Endorsement by the Director-General of Trade Unions (DGTU) is all that is needed to propel a last-ditch move to break the deadlock over leadership within the National Union of Bank Employees (NUBE). And it looks like the union is unlikely to get it.

A 20-member caretaker committee has, in a deal brokered by the Malaysian Trades Union Congress (MTUC), put forward recommendations to facilitate fresh elections. The proposal has been submitted to Human Resources Minister Dr Fong Chan Onn, who openly supports it.

A cover letter from MTUC secretary-general G Rajasekaran ( left ) that accompanied the proposal says: "In order to ensure that elections are conducted in accordance with the NUBE constitution and is acceptable to the DGTU, we seek (his) endorsement."

Copies were sent to the DGTU Mohd Zubir Mohd Basri and to both the chairperson and secretary of the caretaker committee.

However, ministry and union sources said implementation is being held up because the DGTU is reluctant to agree to it pending resolution of basic legal questions.

A source pointed out that the creation of a caretaker committee was the first point of contention, as this is not provided for in either the NUBE constitution or the Trade Unions Act.

"So, the DGTU is waiting for the Attorney-General (AG) to interpret the law. Furthermore, one faction will probably try to stop the election," the source said.

Mohd Zubir could not be contacted for comment.

'Proceed as planned'

A quick solution has eluded the union since the leadership crisis began in 2001, following the ouster of general secretary J Solomon ( right ), who is aligned to the group led by Abdul Jalil Hamid.

The other faction is led by Muhammad Fauzi Shamsuddin, who declined to comment when contacted today.

Several matters have been taken to court, as each faction blocked action initiated by the other.

Abdul Jalil said the ministry's excuse for the delay in endorsing the caretaker committee's proposal was that the general election concluded on March 21.

"But I understand that they are working to legalise the procedures involved to avoid future challenges from any party," he said.

He said the union elections should proceed as planned, provided "this is what the members and the minister want".

"We want to get this over and done with. We don't want the results to become a new bone of contention with the losing faction. We don't mind losing the election so long as that is what the members want," Abdul Jalil said.

Details of proposal

A copy of the caretaker committee's proposal, obtained by malaysiakini , outlines basic procedures of electing principal office-bearers in accordance with provisions of the NUBE constitution.

This includes the holding of an extraordinary delegates conference (EDC) and general meetings in all branches to the elect their committee members and EDC delegates, as well as to nominate candidates for principal officers.

The proposal states that new branch-level scrutineers will be responsible for counting the ballots in the branch elections, while those elected at the EDC will be responsible for counting the ballots for the main elections.

"(The) caretaker committee invites the DGTU to supervise and guide the caretaker committee at every stage of this process to ensure a clean and fair election," the proposal states.

The committee was elected in February from among ordinary NUBE members. It has since sought Fong's "support and advice".

Yesterday, Fong said the AG had filed a certificate of urgency last week for an early hearing date for NUBE matters pending in court.