Holding the country to ransom

Sqn. Ldr. J. T. Rex Fernando SLAF (RETD)

The recent strikes have manifested the helplessness of the public. With the Janatha Vimukthi Peramuna and affiliated unions threatening of more strikes to cripple the essential services, it is indeed timely to consider the moral obligations of unions towards society and also the need to regulate the conduct of the unions particularly to prevent disruption of the essential services. Should Trade unions be permitted to continue unabated with their threats of disruption of essential services? The patience the public have so far displayed is running thin.

Sri Lanka has a penchant for protest and strike action, so much so that their sight inspires little interest unless they obstruct the routine of life and time. Unemployed graduates litter several sites, demanding the State to grant them employment in the already crowded public sector. As a nation and a people striving for development, it is imperative we study its relevance to trade union and strike action.

Leaving aside the decadent political motives behind such action, time, money and energy spent on such demonstration could very well be converted into productive man hours and investment that could pave the way for new opportunity. Insular thinking and pretence should have no place that a government which provides free education is by no means obliged to provide gainful employment for every citizen.

Meaningful action

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 today. The bankrupt anarcho - radical political elements with no hope of recovering from their disastrous electoral defeats and they must be prevented from flexing their Trade Union muscles to gain political mileage. Having already ruined the university system with violent protests, they are all out to wreak havoc on other State institutions.

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. In certain countries legislation has been introduced to effectively control Trade Unions imposing certain conditions essential to prevent worthless and reckless strikes.

The Singapore Economy was transformed into one of the most prosperous and vibrant economy by one man by imposing certain restrictions on unions. During the period of transformation unnecessary liberties were not permitted. Even today the Singapore Government maintains an effective control of trade unions.

Role of Unions

The workers must be wary of being lured by those disruptive elements, masquerading as liberators into trade union traps. President Mahinda Rajapaksa at a recent discussions with a group of pro-government trade union representatives has warned of insidious efforts of some destructive forces to destabilize the country.

The recent strike and the threatened strikes have all the trappings of a political muscle flexing on the part of some of the organizers. They are undoubted attempting to settle political scores with the Government on the pretext of championing the cause of the workers.

A trade Union is an organization of workers formed to promote, protect and improve through Collective Action, the social economic and interests of its members.

While the philosophies of Trade Unions have gradually changed with the times, 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. It is accepted without any dispute that harmonious industrial relations are vital for increasing productivity national development.

Regrettably in Sri Lanka, Trade Unions which were formed to protect the common interests of workers have become tools in the hands of power seeking selfish individuals. These individuals have not hesitated to sacrifice the interests of the country and the workers, by launching “wild cat’ strikes and of late to essentially realize their political aspirations. Trade Unions are no longer democratic organizations. Most are run by a mafia with no internal democracy.

During the past few months we have witnessed a surfeit of strikes ‘Go Slow’ campaigns 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 for graduates and others additional employment benefits. University violence has added its own band of dissent at a time the country seeking desperately to come out of its dismal economic morass while directing its energies rebuild after the devastating war.

While Unions are essential entities in any democratic country and should be encouraged to represent the worker, however, must not be suckered into launching unreasonable industrial wars that would only lead to the closure of productive ventures. This will be eventually only hurting themselves and the country.

Independence

The need for unions maintain their independence without aligning to any political party cannot be over emphasized. Unfortunately trade unionism in Sri Lanka is mostly inspired by political factions, with leaders aspiring to catapult themselves into the political arena by championing the causes of the workers. It is in the large interest, both of the workers and the country, that unions breakaway from the stranglehold of politicians.

Right to strike

The right to strike is one of the most fundamental rights enjoyed by employees and Unions and is an integral part of the right to defend their economic and social interests. ‘Strike’ is a weapon in the hand of workers and a recognized trade union or industrial action world over. There are other weapons of less harmful nature and the strike action is called the last resort weapon.

For our trade union movement regrettably, it has become the first resort weapon. Strike action is like a licensed gun which should be used only in a situation of a real threat to life or property. Why is strike action given legal recognition? In Yasapala vs Ranil Wickremesinghe (1980) FRD (1) at page (143) it was argued before the Supreme Court that since the promotion of strikes in one of the legitimate objects a trade union as stated in the definition of the word ‘trade union’ in the Trade Union Ordinance and since the freedom to form and join a trade union has been enshrined as a fundamental right by Article 14 (1) (d) of the Constitution, it followed that there is a fundamental right to a workman to resort to strike action and that right cannot be withdrawn or restricted without amending the Constitution.

His argument was rejected by the court and said the right to strike, through in circumstances may lend legal justification or the cessation of work by employees, is not a fundamental right of workmen and therefore it can lawfully be curtailed.

Ultimate instrument

A strike is meant to be the ultimate instrument in trade union action; not a political tool to destabilize a Government as in the case of the recent strikes. What is distressing is that strikes go against the work ethos; and no nation was built on strikes, but on hard ‘work harder for your larder’ was the slogan that broken-down Britain used to rebuild after the ravages of World War II.

Striking labour plagued the economy starting in the 1950s and by the 1960s, every conceivable mercantile and public sector - and by then the plantation sector had its trade unions ostensibly to protect the rights of the working class. But barring a few unions they were largely controlled by political parties with agendas often at variance with those of the labour force.

Need to regulate Trade Union in essential services

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 of striking first and then negotiating is alien to trade unionism.

It is regrettable even professionals, like doctors and engineers have resorted to strikes at the drop of a hat before the authorities have had time to look into grievances, regardless of loss of life that may ensure. In essential services, unlawful striking can be considered criminal negligence or even homicide. From an examination of the numerous strikes in the recent past it clears, that the most of these strikes have been without any legitimate justification and a blatant abusive right to strike.

From a study of the recent strikes it can be asserted with a degree certainty that most of these strikes regrettably have been without justification, for frivolous reasons, politically motivated and other manipulated by outsiders.

Trade Union leaders in this country generally have not paused to think of the consequences of their action and have launched strikes which have apart from the irreparable damage to the economy, have even led to the closure of productive ventures.

In certain countries legislation has been introduced to effectively control Trade Unions imposing certain conditions particularly to prevent worthless and reckless strikes.

It is timely to consider whether the public sector employees in essential services like, power and health have a right to strike even if they have a Trade Union dispute. Many democratic countries do not even legally recognize the right to strike, particularly those engaged in essential services.

While the law in several countries expressly recognize the right to strike, in others strikes are prohibited. In some others limitations exist in regard to certain types of strikes eg. General strikes, stay in strikes, sympathetic strikes, strikes designed to inflict hardship on the community or to coerce the Government.

While in certain countries a strike, if it does resolve furtherance of a Trade Union dispute within the industry concerned is prohibited. Strikes may be considered legal, but as a breach of the contract justifying dismissal as in Malaysia.

In Australia strikes are often considered to be against public policy and provides for a system of compulsory arbitration. In Britain, the right to strike has not been expressly recognize in English Law. The legal recognition given to strikes and their Trade Union have been in the form of immunities.

In Sri Lanka while the freedom of association is established in the Constitution and in Statute from, there is no right to workers to go on strike.

Devastating effect

The strikes and stoppages which have been launched in recent years have denied the country of “hundreds of thousands” working hours painting a gloomy picture in the minds of the investors and creating an adverse image of the country in the global community, apart from the untold hardships imposed on the public.

Development

When you consider the alarming statistics tabulated above of number of strikes and the consequent loss of man hours from 1997 to 2007, you can imagine the devastating effect on the economy.

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 country by and large would prosper.

When Sri Lanka that is bravely fighting to achieve economic excellence after the devastating war all labour - the entirety of workers - should willingly and enthusiastically put their shoulders to the wheel and get the homeland out of the rut and onto the road to race to eminence. State employees who strike or resort to disruptive activities ought to remember that the Armed Services that saved this country from terrorism in a war fought under very trying conditions and lost thousand of their members in the process.

They never made any issue of their salaries, allowances and other benefits to ensure industrial harmony. It is necessary more than ever before to effectively regulate the Trade Unions. 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 interests as do the strikers, if not more so, particularly when it involves highly essential services like, electricity, water and health.