Secret ballot system
Rama mohan Acharya
(Querist) 19 September 2013
This query is : Resolved
A registered Union submitted a charter of Demand on various points among which one of the point was äscertaing the majority of membership of various unions working in the establishment". The conciliation proceeding was conducted and failure report has been sent by the Conciliation Officer to the Appropriate Authority. While sending a copy of the report to the employer, the conciliation officer advised the management to conduct the secret ballot. Subsequently, he advised the management to call for meeting of all the union on the same issue and fixed a date in his office for discussion with all the unions.
My query is whether the conciliation officer has any right to advise the management on the same issue on which conciliation failed anf failure report has been sent to Govt.? Further, what will be repurcation on the management since both management and the recognised union apprehend adverse situation omn industrial peace, if the system is adopted. I understood, in FCI case, the secret ballot system was done as all the parties have consent to the same and the Apex Court has only provided the guideline for the procedure. In this case all parties are not agreed to. Kindly advise.
V R SHROFF
(Expert) 22 September 2013
Only union supported by majority embes can negotiate.
Mg can refuse to talk to minority group.
Regd trade union to prove, they represent majority workmen