While Human Resources Minister Dr Fong Chan Onn refused to comment on the matter, his deputy has suggested the former was "wrongly quoted" when he reportedly warned the National Union of Bank Employees (Nube) of police action against its members who picket.

Deputy Human Resources Minister Abdul Rahman Bakar ( left ) clarified that strikes and lockouts - not picketing - are disallowed by the Industrial Relations Act 1967 after a trade dispute has been referred to the Industrial Court.

Fong was "only recommending" against such actions as picketing when he advised Nube members to await the court's decision on their dispute with bank managements over their refusal to increase bank employees' benefits, said Abdul Rahman.

"That's what was meant by the minister. It's not wrong for the minister to (warn against strikes and lockouts) because it is contained in the regulations," he told Malaysiakini today in an interview at his office in Putrajaya.

'Unlawful act of intimidation'

Abdul Rahman's attempt at damage control comes on the heels of a strong response by Nube to a statement attributed to Fong in a Malay daily report on Sunday.

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.

In his police report filed yesterday, Nube general secretary J Solomon ( right ) described Fong's remarks as false, misleading the public, and an 'unlawful act of intimidation' against its members.

Solomon also alleged Fong ( left ) to have defamed the union by implying that Nube was encouraging 'illegal actions' in picketing for higher wages, bonus, and a cost of living allowance (Cola).

The police report was followed by a legal letter of demand that arrived at Fong's office yesterday demanding Fong's withdrawal of his statement and an apology to Nube.

Nube has also demanded that Fong undertake to pay the union "proper and suitable sum as damages for the injury to their reputation and for the embarrassment and distress caused to the members of Nube."

Met at the ministry this afternoon, Fong declined to answer any questions on the matter.

"No need, no need," was all he said.

Abdul Rahman, however, urged Soloman to resolve the matter "in a good way" by clearing it up amicably with Fong without resorting to legal action.

"There's no need to file suits. It's a small matter. They have to clear it with and call upon the minister. Clear it up, don't prolong the things.

"Our minister is very supportive of unions (and) of Nube. We've resolved many disputes before, so I ask that Solomon does not take any action that is detrimental. Let's solve this in a good way," he said.

Work till late at night

When asked to comment on the contention that Fong had 'efficiently' referred the dispute to the Industrial Court without exhausting efforts to reconcile the disputing parties, Abdul Rahman said the ministry had indeed reached a higher level of efficiency to explain Fong's action.

"Before, we did not have enough human resources... When work used to pile up, we used to work until late at night. We added officers, we added retired officers. Now, all the accumulated cases have been resolved," he said.

"The current cases at hand, we don't have cases more than three years old. The ones we have now are contemporary, and these cases are (now) usually referred (to the Industrial Court) and resolved.

"We are more efficient because we realise the number of disputed cases are many. That is why we have increased our staff, we increased work hours, we increased courts, we increased more efficient officers, including taking in pensioned officers," he added.

In an immediate response, Soloman said if Fong had indeed been misquoted, he should rectify the situation by simply addressing the demands as set out in Nube's letter as issued through its lawyers.

"He should just reply to the letter," he said when contacted.