TRADE UNIONS BILL

Order for Second Reading read.

4.27 p.m.

The Minister for Labour and Law (Mr K. M. Byrne): Mr Speaker. Sir, I beg to move, "That the Bill be now read a Second time."

The Bill repeals the Trade Unions Ordinance but re-enacts its principal provisions with additions and amendments. As will be seen from the Comparative Table attached to the Bill, many of the provisions of the Bill have been taken from the Federation Trade Unions Ordinance of 1959. Federations of trade unions are not included in the definition of "trade union" and, as in the Federation Ordinance; special provisions are made in regard to them in Part VIII of the Bill. The Bill, however, extends to branches of trade unions provisions, which were not formerly extended to them. Particulars of branches and their executive and officers must be included in the application for registration under clause 10, the formation or dissolution of a branch must be notified to the Registrar under clause 27 and changes in the officers of a branch and the situation of its office must likewise be notified to the Registrar under clauses 31 and 32.

[Mr DEPUTY SPEAKER (Mr G. Kandasamy) in the Chair]

The Minister for Labour and Law (Mr K. M. Byrne): The Bill in clause 11 makes important changes in the conditions, which must be complied with by a trade union, which applies for registration. If the trade union is a trade union of employees, it must be an association of employees within one of the categories set out in the First Schedule to the Ordinance; it must (unless this requirement is waived by the Registrar in exceptional circumstances) have at least 250 members; and it must be affiliated to an association of trade unions exempted by the Minister under section 59 of the Ordinance. In the case of a trade union of employees the trade union must be an association of employees within a trade, occupation or industry or within trades, occupations or industries which are in the opinion of the Registrar similar. Moreover the objects, rules and constitution of all trade unions seeking registration must comply with and must not conflict with the provisions of the Ordinance or any regulations made thereunder and the rules and constitution of the trade union must be democratic and provide for proper representation of the members in the management of the affairs of the trade union. The application for registration must state the names, occupations and addresses of the members of the trade union signing the application and the titles, names, addresses and occupations of the officers of the trade union and of each branch of the trade union. I propose, Mr Deputy Speaker, Sir, to move at the Committee Stage of the Bill an amendment to provide that the application for registration shall also state the names, ages, addresses and occupations of members of the executive of the trade union and of each branch thereof and also of members of a committee provision for which is made in the rules of the trade union.

Consequential changes have also been made in clause 14 to the conditions under which the registration of a trade union can be cancelled. Power is given to cancel the registration of a trade union of employees if the trade union is being used against the interests of employees in a trade, occupation or industry in which its members are engaged, or if it has less than 250 members, or if it has ceased to be affiliated to an association of trade unions exempted by the Minister under section 59 of the Ordinance. Moreover, the Registrar is given power to cancel the registration of a trade union if he is of the opinion that, having regard to the existence of another trade union of employees registered in respect of the same category set out in the First Schedule to the Ordinance to which the trade union belongs, it is necessary in the interests of the employees in that particular trade, occupation or industry, to cancel the registration of the trade union.

The provisions relating to the constitution of trade unions have also been amended. A person is disqualified in clause 28 from being an officer of a trade union, or any branch thereof or of any federation of trade unions or the person in charge of a subsidiary local office of a trade union, if he is not either a citizen of Singapore or born in the Federation of Malaya or he has been convicted for the illegal expenditure or use of trade union funds or of criminal breach of trust, extortion or criminal intimidation. In this respect, I propose to move an amendment, Mr Deputy Speaker, Sir, at the Committee Stage of the Bill to provide that a person shall not be a member of an executive of a trade union if he has been convicted for the illegal expenditure or use of trade union funds or of criminal breach of trust, extortion or criminal intimidation. The Bill also provides in clause 29 that a person shall not be employed as an employee of a trade union if he has been convicted of a criminal offence. Power is given to the Minister in clause 30 to exempt any trade union or person from the provisions relating to disqualifications and also to rule that the disqualification arising from conviction shall not apply where he is satisfied that the person convicted has been reformed. In Committee, I shall be moving an amendment to clause 30 to enable the Minister to exempt a union of employers from certain provisions of the Bill where it will be impossible for such union to comply with these provisions.

The minimum age for membership of a trade union will be lowered from 18 to 16 years, but members under 18 years of age will not be eligible to vote on certain matters. This is provided for in clause 25. The names and titles of all officers of the trade union and the branch are required to be notified, and changes in the holders of the office or in the title of the office must be notified to the Registrar, who will alter the register accordingly, if satisfied that the provisions of the rules of the trade union, of the Ordinance and of the regulations made thereunder have been complied with. I propose, Mr Deputy Speaker, Sir, at the Committee Stage to move amendments to clause 31 to provide that changes in the membership of the executive of the trade union or of its branches or of any committee, provision for which is made in the rules of the trade union, shall similarly be notified to the Registrar.

The provisions relating to the rules of a registered trade union are amended in clause 33 to provide that such rules must not conflict with the provisions of an award or collective agreement made under the Industrial Courts Ordinance or be such as to prevent or hinder members of the trade union from complying therewith and that such rules must not impose on applicants for membership or members obligations or restrictions which are oppressive, unreasonable or unjust. The rules are required to make provisions for all the matters specified in the Second Schedule to the Ordinance in which paragraphs 3 and 4 are new and require the rules to state the category set out in the First Schedule to the Ordinance or the trade, occupation or industry to which the trade union belongs and the conditions of eligibility for membership.

In clause 34 (1), alterations to the rules, which specify the category of trade union or the trade, occupation or industry in which members of the trade union are engaged and the conditions of eligibility for membership, require the consent of the Registrar. In clause 34 (2), other alterations to the rules may be registered if the Registrar is satisfied that they will not cause the rules to be in conflict with the provisions of the Ordinance or the regulations made thereunder.

In clause 38 power is given to a trade union to change its name by a resolution of the executive of the trade union.

Power is also given in clause 39 to two or more registered trade unions within one of the categories set out in the First Schedule to the Ordinance or within similar trades, occupations or industries, to amalgamate as one trade union and this can be done by a resolution passed at a general meeting of members of each of the registered trade unions after service on the Registrar and all members of the trade union of notice of the proposed resolution not less than 14 days prior to the date of the meeting. After an amalgamation has been effected, any registered trade union within the same category of trade unions may amalgamate with the amalgamated body if the votes of at least one half of the members entitled to vote are recorded at a secret ballot and at least 60 per cent of the votes recorded are in favour of amalgamation. Provision is made for the vesting of property upon amalgamation in the appropriate trustees in accordance with the instrument of amalgamation.

Particulars of the trustees of a trade union and of changes of trustees must be notified to and registered by the Registrar. A secretary or treasurer of a trade union may not be a trustee, but a corporation may. It is provided in clause 44 that upon a change of a trustee, which has been duly registered, the trust property will vest in the new trustees without transfer, conveyance and assignment or order of court.

Provision has been made, following the Federation Trade Unions Ordinance, to permit a trade union to establish a separate political fund from which payments may be made in furtherance of defined political objects. Only those members who formally accept the obligation to contribute to the political fund will be liable to contribute to it and no payment may be made in furtherance of a political object except from the political fund. This is provided for in clause 47.

Where the Registrar has reasonable cause to believe that the funds of a trade union may be applied for unauthorised purposes he may by order freeze the bank account of the trade union. This is provided for in clause 49.

In Part VIII of the Bill, two or more registered trade unions within one of the categories set out in the First Schedule to the Ordinance or within similar trades, occupations or industries, may form or create a federation of trade unions by a resolution passed at the general meeting of the members of each of the trade unions. The rules of a federation shall make provisions for the matters specified in the Fifth Schedule to the Ordinance. The objects for which the federation is formed are required to be set out in the rules of the federation, and these must comply with the provisions of the Fifth Schedule. The federation may guide and co-ordinate the lawful activities of its component unions, but has no power to take any active part in conciliation proceedings or in trade disputes on behalf of the trade union. The procedure for affiliation with a registered federation is laid down, and it is provided that the general provisions of the Ordinance relating to trade unions will apply to federations of trade unions except so far as the Minister may otherwise order

Power is given to the Minister to exempt an association of trade unions from the provisions of the Ordinance after examination and approval of the rules of such association. The rules of such an exempted association shall not be changed without the written permission of the Minister. This is provided for in clause 59.

Trade unions registered under the existing Trade Unions Ordinance will be deemed to be registered trade unions, but the Registrar may within the period of one year from the date of the coming into operation of the Ordinance cancel the registration of such a trade union if, being a trade union of employees, it is not within one of the categories specified in the First Schedule or is not affiliated to an association of trade unions exempted by the Minister under section 59 of the Ordinance or if, being a trade union of employers, it is not an association or combination of employers in a trade, occupation or industry or in similar trades, occupations or industries. The Registrar may also within such period cancel the registration of such a trade union if the rules of the trade union do not comply with or are contrary to the provisions of the Ordinance or any regulations made thereunder or if, being a trade union of employees, it has less than 250 members or has ceased to be affiliated to an association of trade unions exempted by the Minister under section 59 of the Ordinance, or if the proper authority of the trade union has wilfully neglected to provide for the levying or collection of subscriptions and fees from its members; but the Registrar is required in such cases to give notice to the trade union and to give it an opportunity to show cause why the registration should not be cancelled.

Federations of trade unions which are registered under the existing Trade Unions Ordinance will be required to reapply for registration within six months of the date of the coming into operation of the Ordinance. If a federation of trade unions fails to do so, or if its application for registration is refused, it shall be deemed to be an unlawful association.

A number of miscellaneous amendments have also been made to strengthen the powers of the Registrar. Power is given to him to require a person to attend before him and answer questions and produce documents relating to the existence and operation of any trade union or suspected trade union. Power is also given to the Registrar to inspect ballot papers and other documents used in connection with a ballot and it is provided that all such papers and documents shall be preserved for six months.

Sir, I beg to move.

Question proposed.

4.48 p.m.

Inche Mohd. Ali Bin Alwi (Kampong Kembangan): (In Malay): Mr Deputy Speaker, Sir, speaking on this Trade Unions Bill, I would like to draw the attention of the Minister for Labour and Law to my adjournment speech made in this Assembly in February last. If my memory serves me right, in that speech I stressed that it was essential for the Government to ensure that the officials of a trade union should comprise Singapore citizens only. However, in this Trade Unions Bill, there is an amendment to the effect that persons born in the Federation are eligible to become officials of a trade union. From the point of view of U.M.N.O., the wide opportunities offered, without any specific mention that persons born in the Federation should first become Singapore citizens are undesirable. In its fight to suppress subversive elements in Singapore and the Federation, it is necessary for the Government to keep a watchful eye on the trade union leadership. But we are compelled to seek clarification from the Government on this point. What will be the fate of the Government if the leaders of the trade unions wrest control from them and exercise influence on them? In that situation, I am quite sure, Mr Deputy Speaker, the question of peace will have to be considered not only in relation to the internal security situation, but also in relation to the defence of our State from the Communist threat. We consider it most undesirable for such men to participate in the trade union movement. Therefore, Mr Deputy Speaker, on behalf of the U.M.N.O., we have brought this matter to this Assembly. We have given our views, but we have not received a positive reply from the Minister for Labour and Law.

4.51 p.m.

Mr S. T. Bani (Thomson): Mr Deputy Speaker, Sir, the passing of the Industrial Relations Bill established the future course on which the trade unions in Singapore would follow in pursuing their claims in future. In fact, a new era will begin with the implementation of the provisions of that Bill.

The trade unions will have to adhere to sense and logic, and will have to exercise greater care in the preparation of their claims. In the past, the law of the jungle prevailed. Employers recognised and respected larger and stronger unions, but took advantage of the weakness of the smaller and less militant unions. But now the situation has changed. The future prospects of the working class in Singapore depend on the ability of the individual unions to prepare and present a sound case for judgment by an independent court. Sir, I say that it is in this context that we should examine the merits of this Trade Unions Bill before us today.

Nobody in his proper senses can deny the fact that when this Bill is passed, and its provisions are implemented, the unification and the strengthening of the workers' movement in Singapore will be helped greatly. In the past, in the good old days of the previous Government, the trade union movement as a whole was one of ridicule. There were more than 200 trade unions in Singapore, each ranging in membership from 30,000 to nothing, and more than 50 per cent of these unions ranged in membership from nothing to only about 250. And in many cases, the smaller unions were yellow and splinter unions.

During the elections, the P.A.P. pledged to wipe out these yellow and splinter unions and encourage the healthy growth of the movement. As soon as the Government was constituted, we went about doing this. Today a number of splinter and yellow unions has been forcibly removed from the arena, and there are some on the waiting list. In due course, they will be removed too.

Sir, the main features of the Trade Unions Bill are (1) the requirement of a democratic constitution and proper representation of members in the management of the affairs of the unions; (2) the requirement of a minimum number of 250 members for registration and the categories of the unions; and (3) compulsory affiliation to an association of trade unions, i.e., at the moment, the T.U.C.

It is important that we encourage proportional representation as far as possible. There are unions in Singapore where a minority manages the affairs of a majority. And it has been found often that not only the views and interest of the majority went unheard, but also suppressed by the use of some constitutional technicalities. For example, the Army Civil Service Union in Singapore, where some 12,000 industrial workers are not properly represented in their executive which is dominated by a minority of clerical workers. And secondly, the require- ment of 250 members for the registration of an employees' union and the necessity to have the unions within the categories set out in the Schedule are vital if we are to have unification of the movement.

True, the previous Government was more democratic in that they allowed thugs and black-legs to form unions. Therefore, we had a string of unions operated by racketeers who were ever prepared to break strikes and supply black-legs. Seven workers could form a union. And if the applicants had the blessings of notorious men like Lee Yew Seng, then the Government and employers made sure that they received all the support for the furtherance of the objectives of these people, although their objectives were fundamentally opposed to the aspiration of the workers.

Sir, no matter how liberal one decides to be, it is nonsense to allow every Tom. Dick and Harry to form a union, because, finally, what we will have are as many unions as workers, and that would be absurdity at its height. It is a matter of principle to have one union in one industry. This is the basic phenomena in aid of collective bargaining. And any Government worth its salt must endeavour to establish this.

It is now almost one year since the election took place and this Government constituted. During this period, many changes have taken place, changes by and large benefiting the workers. The office of the Minister for Labour and Law has been transformed from a bureaucratic agency of the employers in the past to a fair and just institution, ever vigilant to check ruthless employers.

Sir, the significance of the change is simply this. In the past the trade unions had not only the employers to face, but also the Government. A Government which claimed to be popularly elected but which had its heart and soul pawned to the employers; whereas now the position has been made clear. The Government is undoubtedly on the side of the workers, and this has been stated time and again, and it has been proved by words and deeds. In requiring 250 members as the minimum number for the registration of a trade union, the Government is being extremely fair, because, in the first place, no thug is going to organise a yellow union and no pimp is going to have the opportunity to organise a splinter union. Because experience has proved that these people are incapable of mustering the strength. But if there should be a legitimate case, which I think would be a remote possibility, because existing unions cover almost all industries, then I am sure the provision will be well met.

The Government does not intend to usurp the right of the unions to participate in the unification of the movement, and setting out the categories in the Schedule is merely establishing a basis for the unions to work on. Without the provisions of the Bill and without the eradication of splinter and yellow unions, if we are to hope for the unification of the movement, I would say, speaking from my own experience, that it would take at least ten years for the hope to materialise. Therefore, in brief, what this Bill seeks to do is to propel the development of the trade union movement forward, and to encourage the unification of the movement. And I am certain that with the passing of this Bill and with the implementation of its provisions, we will have a stronger, a healthier and a unified movement in a very short time, perhaps in about a couple of years' time.

Thirdly, on the question of compulsory affiliation I would say this. Whether compulsion is democratic or not is futile to ask. What is important is whether it is desirable. Slogans on democratic principles are beautiful but they are meaningless if the results they produce are undesirable.

The Constitution of the T.U.C. has been amended and the organisation is being geared to meet the new situation. The future, as I envisage it, will create a democratic centralization of the movement. But there are all sorts of wild talk in town. Wild talk about the so-called 10 Tall Men. But this is far too stupid to demand attention and to require clarification. But what I wish to point out is this. In the final analysis, it is not the Secretary-General or the Secretariat of the T.U.C. which will decide, but the workers themselves. The political pace in Singapore is set and dictated by the working class. Governments may change, personalities may fade, but the grim reminder of reality is the temper of the working class, which will be the deciding factor, and history will continue to be made.

Mr Deputy Speaker (Mr G. Kandasamy): Order. I shall suspend this sitting until 5.30 p.m.

Sitting accordingly suspended at 5.02 p.m. until 5.30 p.m. Sitting resumed at 5.30 p.m.