We are all aware of the fact the National Union of Bank Employees (NUBE) leadership has been embroiled in a leadership crisis in the last two years. Naturally, all this is at the expense of the general membership. The warring factions do not even want to compromise for the sake of their members.

The union has strained relations with Bumiputera Commerce Bank (BCB), and now its members are picketing. For unlawful picketing, 15 employees have been suspended in batches commencing Oct 28, 2003. The law on picketing is quite clear. Members of the Union can only picket "at or near the place of employment", meaning you cannot picket inside the premises of BCB as that is tantamount to trespass.

For a lawful picket, the employees have to be in front of the bank which is a road for movement of traffic. Certainly those picketing will obstruct the traffic. So where did the picketing take place, inside the employer's premises? For any illegal picketing the employees are liable to penalty after due process, which may include dismissal.

Union leaders must know where their right begins and ends. During working hours, union leaders are employees and must wear that hat. It is only after working hours they are union leaders and they wear that hat.

The time has arrived for union leaders to grow up and not use 20th century tactics to resolve 21st century issues and problems. Picketing and work-to-rule will not get them anywhere, instead they should be more conciliatory in their approach and discuss issues with their employers with intellect.

How can BCB remove benefits arbitrarily? BCB is only dutybound to honour benefits that have been agreed to mutually in the collective agreement which expired on Dec 31, 2002.

Demand for what is rightly yours. If the bank violates the provisions of the collective agreement, seek redress under the relevant provisions of the Industrial Relations Act 1967.

NUBE's other source of irritation with the bank is over the 'outsourcing' of the backend operations. There is a dearth of authorities that gives employers the right to manage its business in any manner it deems fit and necessary.

Employers have to run their business in a cost effective manner and lessons can be learnt from countries like USA, EU and Australia, where outsourcing has been practised for the last two decades. Change is the only constant in the face of global competition. But are union leaders prepared for change?

Outsourcing is here to stay. So why picket? Union leaders should not hoodwink their members to outsource; instead they should accept realities and make their members understand that they have to accept change for survival and operational efficiency. If BCB has violated Bafia 1989, there are relevant authorities who will take action without NUBE's prompting.

NUBE should devote its energies to resolving their leadership crisis and not let members suffer. The collective agreement would have expired exactly one year by Dec 31, 2003. NUBE should not externalise its problems and divert its attention from the real issues.

What is the locus standi of union leaders, including its executive council to embark on industrial action when the leadership has no authority to act constitutionally? Aren't the current feuding leaders from both the camps without legal authority to act as leaders?