RECOGNITION OF TRADE UNION
Recognition as such is different from registration .There is so central on granting recognition to trade unions. It implies that there are a few state laws which which confer confer as a grant grant recogn recogniti ition on to trade trade unions unions(Gu (Gujra jrat, t, Mahara Maharastra stra ,Rajas ,Rajastha than,M n,M.P). .P).For For the word word recogn recogniti ition on was not not provid provided ed in the the T.U Act(1926),the management found a plea in not granting recognition to the trade unions. Recognition is of two types (a) Defacto (b) De Jure (1) DEFACTO -:
Tho Those trad trade unio union ns who do not not both botheer abo about recognition and commands attendance and knows that whether the employer recognize or not it can dictate terms are known as defacto recognition.
union is said to be dejure dejure when when it is duly and and (2) DE JURE -: A trade union officially recognized by the management. As employer may on his on volition grant recognition or he may act with the unions as if it is recognized. Royal commission of labour (1929) observed that the recognition may may mean mean much much but but it may mean noth nothin ing. g. No laws laws can can serv servee that that genuine and full recognition which are desired to see. This statement in fact speaks the whole truth about recognition. It is not a question of law but attitude and right earnest on part of management .Thus recognition means the management must deal with the union with right earnest i.e., earnest must cover within. Any forcible recognition by law may not hold good good in the long long term. term. Becaus Becausee recogn recogniti ition on involv involvee human human attitu attitude de orientation, which can not always be dealt with legally. Such recognition must be voluntary spontaneous must come vas a result of managements understanding of trade unions , the law can only act as a catalyst in has tannin tanning g the proces processs of recogni recognitio tion. n. Recogn Recogniti ition on is in to mainta maintain in as healthy industrial relation ever on healthy relation situation developed only when production is carried on the line of cooperative endorsement on the part of labour and management. There any legal dictations may result in conflicting situation may result in conflicting situation which is
not conducive for industrial peace. However when such recognition is accorded voluntarily to a trade union by management, it proves good for the health of industry and industrial relation. Therefore for the proper and heal health thy y grow growth th of IR, IR, reco recogn gnit itio ion n to trad tradee unio unions ns shou should ld come come volu volunt ntar aril ily y and and must must resu result lt from from genu genuin inee unde underst rstan andi ding ng of labo labour ur problems on the part management.
EFFORT MADE SO FAR IN RESPECT OF SOLLVING THE PROBLEM OF RECOGNATIUON -: 1st attempt -: in the year of 1947, an amendment was brought in the T.U act of 1926. In the year 1950, IR bill was introduced where in it was envisaged to grant recognition to trade unions, however that bill collapsed. Duri During ng the the seco second nd five five year year plan plan in 1957 1957 code code of disc discip ipli line ne was was formulated. Indian labour conference was suggested a criteria for recognition for trade unions, and it was not a law.
CFRITE CFRITERI RIA A FOR RECOG RECOGNAT NATION ION UNDER UNDER CODE CODE OF DISCIPLINE 1. The unions should have at least one year standing. 2. They They shou should ld have have at leas leastt 15% 15% of the the memb member ersh ship ip of the the establishm establishment ent to claim recognitio recognition n and 25% of the work force to claim recognition on industrial basis. 3. When there is more than one union the union with largest membership will be given recognition. 4. The recognition will be valid for 2years. 5. The unions which do not follow code of discipline will not be grated recognition. 6. The local unions if they have more than 50%of the membership can be given recognition to represent their grievances. 8. On the case of trade unions federation which are not affiliated to any of four four centra centrall organi organizat zation ion of labour labour or the questi questions ons of recognition would have to be dealt
TRADE UNION FINANCE
Most of the trade unions in India are not financially viable. Under the trade union act the fraud is collected through 1. Worker member contribute a minimum of 0.25p per month. (contribution from members). 2. Donations 3. Safe proceeds of periodicals and special collections. 4. Interest on investment. 5. Miscellaneous The primary source of income of Indian trade unions is the membership fee which is best natural contribution from the members and donations account for nearly 90%of the total income of the trade unions in India. Income derived from other source i.e. sale of periodicals special collection and interest on investment etc is more or less negligible.
STRUCTURE OF TRADE UNIONS:-
Analyzing the structure of trade unions movement is a very complicated process. However, we may say that at the base there are primary unions and at the apex, the central federation f ederation which are also called the national centre. In between fall the recognition and the industrial federation f ederation as well as well as the state branches of the central federation. (A).PRIMARY (A). PRIMARY UNIONS AT THE BASE: - The primary unions are the basic units of the structure of the Indian trade unions. They are nearest to the work place and worker place and workers. They recruit their members run the local offices and conduct industrial disputes. They are in closest touch with union members. The primary union in India fall under three categories i.e. i) Industrial Unions ii) General Unions iii) Craft Unions Industrial unions- Plant level& region-cum-industry level. B) INDUSTRIAL INDUSTRIAL FREDARATION: FREDARATION: The next higher unit the structure of the Indian trade union is the industrial federation(Federation at two levels national & regional).
C) CENTRAL FREDARATION OR NATIONAL CENTRES: At the top of the Indian trade union structure in national centre. The primary union’s industrial and regional federation is affiliated to this national centre according to their convenience and political inclinations. These national centres are intended primarily to coordinate guide and lay down the broad policies for the activities of their affiliates. The NCS have their state branches consisting the affiliated unions functioning within the territorial jurisdiction of the state concerned.
PROBLEMS OF LEADERSHIP IN TRADE UNION’S IN INDIA:-
The most pressing problem facing the trade union movement in India since its inception is that of outside leadership. This is because in earlier times the workers were reluctant to take up the leadership of trade unions because they feared nictinusatious or the plan of the management. The trade unions were readily getting leaders from the society and the leadership were borrowed from the National Movement. The presen presentt situat situation ion has not still still underg undergone one a comple complete te metamorphosis, of course some progress has been made in resorting the multifarious problems of leadership are trade unions in India. By and large, leadership does not still come from rank and file, the outsiders bring vested interest along with them or they usually takeover the reigns of leadership. Trade union act(1926) has not hastened the process of resolving this problem rather it has provided for a maximum of 50% of the office bearers or members of executive body of trade unions may be taken from outside. Moreover, the employer’s in India still suffers from the concept of status crisis and feels reserved to talk to the worker-leader across the table. In view of the above problems in the leadership issue National Commission on Labour has suggested the following measures to take care of such problems. The workers who have been working in the organizations earlier and now been victimized, dismissed should not be treated as outsiders. NCL NCL has has cate catego gori rica call lly y said said that that ther theree shou should ld be no bar bar as nonnon• employees holding positions in the executive of the union. Step Stepss shou should ld be take taken n to inte interna rnall lead leader ersh ship ip thro throug ugh h work worker er’s ’s education. The Trade Unions should intensify their efforts to train workers in • organizational matters. •
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Establ Establish ished ed a conven conventio tion n that that no union union office officerr bearer bearer with with hold hold concurrently any office in a political party. They had suggested that trade union executive to 10% when the • membership is below 1000, 20% when the membership is between 1000 1000 to 10,0 10,000 00,, 30% 30% when when memb member ersh ship ip is abov abovee 10,0 10,000 00.. The The permission limit for industry wise union should be 30% However the view varies from person to person and whether outside leader is better or that of inside leadership is still a debatable point. •
Argument given in favour of outside-leadership outside-leadership: - He has has a better better ability ability and specializa specialization tion compared compared to inside inside leaders. leaders. - Normal Normally, ly, he is comp compete etent nt in in lega legall matte matters rs also also.. - He enjo enjoys ys a soc socia iall sta statu tus. s. - He has has a grea greatt abil abilit ity y to rais raisin ing g fund fundss - He is abov abovee prof profess ession ional al reve revelry lry and jealou jealously sly.. Argument against outside leadership - He just not has time to spare to trade union activities. - He has has his his own own vest vested ed inte intere rest st.. - Possib Possibili ility ty of barga bargaini ining ng at the the cost cost of the the worker worker’s ’s interes interests. ts. - He is not not thoro thorough ughly ly acqua acquaint inted ed with with the the proble problem m of the indu industr stry. y. - He is not not conce concerne rned d with with the the indust industry’s ry’s prog progres resss and futu future. re. NCL further recommended some measure to encourage and develop internal leadership. (1) (1) The The empl employ oyers ers shou should ld demo demons nstr trat ativ ivel ely y indi indica cate te chan change ge in attitude. (2) Recognitio Recognition n of union as a bargainin bargaining g agent would would also help help in bringing about internal leadership. The political parties are influencing the traditional in India however the need that trade union should influence political parties. The Industrial Relations bell 1988 attempts to check the incidence of outleadership leadership is trade unions. unions. It envisages that only two outsiders outsiders should should be is the executive body of a trade union. No person can be either in the executive or office bearer is more than 7 unions. No union or state minister can be office bearer or executive member of trade unions. It is infact true that outside union leadership can not be done away with ,so long as democratic pluralism countries India has adopted a democratic form of government,
Where the government is run by public wish not by the whines of the elite holdin holding g the reigns reigns of the govern governmen mentt .The .The govern governmen mentt can not not totall totally y prohibit the recruitment of outside leadership by any legal act, as it will tantamount to violation of peoples fundamental right of association. NCL had also felt in same lines when it recommended that there should be so legal bar on non-employees holding positions in the executive body of the unions unions as that would would be a very drasti drasticc step contrave contravenes nes the freedom freedom of association and protection of the right to organize, which, among other things provides that workers and employees organizations shall have the right to elect their representatives in full f ull freedom. Again as India has adopted a federal form of government where by, the states have been gainer separate, organizational power and a jurisdiction, the lows and ideas promoted by them and the centre may and ever do vary to a considerable extent .Different states may go for outside leadership while the centre goes against it or otherwise .Then the multiplicity of party system also play place a vital role is sustaining such leadership in the cost of inside leadership. As the labour force in India constitutes are of the largest vote banks almost all the political parties fervently try to control the unions controlling such labourforce.And they try to control those unions by putting their party man in the leadership of the trade unions. Thus basically it is lack of political will on the part of political parties and leaders which has been responsible for imposition of outside leadership in trade unions. In a democracy there is no place for compension. As most of the labour force in India are literate they do not simply understand the internecine of trade union and what it takes to make as insider as the leader. On the other hand hand beca becaus usee of thei theirr igno ignora ranc ncee they they are are easi easily ly sway swayed ed by educ educat ated ed ,exp ,explo loit itiv ivee outs outsid ider er and and one one can can not not help help it as a demo democr crac acy y prohi prohibi bits ts compulsion .Again no law can be successful unless it is seen as a legitimate on the eyes of general public as in a democracy authority with out legitimacy has no meaning. Thus we may conclude that outside leadership is trade unions in India cannot be put to as end as long as the principles of democratic pluralism exists and reigns in India.
