Nichicon workers held a picket, not illegal assembly

LETTER | We refer to the letter Union breached agreement to avoid provocation by Bokhori Mohd Amin, the Industrial Relations Manager of Nichicon (M) Sdn Bhd’s and wish to state that his assertion that there was an agreement made during the conciliation meeting at the Industrial Relations Department on Dec 16, 2019, is false as there was no agreement and that the union had never set any conditions. 

The union merely submitted proposals, they are not conditions. Bokhari’s statement is in contradiction to section 54 of the Industrial Relations Act which states that “no evidence shall be given in the proceedings before the court as to such negotiation or conciliation proceedings other than a written statement in relation thereto agreed to and signed by the parties to the dispute”. There were no agreements signed during the Dec 16 meeting.

Bokhori seem to have misled the police by insisting that it is an illegal assembly when it is a picket organised by the union near the place of work of its members under the Industrial Relations Act. The Peaceful Assembly Act 2012 section 1(3)(b) states that an assembly which is a picket under the Industrial Relations Act 967 shall not apply to the act.

Bokhori also has issued a threat that the “company” is “studying the legal aspects to take disciplinary action against any employee involved in the assembly that is defaming”. The union denies any of its action is “defaming”, the picket is against the management (not the company) for failing to negotiate for a successful conclusion of the first collective agreement between the union and the company.

Bokhori failed to mention his provocative behaviour when he barged in in front of the picket line with a handphone in hand appearing to be video-recording the union members present when the members were saying the prayers before the dispersal of the picket.

He was told to stop his activity immediately and was urged to leave the picket line. He left after the picketing members loudly jeered him.

The picket was largely peaceful and uneventful till Bokhori appeared on the scene for about 10 minutes which disturbed the peace at the tail end. It put fear in the picketing Nichicon members that the management would identify its workers through Bokhori’s handphone and would harras, intimidate and victimise them at the workplace.

Bokhori’s action is a form of intimidation which is prohibited under Section 38 (d) of the IRA. He interfered in the exercise of the rights of the union members and its officers through the above letter to the editor and threatened disciplinary action which is against Section 4 and 5 of the Industrial Relations Act.

The union will file a complaint under Section 8 of the same act which also states under general penalties Section 60(1) that any person who contravenes - (a) any provision of this act shall be guilty of an offence and shall, on conviction, where no express penalty is provided, be liable to imprisonment for a term not exceeding two years or to a fine not exceeding five thousand ringgit or to both.

The writer is general secretary, Electronic Industry Employees Union Western Region Peninsular Malaysia (EIEUWRPM).

The views expressed here are those of the author/contributor and do not necessarily represent the views of Malaysiakini.