In the Talking Point of September 12, David Curmi, president of the Chamber of Commerce, Enterprise and Industry, gave a positively supportive review of the Malta Employers’ Association’s proposals to amend the Employment and Industrial Relations Act.
It turned out that the MEA document obtained relatively unbalanced media coverage with one particular proposal (no payment for self-inflicted sickness) overshadowing so many other valid ones.
As the dust continues to settle, it is appropriate to discuss issues other than ‘sick leave’. Among those which feature prominently are an Industrial Tribunal reform and an amendment to allow the Registrar of Trade Unions to effectively resolve union recognition disputes.
The MEA is in favour of tribunal set up in a manner to guarantee rectification of injustices and resolution of trade disputes in an impartial, timely and professional manner.
The panel, whether dealing with an unfair dismissal or a trade dispute, is proposed to be composed of a lawyer, in the chair, and two lay members, one each from employers’ and trade unions’ lists.
Such a set-up will promote a strict, correct observance of legal procedures but also favour deliberations and decisions that have an input from two lay members with valid practical experience of the industrial and employment environment.
In disagreement with the president of the chamber, the MEA insists that a legal provision now in place, empowering Parliament to nullify a tribunal decision, must go. A tribunal or a court of law has to guarantee justice implemented without interference. This is what separation of powers is all about.
It is unheard of that, for example, Parliament can nullify a tribunal decision to reinstate an unjustly sacked employee.
Equally adamant is the MEA in its stand that, once nominated for a defined number of years, an Industrial Tribunal chairperson should not see their nomination terminated at any time at a minister’s whim.
The law allows this termination and does not guarantee the fundamental security of tenure essential for a chairperson to fulfill the role independently, with no pressure.
We are familiar with the frequent disruptive disputes that arise when two unions confront each other for recognition. On occasion, such contestations are fought out with conflicting claims of rather high but unverified memberships.
Such clashes cause havoc and can lead to serious disruptions, such as when the airport was shut down as the Union Ħaddiema Magħqudin and the General Workers’ Union fought out a recognition claim.
To solve this messy issue, the MEA is suggesting an elementary minimal intervention.
It is universally accepted that a union’s right to recognition (which allows it to negotiate a collective agreement) should be based on the number of real members enrolled, who would have to logically be counted to validate the claim.
It is therefore logical to propose giving a legal definition, missing in the law, of ‘union member’. It is hard to count an entity that has as yet no definition, hence the proposal that “a member means a member who has an up-to-date payment of his/her union fees, which payment is evidenced by a receipt”.
The MEA is further proposing that the Registrar of Trade Unions, who has a key role to play in settling such disputes, be given the authority to demand data and documentation enabling it to establish the validity and veracity of a recognition claim.
The MEA firmly believes recognition should be granted on the strength of proven union membership and not on the strength of ballots asking employees to say who they wish to represent them.
Employers are entitled to clarity on this issue. Industrial harmony and economic welfare require it.
These are just some of the issues contained in the MEA’s document. The objective is not to stir controversy but to make a genuine attempt at updating a law to enable employment and industrial relations to occur smoothly and sensibly.
The MEA will be ready to participate in further discussions on all the issues raised, within the Malta Council for Economic and Social Development. Employers, all trade unions and many NGOs are represented on the MCESD. This should give rise to a valid debate resulting sensible recommendations to government on renewing labour laws.
Arthur Muscat is president of the Malta Employers’ Association.