THE Association for Community and Dialogue (ACID) is concerned about the arrest of five unionists during a protest outside Raja Permaisuri Bainun Hospital in Ipoh on June 2.

They were part of a protest by the National Union of Workers in Hospital Support and Allied Services (NUWHSAS), which represents cleaners in government hospitals in the northern states.

They were protesting against what they claimed were union-busting tactics by their employer, Edgenta UEMS. It is understood that police have failed to obtain a remand order for the five unionists. The employer has since stated they have already come up with safety measures to protect their cleaners.

The five are being investigated for obstructing a public servant in discharge of his public functions as well as unlawfully or negligently committing an act that is likely to spread the infection of any disease dangerous to life.

They are also being investigated under Regulation 7(1) of the Prevention and Control of Infectious Diseases (Measures within the Infected Local Areas) Regulations 2020, which prohibits gatherings for various purposes.

The type of investigation doesn’t make sense when the intent of the unionists is to protest against union busting and lack of proper safety equipment since they are front-liners on duty in the context of significant Covid-19 risk.

Asking for safety equipment is in line with the law and regulations preventing disease.

Furthermore, the Human Resources Ministry should investigate the employer on complains of union-busting that places Malaysia in embarrassing situation internationally since we are part of an international labour organisation that come up with various conventions of fair labour practices.

 Respecting the freedom to organise is in line with core International Labour Organisation convention (CO87).

The ministry should also initiate the gazetting of the latest amendment to the Industrial Relations Act that reflect the spirit of CO87 to negate union-busting.

According to the amendment, the industrial court could make an award by not confining to the restrictions in the 2^nd Schedule in the event the dismissal is due to union-busting.

This is relevant in the above case to protect the legitimate rights for unions to exist and function in a democratic society.

It is hope that the ministry would act expeditiously to safeguard legitimate rights of unions to voice out  and represent their members in critical situations. – June 4, 2020. 

* Ronald Benjamin is secretary, Association for Community and Dialogue.

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.