Government-Owned MAB,
the new Malaysian Airlines Operator, Must Recognize Unions and Not Deny Freedom
of Association.
We, the 67 undersigned trade unions, civil society organisations and
groups are shocked that Malaysian government owned Malaysian Airline Berhad
(MAB), the company that took over Malaysian Airlines, chose to ignore the
application for recognition by the National Union of Flight
Attendants Malaysia(NUFAM).
In Malaysia,
before a Union can proceed to negotiate and enter into a Collective Bargaining
Agreement(CBA), the employer needs to recognize the said Trade Union. MAB’s failure to immediately recognize NUFAM reflects
badly on Malaysia who has the duty to respect worker rights especially the
freedom of Association, which is also a right enshrined in the Malaysian
Federal Constitution.
In accordance to
the existing law, NUFAM applied to MAB for recognition vide a letter dated 11/9/2015.
Section 9(3)
Industrial Relations Act 1967 states that, ‘…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…’
MAB did not even have courtesy of replying
to NUFAM within the stipulated 21 days, which can be considered conduct
unbecoming especially of a Malaysian government owned company.
As required by law,
vide letter delivered on 6/10/2015, NUFAM then reported
the matter in writing to the Director General for Industrial Relations to
take such steps or make such enquiries to ascertain the
‘… the competence of the trade union of workmen concerned to represent any
workmen or class of workmen…’ in MAB, and to determine ‘…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. The result of the secret ballot must demonstrate that more
than 50% of the qualified employees are for the Union, whereby those that never
had the opportunity to vote are taken as being against the Union.
More than 40 days has lapsed, and the DG
for Industrial Relations has not yet responded to NUFAM. Given that many
employees are hired as fixed-term contract employees, speedy efficient action
is required by the authorities. Delay prejudices workers.
Even when
Unions in Malaysia are successful in demonstrating that they have the support of
more than 50% of all qualified employees in a secret ballot, and the Minister
decides that recognition is to be accorded by the employer, some employers are
challenging this decision in court and as a result rights that come with recognition
is put on hold for many years to the detriment of workers and their union.
When the
Malaysian Airlines was previously operated by Malaysian Airlines Systems
Berhad(MAS Bhd), NUFAM succeeded at the
secret ballot and the Minister decided that NUFAM is recognized by MAS Bhd.
Unfortunately, MAS Bhd commenced a Judicial Review action in court challenging
the Minister’s decision, and this case is still pending.
Union Busting – Creating a New Legal
Entity
Private
sector companies have been known to in the past form a new separate legal
entity, and then transfer assets and business from the existing company to this
new entity, thereby killing existing unions – forcing workers to start all over
again to form, register and get recognition of unions in the new entity. This
strategy is also used to get rid of worker leaders and workers brave enough to
fight exploitation.
It is
disappointing that the Malaysian government is using a similar ‘union busting’
strategy for government owned and/or government-linked companies (GLCs).
Malaysian
Airlines Systems Berhad(MAS Bhd) was the company running the Malaysian Airlines
with about 20,000 employees. What was done was that MAS Bhd apparently
transferred their assets and the airline business to a newly created separate
legal entity, Malaysian Airlines Berhad(MAB), and terminated about 20,000 MAS Bhd Employees.
MAB, the
new company that took over the Malaysian Airlines, employed new employees,
amongst them some 14,000 ex-MAS Bhd employees. All the in-house trade unions
that existed in MAS Bhd were effectively killed.
Now, MAB is
free of trade unions.
NUFAM may
be the first union that is seeking recognition from MAB – whereby recognition
is needed to better represent their worker members in MAB and to enter into a
Collective Bargaining Agreement.
Moratorium on all court action involving
MAS Bhd
To make matters
worse, Malaysia passed a new law – Malaysian Airline System Berhad
(Administration) Act 2015, which amongst others, effectively prevented speedy access
to justice through the courts. A moratorium was put in place preventing court
actions involving MAS Bhd from proceedings. When the moratorium is finally
lifted, it would likely be too late. Justice delayed is justice denied.
Malaysian Government Owns The Old And
New Company
Malaysian
government, vide its strategic investment fund Khazanah Nasional, owns both MAS
Bhd and this new MAB. Hence, it is the current Barisan Nasional government
under Prime Minister Najib Tun Razak that is now possibly guilty of union
busting. The denial of speedy recognition of NUFAM and possibly other unions by
the new Malaysian Airline Berhad(MAB) can be said to be anti-worker and
anti-trade union conduct.
Malaysian
Trade Union Laws are oppressive and anti-worker.
WE CALL FOR
-
The Immediate
recognition by Malaysian Airline Berhad(MAB), a Malaysian owned company, of National
Union of Flight Attendants Malaysia(NUFAM);
-
The Malaysian government
to ensure that all government owned and/or government-linked companies(GLCs)
set the highest standards when it comes to respecting worker and trade union
rights in Malaysia;
-
That Malaysia immediately
ratifies ILO Convention No. 87 Freedom of Association and Protection of
the Right to Organise Convention, 1948, which is one of 8 fundamental core
conventions;
-
That Malaysia immediately amend and/or
repeal trade union laws that are not compliant with international standards
especially freedom of association.
Charles Hector
Mohd Roszeli bin Majid
Pranom Somwong
For and on
behalf the 67 organisations, trade unions and groups listed below
ALIRAN
Asia Monitor Resource Centre (AMRC)
Association of Maybank Executives
BPSLU (Batangas Pier Stevedores and Dockworkers Labor
Union), Philippines
Center for Trade Union and Human Rights (CTUHR),
Philippines
Centro De Reflexión Y Acción Laboral (CEREAL), México
Clean Clothes Campaign(CCC)
Committee for Asian Women (CAW)
CBBRC (Crispin B. Beltran Resource Center), Philippines
Daeduck Employees Union- Ind. , Philippines
Eagle Ridge Employees Union, Philippines
Electronic Industry Employees Union (EIEU) Southern
Region, Peninsular Malaysia
GoodElectronics Network
Hyesung Workers Union-Ind., Philippines
IDEAL （Institute for Development of Alternative Living）
Institut Rakyat
Inverclyde Advice and Employment Rights Centre, Scotland
Jaringan Kampung Orang Asli Semenanjung Malaysia /JKOASM
Jaringan Orang Asal SeMalaysia
Jawatankuasa Bertindak Kuala Lumpur Tak Nak Insinerator
Kalikasan People's Network for the Environment,
Philippines
Kesatuan Eksekutif AIROD
Kesatuan Eksekutif Canon Opto
Kesatuan Pekerja-Pekerja Mitsui Copper Foil(MCFEU)
Knowledge and Rights with Young people through Safer
Spaces(KRYSS)
LINTAS NUSA - Batam Indonesia
MADPET (Malaysians Against Death Penalty and Torture)
Malaysian Youth and Students' Democratic Movement (DEMA)\
Malaysia Physicians for Social Responsibility
MAP Foundation for the Health and Knowledge of Ethnic
Labour, Thailand
Migrant CARE
Myanmar Migrants Rights Centre
Nagkakaisang Manggagawa ng Keyrin Electronics-Ind. ,
Philippines
NAMM(Network of Action for Migrants in Malaysia)
National Union Employees in Companies Manufacturing
Rubber Products (NUECMRP)
National Union of Flight Attendants
Malaysia(NUFAM)
National Union of Journalist (NUJ) Cawangan Utusan Melayu
National Union of Transport Equipment & Allied
Industries Workers (NUTEAIW)
North South Initiative
Paper Products Manufacturing Employees’ Union of Malaysia
(PPMEU)
Parti Rakyat Malaysia(PRM)
Pax Romana ICMICA
People & Planet
Perak Women for Women Society
PERMAS (Persatuan Masyarakat Selangor & Wilayah
Persekutuan)
Persatuan Kesedaran Komuniti Selangor (EMPOWER)
Persatuan Komuniti Prihatin Selangor dan Kuala Lumpur
Persatuan Sahabat Wanita Selangor (PSWS)
Projek Dialog, Malaysia
Sahabat Rakyat 人民之友
Samahan ng mga Manggagawa sa Eagle Ridge Golf Course and
Residential Estate, Philippines
SAVE Rivers
SAWO (Sabah Women's Action Resource Group)
Selangor and KL Hokkien Association Youth Section
Solidarity of Cavite Workers, Philippines
Tenaga Nasional Junior Officers Union (TNBJOU)
Tenaganita
The Alternative ASEAN Network on Burma(Altsean-Burma)
Workers Assistance Center, Inc (WAC) , Philippines
Workers Assistance Center, Inc (WAC) , Philippines
WH4C (Workers Hub For Change)
Yayasan Chow Kit
Yayasan LINTAS NUSA - Batam IndonesiaCWI Malaysia (Committee For Workers’ International)
Cividep, India
Kesatuan Pekerja-Pekerja Dalam Perkhidmatan Perubatan Dan Kesihatan Swasta
Kesatuan Pekerja-pekerja Perodua EngineManufacturing Sdn. Bhd
Kesatuan Pekerja-Pekerja Perusahaan Otomobil Nasional Sdn Bhd (KPP Proton)
# 3 more Malaysian Unions make it 67
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