More fuel is added to the ongoing fire between the top two of the Malaysian Trades Union Congress (MTUC) over the No 1 post when a unionist today disputed the certainty of the leadership succession that is the crux of the controversy.

"Even if (president) Zainal (Rampak) decides to step down, what guarantee does (deputy president) Mohd Shafie (BP Mammal) have that he will be the next MTUC president?" congress vice-president Abdul Razak Md Hassan posed at a press conference in Petaling Jaya.

According to Rule 7(8) of the MTUC constitution, only the General Council the congress' highest decision-making body has the power to fill vacant seats if a candidate withdraws before an election or resigns. Even so, the council has traditionally followed the decision made in leadership succession pacts.

Furthermore, Abdul Razak, who heads the Railwaymen's Union of Malaya, claimed that the memorandum of understanding (MOU) signed by both men was non-binding.

"Mohd Shafie must honour and respect the MTUC constitution and not the MOU which has no legal basis," he said when contacted.

"Even though the court may have to decide on the legality of the MOU, we think it is not compulsory to comply with the document."

Earlier at the Transport Workers' Union (TWU) office, Abdul Razak had read out a five-page statement on behalf of 50 affiliates pledging support for Zainal's continued tenure.

Abdul Razak also said the group has also lost faith in MTUC secretary-general G Rajasekaran's ability to be the mediator because "his stand has strayed from his actual function and responsibility".

Zainal's track record

The Star today reported that tomorrow's dialogue proposed by National Union of the Teaching Profession secretary-general N Siva Subramaniam, a well-known Zainal ally, may be postponed due to Zainal's request for another date as he was busy on Monday.

The attempted mediation was to be chaired by Siva, who is also Cuepacs president, and attended by Mohd Shafie, Rajasekaran and Cuepacs secretary-general Abdul Rahman Manan.

The latest controversy in MTUC erupted after Zainal, at a Hari Raya do on Dec 21, reneged on a private pact with Mohd Shafie, the National Union of Telekom Employees (NUTE) president, to quit by year-end.

Last February, Zainal promised his deputy that he would quit on Jan 1, 2003, after serving one-third of his three-year term, and hand over the mantle to him.

In return, Mohd Shafie had to withdraw from contesting against him for the president's post in the MTUC election in May which Mohd Shafie had been widely expected to win. He went on to win the deputy president's post uncontested.

Recently, however, Zainal announced an extended tenure until 2004, thus confirming what union insiders had already predicted based on "Zainal's track record for false promises". Zainal, a senator and an Umno member, had similarly made empty promises to quit in 1996 and 1999.

As an aspirant for the top post years ago, Zainal had also struck a similar deal with then president PP Narayanan before the General Council and Narayanan had stood by it.

Unilateral decision

When contacted, Mohd Shafie said he will comment on the issue tomorrow after getting all the facts on today's press conference.

"Whatever the allegations against me, Zainal's actions in December were totally unethical. He didn't even have the decency to inform or discuss it with me first. Instead, he went ahead and made a unilateral decision to dishonour our pact."

As for the picket planned by the NUTE, Mohd Shafie said it was solely between the union and Zainal.

"We are not against TWU members. We chose the venue because that was where Zainal and I signed the MOU, held the joint press conference on Feb 18 and where I announced my withdrawal from the MTUC election for the president's post," he explained.

"I don't want to be seen as barking up the wrong if I were to hold the picket elsewhere. It is only a matter of deciding the time and date."

The MTUC is the country's biggest umbrella union with 550,000 members from 230 affiliates.