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Rama mohan Acharya (Manager HR(Legal))     12 June 2010

TRADE UNION ACTIVITY

In an Industrial undertaking a few  registered unions are in existance. One who got the majority is recognised by the management and negotiate with them. Under the provisions of Trade Union Act 1926, every union is submitting the annual return to the registrar of Unions. There is no provision of giving copy of the return to the employer. The only basis of ascertaining the number of membership is the check-off system (only for the majority Union)by which individual employee gives authorisation to deduct the membership fee from salary. On a later date it was found that each Union is showing their membership in the annual return that sum total of all members is much higher than the total employees of the establishment. This reveals that either there are same person becomes members of more than Union or the figure given in the annual return is not correct. In this situation, dispute may be raised to know which one is a majority Union for which REFETRENDUM may be one way to be initiated by the labour authority. But if referendum is adopted than,it may leads to industrial unrest and loss of production ect. In such situation, What should be done by the Employer?



 1 Replies

Guest (Guest)     13 June 2010

Approach the registrar of trade unions and request him to appoint an election officer from his staff and conduct the election and declare the union which has got majority support.  The election officer, who is independent government official can receive respect and authority and in the secret ballot, the majority union can be identified and the management may recognize it.  If you anticipate animosity amongst unions even by this procedure, you can declare that you would recognize every union, which gets the support of 30% or more employees of the industry in the secret ballot and their representation in the negotiation committee will be in proportionate to their respective strength. 

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