Write-ups on Trade Unions (Part 4)

This next topic is rather interesting as most employers' tend to have negative aspects towards the union and its members. Many a times employees' who are union members or officials are facing hard time with their superiors while at work. Superiors here doesn't necessarily mean the top management people or executives only, BUT worst is when the superiors are of supervisory levels, who are also non-executives or in another word, also a union member. That is why we tend to nickname such superiors as "executives of the non-executives".

Employers' Attitudes to Unions

How do employers perceive trade unions? Do they accept the idea of their workers joining unions? Employers' responses can be broadly classified as follows:

• Conflict or open hostility - In Malaysia, there are some employers who would use their powers to prevent their workers joining unions. They consider unions to be a "third Party' intervention in the worker-employer relationship.
• Controlled hostility - The employer recognises that employees have the right to form and join unions. However, discreet attempts are made to discourage workers from joining and being active in a union. Such action, if proven, would amount to interfering and is an offence under the Industrial Relations Act.
• Accomodation - This attitude is one of realism. The employer is prepared to compromise with the union, tolerate it and be as reasonable as possible. This is a fairly typical attitude of most large companies today.
• Cooperation - The management is encouraged to work with the union to promote the welfare of the organisation. Joint effort is seen as essential for the survival of the enterprise.
  

Being an ex-union official myself, I really wonder why most employers have to be so anti-union??? Why don't they change their mind-set or paradigm shift........ Accepting unions into a workplace can have more good effects than bad!! Union is always ready to work as partners with the management or employers for the good of the company. Employers should be able to think positively that unions, being co-partners of the company will assist them in the management of its employees, who are also union members. Responsible unions are always there to ensure its members strive hard for the benefits of the company and all its workers.

"Employees are the biggest asset of a company"

Write-ups on Trade Unions (Part 3)

Who can join a Trade Union?

Any worker over 16 years of age is eligible to apply to join the union which is relevant to his trade, occupation or industry. "Worker" here means a person who is employed by an employer under a contract of employment. However, union members under 18 years of age are restricted in their union activities. They are not entitled to vote on matters involving strikes, imposition of a levy, dissolution of the union or amendment of the rules of the trade union.

A worker granted study leave by his employer and who enrols at a local college or university would still be eligible for union membership as would a worker who is studying part time.

Public sector workers are required to join unions formed by workers in the same occupation, department or ministry. A similar restriction exists for employees of statutory bodies and local authorities. Such employees can join unions but the membership must be confined to workers in the same body or authority. Certain groups of government servants are not allowed to join unions at all. These are employees in the Police, Prison Service and Armed Forces and those in confidential or security work.

Certain categories of employees are not permitted to join unions, such as managers, executives and staff in confidential or security positions. However, the problem may arise as to who belongs to these groups. Should a dispute over such matters occur, the Minister of Labour has the power to make a final decision.

Write-ups on Trade Unions (Part 2)

The next topic on "The right to form and join a Union" will be able to give employees a clearer picture of their stand on joining a Trade Union, hence they won't be deprived of their rights.

Workers in Malaysia have the right to form and join trade unions and this right is protected in the Industrial Relations Act (Section 5). The Act states that:-

1. No employer shall prevent a worker from joining a union by putting a condition in his contract of employment,
2. No employer shall refuse to employ a worker on the grounds he is a trade union member or officer,
3. No employer shall discriminate against a worker (for example in terms of promotion) on the grounds he is a trade union member or officer, and
4. No worker shall be threatened with dismissal or dismissed if he proposes to join a trade union or if he participates in union activities.

Although workers have the legal right to join unions there are also a number of qualifications which an employee have to adhere to. (Refer to part 3)

Workers also have the right not to join a trade union. Workers shall not be forced to join a union (Section 7, I.R.Act).

Write-ups on Trade Unions (Part 1)

Malaysian trade unions of both employers and employees and their affairs are governed by federal law, viz. the Trade Union Act 1959 (which is referred to as TUA) and, to some extent, the Industrial Relations Act 1967 (which is referred to as IRA).

The right to form unions and to engage in their lawful activities are embodied in the Industrial Relations Act 1967 rather than the TUA. In particular, section 4(1) of the IRA declares:

"No person shall interfere with, restrain or coerce a workman or an employer in the exercise of his rights to form and assist in the formation of and join a trade union and to participate in its lawful activities"

That right is enjoyed by both employers and employees.

Why do Workers Join Trade Unions?

There are 3 main reasons which explain why workers form and join trade unions:-

1. to improve their economic situation;
2. to ensure their rights are protected; and
3. for social reasons

The Economic Motive
Workers join unions to improve their terms and conditions of service, i.e., their pay and other benefits. Alone, the individual worker has limited bargaining power compared with that of the employer. He is easily replaceable. If he is not satisfied with what is offered by his employer, he is powerless in the bargaining process. It is only when workers join together and form trade unions that they acquire strength. Workers who associate themselves with the lawful activities of a trade union are given protection under the law. This gives them the power to effectively bargain with the employer for better terms and conditions.

Protection of Rights
By joining trade unions, workers also expect unions to protect them against discrimination by their employer. In some organisations, management may try to discriminate against a group of workers or an individual. Workers also needs protection from their unions from exploitation and unfair treatment at work. The union therefore acts as a 'watch-dog' over its members, and will take steps to rectify instances of unfair treatment. One of the most important rights which unions try to protect is job security for the workers. Without his job the worker cannot survive, so unions will try to protect from retrenchment and unfair dismissal.

Social Reasons
Workers may be influenced to join a trade union to show solidarity with their fellow workers and to be protected. In cases where many other workers in an organisation already belong to a union, it is quite likely that the new recruit will also join to show his support for his colleagues' activities. Some may join a trade union because they have the attributes of a leader and they see opportunities to exercise leadership qualities in the union hierarchy.

'Managers are people who do things right, while leaders are people who do the right thing'
~~~ Warren Bennis, Ph.D ~~~

Congratulations for another successful picket!

18th March 2008 add another important history into UTES Chronology. Despite the rain since morning, it didn't bother the members much though. I believe that with the member's strong determination and prayers there is a sudden change of weather just before the picket start - indeed what a blessing!

The turnout was fantastic and with their RED outfits I believe that it will show to the management that the workers are really serious and they mean business!!

I am so proud to learn that Sibu Branch members are also staging their picket - Hip! Hip! Hurray Sibu!!

This is the time where the workers need support. Also present are members from Sister's Union and also the general public - See how they show their support by their waving of hands from inside their vehicles, sounding of their vehicle's horn and even up to the extent of putting their thumbs up!!

Once again I would like to say 'Tahniah dan syabas" to all, especially all members of UTES. Continue to support the Union for the betterment of all workers in TM. Remember that without the members there will be no Union and with all your strong support, UTES will forever be STRONG! So..... Solidarity Forever!!

"The frustrations of the workers can be seen from these photos"

Nationwide Picketing for TM Employees!!

It has only been after one year five months since TM employees last picket. Now??? It's back again??? So soon!!

Payphones subsidiary has just recently been sold off..... now what again??? Which Unit is next on the list????

Ex-colleagues & friends (local and abroad)..... it looks like there are many more new grievances at hand. I've just been informed of the picket this morning and a copy of the Notice Of Picket has been E-mailed to me. After taking a glance through the notice.... I think tomorrow's picket deserve to be on!

Just imagine how tortured the employees are..... having sleepless nights, worrying about their job security. I really felt how you all feel right now, as I was once in your situation before.

My dear friends, you should all join force with the Unions to help put an end to such heartless acts of the management. They never care about their employees instead, their only thoughts are 'how to get rid of them'!!

My simpathy is with you all and I will be there tomorrow to support. Despite that I am now an ex-employee of TM but my heart is still with you all, that is the workers at large.

"SOLIDARITY FOREVER"

Video Clip - UTES Picketing

Friends and strangers, all the same..... I have here a Video Clip on UTES Picketing to share with all. This is the 1st picket which the workers of our company experience ourselves. I have attended several pickettings of our sister's union earlier but for our own company, it is the 1st experience.... Besides feeling frustrated, angry and dissatisfied with the actions of the management BUT we really enjoy ourselves - being able to voice out all the grievances! Hope you all enjoy watching it. Will write further on this topic in times to come. God Bless You All.....