MAS - a disturbing record on worker and trade union rights...?

Malaysian Airlines(MAS),a government-linked company, has a disturbing track record when it comes to worker and trade unions.

Whilst. we all are concerned with missing MH370, it is time to also challenge MAS to improve itself, also with regard to respecting worker and trade union rights.

MAS, even after the secret ballot proving that flight attendants in MAS agree that NUFAM is their chosen union - MAS is now challenging the 'secret ballot' and the recognition in the High Court. Respect the rights of your flight attendants, and accept that NUFAM is the recognized Union and proceed with the process of entering into a Collective Bargaining agreement.

The President of NUFAM, when he makes a statement in his capacity of the President, has been terminated by MAS.

Now, 3 - 4 others from the Union has been terminated...

When members take their grievances to the Ministry of Human Resources, MAS reacts with show cause letters.

 

On 3/12/2013, 43 groups including the ITUC came out with a Joint Statement, "MAS Must Immediately Revoke Suspension of Union President Ismail Nasaruddin -Worker Right Issue Should Be Resolved By Negotiations Not ‘Union Busting’ (see below for the statement)

On 3/3/2014, 54 groups issued another Joint Statement, ' Malaysian Airlines Must Respect Trade Union and Worker Rights - Cease Anti-Union activities against NUFAM and its members (see below for the statement)

Joint Statement – 3/12/2013

MAS Must Immediately Revoke Suspension of Union President Ismail Nasaruddin

Worker Right Issue Should Be Resolved By Negotiations Not ‘Union Busting’

We, the 43 undersigned civil society groups, trade unions and organizations are disturbed by the news that Malaysian Airlines, a government linked company, has suspended the president of the National Union of Flight Attendants Malaysia (NUFAM), Ismail Nasaruddin in connection with a statements made to the media by the Union, which amongst others suggested that MAS’s Chief Executive Officer (CEO),  Ahmad Jauhari Yahya who was appointed in 2011, should resign. Ismail was allegedly suspended without allowances with immediate effect starting Nov 8 following a news report quoting him that was published on the same day.

According to a news report, ‘…NUFAM Secretariat said it is calling on the prime minister to review Jauhari's contract and remove him as the CEO of MAS, which is a government appointed position, unhappy that there has been no changes in resolving the cabin crew's problems…’ (The Sun Daily, 8/11/2013, NUFAM calls for resignation of MAS' CEO).

Amongst the alleged grievances being raised by NUFAM, which represents 3,500 cabin crew at Malaysia Airlines (MAS), as was contained in the said Sun Daily report are:-

·         New policy imposed by MAS on a weight control ruling where cabin crew are told to reduce their weight to achieve a certain body mass index within three to six months. Failure to do so would result in an automatic transfer to ground work. The new rule is also a blanket policy and affects all cabin crew members including those who have just returned from maternity leave and may find it difficult to drastically lose weight within a short time frame;

·        Cabin crew who joined in 2004 or later are no longer able to enjoy the transport services provided by the airline for pick-up from home, and  Ismail said this is unfair to those who joined in 2004 or later, as they had signed contracts that included transportation as part of the benefits; and

·         That the MAS management have allegedly cut costs drastically which affected the cabin crew resulting also a failure to review allowances and salaries.

We are especially concerned with this ‘weight control ruling’ which certainly is discriminatory against women, especially to those returning from pregnancy. Increase of body mass index sometimes may be beyond the control of a human being, and this really should not be used to affect their employment.

NUFAM alleges that it wants MAS to sit down with the Union to discuss and negotiate a new Collective Bargaining Agreement (CBA/CA) but apparently MAS is not interested to do so at this moment, citing as reason some judicial review.

Now, MAS has commenced disciplinary actions against Ismail Nasaruddin, and according to a Malaysiakini report, it is allegedly because MAS said Ismail had acted in contradiction with his duties as a chief steward of the airline by issuing the statement. (Malaysiakini, 14/11/2011, MAS suspends chief steward for criticising CEO)

Now, clearly the statements were made by Ismail in his capacity as President of the Union, representing some 3,500 workers, and as such he has the duty and obligation to fight for the rights of workers and that includes applying pressure on the employer and even calling for the removal of any of such employer’s officers or even Directors who is standing in the way of a prompt resolution of the dispute. Unlike employers, every day that a worker’s issues is not resolved, it is the workers that will continue to suffer. A prompt resolution is best and just.

No worker, group of workers or unions should be barred from making public statements to the media or otherwise in the struggle for worker rights and human rights. This right is clearly acknowledged in the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, commonly known today as the UN Human Rights Defender Declaration.

We condemn the action of Malaysian Airlines (MAS) in commencing disciplinary actions against a Union leader, and urge MAS to immediately stop this and revoke the suspension of Ismail Nasaruddin.

We call on MAS to immediately sit down, negotiate and resolve these outstanding worker issues with the trade union rather than resorting to ‘union busting’ strategies which include disciplinary actions against  worker and union leaders who dare to fight for worker rights.

We call on the Malaysian government to immediately to act, given the fact of the much influence it has in a government-linked company like MAS, to ensure that justice is done for Ismail Nasaruddin, the Union and its members.

Senator Syed Shahir bin Syed Mohamud

Charles Hector

Mohd Roszeli bin Majid

Pranom Somwong

For and on behalf of the following 43 civil society groups, trade unions and organizations

ALIRAN

Asia Pacific Forum on Women, Law and Development (APWLD)

Cambodian Human Rights and Development Association (ADHOC)

Center for Orang Asli Concerns (COAC)

CWI Malaysia (Committee For A Workers International  Malaysia)

Damn the Dams

Dignity International-Asia

Friends of Burma

Human Rights Ambassador for Salem-News.com, United Kingdom

Jaringan Rakyat Tertindas(JERIT)

Kesatuan Eksekutif AIROD (KEA)

Kesatuan Pekerja-Pekerja Polyplastics Asia Pacific

Kesatuan Sekerja Industri Elektronik Wilayah Selatan Semenanjung Malaysia (KSIEWSSM)

MADPET (Malaysians Against Death Penalty and Torture)

Malaysians for Beng Hock

Malaysia Youth & Students Democratic Movement (DEMA)

MTUC Pahang

National Union of Hotel, Bar and Restaurant Workers (NUHBRW)

Network of Action For Migrants in Malaysia (NAMM)

Paper and Paper Products Manufacturing Employees Union (PPPMEU)

Philippine Alliance of Human Rights Advocates (PAHRA)  

Parti Rakyat Malaysia (PRM)

Parti Sosialis Malaysia (PSM)

Partido ng Manggagawa (Labor Party-Philippines) 

Pax Romana-ICMICA Asia

Peoples' Green Coalition

Persatuan Kesedaran Komuniti Selangor (EMPOWER)

Persatuan Sahabat Wanita, Selangor

Pusat KOMAS

Sahabat Rakyat Working Committee

Sarawak Dayak Iban Association[SADIA]

SUARAM

Tenaga Nasional Junior Officers Union (TNBJOU)

Tenaganita

The Filipino Women's Organization in Quebec

WIRDA (Women’s Institute Research Development and Advancement), Malaysia

Women’s Centre for Change Penang

Workers Hub For Change (WH4C)

Yayasan LINTAS NUSA – Batam, Indonesia

Saya Anak Bangsa Malaysia (SABM)

Law and Society Trust.Colombo Sri Lanka

ITUC(International Trade Union Confederation)

Senator Syed Shahir bin Syed Mohamud - Senator in the Malaysian Parliament

Charles Hector - Human Rights Defender and lawyer;

Mohd Roszeli bin Majid Vice President (Private Sector) Malaysian Trade Union Congress(MTUC), and also the President of the TNB Junior Officers Union;

Pranom Somwong - Workers Hub For Change (WH4C), Asia  Pacific  Forum on Women , Law and Development ( APWLD); 

Joint Statement – 3/3/2014

Malaysian Airlines Must Respect Trade Union and Worker Rights

Cease Anti-Union activities against NUFAM and its members

We, the 54 undersigned civil society groups, trade unions and organizations are disturbed by the news that Malaysian Airlines(MAS), a government linked company continues to violate worker and trade union rights. Recently, MAS commenced disciplinary action against Mohd Akram bin Osman, the Secretary General of the National Union of Flight Attendants Malaysia (NUFAM), and 30 other NUFAM members. The show cause letter dated on or about 14/2/2014 asked why disciplinary action should not be taken against them by reason of their participation in an ‘illegal’ gathering on 27/11/2013 at the Ministry of Human Resources in Putrajaya. 

On 17/2/2014, Mohd Akram received yet another show cause letter with new allegation, and he has been suspended with half pay. 

The National Union of Flight Attendants Malaysia (NUFAM) is a registered trade union, and it had sought recognition from Malaysian Airlines, the employer of some of its members. Recognition is a legal requirement in Malaysia before an employer can be compelled to sit down, negotiate and agree to a Collective Bargaining Agreement(CBA). When MAS rejected the application, the Director General of Industrial Relations(DGIR) conducted a secret ballot which involved all qualified employees, and NUFAM succeeded in getting 62.73% of the votes, and thereafter on August 2013, the DGIR issued the formal letter acknowledging NUFAM as a recognized union. It must be noted that in Malaysian law, MAS, as employer, would have had to agree on the list of qualified employees entitled to vote before the secret ballot, and as such challenging the result and the subsequent recognition of the Union is bad.

Sadly, on 4/10/2013, MAS challenged the decision of the Minister to accord recognition to NUFAM, and filed a Judicial Review application in the High Court. MAS also allegedly applied for an interim stay order thus depriving NUFAM the ability to move forward towards a Collective Bargaining Agreement(CBA).

On 29/11/2013 MAS wrongly terminated Ismail Nasaruddin, the President of NUFAM, without even having a Domestic Inquiry, hence denying him the right to be heard and a fair hearing. Ismail was first suspended and then terminated allegedly by reason of a statement he issued in his capacity as President of NUFAM, which appeared in the media, which amongst others stated :- ‘…NUFAM Secretariat said it is calling on the prime minister to review Jauhari's contract and remove him as the CEO of MAS, which is a government appointed position, unhappy that there has been no changes in resolving the cabin crew's problems…’ It also raised other worker issues (The Sun Daily, 8/11/2013, NUFAM calls for resignation of MAS' CEO).

MAS send him a show cause letter on 8/11/2013, which also immediately suspended him. Thereafter, Ismail received another letter terminating him on 29/11/2013. According to a Malaysiakini report, it is alleged that MAS said Ismail had acted in contradiction with his duties as a chief steward of the airline by issuing the statement.(Malaysiakini, 14/11/2011, MAS suspends chief steward for criticising CEO). This is absurd as the statement was issued in the capacity of a Union President, not a mere employee whereby even an ordinary employee should never be denied his freedom of opinion or expression.

In response, 43 civil society groups and trade unions, including the International Trade Union Confederation(ITUC), issued a Joint Statement on 3/12/2013, entitled, “MAS Must Immediately Revoke Suspension of Union President Ismail Nasaruddin Worker Right Issue Should Be Resolved By Negotiations Not ‘Union Busting’. 

Then, in December 2013, disciplinary action was taken by MAS against about 10 NUFAM members allegedly based on comments made by them in their NUFAM Facebook Group. They were all suspended, but thankfully the disciplinary action seem to have been discontinued against 9. However, one Flight Attendant Ms Farahtina Kassim is still suspended from her flying duties since 8th December 2013 and even though she is now receiving full wages, she is being deprived of her flying allowance which constitutes a substantial sum of her ordinary take-home income. 

Now in February 2014, the show cause letter is against some 30 employees. The most recent allegation of participation in an ‘illegal gathering’ at the Human Resource Ministry is absurd given the reason that it a fundamental right for workers and/or their unions to file complaints and make representation to the government, including the Human Resource Minister. There has also been no known report or actions taken by the police or relevant authorities that indicated that any ‘illegal gathering’ even took place on 27/11/2013 at the Ministry. In any event, even if workers went to the Ministry not during their working hours, MAS certainly cannot make this a worker misconduct. Being convicted of serious crimes may be a basis for commencement of misconduct, but here there seem to have been no arrest, investigation or even prosecution at all. One also wonders whether there is ‘mala fide’ on the part of MAS to suddenly in February 2014 to issue show cause letter with regard to things that happened in November last year.

On or about 14 February 2014, Ms Farahtina Kassim and 3 others were terminated.

It is suspected that the timing of these recent actions by MAS may have been because the MAS’s judicial review at the High Court challenging of the recognition accorded Minister to NUFAM was fixed for 18/2/2014, which now has been adjourned to 27/3/2014. 

Taking into consideration all these actions of MAS, it is difficult not to come to the perception that MAS is on a ‘union-busting’ mission, which also includes persecution of Union leadership and those active in NUFAM.

Malaysia, being a member of the international community, must also act in accordance with International Standards including Ruggie’s Guiding Principles on Business and Human Rights: Implementing the United Nations “Protect, Respect and Remedy” Framework , whereby in cases of government-linked companies like MAS, the obligation is even greater. The Guiding Principles do state that “States should take additional steps to protect against human rights abuses by business enterprises that are owned or controlled by the State, or that receive substantial support and services from State...”. 

No worker, group of workers or unions should be barred from making public statements to the media or otherwise in the struggle for worker rights and human rights. This right is clearly acknowledged in the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, commonly known today as the UN Human Rights Defender Declaration.

We call on Malaysian Airlines to immediately cease all ‘union busting’ activities including the commencement and continuation of disciplinary actions against members and potential members of NUFAM.

We call on MAS to immediately discontinue the High Court action challenging the recognition of NUFAM, and to immediately sit down and work towards a Collective Bargaining Agreement with NUFAM.

We call again on MAS to immediately and unconditionally reinstate Ismail Nasaruddin, the president of the Union, Ms Farahtina Kassim and the 3 other flight attendants that have been terminated.

We call on MAS to recognize and respect worker rights including the freedom of association and the right of qualified employees to join the Union.

We call on the Malaysian government, being also a member of the International Labour Organization (ILO), and also having substantial influence in MAS, a government linked company, to ensure that worker rights and union rights are respected by MAS.

We call on Malaysia to immediately amend or repeal all laws that hinder or delay the speedy formation of trade unions and entry into Collective Bargaining Agreement with employers. 

Senator Syed Shahir bin Syed Mohamud

Charles Hector

Mohd Roszeli bin Majid

Pranom Somwong

For and on behalf the 54 organisations listed below

ALIRAN

All Nepal Federation of Trade Unions

AMRC, Hong Kong.

Cambodian Human Rights and Development Organization- ADHOC

Centro De Reflexión Y Acción Laboral (CEREAL)

COAC (Center for Orang Asli Concerns), Malaysia

Committee for Asian Women, Bangkok

Community Action Network(CAN), Malaysia

CWI (Committe For Workers International) Malaysia

Damn the Dams

Dignity International

FARR(Friends' Association for Rural Reconstruction) Orissa, India

Human Rights Ambassador for Salem-News.com , UK

Kesatuan Eksekutif AIROD

Kesatuan Eksekutif Canon Opto (Malaysia) Sdn Bhd

Kesatuan Pekerja-Pekerja Perodua

Kesatuan Pekerja-Pekerja Dalam Perkhidmatan Perubatan Dan Kesihatan Swasta

Kesatuan Pekerja-Pekerja Polyplastics Asia Pacific(KPPAP), Malaysia

Kesatuan Sekerja Industri Elektronik Wilayah Selatan, Semenanjung Malaysia

MADPET (Malaysians Against Death Penalty and Torture)

Malaysians for Beng Hock

Malaysian Physicians for Social Responsibility MPSR

Malaysian Trade Union Congress (MTUC)  Pahang

Malaysian Trade Union Congress (MTUC)  Perak

Malaysian Trade Union Congress (MTUC)  Selangor & Wilayah Persekutuan

MHS Employees Union, Malaysia

Migrant Forum in Asia (MFA)

Migrante International

National Union Employees in Companies Manufacturing Rubber Products(NUECMRP)

National Union of Hotel, Bar and Restaurant Workers (NUHBRW), Malaysia

National Union of Transport Equipment & Allied Industries Workers (NUTEAIW)

Network of Action for Migrants in Malaysia (NAMM)

Paper Products Manufacturing Employees’ Union of Malaysia (PPMEU)

Parti Rakyat Malaysia(PRM)

Parti Sosialis Malaysia(PSM)

Pax Romana ICMICA

Peoples Green Coalition

Persatuan Kesedaran Komuniti Selangor (EMPOWER)

Persatuan Masyarakat Selangor & Wilayah Persekutuan (PERMAS)

Persatuan Sahabat Wanita Selangor, Malaysia

Pusat KOMAS

Sahabat Rakyat Working Committee, Malaysia

Saya Anak Bangsa Malaysia (SABM )

Selangor & Federal Territory Textile Workers Union

Suara Rakyat Malaysia (SUARAM)

Tenaga Nasional Junior Officers Union (TNBJOU)

Thai Labour Campaign, Thailand

THINK Centre, Singapore

WAC, Cavite, Philippines

WH4C (Workers Hub For Change)

Women Workers Lead, Malaysia

Yayasan LINTAS NUSA – Batam

Asia  Pacific  Forum on Women , Law and Development ( APWLD)

Club Employees Union Peninsular Malaysia

Senator Syed Shahir bin Syed Mohamud - Senator in the Malaysian Parliament

Charles Hector - Human Rights Defender and lawyer;

Mohd Roszeli bin Majid Vice President (Private Sector) Malaysian Trade Union Congress(MTUC), and also the President of the TNB Junior Officers Union;

Pranom Somwong - Workers Hub For Change (WH4C), Asia  Pacific  Forum on Women , Law and Development ( APWLD);