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FORMS OF UNREST/DISPUTES
BhavikModi
RollNo.22
FACULTY OF LAW
FORMS OF UNREST/DISPUTES
STRIKES: A strike is spontaneous and concerted refusal of work and
withdrawal of labor from production temporarily. It is a collective stoppage
of work for pressurizing their employers to accept certain demands.
TYPES OF STRIKES:
 SYMPATHETIC STRIKE: To show sympathy with workers in other industries
 GENERAL STRIKE: Strike by all or most of the unions in an industry or a region
 UNOFFICIAL STRIKE: Strike undertaken without the consent of the unions
 SECTIONAL STRIKE: Refusal of a section of a given class of workers to perfor their normal
duties
 BUMPER STRIKES: to paralyze the industry firm by firm
 SIT DOWN /TOOL DOWN/PEN DOWN: Strike when unions plan strike and workers cease to
perform but do not leave the place of work:
 SLOW DOWN STRIKE: Go-slow tactic, workers do not stop working but dot perform at their
normal pace
 LIGHTNING STRIKE: Workers may go on strike without notice or at very short notice with
an element of surprise
 HUNGER STRIKE: To gain sympathy from public and get noticed by employer workers may
decide to forego food for a specified period. Such non-violent protests generally bring
moral pressure on employers
FORMS OF UNREST/DISPUTES
LOCK-OUTS:
 It is the counterpart of strike.
 It is the weapon available with employer to close down the factory till the workers
agree to resume work on the conditions laid down by employer.
 If it is impossible to meet the demands of workers, employers may decide o go for
lock-out
 An employer may also pull down the shutters so as to bring psychological pressure
on the workers to agree to his conditions or face the closure of unit
GHERAO:
 Gherao means to surround
 Group of workers initiate collective action aimed at preventing members of he
management from leaving the office. This can happen outside the premises too
 Persons who atre under gherao are not allowed to move for a long time, sometime
even without food or water
 National commission on labor has refused to accept it as a form of industrial protest
PICKETING and BOYCOTT
 While picketing workers carry/display signs ,banners and placards( In connection with
dispute), prevent others from entering the place of work and persuade others to join
the strike
 Boycott aims at disrupting the normal functioning of an enterprise, Through forceful
 and negative behavioral acts, strikers prevent others not to cooperate with
MANAGEMENT ACTION TO COUNTER STRIKES
EMPLOYER’S ASSOCIATION:
• Employers may form their unions to collectively oppose the working class
and put pressure on trade unions
LOCKOUT:
 It is the counterpart of strike.
 An employer may close down the place of employment temporarily. It is
very powerful weapon available with employer to pressurize workers till they
agree to resume work on the conditions laid down by employer.
 If it is impossible to meet the demands of workers, employers may decide o
go for lock-out
 An employer may also pull down the shutters so as to bring psychological
pressure on the workers to agree to his conditions or face the closure of unit
TERMINATION:
 Employer may resort to suspension or disciplinary action leading to
termination of workers on strike. The list of employees so suspended or
dismissed may be circulated to the other employer so as to restrict their
chances of getting employment with other employers.
CHANGING ROLE / PUBLIC PERCEPTION
TRADE UNIONS
• Change in the attitude of unions towards management, Industry,
Govt. and economy
• Unions becoming increasingly matured, responsive and realistic
Gone are the days of frequent strikes, bandhs, gheraoes and
violence
• Unions are reconciled to economic reforms. The accent is on
opposing the adverse impact of reforms and not the reforms
• Discussion among trade union circles is now on issues like
productivity, TQM, Technology, competition, MNCs, exports etc..
• Unions aware of the Right Sizing and feel the need for suplus labor
fat to be shed
• Days when unions were affiliated with political parties are gone by.
Today thrust is on de- politicization of unions
• Experience of politically free unions is pleasant, reinforcing the belief
that farther the unions are from politics, more advantageous it is for
them
• Workers association in our country is highly fragmented and the
consequence is multiplicity of unions, which weakens the bargaining
strength of employees.
• One of the defects of trade union movement in India has been the
phenomenon of outside leadership. The fault of outside leadership lies with
trade Union Act, 1926 itself. The act permitted outside participation to the
extent of 50% of the strength of office bearers in a union.
• Trade Unions are at cross roads. Their membership is declining, Their
political support is waning, public sympathy is receding, their relevance itself
is at stake
• Managements on the other hand are on the offensive. They are able to
force unions to accept terms and conditions. Workers,officers and
managers are mercilessly terminated in the name of restructuring,
downsizing etc
• Professionalisation of trade unions movement is another trend witnessed,
they are trying to upgrade their leadership quality. Topics lie IT, strategic
planning, diversity, networking and productivity etc now form inputs in
training programmes organized for union leaders
TRADE UNIONISM IN INDIA TODAY
• Unionization according to industry/region/state
• 70,000 registered trade unions , many not regisered
• 9 central unions, all affiliated to political parties
• 2 % of the union force unionized
• PSUs: Industrial level collective bargaining in coal/steel,
enterprize level elsewhere
• Private sector: Plant level collective bargaining
• Union density according to the size of of industry
• Craft unions in Govt transport sector
• Unionization in India under recession
• Twin battle against Inter Union Competition and
assertive management
MAJOR PROBLEMS FACED BY TRADE UNIONS
IN INDIA
• Outside or political leadership
• Multiplicity of trade unions
• Small size of unions
• Low membership
• Uneven growth
• Poor financial position
• Low level of knowledge of labor legislation
• Fear of victimization
Ways to Settle Disputes
• Impasse: settlement cannot be
reached
• Impasses may be solved by these
alternatives:
–Conciliation
–Mediation
–Arbitration
Ways to Settle Disputes
• Conciliation
– Impartial third party helps the two parties to
reach a mutually acceptable settlement.
– Conciliator meets parties separately or
together to exchange information, clarify
issues and settle misunderstanding.
– Conciliator does not impose a solution but
works with the parties to enable them to
come to an agreement.
Ways to Settle Disputes
• Arbitration
– Third party settles the dispute by making an
independent decision for the two parties.
– Some prefer arbitration as the responsibility
“for reaching agreement” is made by a
neutral party (quite often, appointed by the
government e.g. Arbitration Court).
– Arbitration gives some people the impression
that they did not give in to the other party but
“fought all the way” to the Arbitration Court.
Ways to Settle Disputes
• Mediation
– Impartial third party helps to reach a
mutually acceptable agreement.
– Mediator makes recommendations for
the two parties to consider.
– Final agreement is made by the two
parties themselves.
Thank you

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FORMS OF UNREST

  • 2. FORMS OF UNREST/DISPUTES STRIKES: A strike is spontaneous and concerted refusal of work and withdrawal of labor from production temporarily. It is a collective stoppage of work for pressurizing their employers to accept certain demands. TYPES OF STRIKES:  SYMPATHETIC STRIKE: To show sympathy with workers in other industries  GENERAL STRIKE: Strike by all or most of the unions in an industry or a region  UNOFFICIAL STRIKE: Strike undertaken without the consent of the unions  SECTIONAL STRIKE: Refusal of a section of a given class of workers to perfor their normal duties  BUMPER STRIKES: to paralyze the industry firm by firm  SIT DOWN /TOOL DOWN/PEN DOWN: Strike when unions plan strike and workers cease to perform but do not leave the place of work:  SLOW DOWN STRIKE: Go-slow tactic, workers do not stop working but dot perform at their normal pace  LIGHTNING STRIKE: Workers may go on strike without notice or at very short notice with an element of surprise  HUNGER STRIKE: To gain sympathy from public and get noticed by employer workers may decide to forego food for a specified period. Such non-violent protests generally bring moral pressure on employers
  • 3. FORMS OF UNREST/DISPUTES LOCK-OUTS:  It is the counterpart of strike.  It is the weapon available with employer to close down the factory till the workers agree to resume work on the conditions laid down by employer.  If it is impossible to meet the demands of workers, employers may decide o go for lock-out  An employer may also pull down the shutters so as to bring psychological pressure on the workers to agree to his conditions or face the closure of unit GHERAO:  Gherao means to surround  Group of workers initiate collective action aimed at preventing members of he management from leaving the office. This can happen outside the premises too  Persons who atre under gherao are not allowed to move for a long time, sometime even without food or water  National commission on labor has refused to accept it as a form of industrial protest PICKETING and BOYCOTT  While picketing workers carry/display signs ,banners and placards( In connection with dispute), prevent others from entering the place of work and persuade others to join the strike  Boycott aims at disrupting the normal functioning of an enterprise, Through forceful  and negative behavioral acts, strikers prevent others not to cooperate with
  • 4. MANAGEMENT ACTION TO COUNTER STRIKES EMPLOYER’S ASSOCIATION: • Employers may form their unions to collectively oppose the working class and put pressure on trade unions LOCKOUT:  It is the counterpart of strike.  An employer may close down the place of employment temporarily. It is very powerful weapon available with employer to pressurize workers till they agree to resume work on the conditions laid down by employer.  If it is impossible to meet the demands of workers, employers may decide o go for lock-out  An employer may also pull down the shutters so as to bring psychological pressure on the workers to agree to his conditions or face the closure of unit TERMINATION:  Employer may resort to suspension or disciplinary action leading to termination of workers on strike. The list of employees so suspended or dismissed may be circulated to the other employer so as to restrict their chances of getting employment with other employers.
  • 5. CHANGING ROLE / PUBLIC PERCEPTION TRADE UNIONS • Change in the attitude of unions towards management, Industry, Govt. and economy • Unions becoming increasingly matured, responsive and realistic Gone are the days of frequent strikes, bandhs, gheraoes and violence • Unions are reconciled to economic reforms. The accent is on opposing the adverse impact of reforms and not the reforms • Discussion among trade union circles is now on issues like productivity, TQM, Technology, competition, MNCs, exports etc.. • Unions aware of the Right Sizing and feel the need for suplus labor fat to be shed • Days when unions were affiliated with political parties are gone by. Today thrust is on de- politicization of unions • Experience of politically free unions is pleasant, reinforcing the belief that farther the unions are from politics, more advantageous it is for them
  • 6. • Workers association in our country is highly fragmented and the consequence is multiplicity of unions, which weakens the bargaining strength of employees. • One of the defects of trade union movement in India has been the phenomenon of outside leadership. The fault of outside leadership lies with trade Union Act, 1926 itself. The act permitted outside participation to the extent of 50% of the strength of office bearers in a union. • Trade Unions are at cross roads. Their membership is declining, Their political support is waning, public sympathy is receding, their relevance itself is at stake • Managements on the other hand are on the offensive. They are able to force unions to accept terms and conditions. Workers,officers and managers are mercilessly terminated in the name of restructuring, downsizing etc • Professionalisation of trade unions movement is another trend witnessed, they are trying to upgrade their leadership quality. Topics lie IT, strategic planning, diversity, networking and productivity etc now form inputs in training programmes organized for union leaders
  • 7. TRADE UNIONISM IN INDIA TODAY • Unionization according to industry/region/state • 70,000 registered trade unions , many not regisered • 9 central unions, all affiliated to political parties • 2 % of the union force unionized • PSUs: Industrial level collective bargaining in coal/steel, enterprize level elsewhere • Private sector: Plant level collective bargaining • Union density according to the size of of industry • Craft unions in Govt transport sector • Unionization in India under recession • Twin battle against Inter Union Competition and assertive management
  • 8. MAJOR PROBLEMS FACED BY TRADE UNIONS IN INDIA • Outside or political leadership • Multiplicity of trade unions • Small size of unions • Low membership • Uneven growth • Poor financial position • Low level of knowledge of labor legislation • Fear of victimization
  • 9. Ways to Settle Disputes • Impasse: settlement cannot be reached • Impasses may be solved by these alternatives: –Conciliation –Mediation –Arbitration
  • 10. Ways to Settle Disputes • Conciliation – Impartial third party helps the two parties to reach a mutually acceptable settlement. – Conciliator meets parties separately or together to exchange information, clarify issues and settle misunderstanding. – Conciliator does not impose a solution but works with the parties to enable them to come to an agreement.
  • 11. Ways to Settle Disputes • Arbitration – Third party settles the dispute by making an independent decision for the two parties. – Some prefer arbitration as the responsibility “for reaching agreement” is made by a neutral party (quite often, appointed by the government e.g. Arbitration Court). – Arbitration gives some people the impression that they did not give in to the other party but “fought all the way” to the Arbitration Court.
  • 12. Ways to Settle Disputes • Mediation – Impartial third party helps to reach a mutually acceptable agreement. – Mediator makes recommendations for the two parties to consider. – Final agreement is made by the two parties themselves.