Debate - Rajmi MANATUNGA

Demand and delivery of trade union politics

Miran PERERA

The importance of good governance for national development should never be underestimated by the workers and trade unions of this country. Good governance requires men and women workers as well as trade unions who are not only honest but also competent and capable of taking decisions.

It is only civil society that can and must take action against all those politicians who have mismanaged their sectors by voting them out of office.

Singapore’s admirable discipline and progressive leadership, honesty of workers are things that our political leaders should get excited about and try and emulate if we are to progress and achieve high worker productivity.

Autonomy and accountability are two of the most sensitive issues in the management of public enterprises.

Today there is a definite need for the establishment of an adequate supervisory authority and where this authority is lacking to bring about improvement in performance and to deal with shortfalls. Such authority should be a ministry, a control bureau or a regional organisation.

Auditing performance

However to function effectively the authority need to have an adequate reporting system and be capable of auditing performance in a professional manner.

In the context of the present economic and security situation it is timely and relevant to examine the role of trade unions.

It is accepted without dispute that harmonious industrial relations are vital for increased productivity. Economic progress and national development to a larger extent depend on industrial peace.

The Workers Charter was acclaimed by the government as a solemn declaration and commitment by the State to ensure implementation of labour legislation and its enforcement in the interest of the workers.

While the workers rights and privileges are apparently adequately safeguarded the question posed by many employers are - ‘should not the employers also be protected against worker indiscipline, violence and vandalism as well as from the irresponsible conduct of trade unions?

It is accepted that not all trade unions act with a sense of responsibility. Workers rights and other rights are directly linked to a sense of responsibility.

To the extent unions fail in their responsibilities to that extent they should morally forfeit their rights. There should be a code of ethics for industrial peace if it is to be a reality.

As such it is timely to consider a code of ethics for trade unions to ensure that unions act with a degree of restraint and responsibility particularly in the present unenviable predicament in which the country is since almost all its resources are diverted to fight one of the world’s most ruthless terror groups.

It is incumbent on all unions to support the national effort in pursuance of the war since wild cat strikes will only weaken the government and forces.

The patience the country displays is far running thin particularly in respect of strikes. 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 paralyse the whole country.

New regulations

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.

Whatever measures are to be adopted the following salient aspects should be given adequate consideration as these are inextricably interwoven with trade unionism, industrial harmony and welfare of the public national development.

There is a need to explicitly set out the circumstances under which public sector employees, particularly those in essential services can resort to strike action. There should be provision for a secret ballot when deciding on strike action.

There should be given notice of strike action. There is immunity granted to trade unions from civil action. There is opportunity for advisability of permitting outsiders to hold office in public sector unions. We have in recent times witnessed strikes accompanied by violence and vandalism. No right thinking person will condone such violence.

If any worker group or trade union resorts to sabotage wanton destruction of property harass or intimidate persons it has to be condemned.

Climbing high rise buildings, water towers, roof tops, and taking employees hostage at the point of a knife, wanton destruction of the employers property, plastering walls with obnoxious and obscene slogans are all repulsive to trade unionism.

Peaceful means

These are indisciplined and criminal acts savouring on terrorism. Regrettably the acts of indiscipline reek of grossly irresponsible union leadership.

To permit workers to resort to violence to obtain demands is a flagrant violation of the basic rights of employers and workers to resolve issues by negotiation, consultation and arbitration. Demand and deliver in trade union activities should be replaced by more peaceful means of winning better rights for the workers.

Most often the demand is made by keeping the public service to ransom. A new trade union mentality should be floated to motivate the workers to joining genuine worker centred activity in trade unions to further their formal and non-formal practical education levels and develop employable skills to earn better incomes and promote their family welfare work.

Corrupt political practices keep knocking at every door. One is the deliver upon demand attitude of trade union politics.

Another is entry into institutions through the guile of representative workers politics. Trade union activities when practiced in more positive manner is not a bad idea but danger lurks in the ‘ism’ part of it like any other ‘ism’ or unionism.

Workers with ears to the ground share the benefits aligning with a union whose political party wields much power. Numerous shady transactions between employees and union officials are all too well-known, and this is not the exclusive characteristic of a single political party.

The accusing finger exercise therefore is only too mutual. The labour policy of a country is determined by the complex interplay of three main actors - namely the government or the State, the employers and their associations, and the workers and the trade unions representing them.

In many countries till recently the working class was perceived to be weak and prone to exploitation by employers. The governments of those countries in order to bring about greater equity and industrial harmony played a dominant role by enacting a number of laws to protect the working class from exploitation.

This action of the State fostered a culture of dependency of labour on the State which was only too willing to play the role of arbiter in labour management disputes.

The social rights of citizens consumers and the community at large reign over labour rights at work. Job creation should receive greater attention than job protection but that was not to be under the various governments that rules our country.

The excessive dependency on their party hampered the development of bipartite relations and increased the already existing mistrust between the two main social partners the employers and the workers and their trade unions.

Strike - Interest of nation should be shown priority

N. U. Abdul RAZZAK

Strike - this word has got many a meaning such as hit, discover and so on. But when it is concerned with labour it means to stop work in protest. There are a number of other words that are closely associated with this term.

They are hartal, protest, picketing, boycott, demonstration, work to rule sick leave and so on. All of them have a close link with strike and the members of the working class use them to win their demands.

This word is neither foreign nor alien to the masses of Sri Lanka or for that matter the people of whole world as information and news related to various aspects of labour such as industrial disputes, clashes between employees and employers, demand for pay hike, facilities needed for labourers, problems of expatriate workers, slavery, overtime issues exploitation, child labour, rights of worker’s etc are reported over the media each and every day.

Whenever such a problem reaches a boiling point the workers use the weapon, the strike to resolve such issues.

Therefore it is no exaggeration to call strike as the wand of the labourer that helps him get salvation. Though this weapon can help the workers get their demands fulfilled it can also cause harm, death and destruction, if it is abused or wrongly handled. So it is obvious strike is a double edged sword and that it has to be handled cautiously. Like in other democracies Sri Lankan too use this weapon to get their demands implemented.

When we look back at the history of strikes we come to know that lives are sacrificed to win the rights of workers. There were struggles and revolutions that helped workers get their legitimate rights. The bloody struggle in Chicago which paved the way for the May Day (Day of Labour) tells that the workers of today should be thankful to the leaders of working class of yore.

When we focus our attention on Sri Lanka, the year 1980 brings sad memories into our mind as many thousands of strikers of the public sector got a shock in the month of July, this year. These hapless employees who staged a strike demanding a paltry pay hike of Rs. 300 or so were fired mercilessly by the Government that was in power.

The scar of this stigma has not yet completely healed since the direct victims of this work stoppage and their immediate family members have been undergoing untold hardship.

So, strike in the Sri Lankan context naturally brings the images of sadness, pity and helplessness in the minds of every Sri Lankan especially the ones who witnessed this unpleasant incident nearly 28 years ago.

Fortunately, a latest piece of news reveals that the Cabinet has taken a decision to give compensation and other assistance for the Tamils of these victims of whom most of them are languishing in their evenings of their lives.

Is it a necessary evil

Strike, which is an act of a democracy is considered as a necessary evil by many people. Trade unions and labour unions that get engaged in negotiations use this trump card as a last resort. There are a number of factors that should seriously be considered before taking a decision for staging a strike.

First and foremost, leaders of trade unions should consult all shades of opinions before arriving of a decision for a strike which normally causes huge loss for the income of a nation.

Even all employees come for a decision of staging a strike, the leadership of such a labour union should not forget that talks and further talks can solve problems amicably. It is sad to note that some trade unions dance to the tunes of some political parties. It is wrong to think of overthrowing governments or causing sabotage through a strike. The pure interest of labourers should be the focal point of a strike.

The biggest problem for the workers in Sri Lanka is the disunity among the members. It is pointless to have hundreds of trade unions that have different agendas. All of them should unite to help the masses live peacefully and happily. If some section of the employees do not want to be members of a trade union they should not be compelled to get the membership.

Today the number one problem among the labourers, workers and other employees is the economic burden caused due to various reasons.

Most of us find it difficult to meet both ends with the salaries we drew at the end of the month. Naturally, the thought of strike seems to be the panacea for this. But there should be clean cut reasons for our actions, striking at the drop of a hat will not solve the problem.

The labour union leaders should talk to the relevant authorities for relief. The recent strike which was not a success according to many observers failed to cause an impact as a pay hike was already given to the employees only a few days ago.

Therefore, staging strikes at wrong time without getting the opinions of all trade unions and labour organisations can reduce the seriousness of it. So it is evident a strike can successfully be staged if unity is maintained among labourers.

Essential services

There are some sectors which provide essential services to the nation. Health and transport are two areas where the services of the employees are expected even when a strike is under way.

Therefore organisers of strikes should make it a point to make some arrangements to provide medication to the patients and victims such as accidents during a strike.

If a strike is responsible for the loss of innocent lives no person can approve such activities. Rotational duty too can help patients get treatment if hospitals come under strike. Transport is another important sector that is necessary for the human being.

When a death occurs relatives have to attend the funeral. Therefore transport sector should not get engaged in strikes. Education is one of the areas which is adversely affected in Sri Lanka by strikes. The masses including the strikers should consider this sector too as an essential service.

Undergraduates and students cannot be victimised for the disputes of the workers. Sri Lanka which boasts over 90% of literacy can keep her image untarnished if education gets its freedom so as to build a younger generation who are armed with discipline, knowledge and skills. So it is obvious peaceful protests can help labourers and employees win their demands.

The father of India and the greatest freedom fighter Mahathma Gandhi completely believed in people’s power through non-violence. His civil Disobedience campaign against the imperialist, the English became a great force to chase but the British thus paving the way for India to get back her freedom. Gandhi could achieve his ideals through his vision and simplicity.

It is pertinent to point out an incident that shows how simple he was when he travelled in a third class on a train a person queried “why do you travel in third class.” He replied, “There is no fourth class here”.

This shows that dedication can help one achieve his target. Let us win our legitimate demands through democratic means to have peace and prosperity in this beloved isle.

Legal prohibitions on strikes

Russia

In “Marxist-Leninist” regimes, such as the former USSR or the People’s Republic of China, striking is illegal and viewed as counter-revolutionary. Since the government in such systems claims to represent the working class, it has been argued that unions and strikes were not necessary. In June 2008, however, the municipal government in Shenzhen in southern China introduced draft labour regulations, which labour rights advocacy groups say would, if implemented, virtually restore Chinese workers’ right to strike. Most other totalitarian systems of the left and right also ban strikes. At one point Stalin remarked that unions were completely unnecessary, as workers would be striking against themselves.

France

A “minimum service” during strikes in public transport was a promise of Nicolas Sarkozy during his campaign for the French presidential election. A law “on social dialogue and continuity of public service in regular terrestrial transports of passengers” was adopted on August 12, 2007, and it took effect on January 1, 2008 In some democratic countries, such as Mexico, strikes are legal but subject to close regulation by the state (see Mexican labour law).

UK

The Industrial Relations Act 1971 was repealed through the Trade Union and Labour Relations Act 1974, sections of which were repealed by the Employment Act 1982.

In 2003, there was a Firefighter dispute in the United Kingdom.

The armed forces had to provide temporary cover, using outdated machinery. The strike action was legal under British labour law, although it was condemned by some.

The Code of Practice on Industrial Action Ballots and Notices, and sections 22 and 25 of the Employment Relations Act 2004, which concern industrial action notices, commenced on 1st October 2005.

Legislation was enacted in the aftermath of the 1919 police strikes forbidding British police from both taking industrial action and discussing the possibility with colleagues.

The Police Federation created at the time to deal with employment grievances and provide representation to police officers, has increasingly put pressure on the government and repeatedly threatened strike action.

The current government is considering reintroducing the ban on strikes by prison staff, a law itself was repealed in the last decade. This is in the face of a proposed strike by 20,000 staff members.

USA

The Railway Labor Act bans strikes by United States airline and railroad employees except in narrowly defined circumstances.

The National Labor Relations Act generally permits strikes, but provides a mechanism to enjoin strikes in industries in which a strike would create a national emergency.

The federal government most recently invoked these statutory provisions to obtain an injunction against a slowdown by the International Longshore and Warehouse Union in 2002.

Some jurisdictions prohibit all strikes by public employees (under such laws as the “Taylor Law” in New York). Other jurisdictions limit strikes only by certain categories of workers, particularly those regarded as critical to society: police and firefighters are among the groups commonly barred from striking in these jurisdictions.

Some states, such as Michigan, Iowa or Florida, do not allow teachers in public schools to strike. Workers have sometimes circumvented these restrictions by falsely claiming inability to work due to illness - this is sometimes called a “sickout” or “blue flu”, the later receiving it’s name from the uniforms worn by police officers, who are traditionally prohibited from striking.

The term “red flu” has sometimes been used to describe this action when undertaken by firefighters.

It is also illegal for an employee of the United States Federal Government to strike.

Prospective federal employees must sign standard form 61, an affidavit not to strike.

Postal workers involved in 1978 wildcat strikes in Jersey City and Kearny, NJ, San Francisco, and Washington D.C. were fired under the presidency of Jimmy Carter and President Ronald Reagan terminated air traffic controllers after their refusal to return to work from an illegal strike in 1981.

Strike preparation

Companies which produce products for sale will frequently increase inventories prior to a strike. Salaried employees may be called upon to take the place of strikers, which may entail advance training. If the company has multiple locations, personnel may be redeployed to meet the needs of reduced staff.

Curbing the porn menace

The Internet is so widespread now that even the remotest villages have at least one kiosk offering Net access. As the term World Wide Web implies, the Internet enables us to go all over the world and learn new things every day without ever leaving our seat. It is useful for everyone from students to retired workers.

But the Net does have a darker side. There are thousands of pornographic sites on the Web, which can be freely accessed by anyone with an Internet connection. If not supervised properly, it is all too easy for children to access such explicit content.

This is precisely what the Government intends to prevent. President Mahinda Rajapaksa recently instructed the Telecom Regulatory Commission to block porn sites, in a bid to save the younger generation.

But can this step alone curb the proliferation of pornographic literature? There are thousands of porn books, magazines and DVDs in circulation. Shouldn’t these sales points be also raided? Some cinemas show almost X-rated movies which have apparently been passed by the censors.

It is no secret that many schoolboys, some of them still in shorts, watch these so-called ‘adults only’ movies. What more should be done to end this scourge? Or are present laws adequate to deal with it?

Send in your views in less than 1,500 words on ‘Curbing the porn menace’ to Daily News Debate, 35, D.R. Wijewardene Mawatha, Colombo or email [email protected] on or before August 26, 2008.