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Employment Relations Act 2000

Strikes and lockouts - Procedure to provide public with notice before strike or lockout in certain passenger transport services

93: Procedure to provide public with notice before strike in certain passenger transport services

You could also call this:

“Rules for telling people about a bus or train workers' strike before it happens”

You can’t go on strike in a passenger road or rail service unless it’s allowed by law and your union tells your employer about it in writing. The notice from your union must say when the strike will start and end, how long it will last (at least 24 hours), what kind of strike it is, and which services it will affect. The notice needs to be signed by someone from your union. It doesn’t have to list all the workers’ names if it says it’s for all union members involved in the bargaining for that service.

When your employer gets this notice, they must try their best to let the public know about the strike as soon as they can. This is to make sure people who use the service are aware of what’s happening.

For this law, a passenger road service means carrying people on the road in a large vehicle, whether they pay or not. This doesn’t include some services that are exempt under other laws.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM59989.

Topics:
Work and jobs > Worker rights
Transport and travel > Public transport
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“ Rules for telling people about a lockout in bus and train services ”

Part 8 Strikes and lockouts
Procedure to provide public with notice before strike or lockout in certain passenger transport services

93Procedure to provide public with notice before strike in certain passenger transport services

  1. No employee employed in a passenger road service or a passenger rail service may strike—

  2. unless participation in the strike is lawful under section 83 or section 84; and
    1. without the employee's union giving his or her employer notice in writing of the employee's intention to strike.

      1. The notice required by subsection (1) must specify—

      2. the period of notice, being a period of not less than 24 hours; and
        1. the nature of the proposed strike, including whether or not the proposed action will be continuous; and
          1. the particular passenger road service or passenger rail service that will be affected by the strike; and
            1. the date and time on which the strike will begin; and
              1. the date and time on which, or an event on the occurrence of which, the strike will end.

                1. The notice—

                2. must be signed by a representative of the employee's union; and
                  1. need not specify the names of the employees on whose behalf it is given if it is expressed to be given on behalf of all employees who—
                    1. are members of a union that is a party to the bargaining; and
                      1. are covered by the bargaining; and
                        1. are employed in the relevant part of the passenger road service or passenger rail service.

                        2. An employer who is given notice of a strike under subsection (1) must take all practicable steps to ensure that the public who are likely to be affected are notified of the strike as soon as possible after the employer receives the notice.

                        3. For the purposes of this section and section 94, passenger road service means the carriage of passengers on any road, whether or not for hire or reward, by means of a large passenger service vehicle within the meaning of that term in section 2(1) of the Land Transport Act 1998 (not including any service specified as an exempt service in the regulations or the rules made under that Act).

                        Notes
                        • Section 93(2)(d): replaced, on , by section 58 of the Employment Relations Amendment Act 2014 (2014 No 61).
                        • Section 93(2)(e): inserted, on , by section 58 of the Employment Relations Amendment Act 2014 (2014 No 61).
                        • Section 93(5): substituted, on , by section 95(6) of the Land Transport Amendment Act 2005 (2005 No 77).