just ignored and not implemented. But as time moved on it seemed to become clear to the companies that the worker’s demands were in fact sensible solutions. The top three demands on the list were eventually adopted by McDonald’s and other fast food companies. Shelves appeared outside drivethrough present booths. Customers and drivethrough operators were expected to use windows as protecive barriers. And EFTPOS terminals were installed outside drivethrough payment booths. Some of these solutions proved so effecive and useful that they are being kept in place regardless of the COVID situation. Just goes to show that organised workers themselves are best placed to take the lead when it comes to health and safety planning. Gary Cranston Fast Food Lead Organiser, Auckland and Northland Unite Union Fast Food Worker’s Demands for COVID-19 Safety Created by over 60 fast food union delegates across Aotearoa | 22 April 2020 Ì Drive Thru workers to maintain 2m distance from customers. Ì A table/shelf for placing orders on . Ì Drive Thru window should be used as a barrier between custom ers and workers. Ì No delivering orders to customers parked in cars. Ì No cash payments. Ì Contact tracing for all customers. Ì Employees should be allowed to w ear their own jackets. Ì Drive Thru headsets should be eff ectively sanitised between users. Ì Fixed shifts for all workers to redu ce numbers of staff working together. Ì EFTPOS machines sanitised after Thru booth to eliminate all each transaction and contact and maintain 2m di installed outside the Drive stancing. Ì Level 3 procedures clearly co mmunicated to customers order point. at drive through speaker / Ì Zero tolerance of aggressive custom ers - immediate trespassing. Ì All timers and ‘speed of service’ m are not under pressure. easures to be stopped durin g level 3 so employees Ì Reduced hours of service to enab le sufficient cleaning. Ì Employees with health vulnerab vulnerabilities, to be allow ilities, or those livin ed to stay home with full su g with people that have bsidy wage. WWW.UNITE.ORG.NZ/JOIN 0 8 0 0 2 U N I T E www.unite.org.nz | support@unite.org.nz How Fast Food C(r)apitalism works . BUILD YOUR UNION As individual workers we have limited strength, but together we are strong. By negotiating together, we are able to get better, fairer pay for our hard work. Where we have more members we have more control over our day to day working conditions. So while it is important that you become a member, we must make sure our workmates are encouraged to sign up too. nite.org.nz/recruiter Step 1 Register to be a recruiter at www.u Step 2 Encourage your workmates to join e in the online at www.unite.org.nz/join box on the online form. And tell them to put you r nam you as their recruiter. Step 3 You get for each new member who identifies Hot Tip: You can share the joining www.unite.org.nz/join link with your friends at work through text messages, social media and group chats. 0800286483|6a Western Springs Road Morningside Auckland | www.unite.org.nz | support@unite.org.nz Break Entitlements at McDonald’s As an Employee you are a delivery at McDonalds or entitled to receive breaks, for cooking food), employers a couple of reasons being to have obligations to take all promote good morale and practicable steps to ensure that productivity in your workplace fatigue is not likely to cause and to prevent fatigue which harm. could cause harm to yourself or others. Employers are not responsible for factors outside of work that Breaks need to match the type led to fatigue or impact on an of work you do, for example a employee’s ability to cope, but McDonald’s worker may need they do have to have systems to sit down and rehydrate that identify and deal with after working in the boiling these factors when they may hot kitchen for a couple of affect workplace safety. hours. Research has shown that receiving adequate breaks The employer must provide makes a noticeable difference breaks in accordance with to an employee’s physical and the breaks schedule in your mental well-being while at Collective Agreement. work. Any Questions? In situations where fatigue Contact Unite Union can lead to harm (such as 0800 286 483 moving heavy items i.e., during Alister Bray Co-president of the McDonald’s Workers Council Join Unite Be part of your union - We are all stronger together If you have an issue at work, union members The Union is much more important than Union members often receive backpay when can get support from the union. individual problems. Unite wants to improve we sign off on new collective contracts, and pay and conditions for everyone. sometimes we win financial settlements that only Unite members can call the Union for apply to union members. advice on what their rights are under By negotiating a collective agreement with the law and under their contract. Where companies, we are able to get better contracts. In some places, Unite members also have access there is a dispute, the union can provide Individually, we have limited strength, but to Union run medical clinics where members can representation for meetings with together we are strong. receive a free or discounted doctors visit. management. Where we have more members, we are able Unite members are also covered by a funeral In extreme cases, the Union can help you to win better contracts. Its important that not insurance scheme, which can be important in a with legal advice and help lodge a personal only you become a member, but make sure difficult time. Each Union contract also includes grievance with your employer. your workmates are signed up too! Union only benefits. 0800286483 Join Online www.unite.org.nz www.unite.org.nz/join Aotearoa McDonald’s Workers Council Who Are We? The Aotearoa McDonald’s Workers Council is a democratic council, made up of twelve Unite Union delegates from McDonald’s stores across the country. The council meets together every three weeks to discuss matters pertaining to McDonald’s workers, with the goal of creating a fair and safe working environment for all. In these times of pandemic and economic hardship, the council is committed to elevating the voices of workers and ensuring that they are heard by McDonald’s New Zealand. As a mouthpiece for McDonald’s workers, the council wants to hear from you. Communicate with us directly and confidentially at mcdonaldsworkerscouncil@unite.org.nz, or join the conversation at “McDonalds Unite Delegates Aotearoa” on Facebook. Contact: mcdonaldsworkerscouncil@unite.org.nz 0 8 0 0 2 8 6 4 8 3 6a Western Springs Rd. Sandringham Auckland 1021 unite.org.nz | support@unite.org.nz