RULE 1
Name and Registered Office
Contents
1. The trade
union formed under these rules shall be known as The Sabah Petroleum Industry
Workers Union
(hereinafter referred to as the Union).
2. The
registered office and place of meeting shall be at Block N, Lot 4, 2nd Floor,
Sinsuran, P.O.Box 11087,
88811 Kota Kinabalu, Sabah or any other place determined by the Executive
Council.
1. The objects of the union shall be:
(a) To secure the complete Organization of all much
workers an are specified in Rule 3(l) and to promote the
industrial, economic, social, and intellectual interests of It’s members.
(b) To obtain and maintain for its members just and
proper rates of remuneration, security of employment, and
reasonable hours and conditions of work and to provide advice and assistance
accordingly.
(c) To regulate relations between employer and employee,
between member and member, and between
members and other workers, and to adjust any difference between them by amicable
and conciliatory means.
(d) To further, financially or otherwise, the work or
purpose of any lawful association or body having for its objects the
promotion of the interests of Labour, trade unions and trade unionists, subject
to the provisions of section 50
of the Trade Union Act 1959.
(e) To promote the material, social and educational
welfare of the members in any lawful manner in which the general
meeting or the Executive Council may deem expedient.
(f) To provide, If decided upon by the Executive
Council, legal assistance to members in connection with their
employment.
(g) To provide, if decided upon by the Executive Council, such benefits as victimization pay and dispute pay.
(h) To promote legislation affecting the Interests of the members in particular or trade unionists in general.
(i) To undertake, if decided upon by a general meeting,
the editing, printing, publication and circulation of any journal,
magazine, newsheet or other printed literature for the advancement of the
objects of the Union or the promotion of
the interests of its members.
(j) To establish, if decided upon by a general meeting,
a Benefit Fund and to draw up rules governing such fund. These
rules shall not become operative until they are registered by the Registrar of
Trade Unions.
(k) Generally to do any of the things that a trade union is permitted to do by law.
2. These objects shall be promoted in accordance with the Rules and Constitution and the Trade Union Act, 1959.
1. Membership of the Union shall be
open to all workers whether monthly paid or daily rated who are employed
by
petroleum companies (excluding workmen employed in kerb side pumps,
filling/service stations) In the exploration,
production, refining,
manufacturing, processing, distributing and marketing of petroleum and its by
products, etc,
irrespective of sex,
creed or racial origin, who are above the age of sixteen and whose place of work
is in the State of
Sabah; provided that no
person for whom education is provided under the Education ordinance, 1961, shall
join or be a
member of the Union,
unless he is:
(a) Bonafidely employed as a workman as defined in the Trade Unions Act, 1959, and
(b) Over the age of eighteen years.
2. A member of the Union who has not
attained the age of eighteen years shall not be entitled to vote on any of
the
following matters:
(a) Strike and all matters relating thereto;
(b) The imposition of a levy;
(c) Dissolution of the Union or any federation with which it may be connected;
(d) Amendment of the Rules of the Union where such amendment
results in increasing the liability of members to
contribute or in decreasing the benefits to which members are entitled.
3. A person who is under the age of twenty one shall not be an officer or a Trustee of the union.
4. Application for membership shall be
made In a form prescribed by the Union and, shall be forwarded to the
Secretary,
who shall submit it to
the Executive Council for approval. The Executive Council may, at its
discretion, reject any
application without
assigning any reason thereof.
5. Every applicant whose application
has been approved by the Executive Council shall, upon payment of the
prescribed
entrance fee and first
monthly subscription, be registered in the Membership Register as a member
and supplied with a
copy of the Rules of
the Union free of charge
1. The subscriptions payable shall be as follows:
1. Entrance fee $10.00
2. Monthly Subscription Fee
(i) Monthly salary below
$800.00……………….. $ 8.00
(ii)
Monthly salary $800.00 and above………….$10.00
2. Any increase in the above rates shall be decided by secret ballot in accordance with Rule 25.
3. All monthly subscriptions shall be payable on the first working day of each month.
4. Any member whose subscription is three months in arrears or who is employed in any occupation, trade or industry.
5. Other than that specified in Rule
3(l) shall thereupon cease to be a member of the Union and forfeit all interests
in the
Union and his name shall be deleted from Membership Register.
6. Any person whose membership has
been terminated on account of arrears may, apply for re-admission as a new
member
in accordance with Rule 3.
7. The Executive Council shall have
the power to fix reduced rates of monthly subscription for members or to
exempt
Members temporarily from paying monthly subscriptions and levies (if any), in
cases of unemployment, sickness or other
genuine
hardship.
Any member who
wishes to resign from the Union shall give at least one week's notice In writing
to the Secretary and
shall pay up all
dues.
Except as otherwise provided in the Rules, all members of the Union shall have equal rights in the, Union.
1. It shall be the duty of each member to see that his subscriptions are, paid regularly and that official receipts for them
2. Are obtained. The responsibility
for keeping payments of Subscriptions up to date shall rest with the members and
not
with any officer of the Union.
3. It shall be the duty of a member to
notify the Secretary as soon as possible of any change of address or place
of
Employment.
4. Any member who attends a Union
meeting or uses the Union premises must behave in an orderly
manner; otherwise
he may be instructed to
leave by any responsible officer of the Union.
5. No document or circular concerning
the Union shall be issued by any member unless such document or circular has
been
approved by the Executive Council, and no member shall divulge the business or
affairs of the Union to any nonmember,
other organization, or
the Press without such approval.
6. No member of the Union shall become
a member of any other trade union except with the permission of the
Executive
Council.
7. Failure to comply with or observe any of the Rules may entail disciplinary action by the Executive Council.
1. The supreme authority of the Union
shall be vested in a general meeting except in respect of matters on which
decisions
hall be taken by secret
ballot in accordance with Rule 25.
2. Subject to the foregoing provisions, the Union shall be governed by the Executive Council.
1. The Biennial General Meeting of the
Union shall be convened as soon as possible after 31st March and not later
than
30th September every alternate year. The date, the time, and the place for the
meeting shall be decided by the Executive
Council.
2. A preliminary notice of the
biennial general meeting stating the date, the time and the place of meeting and
calling for
motions for discussion
at the meeting (including motions for amendment of the Rules) and nominations
for election of
members of the
Executive Council shall be sent by the Secretary to all members at least twenty
eight days before the date
fixed for the
meeting.
3. Nominations for office in the Union
and motion for discussion at the meeting shall be sent by members to the
Secretary
not later than fifteen
days after the receipt of the preliminary notice. All nominations shall be made
on a form prescribed
by the Union and shall
include the following particulars :
Title of office being contested, name of candidate, NIRC No., date of birth,
address, occupation, Federal
citizen Certificate No. (if any) and the total period he has been employed in
the occupation, trade or industry
specified in Rule 3(l). No nomination shall be valid unless:
(a) It in signed by at least three supporters who are members in benefit and
(b) It contains the express consent of the candidate to stand
for election.
4. The Secretary shall send to all
members at least seven days before the meeting an agenda including motions,
copies of
reports and accounts,
and the required number of ballot papers and envelopes for the
election of member of t he
Executive council
and in connection with any other matters to be decided by secret ballot.
5. One fourth of the total number of members who are eligible to vote shall form quorum for a biennial general meeting.
6. If a quorum is not present one hour
after the appointed time, the meeting shall be postponed to a date (not
exceeding 60
days) to be decided by
the Executive council.
7. If a quorum is not present one hour
after the time appointed for the postponed meeting, the members present shall
have
the power to proceed with the business of the day but they shall not have the
power to alter the Rules of the Union.
8. The business of the biennial
general meeting shall be to receive reports from the Secretary, the Treasurer,
and the
Executive Council; to
consider and determine all matters affecting the welfare of the members and the
progress of the
Union; to appoint
Trustees and Arbitrators when necessary, internal Auditors, and scrutineers; to
consider and determine
all other matters
included on the agenda; and to receive the scrutineers' report on the ballot
taken for election of the
Executive
council.
1. An extraordinary general meeting shall be convened:
(a) Whenever the Executive Council deems it expedient, or
(b) at the joint respect in writing by
not less than one fourth of the total number of members who are eligible
to
vote,
stating the object and reason for such meeting.
2. An extraordinary general meeting
requisitioned by members shall be convened for a date within fourteen days of
the
receipt of such requisition.
3. Notice and agenda for an
extraordinary general meeting shall be forwarded by the Secretary to all members
at least
seven days before the
date fixed for the meeting.
4. The provisions of Rule 9 regarding
the quorum and the postponement of a biennial general meeting shall also apply
to
an
extraordinary general meeting but with the proviso that if no quorum is present
one hour after the time appointed for a
postponed extraordinary
general meeting requisitioned by members the meeting shall be cancelled and no
extraordinary
general meeting shall
be requisitioned for the same purpose until after the lapse of at least six
months from the date
thereof.
1. An officer of the Union shall mean any members of the Executive Council of the Union.
2. No person shall be elected or act as officer of the Union if:
(a) He is not a member of the Union or,
(b) He is not over 21 years of age; or
(c) He is not a citizen of Malaysia; or
(d) He has not been employed as specified in rule 3 (1) for a period of at least three years; or
(e) He has
been a member of the Executive of any Trade Union the registration of which has
been cancelled under the
provisions of paragraph (iv) or paragraph (vi) of subsection (1) (b) of
section 15 of the Trade Unions Act, 1959; or
(f) He
has been convicted by any court of law of criminal breach of trust, extortion or
intimidation or of any other serious
offences or
(g) He is an officer or employee of a political party.
3. Subject to the approval of a
biennial general meeting the Executive Council shall have the power to employ
persons it
deems necessary;
provided that no much employee shall be an officer of the Union or shall act on
its behalf or any of its
officers or shall
communicate with any outside body or person on matters concerned with or
affecting the interests of its
members.
Provided further that no person shall be thus employed if:
(a) He is not a citizen of Malaysia; or
(b) He has been convicted by any court of a serious offence and has been not received a free pardon respect thereof; or
(c) He is an officer or an employee of any other trade union; or
(d) He is an officer or employee of a political party.
1. The government of the Union
and the conduct of its business, including trade disputes in the period between
biennial
general meetings shall
be vested in the Executive Council.
2. The Executive Council shall be
composed of a President, a vice President, a Secretary, an Assistant Secretary,
a
Treasurer and four Council Members. Members of the Executive Council shall be
termed officers of the Union. They
shall be elected
biennially by a secret ballot of all the members; provided that if any candidate
for office is unopposed and
his nomination has been
made in the manner prescribed in Rule 9 (3), he shall be deemed to be
automatically elected and
his name shall be
excluded from the ballot paper for the election of officers. Members of the
Executive Council shall hold
office from one general
meeting to another; provided that if at an extraordinary general meeting a "No
Confidence"
motion against the
Executive Council is passed by a two thirds majority, the Executive Council
shall immediately begin to
function on a caretaker
basis and shall, within one month of the Extraordinary General Meeting, cause a
fresh election of
officers to be
conducted by secret ballot. Officers elected in this manner shall hold office
until the next biennial general
meeting. Whenever a
change of officers takes place the outgoing Officers or Executive council shall,
within one week
hand over to the
incoming officer or Executive Council all records pertaining to his or their
office.
3. The Executive Council shall
meet at least once in three months, and one half of its total number shall form
a quorum. The
minutes of an
Executive Council Meeting shall be confirmed at the next meeting of the
Council.
4. Executive Council meetings
shall be convened by the Secretary, under the direction or with the approval of
the
President. Five clear days notice of meeting shall be given except in the case
of an emergency meeting when shorter
notice may be given.
Requests for meetings by other members of the Executive Council shall be made in
writing and
addressed to the
Secretary.
5. When any matter requiring the
immediate decision of the Executive Council arises and this is not possible or
convenient
to convene an
emergency meeting, the Secretary may, with the approval of the President, obtain
a decision by means
of a circular letter.
The following conditions must be fulfilled before a decision of the Executive
council is deemed to have
been obtained:
(a) The issue
and proposed action must be clearly set out in the circular and copies of the
circular must
be forwarded to all members of the executive Council.
(b) At least one
half of the members of the Executive Council must indicate in writing whether
they are
in favor or against the proposal; and
(c) The decision must be a majority of those who have thus indicated.
6. A decision obtained by
circular shall be reported by the Secretary to the next Executive Council
meeting and recorded in
the minutes
thereof.
7. Any member of the Executive
council who fails to attend three consecutive meetings of the Council shall be
disqualified
from holding
office unless he is able to give a satisfactory explanation to the Executive
Council.
8. In the event of the death,
resignation or disqualification of a member of the Executive Council, the
candidate who receive
the next highest number
of votes at the previous election for the post affected shall be invited to fill
the vacancy. If there is
no such candidate or if
such candidate declines to accept office, the Executive Council shall have the
power to appoint
any other member to
fill the vacancy.
9. Subject to the Rules of the union
and the provisions of the Trade Unions Act, 1959, the Executive council may
exercise
all such powers and
perform all such acts as it deems necessary for promoting the interests of the
Union and attaining its
objects.
10. The Executive Council shall
protect the funds of the Union against extravagance and misappropriation it
shall instruct the
secretary
or any other officer to prosecute any officer, employee, or member
for misappropriating or with holding any
money or property belonging to the Union.
11. The Executive Council shall give
instructions to the Secretary and other officers of the Union for the conduct of
the
affairs of
the Union. It may subject to the, provisions of Rule 11 Para 3, employ such
persons it deems necessary to
carry on
the day to day administration of the Union and fix their remuneration. It may
suspend or dismiss any officer or
member of
the staff for neglect of duty, dishonesty incompetence refusal to carry out the
decisions of the Executive
Council or
for any other reason which it deems good and sufficient in the interest of the
Union.
12. It shall give Instructions to the Trustees regarding the investment of the funds of the Union.
13. The Executive Council may
suspend from benefir or expel from membership, or prohibit from holding any
office, any
member who in its judgement in guilty of attempt to injure the Union or of
action 13. 13. Contrary to the Rules of the
Union or who makes or in any way associates himself with any defamatory,
scurrilous or abusive attack on the Union,
Its Officers or the policy of the Union provided that a decision to expel
a member shall take effect only from the date
it is ratified by at least 50% of the members of the Union by secret
ballot. The order of suspension or prohibition shall
specify the period for which It shall be effective and the conditions under
which it way be withdrawn.
14. Between biennial general meetings
the Executive Council shall interpret the Rules and, when necessary
determine any
point on
which the rules are silent.
15. Except where a secret ballot
of the membership is required, the decision of the executive
Council shall be binding
on
all members of the Union unless and until countermanded by a resolution
of a general meeting.
1. The Executive Council shall set up
a Worksites Committee of 3 but not exceeding 5 at every worksite, work centre
or
town where 10 or more members are employed.
2. The number on the Committee shall depend on the size of membership but in no case shall it be less than 3.
3. The Committee shall be elected biennially by show of hands be all members in the worksite, work centre or town.
4. At the first Worksite Committee meeting they shall elect a Chairman and a Secretary from among themselves.
5. The Worksite Secretary shall
maintain close liaison with the Secretary of the Union and assist the Union at
the Worksite
level.
6. The Worksite Committee shall
function primarily on an advisory basis and look after the interest and welfare
of the
members in its area including making representation to Management/Employers but
it shall have no executive powers.
The Executive Council
shall have power to discipline and dissolve Worksite Committees.
1. The President shall during his term
of office preside at all general meetings and all meetings of the Executive
Council and
shall be responsible
for the proper conduct of all such meetings. He shall sign the minutes of each
meeting at the time they
are approved. He shall,
in conjunction with the Secretary and the Treasurer, sign all cheques on behalf
of the Union,
superintend the general
administration of the affairs of the Union, and endeavor to secure the
observance of the Rules by
all concerned.
2. The Vice President shall in the absence of the President, act for and have the powers vested in the President.
3. The Secretary shall conduct
the business of the Union in accordance with the Rules and shall carry out the
instructions of
the general meeting and
of the Executive Council. He shall supervise the work of any staff engaged by
the Union. He shall
be responsible for
conducting all correspondence and keeping all books, documents and papers
belonging to his office in
such form and manner as
the Executive Council may direct. He shall attend all meetings and record the
proceedings. He
shall prepare or cause
to be prepared the report to the biennial general meeting. He shall prepare or
cause to be
prepared the annual
returns and all other documents required by the Registrar of Trade Unions and
shall forward these to
him by the prescribed
dates. He shall keep a membership register containing the names and the
addresses of the
members, their
membership number and the date on which they joined the Union. In conjunction
with the President and
the Treasurer, he shall
sign all cheque on behalf of the Union.
4. The Assistant Secretary shall
assist the Secretary in all the administrative work of the Union and shall act
for him in his
absence.
5. The Treasurer shall be responsible
for all monies received and paid by him on behalf of the Union and for the
proper
keeping and posting of books of account as required under the Trade Unions
Regulations, 1959. He shall issue an official
receipt for each and
every sum of money received by him and no other officer or employee of the Union
shall receive
money or issue receipts
without the specific authority of the President given in writing on each and
every occasion. He
shall be responsible
for the safe custody of all books of account and subsidiary documents of the
Union and shall not
remove them from the
official place of business without the specific authority of the President given
in writing on each and
every occasion. He
shall prepare a statement of accounts for each business meeting of the Executive
Council and for the
biennial general
meeting. He shall, in conjunction with the President and the Secretary, sign all
cheques on behalf of the
Union.
1. Three trustees who must be over
twenty one years of age and who must not be a Secretary or Treasurer of the
Union
shall be appointed at the first biennial general meeting and shall hold office
at the pleasure of the Union. They shall have
vested in them all the
real and personal estate whatsoever belonging to the Union and shall deal with
them in much manner
as the Executive
Council may direct.
2. The Union shall have power to
purchase or to take upon lease for its purposes as trade union and in the names
of the
Trustees any Land or any building and subject to any written or other law which
may be applicable to sell, exchange or
lease any such land or
building which may be so purchased.
3. The Trustees shall not sell,
withdraw or transfer any of the property of the Union without the consent and
authority of the
Executive Council
conveyed in writing by the Secretary and the Treasurer.
4. A Trustee may be removed
from office by the executive council on the ground that owing
to ill health, unsound mind,
absence from the
country or any other reason he in unable to perform his duties or unable to do
so satisfactorily. In the
event of the
death, resignation or removal of a Trustee before a biennial general meeting the
vacancy shall be filled by the
Executive
Council.
5. The biennial general meeting
may appoint as sole trustee for the Union a trust company as defined in the
Trust
Companies Ordinance, 1949 or any written law governing trust companies in the
State of Sabah and in the event of such
appointment, references
to “Trustees” in the Rules shall be interpreted as references to a trust company
so appointed.
1. Two internal Auditors, who
must not be members of the Executive Council, shall be appointed by the biennial
general
meeting. They shall
audit the accounts of the Union at the end of each quarter and submit a report
to the Executive
Council.
2. The books and accounts of the
Union shall be audited by the two Internal Auditors acting together, and they
shall have
free access to all
books and documents necessary for the completion of their audit.
1. The general accounts of the
Union shall be audited by a qualified Accountant or other fit and proper person
approved by
the Registrar of Trade
Unions and shall be verified by statutory declaration. The audit shall commence
as soon as
possible after the
close of the financial year, i.e. 31st March, and shall be completed before 31st
May. The auditor shall
have free access to all
books and documents necessary for the completion of the audit.
2. The auditor's report shall be
presented to the biennial general meeting and a copy of this report shall be
conspicuously
displayed at the
registered office of the Union.
A permanent panel of three
Scrutineers, who shall not be serving officers or candidates for posts of
officers of the Union,
shall
be elected by show of hands at the first general meeting to supervise all secret
balloting. A scrutineer shall hold office at
the pleasure of the Union and may be replaced
at any general meeting. At least two Scrutineers shall be present when a
ballot is being taken. They shall see
that the procedure set out in the Appendix to these Rules Is strictly adhered to
and shall
submit to the
Executive Council a signed statement of the results of the ballot in forms of
return prescribed in the Trade
Unions Regulations, 1959.
1. The salaries of full time officer’s shall be determined as and when necessary by the biennial general meeting.
2. Officers whose duties call for part
time service on behalf of the Union may be paid an honorarium. The amount to
be
paid shall be
determined by the biennial general meeting.
3. Officers and other representatives
of the Union may, on the approval of the Executive Council, be paid for any loss
of
working time and all reasonable expenses incurred in the transaction of Union
business. They shall submit to the Executive
Council a statement of
expenses which shall, when practicable, be supported by receipted bills or other
evidence of
payment. The maximum
scale of allowances and expenses payable under this paragraph shall be
prescribed from time to
time by members at a
biennial or extra ordinary general meeting and the Executive Council shall not
approve any payment
unless it is within the
limits of the scale prescribed by the general meeting.
1. The funds of the Union may be expended on any or all of the following objects:
(a) The payment of salaries, allowances and expenses to officers and employees of the Union.
(b) The
payment of costs and expenses of the administration of the Union, including
audit of the accounts of the funds of
the Union.
(c) The prosecution
or defense of any legal proceeding to which the Union or any members thereof is
a party, when such
prosecution or defense is undertaken for the purpose of securing or protecting
any rights of the Union as such or any
right arising out of the relations of any member with his employer.
(d) The conduct of trade
disputes on behalf of the Union or any member thereof and assistance in the
furtherance of trade
disputes on behalf of any other registered trade union or any member
thereof
(e) The compensation of members for loss arising out of trade disputes.
(f) Allowances to members
or their dependents on account of death, old age, sickness, accidents or
unemployment of such
members.
(g) The payment of affiliation
fees to a Federation of trade unions, trade union council and trade union
coordinating or
advisory
body registered under any written law within the State of Sabah and such other
associations or organizations
established
outside the State of Sabah as may from time to time be approved by the
Minister.
(h) The payment
(i) Of all train fares, other essential transport expenses, cost of board and
lodging supported by vouchers or of such
amounts as are laid down by the Union.
(ii) Of the amount of actual wages lost by representatives of the Union
attending meetings connected with or related
to the promotion of industrial relations.
(iii) Of expenditure for the purpose of the establishment or maintenance
of any lawful trade union coordinating
or advisory bodies.
(i) The editing, printing, publication and circulation of any
journal, magazine, news sheet or other printed literature
published by the Union for the advancement of its objects or the promotion of
the interest of the members in
accordance with its registered objects and rules.
(j) The payment of affiliation fees to cultural and
educational associations registered under any written law within the
State of Sabah and such other associations or organizations established outside
the State of Sabah as may from time
to time be approved by the Minister.
(k) The conduct of social, sporting, educational and charitable activities of the members.
(l) The erection of buildings for the purpose of the business of the Union.
2. The funds of the Union shall
not be applied either directly or indirectly in payment of the whole or
part of any fine or
penalty imposed
on any person by sentence or order of a Court.
3. All monies which belong to
the Union and which are not required for approved current expenses shall be
deposited by
the
Treasurer within seven days of receipt in a bank approved by the Executive
Council. The bank account shall be in
the name of
the Union and the particulars of the bank account shall be forwarded to the
Registrar of Trade Unions.
4. All cheques or withdrawal
notices on the union account shall be jointly signed by the President (or in his
absence Vice
President), the
Secretary and the Treasurer. In the absence of the Secretary or the Treasurer,
the Council shall appoint
one of its
members to sign in his place.
5. The Treasurer may hold a
petty cash not exceeding two Hundred Ringgit at any one time. No single
expenditure
exceeding one
Hundred Ringgit at any one time shall be incurred without the prior sanction of
the Executive Council. The
Treasurer shall
prepare a biennial budget for approval by members at the biennial general
meeting and all expenditures
incurred by the
Union shall be within the limits imposed by the approved budget. The budget may
be revised from time
to time with the prior
approval of the members obtained at an extraordinary general meeting or by
secret ballot.
6. All property of the Union
shall be vested in the joint name of the Trustees. Such funds of the Union as
are not required
for the day-to
day administration of the Union may be invested in Trustee Securities provided
always the Executive
Council shall have
power to direct in respect of 25% of the funds to be invested, that such 25% of
the funds be invested
in any security
approved by the Executive Council. All such funds invested shall be invested in
the name of the Trustee
who shall hold them in
trust for the members of the Union.
7. The Treasurer shall enter or
cause to be entered in the accounts of the Union a record of all receipts by and
payments
out of the funds of the
Union and shall, upon resigning or vacating his office or employment and on or
before the first day
of July in every year
and at any other time at which he may be required to do so by the Executive
Council or by a
resolution of the
members of the Union at a general meting or an extraordinary general meeting or
by the Registrar of
Trade Unions, render to
the Union and members or to the Registrar of Trade Unions, as the case may be, a
just and true
account of all monies
received and paid by him during the period which has elapsed since the date of
his assuming office,
or if he has previously
rendered an account, since the last date upon which he rendered such account,
and of the balance
remaining in his hands,
at the time of rendering such account and of all bonds, securities or other
property of the union
entrusted to his
custody or under his control.
8. The form of account shall be
as prescribed by the Trade Union Regulation:, 1959 The account shall be verified
by
statutory declaration and the Union shall cause the account to be audited by
some fit and proper person approved by the
Registrar of Trade
Unions. After the accounts have been audited, the Treasurer shall forthwith hand
over to the Trustees
of the Union, if
required by them to do so, such balance as appears to be due from him, and also,
if so required, all
bonds, securities,
effects, books papers and property of the Union in his hands or custody, or
otherwise under his control.
Any person
having an interest in the funds of the Union may after having given due notice,
inspect all the books and
accounts of the Union
and the names of the members at any reasonable time, at any place where such
records are kept.
1. The Executive Council may, after a
resolution has been passed by secret ballot in accordance with Rule 25, impose
a
levy
upon all members of the Union, and all members (with the exception of those who
have been exempted by the
Executive Council as
provided in Rule 4 para 5) shall be required to pay such levy.
2. If any member fails to pay a levy
within six weeks of its Imposition or much longer period as may be specified in
the
resolution, the amount shall be treated an arrears of the Union monthly
subscription and the member shall be liable to
disqualification under
Rule 4.
1. Should any member desire steps to
be taken in connection with his conditions of employment or any other matter, he
shall
notify the Secretary, wherever practicable, in writing of his complaint and the
Secretary shall immediately report the facts
of the matter to the
Executive Council. Where the member's complaint is verbal, the secretary shall
reduce it to writing
and submit a copy with
his report; provided always that wherever possible, any complaint shall, in the
first instance, be
made to the Worksite
Secretary who shall take the appropriate action at worksite level as stated in
Rule 12A.
2. Should any trade dispute
arise, the members concerned shall bring the matter to the attention of the
Secretary, who shall
immediately
report the facts of the matter to the Executive Council.
3. No cessation of work shall take place unless
(a) The sanction of the Executive Council has been given;
(b) At least
two thirds of the members affected and entitled to vote in accordance with Rule
25 have voted by secret
ballot In favor of the proposed action; and
(c) The result
of the ballot has been notified to the Registrar of Trade Unions in the form
prescribed in the Trade Unions
Regulations, 1959.
The Executive
Council shall not support any strike, financially or otherwise, unless a secret
ballot is taken and the
required majority of
votes in favor is obtained.
4. Any group of members who take any
form of industrial action in contravention of the Trade Union. Act, 1959, or
the
rules of the Union shall cease to be members of the Union and thereafter such
members shall not be eligible from
becoming members of a
Trade Union unless approved by the Registrar of Trade Unions.
The Union may educate its members
through meetings and classes. Also, it may publish literature and take such
other action
as well promote
their industrial, cultural and social knowledge, subject to the statutory
provisions relating to the expenditure
of trade union funds for the time being in
force.
1. Any
alteration of the Rules which results in increasing the liability of the members
to contribute or in decreasing the
benefits to which members are entitled shall be made only if approved by secret
ballot vote of the members.
Subject to this provision, the Rules may be altered by a general meeting
convened In accordance with Rule 9 or 10, or
by secret ballot.
2. Every alteration
of the Rules shall take effect from the date of registration by the Registrar of
Trade unions, unless
some
later date is specified in the Rules.
3. A copy of the Rules for
the time being in force shall be prominently exhibited In such place as it may
easily be read at
the
registered office of the union and shall be produced by the Secretary to any
person an demand on payment of a sum
not
exceeding one Ringgit.
1. Decisions on the following
matter shall be taken by a secret ballot of all members of the Union or by the
members
concerned (where so
provided), subject to the proviso that members who have not attained the age of
18 shall not be
entitled to vote on
matters listed as items (c), (d), (e) and (h) below:
(a) Election of officers of the Union (other than Trustees) in accordance with Rule 12.
(b) Election of delegates to a federation of trade unions.
(c) All matters relating to strikes in accordance with Rule 22 (3).
(d) The imposition of a levy.
(e) Amendment of the Rules in accordance with Rule 24 (1).
(f) Amalgamation with another trade union or transference of engagement to another trade union.
(g) Joining or forming a federation of trade unions.
(h) Dissolution of the Union.
2. For the taking of a secret ballot the procedure set out in the Appendix to these Rules shall be complied with.
1. Every dispute between
(a) A member
or person claiming through a member or under the Rules, on the one part, and the
Union or an officer
thereof, on the other part, or
(b) Any person
aggrieved who has ceased to be a member of the Union or any person claiming
through such person
aggrieve on the one part, and the Union or an officer thereof, on the
other part, or
(c) The Union and an officer of the Union shall be decided by reference to arbitration.
2. A panel of not less five
arbitrators, none of whom being directly or indirectly interested in the funds
of the Union, shall be
appointed as a
permanent panel by the first general meeting, and any vacancy or vacancies shall
be filled at a subsequent
general meeting.
3. The complaining party to a
dispute or a person appointed by him shall draw three names from the panel of
arbitrators by
lot in the usual
manner and the three arbitrators whose names are first drawn shall decide the
Issue.
4. In this rule the expression
“Dispute” includes any dispute arising on the question whether a member or
person aggrieved
is entitled to be
or continue to be a member or to be reinstated as a member but, save as
aforesaid, in the case of a
person who has ceased
to be a member, does not include any dispute other than a dispute on a question
between him
and the Union or an
officer thereof, which arose whilst he was a member or arises out of his
previous relation as a
member of the
Union.
5. There shall be a right of
appeal to the biennial general meeting whose decision shall be binding and
conclusive provided
always that in a
dispute connected with:
(a) The election of officers of the Union, or
(b) The accounts and funds of the Union, or
(c) The non
compliance with any Rule of the Union, the parties to the dispute may jointly
refer the dispute to the Registrar
of Trade Unions.
1. The Union shall not be voluntarily
dissolved except with the consent obtained by ballot of at least 75% of the
members
entitled to
vote.
2. In the event of the Union
being dissolved as provided above, all debts and liabilities legally incurred on
behalf of the
Union shall be fully
discharged and the remaining funds shall be disposed of in such manner as may be
decided upon by
secret ballot.
1. The Executive Council shall fix the
date, the time and the place of voting and shall give all members of the Union
a
reasonable opportunity to cast their votes.
2. The Secretary shall cause the
required number of ballot papers to be prepared in the form similar to Specimen
A or
Specimen B and shall issue to each member who is entitled to vote a ballot paper
bearing the Union seal or the
Secretary’s signature
together with an envelope addressed to the Secretary. The ballot papers shall be
issued by post or
by hand. If they are
issued by hand the signatures of the recipients shall be obtained as proof of
delivery. The envelope
shall have the words
“Ballot Paper” and the member's Union Membership Number written on it. The
ballot paper and
envelope must be
forwarded to the member with sufficient time to enable him to return them to the
Secretary before the
appointed date.
3. Members shall have the choice of
voting by post or in person. If a member elects to vote by post he shall return
the ballot
paper, duly marked, to
the Secretary in the manner prescribed in these Rules, but if he elects to vote
in person, shall cast
his vote at the General
Meeting In the manner set out in these Rules.
4. Every member entitled to vote who
is present at the place of meeting and who declares in writing that he has
not
previously received a ballot paper by post shall receive from the Secretary a
ballot paper bearing the Union seal or the
Secretary's signature
and an envelope with the words "Ballot Paper" and the member's Union Membership
number
written on it.
5. The balloting shall be conducted
under the supervision of the three Scrutineers elected under Rule 17. At least
two
Scrutineers must be present throughout the period. Before the commencement of
voting the Scrutineers shall examine the
ballot box to ensure
that it is empty and they shall then seal the box.
6. Before the voting commences the
Scrutineers shall be supplied by the Secretary with a list of the members who
have
been issued with ballot papers (in person as well as by post) and they shall
ensure by checking the list with the
Membership and
subscription register
(a) That only those members who are entitled to vote are given the opportunity to do so,
(b) That each member vote once only on a particular issue,
(c) That no member who has already voted by post is provided with a ballot paper under paragraph 4 above, and
(d) That members are able to vote as they please and without their votes being known to anybody else.
7. When the time for voting arrives,
each member who has been issued with a ballot paper shall in turn proceed to the
room
or the portion of the hall where the ballot box is placed and record his vote by
placing a cross or a number of crosses, as
the case may be and no
other mark on the ballot paper. Then folding the ballot paper at least in half
and enclosing it in the
envelope provided for
that purpose, he shall drop it in the ballot box provided for that purpose and
immediately quit the
place of voting.
8. A member who votes by post shall
mark his ballot paper in a similar manner and return it folded at least in half
and
properly enclosed in the envelope provided for the purpose to the Secretary to
reach him before the date fixed for voting.
The Secretary shall
deposit all such ballot papers unopened in a safe place until the appointed day,
when he shall hand
them to the scrutineers
who shall drop them into the ballot box.
9. When the last member present
who in entitled to vote in person has voted, the Scrutineers declaring the
voting closed
shall open the
ballot box to count the votes in the presence of at least three officer of the
Union. They shall first check the
Union Membership
Number on each envelope with the list supplied by the Secretary. As each
envelope is checked, the
membership number
shall be deleted in such manner that it cannot again be read and the envelopes
dropped unopened
into a locked
box. When all the envelopes have been checked the Scrutineers shall take them
out of the box, slit open
the envelopes and
drop each ballot paper, still folded, into the ballot box. They shall then count
the votes. If in the
opinion of any
Scrutineer a ballot paper is invalid, such ballot paper shall be marked "Spoilt"
and rejected.
10. After all the votes have been
counted, the Scrutineers shall prepare a statement, in duplicate, of the result
of the ballot
and hand
both copies, duly signed, to the Secretary. The statement shall be counter
signed by the President and the
Secretary,
and the President or the Secretary shall then announce the result of the ballot
to the members present.
11. One signed copy of the
Scrutinizer’s statement shall forthwith be sent to the Registrar of Trade Union,
the other copy
shall be retained
by the Secretary for at least six months and may be inspected by any member who
desires to do so.
12. Immediately after the result of
the ballot has been certified, the ballot paper which has been counted,
including the
rejected
ones, shall be sealed up in a large envelope and kept in safe custody for a
period of six months for Inspection
by officers
of the Registrar of Trade Unions. At the end of the six months, the ballot
papers may be destroyed by or
under the
supervision of the President and the Secretary.