30 September, 2024Valeo Malaysia Sdn Bhd’s union busting attempts failed when courts ruled in favour of the National Union of Transport Equipment & Allied Industries Workers’ (NUTEAIW) right to organize. Valeo Malaysia tried to disrespect workers’ free choice at secret ballot result and filed multiple legal challenges against the NUTEAIW.
NUTEAIW, an IndustriALL Global Union affiliate, organized the company during the Covid-19 pandemic.
When the industrial relations department held a secret ballot on 14 December 2021, to determine the union’s claim for recognition, NUTEAIW obtained 56.82 per cent support from 579 employees within the union scope.
Despite the ballot result meeting the requirement specified in industrial relation regulation, Valeo filed legal challenges at the high court, the court of appeal and the federal court, asserting that the director-general of the industrial relations department had failed to investigate the company's complaint that NUTEAIW “brainwashed” the workers.
The high court ruled that the director-general had rightfully accorded the recognition to NUTEAIW and free from procedural impropriety. The court of appeal said the company had failed to provide precise information about the wrongdoing of the director-general within the given two-month period. The federal court rejected Valeo's leave application as the company failed to prove a novel legal question in the challenge.
NUTEAIW general secretary Gopal Kishnam Nadesan says :
“We welcome the federal court decision and call on Valeo to begin collective bargaining with NUTEAIW. Valeo’s union busting through legal avenues shows the weaknesses in our labour law which allows employers to bust unions by regularly taking unions to courts. The law must be reformed to stop the legal harassment.”
Ramon Certeza IndustriALL South East Asia regional secretary says :
“The company must respect NUTEAIW’s right to organize the auto-workers and the secret ballot result. The International Labour Organization Convention 98, ratified by the Malaysian government, clearly states that workers’ and employers’ organizations shall enjoy adequate protection against any acts of interference by each other in their establishment and functioning.”
Valeo is an automotive multinational, headquartered in Paris. The company has 175 production facilities worldwide, it produces driving assistance systems, lighting, electrical system for electric vehicles.