Minority Union

S.18 ID Act-Settlement arrived at between Parties OTHERWISE THAN CONCILIATION will be binding to parties signing only .When arrived at conciliation proceeding will bind all (even those who have not signed).I have come across this question in my electricity company.Those who have completed prescribed period of service on NMR were given benifit of continuous service.It was a settelement outside conciliation.Management was supporting settelement so issued GSO that these benefit will be given to employee who sign this undetaking saying I am the member of ---------------------------------------(Union,Majority union)I am willing to awail this benefit under the GSO.

Coming to legality 1.You can file Writ petition

                              2.But you can not contend that as settlement is arrived at with majority union dispute is not maintanable because settlement outside conciliation are binding to signatories only.Minority can raise dispute.And further it is a separate dispute than one which is settled with Majority.

so,legal option will not help.

You have to take bold HR Management move  as suggested above issuing circular attaching an undrtaking as mentioned above.If your majority settlement is really a benefit to employee, almost all employee will sign it and get benefit even  minority members will also sign.Then problem will remain with some bosses of minority only that can be tackled as now gravity of problem is lessen and can be takled individually saying they have no moral support of members as they claim and they are playing unfair labour pratices.You hane to take speedy and confidential move taking help of majority .I hope you will succeed.(It is assumed that majority settelment is not stayed)

Since a dispute is pending of minority union orders can not be passed prejudice to the interest of minority union (S.33) but as undertaking is taken this will not be a problem. 

Dear Ahamed

Thanks for your detailed reply. But my question is whether the management can file a writ against this minority union to stop their unnecessary legal cases against the company.

Regards

Kumar

How a writ can be filed without cause of action anticipating future disputes.Any union either majority or not can raise an industrial dispute.S.36-A workman who is party to dispute shall be entiteled to be represented in any proceedings under this actby any officer of a REGISTERED UNION.Means if union is registered it can raise dispute and appear in any proceeding.To curb menance of minority union You may take up exercise of recognised union .In that A clear circular is issued with copy to all unions,Time of 2 to 3 months is given and they are to collect consent (form of which will be given in circular and consent should be in that form only without modification -Union should print that on their letter head).Suppose we start exercise by 15th of January the timetable will be as under:

15/01/11  Issue of circular

28/02/11  Submission of consents in HR Payroll section. office.Acknowledgement must be given by Payroll officer with date.After that date i.e.28/02/2011no consents to be accepted.This should be clearly mentioned in the circular.

10/03/11 Checking of Duplicate consents i.e.one employee has given consent in more than one union.

20/03/11 Notifying list of duplicate consent on website and office notice board.And givinng form of afffidacit that I have filed consent in more than one union but now I declare on affidavit that my fee should be deducted in "X"union only.

10/04/11 last date of collection of affidavits.Acknowledgement receipt should be given by Payroll officer.No affidavit should be accepted after that date.(there may be duplicate affidavit also that must be rejected i.e.their fee should not be deducted from pay bill.)

After that in April paybill fees should be deducted on the strength of consents.Different unions may have different amount of ANNUAL FEE.

15/05/11 List of employees whose deduction is made unionwise and union which presents more than 15% of total employee they represent will be RECOGNISED UNION.

Now it will be legal for company to give labour circle meetings and all types of meeting and signing of settlement with them will bind ALL.No need to pursue nonrecognised unions.

I hope this will serve your purpose.

Still,unrecognised union is a registered union and can raise industrial dispute but Standing orders and circulars issued on negotiations with recognised unions can not be challenged or their challenge will fail.

Whether the union is a minority union or not, they can exercise their right to raise a dispute/file writ etc which is done in your case.

If the agreement entered by you  with majority union is under sec 12(3) of ID Act, you just mention the same in the HC and get the writ filed by minority union dismissed. In the same way inform to the Industrial Tribunal also..

After doing the above, you file writ seeking direction to the minority union in not to indulge in such vexatious litigations.

If the settlement is 18(1) under ID Act you have no grounds to proceed as mentioned above by me.

Dear Radha krishna

Thanks for your reply. But we signed 18(1) settlement with the majority union, whether we can refer this settlement in the industrial tribunal as our reply for the dispute raised by the minority union.

With regards

Kumar

HR Manager

Yes you can do it. I hope you must have implemented to all the employees including those who are members of minority union without raising any objection. Some- times the minority union or members of minority union may issue letter stating that they are accepting the benefits of 18(1)  under protest or without prejudice to their right to legally pursue the matter.You examine all these issues before using the 18(1) settlement copy in the court. File only if you feel it is advantageous to you or if it gives more advantage to your argument in the court.

I have gone through your queries and replies of experts in this regard. I am of the view that under the law the law the only requirement is that the dispute must be a collective dispute. A dispute can become a collective dispute, the workmen of the industry have collective interest in the dispute i.e. if it is espoused, by substantial number of workmen or union ether directly or through the federation to which union is member. The union may majority, minority, registered or even unregistered. If cause of workman/workmen is espoused, it transformed the nature of collective dispute. Thus the espousal of dispute by minority union is perfectly legal

Now your second part of query is concerned. Mr. Ahmad has very nicely explained the scope of settlement under the Industrial disputes Act. It depend whether the settlement arrived during the course of conciliation proceeding or outside the conciliation proceedings and also whether the settlement is registered or not. In case, settlement was arrived during the course of conciliation proceedings it is binding to the workmen irrespective of the fact, whether the workman is member of the union or not but if it is outside conciliation proceeding, it binding only to the workmen. Who are member of that particular union and other union can not be compelled to abide the condition of that particular settlement.

So far as your query is concerned as to whether the management can file writ against the minority union. My answer if no for the reason mention here in below

.1. Firstly union is a private body, no writ lies against it

2. Secondly,  the union is acting within its right and power under the statutory powers of Trade Unions Act.

So for as referring of settlement before the Tribunal/Court, you have every right to refer the same. You can also plead that the workman has received benefits under the settlement as such union is estopped from challenging the settlement etc.