KESATUAN KEBANGSAAN ANAK-ANAK KAPAL KABIN MALAYSIA Reg:1089

Date: 26 FEBRUARY 2014

PRESS RELEASE

The National Union of Flight Attendants Malaysia (NUFAM) wish to announce today in its statement that MAS have suspended the Secretary General of NUFAM, fired 3 Female Flight Attendants and have also issued 30 Show Cause letters to the Cabin Crew Union members for a gathering in Putrajaya last 27 November 2013. The Secretary General Mohd Akram Osman, a Chief Steward of MAS for 25 years was issued an allegation letter on 17 Feb 2014 for carrying out his duties as the Principal Union officer of NUFAM. MAS had claimed Mohd Akram to abuse his duties a Chief Steward of the company to attend an illegal gathering in Putrajaya on the 27 Nov 2013 and he had also issued a Unions circular to the National Union members via MAS email. We would like to clear the air over these undermining allegations made by MAS against the Secretary General. 1. Mohd Akram Osman had the authority by the Excos as well from the airline management to use the email facility to issue circulars to the members for the past many years. This facility was offered by MAS as ways to communicate with the crewmembers. However, MAS is saying now that he HAD ABUSED AND WAS WITHOUT ANY AUTHORITY to use this email facility to issue Union circulars which the Union would like to also challenge the allegations. We have all the evidence to prove of all the past emails sent to the Union members by the Secretary General as well notifying the company. 2. MAS had accused Mohd Akram to have send an email for the National Unions Executive Secretariat Encik Mahmood Abdullah who was given the authority by the Union to convey updates and latest information to the crew members via this email facility. Encik Mohd Akram had only posted these email messages and attachments directed to the Union members, which was drafted by him, the President and the Executive Secretariat. Therefore, there is no question of why Mohd Akram is to be charged wrongfully or alleged by the company to have abused this facility, as the company had never question his authority over any emails sent many times previously.
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3. Mohd Akram Osman was alleged attending the illegal gathering in Putrajaya on the 27th November 2013 using the official UNION / ASSOCIATION OFF DAY authorized by the MAS. Naturally, these official off days were used by all of its Cabin Crew who are NUFAM officials since UNION LEAVE were most time denied by the company. Therefore, claiming otherwise against him is definitely a false allegation made by MAS. More so, MAS is very much aware that these OFF DAYS were used for official meetings with the company and members to discuss Union matters. So why claimed otherwise now and accused all sorts? MAS Human Resources managers were also present in the meeting attended by the Secretary General himself on the 27th Nov 2013 with the Ministry officials. We have minutes of meeting to prove of those from MAS who attended on this very day with the Ministry. His presence in Putrajaya was also to address Union matters. We totally condemned the false and malicious allegations made by MAS to ground their employee and to suspend the Secretary General of NUFAM of his employment. There is an absolute rise of mala fide in connection to the case. 2 FEMALE CABIN CREW & 1 FEMALE UNION EXCO FIRED. MAS had fired 3 Female Flight Attendants where 1 happened to be on medical leave. The questions is why does MAS take the opportunity to fire all these 3 Cabin Crew is because: 1. They had gathered in Putrajaya on the 27 November 2013 2. They were Union members exercising their rights as Union members and also as an officer 3. They were on medical leave which we argued they were not in the companys time during the gathering 4. Their medical leave were not connected with the illegal gathering 5. Their Medical Leave approving them that they were not fit to fly as a crew and not confined to stay home. 6. Their presence in the gathering was merely to show support to the signing of a memorandum 7. The Cabin Crew were not in uniform nor were they under companys time These crewmembers had come to support their other colleagues who were also there. Although they were on Medical Leave but nothing specifically mentioned in that respect that they should be confined at home. The company cannot dictate their employees and refrain them totally fro doing other things they chose to. Once a medical leave is given to the employee, it is the rights of the employee to do what they chose to do except to fly.

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MAS must be able to accept the medical leave also as being approved by a certified doctor and companys panel of clinic. So why should these girls be fired and sacked under these circumstances? We totally condemned the actions taken by MAS against these 3 crewmembers. We believed MAS had targeted these crewmembers for certain reasons only known to them. The National Union demands MAS to reinstate the Secretary General and those they fired. We also urged MAS to withdraw all Show Cause letters issued to the 30 crewmembers immediately. We also urged MAS to stop all Union Busting activity against NUFAM and its members. SHOW CAUSE LETTERS ISSUED TO THE NATIONAL UNIONs OFFICE BEARERS AND 30 CABIN CREW. MAS had abused their authority as employers when they questioned the Union members from gathering peacefully in Putrajaya. Show cause letters were issued to these crewmembers by reason of an illegal gathering as claimed by MAS. This is absolutely nonsense where MAS have denied the rights of the Union members to gather in any assembly organized by the Union leaders or Union members themselves. The rights of these members should not be question when they are actually exercising their rights as union members crew members to hand over a memorandum to the Ministry. MAS have totally disregarded the Trade Union members of their rights to assemble in a lawful gathering and which was never ILLEGAL in the first place. Under the Industrial Relations Act 1967 Part 4, any gathering made in peaceful manner is allowed and any Union members can participate in such Union activities. Why is MAS denying these rights and curbing the Union members from such activity? Any members of the Union can also attend a PICKET or PROTEST as long a Trade Union official is present at time of the picket. Why is MAS claiming otherwise and should claimed the gathering was illegal? The crew behaved professionally and the assembly was a peaceful one. It only lasted 1 hour. No authorities or police had detained these crew members and neither one of them were prosecuted for this gathering. MAS CLEARLY VIOLATED THE INDUSTRIAL LAWS & CARRYING OUT UNION BUSTING AGAINST NUFAM & ITS MEMBERS The National Union President Ismail Nasaruddin was fired from MAS without proper justification on 29 Nov 2013. There was also no Domestic Inquiry carried out on the case before the dismissal. MAS claimed this dismissal as SUMMARY DISMISSAL.

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MAS has violated so many Industrial Relations clauses and they keep denying the facts that they have Union Busted against NUFAM and its members. MAS had also on many attempts Union Bust the National Union 1. 2. 3. 4. 5. Firing NUFAM officials and its members Harassing Union officials while they campaign with crew members at KLIA airport Threatening the Union officials with legal law suits Banned NUFAM officials from entering the companys premises Denying the Union officials to represent their Union members in Domestic inquiry hearings 6. Denying the Union officials of their Union Leave entitlement 7. Depriving the Union of its Check Off facilities 8. Threatening members from taking part in the Unions Picket These are all clear evidence of Industrial Relations violation and UNION BUSTING activity done against NUFAM. The question now is what are the authorities doing about all these complaints? There seem to be no firm action taken against MAS over their doings and the Union and its members are choked up by the companys Union Busting activities. We believed if this action remains in MAS, many employers would use these form of tactics to against other Unions in this country. Where an employer is deemed to have violated the IR laws, the walk away freely. Companies will continue to ambush the unions, suspend and fire Union officials without justification. How will Unions officials operate when these employers continue to violate these laws? There seem to be no control or total freedom given to the workers to defend their rights and exercise this freedom as Union members. There is a need to control employers who fights or Union Bust against the Unions. NUFAM believed it has become a victim of vicious Union Busting attacks by MAS for so many years. MAS had used their invisible influence and powers to hold back the National Union from coming in even after the Minister of Human Resources gave the recognition to NUFAM to represent its airline Cabin Crew. These are evidence which the authorities should act upon MAS.

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WHERE IS THE NATURAL JUSTICE FOR THE WORKERS IN THE COUNTRY IF UNION BUSTING ACTIVITIES REMAINS IN OPEN. There have been many reports in regards to Union leaders being fired and Union Busting activities have become more rampant in this country. The set back of all these issues are reasons where employers believed they could stop any Union to exercise their rights with the workers. Union Busting is a tactic used by the employers against Unions and they seem to have all the freedom to do so as there is a lack in control of such activity by the authorities. Employers can deploy all forms of Union Busting tactics as they are allowed to breach these laws. Employers escaped fines or even jail term as they know the loopholes are plenty in the system. The National Union is calling the Government to reform and install Union rights for the workers in this country and that it demands the laws to be changed. From seeking recognition rights to the time where the Union is recognized to negotiate the Collective Agreements, employers are always misbehaving by applying delay tactics. In true fact, employers were the ones and violated these laws more than the employees. The National Union is seeking the Minister of Human Resources to exercise its highest powers and punish employers who often violates the Industrial laws. Unlike in overseas where laws are strict on Union Busting, employers are summoned to give statement to the public of why they violated the Union laws. We do not see any such thing happening in this country. We hear more and more of Union officials and its members are being fired for organizing or participating in Union activities. It is time MTUC revisit the Trade Union laws and push for amendments to these laws. We disagree that employers are given more rights then the workers as there should be equal responsibility by all parties involved to retain industrial harmony. We also learnt that many electronic workers and other Industrial workers being denied of their Union rights or being thrown out of jobs because of their involvement in Union activities. There should be a total freedom of association and freedom to represent the workers in this country. Unions should also not be seen colluding with employers as otherwise they defeat their objectives and purpose to represent the workers. There will issues of abused within the powers of the Unions when Unions are seen more in favor for the employers then the workers most times. Therefore, there is a need to reform the Union system now in Malaysia as well to reform the rights of the employees who chose to be involved in a Union.

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We urged the Human Resources Minister, Attorney General office, DGIR & DGTU to review the system, putting a control on all misbehaviors and tactics used by the employers against a Union. A UNION BUSTING law should also be implemented in order to avoid many Industrial disputes between Unions and employers, avoiding Court Judiciary Reviews on Ministers final decision or Court Injunctions to avoid massive problems to the workers and wastage in legal funds. UNION BUSTING LAWS IN MALAYSIA MUST BE IMPLEMENTED TODAY TO SAVE THE WORKERS & THE INDUSTRY FROM BEING DOOMED!

THE NATIONAL UNION OF FLIGHT ATTENDANTS MALAYSIA (NUFAM)

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