Malaysia legislation
Section 10
Section 10
New sections 12a and 12b
The principal Act is amended by inserting after section 12
the following sections:
“Sole bargaining rights 12a. (1) Where more than one trade unions of workmen have been accorded recognition by the same employer or trade union of employers to represent the same workmen or class of workmen—
(a)
the trade unions of workmen concerned may decide among themselves which trade union of workmen shall have the sole bargaining rights to represent such workmen or class of workmen and shall notify the Director General; or
(b)
if there is no agreement as to which trade union of workmen has the sole bargaining rights to represent such workmen or class of workmen, the employer or trade union of employers or any trade union of workmen concerned, may make an application in writing to the Director General to determine which of the trade union of workmen has the sole bargaining rights to represent such workmen or class of workmen.
(2)
Upon receiving an application in writing under paragraph (1)(b), the Director General may take such steps to determine the application or to make such enquiries by way of secret ballot, to ascertain the highest number of votes indicating the preference for a trade union of workmen to have the sole bargaining rights to represent such workmen or class of workmen.
Industrial Relations (Amendment)
(3)
Where the result of the secret ballot shows a tie, a further secret ballot shall be carried out by the Director
General until the highest number of votes indicating the preference for a trade union of workmen to have the sole bargaining rights to represent such workmen or class of workmen is ascertained.
(4)
Upon ascertaining the matter under subsection (1),
(2)
or (3), the Director General shall decide that the trade union of workmen which obtained the highest number of votes shall have the sole bargaining rights to represent such workmen or class of workmen.
(5)
For the purposes of carrying out his functions under subsection (1), (2) or (3), the Director General—
(a)
shall have the power to require the trade union of workmen, the employer or the trade union of employers concerned to furnish such information as he may consider necessary or relevant within the period specified in the requirement; and
(b)
may enter any place where any workman is being employed to examine any record or document, or to conduct a secret ballot.
(6)
Where the Director General has made a decision under subsection (4), the trade union of workmen which the Director
General has decided to have obtained the highest number of votes shall have the sole bargaining rights to represent such workmen or class of workmen.
(7)
Subject to section 12b, the sole bargaining rights to represent such workmen or class of workmen granted pursuant to this section shall cease to exist in the event another trade union of workmen has obtained the sole bargaining rights to represent such workmen or class of workmen.
Trade unions obtained sole bargaining rights 12b. Where a trade union of workmen has obtained the sole bargaining rights to represent any workmen or class of workmen whether by a decision of the Director General or otherwise, no other trade unions of workmen shall have the sole bargaining rights to represent such workmen or class of workmen unless a period of three years has elapsed after the sole bargaining rights to represent such workmen or class of workmen has been obtained or the trade union of workmen which has obtained the sole bargaining rights is no longer in existence.”.
Amendment of section 13