It is shocking to hear that the National airline Malaysia Airlines (MAS) has suspended the president of
the National Union of Flight Attendants Malaysia (NUFAM), Ismail
Nasaruddin, for a statement he made to the media against MAS chief
executive officer Ahmad Jauhari Yahya, pending a domestic inquiry.
Any
Union representing workers have the right for better worker rights and
benefits for its members, and criticising the employer company, the
companies management or its CEO is not wrong. After all, the primary
tool that any worker union has in its struggle on behalf of the workers
is to 'pressurize' the employer company into doing the needful. That is
essentially what workers and their unions do through pickets, making
public statements, issuing and sending memorandums, etc.., noting that
all these are public actions, a strategy that some calls as 'name and
shame' actions.
The
other option available is to go on strike - i.e. the workers do not go
to work until the employer is compelled to negotiate or move from their
'hard position' and accommodate to some/all worker/Union demands.
Public pressure and economic pressure is the main tools that workers have to get better rights/benefits and working conditions.
In
this case, based on the news report below, the Union sees the current
CEO as being the stumbling block and so what is wrong if the ask on MAS
to sack the said CEO. But wait, they in fact did not ask MAS to sack the
said CEO, but asked only that CEO resigns. A good strategy because it
allows for escalation later on if this strategy fails to achieve the
desired object, i.e. the calling of MAS to sack this CEO. Maybe later,
they may have adopted even more stronger strategies...the final maybe
going for an all out strike.
What does NUFAM want?
'... unhappy that there has been no changes in resolving the cabin crew's problems...' The management have cut costs drastically on the cabin crew and did not bother to review their allowances and salaries - '...changes, which are drastic and being implemented within short notice, are affecting the welfare and safety of MAS' cabin crew. They include weight control rules, transport services and vigorous work schedules....' and this CEO(appointed in 2011) has allegedly had the time to do so but have not...
Now, I believe that these are legitimate worker issues, concerns and demands...
Most disturbing is that alleged new rule/policy which is gender bias and/or is insensitive
One of the latest new policies imposed by MAS is a weight control ruling where cabin crew are told to reduce their weight to achieve a certain body mass index within three to six months. Failure to do so would result in an automatic transfer to ground work.
The new rule is also a blanket policy and affects all cabin crew members including those who have just returned from maternity leave and may find it difficult to drastically lose weight within a short time frame.
Remember
worker members of the UNION would also ask Union president or officers
to resign if they are seen to be not fighting for the betterment of the
union members - in fact, in a Union, they can get rid of such
ineffective leaders by voting them out...or even calling for an EGM/AGM
or an appropriate meeting and passing a vote of no confidence. Certainly
it will be wrong a UNION or the Union president or officers to respond
by just sacking or getting rid of such a member... This recently
happened in MTUC.
Now,
what NUFAM wants as a step forward towards resolution of these issues
is for MAS to sit down with NUFAM (a registered and recognized Trade
Union) and negotiate and work out the Collective Bargaining Agreement
(the CA)
But,
MAS is delaying this process citing as a reason some judicial
review...(that means MAS unhappy with some decision of the Minister
wants to apply to court to review that decision)
Nufam also wants MAS management to start immediate negotiations on a new collective agreement (CA) with the cabin crew, saying it is causing more problems with each delay.
Nufam had received an email from MAS management on Oct 30, 2013, rejecting the union's call to start discussions on a CA for Nufam members, citing the judiciary review as its reason.
Making
all kinds of objections and applications to the Director General of
Trade Union (or Director General of Industrial Relations), and then
appealing to the Minister against that decision... And thereafter filing
for judicial review of the Minister's decision that favoured the Union
in the High Court, and if the High Court is still against the company,
filing an Appeal to the Court of Appeal, and maybe even after that to
the Federal Court is all strategies employed by EMPLOYERS (generally
Bad employers, in my opinion) to stifle worker and trade union rights.
All these strategies only delays even further worker suffering and
grievances...and it can take years. Remember that this also was the strategy used by RENESAS in delaying the recognition of Trade Union.
The other strategy that some bad employers would use is by terminating Union and worker leaders - again, this happened in the RENESAS case. Get
rid of the strong leaders, and it will weaken the Union and demoralize
the rest of worker union members...maybe even stop the demands for
better rights and working conditions.
Hence, the suspension of the
president of the National Union of Flight Attendants Malaysia (Nufam),
Ismail Nasaruddin, pending a domestic inquiry, is wrong and can be
construed as a 'union busting action'.
Ismail was suspended without allowances with immediate effect starting Nov 8 following a news report quoting him that was published on the same day.
We
do not have sight of the actual charges being levied against Ismail,
but possibly he would be terminated. Problem is that even if he lodges a
complaint in the Industrial Relations Department claiming wrongful
dismissal, which after conciliation attempts fail and the matter is
referred to the Minister who then can or will not refer the matter to
the Industrial Court. Even if referred to the Industrial Court, who at
the end of the day finds that Ismail had been wrongfully dismissed, most
probably Ismail will not be reinstated but will only get some
compensation in lieu of reinstatement. The company will WIN in that it
has successfully gotten rid of the Union and worker leader, and the
Union and worker loses.
MAS
is a Government-Linked Company (GLC), and the government also owns a
substantial portion of MAS and has great influence of what MAS does or
does not do.
The
right thing to do, in my opinion, is to discontinue disciplinary
proceedings against the Union president, discontinue the suspension and
immediately proceed to sit down and start working out the Collective
Bargaining Agreement(CA/CBA) between the Union and MAS. This would
hopefully resolve all grievances, and MAS and Malaysia would come out as
entities and government that promote and respect worker and trade union
rights.
What
happens here will impact not just the image of MAS, but also the
Barisan Nasional government of Malaysia and its Prime Minister Najib Tun
Razak.
See
below, the November 8 report that appeared in Sun Daily(possibly the
one that is used by MAS for commencing disciplinary action against
Ismail), and also the Malaysiakini report that came out on 14/11/2013
Nufam calls for resignation of MAS' CEO
Posted on 8 November 2013 - 05:38am
Eva Yeong
sunbiz@thesundaily.com
PETALING JAYA (Nov 8, 2013): The National
Union of Flight Attendants Malaysia (Nufam), which represents 3,500
cabin crew at Malaysia Airlines (MAS), has called on the national
carrier's CEO Ahmad Jauhari Yahya to resign, saying he had failed to
resolve their plight since he took over the helm in September 2011.
In a statement yesterday, Nufam Secretariat said it is calling on the
prime minister to review Jauhari's contract and remove him as the CEO
of MAS, which is a government appointed position, unhappy that there has
been no changes in resolving the cabin crew's problems and they are
have become demoralised.
"Three years is long enough to observe how a CEO of a GLC
(government-linked company) takes seriousness and consideration into the
cabin crew's issues," it said.
"The management have cut costs drastically on the cabin crew and did
not bother to review their allowances and salaries," it further claimed.
Nufam also wants MAS management to start immediate negotiations on a
new collective agreement (CA) with the cabin crew, saying it is causing
more problems with each delay.
Nufam had received an email from MAS management on Oct 30, 2013,
rejecting the union's call to start discussions on a CA for Nufam
members, citing the judiciary review as its reason.
The union also urged MAS' biggest trade union, Malaysia Airlines
System Employees Union Peninsular Malaysia (Maseu) to "stop playing
dirty politics", alleging that the latter had played a part in causing
the cabin crew's problems of today.
"Maseu (cabin crew) members wants to leave the union and they must be
allowed to do so. No one should stop the members from tendering their
memberships in Maseu," said Nufam.
In an interview with SunBiz, Nufam president Ismail Nasaruddin (pix) said while it has been perceived as a glamorous job, being paid to travel, but for MAS cabin crew, the job has become increasingly challenging with the drastic changes being implemented by its management.
He said the changes, which are drastic and being implemented within short notice, are affecting the welfare and safety of MAS' cabin crew. They include weight control rules, transport services and vigorous work schedules.
"They (MAS management) said they had discussed with Maseu before putting these changes into the CA, but the discussions are behind Nufam's back," said Ismail.
One of the latest new policies imposed by MAS is a weight control ruling where cabin crew are told to reduce their weight to achieve a certain body mass index within three to six months. Failure to do so would result in an automatic transfer to ground work.
The new rule is also a blanket policy and affects all cabin crew members including those who have just returned from maternity leave and may find it difficult to drastically lose weight within a short time frame.
"It was not done in fairness and is a form of discrimination against employees. This is also the first time they are picking on this (weight control) issue," said Ismail.
He added that in the past, the management would advise those who are above a certain BMI and give them time to adjust their weight or offer them the option of transferring to ground operations instead of an automatic deployment.
Another new ruling is the change in transport services for employees who are on duty.
Due to "changes in the agreement between MAS and the transport company", cabin crew who joined in 2004 or later are no longer able to enjoy the transport services provided by the airline for pick-up from home.
Ismail said this is unfair to those who joined in 2004 or later, as they had signed contracts that included transportation as part of the benefits.
In addition, work schedules have become more vigorous for the cabin crew as there are more flight hours and less off days in between flights, while some are required to work on international flights immediately after completing a domestic flight.
Despite reports to the Department of Civil Aviation (DCA), things have remained the same as the authority has said that MAS practices a fair system in scheduling its cabin crew members.
"The crew are overworked according to schedules and Nufam has raised these concerns with MAS. These are fatigue issues concerning the safety and welfare of employees…we request the DCA to monitor the work schedules of cabin crew," he added.
"Nufam wants the airline to straighten out their policies. All these policies concerning cabin crew must be regulated. The welfare and safety of the cabin crew must be looked into by the government," said Ismail.
At press time, MAS did not reply to queries from SunBiz. - The Sun Daily, 8/11/2013, Nufam calls for resignation of MAS' CEO
MAS suspends Nufam president
Posted on 14 November 2013 - 05:37am
PETALING JAYA (Nov 14, 2013): Malaysia
Airlines (MAS) has suspended its chief steward Ismail Nasaruddin from
all flying duties indefinitely after the president of the National Union
of Flight Attendants Malaysia (Nufam) made a press statement against
the national airline.
In a statement yesterday, Nufam Secretariat said Ismail's suspension was pending an investigation into the matter.
The union has notified the Human Resources Ministry of the suspension of its president.
"A memorandum was delivered to the Minister of Human Resources
yesterday (Tuesday) calling on him to intervene immediately," it added.
Nufam had on Oct 7, 2013 called on MAS CEO Ahmad Jauhari Yahya to resign, saying he had failed to resolve their plight since he took over the helm in September 2011.
Nufam Secretariat said the suspension against union officers is an act against the ILO Convention 87 "rights to allow freedom of association" and also under the clauses of the Industrial Relations Act 1967 Section 59, which states no union officials are to be threatened or be made victimised while serving in a union.
"We want the Minister of Law to ensure the safety of every union leaders in this country us safe from being terrorised by companies and they deserve to be protected by the government," it added, saying that there is a need to review the Trade Union laws in the country.
"Union leaders are not protected in this country unlike those in other countries. There is also a need to understand the Trade Union's objectives. Every union leader represents the workers' problems and Nufam represents the voice of cabin crew workers.
It added that MAS should be able to accept criticism from the union over their short comings and not react against it in such a manner.
Nufam Secretariat also said it will continue to file discriminatory charges against MAS to the Ministry of Human Resources and raise all cabin crew matters in order to preserve the rights of cabin crew workers with MAS.
The union is expected to convene a press conference tomorrow. - The Sun Daily, 14/11/2011, MAS suspends Nufam president
MAS suspends chief steward for criticising CEO
Aidila Razak | 9:32AM Nov 14, 2013
National airline Malaysia Airlines (MAS) has suspended the president of the National Union of Flight Attendants Malaysia (Nufam), Ismail Nasaruddin, for a statement he made to the media against MAS chief executive officer Ahmad Jauhari Yahya, pending a domestic inquiry.
Ismail was suspended without allowances with immediate effect starting Nov 8 following a news report quoting him that was published on the same day.
In a Nov 11 show cause letter sighted by Malaysiakini, MAS said Ismail had acted in contradiction with his duties as a chief steward of the airline by issuing the statement.
The letter also cited a SunBiz report in which Ismail calls for the removal of Ahmad Jauhari (left) as CEO for his alleged failure to attend to the welfare of the MAS cabin crew and engage in collective agreement negotiations with the union.
It said that although Ismail is the union president, he is first and foremost a MAS employee.
Meanwhile, Nufam said in a statement that a memorandum has been sent to the Human Resources Ministry seeking intervention in the matter.
The memorandum, among others, states that Ismail's statements to the press "have basis" and that MAS has refused to acknowledge the union despite Nufam's registration about a year ago.
Defending Ismail in the statement, the union secretariat said the suspension "is simply a case of victimisation" to ease off "pressure made by Nufam leaders on matters highlighted to the public".
"This is simply unacceptable and a display of union-busting by MAS," the secretariat said. "MAS is now further proving how they will use drastic measures against those who question them."
MAS breaking law?
The union added that the suspension went against Convention 87 of the International Labour Organisation (ILO), which allows freedom of association.
It also accused MAS of contravening section 59 of the Industrial Relations Act 1967, which states that no person can be threatened or victimised for serving in a trade union.
Nufam also called on the government to ensure the job security of all trade union leaders against the tyranny of corporations, particularly government-linked companies.
"Nufam will continue to raise all cabin crew matters in order to preserve the rights of these workers within MAS," it vowed. Malaysiakini has contacted MAS and is awaiting the national airline's response. - Malaysiakini, 14/11/2011, MAS suspends chief steward for criticising CEO
Sumber: Blog Charles Hector
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