Sunday, 8 December 2013

MAS Must Immediately Revoke Suspension of Union President Ismail Nasaruddin; Worker Right Issue Should Be Resolved By Negotiations Not ‘Union Busting’

MAS Must Immediately Revoke Suspension of 
Union President Ismail Nasaruddin;
Worker Right Issue Should Be Resolved By Negotiations 
Not ‘Union Busting’

3 December 2013


We, the 43 undersigned civil society groups, trade unions and organizations are disturbed by the news that Malaysian Airlines, a government linked company, has suspended the president of the National Union of Flight Attendants Malaysia (NUFAM), Ismail Nasaruddin in connection with a statements made to the media by the Union, which amongst others suggested that MAS’s Chief Executive Officer (CEO), Ahmad Jauhari Yahya who was appointed in 2011, should resign. Ismail was allegedly suspended without allowances with immediate effect starting Nov 8 following a news report quoting him that was published on the same day.

According to a news report, ‘…NUFAM Secretariat said it is calling on the prime minister to review Jauhari's contract and remove him as the CEO of MAS, which is a government appointed position, unhappy that there has been no changes in resolving the cabin crew's problems…’ (The Sun Daily, 8/11/2013, NUFAM calls for resignation of MAS' CEO).

Amongst the alleged grievances being raised by NUFAM, which represents 3,500 cabin crew at Malaysia Airlines (MAS), as was contained in the said Sun Daily report are:-

· New policy imposed by MAS on a weight control ruling where cabin crew are told to reduce their weight to achieve a certain body mass index within three to six months. Failure to do so would result in an automatic transfer to ground work. The new rule is also a blanket policy and affects all cabin crew members including those who have just returned from maternity leave and may find it difficult to drastically lose weight within a short time frame;

· Cabin crew who joined in 2004 or later are no longer able to enjoy the transport services provided by the airline for pick-up from home, and Ismail said this is unfair to those who joined in 2004 or later, as they had signed contracts that included transportation as part of the benefits; and

· That the MAS management have allegedly cut costs drastically which affected the cabin crew resulting also a failure to review allowances and salaries.

We are especially concerned with this ‘weight control ruling’ which certainly is discriminatory against women, especially to those returning from pregnancy. Increase of body mass index sometimes may be beyond the control of a human being, and this really should not be used to affect their employment.

NUFAM alleges that it wants MAS to sit down with the Union to discuss and negotiate a new Collective Bargaining Agreement (CBA/CA) but apparently MAS is not interested to do so at this moment, citing as reason some judicial review.

Now, MAS has commenced disciplinary actions against Ismail Nasaruddin, and according to a Malaysiakini report, it is allegedly because MAS said Ismail had acted in contradiction with his duties as a chief steward of the airline by issuing the statement. (Malaysiakini, 14/11/2011, MAS suspends chief steward for criticising CEO)

Now, clearly the statements were made by Ismail in his capacity as President of the Union, representing some 3,500 workers, and as such he has the duty and obligation to fight for the rights of workers and that includes applying pressure on the employer and even calling for the removal of any of such employer’s officers or even Directors who is standing in the way of a prompt resolution of the dispute. Unlike employers, every day that a worker’s issues is not resolved, it is the workers that will continue to suffer. A prompt resolution is best and just.

No worker, group of workers or unions should be barred from making public statements to the media or otherwise in the struggle for worker rights and human rights. This right is clearly acknowledged in the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, commonly known today as the UN Human Rights Defender Declaration.

We condemn the action of Malaysian Airlines (MAS) in commencing disciplinary actions against a Union leader, and urge MAS to immediately stop this and revoke the suspension of Ismail Nasaruddin.

We call on MAS to immediately sit down, negotiate and resolve these outstanding worker issues with the trade union rather than resorting to ‘union busting’ strategies which include disciplinary actions against worker and union leaders who dare to fight for worker rights.

We call on the Malaysian government to immediately to act, given the fact of the much influence it has in a government-linked company like MAS, to ensure that justice is done for Ismail Nasaruddin, the Union and its members.

Senator Syed Shahir bin Syed Mohamud - Senator in the Malaysian Parliament
Charles Hector - Human Rights Defender and lawyer;
Mohd Roszeli bin Majid - Vice President (Private Sector) Malaysian Trade Union Congress(MTUC), and also the President of the TNB Junior Officers Union;
Pranom Somwong - Workers Hub For Change (WH4C), Asia Pacific Forum on Women , Law and Development ( APWLD);

For and on behalf of the following 43 civil society groups, trade unions and organizations

ALIRAN
Asia Pacific Forum on Women, Law and Development (APWLD)
Cambodian Human Rights and Development Association (ADHOC)
Center for Orang Asli Concerns (COAC)
CWI Malaysia (Committee For A Workers International Malaysia)
Damn the Dams
Dignity International-Asia
Friends of Burma
Human Rights Ambassador for Salem-News.com, United Kingdom
Jaringan Rakyat Tertindas(JERIT)
Kesatuan Eksekutif AIROD (KEA)
Kesatuan Pekerja-Pekerja Polyplastics Asia Pacific
Kesatuan Sekerja Industri Elektronik Wilayah Selatan Semenanjung Malaysia (KSIEWSSM)
MADPET (Malaysians Against Death Penalty and Torture)
Malaysians for Beng Hock
Malaysia Youth & Students Democratic Movement (DEMA)
MTUC Pahang
National Union of Hotel, Bar and Restaurant Workers (NUHBRW)
Network of Action For Migrants in Malaysia (NAMM)
Paper and Paper Products Manufacturing Employees Union (PPPMEU)
Philippine Alliance of Human Rights Advocates (PAHRA)
Parti Rakyat Malaysia (PRM)
Parti Sosialis Malaysia (PSM)
Partido ng Manggagawa (Labor Party-Philippines)
Pax Romana-ICMICA Asia
Peoples' Green Coalition
Persatuan Kesedaran Komuniti Selangor (EMPOWER)
Persatuan Sahabat Wanita, Selangor
Pusat KOMAS
Sahabat Rakyat Working Committee
Sarawak Dayak Iban Association[SADIA]
SUARAM
Tenaga Nasional Junior Officers Union (TNBJOU)
Tenaganita
The Filipino Women's Organization in Quebec
WIRDA (Women’s Institute Research Development and Advancement), Malaysia
Women’s Centre for Change Penang
Workers Hub For Change (WH4C)
Yayasan LINTAS NUSA – Batam, Indonesia
Saya Anak Bangsa Malaysia (SABM)
Law and Society Trust.Colombo Sri Lanka
ITUC(International Trade Union Confederation)

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通告 Notification

人民之友对下届大选意见书
英巫文译稿将在此陆续贴出

作为坚守“独立自主”和“与民同在”的立场的一个民间组织,人民之友在上个月对即将来临的第14届全国大选投票,发表了一篇以华文书写的意见书,题为:投票支持"反对国家伊斯兰化的候选人": 反对巫统霸权统治!莫让马哈迪帮派"复辟"!。

这篇意见书的英文译稿,将在近期内在本部落格贴出。马来文译稿将在下个月内贴出。敬请关注!

我们希望,我们在意见书内所表达的对下届大选的立场和观点,能够准确而又广泛地传播到我国各民族、各阶层的人民群众中接受考验,并接受各党派在这次全国大选斗争和今后实践的检验。


The English and Malay renditions of Sahabat Rakyat’s opinions about next election will be published here consecutively

As an NGO which upholds “independent and autonomous” position and "always be with the people" principle, Sahabat Rakyat had released a Chinese-written statement of views with regard to the voting in the upcoming 14th General Election, entitled “Vote for candidates who are against State Islamisation: Oppose UMNO hegemonic rule! Prevent the return to power of Mahathir’s faction!”

The English rendition of this statement will be published in our blog in the near future whereas the Malay rendition will be published next month (November). Please stay tuned!

We hope that our position and views pertaining to the next General Election expressed in the statement will be accurately and widely disseminated and also examined by the popular masses of various ethnicities and social strata through their involvement in the struggle of the next General Election carried out by various political parties and their practices in all fields in future.


Akan datang: Penerbitan penterjemahan pendapat Sahabat Rakyat mengenai pilihan raya ke-14 dalam Bahasa Inggeris dan Bahasa Melayu

Sebagai sebuah pertubuhan masyarakat yang berpendirian teguh tentang prinsip "bebas dan berautonomi" dan “sentiasa berdampingan dengan rakyat jelata”, Sahabat Rakyat telah menerbitkan kenyataan tentang pandangan kami terhadap Pilihan Raya Umum ke-14 yang akan datang yang bertajuk "Undilah calon yang menentang Pengislaman Negera: Menentang pemerintahan hegemoni UMNO! Jangan benarkan puak Mahathir kembali memerintah! "

Penterjemahan Bahasa Inggeris kenyataan tersebut akan diterbitkan dalam blog kita dalam waktu terdekat manakala penterjemahan Bahasa Melayu akan diterbitkan pada bulan hadapan.

Kami berharap pendirian dan pandangan kami berkenaan pilihan raya kali ini yang dinyatakan dalam kenyataan tersebut dapat disebarkan dengan tepat dan meluas untuk diuji dalam kalangan rakyat semua bangsa semua strata sosial melalui penglibatan mereka dalam amalan pelbagai parti politik dalam pertempuran pilihan raya umum kali ini mahupun masa depan.

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