Recognition of Trade Union

Rights of a Recognized Union

Annexure B of the Code of Discipline mentions the following rights of a recognized union:

1. It can raise issue and enter into collective agreements with employers on general questions concerning the terms of employment and conditions of service of workers in the establishment.

2. It can collect membership fees from the members within premises of the undertaking

3. It can put up a notice board on the premises of the undertaking and use it for announcements relating to meetings etc.

4. For the purpose of prevention or settlement of an industrial dispute:

i. It can hold discussions on the premises of the undertaking with the employees who are members of the union. (but this should not interfere with the normal working of the undertaking).

ii.  It can discuss with the employer or with any other persons appointed by him in that behalf the grievances of employees in the undertaking.

iii. It can inspect any place in the undertaking where any member of the union is employed.

5.  It can appoint its nominees on

i. Joint Management Councils

ii. Grievance Committee

iii. Any other non-statutory bipartite committee set up by management such as production committee, welfare committee, canteen committee, house allotment committee etc.

The National Commission on Labour has recommended for Compulsory recognition of trade unions by the employers under the central legislation in all industrial undertaking employing 100 or more workers or where the capital invested is above stipulated size. On order to claim recognition by the individual employer the union must have the total membership of 30% of the plant or establishment. The industry wise union in local area may, however, be recognized if the minimum membership is 25%. The Commission has recommended that where recognition is sought by more than one union, the largest union should be recognized.

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