The Business Observer Newspaper 5th November Issue

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INTERVIEW

Issue 38

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November 5, 2015

Distributed with Times of Malta SECTORS LIKE HOTELS, HOSPITALS AND AIRLINES HAVE A WIDE VARIETY OF STAFF WITH A RANGE OF WORKING CONDITIONS.

Bank of Valletta has been in the news for all the wrong reasons over the past few months. But chairman John Cassar White has to keep focused on the bank’s long-term sustainability. see pages 10 and 11 >

NEWS

Collective bargaining units unworkable – MEA Vanessa Macdonald Collective bargaining units would not work in practice and are impossible to cover by legislation, the Malta Employers’ Association is warning. The Employment Relations Board recently proposed to the constituted bodies that a minimum of six employees could form their own collective bargaining unit – but while acknowledging that such units could make operational sense in some contexts, the MEA is adamant that they should be applied only on a case-by-case basis. “There are many cases where companies have very diverse groups of employees with very diverse working conditions – look at airlines, hotels and hospitals. We have numerous examples of companies with multiple house unions for industrial and non-industrial staff,” MEA director general Joe Farrugia explained.

The problem is that legislating would be too blunt a tool and could end up with medium-sized companies being split into several collective bargaining units, which would make management and industrial relations a logistical nightmare. “Imagine. In theory, a company with 50 employees could have eight collective bargaining units!” he said. The units could have advantages and disadvantages for the various stakeholders. Sometimes it would be easier for management to reach agreements with smaller units as their needs might be quite specific. And in some cases, the units could whittle away the majority representation of a union to the advantage of the second-largest. But the mention of recognition sparks a strong reaction from Mr Farrugia. The proposal is part of a longoverdue review of the Employment and Industrial Relations Act which started last year – and union

recognition is one of the “crucial aspects”, in his view. The MEA would like to see union recognition legislated, repeating its oft-cited concern that inter-union rivalry was causing more disputes than union/management clashes. As it is, when there are claims by a union that it represents the majority of employees, especially when there are both industrial and non-industrial groups, it must go to the Industrial Tribunal – and in the absence of guiding legislation, decisions could be anomalous. The MEA has long argued that it wants proof of paid-up membership and not a ballot by employees of which union it wants to represent them. In the past, there have been employees who are not members of either trade union (or of both) who still vote, he said. In fact, one of the controversial proposals being put forward by the board is for those who opt to stay out of a union to still pay towards a fund as they

ultimately still benefit from the package negotiated by the union. The General Workers’ Union is also firmly against the inclusion of any definition of collective bargaining units in the legal notice, stressing that such issues should be the competence of the Industrial Tribunal and that each and every case should be considered on its own merits. “The GWU is strongly against fragmentation within the places of work, as this creates unnecessary tension among the different categories of employees and among the different unions representing the workers at the place of work. The GWU also strongly believes that such fragmentation will put in danger the harmony that exists within our national industrial relations system and mechanism,” it said. The proposals have now been sent to Civil Dialogue Minister Helena Dalli, along with the feedback from other constituted bodies.

e Rent-a-Car Association is asking the government to reduce registration tax on its members’ vehicles, saying this would encourage fleet renewal and upgrade the product. see page 3 >

NEWS It seems just yesterday that Global Capital’s auditors were concerned about its viability. New chairman Paolo Catalfamo has not only promised to solve its financial woes but also to take it international. see pages 5 and 6 >

NEWS e Malta Insurance Association is hoping to reach an agreement on motor repair standards which it feels will benefit all the stakeholders, both in terms of cost and timing. see page 6 >


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