Recognition of Unions

MISSING IN ACTION- RECOGNITION

• Twelve trade unions leaders including the state
secretary of the Centre of Indian Trade Unions
(CITU) in Tamil Nadu were released this week
after being kept behind bars for three weeks
following a strike by workers of multinational
giant Foxconn.
The reason: workers were demanding that their
Citu-affiliated union be recognized by the
management for all labour-related discussions.
The subsequent strike led to 400 arrests.
 Missing in Action...2
• Almost simultaneously, workers of the MRF
United Workers Union (MUWU) were arrested
by the police in Tamil Nadu for raising the
same demand.
• Some years ago, a workers' agitation in the
plant of Graziano Italiano in Greater Noida
over the refusal to recognise a workers' union
ended with the company's managing director
being killed.
 Recognition…. According to an
International Labour Organisation (ILO)
• analysis authored by Ramapriya Gopalakrishnan, both
Part 1 and 2 of the Industrial Disputes Act speak of
"recognized unions" and "certification of a bargaining
representative", but the Act does not prescribe
procedures for recognition and certification. The
Trade Union Act, 1926 does not address this issue
either, she says.
• The ILO paper goes on to say: "There is no central
statutory enactment in India regarding the recognition
of trade unions. In most Indian states, except some
there are also no state enactments regarding the
recognition of trade unions."
 Registration but no recognition
• The non-existence of provisions on Recognition of Trade Unions
makes the Collective Bargaining processes absolutely difficult and
industry faces acute difficulties in shape of inter-union rivalry and
multiplicity of trade unions, having no or negligible following.
• These conditions continue to be so despite S.C. (1995) judgement in
Food Corporation of India Staff Union Vs. Food Corporation of India
and others, where it was held that where more than one union
claim representative character, the method of secret ballot should
be adopted to ascertain the correct position as regards the
membership of different Trade Unions. Many of the State
Governments have gone for enacting legislation to determine
representative character, but Central Government dithers to do so;
obviously under the :pressure of vested interests
 THE FIFTH SCHEDULE : Unfair Labour
Practices
• To refuse to bargain collectively, in good faith
with the recognized trade unions….for
employer
• For a recognized union to refuse to bargain
collectively in good faith with the employer
 Maharashtra
• (11) "member" means a person who is an ordinary
member of a union, and has paid a subscription to the
union of not less than 50 paise per calender month :
Provided that, no person shall at any time be deemed
to be a member, if his subscription is in arrears for a
period of more than three calendar months during
the period of a six months immediately preceding
such time, and the expression "membership" shall be
construed, accordingly. Explanation : A subscription for
a calender month shall, for the purpose of this clause,
be deemed to be in arrears, if such subscription is not
paid within three months after the end of the calender
months in respect of which it is due;
 Maharashtra
• (13) "recognised union" means a union which
has been issued a certificate of recognition
under Chapter III;
https://mahakamgar.maharashtra.gov.in/images
/pdf/the-mahashtra-recognition-act-1971.pdf
11. APPLICATION FOR RECOGNITION OF UNION. - (1) Any union
(hereinafter referred to as the "applicant-union") which has for the
whole of the period of six calendar months immediately preceding
the calendar month in which it so applies under this section a
membership of not less than thirty per cent. of the number of
employees employed in any undertaking may apply in the
prescribed form to the Industrial Court for being registered as a
recognised union for such undertaking.
(2) Every such application shall be disposed of by the Industrial Court
as far as possible within three months from the date of receipt of
the application, where a group of concerns in any industry which is
notified to be one undertaking for which recognition is applied for is
situated in the same local area; and in any other case, within four
months.
 KERALA
• https://smhttp-ssl-70271.nexcesscdn.net/wp-
content/uploads/2015/07/Kerala-Recognition-
of-Trade-Unions-Act-2010.pdf
 KERALA
• (i) "principal bargaining agent" in respect of an industry or
an industrial establishment means a registered Trade Union
recognised as a principal bargaining agent under Section 9 ;
• (j) "recognised Trade Union" means a Trade Union
recognised under section 9 of this Act; (k) "Registrar"
means the Registrar for recognition of Trade Unions
appointed by the Government under section 3 of this Act
and includes any Additional or Deputy Registrar for
recognition of Trade Unions ;
• (l) "sole bargaining agent" in respect of an industry or
industrial establishment means a registered Trade Union
recognised as sole bargaining agent under Section 9 ;
 Sole Bargaining Agent
• (4) If there are more than one applicant Trade Unions in respect of an industrial establishment or a
class of industry in a local area, as the case may be, fulfilling the conditions laid down in sub-section
(3) of section 4, the Registrar shall arrange to hold an election by secret ballot in the prescribed
manner in order to ascertain which of the applicant Trade Union secures the largest number of
votes, being more than fifty one per cent, of the votes cast by the workmen employed in the
industrial establishment or the class of industry in the local area, as the case may be, and after
recording the name of the Trade Union securing the largest number of votes as aforesaid in the
prescribed register to be maintained by him for the purpose, grant a certificate in the prescribed
manner and within such time as may be prescribed to that Trade Union directing recognition of
that Trade Union by the employer concerned and upon such recognition, that Trade Union shall
be the sole bargaining agent in respect of the industrial establishment or the class of industry in
the local area, as the case may be :
• Provided that the rest of the Trade Unions obtaining ten per cent votes in a class of industry or
fifteen per cent votes in an industrial establishment will have all the rights of a recognised Trade
Union and will be a party to a settlement. But in the event a consensus could not be arrived at,
the sole bargaining agent will have the right to sign the settlement which will be binding under
section 12 (3) of the Industrial Disputes Act, 1947 (Central Act 14 of 1947).
 KERALA
• (5) The Registrar shall record the names of such Trade Unions as have
secured not less than ten per cent of votes cast by the workmen
employed in any class of industry in the local area or not less than fifteen
per cent of votes cast by the workmen employed in the concerned
industrial establishment, as the case may be, in the prescribed register to
be maintained by him for the purpose and grant certificates in the
prescribed manner and within such time as may be prescribed to such
Trade Unions directing the employer concerned to recognise such Trade
Unions as constituents of the joint bargaining council in respect of the
industrial establishment or the class of industry in the local area, as the
case may be, and from amongst such unions, the Trade Union securing
the largest number of votes shall be given a certificate in the prescribed
manner and within such time as may be prescribed directing the
employer concerned to recognise the same as the principal bargaining
agent in the joint bargaining council in respect of the industrial
establishment or the class of industry in the local area, as the case may be,
provided the said Union has secured not less than forty per cent of the
votes cast by the workmen.
 KERALA
(6) The constituents of the joint bargaining council shall have
the right to participate in any negotiation, discussion or
settlement concerning the workmen employed in the
industrial establishment or the class of industry in the local
area, as the case may be. Two or more Trade Unions
recognised as constituents of the joint bargaining council
together having more than fifty per cent of the votes in
such election shall be entitled to sign any settlement in a
case where there is no principal bargaining agent.
(7) Where there is a principal bargaining agent in a joint
bargaining council, no settlement shall be entered into by
the concerned industrial establishment or the class of
industry in the local area, as the case may be, without the
principal bargaining agent as a party.