NZNO and the Service and Food Workers' Union (SFWU) are to take a case against the British United Provident Association (BUPA) over the bargaining fee ballot of all BUPA workers throughout its 47 facilities around the country.

The ballot was conducted in the wake of joint union negotiations with BUPA, which secured a proposed settlement. The ballot had to be conducted before the settlement offer could be ratified. The ballot was lost by just 23 votes out of a total of 1300 votes cast.

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NZNO industrial adviser Rob Haultain believes there were irregularities in the voting process, initiated by the employer, including local managers urging workers to vote no, because they would get the union deal anyway.

"This attitude has been confirmed by BUPA's subsequent action Replica Baume & Mercier Watch of offering the deal to nonunion members immediately after ratification. We feel aggrieved by these actions which undermine good faith collective bargaining," Haultain said. "There is a very apt quote for the situation at BUPA and it is this: "For o worker to refuse to belong to o union is not to exercise a democratic freedom. It is to accept benefits that others have worked for without contributing to the costs." We feel very disappointed that BUPA actively encouraged non-union members to accept benefits others have worked for," Haultain said.

The two unions will go to mediation on the Versace Bags "employment relationship problem" with BUPA over the ballot process. Haultain hopes it can be resolved at mediation. If mediation does not resolve the issue, it will then go to the Employment Relations Authority.

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