Recognition of trade union

Rights of Recognition trade union,Introduction,Types of Recognition,Methods of Recognition,Criteria,Rights of recognized trade union.

1. RIGHTS OF RECOGNISATION TRADE UNION

2. What is RECOGNITION Recognition means the expressed recognition of a registered trade union by an employer or by an employers association for the purposes of collective bargaining. Recognition is different from registration. Recognition is provided to that union which comprises of more than 50 percent of the employees in that establishment as its members. It is the employer and only the employer, who awards recognition to one or more unions, or refuses such recognition

3. TYPES OF RECOGNITION Recognition is of two types: 1. VOLUNTARY TRADE UNION RECOGNITION: When an employer voluntarily recognizes a trade union without using any legal procedures . 2. STATUTORY TRADE UNION RECOGNITION: If an employer and trade union do not come to a voluntary recognition agreement, a trade union can make an application for statutory recognition . This only applies where the employer, together with any associated employers, employs 21 or more workers.

4. CONDITIONS FOR RECOGNITION All ordinary members are workmen employed in the same industry or in industries closely allied to or connected with another;  It is representative of all workmen employed by the employer in that industry or those industries;  Its rules do not provide for the exclusion from membership of any class of workmen  Its rules provide for the procedure for declaring a strike ;  Its rules provide that a meeting of its executive shall be held at least once in every 6 months  It is a registered trade union and that it has complied will all the provisions of he Trade unions (amendment) Act, 1947.

5. METHODS OF RECOGNITION

6. 1) Membership Verification: An official of the labor department of the state or central government visits the establishment, obtains the manpower list from the management and asks each employee individually whether or not they wish to become members of a union and if so, which union. Based on the responses, it is identified which union gets the majority support of employees. This becomes the criteria for selecting the sole bargaining agent in an establishment.

7. 2 ) Check-off: Employees are asked to state in writing whether or not they belong to a union and if they do, to which union. Also, they should undertake in writing that they are willing to have union membership deducted from their salary . The check-off system helps management to know and make an assessment of the relative strength of unions for the purpose of recognition.

8. 3) Secret Ballot: A more democratic method, election by secret ballot, enables employees to exercise their option secretly, without fear or favor. The entire process takes place in the overall supervision of the Chief Labor Commissioner. There are two types of secret ballots : • Panel: In panel type, the union formed can be a mix of electing members from different parties. For example, a union may be formed with president from one union , secretary from other union and treasurer from a third union. • Banner: In banner type, employees vote for a single union i.e. all positions are held by electing members of same union.

9. 4) Code of Discipline: The criteria is set for recognition of trade unions. In professionally managed organizations the management signs an agreement with the recognized union which stipulates do’s and don’ts for management and union but all these are not binding on the management and the trade union.

10. CRITERIA FOR RECOGNITION UNDER CODE OF DISCIPLINE 1) The Unions should have at least one year standing. 2) They should have at least 15% of the membership of the establishment to claim recognition; and 25% of the work force to claim recognition on industrial basis. 3) When there are multiple unions in an establishment, the union with largest membership will be given recognition. 4) The local unions if they have more than 50% of the membership of the locality , can be recognized to represent their grievances. 5) The recognition granted will be valid for 2 years. 6) The unions which do not follow code of discipline will not be granted recognition .

11. RIGHTS OF RECOGNIZED TRADE UNIONS  Right to sole representation  Entering into collective agreement on terms of employment and conditions of service  Collection of membership subscription within the premises of the undertaking, the right to check-off  Holding discussion with departmental representatives of its workers-members within factory premises  Inspecting by prior agreement the place of work of any of its members  Nominating its representatives on works/ grievance committees and other bipartite committees

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