Recognition of Trade Union

The Trade Union Act, 1926, the only Central Law, which regulates the working of the unions does not have any provision for recognition of trade union. Some attempts were made to include compulsory recognition in the Trade Union Act in 1947, 1950, 1978 and 1988, but it could not be materialized.

The usual methods used to determine union strength, which is the basis of the recognitions are following:

  1. Check Offs
  2. Secret Ballot
  3. Verification of membership through Labour Department Officials
  4. Following the voluntary code of discipline
  1. Check Off

The check process is a system by which worker gives in written to the management through his trade union that he is a member of a particular trade union and the his subscription can be deducted from his wage and paid to the respective trade union . This gives management concrete evidence about the respective strengths of the unions. But the system is also prone to manipulation, particularly collision between management and a favoured union. Sometimes, genuine mistakes may occur, particularly when the number of employees is large. It also depends on all unions accepting the method and cooperating in its implementation.

  1. Secret Ballot

Under this system, all eligible workers of an establishment may vote for their chosen union, elections to be conducted by a neutral agent, generally the Registrar of Unions, in a manner very similar to the conduct of general elections. Once held, the results of the elections would remain valid for a minimum period, usually two years.

  1. Verification of membership through Labour Department Officials

By this system, either the management or trade unions can approach the appropriate labour department for verification of trade union membership. The state/central labour department will depute an official to verify the membership of the trade unions in the industry. The official will obtain the list of members from the trade unions. In case of multiple memberships, he will speak to the individual employee and find out which union he would like to be a member and based on the verification, will repost on the membership of each union. This will help the management in taking a decision on the recognition of trade unions.

  1. Following code of discipline

The unions which accept the voluntary code of discipline will be recognized by the management .The code of discipline has to be agreed to both the management and  the trade union. The criteria for recognition of unions under code of discipline (Annexure A) are listed below:

i. Where there are more than one union, a union claiming recognition should have been functioning for atleast one year after registration. Where there is only one union this condition would not apply.

ii. The membership of the union should cover atleast 15% of eh workers in the establishment concerned. Membership would be counted only of those who have paid their subscriptions for atleast three months during the period of six months immediately preceding the reckoning.

iii. A union may claim to be recognized as a representative union for workers in all establishments in an industry in a local area if it has a membership of atleast 25% of the workers of that industry in that area.

iv. When a union has been recognized, there should be no change in its position for a period of two years.

v. Where there are several unions in an industry or establishment, the one with the largest membership should be recognized.

vi. 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 membership of 50%or more of the workers of that establishment it should have the right to deal with matter of purely local interest such as, for instance, the handling of grievances pertaining to its own members. All other workers, who are not members of that union might either operate through the representative union for the industry or seek redress directly.

vii. Only unions which observe the Code of Discipline are entitles to recognition.

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