The National Union of Bank Employees (NUBE) has levelled union-busting charges against Bumiputra-Commerce Bank following the sacking of 10 unionised employees by the bank yesterday.

The leader of one NUBE faction, Abdul Jalil Hamid, decried the bank's action as " ... a vindictive act of victimisation and union-busting".

The 10 employees include J Solomon, a principal office-bearer aligned to Abdul Jalil's group, and two KL NUBE branch officials. The rest are ordinary NUBE members.

The bank dismissed all 10 after finding them guilty of "illegal picketing pursuant to a domestic inquiry".

In an immediate reaction, Human Resources Minister Dr Fong Chan Onn said dismissals should be employed as a last resort in any trade dispute situation. "I will talk to the BCB management next week and see how this can be resolved amicably," he said when contacted today.

BCB communications vice-president, Joyce Ha, said the dismissals of 10 clerical and non-clerical staff were for "acts of misconduct".

"The decision has been taken with regret after due process in compliance at all times with the rules of natural justice and procedural fairness in respect of the disciplinary process that was adopted," she said in a statement.

Outsourcing issue

She added the bank viewed seriously any unlawful acts of misconduct that undermine its operations and high standards.

The beleaguered NUBE leadership has been divided into two camps and both factions are currently embroiled in a legal battle.

Abdul Jalil claimed that the bank was taking its revenge against NUBE members who have been persistently pursuing the issue of stalled negotiations over the NUBE-BCB collective agreement (CA) and the outsourcing of BCB's backroom operations.

"The bank has been harbouring revenge against NUBE members for pursuing negotiations over the CA and the outsourcing issue," he said in a faxed statement today.

The negotiations came to a standstill following the union's internal crisis, currently in its third year. When BCB refused to resume talks, employees who union members picketed during lunch and after-hours.

This led to 15 unionised employees being suspended for being allegedly involved in 'illegal picketing'. Of the 15, 10 decided to seek the NUBE's assistance.

Seeking Prime Minister and Finance Minister Abdullah Ahmad Badawi's intervention, the union submitted an appeal detailing "victimisation, unfair labour practices (and) arbitrary outsourcing of banking business" by BCB.

To appeal

In a letter dated April 7 to BCB chairperson Radin Soenarno Al-Haj, the finance minister's political secretary, Reezal Merican Naina Merican, requested the bank to reinstate all suspended employees and resume negotiations based on "existing rules and regulations".

"Instead, the bank has now chose to dismiss all 10 of them," said Abdul Jalil, referring to the letters. He added that a police report has been lodged against BCB's human resources vice-president Munira M Salinger.

He said the bank's action of ignoring the ministry's request "clearly mirrored the bank's arrogance and arbitrariness".

He said he was confident the dismissals would not cripple the NUBE. "We are confident that with the PM's kind assistance, the 10 members will be reinstated," he said, adding he would be meeting the 10 next week to discuss the matter.

Contacted later, Solomon noted that the five who had not sought NUBE assistance had been reinstated by BCB.

"Initially, 15 were suspended but those who acted on their own were reinstated without further action against them despite facing the same charge of illegal picketing," he said.

"We will follow procedures in appealing against the bank's findings within 30 days. This is in accordance with the provisions of the existing CA."