IR-Trade Union-To Be Used

8/4/2019 IR-Trade Union-To Be Used

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Avantika Sharma

Pawan Alamchandani

Vibha Bhan


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1. How are trade unions born?

2. What are trade unions for?

Responsible unionism

3. Functions of trade unions

4. Methods used by trade unions

5. Forms of trade unions

6. The Trade Unions Act, 1926 (Amendment Act, 2001)

7. Trade union registration

8. Trade union recognition

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Collective action, concentration of working classpopulation, & to some extent the industrialization.

Popular theories Exit-voice Theory

Other factors:

States attitude towards legislation (American vs. Asian Unions)

States patronage (India)

Homogeneity of labour force (Thailand & Malaysia)

Timing of emergence of unions (Eastern nations)

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Left view

Revolutionary bodies Pure & simple unionism is

highly objectionable

Criticism: unions can neverbe a viable vehicles ofadvance towards Socialismin themselves, by their verynature they are tied toCapitalism (against Radical)

Right view

Leader a ex-officio civilservant

Act as social police force

Criticism: 1st & overridingresponsibility is to welfareof their own members primary commitment is notto a firm / industry / nation(against Unitary / Pluralist)

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..trade unions cannot behave as if they were not part of a larger society

/ ignore effects of their policies on national economy & general public.

Therefore, trade unions must serve interests of their members & also survive in

society as an acceptable institution(Responsible Unionism)


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1. .

Factors that contribute towards ResponsibleUnionism:

1. Public reputation

Once public opinion is veered against unions it became easy forstate to strike back at unions

2. Compatibility with environment

Members expectation from union Methods adopted by union Nature of relationship between workers & union

Links obtain at grassroots between union & party Trade unions acceptance of its own members

Members become alienated from their unions / leadership eg. Craftunionism in America

3. Balancing ofMovement & Organization

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Most basic functions1. To build up its own organization & to give weight to its collective actions

2. To redress inequality in the distribution of money & power in allorganizations for which they may Negotiate, Pressurize, & Collectivewithdrawal of labour

3.

That of an oppositionCrucial areas of trade unions intervention

Remuneration / wages through CB

States protective legislation (lobbying) employability wage A trade union will provide help and support to employees in times of need such as

disciplinary hearings, strikes, appraisals, complaints and negotiations. The most common function of a trade union is committed to maintaining or improving

the conditions of employment. As a means of Collective Bargaining Originating in the UK and Europe during the industrial revolution of the 18th and 19th

centuries, trade unions bridged the gap between the unskilled, mistreated and underpaidworkforces and shifted the bargaining power back to the employees from the employers.

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MethodsA. Mutual Insurance is more a function & obviously the

reasons why trade union exists

B. Collective bargaining

C. Legal enactment classified into 2 major categories

D. Direct action

1. Workplace Methods / Industrial Methods

CB, grievance rep., participation in consultation forums, reps. in

issues & agitation methods

2. Non-workplace Methods / Political Methods

Attempts at legislative changes, attendance in conciliation,arbitration / adjudication proceedings, instituting court cases,initiating judicial review, participating in national debates

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Direct Action

Strikes

1. Sit-in strike/Pen down 3. Mass casual leave / Overtime ban2. Work-in strike/Slow down 4. Wild cat strike / Walk out/without union

approval

Accessories to main action / Strike1. Picketing 3. Secondary boycott2. Boycott 4. Hunger strike

Methods by which unions partially withdraw work /reduce output

1. Work to rule / Go Slow

Coercive methods used to make their displeasure / protest knownto mgmt. with the objective of getting unfavourable decisions reversed /modified

1. Mass insubordination 3. Postering & Blockade2. Demonstration & Gherao 4. Silence

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Classified based on Agreement:

a. Closed shop agreement (Hiring Hall)

Trade union have a sole responsibility and authority forrecruitment of workers vide an agreement with employer

b. Union shop agreement (Right-to-work)

All new recruits must join trade union within a fixedperiod after employment as per the agreement withemployer

c. Preferential shop agreement

Union members is given preference in filling a vacancy asper the agreement with employer

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a. Maintenance shop agreement

As per agreement with employer, no compulsory membership in trade

union before / after recruitment. However, if employee chooses tobecome a member after recruitment, his membership remains compulsoryright throughout his tenure of employment with that particular employer(called maintenance of membership shop)

b. Agency shop agreement

Under agreement, a non-union members has to pay the union a sumequivalent to a members subscription in order to continue inemployment with the employer

c. Open shop agreement

Membership is in no way compulsory or obligatory either before / afterrecruitment (least desirable form for unions)

Check-off(Applicable in some of the above mentioned agreements) where management collect an employees unions dues, as a wagededuction and gives a lumpsum amount to trade union ensurestotality of collection of union dues with no excuses for employees todesist from.

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Classified based on Interest:

a. Political interest group v. Economic interest group

Classified based on Affiliation:

1. Politically affiliated trade unions

a. National Level Federations (AITUC, INTUC, UTUC, CITU, HMS)b. Other National trade unions (Stronger regional affiliations than national coverage) (NLO,

BMS, HMP)

2. Non-affiliated trade unions

a. Industry level trade unions (TLA)

b. Company unions (BWU, BSWU)c. Independent unions (AIBEF, TUSC, NTUI)

Classified based on Strategy:

Altruistic trade unions (Affiliated) Selfish trade unions (Independent)

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Classified based on Membership strength:

1. Minimum requirement about membership of a trade union

According to Trade Union [Amendment] Act 2001 Insider v/s. Outsider [See Sec 6 (e) and Sec 22(1) of TU Act, 1926]

2. Representative trade unions (25% of members as per BIR Act, 1946)

3. Primary trade unions (15% of members as per BIR Act, 1946)

4. Qualified trade unions (5% of members as per BIR Act, 1946)

5. Recognized trade unions (Recognition Issue)

Issues of recognition of a union per se, especially in a non-unionized situation questionarise which union is one to be recognized / should more than one union be recognized?

Problem of verification when union stakes its claim either in a new union / multi-unionsituation

Problem due to lack of a uniform legislation available in all States with regard torecognition issues

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Definitions

Trade union Sec 2(h) Trade dispute Sec 2(g)

Who can form trade union u/Act, 1926? How many persons are requiredfor reg. of a Trade Union? What is the effect of withdrawal of a member?

Sec 2(h) Sec 4 (Mode of registration) and Sec 9A (Minimum requirement about

membership of a trade union)

Not less than 10% or 100 of workmen, whichever is less, Subject to a minimum of 7, Engaged / employed in an est. / industry with which it is connected

Outsiders / honorary / temporary members as office bearers

Sec 6(e) and Sec 22 (1)

for unorganized sector 1/3 or 5 whichever is less, for other categories of est. / industry

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Cancellation of registration of a trade union

Sec 10 of the Act, 1926

Nature and extent of immunity from criminal conspiracy and civil suit available toexecutive members and office bearers of registered trade unions under the Act,1926.


Office bearers / executive members Punishment u/Sec 120B(2) of IPC In respect of any agreement made between the members for the purpose of furthering any object of

the union (Sec 15), unless is to commit an offence


Trade union / Office bearers / executive members Any Civil Court In respect of any act done in contemplation / furtherance of a trade dispute to which a member of the

union is a party On the ground only that

Such act induces some other person to break a contract of employment It is in interference with the trade, business or employment of some other person With right of some other person to dispose of his capital or of his labour as he wills

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Characteristics of a Registered Trade Union

a. Body corporate by name & a legal entityb. Perpetual successionc. Power to acquire & hold property, & to contractd. Sue and be sued

Rights & Privileges of a Registered Trade Union:

a. Body corporateb. Separate fund for political purposesc. Immunity from punishment for criminal conspiracyd. Immunity from civil suitse. Enforceability of agreementsf. Right to inspect books of trade union

Duties & Liabilities of a Registered Trade Union:

a. Objects on which general funds may be spentb. Constitution of a fund for political purposesc. Proportion of officers to be connected with the industryd. Returns & disqualifications of office-bearers of trade union

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What is recognition:

Process through which management acknowledge and accept a trade union as representativeof some / all workers in an establishment / industry & with which it is willing to conductdiscussions on all issues concerning those workers & willingness to bargain with the tradeunion (Bargaining agent)

According to Codes of Conduct, Discipline & Management & Efficiency criteria for recognition (Conditions):

Where there is more than one union, a union claiming should have been functioning for atleast one year after registration

Membership of union should cover at least 15% of workers in the est. concerned

A union may claim to be recognized as a representative union for an industry in a local area ifit has a membership of at least 25% of the workers of that industry in that area

When a union has been recognized there should be no change in its position for a pd. of 2 yrs.

Where there are several unions in an industry / est. the one with largest membership(majority union) should be recognized

Only trade unions observing Code of Discipline would be recognized provided otherconditions are fulfilled.

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1. Election by secret ballot

2. Check-off method3. Verification4. Rule of thumb

Rights of a Recognized Trade Union:

a. Right to raise issues with managementb. Right to collect membership fees within premises of the orgc. Ability to demand check-off facilityd. Ability to put up a notice board on the premises for union

announcements

e. Ability to hold discussion with employees at a suitable place withinpremisesf. Right to discuss members grievances with employerg. Ability to inspect beforehand a place of employment / work of its

membersh. Nomination of its reps on committees formed by mgmt. for IR purposes

as well as statutory bipartite committees

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Maruti Suzuki India Ltd.

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In June, Maruti workers at Manesar had beendemanding a union for themselves but thecompany management asked them to join theunion affiliated to the Gurgaon plant.

Union Not Registered with the LabourCommissioner as per the Trade Union Act.

On June 4, strike at Manesar plant broke out on

the demand of recognition of new independentunion.

Demand for fairness in wages and conditionfor Contract workers.

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Management terminated the services of 11 workersincluding eight so called office bearers of theunion.

The demand for independent union - Politicallymotivated.

Terminated members taken back with enquiriesinitiated against them.

No progress on the formation of the new union.

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Large scale incidents of sabotagesuch asdoors falling off completed cars reported.

In order to ensure product quality, thecompany insisted on workers signing a GoodConduct Bond, which they refused.

The present protest by workers began onAugust 29, after they refused to sign the goodconduct bond, which MSIL had mademandatory.

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The bond, among other things, said if anyworker was found indulging in any activitysuch as

go-slow intermittent stoppage of work

stay-in-strike

work-to-rule

sabotage or any other activity having the effect ofhampering normal production,

he shall be liable for punishment.

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Talks brokered by the Haryana government to endstandoff with workers at Manesar plant failed.

Maruti Suzuki India (MSI) has asked 350 traineesto resume duties within the next three days.

The management continues to believe that most ofthe workers are sincere and hard working. Theyare misled by a few people.

With the talks having failed, the companymanagement is now communicating with workers

through various channels. It will encourageworkers to sign the Good Conduct Bond, andresume duties without any fear or apprehensionand work towards restoring normalcy.

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Documents

IR-Trade Union-To Be Used