LIKE
IT OR NOT - TRADE UNION ARE HERE TO STAY- INDUSTRIAL COURT PRESIDENT
Industrial Court KL, 4th. December 2007
" Whether
you like it or not Mr. Goh , trade unions are here to stay , and you have to
accept the existence of the Kesatuan Pekerja pekerja Guppy
Plastic Industries ( Guppy Plastics Workers Union )
" said the Industrial Court President the Hon , Dato Umi Kalthum
bin Abdul Majid to the company General Manager, Goh Boon King .
Guppy Plastics Industries is a household plastic product
manufacturer in Balakong Selangor with around 800 workers. The company's
management embarked on its union busting activities since day one of the
union’s establishment. Just four days after the union wrote to the management,
informing of the unions registration and office bearers, the management
immediately suspended the entire union committee. On the 4th
Jun , 1998 , Goh Boon King issued suspension letters to the union President ,
Vice president , Secretary , Treasurer and other three working committee
members , accusing them of anti company activities .
Since that day,
the workers union has been fighting a hard battle, even to carry out its lawful
activities. The management since Jun, 1998 has consistently harassed and
victimized union officials and members. On 18 th Jun 1998, the union
President , Secretary and Treasurer were sacked . Three years later in 2001 ,
the union Vice President and Deputy Treasurer were also sacked for launching
a donation campaign for one of their members who was ill .
Even though the
union has filed more than 20 complaints to the Industrial Relations Department
but the authorities mediocre attitude has enabled the company to
effectively carry out its union busting! The 9 over years of
harassment, has created a climate of fear among the workers . The workers
now fear to discuss or even mention the word 'union ' in the company premises.
Despite the
managements high handed tactics, the union has strived and tirelessly
continued to initiate subscription collections and membership drives.
The Court
President slammed the management for having prohibitive clauses in its
workers rules and regulation handbook. V.Selvam and A.Sivarajan, both members
of the PSM who represented the union today quickly pointed out how one
such clause which states that it is a serious offence to collect union
dues with out prior permission from the management is
absolutely against the law.
The General
Manager denied carrying out any union busting activities and informed
the court that the company practices and 'open policy ' where supposedly any
employee with problems could directly forward them to the Human Resource
Management. The management also proudly mentioned how it took good care
of the workers by giving them free Mc Donald food vouchers .
The Court
President, however could read between the lines and concluded that the company
so called goodwill gestures and 'open policy' only proved that the
management did not want the union to exist .
The court then
requested the management to do the following to end its union busting
activities ;
a)
Immediately remove all prohibitive clauses in the foreign workers contract that
prevents them in joining the union
b)
Immediately remove clauses in the employees Rules and Regulation Handbook that
prevent the lawful activities of the union.
c)
Provide a room or space in the company premises for union activities.
d)
Regular meetings with a fresh union committee to trash out
issues.
The
reconciliation meetings were postponed to March 2008, to enable the company the
study the above proposals and to give time for the union to elect new members
to its working committee .
After
9 years of struggle , the union has finally made head way to be able to
function as a lawful registered workers union in the company . It is
indeed regrettable that even with the provisions in law , the registered union
has to struggle for nearly 10 years against union busting
activities before it can even function as a effective workers
representative . The Human Resource Ministry has failed terribly to enforce the
law and penalize union busting bosses .
Kesatuan
Pekerja-pekerja Guppy Plastic Industries have been
waiting a long time . The battle has just begun after 9 years . The
union will continue to push forward for membership and seek due
recognition .
Sivarajan
PSM
