Recognition of Trade Unions.pptx

LAW

1. Recognition of Trade Unions BA/BBA LLB 7 TH SEMESTER RAMANDEEP KAUR ASSISTANT PROFESSOR OF LAW

2. Meaning and definitions: Trade union: defined under trade unions act, 1926 under section 2(h) which means Trade Union" means any combination, whether temporary or permanent, formed primarily for the purpose of regulating the relations between workmen and employers or between workmen and workmen, or between employers and employers, or for imposing restrictive conditions on the conduct of any trade or business, and includes any federation of two or more Trade Unions:

3. CHECK OFF SYSTEM The employer undertakes on the basis of collective agreement or other device, to deduct union fees from the worker’s pay and transfer the same to the union account.

4. Single negotiating agent A single trade union, a group of unions or a group of workers’ representatives which alone is authorized to negotiate with the employer and enter into collective agreement with him.

5. Negotiating College Group of trade Unions are designated as negotiating of bargaining agents.

6. Bargaining Agent A trade union or a group of trade unions or a committee of workers entitled to bargain collectively with the employer.

7. Criteria for the determination of representative Unions Although the verification of membership method has been widely used in many industries and employments, it involved numerous difficulties, consumed lot of time and raised doubts in its authenticity. The method of secret ballot has been sparingly used in a very limited number of cases.

8. First National Commission (1969) on Recognition of Trade Unions The first NCL after considering the advantages and disadvantages of both the methods, suggested that the task should be entrusted to the proposed Industrial Relations Commission which would be free to select either of the two. The First NCL has suggested that a trade union seeking recognition as bargaining agent from an individual employer should have a membership of at least 30% of workers in the establishment. A minimum of 25% of membership is necessary for recognition at region- cum- industry level. Where more unions than one contend for recognition, the union has larger following (membership)will be recognised.

9. Second National Commisison on Labour (2002) The second NCL(2002) suggested the adoption of the ‘check off’ system in establishments or undertakings employing 300 or more workers and the ‘ secret ballot’ in those employing less than 300 workers. The second NCL (2002) has recommended a minimum of 66% of membership for recognition as ‘single negotiating agent ’ and 25% membership for inclusion in the ‘negotiating college’ representing the negotiating agent. In the absence of a trade union, the ‘ negotiating committee’ consisting of elected representatives of workers will be designated as negotiating agent.( because alone negotiating with the employer)

10. VOLUNTARY RECOGNITION It is the most common way a union can gain recognition for collective bargaining purposes is by the employer simply agreeing to recognize it voluntarily. There is no need to use legal procedure An employer can recognize one or more trade unions. There rae procedural agreements done by Labours Relations Agency.

11. Statutory Recognition Application for statutory recognistion Employer employed 21 or more workers Even after statutory agreements voluntary agreements need to exist Procedure: Employer – 21 or more workers Clearly identify the union and bargaining unit State that the request is made under Emplyment Relations (NI) Order 1999 10 days to respond If you agree the request you are formally registered trade union for collective bargaing purposes. Union can apply if rejected apply to Industrial Court.

12. Consequences of Trade Union Recognition Making arrangements for the conduct of the collective bargaining Once the union has achieved recognition either via a voluntary or statutory procedure the parties need not to agree how you will conduct collective bargaining. Deciding what a collective agreement will cover Collective agreements usually cover pay arrangements and other terms and conditions of employment. Legal Consequences of statutory trade union recognition Once the Industrial Court declares that a union is recognized, the union is entitled to conduct collective bargaining on pay, hours and holidays although the parties can agree to cover additional issue.

13. Recognition of trade union: Recognition is the process through which the employer accepts a particular trade union as having a representative character and hence, will be willing to engage in discussions with the union with respect to the interests of the workers .

14. Need For Recognition of Trade Union: Collective bargaining is an important aspect of employer employee relation. The right of collective bargaining is not provided for all trade unions that exists but is provided for those trade unions which are recognized Registration of trade union is one thing and the recognition of trade union as a sole bargaining agent for the purpose of collective bargaining is another thing. Number of industrial strikes broke out on the question of recognition of union. In practice, management allows the recognized Trade Union only for negotiations and collective bargaining. As such, recognition of trade union serves as backbone of collective bargaining. It has been debated time and again whether a trade union should be recognized or not. This is because there is so far no enforced central legislation on this subject, i.e., recognition of trade union. In Kalindi and Others v. Tata Locomotive and Engineering Co. Ltd the Supreme Court held that there is no right to representation as such unless the company, by its standing orders, recognizes such right. The decision was reiterated in  Bharat Petroleum Corporation Ltd. v. Maharashtra General. Kamgar Union & Ors .

15. K ey distinction between registration of trade union and recognition of trade union The key distinction between registration of trade union and recognition of trade union is the registration of trade union is done with the registar while recognition of trade union is done by the management as collective bargaining agent (in case of one union) and collective bargaining council in case of many council). Both are not mandatory under the Trade Unions Act. Trade unions once recognized are conferred certain rights but the trade union as such has no inherent right by itself to be recognised , it is the discretion of the management to recognise any such trade union.

16. Registration And Recognition Of Trade Union A registered trade union is deemed to be a body corporate, giving it the status of a legal entity that may, inter alia, acquire and hold property, enter into contracts, and sue others. A registered trade union is also immune from certain contractual, criminal and civil proceedings. However, registration is optional and not mandatory. Generally, registration of trade unions under the TU Act does not automatically imply that a particular trade union has gained recognition status granted by the employer. Unless different Indian states have specific legal provisions pertaining to recognition of trade unions, it is generally a matter of agreement between the employer and trade union. Ideally, a trade union must obtain legitimacy through registration under the TU Act and then seek recognition as a sole bargaining agent either under the appropriate law or an employer-employee agreement

17. Reports, Statues And Recognition of Trade Union In chapter III A from section 28A to Section 28 I. Section 28A deals with definition of ‘appropriate government’., section 28 B deals with appointment, constitution and powers and procedures of labour court, section 28 C to section 28 I deals with recognition of trade unions. (But since the day it was inserted it did not come into force and remains a dead letter. Further attempts were made for compulsory recognition 1950, 1978 and 1988, but it could not be materialised . National Labour Commission in 1969 reviewed many of the labour legislations and proposed many recommendation, it also reviewed the trade unions act 1929.)

18. VOLUNTARY AND STATUTORY RECOGNITION VOLUNTARY RECOGNITION This is the most common recognition which doenot involve legal procedure and can exist regardless of the number of employees. Statutory Recognition If an employer does not voluntarily recognize a trade union, it may apply to the industrial court for the legal right to be recognized by an employer for collective bargaining over pay, working hours and holidays, in respect of a group or workers in a particular bargaining unit. For example, if an organization employs more than 20 workers, of which atleast 10% are members of a union, the union may apply for the statutory recognition process to begin if it appears that the majority of workers are likely to support recognition.