WORKING TO RULE: President Mahinda Rajapaksa has advised his
Ministers to settle trade union issues amicably. They should not prolong
issues affecting the working class in the country. Workers also should
try to understand issues and resolve them to bring about industrial
peace, healthy and conducive atmosphere in the workplace.
Just two weeks ago the country was plunged into economic abyss due to
'the go slow' at the Colombo Port and strike at the Sri Lanka Petroleum
Corporation. While the port workers resort to 'go slow ' tactics to win
their demands, the workers at the Ceylon Petroleum Corporation (CPC)
went on strike opposing the appointment of a new Chairman to the Ceylon
Petroleum Storage Terminal Limited(CPSTL).
According to media reports it was unreasonable on the part of the CPC
workers to have gone on a strike over an appointment of a Chairman made
by the President exercising his powers vested in him under the
Constitution to make such appointment.
The Daily News of July 26 in its lead story quoted Transport and
Petroleum Resources Minister A.H.M. Fowzie. This was what the Minister
had said about the strike action of the workers: "If the President
cannot appoint a chairman to an institution coming under his purview
what is the position of the Executive President of the country? The
unions attempt to curb the powers vested in the President. If we allow
the trade unions to act as they want the next day they might demand the
resignation of the President. We cannot allow them carry out this sort
of unreasonable trade union action".
The workers at the Sri Lanka Port Authority resorted to the "Go Slow"
campaign to win an increase of Rs. 3,000 and both the Government and the
Workers stuck to their guns. The trade union action was claimed as
legitimate action recognized by the International Conventions related to
Labour Laws. But the Supreme Court before which the case was taken up
described "Go Slow" type activity that would hamper day-to-day
operations of the Colombo Port as a pernicious act committed against the
whole country.
But if workers of any Institution proceed with the 'Work to Rule' is
it wrong or illegal? It is Gamaya's humble opinion that all the perils
in the country are because the workers fail to work to rule! If the
workers 'work to rule' every day, then they would be performing their
duties within the ambit of the meaning of the phrase. Gamaya does not
think there is anything illegal in it.
If the workers 'work to rule' in the strict sense of the word, there
is no need to claim overtime and no authority could demand the workers
to do over time. If there is bulk work that has to be completed within a
specific time frame to avoid penalties in terms of International Law
what the authorities should do is to employ people on contract basis to
clear the particular workload.
But the outcome of the Port workers 'Go Slow' cost the economy
billions of rupees and compelled several ships to skip the Port. It took
sometime for both sides to see the issue in its correct perspective and
to resolve the issue. By the time the Government belatedly appointed a
Committee to look into the issue the damage had already been done to the
national economy.
The workers agreed to go back on condition that they would be given
an increase of Rs. 1,500 per month until the issue is resolved.
All right thinking people disapproved the actions of those
responsible of playing to the gallery showing salary sheets of workers.
It is not ethical to publicise a person's salary details and the
utterances by both parties involved. The issue only added fuel to the
fire.
In respect of the CPC strike it was argued that the 'Trade Unions'
cannot strike on a issue of an appointment of a Chairman to a particular
institute by the President. This is a subject that merits debate.
There are views supporting and opposing the issue at hand. But what
is necessary is while allowing for the debates, the Government on its
part should strive to handle such sensitive issues with a bit more care.
In a way what is wrong in consulting the trade unions or the whole
workforce of a particular institute before appointing a 'head'.
Gamaya considers it to be a healthy approach, although there is no
such a system in operation in the country.
After all, they all have to put their heads together and work
fulfilling the hopes and aspirations of the masses for a better
tomorrow. As subsequently revealed it was not mainly on the appointment
of a chairman but things have got mixed up to such a degree there was a
clear lack of communication that led to the unwanted strike action.
In both instances the country suffered a great loss in economic terms
while the general public had to face severe hardships in the long run,
and the very masses are called upon to bear the burden of the loss by
paying extra levies.
It is better to keep in mind that the term masses or general public
include workers as well as those in the top grades.
It is an accepted norm that workers should use the strike weapon only
as a last resort. But as things happen in Sri Lanka the trade union
action has lost its meaning and attracts public hate and resentment
rather than support or sympathy.
Looking back on the history of strikes and trade union actions of the
past we should deeply lament the spilling of innocent blood and loss of
valuable lives in the name of trade union action. It is a tragedy and an
unpardonable offence to have sacrificed the lives of the innocents and
those who have died, had died in vain for still the workers clamour for
justice and fair-play, which remains a distant dream despite many a
strike in the past.
As we dealt here with the strikes and trade union action Gamaya
taking a clue from the advise given to the Ministers, wish to suggest
that the Ministry of Labour study in-depth the views expressed by the
President to resolve issues amicably by the respective Ministries, issue
a guideline as to how the respective Ministries, Institutions and
Departments should act as all issues are related to human beings, to
avoid workers taking to all forms of trade union action.
What is necessary is to have a machinery to deal with issues as they
emerge to resolve them. Foreign Employment and Labour Relations Minister
Athauda Seneviratne, a man who has shown his mettle in handling
situations with PR, is capable of coming out with a formula that serves
the working class and the country. |