Industrial action guidance for school boards
Collective bargaining is an important aspect of the employment relationship in the New Zealand education sector.
What is industrial action in the education sector?
Industrial action refers to measures school staff take, such as strikes, in response to negotiations over issues like pay and working conditions.
Why is it important for school boards to understand their role?
School boards must ensure they are able to support their principal to limit the potential disruption to normal school activities while remaining neutral.
How can boards support principals during strike action?
Understanding your responsibilities and actions will ensure the school responds appropriately, maintains positive relationships with staff, and upholds its obligations as an employer during times of collective bargaining or industrial action.
This guidance has been developed in collaboration with the Ministry of Education for school boards and principals and focuses on strike action by employees, and provides:
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An outline of the different types of strike action
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Responsibilities and actions required of school boards during strike action, and
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Who to contact if you need more information.
When strike notices are issued, your board needs to be agile enough to respond quickly, work with, and support the principal in managing the day-to-day impact of any industrial action, using this guidance document:
What types of strike action can staff take?
Strike actions taken by school staff members include not attending work for a whole or part of a day or refusing to undertake certain duties associated with their role.
There are ways to strike lawfully. How and when strike action is initiated determines whether it is lawful or not.
When is strike action lawful?
For strike action to be lawful, it:
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Must relate to bargaining for a collective agreement
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Can occur at least 40 days after bargaining has been initiated and only after a collective agreement has expired
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Requires the union to hold a secret ballot before a strike
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Requires notice of intention to strike in writing at least 7 calendar days prior to the strike and following a secret ballot.
What role does the Ministry of Education play during strike action?
Where a strike is lawful, the Secretary for Education has the authority to:
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Suspend staff (suspended employees are not entitled to be paid)
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Make a specified pay deduction from striking employees (where there is a partial strike)
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Recover overpayments.
How do pay deductions work during strike action?
Pay deductions depend on whether an employee is a member of the striking union, and the duties not performed.
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Union members participating in lawful strike action may have pay deducted.
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Partial strike deductions may be a flat 10% or proportionate to duties not performed, as per the Employment Relations Act 2000.
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Non-union staff are not on strike and are entitled to be paid even if the school is closed.
Do schools need to remain open during strike action?
Schools are required to stay open unless the health and safety of students and staff are impacted, and schools consider it is unsafe to remain open.
If a school is closed for instruction because of a lawful strike, the board will not need to make up the shortfall of half days. This applies even if the school is closed for instruction but is offering supervision.
You can refer to our article Guidance about unlawful strikes for more information.
Can principals or staff elected board members be involved in board decision-making if they are also members of the union that is on strike?
Principals and teachers who are striking union members should not be involved or vote in any board decisions about school closures or staffing during strikes as they have a conflict of interest.
A principal who is a member of the union striking can provide information to the board but must not influence the decision-making or vote in any way.
Is there a list of frequently asked questions on strikes?
Yes. Refer to page 22 of this Industrial Action Guidanceopen_in_new document.
There is also a list of FAQ for staff who do not want to participate in strike actionopen_in_new.
Where can you go for help?
We are here to support your school board during industrial action.
You can reach us using the contact details at the bottom of this page.
Schools can also contact their Te Mahau regional officeopen_in_new.
Questions your board could ask
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What support does the principal need during industrial action?
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Is the principal themself affected by the action?
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If so, does this alter what decision-making the principal can be involved in?
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What alternative arrangements might the board need to make when the principal is on strike?
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What reporting is required and by whom?
Templates, resources, and references
Click on the link(s) below to access this topic’s templates, resources, and references.
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Links from us
Employment Relations Act 2000
Employment New Zealand