1ST Article

A host of tactics is often used to deny workers their right to collective bargaining by K
George (2004).
1) PROS AND CONS OF THE ISSUE
PROS

Treat the workers fairly and justly.

Accept them as an equal partner of the industry.

CONS

Unions application for recognition which was submitted was still pending and

awaited for a final decision.

The employer refused to comply and argued with certain provisions of the existing

collective agreement such as annual increments and contractual bonuses.

Industrial Court ruled that increments of wages and fringe benefits should be based on
productivity. We have heard of flexi-wages and rewards based on productivity. This is
capitalist jargon, beyond the comprehension of ordinary workers.

2) CRITIQUE THE ISSUE

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Collective bargaining is the fundamental and primary function of workers associations

or commonly known as trade unions all over the world. Governments must ensure that
working people are treated as human beings. They have a right to life and there must be a
social justice which in effect means equitable distribution of the nations economic wealth. In
collective bargaining there must a term and conditions that go to be established. For instance,
an employee carries out the duties and responsibilities assigned to him by his employer. In
return, employees are entitled to receive wages and a number of other benefits, such as
payment of medical bills, paid holidays and companys share profit usually it is always in the
form of bonus.
Therefore in this case the main issues is that Unions application for recognition which
was submitted in 1996 was still pending and awaited for a final decision. The most important
prerequisites to collective bargaining is recognition of the union by the employer concerned.
Recognition is the starting point for collective bargaining for the Industrial Relations Act that
requires unions to attain recognition before they can proceed to invite an employer to
commence collective bargaining . When an employer recognises a trade union where it means
the employer concedes that the union is the legitimate representative of his workers and has
the right to speak on their half.
Besides that, when union has given recognition by an employers it will gain two
important advantages which are basically , firstly the union can represent individual members
who have a grievance or complaint. Secondly, the union can negotiate for better terms and
conditions on behalf of all workers in the workplace. Hence, the recognition of the right to
collective bargaining is the key to the representation of collective interests. It builds on
freedom of association and renders collective representation meaningful. Collective
bargaining can play an important role in enhancing enterprise performance, managing change
and building harmonious industrial relations. Continuously, collective bargaining, as a way
for workers and employers to reach agreement on issues affecting the world of work, is
inextricably linked to freedom of association. The right of workers and employers to establish
their independent organizations is the basic prerequisite for collective bargaining and social
dialogue. The right to strike has been recognized internationally as a fundamental right of
workers and their organizations and as an intrinsic corollary to the right to organize.
Next the issue is that the employer refused to comply with certain provisions of the
existing collective agreement such as annual increments and contractual bonuses. First, the
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employee can comply with bargaining strength, where it is known as dependent not only on
the union having sufficient members so that it can get recognition from the employer, but also
on its financial position. The more members a union has, the higher its monthly will be.
Unions which lack funds are less able to carry out the research necessary for collective
bargaining purposes. The economic situation and the level of unemployment in the industry
and the country normally would influence the position taken by a union during negotiations.
By this the unions need to protect the jobs of their members as much as trying to improve
their working condition.
Second, bargaining in Good Faith, the company must send to the bargaining
sessions management representatives who have the authority and the intention to sign an
agreement with the union. Both the union and the management must be willing to
compromise. Proposals and counter-proposals by both the union and the employer are not
acceptable to the other party in their original form. There will be several meetings over some
weeks, months before both parties can see some areas for agreement or compromise. Some
proposals have to be dropped as a trade-off for other concessions and collective bargaining
can be a tedious, tension-filled and long drawn-out process. Both parties need to
communicate and negotiate with an open mind and the intention to come to an agreement.
Third, bargaining climate is a major factor affecting the outcome of collective
bargaining which is the nature of the relationship between two parties, the union and the
company. A harmonious atmosphere is prevalent, where they will have an open mind and be
more willing to use a problem-solving approach to bargaining. But, there is some possibility
for some personal animosity between those at the negotiating table, that the bargaining
climate can be tense and unfriendly.
Thus, the procedures that got to be followed it should be based on where unions got
present with the written demands. At the first bargaining session, the unions got to explain its
demands and management present for the counter offer. Secondly, the bargaining session
continue. There is non- controversial items where the agreement is must reach must be clear
first. Thirdly, it got look into the bargaining over controversial items basically in terms of
economics. Fourthly, the agreement which is reached, must put in by writing and signature.
Fifthly, there be a breakdown in negotiations that will take place, where the parties will refuse
to continue with the negotiations. Sixthly, the conciliation meeting will be held to resolve the

dispute. Lastly, if there is no resolution, the dispute will be referred to Industrial Court for
Arbitration.
Therefore, the next issue is basically it got to look into the by increasing the
productivity is by treating the workers fairly and justly. Employer need to be sure that
management at all levels of an organization are being treated equally as partner of the
industry by respecting one another. When employees feel genuinely respected, theyre much
more likely to help a company to succeed. Respect can be a powerful motivator and simple,
but for unpleasant twin or lack of respect, it has the opposite effect.
Lastly, for the overall remedy based on this case on this issue the remedy that can be a
solution towards it is Malaysia labour laws must be subjected to drastic amendments.
Unwarranted conditions and restrictions imposed on the formation of trade unions should be
removed. Disputes over recognition must be resolved by balloting of the workers concerned.
There must be a time frame for settling disputes. Industrial Court awards should be made
available within six months. There is no need for the involvement of the minister in order to
refer a dispute to the court. If at all necessary, the minister may enter the scene only to use his
good offices to mediate and bring about a mutual settlement. The workers must have the right
to go on strike. This is their inalienable right in a democracy. Let not anybody forget that
during the period while on strike, the workers forgo their wages and undergo hardship and
suffering. That in itself is a great sacrifice.

REFERENCES

http://aliran.com/archives/monthly/2004b/7h.html
http://mylabourlaw.blogspot.my/