Mr Speaker, Sir, though I am grateful to the Minister for Labour for presenting before this House a Bill to amend the Industrial Relations Ordinance, 1962, I have some comments to make, especially in relation to the proposed amendments. My first comment is in respect of clause 8 of the Bill in which it is proposed to include new section 15A in the Ordinance. I gladly welcome the move to bring the question of union recognition by an employer within the scope of the Ordinance by treating recognition as an industrial matter. But my concern is that the question of union recognition does not seem to be adequately dealt with in the proposed amendment. I refer to the fact that a union may not be granted recognition by an employer if the result of a secret ballot shows that the trade union does not represent the majority of the employees or class of employees in respect of whom the right to represent is claimed by the trade union, as stated in subsection (3) of the proposed section 15A. Sir, I am bringing up this point because, once this Bill is passed by this House and becomes law, the question of union recognition becomes very vital and crucial to any union, and until a union has been accorded recognition by an employer in accordance with the provisions of the proposed section, the union has no right to represent the employees vis-a-vis the employers. This problem of union recognition does not arise in the case of an established industry or undertaking where unionisation has taken place or has been taking place for some time. In such a case, the provision for union recognition as set out in the proposed section is adequate, because unionisation of workers will have taken place. The problem then would likely be one of whether Union A or Union B should be given the right to represent the workers. In such a situation, where two rival unions compete for the right to represent the workers - I repeat once more here - I agree that the provision of the proposed amendment deals adequately with the problem of resolving which union is to be accorded the right to represent the employees. I do not think there will be any disagreement among Members in this House that they would not consider it unfair that the union which obtains the majority of votes in a secret ballot should be given the sole right to represent the workers vis-a-vis the employer. What I have in mind is this, that in the case of a new industry or undertaking where unionisation is in the process of taking place and in such a case where a union has only started to move in and organise the workers, it is plain common sense that it will take some time before the union can enrol the majority of workers in such industry or undertaking to become members of the union. I have been given to understand by the Pioneer Industries Employees' Union that the workers in such industry or undertaking are often reluctant to become members of the union until they are convinced that the union can do something for them in relation to their benefits, terms and conditions of service. But this means, in effect, that the workers expect the union to obtain a favourable collective agreement on their behalf before they consent to become members of the union. This I can assure you, Sir, can make things rather difficult for the union, because when negotiations for a collective agreement break down - and this is highly probable in the case of a first collective agreement - the matter will be referred to the Industrial Arbitration Court whose practice in the case of a first collective agreement is to make an award that follows the minimum provisions of the prevailing employment Ordinance in Singapore. It is not difficult to understand here why these workers question the purpose of a union when it is unable to obtain for them benefits over and above those laid down in the relevant employment Ordinances. To come to the point, it would be hardly conducive to industrial peace to allow a situation to develop where an employer can refuse recognition to a union solely on the ground that it does not represent the majority of the employees. So to prevent such a situation I suggest that some provision be made for the Minister to direct, at his discretion, that any union be accorded recognition by an employer, notwithstanding the fact that such a provision will have the effectiveness of the proposed section 15A. Such a provision, of course, is subject to the fact that only one union is involved in this question of union recognition. As I have stated earlier, Sir, where two or more unions are competing for recognition it is only fair that the union which obtains the majority of votes in a secret ballot is entitled to represent the workers comprised in the secret ballot. To extend this principle of majority to a situation where only one union is seeking recognition from an employer is to create unnecessary industrial unrest and injustice because, as I have said earlier, in the case of a new industry or undertaking, it may be difficult for a union to organise the majority of the workers until some time has elapsed. The last point I would like to make in respect of this question of union recognition is that some provision must be made to safeguard the interests of workers who are members of a union which has lost out in secret ballots where there are two unions competing for the right to represent the workers. Now, according to the provisions of the proposed section l5A, only a successful union will be recognised as a negotiating body for the workers. But, as it often happens, the members of the unsuccessful union are liable to be victimised by the employers. I am fully aware that sections 75, 76 and 77 of the Ordinance provide legal protection for such workers who have been victimised by the employers. The difficulty lies in enforcing or seeking the legal protection provided under the Ordinance. The difficulty lies in the fact that no employer will be so foolish as to state in writing the true reasons why he had victimised a worker. It may be that the latter is engaged in trade union activities and also the fact that the worker, being a human being, is so perfect that an employer cannot find any fault in his conduct or competence or efficiency as to warrant his justification for the dismissal of the employee. I will deal with this point more fully later. For the present, I only wish to add that the successful prosecution of an employer under the provisions of sections 75, 76 and 77 of the Ordinance must be dependent on circumstantial evidence in the absence of better evidence. An employer may tell a worker in the privacy of his office that it is detrimental to the interests of the worker if he persists in continuing his union activities. If the employer is brought to court and if he denies that he ever made such a statement, then it is the worker's word against the employer as to whether such a statement was ever made by the employer. Considering the difficulty facing a worker when he seeks to obtain redress through the ordinary law court, it is no surprise that the worker would prefer to have his legitimate grievance or complaint dealt with by the Industrial Arbitration Court. Sir, the point I want to make here is that the proposed section l5A should provide that where two or more unions compete for the right to represent the workers, those workers who have been members of the unsuccessful union up to the time of the secret ballot and still continue to be members of the unsuccessful union in spite of the fact that this union has no locus standi in the eyes of the employer, should be brought before the Arbitration Court by the unsuccessful union. As I see it, this question of union recognition should be properly treated as a question of the definition of the relationship between an employer and a union in respect of a collective agreement and other incidental matters thereof. While an employer is entitled to refuse to deal with any union other than the one to whom he has accorded recognition, in accordance with the provision of the proposed section 15A., he should not be allowed to seek refuge behind the provisions of this section when he has committed an act of injustice which is within the jurisdiction of the Industrial Arbitration Court to direct. At this juncture, I think I should remind Members that the Industrial Arbitration Court grants hearing only to an employer or to a union - an individual worker has no right to appear before the Industrial Arbitration Court. The Industrial Arbitration Court grants hearing only to an employer. So there is no opportunity for an individual worker, if he has grievances, to appear before the Court. Even no union can appear on his behalf, because, you see, it is not recognised by the employer. Under the provisions of this proposed section 15A, the plight of those workers who are members of the union which lost out in the secret ballot is most unenviable. Any dispute the workers may have with their employer cannot be brought before the Industrial Arbitration Court, because under the provisions of section 20 (a) of the Ordinance, a joint application by both the employer and the union is necessary for the reference of the dispute to the Industrial Arbitration Court. In the situation as I am describing now, the employer will not consent to make a joint application with the union which the employer is entitled not to recognise as a representative of the workers, and the union which is accorded recognition by the employer will be entitled to refuse to take up the case of these workers who are not their members. This, in effect, leaves such workers without the right of redress to the Industrial Arbitration Court. Under the provisions of the present Ordinance, the Minister may direct such a dispute as I have described to be referred to the Industrial Arbitration Court in accordance with the provisions of section 28 (b) . But my only concern is whether the enactment of the proposed section 15A will have any effect on the Minister's right to intervene in the situation I have described before. If the Minister for Labour can give me an assurance that it is still possible, after the enactment of the proposed section 15A, for workers who are members of a union which lost out in a secret ballot to obtain redress through the Industrial Arbitration Court in the event of any dispute arising between them and the employer, I shall be most satisfied.