Bumiputera Commerce Bank Bhd (BCB) - which suspended 15 employees for participating in an alleged unlawful picket on Oct 21 - is reviewing the joint reply to the show-cause letters but declined to give a time-frame for reaching a decision.

The 15, who are National Union of Bank Employees (NUBE) members, had jointly replied the show-cause letters with counter-allegations that BCB violated certain regulations governing trade disputes.

Contacted today, BCB corporate services senior vice-president Bhupat Rai said the bank will allow the due process before reaching a decision on whether or not to take disciplinary action against the group.

"We're examining the responses now. I can't give a deadline because we need to study the replies but we would like to resolve this matter as soon as possible," he said.

"If they really believe that they have not breached any procedure and that they acted within the bounds of trade dispute rules, then they have nothing to fear because we recognise their rights," he added.

Employees' rights

Rai said the bank recognised the fact that the rules governing trade disputes also include the rights of employers.

"As long as employees conduct their picket or union action without disrupting the bank's operations, it's fine with us. It is their right," he added.

"We acted immediately because we felt there was breach at that time. But everyone must play by the same rules in recognition of the rights of the employee as well as the employer.

"At the end of the day, we have to protect bank's interest."

On Nov 21, the 15 staff sent a joint reply to BCB human resources senior vice-president Munira M Salinger on why they should be spared disciplinary action.

One of them is J Solomon, the general-secretary in the NUBE faction aligned to Abdul Jalil Hamid.

NUBE claimed that BCB had breached Sections 5(1) and 59(d), (e) of the Industrial Relations Act 1967 as well as certain provisions of the current collective agreement between the bank and the Malayan Commercial Banks' Association/NUBE.

The union also lodged a police report last week against a senior bank officer claiming a breach of

Section 59(d) and (e) which involves a threat to dismiss employees who are union members acting pursuant to a trade dispute.

If convicted of wrongful dismissal under this provision, the employer is liable for a maximum jail term of one year, or a maximum fine of RM2,000 or both.

Rai also denied the counter-allegations made by NUBE in its joint reply on behalf of the 15 members that BCB had violated certain regulations.

"We have no reason to violate any rule or law. We have a track record of being fair to our employees and have no need to victimise anyone or take issues with anyone."

He said the bank stood by its decision until it decides otherwise after examining the replies to the show-cause letters.