LIKE IT OR NOT - TRADE UNION ARE HERE TO STAY

LIKE IT OR NOT - TRADE UNION ARE HERE TO STAY- INDUSTRIAL COURT PRESIDENT

Industrial Court KL, 4^th. 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 4^th 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