About 100 non-union nurses at Nelson Hospital have to make fortnightly payments of $12 or waive their rights to a 20 per cent pay rise negotiated by the Nurses Organisation.
The move follows a nationwide postal ballot of nurses conducted by the union and district health boards to decide whether non-union members should pay for the successful negotiations.
The union's Nelson representative Jackie McGrath said nurses voted "overwhelmingly" in favour of the fee, although she did not know how many non-union members supported it.
The result means non-member registered nurses around the country will have a $12 bargaining fee deducted from their pay each fortnight until the end of 2006 or remain on the old employment agreement.
Lois Strickett, a non-union member working at Nelson Hospital said she strongly disagreed with the principle of an ongoing bargaining fee being charged to non-members.
"I thought unions were voluntary and what they're trying to do is make it involuntary."
Mrs Strickett said she would be opting out of the agreement and was confident the same agreement would be offered to her, and other non-member staff, within a few weeks.
Ms McGrath said the ballot result reflected the desire of nurses to ensure everyone contributed to the same working conditions.
The $12 fee entitles nurses to the conditions negotiated in the collective contract, but not access to the other union services including indemnity insurance, legal representation and the monthly nursing journal.
Membership to the union costs registered nurses $14.69 a fortnight. The organisation had received a number of inquiries from nurses wanting to join since the decision, Ms McGrath said.
About 800 nurses employed by Nelson Marlborough District Health Board were already union members and about another 100 were non-union members, she said.
Employment law specialist Peter Cullen said unions had the right to charge non-union members a bargaining fee under a new clause in the Employment Relations Act.
The clause, introduced last year, was designed to give unions "the power to get some money off the people they might see as freeloaders".
Mr Cullen said he was not aware of other unions charging a bargaining fee, but imagined some were doing it.
Non-union nurses have until Friday to opt out of the new employment agreement and negotiate new employment agreements with the DHB, which employs them.
Nelson Marlborough DHB human resources general manager Denise Hutchins said no figures were available on how many nurses had opted out of the agreement, but she was aware some nurses had.
Ms Hutchins said the DHB would deduct the fee because it was part of the agreement with the union.
Individual employment contract negotiations with non-union members would begin shortly, she said.
Union spokeswoman Laila Harre said it was "unthinkable" an individual could negotiate an agreement to the level the union had, and therefore non-members should not obtain the benefit.
Of the 20,000 DHB nurses covered by the agreement 85 to 95 per cent were union members, meaning about 1000 nurses would be required to pay the fee or opt out of the agreement, she said.
- NZPA
Non-union nurses told to pay up or opt out
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