AWARD

The reference pertains to a trade dispute between Malayan Commercial Banks' Association (MCBA) and Association of Bank Officers, Peninsular Malaysia (ABOM) over terms and conditions to be incorporated in a collective agreement for those workmen within the scope of the collective agreement.

The reference by the Minister of Human Resources is under s. 26(2) of the Industrial Relations Act 1967 and was made on 7 May 2003.

This matter was fixed for hearing on 16 January 2004. However on that day counsels for the company and the union S Rutheran and LG Seah respectively informed the court that they have narrowed down the issues in dispute. Now the position is as follows:

AGREED ARTICLES

Article 5 - Settlement Of Disputes

(1) Implementation or Interpretation of Agreement

A standing committee consisting of not more than five (5) members each from the association and the union shall be established. All questions and disputes connected with the implementation or interpretation of this agreement shall be dealt with by the standing committee. If it is still not resolved, the dispute shall be referred to the Industrial court for a decision.

(2) Grievance Procedure

The procedure to be followed in processing any complaint or grievance concerning an individual officer shall be as follows:

(a) Complaint or Grievance at Office Level (Step 1)

If an officer has a complaint or grievance, he may present it in the "Grievance Information Form" as set out in Appendix `B', within ten (10) working days from the date of occurrence to his immediate superior, failing which the grievance shall be rendered invalid. For this purpose, he may, if he so wishes, be accompanied by a member of the office committee in the bank established under art. 9.

Provided that if the complaint or grievance is of a common nature involving more than one officer, then one "Grievance Information Form" setting out the details of such common complaint/grievance signed by the affected officers, may be presented to their immediate superior.

(b) Settlement of Dispute at Office Level (Step2)

If the complaint or grievance is not resolved within a period of ten (10) working days after it has been brought up, a dispute may be deemed to have arisen. The officer concerned shall submit the complaint or grievance to his immediate manager within ten (10) working days after the dispute has arisen. On receipt of the written complaint, the manager shall bring it up for discussion at a formal meeting between the bank and office committee, with the presence of the officer concerned, with a view to reaching settlement.

(c) Settlement of Dispute at Head Office Level (Step 3)

If no settlement is reached at Office Level within ten (10) working days after being presented to the manager, the grievance shall be submitted in writing to the administration/personnel/industrial relations manager who shall arrange a formal meeting between the bank and the union with a view to reaching settlement.

(d) Settlement of Dispute at MCBA/ABOM Standing Committee Level (Step 4)

If no settlement is reached at the head office level within ten (10) working days after being presented to the administration/personnel/industrial relations manager, the grievance shall be presented in writing to the Malayan Commercial Banks' Association by either the union or the bank concerned. On receipt of the complaint, MCBA shall arrange a meeting of the standing committee to discuss the matter with a view to effecting a settlement. The standing committee shall consist of not more than five members each from the association and the union. The association shall include a representative from the bank concerned.

(e) Settlement of Dispute at Government Level (Step 5)

If the dispute remains unresolved within fourteen (14) working days after being presented to the MCBA/ABOM standing committee, both parties may jointly report the dispute to the director general of industrial relations for conciliation.

(3) Rights of Parties Pending Settlement of Disp