Malaysian Trades Union Congress (MTUC) president Syed Shahir Syed Mohamud urged the Human Resources Ministry to be more sensitive to national unions when assessing new applications for in-house unions.

Expressing regret over the ministry's approval of an in-house union for clerical staff and non-clerical staff within AmFinance Bhd, he said the ministry should try to seek the views of existing national unions as this would help maintain industrial harmony.

"In the past, it was the practice for the registration office to contact the existing union if there is an application to establish a new one. Of course they are not legally obliged to consult us but because they did, industrial harmony has been maintained," he said.

He said this after submitting a memorandum - on behalf of National Union of Banking Employees (NUBE) members in AmBank Bhd - to bank chairperson Azman Hashim.

Azman was urged to take action against a series of union-busting moves, including the establishment of the in-house union known as Kesatuan Perkerja-Pekerja AmFinance Bhd (KEPPA)

At least 200 NUBE members were present at the AmBank headquarters along Jalan Raja Chulan, Kuala Lumpur. The memorandum was received by the chairperson's private secretary.

A merger due next month will see AmBank being absorbed byAmFinance, thereby forcing its NUBE members to consider in-house membership instead

NUBE's legal right

Syed Shahir said the ministry should not have approved the registration of KEPPA when NUBE has been in existence for years and has the legal right to represent all clerical and non-clerical employees in banking and financial institutions in Malaysia.

"In our view, there is no need for another trade union. It serves no purpose, and only divides the employees within the organisation. Since NUBE is already in existence all employees in AmBank and AmFinance should be encouraged to join it. The establishment of a second union would only force for the workers to choose between the two," he noted.

However, he said this view should not be misconstrued as being against the establishment of new unions.

"The point we are stressing here is: why create another one when there is one capable of protecting every employee under its scope? This is why we do not want any interference from the management or from anyone with interest in the registration of the new union.

"We do not want any hidden agenda attached to the registration of the new union. But if there is a hidden agenda, that would be unfortunate because in the long run it is the workers who will suffer."

On the memorandum, Syed Shahir said NUBE members were favourable to an amicable settlement with the management with whom they had shared a good relationship prior to some changes in the human resources department.

"We hope that the management will be willing to hold a dialogue with us so that we would forward our views on why we disagree with the events that have taken place here," he added.

He also said that taking the dispute to the industrial court would be a last resort.

"We don't want to take court action, at least not yet. At this point we are saying 'don't deny the workers' rights'. Of course as workers we can take industrial court action but at this point we feel it is inappropriate to do so as there is still space for dialogues and discussions.

"But if all these don't work then we have no choice. In the end if workers are cornered they have no choice but to fight."

He said NUBE has filed an official complaint with the ministry against the legality of KEPPA but to date has received no response.

The six-page memorandum - signed by more than 140 NUBE members in AmBank- alleged that the anti-union busting movement was motivated by personnel in the human resources department.

"Due to the discrimination, injustice and anti-union activities which have increased of late, we are concerned about our fate once the merger of AmBank and AmFinance is realised," it read.

Also highlighted in the memorandum was the manager's alleged bad track record in banking industrial relations.

Among others, the employees requested:

1.The termination of the manager's contract or his transfer to departments which do not involve clerical and non-clerical employees

2. A stop to the anti-union activities

3. Nullify the recognition of KEPPA