Union chief alleges union-busting tactics by electrical industry MNCs

 

Two multinational companies based in Peninsular Malaysia in recent months, the Electrical Industry Workers’ Union (EIWU), are crying foul over union-busting tactics deployed in the lead-up to the voting process of its recognition to represent their workers.

EIWU, representing workers in the country's electrical equipment manufacturing industry, is challenging the outcome of the recognition process known as “secret ballot”, alleging intimidation and harassment of workers by company representatives.

The union declined to name the companies after filing a complaint with the Industrial Relations Department (IRD) under Sec 8(1) of the Industrial Relations Act 1967 against one company.

The complaint specifically cited the company’s union-busting campaign to undermine the union and violate rights.

“They have threatened migrant workers implying they would be sent back to their home countries should they attend the secret ballot process.

“Company representatives have harassed, coerced, threatened and impeded workers from casting their ballots,” its general secretary, Md Zaimi Muhamad Yusof, alleged.

The EIWU possesses audio and video evidence of workers being threatened to deter workers’ attendance at the secret ballot, along with other supporting evidence.

Meanwhile, the announcement of the secret ballot results has been put on hold by the IRD pending negotiations between EIWU and the employer, which an IRD officer would mediate.

“A date has been set for negotiations with the employer this month.

“We have already furnished the government with sufficient proof of acts of union-busting undertaken by the company,” Zaimi said.

EIWU will avail the same provision in the Act to file a complaint against the second company over the next few days.

Favouring employers

A secret ballot involving workers is carried out to determine if the majority of workers in a factory want their rights to be represented by a trade union.

Zaimi said the existing secret ballot process used to determine trade union representation in factories favoured employers.

In a factory setting, a secret ballot is conducted among workers to decide if they want their rights represented by a trade union.

For a trade union to be recognised as the workers’ representative for a collective agreement, they need to receive a minimum of 50 percent plus one vote of all workers in the factory.

Failing to meet this requirement means the trade union must wait six months before holding another voting process for recognition.

In the meantime, Zaimi shared that the two MNCs have shown interest in setting up an in-house union.

Zaimi said the trade union's ability to represent workers in a factory fell on the success or failure to meet this requirement, which was a tall task.

“It should be a minimum of 50 percent plus one vote of those who voted that day, just like how the general elections for a government are tabulated.

“Not 50 percent of the total number of workers in the factory because many do not turn out to vote out of fear”, he lamented.

Reiterating his past calls for this tabulating format to be reviewed, Zaimi added that the current tabulation gave employers the upper hand because they did not need to prove that workers did not want the trade union representation.

According to the Department of Trade Union Affairs, only 5.8 percent of the Malaysian workforce is represented by 767 trade unions nationwide.

Not migrant worker-friendly

Zaimi also explained that the secret ballots were not migrant worker-friendly.

“The ballots are in Bahasa Malaysia, and they don't understand the process or even where to mark their choice.

“The whole secret ballot system needs to be amended so the rights of workers are not trampled,” he said. - Mkini