Thursday, April 27, 2017

Malaysian Airlines - 99% person voted for NUFAM, but BAD law says still no union recognition?

About 700 plus turned up and voted - 700 voted for the union, 2 voted against, and 5 votes were spoilt votes.(based on information received from NUFAM).

See earlier post:-

Malaysian Airlines - Secret Ballot for Union Recognition after MAB fails to accord recognition to NUFAM?

 11  Formula to ascertain percentage of membership

(1) The percentage of membership shall be calculated bases on the following formula:
(2) The strength of the membership shall be determined on a simple majority vote basis.

Flight Attendants from Malaysian Airlines came and voted but unfortunately 1,200 did not manage to turn up and cast their ballots. Why? Flight attendants fly around a lot making it not easy..After a long flight, they may have arrived at KLIA at 6.00 am - but could not yet vote since voting started at 9.00 am. There are many reasons why they did not turn up...some may even be afraid, for after all their employer REFUSED to accord recognition to NUFAM when NUFAM applied. Only when the Employer says "NO", will the Minister step in and a 'secret ballot' is conducted...unfortunately, there was no postal ballot here as was in our General Elections...

According to the current BAD law, the flight attendants at MAS needed 51% votes in favour of the Union to enable the Minister to compel[ORDER] Malaysian Airlines Berhad(MAB), the new company running the Airlines to RECOGNIZE the Union.

BUT, Malaysia's draconian law says otherwise....the law says that all those who did not manage to cast their votes would be deemed to have voted AGAINST, and with 1,900 flight attendants qualified to vote, the 1,200 that did not manage to case their vote would be deemed to have voted against... Hence, the Union would have only managed to get about 42%..according to the formula in the current unjust law.

REASONABLE CONCLUSION would have been that the Union was victorious - since there were only 7 votes that were not for the Union. All 1,900 had the right and 'opportunity' to vote - and so, the outcome result just like in any election/voting should have been victory...

9  Claim for recognition 9
(3) An employer or a trade union of employers upon whom a claim for recognition has been served shall, within twenty-one days after the service of the claim-
(a) accord recognition; or
(b) if recognition is not accorded, notify the trade union of workmen concerned in writing the grounds for not according recognition; or

(c) (Deleted by Act A1322:s.8)
(3A) Upon according recognition to the trade union of workmen concerned under paragraph (3)(a), the employer or the trade union of employers concerned shall notify the Director General.

(4) Where the trade union of workmen concerned receives a notification under paragraph (3)(b), or where the employer or trade union of employers concerned fails to comply with subsection (3), the trade union of workmen may, within fourteen days-
(a) of the receipt of the notification; or
(b) after the twenty-one day period in subsection (3) has lapsed,
report the matter in writing to the Director General, failing which the claim for recognition shall be deemed to have been withdrawn.

(4A) Upon receipt of a report under subsection (4), the Director General may take such steps or make such enquiries to ascertain-
(a) the competence of the trade union of workmen concerned to represent any workmen or class of workmen in respect of whom the recognition is sought to be accorded; and
(b) by way of secret ballot, the percentage of the workmen or class of workmen, in respect of whom recognition is being sought, who are members of the trade union of workmen making the claim.

12  Trade unions not accorded recognition

Where a claim for recognition-
(a) has been withdrawn by the trade union of workmen concerned after a report has been made by the trade union of workmen to the Director General under subsection 9(4); or
(b) has been decided by the Minister under subsection 9(5), resulting in the trade union of workmen concerned not being accorded recognition,
such trade union shall not make any further claim for recognition in respect of the same workmen or class of workmen until six months have elapsed from the date of such withdrawal or decision.


* Every worker should have the RIGHT to join a trade union or not. [So, if only 20% of the workers want to join a trade union - why should these workers be denied the the right to RECOGNITION which will give them the right in law to a Collective Bargaining Agreement(CBA)] To force all workers to join a trade union, or even VOTE in secret ballots for union recognition may be considered a violation of worker rights...

* The need to get the support of the majority of ALL qualified employees who can join a trade union to gain recognition is not just. Justly, this requirement should be changed to 20% from the present 50% plus one. It is unjust to deny the rights of those workers who want a trade union, just because the majority of the employees do not want to join union, or are simply 'disinterested'.

* If a Union can show that it represents more than 20% of employees qualified to join the trade union, it should suffice to get recognition of employer. A Union only needs to PROVE its membership - presentation of membership list should suffice. No need to waste time with 'secret ballots'...worse case scenario - Statutory Declarations of all members of Union confirming their membership in the Union.

* If the employer and the Union decide to enter into a Collective Bargaining Agreement, irrespective of the number of members it has, the LAW and/or the GOVERNMENT should not interfere...'Law sets minimum standards to ensure worker rights are respected - hence employer can always have a higher or better standard...

* Good employers will support worker and trade union rights - and will simply accord recognition, and not deny or delay worker's right to a trade union, including right to enjoy the benefit of the Collective Bargaining Agreement(CBA) goverment-owned, government-controlled and/or government-linked companies should NEVER be seen not respecting worker and trade union rights. MAB, the wholly owned by government company, should never have even refused to accord recognition to NUFAM....that forced a 'secret ballot'...

See earlier posts:-

54 groups and unions:- Malaysian Airlines Must Respect Trade Union and Worker Rights Cease Anti-Union activities against NUFAM and its members



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