Tuesday, July 02, 2013
RENESAS appeal dismissed unanimously by the Federal Court - hopefully the secret ballot would be conducted soonest, and the Union be accorded recognition
RENESAS Semiconductor KL Sdn Bhd (formerly known as NEC Semiconductors (Malaysia) Sdn Bhd] have denied workers recognition of their union, the Electronic Industry Employees Union Western Region, Peninsular Malaysia (EIEUWR)/ Kesatuan Sekerja Industri Elektronik Wilayah Barat Semenjung Malaysia(KSIEWBSM)]. The first application for recognition was on 18/1/2010. The 4th claim was on 8/9/2011.
RENESAS’s now challenged the validity of the registration of EIEUWR(the UNION) itself, and the qualification of the UNION’s General Secretary, one Bruno Gentil Pereira. When the Minister rejected this objection on 9/4/2012, RENESAS proceeded to filed a High Court case to challenge the Minister’s decision on 8/5/2012, whereby on 28/6/2012, the High Court dismissed the RENESAS’s application. RENESAS then appealed to the Court of Appeal who also unanimously dismissed the case on 5/12/2012. And, now on 1/7/2013, the Federal Court also dismissed the case.
Picture of the workers at the Federal Court
Now, even though there has been no order after 28/6/2012 stopping the Director General of Industrial Relations(DGIR) from proceeding with the process of secret ballot to determine that more than 50% of the workers are for the Union, the DGIR had procrastinated.
After about 5-6 months, the DGIR started writing to RENESAS for the company to submit Form B, a required Form before the secret ballot can happen. The company procrastinated, advancing reasons that there was the Federal Court case pending - but there was no court order stopping the process towards recognition. It is alleged that the DGIR also had to threathen to take legal action against the company.
Finally, RENESAS submitted the required Form B - but has allegedly failed to attend meetings called by the DGIR.
Now, on 1st July 2013, the Federal Court has unanimously dismissed RENESAS's appeal - and hopefully the secret ballot is conducted soonest, and the workers at RENESAS finally get union recognition.
[In Brief:- Union recognition must be obtained before the Union can begin negotiating Collective Bargaining Agreements. In Malaysia, the first step is to REGISTER the Union. Then the Registered Union would need to apply to the employer, in this case RENESAS, and RENESAS could immediately accord recognition. But if the employer does not accord recognition, then there would be a need for a secret ballot to determine that more that 50% of the workers want the Union - then the Union would be accorded recognition.]