TRADE UNIONS LEADERSHIP - ISSUES AND CHALLENGE
TRADE
UNIONS LEADERSHIP – ISSUES AND CHALLENGES
1.
INTRODUCTION
There are many perceptions given to trade union depends on the perspective
of the persons who looks in the issues the trade unions are facing. Government,
employers, public and political parties may have different perceptions towards
trade unions.
Trade Union is defined under section 2 of Trade Unions Act 1959 as any
association or combination of workmen or employers, being workmen whose place of
work is in Peninsular Malaysia, Sabah or Sarawak, as the case may be, or
employers employing workmen in Peninsular Malaysia, Sabah or Sarawak, as the
case may be—
(a) within any
particular establishment, trade, occupation or industry or within any similar
trades, occupations or industries;
(b) whether
temporary or permanent; and
(c) having among
its objects one or more of the following objects:
(i) the regulation of
relations between workmen and employers for the purposes of promoting good industrial relations between workmen and
employers, improving the working conditions of
workmen or enhancing their
economic and social status, or increasing productivity;
(ia) the regulation of relations between workmen and workmen, or
between employers and employers;
(ii) the representation of
either workmen or employers in trade disputes;
(iiA) the conducting of, or
dealing with, trade disputes and matters related thereto; or
(iii) the promotion or
organization or financing of strikes or lock-outs in any trade or industry
or the provision of pay or other
benefits for its members during a strike or lock-out;
Leader of a trade union is elected from its members, however,
depends on the qualifications of the person to be elected as officers.
The qualification of the officers of trade unions is provided under
section 28 of the Trade Unions Act 1959.
28. (1) A person
shall not act as a member of the executive of a trade union or any branch
thereof, or of any federation of trade unions, and shall be disqualified for election
as such member, if—
(a) he is not a
citizen of the Federation;
(b) he has not been
engaged or employed for a period of at least one year in any establishment,
trade, occupation or industry with which the trade union or federation is
connected;
(c) he has been a
member of the executive of any trade union the registration of which has been
cancelled or withdrawn under subparagraph 15(1)(b)(iv), (v) or (vi) or
under any law repealed by this Act;
(c1) he is
an office-bearer or employee of a political party;
(d) he has been
convicted by any court of law of criminal breach of trust, extortion or
intimidation, or of any offence which in the opinion of the Director General
renders him unfit to be an officer of a trade union; or
(e) he is a
bankrupt:
2.
HISTORICAL BACKGROUND
Organisations functioning as unions first emerged in 1920 with the
development of estates and tin mines. From 1920s onwards, the Communist Party
of Malaysia deliberately set out to develop the labor movement, and thus, it
encouraged unskilled to unionise. The next step took by the government to
separate the communist influence in the trade union and also any political
influence resulted the union movement purely fight for the workers’ conditions
improvement. The legislation of Trade Unions Act 1959 is the utmost step to
control trade unions and to prevent political party influencing trade unions or
to prevent union to give assistance to political party. However, the strength
of trade unions in Malaysia is very weak. In 1983, only 15% of workers are
unionized and now not more than 10% are unionized. The reasons may be:
i.
The
incompetence of the labour leader
ii.
The
hostility of employers to union
iii.
Government
policies the legislation relating to unions
Fortunately,
Malaysia born some influenced leaders of trade unions. The name as PP Narayanan
and Dato’ Zainal Rampak are very familiar with trade union in Malaysia and
international level.
3.
THE LEADERS AND THEIR LEADERSHIP
Leadership may be defined as a position of power held by an
individual in a group, which provides him with an opportunity to exercise
interpersonal influence on the group members for mobilising and directing their
efforts towards certain goals. The leader, at the centre of a group's power
structure, keeps the group together, infuses life into it, moves it towards its
goals and maintains its momentum. He may emerge in a group by virtue of his
personality characteristics and qualities or by virtue of common consent by
group members.
Leadership is an influence process. The leader is in a position to
shape, regulate control and change the attitudes, behaviour and performance of
his group members. In a group, leader and his followers play the roles expected
of them and thereby seek to justify their respective positions
The leadership challenge
In practising as leaders they faced many
challenges. Among of the challenges are:
1. Employers’ response against unions
There are two problems arise here. Firstly
regarding the intention of the employee to join the union. Employees join union
for certain reasons: to improve their economic situation, to ensure their
rights are protected and for social reasons. Rights to form and join trade
union was established under section 5 of Industrial Relations Act. However,
under section 7 of the Act workers could not be forced to join trade union.
Thats mean the worker who joins union done volutarily. This is a challenge to
union leaders to persuade the workers to join in the union.
Secondly, the issue of loyalty of the workers
to the employers. Loyalty to the employers will give effects to the union’s
membership. The aim of working is to earn income for their life but sometimes
they had to choose a better employer which can give their better life in the
context of payment, safe and comfortable workpalce and dependacy to their job.
Unions is formed according to the ‘same industry’ and if the worker move other
industry means their membership will be cancelled. The matter becomes a serious
effect when the company restructure their business by forms of outsourcing, mergers &
acquisitions, right-sizing and downsizing
The trend will affect the activity of unions
and becomes one the challenege of the leaders should face.
2. Unions’ fund is not enough to cary on
unions’ activities
Unions could collect money from their members
as an entrace fee and monthly subscription. Section 50 of the Industrial
Relations Act provides that the fund may be expended for the following objects:
(a) the payment of
salaries, allowances and expenses to officers and employees of the trade union;
(b) the payment of
costs and expenses of the administration of the trade union including audit of
the account of the funds of the trade union;
(c) the prosecution
or defence of any legal proceeding to which the trade union or any member
thereof is a party, when such prosecution or defence is undertaken for the
purpose of securing or protecting any right of the trade union as such or any
right arising out of the relations of any member with his employer, or with a
person whom the member employs;
(d) the expenses
incurred in the settlement of disputes under Part VI;
(e) the conduct of
trade disputes on behalf of the trade union or any member thereof provided that
such trade disputes do not contravene this Act or any other written law;
(f) the
compensation of members for loss arising out of trade disputes involving such
members provided that such trade disputes do not contravene this Act or any
other written law;
(g) allowances to
members or their dependants on account of death, old age, sickness, accidents
or unemployment of such members;
(h) the payment of
fees in respect of affiliation with, or membership of, any federation of trade
unions registered under Part XII, or any consultative or similar body in
respect of which permission has been given by the Director General under
subsection 76A(1) or the Director General has been notified under subsection
76A(2);
(i) the payment of—
(i) all train fares, other essential transport expenses, cost of
board and lodging, supported by vouchers, or such amounts as are laid down by
the union;
(ii) the amount of actual wages lost by representatives of trade
unions attending meetings connected with or related to the promotion of industrial
relations or attending to any matters as required by the Director General in
relation to this Act or any regulations;
(iii) expenditure for the purpose of the establishment or
maintenance of a federation of trade unions registered under Part XII, or a
consultative or similar body in respect of which permission has been given by
the Director General under subsection 76A(1) or the Director General has been
notified under subsection 76A(2);
(j) the editing,
printing, publication and circulation of any journal, magazine, news sheet or
other printed literature published by the registered trade union for the
advancement of its objects or the promotion of the interests of the members in
accordance with its registered objects and rules;
(k) the conduct of
social, sporting, educational and charitable activities of the members;
(l) the payment of
premia to insurance companies registered in Malaysia as may from time to time
be approved by the Director General.
Based on the above provision, there are many activities could be
done by unions for the interest of union members, however, unions fund only
depends on the membership fee and subscription of the members. MTUC as an
association for all trade unions in Malaysia also had received the effect of
the lack of money in the unions’ fund. The utmost effect was the sale of their headquarters
office in Petaling Jaya. The reason behind this sale is less contribution from
union to MTUC and like a chain the problem started from lack of money in the
unions’ fund. Unions could not play well in carrying their objectives because
of this situation and can be a reason why workers not to join the unions. This
is one of the challenge suffered by the leaders of union.
3. Association Problem Among Unions
MTUC is an association which represents the
union workers in Malaysia. However, the unions may not sometimes agree with the
leaders of MTUC. In 1982, five of the bigger unions disaffiliated from MTUC and
then followed by NUBE (National Union of
Bank Employee). In 1998 there was a major disgareement between CUEPACS which
represent union in the public sector. In 1994 again the disagreement apperaed
in the issue who should represents Malaysia to the international labour
Organisation. In 1989, Malaysia labour Organization was formed to be competitor
of MTUC. The series of confrontations and disgareement among union leaders is a
challenge to union leaders in achieving union onjectives. MLO and MTUC finally
merged in 1996.
The lesson from those confrontation is the leadership style of the union
leaders. They should have Competence Leadership – should be dynamic, innovative and have
strong sense of direction (i.e. forward looking for the future of the union). The
Union should has more Public Relations (PR)
to publicize the positive things that Unions do for employees and for
society as a whole. Misunderstanding exists when lack of communication.
4. Legislative framework
Even the rights to forms and join unios was
conferred under Indsutrial Relations Act , the union must register the union
with Department of Trade Union. Te power to accept or to reject the
registration fully vested on the hand of Director General of Trade Unions.
Thats means the registration is not automatically. This is the first challenge
to the leadership in forming the union. Another problem wil be a quite tough
challenge for the leaders of unio is to get recognition from the employer. The
leaders should make a claim of recognition to the employer, and within a period
of 21 days the employer must reply to the claim. If the employer refuse to
grant recognition, the union leaders shoul report the matter into Director
general of Trade Unions within 14 days for the Director general to take actions
in granting recognitions. The situation is a big challenge to the leaders of
the union. There are other legislative framework that are the challenges of the
leaders such as in striking which is very procedural.
4.
CONCLUSION
There others challenge in the leadership as in the effect of
globalization and new technology. The internet era may a challenge to the
leadership. In Malaysia, we also face the problem immigrant workers and they are
prevented to join unions. But in fact we have to protect their rights. We also
have another challenge to agree with Y generation. They are knowledge workers
and typically not interested in trade union. Failure to unionise them, may affect
the movement of the trade unions in future. The approach by the companies
especially GLC to use Human resources steps by providing better satisfaction
workplace also a challenge to the leaders of trade union.
TRADE UNIONS LEADERSHIP - ISSUES AND CHALLENGE
Reviewed by Kamaruddin Mahmood
on
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