Chapter 11 The Union And the Workers

All Planters were versed with labor laws if not better than most lawyers in this field.When as Assistant I was not at all well versed with them but as Manager there were no lacking behind.I read a lot on this subject when I was Manager.Failing which Planters will be white washed by the Ministry of Labor and out played by the NUPW or National Union Of Plantation Workers.

Indians being the main work force in rubber plantation in the sixties and seventies.They were represented the the union on all cases,but actual fact of the Indians only.In the early sixties workers union was never so active that was why some workers resorted to brute force to settle disputes if any.Perhaps the union ill advised them so to say.Initially only daring workers dared to be union officials for they do not want to be victimized by the Manager.

Those European Manager were ruthless,so should any be against them they sent to tap in far away fields where their earnings will be depleted desperately low or sacked for bad work or worst insubordination.Workers were too scared to openly support them then but that soon changed after "Merdeka" or independence,especially when many of the plantations were taken over by Malaysians.

Union thereafter moved in at great length strengthened themselves with better officials at all levels from the plantations onwards until they were a force to reckon with.When as an Assistant I had not much contact with these people .Those days at Division levels we dealt with only the local Union committees.It was only as Manager of St.Andrew Estate,Batang Berjuntai that I had direct contacts with them at all levels.My experienced in handling them was therefore enormous.

One important lesson I first learned was,when you have one Indian you have an orator the type that talked rubbish,when two of them you have a company and three of them you already had a Union.True?,but that was how the Union was formed.Don't believe ask P.P. when you see him in.................

Initially should there be any problems I dealt with them at this office levels.Funny though it be these wretched workers when given the chance to speak up,spoke a lot of utter nonsense,bring up grandmother's stories.Well,I had learned by now to keep my cool and patient and listened to them.Allow them to talk away and I pretend to be attentive noted those being said down.Those which I can deal with immediately I gave them and answer but those which were difficult to accept I just pushed them away ,telling them I had to wait for my reference with the Boss etc..Mostly these were a delaying tactics.

All these would be delayed after delayed,after sometime maybe forgotten,but some they were referred to their head quarters.Those officials from the head quarters will then write in for appointments.So appointments after appointments with many last minute postponements we at last met.The Union officials had dirty habits of being not puncyual for any appointments,so I too eventually adhered to such tactics,tit for tat.You showed no due respects I on the other hand does the same to you.Later,I learned that in the old days those European seldom entertained them if all they were often late to the office.

I dare say not many problems were solved either this way,they cannot do anything else and when they had sufficient of my medicine they referred to the Labor office.Initially the mentioned of Labor office really scared the balls out of me but not when I knew those officers better and most important the Labor Laws.With that another "ding dong" waged on and on,with no remedy on sight or ever.

Then the case were opened to the arbitrations and the red tapes went on.When I feel like not attending I just report that I was on medical leave that really put their wits at end.After going through many the whole thing seem so staled.In it they brought in their witnesses and I brought in mine.The poor officer had to weigh the pros and cons and finally finalized to his own whimsy and fancy , the case could be half for them half for me.Well,the losers will still be the poor laborers for numerous trips traveling up and down to Rawang.Had they won their cost was already very high.

Of course,there were easier ways out,like for example should the local official be trying to funny there were other softer approach to finish him or her up.Give her good treatments such as giving good tapping tasks to him and wife.This I admit was the dirtiest of all tricks because by giving him and his wife and at all times speak nicely to him in front of all the workers.These will aroused the envy of many workers to be suspicious of him.Come next local election he might survived one more round but I am not sure of other rounds.Believe me I had administered this on some nasty local officials and it worked.Those wretched guys will not realized what hit them-a missle from outer space???


The Labor officers visited the plantation at least once a year where they looked into any labor grouses if any,the living conditions especially the labor quarters and the water supply.Of course initially they will checked into our monthly wages to workers,a very routined checkup.
Relationship with them were always good no matter what,planters had a lot to depend on them for advices and others.Therefore a planter should also be an excellent public relation officer,an easy job no doubt because we have the means to entertain all should the circumstances arises.

Talking about good relationship but there were times you just got to show these people that respects given expect the same in returned.There was also an occasion where I gave a labor officer hell of a bombardment.That happened in Sri Jaya Oil Palm Estate,well I was already on top the world you just could not careless who he is who??? Right?.

We had an appointment and I replied that I would fetch him from the local super market at the appointed time.So I waited for him like a bloody fool for more than two hours,I ahd waited because out of kind gestures I thought he might have been delayed.With him failing to turn up I went back to my office.To my utter surprised,I was astonished to see him already at my office.That made real mad so I yelled at him and my Assistant,either one should had kept me informed.But none,that really drove me mad.

Apparently he came through the back way at the courtesy of my neighboring plantation Manager.Should that be his arrangement he should have kept me posted.Failing which will mean that he had no common courtesy to keep me inform,I find that very rude.Due respects had been given to him as an Officer from the Ministry of Labor but should that be not respected I too can be as rude.He can write me the worst report I could not care less.Like I say when you were already on top of the world who cares about his complaints if any."Sub Sub Chui"lah.Anyway he was quick to apologise to me and that was forgotten.

There were cases which were referred to the Industrial courts.Well admittedly that was something very new to me.It was a case where I retrenched two "kanganies" for insubordination and they claiming only re- instatements.I was to defend the plantation in refusing them.The Union Secretary Letchumanian was representing them.The first meeting at the Industrial Court was just a mention of the case.I seemingly anxious about that case arrived early and waited for the other party to arrive.An hour later he had the nerved to call up to say that he would be slightly late and coming because he was held up at the office.Within ten minutes he was in,what game was he up to???.

Now that I knew his tricks at the next meeting I played the same trick on them as I called up that court an hour later to say that I was not medically fit to attend,so the case was again postponed.By now he knew I was giving him back his own medicine.Two weeks later came the next appointment,this time he was punctual and I about the same time.As the case went on we all had to state our stories.And so blah,blah with cross examinations etc. and with me seemingly un-corporative the whole picture was twisted here and there confusing the officer recording,then the case was postponed again.

What a waste of time for everyone traveling up and down,from the plantation to Kuala Lunpur.For me it does not matter should we have to take them back.We all knew the outcome only I was dragging that case extending the time period of re-employment.In the end the Officer suggested that I take them back ,they tried to get payments lost during those periods of unemployment which I flatly refused.Finally they accepted my terms for re-instatement without back payments.

So in the final episode who were the losers ,definitely not me.Of course they were the losers although I had to allow them back but those time and bus fares up and down cost them some money.They were happy to be re-instated.For me if withoput them I still had to employ "kanagies",so taking them back does not worry me one wee bit,because they still have to work to get payments.The result had ben anticipated so I do not feel sad about it.

Many times we seek advice from known labor officer who helped me a lot on how to tackle these Union officials.One of our main adviser was an ex-labor officer Mr.Rajadorai,the ex -Secretary of the ISP.Yes, his invaluable advice helped us a lot.That was why I knew him quite well.There were also other senior labor officers as well, plus there were spies from the Union aiding us. Thus I had very good relationship with quite a number of people involved with labor cases.

Our wages were not caaalculated based as per NUPW/MAPA agreements and we paid them our own agreements as long as we do not diverged or strayed away from the Labor Ordinace.There was no problems until the NUPW bulged in and demanded tthat we follow that Agreement but we flatly refused them.

So they arranged for me to meet them.Initially the talks was held in my office but due to reasons beyond my comprehension they wanted me to meet them in their headquarters.So on the advised of the Boss I held talks with them.Those with in accordance to the labor law we agreed but they cannot diagee.Whenever I was in doubt I push the matter to my Boss.They had no alternaltives but had to wait for me to refer to my Boss until the next appointed day.

The next meeting came,but my result was not fianlized as my Boss were away so we got to wait for his return.When the Boss finally gave a negative reply they again talked and talked with no firm confirmations.They tried to induce the Boss to see them but to no avail,the Boss was never free.So the old payments dragged on.So long we do not pay the workers a very low payments they cannot do anything.Our payment to workers were slightly lower than their Agreement with MAPA,but our following the law with other payments caused them to be struck.

That dragged on and on with no break through even until the moment I resigned from that plantation.Yes,all the time we were misleading them giving them false hope.Well,nothing to do with me,of course I was then performing my duties as a Planter.I took only instructions from my Boss,he said play "Tai Chi" with them, I just do like wise as instructed.Like it or not I am an expert in it.

Same thing with the house owner scheme.In the late seventies there were a lot of talks with house ownership for the workers.Well,I was instructed to attend all those meetings .Subsequently many plans were drawn up ,we even went to the extend of employing the services of a valuer to draw and planned out the whole project ,thus giving a lot of hope for the success of the project.

In the end when the Boss heard that he was to finance the whole project he disagree to construct the houses for the workers.What can I do he was the Boss,I just inform the meeting that my Boss objected to the financing of the project.That stunted the President of the Whole Project but he kept quiet.My planner laughed as though I was joking.What a ridiculous man he was???.There after several more meeting s were held,but I had left the Company then so I do not know what transpired thereafter,

As I passed that plantation today I can see only a row of shop houses built.Lobor quarters I was told that only a few were built and sold to selected few workers only,many other quarters built were not taken up.Thus the project was a complete failure.

When I first joined that plantation the housing at at its worst state.The old labor quarters built by the colonial planters were still in existence.Those double floors wooden linked houses.
With ground floor which were also partly kitchen and upstairs single room.The wooden frame works of those houses were of heavy wood such "chengal"while the partition were of soft wooden planks which rots easily or attacked by white ants or termites.All pre-war quarters and definitely out dated.The roofings were of zinc,those thick zinc sheets,very hardy and which do not corrode easily.

With my joining them I managed to convince the Directors to erect new lines for the workers.Naturally there were also pressure from the labor office to do so.With those completed and allotted to some workers along with promises to construct sufficient in the days to come to replace all existing old quarters.That delayed further new construction
Then came the house ownership project which aided us to push new housing progames further and further away.

In Sri Jaya Oil Palm Plantation,there was no union to face me for right from the beginning all the workers were foreign workers.Their stay with us was at the most three to five years.though the Union tried to get to them but failed miserably.The situation of foreign workers ,(almost 100%-Indonesians) were totally different from plantations elsewhere where the workers were mainly Indians. Our neighbors futher interiors had Indian work force and partly foreign workers,the Indians had been recruited by their Agencies concerned .

When I frist arrived at Sri Jaya my whole labor force were almost one hudred percent illegal workers supplied by the harvesting contractors.So long these contractors had a strong labor force serving they were given contracts.This went on for some time with Police raiding the plantation almost most of the time.Well,those were the days we advised the contractors to house their illegal workers in the remote fields where raiding parties were almost impossible to reach .

Not that we do not want to legalize them but legalization were most of the time not opened. Those days to apply work permits for these illegals were difficult for there were so many red tapes not that we cannot afford to pay for their permits etc..,the situation did not allowed us.Countless of application forms were filled which came to nothingm or even rejected.

Those were also the days where these illegal workers would very often abscond from one planantation to another or to the other sector.Such being the case contractors concerned lose heavily in the recruiting and buying of workers from "tTai kongs..In certain cases high handed methods were used to apprehend those running away with the beating up of those "tai kongs" who were the main culprits for the vast turn over of illegal workers.Despite these,the trend were just the same all over.

Later when permits were available to apply,we re-submitted many forms for the illegals.With our trying,the Police were still on our backs to an extend whereby the planters had to run away from the plantations to escvape being arrested for hiring illegals.Many unfortunate ones were arrest and hancuffed and man handed.I and my friend escaped the arrest and stayed away until the wind blowing us were over.For those planters arrested they were put in the Police lockups among criminals.Poor chaps had to endured those warm temperatures in the same cells and sleeping on bed full of bed bugs.That was the worst humiliation any planteer could accept,and for performong our duties as Planters.

They were shamefully brought about the Police station in their under wears,walking about bare footed.When they were finally charged in court they were given their clothing but without shoes and forced to attend court like common criminals in hand cuffs.I escaped those tormentious moments and stayed away in hiding for three weeks.

Within that period of escapade I went to the ISP,the Selangor Planters Association and even to the MCA,and none could do much to save those in custody.The worst reply was from the MCA,that Michael??.Like to know what he said,"You people committed a crime so you deserved that"." I shouted back,"My Dato had been supporting the MCA with donations etc.,is this the reply you give us???" and I left.

However,I went back to face the music after three weeks.Immediately reported at the Police headquarters to answer various questions and giving my statement.No charges were levied on me and I was free to go back to the plantation.My application for work permits for all my foreign workers went on smoothly.Having been beaten once we applied for extra workers,more than our requirements.The extras were passed on to friends who could not get them.That was just to full fill our quotas.

For plantation where there were tall palms for harvesting the rest of foreign workers were found to be useless or cannot adapt to carrying long alluminium poles.Yes it is true we found that only the Indonesian workers were found to be more efficient and obedient.But unfortunately the more we have them,it appeared that we were only providing trainig for such harvesters and in the end these workers will remained back in their own country to harvest their own plantations' crop.The more people they send in for the Oil palm Industry , at the end of the day this will ultimately benefit them in the future,as they already had extensive hacterages of Oil Palm.






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