Instructions on Trade Union Verification for Recognition

RECOGNITION OF UNIONS UNDER THE CODE OF DISCIPLINE

IMPLEMENTATION AND EVALUATION DIVISION

MINISTRY OF ALBOUR (DEPARTMENT OF LABOUR) GOVERNMENT OF INDIA.

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FIRST EDITION

The Code of Discipline lays down certain criteria for recognition of unions by the managements on a voluntary basis. These criteria have been further clarified by the Indian Labour Conference. A procedure for verification of membership, to determine their representative character, has also been approved by the Standing Labour Committee. For the convenience of unions, managements and verification officers all the decisions so far taken on the subject have been brought together in this brochure in a classified form. As recognition is governed by statutes in certain States, the relevant legal provisions have been given in the appendices to this brochure, for the benefit of these concerned.

November, 1961.

SECOND EDITION

The first edition having been exhausted within a year of its publication need has arisen for bringing out the second edition. This opportunity has been utilised to make this brochure up to date.

October, 1963.

THIRD EDITION

In view of the great demand for this brochure a need has arisen to bring out this edition and also to make it up to date.

December, 1969.

FOU-RTH EDITION

The earlier edition having been exhasuted and in view of the great demand for this brochure need has arisen to bring out this edition.

August, 1980.

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C O N T E N T S

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I. RECOGNITION UNDER THE CODE OF DISCIPLINE

Clause III(vii) of the Code of Discipline (Appendix I) requires managements to recognise unions in accordance with the Criteria for Recognition of Unions appended thereto. The Code provides for two types of recognition. A union can claim to be recognised as representative union for an industry as a whole in a local area or it can claim recognition as the majority union in an establishment if certain conditions, described below, are fulfilled.

II. ESSENTIAL CONDITIONS FOR RECOGNITION

(1) Where there is only one union

2. If there is only one union in an industry or in an establishment, it can claim recognition provided it has not been found responsible for a breach of the Code during the period of one year immediately before claiming recognition. Later, the Central Implementation and Evaluation Committee made the following recommendations:

(i) A union not affiliated to any of the four Central Workers' Organisations should wait for a period of one year after accepting the Code of Discipline before its request for recognition can be considered. (11th meeting - November 26, 1965).

(ii) A breach of the Code of Discipline should be established by the concerned Implementation Committee and not the Implementation Machinery for considering whether or not it was entitled to claim recognition. (15th meeting - August 24, 1966).

(2) Where there is more than one union

3. Where there are several unions in an industry or in an establishment, the one with the largest membership and fulfilling the conditions mentioned in paras 4 to 8 is to be recognised.

The Indian Labour Conference (19th Session-October 1961) decided that technicians, supervisory staff, etc., should be free to form their own unions to represent their interests. If, however, a majority of technicians, etc., are members of a general union and that union is a representative union, such a union would be entitled to represent the interests of technicians, etc., also. At the Indian Labour

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Conference (22nd Session-July 1964) which considered the matter further the consensus was that the recognition of category-wise/departmentwise unions should not be encouraged.

(a) Recognition as a representative union for an industry

4. A union can claim to be recognised as a representative union for an industry in a local area if -

(i) it has been functioning for a period of at least one year after registration under the Trade Unions Act.

(ii) it considers that it commands a majority of membership - in any case not less than 25% - of the workers in that industry in that area.

(iii) it has not been found responsible for a breach of the Code during a period of one year immediately before claiming recognition.

(iv) the existing recognised representative union, if any, has completed a period of two years after recognition under the Code.

5. For the purpose of defining an industry, the classification of industries (Appendix II) used by the Labour Bureau, Simla is to be adopted and industry would mean any business, trade, undertaking, manufacture of calling of employers including any calling, service, employment, handicraft or industrial occupation or avocation of workmen.

6. The term 'local area' occurring in the criteria is to be defined by the concerned appropriate Government.

7. A representative union has the right to represent 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 would have the right to deal with matters of purely local interest such as 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 or seek redress directly.

(b) Recognition as a majority union in an establishment

8. A union can claim to be recognised as a majority union in an establishment if -

(i) it has been functioning for a period of one year after registration under the Trade Unions Act.

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The requirement need not be fulfilled if it is the only union functioning in the establishment.

In case of branches of a union recognised under the Code as a representative union the qualifying period of one year is not to be insisted upon for granting recognition to the branch union at the unit level provided it satisfies the prescribed membership qualification and is operating in the same local industry as the representative union.

(ii) it considers that it commands a majority of membership - in any case not less than 15% - of the workers of that establishment;