The Malaysian Trade Union Congress is not amused that the Malayan Commercial Banks Association (MCEB) is resorting to legal means to hamper trade union growth, MTUC president Syed Shahir Syed Mohamud said today.

Referring to the MCEB's decision to challenge an Industrial Court award which allowed an eight percent salary increment for some 5,000 bank officers, he said that decision would only affect harmonious employer-employee working relationships.

By filing a judicial review to challenge the award, he said, the banks had also succeeded in delaying the implementation of the award which was in favour of the Association of Bank Officers of Malaysia (Abom)

"The MTUC is greatly disturbed by the frustrating attitude of these employers in hampering the growth of trade unionism, in particular the nurturing of its membership," he said in a statement.

"The losers in this (legal) tussle are the employees, the main work force by whose dedicated and timeless efforts allowed these banks to accumulate their wealth."

On July 4, the Kuala Lumpur High Court granted MCEB leave for judicial review to challenge the award given by Industrial Court chairperson P Ramakrishnan on June 6, 2004.

The court also allowed MCEB's application for a stay of execution and set Nov 11, 2005 for mention. MCEB and Abom hold negotiations to review their collective agreements every three years.

Right to appeal

Contacted for further comments, Syed Shahir said he was not against MCEB's right to appeal the Industrial Court award but was merely stressing that there was no need for them to prolong the legal tussle which has now stretched for over two years.

"I know they have the right to appeal. But this is not good for industrial harmony," he said.

He said there is a dire need to build up a positive relationship between employers and employees in the interest of a harmonious working relationship and the economic well-being of the nation.

"It is with this objective in mind that the MTUC would sincerely urge all employers to give fair and equitable treatment to their workforce without which it cannot hope to develop or progress."

He added the interest of shareholders should not override the interests of employees for if it were not for the employees' efforts, there would no profits for shareholders.

"There is a crying need to come up with a meaningful working relationship between employers and employees for the betterment of both parties [...] what we would call a 'win-win' situation for all," he said.