Straits Times, Wednesday, 21 April 2004
Why amend Act? Alpa-S saga shows workers' interests not protected
THE amendment to the Trade Unions Act was sparked off by the state of affairs at the Air Line Pilots' Association Singapore (Alpa-S), where protracted negotiations led to soured ties with the management of Singapore Airlines.
Acting Manpower Minister Ng Eng Hen yesterday explained the rationale for the change that effectively affects only Alpa-S.
It removes the need for its elected leaders to seek members' approval before concluding collective agreements (CA) or settling disputes with management.
Alpa-S, which represents about 1,600 pilots, introduced this clause into its constitution in 1999, when it was restructuring itself to accommodate members from SIA subsidiary SilkAir.
'Ostensibly, through this check mechanism, members could by their approval affirm that their interest had been protected and endorse the leadership of the negotiating team,' Dr Ng told the House.
'But in practice, members' interests had not been safeguarded as thereafter, protracted and futile negotiations worsened relations between the union and management, to the detriment of all.'
In some instances, negotiating positions had progressively hardened, resulting in deadlocks as the executive council sought ratification from members.
He highlighted the example of how in 2001, a collective agreement between Alpa-S and SIA, which took 27 months to conclude, was thrown out by Alpa-S members at a meeting to ratify the deal.
The case was eventually referred to the Industrial Arbitration Court and settled out of court.
'Both management and union must share blame for this unproductive exercise, but the point is that the interests of both union members and the company suffered from these cycles of acrimony aggravated by the ratification clause,' he said.
More recently, a wage cut deal proposed by SIA management in the wake of Sars was ratified by Alpa-S members. However, 55 per cent of members later voted out the president and his negotiating team.
'Again, the ratification provision did not serve its original purpose of securing a mandate for the exco from union members.
'Members could, even after ratifying an agreement, change their minds and their leaders subsequently,' Dr Ng said.
Yesterday, Alpa-S president Mok Hin Choon said the amendment will obviously change the way things are done.
For one thing, union members will have to be more careful in selecting their representatives who will have full authority to negotiate and agree to terms on their behalf.
Leaders will also have to be doubly careful in negotiations with management, making sure they cover all the bases.
Previously, they would have been able to 'look members in the eye and say: 'Look, guys, you cleared it' ', as the membership had the final say on an agreement.
That is now no longer an option, said Capt Mok, who also headed Alpa-S when it negotiated the 2001 collective agreement but stepped down shortly afterwards. -- Rebecca Lee
Straits Times, Wednesday, 21 April 2004
CHANGES TO THE TRADE UNIONS ACT
Opposition MPs reject revision
Union leaders no longer have to get members\' approval when they seal collective agreements with management. Here\'s a look at yesterday\'s debate on the amendment:
THE changes to the Trade Unions Act are typical of a People\'s Action Party government which seeks to outlaw or cripple by legislation those it cannot control or persuade, Opposition Member of Parliament Low Thia Khiang charged yesterday.
\'A legitimate act could become a criminal act overnight. A robust organisation could become subdued and submissive,\' said the Hougang representative.
\'Welcome to Singapore,\' he mocked.
Mr Low, with Non-Constituency MP Steve Chia, opposed the Bill which seeks to remove the right of workers to reject collective wage agreements signed by their union leaders. It was later passed by Parliament.
In rejecting it, Mr Low, leader of the Workers\' Party, argued that the right ensures leaders face the consequences of their actions, beyond being booted out in an election.
It also deters union leaders from acting on their own interpretation of what is in members\' best interests without consulting members or getting their support.
Hence, it was \'a superior process and a better safeguard for union members\', he said.
\'It is also in line with the spirit of democracy of which accountability of leaders is the hallmark.\'
He also blamed such changes for causing Singaporeans to be so apathetic politically. He said: \'Why is it that our pledge to build a democratic society sounds hollow, with the people being... fearful, even ignorant of their democratic rights?
\'The answer, I believe, lies in legislation like this.\'
Mr Chia, a member of the National Solidarity Party, said people join unions in order to have a voice to improve their rights and their work environment, and be more effective in negotiating for wages.
\'If this voice is being crippled by law, what\'s the point joining a union anymore?\'
Singapore workers should therefore seriously think twice about joining unions in future, he said.
In reply, Acting Manpower Minister Ng Eng Hen accused Mr Low of hyping up the effects of the amendment.
\'Have we deprived them of the right to seek recourse or a decision by the Industrial Arbitration Court? The answer is \'no\'.\'
The amendment seeks only to facilitate the collective bargaining process, he said. \'It does not in any way reduce the ability of members who are dissatisfied to call an EGM and remove the leaders at any time, even after this amendment. That\'s the fundamental point,\' he added.
Mr Ng also accused Mr Low and Mr Chia of making political points by ignoring what the Government has been saying about the challenges facing the aviation industry, where management-pilot dispute had made the amendment necessary.
If workers there end up jobless, will Mr Low and Mr Chia, he asked, tell them: \'Well, there you are, but your rights have been protected. You\'re are out of a job, but never mind.\'
Mr Ng also shrugged off Mr Chia\'s call to workers not to join unions, saying they can see what unions can deliver and are willing to trust the leadership. The rising membership of unions here is telling, he added.
Note to Readers: Peoples Action Party (PAP) holds 99% of Parliamentary seats in Singapore. “The Opposition” holds the remaining 1% of seats and is only there to provide a figmentary belief that Singapore is not ruled by a totalitarian oligarchy
Straits Times, Thursday, 22 April 2004
Ratifying clause\' not good for work ties
Axed clause that gave union members final say on workplace deals created climate of brinksmanship: minister
THE clause that required union leaders to seek members\' approval before signing collective agreements was not good for industrial relations as it created a \'climate of brinksmanship\'.
It could result in situations where demands are pushed to a point where an entire deal is jeopardised to the detriment of all, Acting Manpower Minister Ng Eng Hen indicated yesterday.
His comments, in response to questions from reporters, came a day after Parliament amended the Trade Unions Act and removed the ratification clause.
Although all unions could have included the clause in their constitutions, it was seized on only by the Air Line Pilots Association-Singapore (Alpa-S).
Explaining how the clause had a negative effect on negotiating parties, he said: \'It created a very brinksmanship climate. You keep pushing limits on each side and it created a lot of envy.
\'Sometimes... members felt that they could have got a better deal. Even if they agreed to the deal, when things changed, they said we shouldn\'t have said \'Yes\'.\'
Relating this to the situation with Alpa-S, he said that the union had agreed to wage cuts in the wake of the Sars crisis last year.
\'Then when the situation from Sars improved, they said: \'We shouldn\'t have agreed anyway\' and booted out the previous negotiating team. I think it\'s unhealthy...\'*
Removing the clause not only contributed to improving labour-management relations but also removed an element in the negotiation process in which boundaries were pushed and tested.
Dr Ng reiterated yesterday that affiliates of the National Trades Union Congress, which represents 99 per cent of unionised workers here, \'don\'t need this clause to protect workers\'.
Indeed, the 63 unions in question usually held prior discussions with members. And their leaders were given the mandate to negotiate and seal agreements on their behalf - similar to union practices in Japan.
Workers, however, were not deprived of their rights as they still retained the power to vote out leaders if they were unhappy with them.
And Dr Ng\'s advice to union members was that they should choose good leaders and be clear about the terms given to them.
*When judging unhealthy situations, Readers may again wish to cast their minds back to the dark SARS days of heavy and sustained Singapore Government media and back channel pressure on Alpa-S and the complete lack of financial information from SIA, both of which precluded a proper judgment of the need for, or scale of any required salary cuts and merely produced wildly varying percentage cuts from thin air, which at the behest of a weak and complaisant former Alpa-S President were foisted on a bemused membership before it had time to realize it was being duped
Last edited by jstars2; 22nd Apr 2004 at 06:28.