Name of Institution

Change of the Name and Amalgamation of

Trade Union

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Change of Name of Trade Union

1. Consent 2/3 of the total number of its members

2. Notice of change of name- Secretary+ seven members

3. Identical name

4. Change of name effective from the date

5. Effect of change

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Amalgamation of Trade Union

1. Method of amalgamation

2. Notice of amalgamation of name- Secretary+ seven members of each and every trade union

3. Registration of the amalgamated trade union and w.i.f.

4. Effect of change

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Booth v. Amalgamated Marine Worker's Union, (1969) A.C. 904.

An amalgamation shall have effect only after it has been registered. But registration of amalgamation by itself is not the conclusive proof of the validity of the amalgamation. The amalgamation may be declared invalid on the ground that the votes of fifty per cent of the members had not been recorded.

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Dissolution

1. Meaning of dissolution

2. Procedure of dissolution Seven members + secretary of trade union Time Limit ( within 14 days) Dissolution effective after the registration

of notice

3. Distribution of funds among the members of dissolved trade union

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Penalties and Procedure

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Offence Provided Under T.U.A 1926

• Failure to give notice which is required to be given by a registered Trade Union;

• Failure to send statements which is required to be sent by a registered Trade Union;

• Failure to send any document which is required to be sent by a registered Trade Union.

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Notice and statement

• The following information or statements are required to be submitted by a registered Trade Union:

(1) Notice of change in the address of head office of the Trade Union.

(2) Notice of change of name or amalgamation under section 25 of the Act.

(3) Notice of dissolution of the Trade Union.

(4) Returns as per section 28 of the Act. 804/15/23

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Penalty regarding notice/ statement/document

• Fine five rupees (office bearers/ executive members/ every members)

• Continuing default= Rs 5/ week

• Maximum Rs 50

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False entry in general statement

• Duty under section 28

• Fine up to Rs 500 [Sec. 31(2)]

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• Supplying false information regarding Trade Unions

• any member/ intending to be member

• Rule of trade union/ alteration of rules

• Give rules of unregistered trade union

• Fine = up to Rs. 200

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• Cognizance of offence

• Magistrate of First Class

• Complaint by Registrar/ with the previous sanction of registrar

• Complaint under section 32 will be, by the person to whom the false copy was given

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Collective Bargaining

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The Perspective In the era of laissez faire, employers enjoyed unfettered right to hire and fire. They had vastly superior bargaining power and were in a position to dominate over workmen in every conceivable way.

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The Perspective The system of collective bargaining as a method of settlement of industrial disputes has been adopted in industrially advanced countries like the United States of America and United Kingdom and has also recently been adopted in some Asian and African countries. India, which has adopted compulsory adjudication system, has also accepted in principle the system of collective bargaining but has hardly taken any steps, legislative or otherwise, to apply it in practice.

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Meaning of Collective Bargaining • In 1960, in the manual published by the

International Labour Office, 'collective bargaining' has been defined as: negotiations about working conditions and terms of employment between an employer, a group of employers or one or more employers' organization on the one hand, and one or more representative workers organizations on the other, with a view to reaching agreement.(International Labour Office, Collective Bargaining (A Worker's Education Manual), Geneva (1960),)

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Definition of Collective Bargaining • Kamal Leather Karmachari Sangathan v.

Liberty Footwear Co 1990 (SC)

• A technique by which disputes as to conditions of employment are resolved amicably, by agreement, rather than by coercion. The dispute is settled peacefully and voluntarily, although reluctantly, between labour and management.

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Parties to Collective Bargaining • Collective bargaining involves two

parties, namely, management represented either alone or through employers' association or federation of employers on the one hand and workers represented either through a union or workers' federation, on the other hand.

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Subject Matter of Collective Bargaining

• The International Labour Organization has divided the subject matter of collective bargaining into two categories:

• (i) Directly applicable to relations between an individual employer and worker;

• (ii) Not bearing on individual relations between employers and workers.

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Not bearing on individual relations between employers and workers.

(i)provisions for enforcement of collective bargaining;

(ii) methods of settling individual dispute;

(iii)collective disputes including grievance procedure and reference to conciliation and arbitration;

(iv) recognition of a union as bargaining agent for the workers;

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Not bearing on individual………….

(v) giving of preference in recruitment to union members seeking employment;

(vi) duration of the agreement;

(vii)undertaking not to resort to strike during the period; and

(viii)procedures for negotiation of new agreements."

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Objectives of Collective Bargaining • The ILO states that:

• In collective bargaining, the object is to reach agreement on wages and other conditions of employment about which the parties begin with different viewpoints but try to reach a compromise. When a bargain is reached, the terms of the agreement are put into effect.

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PREREQUISITES FOR COLLECTIVE BARGAINING

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PREREQUISITES FOR COLLECTIVE BARGAINING

• A. Freedom of Association

• B.Strong and Stable Trade Unions

• C. Recognition of Trade Unions

• D. Willingness to Give and Take

• E. Absence of Unfair Labour Practices or Victimizations

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ADVANTAGES AND DISADVANTAGES OF

COLLECTIVE BARGAINING

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Advantages of Collective Bargaining

• Collective bargaining has been preferred over compulsory adjudication system for several reasons;

• (i) bipartite agreements • (ii) quick and efficient method of settlement• (iii) democratic method of settlement of

industrial disputes.

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Disadvantages of Collective Bargaining

• Strike • lack of representation of the public interest at

the bargaining table

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Collective Bargaining

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THE NEED FOR RECOGNITION OF TRADE UNIONS

Recognition of trade unions is the backbone of collective bargaining.

Voluntary codes of discipline and legislation in some states.

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RECOGNITION OF TRADE UNIONS IN RETROSPECT

Appointment of the Royal Commission in 1929

The Indian Trade Unions (Amendment) Bill, 1943

International Labour Organization Convention 1949(Freedom of Association and Protection of the Right to Organize)

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RECOGNITION OF TRADE UNIONS IN RETROSPECT

Plans and Recognition of Trade Unions -1950

First National Commission on Labour 1966

Industrial Relations Bill, 1978

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LAW AND PRACTICE RELATING TO RECOGNITION OF TRADE UNIONS

Constitution and Recognition of Trade Unions

Is the right to grant recognition to trade unions a fundamental right within the meaning of Article 19 (1) (c) of the Constitution?

A C Mukerjee v. Union of India, (1972)'2 LLJ 1978 (Calcutta)

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Legislative Measures .

1. Trade Unions Act, 1926

2. Trade Unions (Amendment) Act, 1947

The Trade Unions (Amendment) Act, 1947, however, provided for recognition of unions: (i) by agreements; and (ii) by order of the court on satisfying the conditions laid down in relevant sections of the act. But the Act,has not been enforced.

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Trade Unions (Amendment) Act, 1947

Machinery for Determination of Representative Unions

Conditions for Recognition

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Conditions for Recognition(a) ordinary members are workmen

employed in the same industry

(b)representative of all the workmen employed by the employer in that industry

(c) rules do not provide for the exclusion from membership of any class of workmen

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Conditions for Recognition(d) rules provide for the procedure for

declaring a strike;

(e) rules provide that a meeting of its executive shall be held at least once in every 6 months;

(j) Registered & has complied with all provisions of the Act.

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Rights of Recognized Trade Unions

• right to negotiate (employment, non-employment, the terms of employment or the conditions of labour of all or any of its members)

• the employer is under an obligation to receive and send replies to letters sent by the executive and grant interviews to them regarding such matters.

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Withdrawal of Recognition of Trade Unions

Labour Court/ Registrar

Grounds: -(a) executive or the members of the trade union have committed any unfair practice within 3 months prior to the date of the application;

(b) the trade union has failed to submit any return;

(c) that the trade union has ceased to be representative of the workmen

•  

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Re-recognition of Trade Unions:

• Section 28H of the Trade Unions (Amendment) Act, 1947, permits the registered trade union whose recognition is withdrawn under sub section (3) of Section 28G to make an application for re-recognition after 6 months from the date of withdrawal of recognition.

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State Legislation • Maharashtra: The Maharashtra

Recognition of Trade Unions and Prevention of Unfair Labour Practice Act, 1972, [(i) the trade union must have a total membership of 30 per cent in the said undertaking; (ii) it must be in existence for the last 6 months; and (iii) it must make an application in the prescribed form to the industrial court]

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State Legislation • C P and Berar (The C P and Berar Act,

1947 )

• Madhya Pradesh (The Madhya Pradesh Industrial Relations Act, 1960)

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Secret Ballot Method for Determining the Representation

Character of Trade Union

• Food Corporation of India Staff Union v. Foods Corporation of lndia 1995(1) SCC 678 (SC).

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M R P Workers Union v. Govt of Tamil Nadu (2009) 4 LLJ 685.

Determined by state government and labour commissioner.

On receipt of such an application, the concerned labour commissioner will issue notice to the two unions, within 2 weeks from the date of receipt of the application, calling upon them to submit their membership registers and the necessary supportive documents under the Code of Discipline within 2 weeks from the date of receipt of the notice by them. The notice will call upon them to produce their records as per the Code of Discipline during the period of 6 months prior to the date of notice. The labour commissioner shall thereafter proceed to decide as to which union is the representative union of the workmen.

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Rights of Unrecognized Unions

Chairman, State Bank of India v. All Orissa State Bank Officers Association 2000

To meet and discuss with the employer or any person appointed by him in that behalf the grievances of any individual member relating to his service conditions.

To appear on behalf of its members employed in the establishment in any domestic or departmental enquiry held by the employer and before the conciliation officer/ labour court/ industrial tribunal.

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Thank You

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