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The union described Fong’s remarks as false, misleading and an ‘unlawful act of intimidation’ against its members.
<p><img src="images/news/2007/11568.jpg" width="85" height="90" align="left">Nube’s
general secretary J Solomon said Fong (photo) had also defamed the union by
implying that it was encouraging ‘illegal actions’ in picketing for
higher wages, bonus, and a cost of living allowance (Cola).</p>
<p>The report was filed yesterday at the Brickfields police station in Kuala Lumpur,
a day after a local Malay daily carried a report on the squabbling between Fong
and Nube over the picketing issue.</p>
<p>From Sept 11 until Oct 9, Nube members have conducted pickets in several states
throughout the country to express their dissatisfaction against bank managements
for refusing to increase bank employees’ benefits.</p>
<p>While the Malaysian Commercial Banks Association (MCBA) has agreed to a 30
percent increase in wages, the association seeks to discontinue the two months’
contractual bonus and exclude the Cola.</p>
<p>Nube claimed this would mean that bank employees’ salaries after adjustments
would increase by only about 13 percent.</p>
<p>Following the breakdown of Nube-MCBA talks late last month, Fong referred the
dispute to the Industrial Court.</p>
<p>In the report in Berita Mingguan, Fong was quoted as having said: “In
the present circumstances, after the case has been referred to court, the police
can take action against anybody who conducts pickets, because that contravenes
the laws.”</p>
<p>“(Nube members) have to await the decision of the Industrial Court,”
he added.</p>
<p><b><font color="800000">Picketing different from strike</font></b></p>
<p><img src="images/news/2007/7802.jpg" width="150" height="220" align="left">When
contacted yesterday, Solomon (photo) blasted Fong for the allegedly defamatory,
inaccurate, and misleading statements and claimed Fong was attempting to intimidate
workers against exercising their right to picket and freedom of expression.</p>
<p>There is nothing in the Industrial Relations Act 1967 that barred union members
from picketing even after a trade dispute has been referred to the Industrial
Court, said Solomon.</p>
<p>Section 44 of the Act only prevents the conduct of strikes and lockouts after
a dispute has been referred to the Industrial Court. Picketing, as clearly defined
under Section 40 of the Act, is not a strike or a lockout, he added.</p>
<p>Solomon also asserted picketing as a basic right of trade unions and as part
and parcel of citizens’ freedom of association and assembly as guaranteed
by the Federal Constitution.</p>
<p>“It’s open to doubt whether Fong has done it unknowingly or deliberately
sought to confuse the public by manipulating the law and intimidating bank employees
from picketing,” said Solomon.</p>
<p>He also expressed suspicion about Fong’s ‘efficiency’ in referring
the trade dispute to the Industrial Court given the minister’s record of
taking between two to three years in the event of a breakdown in conciliation
talks between parties to a dispute.</p>
<p>Without waiting to exhaust efforts in affecting a conciliation between MCBA
and Nube, Fong has resorted to a measure usually taken after all other efforts
have failed, said Solomon.</p>
<p>“The speed at which he has done this raises questions (as to his impartiality),
because Fong is supposed to be fair to both workers and employers, not lopsided,”
he added.</p>
<p>Solomon also said Nube is in consultation with its lawyers on what legal action,
if any, will be taken against Fong.</p>
<p><b><font color="800000">High remuneration</font></b></p>
<p>In calling for the raise in bank employees’ wages, Nube said the profits
of the banks in the country as well as the remuneration of bank chief executive
officers or managing directors prove the hard work and contributions put in
by employees.</p>
<p>In its campaign leaflets on the matter, Nube – which represents about 30,000
non-clerical, clerical and special grade clerical bank workers – compared the
income of banks’ CEOs and managing directors to that of bank employees
who are Nube members.</p>
<p>On average, Nube members earn about RM1,200 monthly.</p>
<p><img src="images/news/2007/25083.gif" width="306" height="256" align="left">Nube
pointed out that in several instances, a 30 percent wage adjustment of all of
a bank’s employees who are Nube members is still less in terms of the bank’s
overall profits than the share of the bank’s CEO or managing director’s
income as a percentage of the bank’s overall profits.</p>
<p>“Affin Bank’s net profit for the year 2006 is RM159, 024,000 and
the CEO/MD’s salary for the year 2006 is RM4, 487,000.00. In terms of percentage,
the salary paid to CEO/MD amounts to 2.82 percent f the banks profit,”
reads one campaign leaflet..</p>
<p>“In comparison, there are 804 NUBE members in Affin Bank with an average
wage of RM1200 per month. The 30 percent salary adjustment proposed by NUBE
will cost the bank RM3,473,280 for the entire 804 members. In terms of percentage,
the salary adjustment of 30 percent will amount to 2.18 percent of the bank’s
profit.”</p>
<p><i>Source: http://www.malaysiakini.com/news/73882</i>
Address: Wisma MTUC,10-5, Jalan USJ 9/5T, 47620 Subang Jaya,Selangor | Tel: 03-80242953 | Fax: 03-80243225 | Email: sgmtuc@gmail.com.com