Recognition of a union
shailesh pandey
(Querist) 04 October 2011
This query is : Resolved
A case is filed at industrial court , mumbai regarding recognition of the union .whether it will not be recognised untill company recognise them. whether company is free to negotiate with other union as well as internal committee members.
whether court has power to make an order to recognise the union
regards
shailesh
ajay sethi
(Expert) 04 October 2011
registered unions after one year of completion are eligible for reocgnition by management.
company can negotiiate with other union and recognise it .
code of discpline lays down procedure for recogntion of union
CRITERIA FOR RECOGNITION OF UNIONS
1. Where there is more than one union, a union claiming recognition should have been functioning for at least one year after registration. Where there is only one union, this condition would not apply.
2. The membership of the union should cover at least 15% of the workers in the establishment concerned. Membership would be counted only to those who had paid their subscription for at least three months during the period of six months immediately proceeding the reckoning.
3. A union may claim to be recognised as a representative union for an industry in a local area if it has a membership of atleast 25% of the workers of that industry in that area.
4. When a union is recognised, there should be no change in its position for a period of two years.
5. Where there are several unions in an industry or establishment, the one with the largest membership should be recognised.
6. A representative union for an industry in an area should have the right to represent the workers in all the establishments in the industry, but if a union of workers in a particular establishment has a membership of 50% or more of the workers of that establishment, it should have the right to deal with matters of purely local interest such as, for instance, the handling of grievances pertaining to its own members. All workers who are not members of that union might either operate through representative union for the industry or seek redress directly.
7. In the case of trade union federations, which are not affiliated to any of the four central organisations of labour, the question of recognition would have to be dealt with separately.
8. Only unions, which observe Code of Discipline, would be entitled for recognition.
prabhakar singh
(Expert) 04 October 2011
i agree with opinion expressed by Mr. Sethi.
Raj Kumar Makkad
(Expert) 04 October 2011
Nothing remains to be added in the detailed reply of Sethi.
Sailesh Kumar Shah
(Expert) 06 October 2011
Shri Ajay Sethi has left no room for anything.
