ECA ballots: handle with care

January 20, 2009

Disquiet is growing about the conduct of Telstra’s non-union ballots.

The Sydney Morning Herald and The Age are reporting that concerns about the way the votes have been conducted and lack of transparency about the results have been referred to the Australian Electoral Commission. The story has been followed up elsewhere today.

In a nutshell, staff have not been provided, on request or otherwise, with details of the timing and conduct of the ballot and scrutiny; type and number of employees to be balloted; a copy of the electoral roll; or even the result (except to say whether it has been successful or not).

Nor have employees been given the right to appoint an independent scrutineer, whether from a union or elsewhere.

In a democracy, voters must have utmost faith in the conduct of elections for the process to have any legitimacy.

Telstra has sought to confer legitimacy upon some non-union ballots by contracting their management to the AEC. Other ballots have been conducted by a private operator, Link Market Services.

But if there is no transparency or opportunity for independent verification of the results, how can anyone feel truly comfortable with these ballots?

Is the AEC being used here?

As an example, Telstra could offer a non-union deal to a group of 30 employees in a discrete business unit. Only 10 of them may vote, and the vote may end up 6-4. That would mean just a 20% vote in favour of the non-union proposition.

But who would know if Telstra management is withholding such vital information.

Is that fair?

When unions conduct secret ballots for industrial action, the results must be declared, the electoral roll is available for to examine, and the employer is allowed to appoint a scrutineer. Why don’t these same standards apply to Telstra?

Along with the previously documented concerns about the pressure being applied in some workplaces, there is a stench about these non-union deals.

Yet, best estimates are that only between 200 and 500 employees – about 1.5% of the permanent workforce – are now covered by the non-union agreements.

What you should do

If a non-union deal is offered in your workplace, there are a few simple steps you should follow.

1. Contact your union or Unions Australia (1300 486 466 or www.unionsaustralia.com.au) for advice.
2. Ask how many people will be voting on the deal, and who they are.
3. Ask for details about the timing and conduct of the ballot.
4. Insist on the appointment of a scrutineer (preferably, your union delegate).
5. Ask for a copy of the electoral roll.
6. Demand that there is a comprehensive declaration of the result, including how many voted and the final tallies.
7. Download and fill out this letter to the Director of the Workplace Authority, Barbara Bennett (and forward a copy of the letter and the response to your union or to Your Rights at Telstra).

Written by TelstraUnions · Filed Under News, Union bulletins 

Comments

2 Responses to “ECA ballots: handle with care”

  1. Pete Anzo on January 22nd, 2009 12:25 am

    I am worried at the manner in which these ballots are being pushed onto staff at Telstra. I believe they are splitting the workforce into smaller and smaller units not necessarily in line with business units, so that they can have the outcome that they seek. So they may split 20 workers into two groups of ten if they feel that they can get a majority yes vote in at least one of the two groups.

    I dont understand why the government is allowing these underhand techniques to push a non-negotiated ECA that is effectively an AWA in disguise and allowed to provide to as few as 10 people at a time? Surely a collective agreement should be covering the majority of the workforce. In the past it was employers who complained that they didnt want small agreements to cover a small number of employees due to the complexity of administration, but now Telstra is doing exactly this to try and kill off the union movement.!

    The media needs to be alerted to what is going on.

  2. Poll: Are Telstra’s non-union ballots fair? : Your Rights at Telstra on January 30th, 2009 1:09 am

    [...] response to earlier concerns raised by the ACTU, the federal Electoral Commissioner, Ed Killesteyn, has confirmed that ballots conducted at Telstra [...]

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