MTUC: Minister should quash new Maybank union registration

ISSUES The main issue in this article is Malaysian Trades Union of Congress (MTUC) want the government to take an action on the new Maybank in-house union registration. They want the minister to cancel the registration of in-house union by saying there is NUBE to represent the Maybank`s employees. The National Union of Bank Employees (NUBE) is a union that represented the most of the bank`s employees in the industry and it is a strong union. The second issue arise is the power of minister to overrule the registration of in-house union. When the employees had decided to form a union, they must send the application or form to the Director General of Trade Union to be registered. The Director General of Trade Union has the authority to approve or refuse the registration of union. However, the minister has the power to overrule the decision made by the Director General of Trade Union. When there is issues arise regarding the registration, minister can overlook on it and he can cancel it. The decision made by the Director General of Trade Union has been argued according to the Section 12 of Trade Union Act 1959. The NUBE General Secretary, J.Solomon has cited under section 12(2) stated, DGTU ought to not register another union when a trade union representing workmen in the particular establishment, trade, occupation or industry already exist. Third issue is the violation in term of agreement made by both parties. NUBE and Maybank had signed an agreement which stated that NUBE is the sole representatives of Maybank`s employees. Therefore, the chief executive of Maybank had expresses his consent not to agreed with the agreement by allowing the new in-house union (Mayneu) to function. Solomon had stated that Abdul Wahid cannot violate his own agreement made with NUBE. Besides that, Maybank also had violated toward the High Court stay order regarding the registration of Mayneu by giving their fully support to the in-house union.

TOPIC RELATED TO INDUSTRIAL RELATION The issue related to the industrial relation is under trade union. Under Section 2 of Trade Union Act 1959 defines Trade Union as any association or combination of workmen or employers whose place of work in West Malaysia, Sabah or Sarawak within any particular establishment, trade, occupation or industries In house union is a union where the members are employed by the same employer. The in house union is form by the employees under the organization and it generally a weak union. Most employers are preferred to have in house union because in house union is less interference from outsider and it easy for them to manipulate and control the movement of that in house. The registration of union is cited under Section 12 of Trade Union Act 1959. The application to form a union must be sent to the Director General of Trade Union for the registration. However, the Director General of Trade Union has the power to refuse to register the union if there any contradict to the Trade Union act 1959.

OPINIONS The government should quash new Maybank union (Mayneu) registration because there were already having industry union to represent the Maybank`s employees. There no need for the new existence of in-house union if there actually have a strong national union like NUBE. Furthermore, the Chief Executive of Maybank, Abdul Wahid stated there are three currently groups of employees within Maybank being represented by three in-house unions and three industry union in Malaysia. The MTUC president, Khalid Atan also have told in the conference that when once a union have exist, there no need for other union in the same industry to represent the employees. Moreover, NUBE have represented the employees for more than 50-years and most of the employees which 61% of Maybank`s employees are NUBE members. The number of members itself was represented the majority of Maybank`s employees, therefore the Mayneu should cannot be registered as it not fulfill the requirement stated as in Trade Union Act 1959.

Note: current union in Maybank Berhad based on the categories of worker In my opinion, it should be cancelled because the registration of in-house union in Maybank is contradicting the Trade Union Act 1959. By looking at Section 12 subsection (2) of Trade Union Act 1959, DGTU may refuse to register if he is satisfied that there is in existence a trade union representing the workmen in particular establishment, trade, Occupation or industry. Under Section 15 (2) (a) Trade Union Act 1959, illustrated the union which represent the same workmen in same establishment, trade, occupation and industry with small members can be cancelled the certificate of registration. As NUBE had presented 61% of the employees, it makes NUBE having the majority. On the BERNAMA, J.Solomon had given statement wh~`olved in the setting-up the in-house union to dodge the bonus claimed make by NUBE. Furthermore, it will kill the growths of union in the country as well as create unhealthy industrial relation in the workplace. When there are two or more union represent the employees in the same trade, occupation or industry, it will tend to compete in order to get more membership rather than to achieve the objective of union which protects the members interest. The employees will form a group to which union that they joined and it will affect the productivity and the effectiveness of the work. It was supported by the secretary general of CUEPACS A.H. Ponniah which he said more unions mean more fragmentation and weaker unionism.1

A.H. Ponniah, Reform labour laws, revive the union. Aliran monthly 2004:4.www.aliran.com

RECOMMENDATIONS/ SUGGESTIONS These issues can be solved by using tripartite system. The Human Resource minister should review the decision to register Maybank in house union with considering to all facts and the consequences of registration new Maybank in house. NUBE, Maybank and the Human Resource minister should make a close discussion and not using a media as a medium to show their dissatisfaction. Both parties must co-operate and not put the pressure into this matter. Other suggestion is NUBE and Maybank should follow the agreement signed between them. The issues arise when both parties had violated the agreement. The payment for the bonus for the employees represent by NUBE is governed by the collective agreement which NUBE negotiated with MCBA. The collective agreement is cover all banks represented by NUBE including Maybank who are obliged to pay the bonus as the quantum for bonus is 2 months per annum. While Maybank also must follow the agreement which stated that NUBE is sole representatives for their employees.

CONCLUSION The conclusion is there is no need a new in house union as there was a strong national union to represent the employees. Therefore, the new Maybank in house union should be quash to create the harmony industry between employer and employees.