minutes of the 18th extraordinary delegates...

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4 30B, Jalan Padang Belia, 50470 Kuala Lumpur Minutes of the 18th Extraordinary Delegates Conference DATE: Saturday, November 3, 2012 TIME: 10.00 a.m. VENUE: NSTP Training Room, Anjung Riong Bangsar Kuala Lumpur --------------------------------------------------------------------- ATTENDANCE Executive Council: Sdr Chin Sung Chew, Sdr Osman Lisut, Sdr Schave Jerome De Rozario, Sdr V. Anbalagan, Sdr Kuan Tai Huat, Sdr Baharudin Reseh, Sdri Habsah Dinin, Sdri Mona Ahmad, Sdr Muhammad Basir Abu Bakar, Sdri Pow Hsiao Haan, Sdr Shaun Ho, Sdr Chiew Boon Leng, Sdr Mohd Saiful Rizal and Sdri Pauline Wong. Delegates New Straits Times: Sdri Dawn Chan Lin Lee, Sdri Nurul Nadia Abdul Hamid, Sdri Bennie Zie Fauzie, Sdr Mohd Alzahrin Alias, Sdr Sritharan Gopalan Kutty, Sdri Surianie Mohd Hanif, Sdr Muhammad Asraf Awaluddin, Sdr Ahmad Johari Mohd Ali, Sdr Mohd Hafizee Mohd Arop and Sdri Zalifah Mohd Yatim. Delegates Utusan Melayu: Sdr Mohd Taufek Razak, Sdr Mohd Hidhir Basarudin, Sdr Zaini Husin, Sdr Mohd Saiful Mohd Sahak, Sdr Muhammad Dayne Azmin Ghazali dan Sdr S. Kumara. Delegates Sin Chew Jit Poh: Sdri Kun lai Leng, Chong Shin Yen, Sdr Goh Wei Chiat, Ng Kha Mun, Lam Ping Ping, Sdr Hong Kok Chuan, Koh Liang Poh, Foo Yoke Teng and Sdr Chau Yuen Shyang. Delegates Star: Sdri Joanne Rodius Timbuong, Sdri Andrea Christine Filmer, Sdr Lee Yen Mun, Sdri Sharmila Nair Balan and Sdri Christina Low Hooi May. Delegates Nanyang: Sdr Yau Choon Hiam, Sdr Goh Yen Foo, Sdri Choy Siew Mei, Nui Sook Mun, Sdr Wong Lee Haw, Wong Sook Peng and Lai Thiam Wah. Delegates Kwong Wah: Sdr Chua Cheng Wee and Ng Soh Ti. Delegates Sun: Sdri Karen Arukesamy and Sdri Hemananthani Sivanandam. Delegates Utusan Karya: none attended Union Scrutineer: Sdri Tan Siew Ling (Nanyang) Branch Scrutineers: Sdr Mohd Fairuz Zaidan (NST), Sdri Azrina Ahzan (NST), Sdri Yultawati Shamsuri (Utusan), Sdri Murni Cheong Ronaldin (Utusan), Sdr Lam Ngai Ching (Sin Chew), Sdr Kee Chee Yong (Sin Chew), Sdri Tan Karr Wei (Star), Sdri Lisa Goh (Star), Sdr Yap Chee Hong (Star), Sdri Nga Ngian Ru (Nanyang), Sdr Tan Chin Lee (Kwong Wah), Sdri Jacqueline Anansa Jacob (Sun) and Sdri Soo Wern Jun (Sun). Staff: Sdr Richard Phillips Total attendance minus scrutineers and staff are 55 persons.

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Page 1: Minutes of the 18th Extraordinary Delegates Conferencenujm.org/nuj/content/whats_new/wn_141002c.pdfSdr Zaini Husin, Sdr Mohd Saiful Mohd Sahak, Sdr Muhammad Dayne Azmin Ghazali dan

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30B, Jalan Padang Belia, 50470 Kuala Lumpur Minutes of the 18th Extraordinary Delegates Conference DATE: Saturday, November 3, 2012 TIME: 10.00 a.m. VENUE: NSTP Training Room, Anjung Riong Bangsar Kuala Lumpur --------------------------------------------------------------------- ATTENDANCE Executive Council: Sdr Chin Sung Chew, Sdr Osman Lisut, Sdr Schave Jerome De Rozario, Sdr V. Anbalagan, Sdr Kuan Tai Huat, Sdr Baharudin Reseh, Sdri Habsah Dinin, Sdri Mona Ahmad, Sdr Muhammad Basir Abu Bakar, Sdri Pow Hsiao Haan, Sdr Shaun Ho, Sdr Chiew Boon Leng, Sdr Mohd Saiful Rizal and Sdri Pauline Wong. Delegates New Straits Times: Sdri Dawn Chan Lin Lee, Sdri Nurul Nadia Abdul Hamid, Sdri Bennie Zie Fauzie, Sdr Mohd Alzahrin Alias, Sdr Sritharan Gopalan Kutty, Sdri Surianie Mohd Hanif, Sdr Muhammad Asraf Awaluddin, Sdr Ahmad Johari Mohd Ali, Sdr Mohd Hafizee Mohd Arop and Sdri Zalifah Mohd Yatim. Delegates Utusan Melayu: Sdr Mohd Taufek Razak, Sdr Mohd Hidhir Basarudin, Sdr Zaini Husin, Sdr Mohd Saiful Mohd Sahak, Sdr Muhammad Dayne Azmin Ghazali dan Sdr S. Kumara. Delegates Sin Chew Jit Poh: Sdri Kun lai Leng, Chong Shin Yen, Sdr Goh Wei Chiat, Ng Kha Mun, Lam Ping Ping, Sdr Hong Kok Chuan, Koh Liang Poh, Foo Yoke Teng and Sdr Chau Yuen Shyang. Delegates Star: Sdri Joanne Rodius Timbuong, Sdri Andrea Christine Filmer, Sdr Lee Yen Mun, Sdri Sharmila Nair Balan and Sdri Christina Low Hooi May. Delegates Nanyang: Sdr Yau Choon Hiam, Sdr Goh Yen Foo, Sdri Choy Siew Mei, Nui Sook Mun, Sdr Wong Lee Haw, Wong Sook Peng and Lai Thiam Wah. Delegates Kwong Wah: Sdr Chua Cheng Wee and Ng Soh Ti. Delegates Sun: Sdri Karen Arukesamy and Sdri Hemananthani Sivanandam. Delegates Utusan Karya: none attended Union Scrutineer: Sdri Tan Siew Ling (Nanyang) Branch Scrutineers: Sdr Mohd Fairuz Zaidan (NST), Sdri Azrina Ahzan (NST), Sdri Yultawati Shamsuri (Utusan), Sdri Murni Cheong Ronaldin (Utusan), Sdr Lam Ngai Ching (Sin Chew), Sdr Kee Chee Yong (Sin Chew), Sdri Tan Karr Wei (Star), Sdri Lisa Goh (Star), Sdr Yap Chee Hong (Star), Sdri Nga Ngian Ru (Nanyang), Sdr Tan Chin Lee (Kwong Wah), Sdri Jacqueline Anansa Jacob (Sun) and Sdri Soo Wern Jun (Sun). Staff: Sdr Richard Phillips Total attendance minus scrutineers and staff are 55 persons.

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1. OPENING CEREMONY The GS welcomed all delegates to the EDC. He said the conference could continue because there is enough quorum according to rule 9 of the NUJ constitution and that there are more than 4 branches being present. He then called upon NUJ President Sdr Chin to give his opening speech. 2. THE PRESIDENT'S SPEECH President greeted all delegates. On behalf of NUJ, Sdr Chin thanked all members especially delegates for taking time to attend the EDC thus fulfilling their duties as delegates. He said that delegates as working journalists are more so duty bound as they represent their branches here to discuss matters pertaining to the functioning of the union, job scope issues and industrial disputes and that the conference is therefore a suitable platform to that affect in exchanging ideas and offering suggestions which would be beneficial to the union as a whole. Chin also apologised on behalf of the committee if there had been any misunderstanding or difficulties that may have cropped up from the past council. He also mentioned that the conference should have been held not later than 30 September according to the NUJ’s Rules. The Conference was set on a later date after the Executive Council agreed to do so because earlier it had decided to hold NUJ's 50th Anniversary commemoration dinner during September and that the General Election was also rumoured to be held around the same month. At the same time the Council also sent an invitation letter to the PM to attend the dinner but there was no reply from his office. Therefore incoming Council members would have to decide to hold the celebration next year. Sdr Chin highlighted the high points in NUJ during the last two years namely the sacking of President Mohamed Ha'ta Wahari by his employer Utusan Melayu (M) Berhad in 2011, the two resolutions carried out by NUJ after the EDC in March 2012 on elections and role of newspapers to report the truth and also his own case against his employer Sin Chew Media Corp who did not allow two days' paid leave for attending Kwong Wah's industrial dispute on contract workers at the Penang Industrial Relations department in October and December last year. As a President he was duty bound to see to the affairs. The matter was referred to IR Court after reconciliation failed between the two parties. Finally the matter was settled out of Court in October this year. Finally Sdr Chin said for the first time the NUJ election seeing all the posts except the Treasurer's post whereby Sdr Baharudin Reseh has won uncontested while the deputy treasurer's post remained vacant. He said nevertheless, the contest should be seen as a healthy move and directed for the unity and the good of the union and not as personal gain as some may think otherwise. He highlighted that the Executive Council has always adhered to the democratic system as stated in NUJ’s constitution. He hoped whoever that may be elected for the period 2012-12014, that committee must ensure to push the Union to greater heights than what was achieved by the previous committee.

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3. CONFERENCE PROPER COMMENCES The President Sdr Chin Sung Chew then officially declared the Conference open and hoped it would run smoothly. 4. ADOPTION OF STANDING ORDERS 4.1 Proposed by Sdr Taufek Razak (Utusan) and seconded by Sdri Mona Ahmad (NST), the standing orders were unanimously adopted. 5. ELECTION OF CONFERENCE CHAIRMAN 5.1 Sdri Mona Ahmad (NST) proposed Sdri Karen Arukesamy (Sun) to be the Conference Chairperson. Sdri Habsah Dinin (NST) seconded it. 5.2 The Conference unanimously appointed Sdri Karen as the Conference Chairperson. 5.3 Sdri Karen thanked the delegates for appointing her as the Conference Chairperson. 6. CONFIRMATION OF MINUTES OF THE 17TH BDC 6.1 The minutes of the above meeting were unanimously confirmed by the Conference. Proposed by Sdr Taufek Razak and seconded by Sdri Joanne Timbuong (Star). 7. Matters Arising Nil 8. GENERAL SECRETARY'S REPORT Sdr Anba thanked the Conference Chairperson and he asked the delegates to peruse the GS report and he will answer whatever queries from the delegates. Proposed by Sdri Surianie Mohd Hanif (NST) and seconded by Sdr Mohd Hidhir Basarudin (Utusan). 9. Matters Arising 9.1 Sdr S. Kumar (Utusan) queried about the procedure for applying the press card. The GS replied the application would be sent to Sdri Esther at HQ who waits until 15 applications are available as required by the card printers before sending them for processing. If less than 15 she had to wait until the quota is reached. Therefore the procedure is, branch secretaries should compile 15 or more applications with photo and send to NUJ HQ so that processing could be done immediately. 9.2 Sdri Kun Lai Leng (Sin Chew) pointed out that according to the NUJ Constitution the report should be sent to members at least 7 days before the BDC and that was not followed. To this the GS replied that all other reports were ready but unfortunately the branch reports came in very late. That was the reason for him being unable to send out within the stipulated time. 9.3 Sdr Taufek (Utusan) queried on the media council issue and of its progress. The GS said that there had been two meetings with the council

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chaired by the “Peguam Bendahara” and NUJ basically agrees with the proposal to form the media council in Malaysia. However, there have been several conflicts that NUJ could not agree upon. NUJ proposed to have an independent judge to preside over the panel of media council members. The council said that they would want to appoint someone and the second thing is to issue license to all working journalists saying so that they would also be accounted for any offence. He also said that the “Peguam Negara” told that the bill was supposed to be debated in the Parliament last July. Until now there has been no outcome from this. He also said not to allow other NGOs to represent journalists in the media council formation because they have no clear-cut representation on behalf of members who are working journalists and hence NUJ is the right body to look into the matter. The President added concerning the formation of media council where NUJ should take initiative and make efforts to contact the Government and AG chambers. He said he met Pak Zainon recently during a seminar who told he too didn’t know of what was happening with it. 10. GENERAL TREASURER'S REPORT 10.1 General Treasurer Habsah Dinin presented the Treasurer's Report and accounts for the period 1.4.2010 to 31.3.2011 and 1.4.2011 to 31.3.2012. She said if there were any queries, she would answer them to the best of her capacity. 10.2 The GS told the delegates to bear in mind that these accounts are consolidated accounts i.e. the HQ and the branches’ accounts together. 10.3 The report and accounts for the period 1.4.2010 to 31-3.2011 were unanimously adopted. Proposed by Sdr Zaini Husin (Utusan) and seconded by Sdri Kun Lai Leng (Sin Chew) 10.4 The report and accounts for the period 1.4.2011 to 31.3-2012 were unanimously adopted. Proposed by Sdri Joanne (Star)) and seconded by Sdr Saiful Sahak (Utusan). 11. Matters Arising 11.1 Sdr Taufek Razak (Utusan) enquired about NUJ legal fees on the Treasurer’s report page i and item (b) which has increase to RM15,400 in 2012 compared to RM7,800 in 2011. He queried about the retainers fee and which lawyer involved and for what cases? To this the Treasurer requested that GS answer because he is more in the knowledge of the matter at hand. The GS answered Sdr Taufek’s query saying that each year NUJ pays retainers fee presently RM3,180 (including 6 per cent on taxation) to the Union lawyer Mr Muhendaran Sri for legal advise who was appointed since 2011 taking over from Messrs Murugawell & Co., (Mr Ravin) who had been the Union laywer before that. NUJ paid Mr Ravin RM9,000 for Utusan’s CA in 2011 where it almost went to a Court hearing before the Utusan management requested to withdraw and to settle out of Court. NUJ and Utusan Branch equally shared the RM9,000 for the legal cost incurred. As for Bonus case Mr Ravin argued the case in Court and won and NUJ paid RM6,000. As for Sdr Amran’s case of termination by his employer Utusan Melayu, Messrs

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Sivanesan handled the case and NUJ paid an advance of RM3,000. This case is still underway and may be heard in December or early January 2013. The GS also added in the case between Sdr Ha’ta Wahari and Utusan Management, the Exco suggested that it would represent him. However Sdr Ha’ta wanted to take NUJ’s former laywer Mr. Ravin who at that point of time was no more serving as NUJ’s retainer. NUJ disagreed with Ha’ta. As for its progress, the Court is waiting for a statement of reply from Utusan Management before a hearing could be scheduled. The GS said most probably he would be one of the main witnesses because he attended Ha’ta’s domestic inquiry and was told he could not represent, as he supposedly did not have a locus standi. 11.2 Sdr Taufek Razak inquired about the renovation done in NUJ HQ and what was the cost incurred for. The Treasurer replied that the renovation of NUJ office included repairs and upgrading of washroom and painting of NUJ office. She said renovation had also been carried out for 1st floor after the previous tenant who had been running a hairdressing salon there for 32 years moved out in December 31 2011 leaving the floor in a dilapidated condition. Renovation was carried out for the new tenant Blind Touch Massage who began occupancy in February 2012. The GS added the NUJ building is quite old. NUJ moved to the building in 1974 and later bought the building in 1978. Therefore there are a lot of works needed to be done from time to time. The ground, first and third floors are rented out. Ground floor is a restaurant, 1st floor is rented out to new tenant running a massage center and the third floor is occupied by a blind tenant who also does traditional massage. For example there had been a need to do termite control recently and also installing of new water supply for the office as the water pressure was low due to old blocked pipes. Sdri Esther has been with NUJ since 31 years ago and Sdr Richard since 1995. They sometimes need to call maintenance men on urgent basis when the tenants call them for one problem or another. He also advised the coming exco to make sure to collect rentals promptly without outstanding amount because there had been incidents where former tenants like one previous printer occupied NUJ ground floor in 2001 who ran off without paying rental amounting to RM17,000. He also said if NUJ wants to find new building, the problem was the lack of funds to be able to do so. 11.3 Sdr Taufek queried what exactly was the total cost of renovation incurred for during the past two years. The GS replied that he could not give the exact amount because he needed to look in his GS Executive Council meeting file. He then said during the exco meetings that are held every three months there will be accounts submitted and he told Taufek that he has every right to come and scrutinize the accounts to satisfy his query. The GS said he cannot read out all the accounts but it’s all there in the file. Sdri Mona (Exco-NST) interjected and highlighted to the GS that what Sdr Taufek was really asking was the incurred cost on maintenances and not renovation. To this the GS said during Sdri Norila’s time in 2010 NUJ did renovation and after that the other incurred cost were for maintenance. 11.4 A query from Sdr Zaini Husin (Utusan) over the change in NUJ’s lawyer from Mr Ravin to Mr Muhandaran. The GS replied for Utusan’s Bonus case the lawyer is still Mr Ravin and there’s no change. Sdr Zaini also queried that Utusan’s cases previously were conducted by the same lawyer Ravin who was paid after the cases are concluded. However, with

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the new laywer Mr Muhandaran NUJ has to pay in advance. He also mentioned that previously a defeated CA case badly handled by Mr Muhandaran but NUJ still hired the lawyer. He said the lawyer hasn’t been good enough in handling the case before. He again stressed that payment to the laywer be done after the case has been concluded. The President also agreed with Sdr Zaini about payment after and not paying in advance or before the case could even begin. The GS said it’s very subjective because some lawyers request for payment after the case is over while others want a certain percentage in advance. 11.5 Sdr Kok Chuan (Sin Chew) queried why NUJ’s fixed deposit under Treasurer’s Report page 5 (ending 31st March 2011) is reduced from RM220,722 in 2010 to RM201,653 in 2011. The GS said the exco had decided to withdraw some money to do the NUJ 50th anniversary celebration as capital to run the event. The Exco had decided to withdraw RM15,000 and put in the general account. Because the programs were not undertaken, the money is still in the general account. He added in future if NUJ raises funds, it can put it back again into the FD. 11.6 Mohd Hidhir (Utusan) queried about rentals received. The GS asked the delegates to turn to page 9 on the NUJ HQ Budget estimates. The Treasurer highlighted the rentals under income. The GS added that for ground floor rental was supposed to be raised by 10 per cent after the two-year agreement ended in August 2012. Upon decision by exco over request from the tenant it was raised only 5 per cent for a term of one (1) year (2012-2013) and another 5 per cent would be increased for the following year (2013-2014). This was to avoid any difficulties for the tenant who may not be able to pay a high rental increase. 11.7 Sdri Bennie Zie (NST) queried about high incurrence in salaries, allowance and bonus under Treasurer’s Report page i(a)1 amounting to over 50 per cent of Union income more in 2012 than 2011.2. The Treasurer replied that staffs were given an increment of RM60 (based on one step) in 2011 and NUJ has not done any salary revision for the past 8 years. The incurred cost was also for their insurance as well. She also said that the increment is 10 per cent raise (based on membership subscription) 11.8 Sdri Mona (Exco–NST) said that NST members also are not sure if they would be getting any bonus this year and therefore should not give bonus to NUJ staffs. To this the Treasurer said to let the incoming exco decide. The GS added that in his experience, during the previous excos, staffs usually get 1-month ex-gratia most of the time. He also said the work from the exco is voluntary and it must rely on the staffs do most of the work in running the account and administrative side of the union. It is true that delegates can decide if they don’t receive ex-gratia for this year. It is easy for delegates to suggest about payment of ex-gratia but the Exco is the one that has to run the Union for the next two years and decide about the matter in perspective. Journalists usually had revision of salary every three 1 {error note: NUJ staffs receive ex-gratia and not bonus - they are not covered under any Collective Agreements nor are they working under a profit making company. 2 Note: the treasurer’s report has error stating there’s allowance being paid to staff. Allowance were only paid to the GS and Exco members attending meetings and NUJ members for attending MTUC workshops, EDC etc

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years but its not the case for the two staff whose salaries were not revised for the past 8 years. 11.8 Sdr Zaini Husin (Utusan) suggested that NUJ Exco should raise funds to make NUJ accounts healthier as was done previously by past excos. To this the General Treasurer disagreed saying Exco wasn’t paid salary to do fund raising drives. Sdr Zaini corrected her saying that responsibility was part of being an exco where the previous office bearers had been raising funds for the Union voluntarily. The GS added that RTU recently queried about funds and donations amounting to RM203, 738 and inquired the source(s) of the amount. He also said that for an association it does not need any permission from the RTU. However, it is not the case with a Union. He highlighted that if there be any donations received or of any fund raising drive it must be informed to the RTU because NUJ account is a consolidated account. He also advised that if branches were to raise funds or being given donation, to inform the general treasurer about it and to issue receipts and branch exco also need to make a working paper if wants to raise funds for its branch and NUJ has to notify RTU first about it before the drive could be carried out because NUJ HQ will be answerable to RTU on this. The GS said the two branches namely NST and Utusan are having a healthy account/financially independent while the others are not so. Therefore it is good for branches to raise funds so that they may be able to conduct more activities for members. 11.9 Sdri Sharmila (Star) said the Star branch has no qualms about raising staffs’ salaries and giving ex-gratia as they are in the Union fulltime. She also queried instead of waiting for next year, why not do the NUJ’s anniversary dinner this year-end notwithstanding the uncertainty of the general election dates. She said since NUJ is not hooked up with any political parties it should not be a problem to host the celebration. The GS agreed with Sdri Sharmila about the anniversary dinner. He wrote to invite PM to grace it. The Press officer said at that time the PM was very busy. He called recently to inquire whether the dinner was still on. However the Exco decided to postpone it to next year. The other problem was not enough funds because it was not initiated earlier as the exco was waiting for the PM’s reply and because if PM were to attend, a lot of companies would buy tables for the dinner as the advise given earlier to the GS by the foreign correspondence club officer. The other reason was excos are working journalists and find it difficult to go about raising funds outside their time of work. The GS’s view was to collect a large amount over the dinner and in future there be no need to collect for a long while. The last fund raising drive was carried out in 2009 and he guessed that about RM115,000 was collected and minus all expenses was RM35,000 and paid RM24,000 for renovation. As in the case of President Chin who was not given 2 days paid leave to do union work was seen as the present exco found it difficult to take leave to do fund raising drive even though the case has been successfully settled out of Court on the Sin Chew management’s request where management agreed to pay for the two days and in future but subject to giving notices for Union leave request. 11.10. Sdr Zaini queried if the NUJ premises was available for the photography club to rent as he being a member of MPPA. To this the GS said that the executive secretary had mentioned that the third floor tenant

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renting for RM1,000 and agreement had expired and there may be an availability but the coming exco can discuss about it. 12. ENDORSEMENT OF BUDGET FOR 2012/2014 12.1 Treasurer Sdri Habsah called the GS to brief the Conference on the proposed budget estimates for 2012-2013 and 2013-2014. GS said the income comes from rental, members’ subscriptions, sale of press card and car stickers and donations. Expenses incurred mostly from salaries, insurance, maintenance, legal fees, trustee fees and allowances for attending meetings and seminars, traveling and telephone for GS and refreshment. The Exco had made some cost cutting measures like cutting one of two telephone lines, less newspapers and Astro services. 12.2 The budget was unanimously endorsed. Proposed by Mona Ahmad (NST) and seconded by Surianie (NST). 12a. Matters Arising 12a.1 The President said that being a senior in NUJ, he informed that the Astro was installed since 1998 for members as was mooted by former General Secretary Oon to make a resource center at NUJ premises so that members can come and make use of. At that time his branch chairman who was also the Deputy General Treasurer mentioned about the resource centre. However, when he became exco and came to NUJ he was disappointed to find it far from what he had been told. He believed that the resource center is still a possibility. 12a.2 Sdri Joanne (Star) queried why NUJ do not have a lawyer in Penang so that the high fees as shown in the expenditure report could be reduced for Kwong Wah case. To this the GS replied it is because all filing in Court and records are in Kuala Lumpur. Furthermore there is only one branch in Penang while the 7 branches are in KL and Selangor and he has to go over to sign documents when required. To the GS’s reply, Sdri Joanne said its cheaper to courier documents to sign instead of going over there. The GS then added that he had to meet the lawyers to discuss matters at hand as well and it’s easier if the legal representative is in KL. She again queried how many times the lawyer has to go to Penang to handle the case. To this the GS replied only for two days for the trial. The President added earlier the Kwong Wah branch met the lawyer two times in KL and therefore the lawyer did not need to go to Penang. 12a.3 Sdr Zaini (Utusan) said the outstanding case for Utusan is the Bonus case appealed to High Court. Earlier the Branch and HQ shared the CA case. He queried who would pay for this case? To this the GS replied it would be discussed during the motion. 12a.4 Sdri Joanne (Star) queried about the computer plus website maintenance expenses of RM5,000 for two years and what does it cover? The GS replied that was to purchase new computers, which are over 5 years old and always breaking down. He said he had made applications to Youth and Sports Ministry for allocation of RM10,000 and he said he had submitted the application letter because the ministry has allocations for NGO’s. However he hasn’t got a reply yet. Sdri Habsah added that the operating system in use is Office 2003 because the computers cannot run on higher version and Word. docx and Excel. xlsx that are of higher version could not be opened. Sdri Joanne queried why

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not convert to doc and xls and send reports to them? To this Sdri Mona replied that their computers surprisingly don’t have the necessary converting software to convert docx to doc and xlsx to xls. The GS also added that several of the NUJ HQ equipment are donations from various individuals. Examples are 7 new chairs donated by a lawyer, 1.5hp air-condition by Bukit Bintang MP for and fridge by YB Gobind Singh Deo. He said that it’s better to get things in kind and not in cash so that RTU would not query. 12a.5 Sdr Zaini (Utusan) queried the same point. He asked how much goes for computers and how much for website maintenance? Sdri Habsah said NUJ paid RM3,000 for the website. She said that the website is still not very efficient and assumed allegedly that the executive secretary handles it fully. One delegate requested that the executive secretary be called to explain this but it was not done. 12a.6 Sdr Saiful Sahak (Utusan) said according to Habsah if asked for volunteers to take care of the website, he insisted such person should not be doing a half way job. 12a.7 Sdri Joanne (Star) queried on HQ budget under the staff salary, EPF and Socso and its breakdown. GS highlighted that the executive secretary’s salary this year is RM2,265 while Esther’s salary is RM3,110 and the RM897 is EPF while RM91 for Socso for 12 months. The following year they would be getting RM2,325 and RM3,170 while the EPF and Socso is RM938 and RM92.80 respectively. Therefore the expenses would go up and if the exco would be giving ex-gratia it would be RM2,265 and RM3,110 for this year and RM2,325 and RM3,170 next year. 12a.8 Sdri Kun Lai Leng (Sin Chew) queried whether the EDC expense (RM8,000) included allowance for delegates. To This the GS said yes. She also highlighted that there are more than a few allowances and under the HQ budget such as the training allowance, General Secretary’s telephone allowance of RM200 per month and queried if that could be reduced? She suggested that GS should get a better package to reduce the cost. GS defended saying this was for his calls while out of NUJ office. He said the allowance was given monthly to him in cash for use of his own mobile phone to make calls. Sdr Zaini (Utusan) said the RM200 is reasonable as it also could cover sms, parking and petrol claims as well for coming to NUJ office. The GS asked the floor about his allowance and whether it can be approved or to be reduced. Sdr Zaini proposed the RM200 to be retained. Sdri Joanne agreed with Sdri Kun that the GS should get a package that would cost less. Sdr Osman (NST) said NUJ should get another mobile phone with a package to be used by the GS exclusively for Union work. Sdri Kun Lai Leng (Sin Chew) needed to clarify on the matter, asking whether the telephone allowance was given solely for calls and not including any other expenses like petrol allowance or parking and that the petrol allowance and parking charges which the GS would claim separately. The GS replied it is true the he claims petrol and parking charges separately as he has to come to

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NUJ office three times a week and would claim accordingly. Sdri Kun Lai Leng (Sin Chew) again queried what he uses the phone for. GS replied the hand phone is necessary for him to be able to contact exco or office for various reasons including sending SMS for exco meetings. Sdri Joanne (Star) queried how many calls and SMSes he sends out in month. The GS replied he had to call office almost everyday. If he doesn’t call, he sends sms or email. General Treasurer Sdri Habsah interjected saying that the Secretary General is the ‘number one’ person in NUJ and not the President because he has to do all the work at NUJ and that is why NUJ gives him the allowance. Sdri Joanne again asked over the same matter that Sdri Habsah interjected earlier, which prevented the GS from answering. She also queried that RM200 was perhaps a lot for just doing Union work. The GS answered that he sometimes has to make calls to the executive secretary and talk about office matters while in Court and that would sometimes take around 15 minutes. Sdr Osman said if GS were to take a package of RM150 and then find out the calls came more than that, then he has to pay the extra. Sdri Joanne said that the GS uses the same phone for office as well as for personal. Sdr Osman then replied as what Sdri Zalifah (NST) said that doing an itemized billing would not work because in case there incur extra charges more than RM200, who would pay for it. Sdr Osman still insisted that the package idea would not be viable. Sdri Joanne (Star) argued that the GS uses the same phone for everything. Sdr Shaun Ho (Star) said earlier delegates argued that RM200 is more expensive than GS own usage and he suggested to take a package as had earlier been suggested by Sdri Kun and Sdri Joanne. He also said the GS should back his calls with receipts. Then the President said during Norila and Hong Boon How’s time there was no such thing as having allowance for phone and they never asked for one single sen. If they wanted to make outstation or overseas calls they would come to NUJ office to do that. Sdri Lai Thiam Wah (Nanyang) opined that it was not the matter of giving the GS the RM200 but he has to be accountable through proof of proper spending and secondly if there be a package much cheaper it should be utilized. At this juncture the Conference Chairperson asked delegates whether to put to vote on the GS telephone allowance, whether to allow him the RM200 or get a package or strike it out entirely. She also suggested leaving this decision to the incoming exco. The delegates agreed. She then asked delegates to move on and to look at the Branch budgets. 12a.9 Sdri Joanne (Star) queried on NST’s budget for legal fees. The GS replied that NUJ HQ shouldn’t be burdened with the whole sum and that the branch would also want to contribute towards any legal hidden cost that might incur. To a query by Sdri Sharmila (Star) on voluntary aid by legal representative, the GS replied that advise they could offer without cost but if a case goes

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to Court then they have to fork out money for filing the case and also to pay for the cost if they lose and at the same time they must also pay their staffs. The GS said that in his personal view there is no lawyer who would want to do for free unless perhaps it’s for criminal case. 12a.10 Sdr Basir (Utusan) in agreement with Sdri Sharmilla added that when NUJ appointed lawyer Ravin Murugawell for the 2008-2011 and 2011-2014 CA cases, NUJ paid him retainer’s fee RM3,000 and since taking up the CA 2008-2011 case he didn’t even ask for any payment such as payment to open file or of such until the case was over. The CA 2008-2011 was settled out of Court, which NUJ paid RM3,000 to Ravin. Meanwhile as for the other CA case, NUJ paid RM6,000 after it was settled in Court. This wasn’t so with Mr Muhendaran whom the GS decided to appoint over Ravin as the Union legal adviser. Sdr Basir also added that he was quite unhappy with Muhendaran because he once handled the case very badly for NUJ-Utusan during Norila’s time in 2006. [(2002-2005 and 2005-2008 CA (protracted CA (Tertunggak)] and compromised gratuity). Sdr Basir asked the GS during one of the exco meetings to explain why he appointed the lawyer even after being told about his inefficiency in handling this case and the GS argued that the lawyer’s office is near his workplace NST and it would be easier for him to meet the lawyer. Sdr Basir then asked the GS to explain the incurred legal cost of RM5,200 that Muhendaran billed for the Sin Chew case (President’s leave without pay) while at the same time NUJ paid him retainer’s fee of RM3,180. He said this case which was a much smaller case than the CA 2008-2011 settled out of Court which Ravin handled came up to only RM3,000. Sdr Zaini (Utusan) also agreed with Sdr Basir on this issue that the lawyer should not ask money before the case he’s handling be settled. He said pertaining to the Utusan case that Mr Muhendaran handled that caused a lot of members to lose out on their gratuities. To this the GS replied that the decision to appoint Muhendaran was done by the Exco and not his decision. Last year NUJ paid RM3,000 and this year NUJ paid another RM3,000. He admitted that he recommended it to the exco because his office is near to NST. He found it difficult to meet Mr Ravin even though Ravin’s office was near to NUJ office. He said that any industrial actions the GS has to sign document and that’s why he chose to appoint Mr. Muhendaran. He said there’s no charge to open file for a case. As for Sin Chew’s case the large amount must be paid to lawyer must be paid even though the case was settled out of Court. The industrial Court does not require the lost party to pay the cost and this only happens with cases in High Court. Conference chairperson then asked the delegates to move on to the other branch budgets. 12a.11 Sdr Taufek (Utusan) briefed to delegates that in Utusan branch the members’ subscription is RM12.20, an extra RM2.20 added which was initiated long ago during Abdullah Tahir’s time. He said that is why Utusan’s budget income looks very healthy. Sdri Joanne queried why there need to have the extra deduction by the branch. To this Sdr Basir replied that during that time the need to do more activities within the branch was already instilled among members. Sdri Joanne further queried how its members responded to this extra deduction. Sdr Zaini replied that its members trust that exco would do the right and necessary things with their money.

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12a.12 Sdri Mona (NST) queried on donation under Sin Chew budget and whether RTU queried on this. The President replied the donation is not much and every Chinese New Year the branch asks for sponsors. Also members received backdated pay and exco asked them to donate RM50 each to the Branch fund. The GS said its good that branches have a healthy account to be able to do many activities. 12a.13 Sdr Kuan Tai Huat explained Nanyang’s budget where the RM4,000 donation estimate is part of the branch’s plan to achieve within the time frame. 12a.14 Sdr Chiew Boon Leng (Nanyang) said in Nanyang there is a crisis of reducing membership because a lot of members keep resigning and also many were promoted to executives, This affected the branch greatly. Sdr Yau Choon Hiam (Nanyang Chairman) replied that back in 1998 the branch had 250 members but from that year Nanyang management kept promoting members to executive posts and that was the effect on the reduced membership in the branch. He said last time the chief reporter was made executive but now it happens to anyone. Sdr Chiew added that it’s not only in HQ that members resigned but also outstation branches as well. Sdr Zaini (Utusan) suggested that the move to executive was made attractive due to the salary. That is why exco must fight hard to raise salary levels in their CAs so that members would not be easily pulled into executive posts as they have the right to decline management’s offer. Sdr Yau again said the problem lies with the management. During the interviews, new workers were offered executive posts hence bypassing the union. Sdr Zaini replied that his branch would confront and ask management not to exercise this move. Sdr Yau answered in Nanyang once worker is an executive he/she cannot retract. Sdr Osman said in NST freshies were given executive posts and they are very excited with their title, not realizing their salaries are not as attractive as what an actual executive supposed to receive and regretfully learning that union members are getting higher. The exco had raised this up with the management but management said they accepted the offer. Sdr Basir said it also happened in Utusan. However exco brought it up at the IR and queried how could this move be allowed. That was during Norila’s time where the management and Union came up with an agreement that promotion to executive would be based on seniority, performance and qualification and that is still being adhered to even though there have been one or two cases which the exco would immediately bring up with the IR. Sdr Basir suggested that Nanyang do the same. To this Sdr Yau said back in 1999 this matter has been brought to the IR and to the HR Minister. However just as the scope test was done in Nanyang the HR Minister changed and the new minister Fong Chan Onn did not help much for the matter to be referred to Court.

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13. ADOPTION OF MOTIONS The GS asked the floor to refer to page 50, 51 and 52 of the BDC booklet. He said there are 17 motions to discuss; 8 from HQ, 4 from Utusan and 5 from NST. 14.1 NUJ HQ NUJ HQ 1. THAT the National Union of Journalists’ monthly subscription and the entrance fee be raised to RM20 as stated below: - RULE 4: SUBSCRIPTION AND ARREARS

1. The subscription payable shall be as follows: -

Entrance fee ... RM20.00 Monthly Subscription for members ... RM15.00 For Associate members ... RM10.00

Among the reason is that administrative cost is going up. For the 2012-2014, our estimated income is RM314, 000 but expenditure is RM359, 000. Deficit is RM45, 000. It is hoped that the increase in the fees will help cover some of the union administrative costs. The Union still needs to cope with the professional fees including legal, auditing, trustee and Union building taxes that are increasing every year. Utusan Motion Number 3: Mencadangkan agar pihak NUJ pusat mengekalkan kadar yuran yang sedia ada. NST Motion Number 1. Yuran ahli kena dinaikkan kerana NUJ Pusat mengalami perbelanjaan defisit. Belanjawan defisit 2012-2014 adalah kira-kira RM45, 000 walaupun Exco pusat telah mengambil langkah berjimat cermat seperti: a) memotong saluran Astro; b) menggunakan satu talipon daripada dua; c) memastikan semua sewa bulan dikutip supaya tidak ada tunggakan; dan d) selalu memastikan bilangan ahli berada di paras 1,400 ke atas. Polisi IFJ ialah ahli kena menyumbang 1 peratus gaji tahunan kepada Kesatuan dan ini dipraktikan di Eropah, Australia, NZ dan Jepun. Hasilnya Kesatuan di Negara itu kuat dan berdikari dari segi kewangan (financially independent). Pengiraan sumbangan 1 peratus: Contoh, jika gaji pokok bulanan ahli ialah RM1, 800 x 12 = RM21,600. Satu peratus ialah RM216 setahun. Jadi jika yuran dinaik dari RM10 ke RM15 sebulan dan didarab 12 bulan, jumlah ialah RM180 dan masih di bawah paras satu peratus. Kami Cawangan NUJ-NST mengusulkan supaya Exco 2012-2014 mengadakan undi sulit (conduct secret ballot) dalam masa 12 bulan dari tarikh mesyuarat hari ini (BDC 3 Nov 2012) untuk mendapatkan persetujuan dari sekurang-kurang 50 peratus ahli + 1 ahli yang berdaftar. Cawangan NUJ-NST juga mencadangkan yuran masuk keahlian dinaikkan kepada RM20 dan yuran ahli biasa ialah RM15, ahli bersekutu pula sebanyak RM10 sebulan. 14.1a: On Motion Number 1 (HQ), Motion 3 (Utusan) and Motion 1 of NST: Sdr Anba briefed the Conference on the three motion to increase and not to increase member’s subscription from RM10.00 to RM20.00.

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General Secretary Sdr Anbalagan pointed out that NUJ motion No 1, Utusan motion number 3 and NST motion number 1 are similar and proposed to discuss both together. Therefore delegates are asked to look into these motions not for discussion and debate but to let the incoming exco to exercise a secret ballot on this matter and let members decide whether to agree or disagree on the raise. He said this motion is just a notice only and not for the delegates of the Conference to decide. He quickly asked the floor to pass the resolution that the incoming exco do a secret ballot on the subscription raise within the next 12 months. Sdri Habsah (NST) and Sdri Mona (NST) and some other delegates agreed with the GS’s proposal. The GS then said since the delegates agreed unanimously over the decision to hold the secret ballot and it is therefore carried. Sdri Kun (Sin Chew) and President Sdr Chin were not very convinced over what the GS explained earlier and it is therefore not unanimous as yet. They asked again what did he mean. To this the GS replied that its for the members to decide whether to increase the subscription or not and that delegates cannot represent the 1500 members and delegates could not decide. The GS then immediately asked the floor for a proposer and a seconder to carry the motion. At this juncture, the Conference Chair advised the GS that he should not be vague and let the delegates understand about his explanation. The GS then replied that delegates do not have the power in deciding whether to agree or not on this motion but only to carry it. Sdri Kun said back in 2008 the delegates decided on the raise whether to carry or not. To this the GS claimed that the delegates were in error back then and also in 2006 when the motion was debated. The secret ballot procedure is provided under the RTU. Sdri Kun asked what then is the role of delegates if they have no right to decide and if delegates do not agree with this motion. The GS replied the branch could campaign during the secret ballot. Again the Conference chair informed the GS what Sdri Kun was trying to tell was that she disagreed with the idea of secret ballot bypassing the delegates’ decision to carry the motion or not in the first place as how the GS suggested and this sort of practice was not done previously. To this the GS again said the Conference was in error on that matter as was advised by lawyer Mr Muhendaran to practice in the way the GS described earlier. Sdri Kun replied that the motion, being a serious matter to let the delegates take some time to study the constitution properly and not to make a decision too fast. She also said that Mr Muhendaran may be a lawyer but she questioned whether he was an expert on NUJ’s constitution. To this the GS conceded and said the to leave it to the exco get legal advice and act accordingly. The President said that the Conference should give due respect to the delegates because they are the ones who have the highest power in decision-making and also to or not to adopt the motion. He said its absurd and a waste of time if delegates do not have the power to make decisions during the Conference. He also pointed out Rule 4.5 of the constitution on members’ fees. The GS pointed to Rule 25: imposition of a levy. At this point Conference Chair requested that GS allow the delegates to raise their hands to see how many agree to the motion. The GS called on Sdri Mona

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(NST) because she has something to say on the matter at hand. 3 Sdri Mona told the Conference that NST agrees with the raise because she alleged that every month NUJ HQ is facing a deficit. Therefore if NUJ is facing this condition every month the one of the ways is to raise subscription. According to the IFJ one per cent of members’ annual income must be subscribed to the Union. Sdri Kun explained that the raise was done in 2011 and now another call to raise subscription. Additionally some branches are not very rich and also the members’ awareness of the need to a subscription raise is not quite forthcoming. She also said that the salaries received by members especially in Chinese press are under par compared to the others. Sdri Lai (Nanyang) queried that should not expenses be reduced if there is a deficit and whether there be other ways for the Union to get more income. Sdr Basir said it is one of Utusan’s motion (Motion Number 1) to look for funds through other means. Sdr Basir added it is also true that delegates are given the mandate by members to decide the affairs of the union during the Conference. Sdri Lai questioned on Rule 25: ‘the imposition of a levy’.. Sdri Lai asked what it meant. GS replied it is a liability to members such as increase in fees and any monetary burden for members. The GS again suggested that the executive council to get legal advice and receive clarification on this matter first Sdr S. Kumara (Utusan) said if delegates were to decide to go ahead with the motion its not fair because members as a whole would be affected and hence he believed the secret ballot should be exercised. The President said the solution is simple, whether the secret ballot should be carried out or not, the endorsement should come from the delegates and let the delegates decide upon it. Sdr Chua (Kwong Wah) agreed that it must be brought to members to decide whether to increase or not. The President replied the delegates could endorse it right then. The Conference Chair then told the GS that the matter at hand was easy to be concluded. The motion should be decided by the delegates whether to carry it or not. If it’s carried then the secret ballot will take place. She then asked the floor to show hands in support of the motion. She again asked those who are not in support of the motion to raise their hands. Majority of delegates did not support the motion. The motion was therefore rejected. 2. THAT the National Union of Journalists increase the Welfare Fund benefits: - Increase in death benefit from a fixed rate of RM500 to an amount of up to RM1000; Increase in retirement benefit from a fixed rate 3 (Rule 9:5 of the NUJ Constitution states that ‘...delegates are eligible to vote at a delegates’ conference...’ vote means a yes or no; for or against – what does ‘eligible to vote’ mean when GS says delegates got no right to decide?)

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of RM500 to an amount of up to RM1000; Hospitalisation benefit increase from RM10 to RM20 at a maximum amount of RM300 per year and Lay Off benefit due to medical reasons to be raised from RM1,000 to RM2,000. 14.2a The GS told the Conference that the fund was initiated last year and now it has around RM35,000 as of now. The RTU told that since the fund has increased, the benefits also should be revised accordingly. The motion was put to vote. 30 supported the motion and the rest abstained. The motion was therefore carried. 3. THAT the National Union of Journalists amend the constitution to create a post of a deputy President. Most of the time the principal officers are not contested. We do not want the exco to decide who is the two to act in case the President is unable to carry out his duties. 14.3a The GS said between the two vice presidents who would carry out the president’s duty in his absence. Most of the time the post of vice president is uncontested. Therefore a post of Deputy President is needed to counteract this. The Conference Chairperson Sdri Karen relayed a query from the floor asking what is the role of vice president then if he cannot exercise his power during the president’s absence. To this the GS replied that in many organisations there is a post of deputy president and when the president cannot chair the meeting the deputy could do it. The President asked the delegates to look under Rule 13.2 the constitution on this matter. The rule states clearly that the post of deputy president is not necessary. To this the GS said in the long term it would come to use. Sdr Basir agreed with Sdr Chin that the Rule clearly states that the executive council can appoint one of the two when the President is unavailable. Therefore the post is not necessary. The GS said at present there are 8 key positions in the Exco. The post of deputy vice president is commonly found in other organisation and with the election of a deputy Voce President it will be only 9. A woman delegate from the floor said it would increase the allowance that NUJ is trying to cut. Sdr Osman said NST being the largest branch in NUJ have a right to hold the presidency post and key posts as majority counts. Sdr Zaini replied that everyone is a member and have a right to the posts notwithstanding how large the number of members within its branch. Sdri Karen then called upon the delegates to vote on the motion. Those who want the post created were 5 and number of those who disagreed was 29. Therefore the motion was not carried. Sdri Karen asked the floor whether they agree that among the three contestants for the vice president’s post, the one that obtained the highest votes would automatically be chosen to act on behalf of the President in his absence. The delegates agreed on that. 4. THAT the National Union of Journalists amend the constitution as below:-

i. Rule 3: 1 (b) membership to include radio, television, commercial firms, news-portals, satellite televisions and other similar establishment.

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ii. Rule 13:1 The President shall during his term of office preside all meetings of the executive council. At the delegates’ conference or extraordinary delegates conference, the President cannot be conference chairman, as he may have to answer queries from delegates.

14.4b The GS told the conference that the NUJ constitution was created back in the sixties and at that time there were no Internet and satellite and hence no news portals, online papers and satellite television like Astro. They are also eligible to become NUJ members. The wording “similar establishment was retained there so that in future news papers besides the traditional print media like Malaysiakini could also be included. One delegate said that NUJ couldn’t accept everyone as journalist. The GS replied that they also must filter that accordingly. Sdr Goh Wei Chiat (Sin Chew) mentioned about Sports writers Association of Malaysia (SAM) and how it opened its membership to other and created a lot of problems there and he asked about the criteria for becoming NUJ’s member. The GS asked to have a look at Rule 3 on the criteria. The President said that in 2008 NUJ wanted to amend this rule by adding online news and satellite news channels but the RTU Putrajaya did not approve this giving the reason that this contravenes the democratic practise. Sdri Habsah, while telling the President that he did not have the final say over the matter, wanted to convince delegates to pass the motion by bringing in the need for NUJ to obtain more income through these bodies joining where more members would generate more income through subscription. She said delegates should not be narrow minded over this matter as the fact remains that Internet media is growing ever bigger and overshadowing the traditional media. Sdr Zaini said that NUJ should seek funds from other sources like raising funds and asking sponsors instead of solely looking for increase in subscription through this move. In Utusan also the problem occurred but the branch decided to raise funds and set up welfare for its members. Sdr Chua (Kwong Wah) said there’s no purpose in having a union when journalists cannot join because of its limitation. Sdri Joanne queried whether these news portals be bloggers. Sdri Karen said this motion could be carried if they have the government issued media tags. One delegate said how about making the online media journalists as associates. To this the GS replied that associates are for persons who have the power of hiring and firing workers. It is not even mentioned in the Trade Union Act defining members but NUJ created this group and was allowed to do so by RTU. Online media workers are ordinary journalists and not executives nor are they management. The delegate replied that NUJ should change the rules on being an associate member. Sdr Zaini Husin disagreed that even now there are a lot of confusion among who could be direct or associate members. The GS said any direct member could become office bearer because he is entitled to vote and hold office. This is not so for associate members. If the company or organisation has 15 direct members then NUJ can set up a branch there and when 51 percent are members of NUJ, recognition could be

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sought from the company where workers can have the privilege of a collective bargaining thereon. Sdri Sharmila (Star) suggested the motion be reworded to make it clearer. 4(ii). The Conference agreed unanimously to amend 13.1 so that President would not preside over delegates conference. Sdri Karen then read out the amended version of the motion under Rule 3:1(b) adding the words “that are accredited by the Information Ministry” after the word establishments. She called the delegates who are in favour of Motion 4 i and ii a show of hands. 18 agreed while 17 disagreed with the motion. The motion was therefore carried. Adjourned for lunch at 1:45pm and resumed at 2:45pm 5. THAT the National Union of Journalists resolves that the Extraordinary Delegates Conference gives mandate to the Executive Council to fix allowances, wages and working benefits for the staff of the NUJ headquarters. 14.5a The motion was unanimously carried. Since there’s no recording done by Habsah, GS said it was passed 6. THAT the National Union of Journalists resolves that the Extraordinary Delegates Conference gives mandate to the Executive Council to engage temporary staff to serve the Union and to revise the budget estimates accordingly. 14.6a The motion was unanimously carried. Since there’s no recording done by Habsah, GS noted it was passed. 7. THAT the National Union of Journalists ensures that its members' individual rights to freedom of expression and communication are upheld and continuously demand for the repeal of Official Secrets Act 1972 and the Printing Presses and Publications Act 1984 while urging the government to enact the Freedom of Information Act. 14.7a The motion was unanimously adopted. Since there’s no recording done by Habsah, GS noted it was adopted. 8. THAT the National Union of Journalists being fully aware of the rights and welfare of working journalists come under the ambit of NUJ, it will continue to ensure that journalists when carrying out their duties, their rights and responsibilities are not infringed. 14.8a The motion was unanimously carried. Since there’s no recording done by Habsah, former GS noted it was passed.

14b. NUJ-UTUSAN MELAYU BRANCH

1. Mencadangkan NUJ pusat menggerakkan usaha mencari dana luar dan tidak terlalu memfokuskan pencarian wang daripada ahli semata-mata. Usaha ini perlu dilakukan oleh Presiden, Setiausaha Agung, Naib Presiden 1 dan 2, dan Bendahari Agung bagi menjalankannya. 14b.1a: General Treasurer Sdri Habsah did not record this part. The GS noted it was carried by majority vote. 2. Mencadangkan NUJ pusat melakukan sesi lampias minda di antara jawatan kuasa baru bagi membincangkan fokus gerak kerja yang belum dilaksanakan dan usul-usul yang diterima tapi tidak dilaksanakan.

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14b.2a: General Treasurer Sdri Habsah did not record this part. The GS noted that it was carried may majority vote. 3. Motion 3 of Utusan was discussed together with NUJ HQ motion 1 and NST motion 1 earlier 4. Mencadangkan agar keahlian bagi wartawan eksekutif dijadikan keahlian bersekutu sahaja dan bukan direct member kerana ia bagi menyesuaikan keadaan dalam Perjanjian Bersama di setiap cawangan yang mengecualikan hak-hak dalam ketegori NUJ bagi diguna pakai eksekutif. Ahli eksekutif yang mempunyai kuasa mengambil dan membuang pekerja pula tertakluk kepada peraturan sedia ada. 14b.4 On this motion the GS said that a joint reference was made between NST and between UKB and the DG of IR will be making a decision over the job scope of bargainable and non-bargainable workers. Therefore the above motion was put on hold. 14c NUJ-NSTP BRANCH 1. Motion 1 of NST was discussed together with NUJ HQ motion 1 and Utusan motion 3 earlier 2. Kos guaman perlu ditanggung bersama antara pusat dan Cawangan/ahli bagi kes pemecatan ahli, kes perjanjian kolektif (CA) dan pertelingkahan tred (trade dispute). Bagi kes pemecatan, kami cadangkan Pusat menanggung 50 peratus, cawangan (30 peratus) dan ahli 20 peratus (jika kes menang ATAU majikan membuat penyelesaian di luar mahkamah). Jika kes kalah, pusat akan menanggung 60 peratus bayaran dan cawangan 40 peratus. Exco boleh menentukan kadar peratus jika kes di bawah ke Mahkamah Tinggi, Mahkamah Rayuan dan Mahkamah Persekutuan kerana kos guaman yang agak tinggi di samping kos-kos lain. Untuk perjanjian kolektif (CA), formula tanggungan bayaran guaman ialah 50 peratus daripada pusat dan 50 peratus daripada Cawangan berkenaan. Jika sesuatu isu membabitkankan kuasa Pusat, 100 peratus bayaran adalah ditanggung NUJ Semenanjung Malaysia. On NST Motion 2: 14c.2a: Sdr Basir queried why must there be difference of 30 per cent and 20 per cent for branch and member involved and wouldn’t branch and member be included as the same. To this the Gs said that if the member wins in the case as mentioned in Para one and that the management would pay the settlement to the member involved. So he has to pay also his cut (20 per cent of the whole legal cost involved). Right now its 50/50. 14c.2b: The President said that when NUJ won a case against Sin Chew back in 2001, members who were paid their arrears of 14 years (as the case carried on since 1988 over existing CA of 1987) were happy to pay a voluntary sum to the Union. To this the GS replied that this member’s cut is a guideline to follow and according to cases involved. Members are not involved if the case is involving only the representation of branch such as CA case and not individual based like termination. The motion was put to vote:- those agreed were 23 while 16 disagreed. Therefore the motion was carried. 3. Bagi mengukuhkan kedudukan kewangan Cawangan, Exco boleh mengarahkan jawatankuasa cawangan mengutip dana pada akhir tahun apabila ahli Cawangan itu menerima gaji tunggakan (deferred salary) atau bayaran bonus ataupun tunggakan bayaran dari perjanjian kolektif (CA).

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Kadar ini boleh ditentukan oleh jawatankuasa Cawangan dan wang boleh disimpan dalam akaun Cawangan. Dana ini boleh digunakan untuk membayar elaun kepada Exco Cawangan, menampung belanja seperti makan tengah/malam ketika berjumpa ahli-ahli di peringkat akar umbi, membayar kos pengangkutan dan mengadakan majlis sambutan Hari Pekerja dan juga menampung sebahagian kos guaman. On NST Motion 3: 14c.3a: Sdri Mona said the branch could decide on how much it could contribute to the fund. The motion was put to vote. The delegates agreeing to the motion were 25 while 9 did not support. The motion was therefore carried. 4. Bahawa NUJ mengambil tindakan susulan mencari jalan penyelesian kepada isu yang mengancam kewujudan atau melemahkan Kesatuan kita, iaitu a. terdapat "in-house union" yang bersaing dengan cawangan NUJ-Sin Chew b. majikan mengambil pekerja kontrak untuk tempoh setahun atau dua dan menghalang mereka dari menyertai Kesatuan. c. majikan meminta ahli kesatuan untuk menguggurkan keahlian bila dinaikkan ke jawatan "eksekutif" kerana tiada peruntukan dalam perlembagaan NUJ. d. menaikkan pangkat ahli kesatuan menjadi eksekutif tetapi skop kerja mereka masih sama dengan ahli Kesatuan.

On NST motion 4: 14c.4a: The President said he has been with Sin Chew for 20 years and therefore know the problem of the in-house union. The problem arose when the management took over Sin Chew in 1988 after Sin Chew was shut down during Operasi Lalang for seven months in 1987. When the new management Pemandangan Sinar Sdn Bhd. took over, NUJ went to Court over the CA issue. 120 members were affected and out of those 80 members refused to sign a new contract with the management while the rest went back to work under the new management. From Industrial Court when NUJ won, company appeal and they won according to the interpretation of the IR Act. NUJ took it to High Court and NUJ won. In Supreme Court company won and finally the Federal Court gave the award to NUJ. During these 14 years the In-House union was formed with a different name without putting the Sin Chew name, calling itself Kesatuan Pekerja-pekerja Pemandangan Sinar Sdn Bhd so that members would not know about the existing NUJ-Sin Chew branch still in Court. The NUJ exco during Norila’s time had met the RTU about the matter and queried on how did the Department and the IR gave recognition to the in-house even while the NUJ-Sin Chew is still in existence. The NUJ was not given a clear answer over this matter. And when the NUJ won the case NUJ had to get another recognition from the management which should not have been the case but since the in-house is already recognised, NUJ had to reapply. The in-house has since signed several CAs and because of its CA, the branch CA would often be undermined. In 2009 NUJ-Sin Chew was recognised. This motion with its subs a,b,c and d was unanimously agreed upon and therefore carried. 5. NUJ pusat mesti memastikan bahawa draf rundingan kolektif (CA) untuk tempoh tiga tahun akan datang di hantar kepada majikan sekurang-kurangnya 60 hari sebelum tarikh luput perjanjian kolektif masa kini. Ini untuk melindungi kepentingan dan "monetary benefit' ahli-ahli kerana sebarang kelewatan akan menyebabkan Kesatuan berada dalam kedudukan lemah dalam proses tawar menawar. Jika keadaan memerlukan, NUJ pusat dibolehkan menghantar cadangan rundingan kolektif jika cawangan tidak bertindak dalam tempoh yang ditetapkan. On NST Motion 5: 14c:5a: The GS said if this is not followed, members stand

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to lose in arrears of the CA because the time frame for backdated arrears that must be paid by the company is 6 months and the Union cannot argue if management were to exercise this under IR Act. The motion was unanimously agreed upon and therefore carried. 15. ELECTION OF SCRUTINEERS 15.1 The Conference unanimously decided to elect five persons as NUJ scrutineers. The GS requested to have one scrutineer from each branch. On a query from the floor on their role, the GS replied that they would be in charge of looking into nomination and election process of the Union. The five scrutineers must not be exco members. The branch must inform NUJ if any of the scrutineers resigned so that it can appoint someone new because under Rule 17 of the NUJ it must keep five scrutineers at all times. 15.2 Sdri Surianie (NST) proposed Azrina Azhan (NST) as the first scrutineer. The proposal was seconded by Mona Ahmad (NST) Sdri Azrina Azhan (NST) was unanimously appointed by the conference as the first Scrutineer. 15.3 Sdr Muhammad Dayne (Utusan) proposed Sdr Saiful Sahak (Utusan) as second scrutineer. Sdr S. Kumara (Utusan) seconded. Sdr Mohd Saiful Mohd Sahak of Utusan was unanimously appointed by the Conference as the Union’s second Scrutineer. 15.4 Sdri Wong Sook Peng (Nanyang) proposed Sdri Tan Siew Ling (Nanyang) as the third scrutineer. Seconded by Sdr Goh Yen Foo (Nanyang). Sdri Tan Siew Ling was unanimously appointed by the Conference as the third Scrutineer. 15.5 Sdri Christina Low (Star) proposed Sdri Sharmila Nair Balan as NUJ's fourth scrutineer. Seconded by Sdri Joanne (Star). Sdri Sharmila Nair Balan (Star) was unanimously appointed by the Conference as the fourth Scrutineer. 15.6 The Conference chairperson Sdri Karen (Sun) proposed Sdri Hemananthani Sivanandam of Sun as the fifth scrutineer. Sdri Joanne (Star) seconded it. Sdri Hemananthani Sivanandam (Sun) was unanimously appointed by the Conference as NUJ's fifth Scrutineer. 16. APPOINTMENT OF TWO INTERNAL AUDITORS They shall audit the NUJ accounts acting together and shall have free access to all books and documents necessary to complete their audit. 16.1 Proposed by Joanne (Star) and seconded by Sdr Shaun Ho (Star), Sdri Christina Low (Star) was elected as NUJ’s first internal auditor. 16.2 Proposed by Sdr Koh Liang Poh (Sin Chew) and seconded by Sdr Hong Kok Chuan (Sin Chew), Sdri Kun Lai Leng (Sin Chew) was elected as NUJ's second internal auditor. 17. APPOINTMENT OF EXTERNAL AUDITORS 17.1 The Conference unanimously decided to let Messrs Tai, Yapp & Co be the Union External Auditors. Proposed by Sdri Surianie (NST) and seconded by Sdri Andrea Christine (Star). 18. TRUSTEES

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18.1 Public Bank Trustee Berhad is the NUJ Trustees. The trustee is retained by the Conference. Proposed by Sdri Bennie Zie (NST) and seconded by Sdr Sritharan Gopalan Kutty (NST). 19. PANEL OF ARBITRATORS The panel of arbitrators that were maintained as below: i. Mohd Khalid Atan – President MTUC l ii. Mohd Roszeli Majid – President -TNB Junior Officers Union iii. Sdri Kang Swee Leng – Vice President MTUC iv. Sdr Ng Choo Seong –General Secretary – ABOM v. Sdr. A.Balasubramaniam – Vice President – MTUC The above was proposed by Sdr Saiful Sahak (Utusan) and seconded by 20. BANKERS 20.1 The Public Bank Berhad, Jalan Raja Chulan Branch, Kuala Lumpur and Bank Bumiputera Commerce, Jalan Tun Sambanthan Branch, Kuala Lumpur are the banks serving NUJM. Proposed by Sdr Mohd Hidhir (Utusan) and seconded by Sdr Muhammad Asraf Awaluddin (NST). 21. CHANGE OF SIGNATORIES 21.1 A change of signatories where NUJ President, General Secretary and General Treasurer were all required signing for NUJ cheques. Proposed by Sdr Mohd Taufek Razak (Utusan) and seconded by Sdri Joanne (Star). 22. ANNOUNCEMENT OF ELECTION RESULTS 22.1 Union Scrutineer Sdri Tan Siew Ling of Nanyang announced the Election result for office bearer for the period 2012-14. She said there were 39 spoilt votes for post of President, 108 spoilt votes for Vice Presidents, 26 spoilt votes for General Secretary and 104 spoilt votes for Deputy Deneral Secretary’s post. On a query from Sdr Basir about the spoilt votes, the Scrutineer replied many marked I, or slash instead of X on the ballot form. The following officers were returned unopposed. A total of 12 nominations were received during the close of nominations. The results were as follow: The contest was held for the post of President, Vice President, General Secretary and Deputy General Secretary.

PRESIDENT: Chin Sung Chew (Elected) with votes 711 obtained Latip Mat Radzi with 557votes obtained

VICE-PRESIDENTS: Mohd Taufek Razak (Elected) with 948 votes obtained Noor Azmi Othman (Elected) with 801 votes obtained Mohd Basir Zahrom with votes obtained = 576

GENERAL SECRETARY: Schave Jerome De Rozario (Elected) with 666 votes V. Anbalagan with 563 obtained votes

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DEPUTY GENERAL SECRETARIES: Kuan Tai Huat (Elected) with 896votes obtained

Mohd Hidhir Basarudin (Elected) with 886 votes Abdul Hafiz Mohammad Yatim with 542 votes obtained

GENERAL TREASURER: Baharuddin Reseh Hj Yaacob (Won Uncontested)

DEPUTY GENERAL TREASURER: Vacant The representatives of the Branch who will be as Exco members are: - Mona Ahmad - NST Exco, Muhammad Basir Abu Bakar - Utusan Exco, Shaun Ho - Star Exco, Pow Hsiao Haan - Sin Chew Exco, Chiew Boon Leng - Nanyang Exco, KY Leong - Kwong Wah Exco, Mohd Saiful Rizal - UKSB Exco while Sun Exco is Pauline Wong. The Conference Chairperson called upon the newly elected officers of the NUJ to take their respective seats. The Conference Chair Sdri Karen on behalf of everyone wished to relay her appreciation and thanks to the previous executive council members for their untiring work in the past. She also conveyed here hopes that the new council would bring NUJ to greater heights. The Conference Chairperson invited the new President to give his speech. 24. SPEECH BY NEW PRESIDENT President Sdr Chin thanked the delegates and members as a whole for their confidence in his team from the results of the election. In his speech Sdr Chin asked members to give him full support so that the new elected executive council could do the better. He told the Conference that are several cases to be settled as soon as possible He gave his promise the team would do the best of its capacity to further the cause of the union and journalist welfare. He finally said he would like to convey thanks on behalf of the newly elected team to the outgoing exco for their untiring work done for the past two years. There being no other business for the day, the Conference came to a close at 4:15 pm with a word of thanks to the Chair. Proposed by Sdri Joanne (Star) and seconded by Sdr Kun Lai Leng (Sin Chew). Voice Recording by the outgoing General Treasurer. Prepared by: SCHAVE JEROME DE ROZARIO General Secretary Approved by: CHIN SUNG CHEW President