Preface
Main Tasks for EXCO
New EXCO Team Members
Roles And Functions Of WorksiteCommittees
New Membership
Annual Honorarium Payment
Allowances
Scholastic Awards
Benevolent Fund And Assistance
Collective Bargaining
Grievance Handling
Seminars/Courses
Arbitrators

    This is the second revision of the SABAH PETROLEUM INDUSTRY WORKERS UNION Administration Manual which
    contains updated information and improvements superceding the previous Manual of July 17, 1999.
    However the prime objective of this Manual remains as a guideline and helpful reference for the proper administration of
    the Union.
    The Executive Council is bounded by the prescribed framework, but in exceptional cases may require the Executive
    Councils’ decision.
 

    Approved by:
 
 

    BRO. BONIFACIO OBON                                              BRO LIM YUNN SHYONG
          PRESIDENT                                                                            SECRETARY
 
 
 

    Endorsed at the 6th BGM
    Date: 8th September 2001

• To build a strong, effective and responsible Union in their work place in order to strengthen the Union and to build support for the Union's program among the members in their worksit.

• To protect members' rights in their place of work, to get the best possible conditions for them within the scope of the Collective Agreement, to watch for any violations of the Agreement of Labor Laws and to help settle grievances.

• When new employees join Companies which has given cognizance to the Union, the EXCO or Worksite Committee should approach him/her to invite him/her to join Union. They should get off a good start by showing a friendly interest and explain Union functions and activities within the Company to the new comer.

• The EXCO and Worksite Committee are responsible for keeping members informed of all Union activities and policies, they should see that all Union publications, newsletters and literatures are distributed to the members effectively.

• Good attendance at meetings is an important factor in building a strong and democratic trade union. The EXCO should of course set an example and also urge all members to attend. Good. attendance at all Union meeting is the simplest expression of members' faith and support for EXCO and Union. Thus in building a strong Union, the EXCO should:

• Welcome newly elected EXCO team members and briefing.

• Self introduction by team members and state their objectives and responsibilities as Union Officials.

• To provide them with updated membership list.

• To provide them with updated names of SSPC, ESSO and PST members

• Industrial Relations personnel names.

• SPIWU set up.

• Collective Agreements  SSPC STSB, ESSO, PST etc.
• Industrial Relations Act
• Trade Union Act
• Employment Act 1955
• Sabah Labor Law
• Union Constitution
• Code of Conduct for Industrial Harmony
• Tripartite Declaration of Principles
• Letter of Understanding between SPIWU/SSPC/STSB/EBSB/PST.
• Membership application forms and other related forms.
• SOCSO.
• Contacts of various Union Officials.
• Malaysian Trade Union Congress (MTUC) set up and other affiliated organization.
• International Federation of Chemical, Energy and General Worker's Union, Brussels set up and affiliation

• Worksite committees are the members’ closest Union officials. They are elected or appointed by members in their place of work

• They are officials on site when problem arises concerning the welfare of its members.

• The worksite committee have been recognized as leaders by members who know them best.

• They place confidence and responsibilities in the Worksite Committee.

• When worksite committees are alert, helpful and fair in handling their problems, members generally form a good opinion of Union.

• The worksite committee must know and understand the program and policies of their Union and they must inform all members in their various locations. This is a great responsibility, the worksite committee have to devote a considerable amount of time to their duties to provide fellow members with maximum Union service and benefits.

• Beyond this and backing up the worksite committee should therefore keep a close touch with the Union to be able to use the whole resources of Union to the maximum.

• Impartial, fair, objective and business like.

• Quick to grasp information and facts and to be able to use them effectively.

• An enthusiastic trade unionist who is able to sell idea to his fellow members.

• Courage enough to talk to members when he is wrong and always to support member when he is right and stand up to the Management.

• A watch dog in their places of work is to ensure that members are not bullied or victimized by Management.

• The link between members and officials of the different locations.

    At all times the worksite committees must know the Union/Management Collective Agreement (i.e. SPIWU/SSPC/STSB
    /ESSO/PST). They must read every word and go over with their Union officials and understand it so that they will be able to
    know whether the Management is following the agreement or breaking it.

    They must know all the work around them thoroughly. The worksite committee must know what is expected from the
    average worker and what a fair day's works should be, and he must know the people they work with and know the
    Union's organization.

    The worksite committee must know the procedure for handling grievances thoroughly. The endorsement of the Collective
    Agreement depends on it. It is the duty of worksite committee to be fully aware of the member's grievances and
    process by which they are solved. The worksite committee should avoid delay in settling worker's problem. Promptness
    builds Union morale.

• The Union officials or appointed Worksite Representatives shall invite a newly confirmed employee by conducting a brief interview including filling necessary details in the new membership, invitation form on the spot.

• The Union officials or appointed worksite representatives shall explain the benefits and advantages being a Union member.

• The invitation and new membership application forms shall be sent to the Secretary via worksite secretary. Application form should be accompanied by 2 copies of passport size photographs for the issuance of membership card.

• The approval of new members shall be endorsed during next EXCO meeting and upon approval, the President shall write and welcome the new member. A copy of Union constitution & Collective Agreement shall be extended and followed by the membership card when it is ready.

• Application from employee

• who has earlier rejected Union invitation shall only be considered on the condition he/she makes a monetary contribution equivalent to an amount of arrears from subscription, levy etc calculated from the date of Union invitation to the day his/her application is approved.
• who has resigned from Union without justified reasons shall only be considered on the conditions he/she makes a monetary contribution equivalent to an amount of arrears from subscription, levies etc calculated from the date of his resignation to the day his application is approved.

Note: Justified reasons:
i)  transfer to other states
ii) promotion to management category
iii) other reasons the EXCO deems justified

• PRESIDENT                                              RM600 Per year

• VICE PRESIDENT                                    RM200 Per year

• SECRETARY                                            RM800 Per year

• ASSISTANT SECRETARY                      RM200 Per year

• TREASURER                                            RM800 Per year

• ORDINARY COUNCIL MEMBER         RM200 Per year

• WORKSITE SECRETARY                      RM100 Per year

    Incidentals, meals and transport allowances

    EXCO and members traveling outstation to attend meetings, courses and seminars shall be reimbursed the following
    expenses supported by Internal Payment Vouchers and Receipts:
 

• Incidental allowances to cover expenses such as laundry etc. (MR16 per night)

• Taxi fare incurred:
• house/airport/house
• airport/hotel/airport
• airport/meeting venue/airport
• house/meeting venue/house
• other justified taxi fares e.g. office/ xxx /office
• Meal allowance ($5 per meal)

Accommodation will be arranged by the EXCO. The above rate will not be payable for members who attend SPIWU Biennial General Meeting.

• Allowance during negotiations.

• A return airfare for outstation negotiator after two weeks of meeting and during a longer break period.
• Accommodation for outstation negotiator will be arranged by EXCO.
• Transport allowance of $5 per day for the local based negotiator (KK and Labuan).
• Group lunch will be provided by Union for local based negotiators.
• 3 meal allowance per day will be reimbursed for all outstation negotiators.

• Insurance coverage

    Members whose children qualify for Scholastic Awards, are required to submit their Examination results to the Worksite
    Secretaries before the end of May, each year. Examination results are to be verified by worksite Secretaries and produce
    a summarized list to the Treasurer of SPIWU to arrange for payment.

    Awards are as follows:
 

• PTS Promoted to Primary 5                              MR30

• UPSR Grade A (3As)                                       MR50

• PMR 5 As & Credit in BM                               MR70

• SPM Grade 1                                                   MR100

• * STPM 3 Principals and 1 Subsidiary               MR150

• * Diploma 1st  Certificate                                  MR150

• University 1st Degree  (equivalent diploma)        MR200

• University Master Degree                                  MR400

    Momento For Retirees, President, Secretary & Treasurer
 

• Upon completion of tenure as President, Secretary & Treasurer, a momento would be given to each of them as a token of appreciation for their dedicated service to the Union.

• The cost of momento should not be more than MR50.

• For members retiring from service with their respective Company a momento worth MR100 would be given.

• The kind of momento will be decided by the Executive Council.

• Every bargainable employee who intends to join Union as a member is compulsory to contribute MR30.00 to Benevolent Fund upon submission of his application. In the event of his/her application is rejected, then the contribution made shall be refunded.

• Every member of Union is entitled to the Benevolent Assistance under the following conditions.

• If member is single, the Benevolent Assistance is payable in order of preference to the following.

• the parents
• the next of kin who is responsible for his burial if member no longer has parents.

• If member is married, the Benevolent Assistance is payable in order of preference to the following.

• the legal spouse (For Muslim member who has more than one legal wife, the Benevolent Assistance is payable to legal wife who is responsible for his burial)
• Eldest child if the spouse is deceased or has been divorced.
• Parents or next of kin who is responsible for his burial if the deceased member no longer has any legal spouse and children.

• All payments shall made to the beneficiary’s bank account.

    NOTE:- If due to difficult situations or circumstances where the order of preference of the beneficiary could not be
    applied, the EXCO has the sole discretion to decide whom the Benevolent Assistance is payable to. The decision of
    EXCO shall be final.

• As there are brothers and sisters being Union members, each is entitled to separate and individual Benevolent Assistance in the case of death of parents.

• Benevolent Assistance is payable irrespective of the number of times to the member upon the death of legal spouse. (Legal spouse as defined under and within the Malaysian Legislations).

• Procedures for claiming Benevolent Assistance

• The affected member shall submit one photocopy of death certificate, birth certificate and matrimonial certificate whichever is or are applicable to the claims to the Worksite Secretary who shall contact the President or Secretary.
• The Secretary General shall verify the claim and inform the President to direct the Treasurer to issue payment of the Benevolent Assistance to the Worksite Secretary who shall hand the Benevolent Assistance to the affected and bereaved member or party.
• The Secretary or any of the EXCO member on behalf of the Union shall send a message of condolence in the forms of cards, wreaths etc to the bereaved family or party.
• If any claim is found to be false, then the Union shall demand for the refund and if that fails the Union shall take appropriate legal action against the party concerned.

    Collective bargaining is a very important business to the Union. Therefore a procedure should be set up to ensure
    selection and formation of negotiation team is proper and impartial; and principles of negotiation adopted are not deviated.

   Selection and formation of Negotiation Team
 

• The executive council will select and form the Negotiation Team.

• The members shall pass a resolution on secret ballot to give them the mandate if one of the Negotiation Team     member  is not Union Principal Officer.

• It is preferably that Negotiation Team comprises of Union Officers and worksites committees including location representatives.

• In exceptional case, executive council must give its approval first if suggested member does not hold any Union position in Executive Council and/or worksite committee.

• There should be at least one female member in the team, reason being for better representation and thus any matter relating to female workers can be properly highlighted and understood.

• The Negotiation Team must set a target period of 3 months to either conclude a Collective Agreement or reference to arbitration.

• The Negotiation should be continuous without unnecessary break. This should be part of the ground rides of Collective Bargaining.

• A spokesman of the Negotiation Team shall be appointed by Executive Council.

• The spokesman must report the progress of negotiations to the Executive Council. (The Secretary will act as focal point on this matter).

•  The Negotiation Team must make its recommendation to the Executive Council if they desire to refer the trade dispute for conciliation or arbitration if deadlock is encountered.

• The Negotiation Team must require approval of Executive Council if they desire to refer the trade dispute for arbitration in the Industrial Court.

    A grievance is a violation of the Collective Agreement, interpretations, working rules or customary practices. There are
    two types of justified grievance, one bases upon a violation of specific provisions of the Collective Agreement,
    understandings, minutes, law, health and safety regulations exposure to extreme mental or physical hardships.

    If a grievance arises, the grievance procedures in each respective Collective Agreements should be adhered to.

    Acting on the Grievance  (Guidelines)
 

• Try to obtain full story from member who has made the complaint ? details, dates & witness etc.

• Go out and get additional facts. Talk to other members or their Supervisor. Make notes, so that you have a record and check back to verify facts.

• Understand the specific job, aggrieved worker does. You may have to look at the machine as well as be aware thoroughly of the worker's job before you  present your case.

• Check the contract carefully, be sure of the "ifs" or "buts" which can make a lot  of difference to the interpretations of the clauses of the contract.

• Discuss the grievance with other Union EXCO member if you are in doubt of the contract or regulations which cover the issue.

• It is the objective of Union to ensure that Executive Council and Worksites Committees including location representatives are given appropriate training in order for them to carry out their union duties effectively and efficiently.

• The President shall draw out a plan for training needs of Union Officials and also its budget before Biennial General Meeting, subject to Executive Council approval.

• After BGM, the President may make changes to the training plan if necessary because of the possible change of Union Officials.

• For unplanned courses, the President shall nominate the candidate with consultation with the Secretary and Treasurer. The President or Secretary will notify the candidate. The Secretary will inform the Executive Council and Worksites secretaries. This shall be endorsed at the following Executive Council Meeting.

• On completion of course, the participant has to submit post course evaluation report to the Secretary. The knowledge and skills gained will be later transferred to other members through Union in?house training seminars.

• Education Committee has been set up to look into Union's in?house training needs for grass root levels.

•  To identify the training needs of Union Official for him/her to carry out his/her duties.
• To determine the number of candidates.
• To adhere to approved budget.
• Criteria for selection to attend unplanned courses:
• Position held in Union
• Training need
• Objectives of Union

Lawrence Voon
President Sabah Medical Services Union
Lintas Plaza
Tel: 0198102370

Normah Khamis,
Secretary SAREMU,
Locked Bag 2016,
88999 Kota Kinabalu.
NIRC: H0416806
Tel: 088-212311

John Harris,
Secretary SPAEU,
Sabah Port Authority,
88617, Kota Kinabalu.
NRIC 641019-12-5258
Tel: 211511 ext 192
       714926
       0168381289

Ong Seng Huat
Vice-President KKPPS
Tkt 1 Bangunan Pejabat Pos Besar
88670 Kota Kinabalu
NIRC 500927-12-5281
Tel: 016-8366683

Catherine Jikunan
Secretary Sabah Banking Union
Tel: 287264

b) The  arbitrator is required to put in writing if he wishes to terminate appointment as arbitrator.