Ongoing preparations to elect a new leadership to lead the embattled National Union of Bank Employees (NUBE) may be derailed following allegations of unconstitutionality.

Some members are concerned with the way preparations are being made and the alleged lack of transparency in the run-up to the much-anticipated fresh polls.

Yesterday, Human Resources Ministry secretary-general P Manogran said eligible voters are members who were registered before October 29, 2001, the day general-secretary J Solomon ( photo ) was sacked, which sparked off a four-year court battle.

The membership status of those who had registered after that date would be determined later, he was quoted as saying in today's New Straits Times .

He said the list of 23,000 members will be updated by June-end to remove the names of dead members prior to fresh polls at the branch and executive council level scheduled between July and August.

Since 2001, the banking sector union, once known to be the richest and best-run trade union in the country, has been struggling to survive with each faction claiming to be the legitimate principal office-bearers.

The ministry's decision was agreed by the Malaysian Trades Union Congress (MTUC) following a two-hour consultation in Putrajaya yesterday morning.

Peace broking failed

Chaired by Manogran, the meeting was attended by MTUC president Syed Shahir Syed Mohamud and his secretary-general G Rajasekaran. Also present were the directors-general of trade union, labour and industrial relations.

In supporting the ministry's move, the NST quoted Syed Shahir urging NUBE members "not to question the decision" to ensure smooth elections.

The private sector umbrella union had previously played peace broker but failed to get the two NUBE factions to agree on a common ground in order to conduct a fresh poll.

Some members, upset over the choice of the pre-crisis membership list, felt that the ministry should instead consider the register preceding the banks' decision to stop the check-off facility for subscription payments in September 2002.

Contacted today, Rajasekaran said the preparation for the NUBE election was going in accordance with the union's constitution.

"Constitutionality of the election was our main concern too, which is why after asking a lot of questions we agreed with the ministry's explanation on why the pre-crisis list is constitutional.

"The particular date was taken because that was when the controversy or internal dispute started with both sides claiming to be the legitimate exco," he said.

"We did think of a date in September 2002 but the ministry rejected it on grounds that, by inference to the High Court ruling on both groups being unlawful, the exco was not legitimate."

He said this also affected the membership status of those who had joined the NUBE after the crisis began.

"Their status will remain uncertain until the new exco resolves it. The exco, together with the branch committee, form the approving authority on membership issues."

Openly and not biased

In a landmark decision on April 20, the Court of Appeal ordered the Director-General of Trade Union (DGTU) to conduct fresh polls to end the four-year impasse in determining the NUBE's legitimate leadership.

Rajasekaran said both he and Syed Shahir had also insisted that the ministry strictly follows the NUBE constitution.

"Our job is to ensure that the election is conducted smoothly without any bias and is done openly in accordance with the union's constitution.

"If the new exco decides to call for another election six months down the line, that's up to them."

He said the ministry's industrial training institutes would be used as the venue for branch general meetings in order to keep expenses as low as possible because the union's account has dried up.

The final electoral roll, said Rajasekaran, will be posted on the ministry's website once verification is completed.

"If a member finds his or her name missing from the roll, they can ask the DGTU for an explanation," he said, adding that similar lists will also be displayed at labour offices nationwide for those without Internet access.