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A host of tactics is often used to deny workers their right to collective bargaining by K
George (2004).
1) PROS AND CONS OF THE ISSUE
PROS
CONS
Unions application for recognition which was submitted was still pending and
employee can comply with bargaining strength, where it is known as dependent not only on
the union having sufficient members so that it can get recognition from the employer, but also
on its financial position. The more members a union has, the higher its monthly will be.
Unions which lack funds are less able to carry out the research necessary for collective
bargaining purposes. The economic situation and the level of unemployment in the industry
and the country normally would influence the position taken by a union during negotiations.
By this the unions need to protect the jobs of their members as much as trying to improve
their working condition.
Second, bargaining in Good Faith, the company must send to the bargaining
sessions management representatives who have the authority and the intention to sign an
agreement with the union. Both the union and the management must be willing to
compromise. Proposals and counter-proposals by both the union and the employer are not
acceptable to the other party in their original form. There will be several meetings over some
weeks, months before both parties can see some areas for agreement or compromise. Some
proposals have to be dropped as a trade-off for other concessions and collective bargaining
can be a tedious, tension-filled and long drawn-out process. Both parties need to
communicate and negotiate with an open mind and the intention to come to an agreement.
Third, bargaining climate is a major factor affecting the outcome of collective
bargaining which is the nature of the relationship between two parties, the union and the
company. A harmonious atmosphere is prevalent, where they will have an open mind and be
more willing to use a problem-solving approach to bargaining. But, there is some possibility
for some personal animosity between those at the negotiating table, that the bargaining
climate can be tense and unfriendly.
Thus, the procedures that got to be followed it should be based on where unions got
present with the written demands. At the first bargaining session, the unions got to explain its
demands and management present for the counter offer. Secondly, the bargaining session
continue. There is non- controversial items where the agreement is must reach must be clear
first. Thirdly, it got look into the bargaining over controversial items basically in terms of
economics. Fourthly, the agreement which is reached, must put in by writing and signature.
Fifthly, there be a breakdown in negotiations that will take place, where the parties will refuse
to continue with the negotiations. Sixthly, the conciliation meeting will be held to resolve the
dispute. Lastly, if there is no resolution, the dispute will be referred to Industrial Court for
Arbitration.
Therefore, the next issue is basically it got to look into the by increasing the
productivity is by treating the workers fairly and justly. Employer need to be sure that
management at all levels of an organization are being treated equally as partner of the
industry by respecting one another. When employees feel genuinely respected, theyre much
more likely to help a company to succeed. Respect can be a powerful motivator and simple,
but for unpleasant twin or lack of respect, it has the opposite effect.
Lastly, for the overall remedy based on this case on this issue the remedy that can be a
solution towards it is Malaysia labour laws must be subjected to drastic amendments.
Unwarranted conditions and restrictions imposed on the formation of trade unions should be
removed. Disputes over recognition must be resolved by balloting of the workers concerned.
There must be a time frame for settling disputes. Industrial Court awards should be made
available within six months. There is no need for the involvement of the minister in order to
refer a dispute to the court. If at all necessary, the minister may enter the scene only to use his
good offices to mediate and bring about a mutual settlement. The workers must have the right
to go on strike. This is their inalienable right in a democracy. Let not anybody forget that
during the period while on strike, the workers forgo their wages and undergo hardship and
suffering. That in itself is a great sacrifice.
REFERENCES
http://aliran.com/archives/monthly/2004b/7h.html
http://mylabourlaw.blogspot.my/