The National Union of Bank Employees (NUBE) saga with the government continues today with the union insisting that the director-general of trade union (DGTU) has the power to call for fresh elections.

Reiterating the union's earlier stand, NUBE president Abdul Jalil Hamid said the power is accorded under the Trade Union Act 1959.

"(The) legal opinion sought by us confirms that he (Zulkifly) in fact has the power to direct for such an election by applying Section 4(A) in conjunction with Section 41(2) of the Act," he said in a statement.

"We wonder why the DGTU is reluctant to abide by the wishes of the majority of NUBE members and trade union leaders in the country to do what he is legally and morally obliged to do."

Ministry, DGTU blamed

The union's statement today was in response to the recent about-turn by DGTU Zulkifly Abdullah who claimed he was not empowered to call for fresh elections. The union also responded to Human Resources Minister Dr Fong Chan Onn's remarks yesterday on the dispute.

When contacted for elaboration, Abdul Jalil said the ministry and the DGTU are to be blamed for the mess the NUBE is in today.

He said the ensuing split within the NUBE leadership, caused by inaction and past errors, was the sole creation of the Human Resources Ministry and the DGTU.

"The former DGTU's biggest mistake was to endorse the other line-up despite a court order declaring that J Solomon is to be reinstated as general secretary.

"That is the core of the problem facing the union now. The statements made by the minister (Fong) is not helping any party either," he said.

"If he (Fong) had genuinely tried to resolve this matter at the beginning (back in 2001), we would not find ourselves in this mess today," he charged.

Yesterday, Fong announced the setting up of a special three-member team tasked with a final try to resolve the NUBE issue by calling both groups to a roundtable talk.

The minister also hinted at a possible de-registration of the union if the last-ditch attempt fails. He also blamed both factions for being unable to reach a mutual agreement on a fresh election.

Zulkifly's actions

In clarifying Fong's remarks, Abdul Jalil said Zulkifly was the one who, when he first took office in January this year, had insisted that they (Abdul Jalil's group) agree to a fresh election.

Acting on the suggestion, he said the union sent a written proposal on April 4 and May 5, which was also to voice out the agreement by the majority of members who wanted a legitimate leadership.

In July, Abdul Jalil's group again declared a willingness to have a re-election, but on condition that Zulkifly endorses the line-up submitted after last year's elections.

"However, for some reason best known to him, (Zulkifly) had retracted his stand after three months by declaring he had no powers to conduct fresh elections, and after sitting on the matter without responding to (our follow-up) letters."

Abdul Jalil said it was Zulkifly's act of shifting his position and policy with regards the NUBE matter that was the stumbling block in resolving the impasse.

"While we welcome Fong's statements on the roundtable talk, we are unhappy to note that the DGTU is also on the special team."

He said the union was concerned over Zulkifly's "attitude (against the NUBE issue), his conduct and his (alleged) abuse of power", among other things.

He suggested that, if Fong was serious about the roundtable talk and a meaningful resolution, the special team should comprise "independent personalities or officials" who have never been involved in the NUBE case before.

Maintains stand

Contacted in Sabah today, Zulkifly maintained his stand about having no powers to convene a fresh election.

"I will abide by what my predecessor has decided and continue my efforts to resolve the matter, no matter how," he said.

On the agreement by Abdul Jalil's group for a re-election, he said it should be "unconditional". Fong made similar remarks when speaking to reporters after the ministry's post-cabinet briefing yesterday.

Zulkifly said that he was also studying the NUBE constitution to see if there were any loopholes or provisions that could help settle the dispute for good.

Last Thursday, the Department of Trade Union Affairs lodged a police report against the NUBE for alleged discrepancies in its accounts which was revealed following an external audit report by the ministry.

On Tuesday, the NUBE filed a report with the Anti-Corruption Agency against Zulkifly for alleged negligence and abuse of power.

The union has been bogged down with infighting since late 2001, when Solomon's sudden removal from office set the stage for a protracted power struggle.