Compelling need to control 'Wild Cat' strikes

SQN, Ldr. J. T. Rex Fernando (S.L.A.F. Retd)

WILD CAT STRIKES: During the last few months we have witnessed a surfeit of strikes, demonstrations, protest marches and fasts, while posters have come up and the buildings and walls of some institutions have been plastered with slogans, some demanding salary increases, permanency for those on temporary and casual employment and others additional employment benefits.

University violence has added its own band of dissent at a time the country is seeking desperately to come out of its dismal economic morass while directing its energies to restore peace while combating a ruthless and intransigent enemy.

While the Government efforts towards a sustainable peace and national development are adversely affected by the crippling strikes, the greatest amount of difficulty is to the ordinary and often marginalised people.

It is on this background that the Transport Minister A. H. M. Fowzie considering the unenviable predicament of the ordinary people of this country who are suffering grave hardships as a result of wild cat strikes, recently suggested to the public to institute legal action against the striking workers for delectation of duty.

While Mr. Fowzie's suggestion should be considered seriously pursuing collective action by the people is a considerable task and the setting of the necessary infrastructure for such course of action will take sometime.

However, there is an immediate need for the Government to review the Labour Laws and Industrial Relations policies to introduce suitable legislation to prevent 'Wild Cat Strikes' and that irresponsible and conscienceless trade unions and other agitational forces do not act against national interests and virtually hold the country to ransom.

The recent strikes have unmistakably manifested the helplessness of the public and the adverse effects on security operations and the morale of the forces.

It is timely to consider the moral obligations of trade unions towards society and the need for effective legislation to regulate unions particularly in essential services.

Responsibilities of unions

A trade union is an organisation of workers formed to promote, protect and improve through collective action, the social, economic and political interests of its members.

While the philosophies of trade unions have gradually changed with the time, Trade Unions are essential entities in any democratic country and should be encouraged to represent the voice of the workers.

They provide the perfect forum for workers to project their demands and the most effective vehicle to interact with the employers.

In Sri Lanka, Trade Unions which were formed to protect the common interests of workers have regrettably become tools in the hands of power seeking selfish individuals.

Regrettably these individuals have not hesitated to sacrifice the interest of the country and the workers, by launching 'wild cat' strikes. Regrettably trade unions are no longer democratic organisations. Most of them are run by a Mafia with no internal democracy.

Devastating effect

In Sri Lanka a strike is generally considered a legal weapon and the only curbs are under the collective agreements, which could totally prohibit strike action or restrict action to particular sections in times of emergencies proclaimed under the Industrial Dispute Act and the Public Security Ordinance to declare certain services essential.

Unfortunately sections of so called pubic servants appear to have become so insensitive, if not senseless, that they have used the weapon as the first option disregarding all norms of trade unionism.

The unkindest cut is that drastic consequences of such 'wild cat' strikes have imposed upon the poor, innocent and in the context of the recent wild cat strikes launched by the doctors and certain sections of the Ceylon Electricity Board, Railway Employees, Para - Medic and the hospital minor staff.

It is timely and relevant to consider the consequences of the major strikes in the public sector during the past few years.

Whether these strikes were justifiable, the effect of these on the economy, and the hardship and the inconvenience caused to the public cannot be adequately explained and assessed.

There is a compelling need to consider what effective measures should be taken to prevent or at least curtail these 'wild cat' strikes, in greater interest of the country and its people. While the country is virtually burning the trade unions are vigorously and persisting with their demands.

GMOA

The Government Medical Officer's Association struck work to protest against the failure to rectify the salary anomalies. Despite the Government giving an assurance, the doctors persisted with their strike action for considerable period.

Is it justifiable for a professional body engaged in a humanitarian service to resort to strike action considering the inconvenience and difficulties caused to thousands of poor patients who opt for non fee levying State hospitals due to their inability to pay for their treatment, causing immense suffering to the people, particularly the poor who were devastated by the tsunami.

CEB/ Railways

The CEB and the Railways have been regularly threatening strike action on various issues.

The material and human costs of such callous, precipitate action which was also accompanied by acts of sabotage and vandalism is enormous.

The June 1996 CEB strike, will not be erased from the public mind. Apart from the financial loss of over 800 million, the other damages and the hardships to the public could not be easily assessed.

The unions callously disregarding all trade union norms used the 'privatisation' issue as a means of mobilising the rank and file behind them to carry out this unjustifiable struggle. The tremendous inconvenience to railway commuters' consequent to the strike by railway employees cannot be adequately explained or assessed.

Essential services

Is it justifiable for public sector employees in essential services like power, water, transport and health to have a right to strike even if they have a trade union dispute? Many democratic countries do not even legally recognise the right to strike, particularly of those engaged in essential services.

In the context of the strikes we have and are experiencing in the public sector, it may be necessary, apart from invoking the Essential Services Order to consider new regulations to prevent those public sector employees in 'Essential Services' from resorting to strike action. There is a compelling need to review the existing Labour Laws with a view to enact new laws to prevent 'wild cat strikes'.

Sri Lanka is a free country and trade unions enjoy unrestricted liberties. In fact Sri Lanka has a surfeit of Labour regulations not found in any other part of the world.

From an analytical study of most strikes of recent times, it can be asserted with a degree of certainty most of these strikes are without justification, for frivolous reasons, some politically motivated and others manipulated by outsiders.

It is not trade unionism to resort to strike action for the slightest grievance, which should be the ultimate weapon when negotiations fail. The 'Cart before the horse' policy striking first and negotiating later is alien to trade unionism.

Public sector

In most countries, public sector employees are allowed to resort to strike action in specific circumstances, essentially for matters relating to their employment. But restrictions are imposed to ensure that there is no disruption of the essential services.

The decision to strike in these countries must be necessarily by secret ballot. It is advisable to set out clearly under what circumstances public sector employees can strike and how such decision should be made. There must be secret ballot before strikes are called and the membership must ballot for a strike.

The so called lighting strikes, sudden strikes without notice should be banned by law. Trade union leaders should be made personally responsible for losses and damage not only to the employers but also to third parties.

Need to regulate

The patience the country had displayed so far in running thin particularly in respect of the strike by and those in essential services.

Unless some meaningful action is taken to rid the country of strikes for frivolous reasons by the public sector trade unions, the day will not be too far when those given to 'wild cat strikes' will be strong enough to paralyze the whole country.

The Government should bring in new regulations to regulate strikes in the public sector without depending essentially on the Emergency Regulations and Public Security Ordinance.

Immunity

In no democratic country are trade unions which resort to violence tolerated. In every country which grants trade union immunity from civil action lays down that where union members resort to violence of damage to employers' property, they forfeit such immunity.

The trade unions are set up under the Trade Unions Ordinance and are given legal rights and immunity there under but equally they have to abide by the laws of the country and members are liable to be dealt with for alleged acts like every other citizen.

If strikes could be avoided, hundreds of thousands of useful working hours would be saved. Productivity will increase, foreign investors would have a greater faith and rush in investments. The Government will be able to direct its efforts and resources to resolve the ethnic conflict.

The country by large would benefit, to ensure industrial harmony it is necessary more than ever before to effectively regulate the trade unions particularly when even professional bodies act without any sense of responsibility.

Public concern

The public cannot be expected to sit back and watch trade unions launch 'wild cat' strikes with monotonous regularity.

They too have a right to voice their grievances and the right to protect their interest as do strikers, if not more so, particularly when it involves highly essential services, such as electricity, water, health, and transport.

The poor have already suffered much from 'wild cat strikes', particularly in the health sector. Both the Government and trade unions of various sectors must act responsibly and work out collective agreements for industrial peace.

The just grievances of workers being exploited by political parties out of power to destabilise or throw out incumbent governments have been the bane of this country.

Working out collective agreements will take time till then the Government and trade unions must compromise and reach a settlement that should be fair to both sides in the context of the present state of the economy the cost of living and the ethnic conflict.

The long suffering public do not want to be further inconvenienced by regular strikes even if it be for a day.