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.
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
criteria
Verification of
membership(whether
workers are enrolled or
not?) Trade union fee,
subscription fee paid or not?
Secret ballot
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.
11. 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.
12. 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.
13. 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.
14. 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
.
15. 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.
16. Key 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.
17. 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
18. 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.)
19.
20.
21. 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.
