The National Union of Bank Employees (Nube) has lodged a police report against Human Resources Minister Fong Chan Onn over his disparaging remarks against it.

The union described Fong's remarks as false, misleading and an 'unlawful act of intimidation' against its members.

Nube's general secretary J Solomon said Fong ( photo ) had also defamed the union by implying that it was encouraging 'illegal actions' in picketing for higher wages, bonus, and a cost of living allowance (Cola).

The report was filed yesterday at the Brickfields police station in Kuala Lumpur, a day after a local Malay daily carried a report on the squabbling between Fong and Nube over the picketing issue.

From Sept 11 until Oct 9, Nube members have conducted pickets in several states throughout the country to express their dissatisfaction against bank managements for refusing to increase bank employees' benefits.

While the Malaysian Commercial Banks Association (MCBA) has agreed to a 30 percent increase in wages, the association seeks to discontinue the two months' contractual bonus and exclude the Cola.

Nube claimed this would mean that bank employees' salaries after adjustments would increase by only about 13 percent.

Following the breakdown of Nube-MCBA talks late last month, Fong referred the dispute to the Industrial Court.

In the report in Berita Mingguan , Fong was quoted as having said: "In the present circumstances, after the case has been referred to court, the police can take action against anybody who conducts pickets, because that contravenes the laws."

"(Nube members) have to await the decision of the Industrial Court," he added.

Picketing different from strike

When contacted yesterday, Soloman ( photo ) blasted Fong for the allegedly defamatory, inaccurate, and misleading statements and claimed Fong was attempting to intimidate workers against exercising their right to picket and freedom of expression.

There is nothing in the Industrial Relations Act 1967 that barred union members from picketing even after a trade dispute has been referred to the Industrial Court, said Soloman.

Section 44 of the Act only prevents the conduct of strikes and lockouts after a dispute has been referred to the Industrial Court. Picketing, as clearly defined under Section 40 of the Act, is not a strike or a lockout, he added.

Soloman also asserted picketing as a basic right of trade unions and as part and parcel of citizens' freedom of association and assembly as guaranteed by the Federal Constitution.

"It's open to doubt whether Fong has done it unknowingly or deliberately sought to confuse the public by manipulating the law and intimidating bank employees from picketing," said Soloman.

He also expressed suspicion about Fong's 'efficiency' in referring the trade dispute to the Industrial Court given the minister's record of taking between two to three years in the event of a breakdown in conciliation talks between parties to a dispute.

Without waiting to exhaust efforts in affecting a conciliation between MCBA and Nube, Fong has resorted to a measure usually taken after all other efforts have failed, said Soloman.

"The speed at which he has done this raises questions (as to his impartiality), because Fong is supposed to be fair to both workers and employers, not lopsided," he added.

Soloman also said Nube is in consultation with its lawyers on what legal action, if any, will be taken against Fong.

High remuneration

In calling for the raise in bank employees' wages, Nube said the profits of the banks in the country as well as the remuneration of bank chief executive officers or managing directors prove the hard work and contributions put in by employees.

In its campaign leaflets on the matter, Nube - which represents about 30,000 non-clerical, clerical and special grade clerical bank workers - compared the income of banks' CEOs and managing directors to that of bank employees who are Nube members.

On average, Nube members earn about RM1,200 monthly.

Nube pointed out that in several instances, a 30 percent wage adjustment of all of a bank's employees who are Nube members is still less in terms of the bank's overall profits than the share of the bank's CEO or managing director's income as a percentage of the bank's overall profits.

"Affin Bank's net profit for the year 2006 is RM159, 024,000 and the CEO/MD's salary for the year 2006 is RM4, 487,000.00. In terms of percentage, the salary paid to CEO/MD amounts to 2.82 percent f the banks profit," reads one campaign leaflet..

"In comparison, there are 804 NUBE members in Affin Bank with an average wage of RM1200 per month. The 30 percent salary adjustment proposed by NUBE will cost the bank RM3,473,280 for the entire 804 members. In terms of percentage, the salary adjustment of 30 percent will amount to 2.18 percent of the bank's profit."