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Industrial Relations

Trade Unions

A trade union means any combination of workers organized primarily for the purpose of regulating relations between the workmen and the employers, or for imposing restrictive conditions on the conduct of any trade and business. This right is granted to all workers under the United Nations Charter of Human Rights. Following are the general rules in this respect:

1. The workers have a right to establish and to join international association of their choice without any previous authorization. However, they can not remain a member of more than one trade union at any one time.
2. Every trade union and employers association shall frame its own constitution and rules to elect its representatives to organize and conduct its activities.
3. The workers unions and employers associations have a right to establish and join federations and confederations.

Any trade union may apply to the Registrar for registration.

Requirements for Registration Cont..

6. A complete list of members of the trade union will be maintained and adequate facilities for inspection by the officers of the trade union will be made.
7. The manner in which the constitution shall be amended, varied or rescinded.
8. The safe custody of the funds of trade union, its annual audit and adequate facilities for inspection.
9. The manner in which trade union will be dissolved.
10. The manner of election of office bearers. The term of office not to exceed 2 years.
11. The procedure for expressing no confidence in any officer of the trade union.
12. Meetings of executives and general body of the trade union. Executive body must meet at least once in every three moths and general body must meet at least once in a year.

Entitlement to Registration

A trade union of workmen shall not be

entitled to registration if:

1. Unless all the members are workmen

actually employed in the establishment.

2. Where there are two or more registered

trade union in the establishment, the

members of the new trade union must not be

less than one-fifth of the total number of

workmen employed in such establishment.

Unfair Practices on part of Employers

Cont…

4. Dismiss, discharge, remove from employment

or transfer or threaten to dismiss, discharge,

remove from employment or transfer a workman

or injure or threaten to injure him in respect of

his employment by reason that the workman is,

or is not, a member or officer of a trade union.

5. Is or proposes to become, or seeks to persuade

any other person to become a member or officer

of the trade union.

Unfair Practices on part of Employers

Cont…

6. Participate in the promotion, formation or activities of a trade union.
7. Inducing any person to refrain from becoming a member or officer of a trade union.
8. Compel or attempt t o compel any officer of a collective bargaining agent to arrive ate a settlement by using intimidation, coercion, pressure, threat or confinement to a place, physical injury, disconnection of water, power and telephone facilities and such other methods.
9. Interfere with or in any way influence the balloting.

Unfair Labor Practices on Part of

Workmen

Following are the unfair practices on the part of workmen:

1. Persuade a workman to join, or refrain from joining a trade union during working hours.
2. Intimidate any person to become, or refrain from becoming, or to continue to be, or to cease to be a member or officer of a trade union.

3.Induce any person to refrain from becoming a member or officer of a trade union by intimidation or employing other means.

4. Compel or attempt to compel the employer to accept any demand by using intimidation, coercion, threats, confinement etc.
5. Commence, continue, instigate, or incite others to take part in an illegal strike or a go slow move.

Penalty for Unfair Labor Practices

A person responsible for unfair labor practices

on the part of employer is punishable with

fine which may extend to Rs. 30,000. Any

person responsible for unfair labor practices

on the part of workmen will be punishable up

to a fine of Rs. 20,000.

Rights and Privileges of Registered

Trade Unions Cont…

4. Enforceability of Agreement:

An agreement between the members of a trade

union shall not be void or voidable by reason only

that any of the objects of the agreement is in

restraint of trade. The civil court is not entitled to

entertain any legal proceedings for the purpose

of enforcing or recovering damages for breach of

contract between the members of a registered

trade union.

Collective Bargaining Agent

T he trade union of workmen which under the

Industrial Relations Act, 2008 is the agent of workmen

in the establishment or industry.

Under section 24 of the Industrial Relations Act, 2008

the collective bargaining agent is determined as

follows:

One union:

Where there is only one registered trade union in an

establishment, and if its members are not less than

one-third of the total workmen, upon the application

of the trade union, the registrar shall certify that trade

union to be the collective bargaining agent.

Rules for Certification of CBA

The Registrar shall certify the trade union which has received the highest number of votes.

• A trade union will not be certified as CBA if it has received less than 0ne-third of the total workmen votes.
• If a trade union does not receive the required number of votes in the first ballot, a second ballot will be held and so on.
• If two or more than two trade unions secure highest votes, further polls will be held between them until one of them secures majority.
• If no trade union indicates that it desires to be a contestant in the secret ballot, the Registrar shall notify the trade union which has made the application to be the CBA.
• Once the collective bargaining agent is determined, no application is entertained within two years, except where the registration of such a trade union is cancelled.

Rights and Duties of CBA

1. To undertake collective bargaining with the

employer regarding matters of employment, non-

employment, the terms of employment or conditions

of work other than matters relating to enforcement of

any right, guaranteed, secured by workmen under any

other law.

2. To represent any workman in any proceedings.
3. To give notice and declare strike under the rules.
4. To nominate workmen on Boards of Trustees of any

welfare institutions, Provident Funds and worker

Participation Funds.

National Industrial Relations

Commission (NIRC)

A National Industrial Relations Commission comprising

seven members is constituted by the Federal Government.

Functions and powers

• Promotion of formation of trade unions and federations of

trade unions in industries/trades.

• Register industry wise trade unions, federations of trade

unions.

• Determine Collective Bargaining Agents at the national

level.

• Deal with cases of unfair labor practices.
• Advise Government Industry-wise trade unions/federations

of trade unions in respect of education of workers in the

essentials of trade unionism.

Functions and Powers of NIRC Cont…

• Punish any person who obstructs the process of

NIRC and disobeys its directions

• Enter any building/premises to investigate,

inquire matters relating to Industrial Relations

and inspect interrogate and submit report to the

Federal Government.

• The order passed by NIRC Or any of its branches

is not challengeable in any court and the orders,

decisions and judgments shall be final.