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Tutorial 3

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Tutorial Question 3
James works at Challenger Ltd company. He and his colleagues feel that it is time for them to form a union at the company for currently, there is none. The management is aware of this and send a representative to discuss with James and his friends to persuade all workers to become members of the union in order to ensure the uniformity and ease in implementing policies and terms and conditions of employment. After the discussion, James proceed to apply for recognition for the union in order to commence collective bargaining with the management.
Based on the Industrial Relations Act 1967, 1. Is the management’s action permissible? 2. In Malaysia, who has the right to accord recognition to the union? 3. Based on the case, would the union be granted recognition? Justify 4. Disscuss the conditions for union recognition.

1. The management’s action is permissible. Because they follow the procedure to form a union. For example, to form a union, the management allow James and his friends to persuade all worker s to become a member of the union. This means that, persuade can happen when the employer consent about the union. Another one is, the collective bargaining with employer after they had discus about the implementing policies and terms and the conditions of employment. 2. In Malaysian the person that has the right to accord recognition to the union is employer of the company. 3. Yes, because the management aware about that union and they consent about the persuade that James and his friend do at the work place. Also they do the collective bargaining with the management. So they can agree with the policies and terms and conditions of employment that James and his friend do. 4. A union is recognize by an employer when it negotiates agreements with employers on pay and other terms and conditions of employment on…...

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