Trade Union

TRADE UNION NOTES – BY CHANDAK SIR

HISTORICAL DEVELOPMENT DEVELOPMENT OF TRADE UNION IN INDIA •

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•

•

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Tra Trade de Unio Union n form formed ed in 18 1890 90,, Bomb Bomba ay Mill Mill Hand Hands s As Ass socia ociattion ion by Mr.Lokhande to demand amendment of Factories Act 1918. Then several other unions unions followed to fulfill fulfill specific specific demands and also to lend support to national movment. In 1918:-Ahmedabad Textile Labour Association was borned when dispute was settled by the intervention of Mahatma Gandhi. In Madras B.P.Wadia formed Madras Labour Union Interna Internatio tional nal Labour Labour Organi Organizat zation ion (ILO) (ILO) was establ establish ished ed in 1919,T 1919,This his influenced formation of All India Federation of Trade Unions. Afte Afterr worl world d war war I, in 19 1919 19,, large large numb number er of stro strong ng trad trade e unio unions ns were were formed by Annie Besant in Madras and Mahatma Gandhi in Ahmedabad. After 1924, all major All India Left-wing Trade Unions were formed for class struggle.

TRADE

UNION

STRUCTURE

There are three types of unions: •

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•

A craft unions is formed by workers belonging to same occupation or specialization irrespective of industry, e.g. Indian pilots, guild, electricians etc Industrial Union is formed on the basis of industry e.g. cotton textile factories ( Rashtriya Mill Mazdoor Sangh) General Union embraces all workers whatever kind of industry or craft in a place e.g. Jamshedpur Labour Union

WHY EMPLOYEES JOIN UNION ? Employees join join union for following reasons : •

Trade unions will protect employee’s economic and vocational interest. As such , it serves as instrument of defence and security.

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Trade unions look after employees welfare.

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Trade unions safeguard safeguard and improve improve service conditions .

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Trade unions will communicate their views to the management

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Tra Trade de union union will will rest restra rain in mana manage geria riall auth author orita itaria rians nshi hip. p.It It will will oppo oppose se management discretions. Tra Trade de unio union n will will stren strengt gthe hen n their their barg bargai aini ning ng powe power. r. It is seen seen as an instrument regulating the relationship between employers and employees.

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Trade union highlights class distinction to reduce workers dissatisfaction. To exercise leadership role as office-bearers of trade union. This satisfies their ambition to get ahead which they aspire.

UNIONS

PROVIDE

THE

FOLLOWING:

a. Job secu securit rity y to the the workers workers / emplo employee yees. s. b. Safegua Safeguard rd workers workers interes interestt c. Impro Improve ve thei theirr workin working g condi conditio tions ns d. Helping Helping employees employees in developing developing skill skill according according to the the job entrusted entrusted them e. Enable the worker participatio participation n in management management f. Prot Protec ectt righ rights ts of the the worke workers rs g. Helping Helping in maintai maintaining ning good good indust industrial rial relation relations s h. Negotiating Negotiating with with management management on on industrial industrial conflicts conflicts// disputes disputes

FUNCTIONS •

OF

TRADE UNION

FUNCTIONS RELATING TO TRADE UNION MEMBERS 1) Safeguard Safeguard workers workers interest interest against against explotion explotion by employe employers rs 2) Protect Protect workers from from unfair unfair labour labour practices practices by employer. employer. 3) Provision Provision of health, health, safe safe and conducive conducive working working conditions conditions.. 4) To ask for for rewards rewards to be associ associated ated with with work performa performance. nce. 5) Get benefits benefits from organiza organization tion for health, health, housing, housing, education education etc. 6) To help help in grievance grievance redress redressal al of employees. employees. 7) To foster foster labour-mana labour-management gement partici participation pation and and cooperation. cooperation. 8) To make workers workers consci conscious ous of their their rights rights and duties. duties.

(B) FUNCTIONS RELATING TO ORGANIZATIONS 1) To increas increase e productio production n and productivit productivity. y. 2) To help help mainten maintenanc ance e of discipli discipline. ne. 3) To promote promote cordial cordial relations relations between between the managemen managementt and workers. workers. 4) To create create favourable favourable opinion opinion about managem management ent among among workers. workers. 5) To facilit facilitate ate effect effective ive communicat communication ion with with the the managem management. ent.

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(C) FUNCTIONS RELATING TO UNION 1) To improve improve financial financial position position by increas increasing ing subscripti subscription on etc 2) To train train memb members ers in leaders leadership hip.. 3) To augment augment communic communication ation between between union union and members members.. 4) To crub crub inter inter-un -union ion riva rivalar lary. y. 5) To avoid avoid unfai unfairr labour labour practi practices ces.. 6) To review relevan relevance ce of union objecti objectives ves in the context context of of social social change. 7) To maintain maintain accounts accounts & other other administrat administrative ive records records of union. union.

(D) FUNCTIONS

RELATING

TO

SOCIETY

1. To help national national developme development nt e.g. family family planning, planning, nationa nationall integration, integration, afforestration. 2. To launch campaign campaigns s against against social evils, evils, i.e. corruption corruption,, communalism communalism,, cateism, price rise, hoarding, smuggling, dowry, illiteracy etc. 3. To help help and co oper operat ate e with participation.

WEAKNESSES

OF

TRADE

the the gover governm nmen entt and mobi mobilis lise e people people

UNION MOVEMENT IN

INDIA

i.

Mult Multip ipli lici city ty of of trad trade e unio union n as only only 7 pers person ons s can can from from a unio union n

ii.

Inter-union ri rivalry

iii. iii.

Intra ntra-u -uni nion on fa factio ctions ns / riv riva alry lry

iv. iv.

Abse Ab senc nce e of crit criter eria ia for for recog recogni niti tion on of of sol sole e barg bargai aini ning ng agent agent

v.

Polit Politic icali alisa sati tion on of trad trade e unio union n and and asso associ ciat atio ion n of outsi outsider ders s with enterp enterpri rise se unions.

vi. vi.

Philo Ph iloso soph phy y and and appr approa oach ches es whic which h advo advoca cate ted d

vii. vii.

Advers Adversari arial al relati relations onship hip (war-fa (war-fare) re) conflic conflictt with with managem management ent

viii. viii.

Class Class strugg struggle: le: oppres oppressio sion n and and exploit exploitati ation on by employ employers ers..

ix. ix.

Adopti Adop tion on of pressu pressure re tact tactic ics, s, milita militanc ncy, y, indisc indiscip ipli line, ne, intim intimid idat atio ion, n, blackblackmailing, towards management

x.

No role role play played ed as soci social al chan change ge agent agents s but but self self-c -cen ente tered red

THE TRADE UNIONS ACT •

1926

The Trade Unions Act 1926, is one of the old enactments in the field of Labour Laws but it is a conservative piece of legislation in as much as it as

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TRADE UNION NOTES – BY CHANDAK SIR it deals only with the registration of the trade unions and legal status of registered trade unions.The constitution of India confers on all citizens a fundamental right to from associations or unions. •

The The righ rightt to form form unio union n is thus thus doub doubly ly reco recogn gniz ized ed in Indi India a by the the constitution of India and The Trade Unions Act 1926.

What is the objective of the Trade Unions Act? The limited objective of this Act provide for the registration of the trade unions and to confer on registered trade unions certain protection and privileges.

What is the meaning of “trade union” As ordinarily understood the trade union means a combination formed for the purp purpos ose e of regu regula lati ting ng the the rela relati tion ons s betwe between en workm workmen en and and empl employ oyers ers.. The The definition of trade union given in The Trade Unions Act 1926, however includes a combination formed for the purpose of regulating the relations not only between workmen and employers but also between workmen and workmen or between employers and employers.

What is the procedure for the registration of a trade union? (a) At least seven members members of the trade union have to make an application application in the the pres prescr crib ibed ed form form and and acco accomp mpan anied ied by the the pres prescr crib ibed ed fee fee to the the Registered for Trade unions for the registration of the trade union the application must be accompanied by a copy of the rules of the trade union and should give particulars about its name and addresses its members and officers. (b) The Registrar Registrar if he is satisfied that the trade union has complied complied with all the the requ requir irem emen ents ts of the the Ac Actt will will regis registe terr the the trad trade e union union and and issu issue e a certificate of registration to it (c) The certificate of registration will be conclusive evidence that the trade union has been duly registered under the Act.

When there is an exiting Trade Union registered under the name of all India Trade union congress (AITUC) can the registrar grant registration to a new Trade Union under the name of AITUC hawkers Union? Section 7(2) of the Trade Union Act 1926 reads as under if the name under which a trade union proposed to be registered is identical with that by which any other existing trade union has been registered or in the opinion of the registrar so nearly resemble such name as to be likely to deceive the public or the members of eith either er trad trade e unio union n the the regi regist stra rarr sh shal alll requ requir ire e the the pers person on appl applyi ying ng for for registration to alter the name of the trade union stated in the application and shall refuse to register the union until such alteration has been made considering section 7 of the Act It will not be possible for the registrar to register any other union under the name of AITUC hawkers union which is similar or deceptively similar to the name of All India Trade Union Congress (AITUC).

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The government of Maharashtra by notification dated 13-12-2001 has revised the fees payable under the Bombay Trade Union Regulation 1927 as under-

S R N o.

DESCRIPTION

1

(a) Registration of a Trade union with a 600 membership of 1000 or over 400 (b) Registration of trade union with a 50 membership of less than 1000

2 3

Rs.

4 5

FEES

25 Duplicate certificate of registration

50

Registration of alteration of rules Inspection of register of trade union Maintained by the Register Ins nspe pect ctio ion n of a doc documen umentt in the the possession of the register

Is registration of trade union compulsory? The Trade Union Act 1926 does not make registration of trade registration of a trade union compulsory. But it is advisable to get a trade union registered under the Act because the Act confers many rights on a registered trade union.

Is a trade union required to have a certain minimum membership? membership? Section 9-A required that registered trade union shall at all time continue to have not less than ten per cent or one hundred of the workmen whichever is less subj su bjec ectt to a mini minimu mum m seve seven n enga engage ged d or emplo employe yed d in an esta establ blis ishm hmen entt or industry with which it is connected as its members.

Can Can a trad trade e unio union n regi regist ster ered ed unde under r the the trad trade e unio union n Act Act 1926 1926 be regist registere ered d again again under under the the So Soci cieti eties es Regist Registrat ration ion Act 1860 1860 the Cooperative Societies Act 1912 or the t he companies Act 1956?

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TRADE UNION NOTES – BY CHANDAK SIR A trade union which is already registered under the trade union Act 1926 cannot be registered again under the societies registration Act 1860 the Co-operative societies Act 1912 or the companies Act 1956 and the registration of any such trade union under any of the said Act will be void.

Can the registrar of trade union register a union of members of the Armed forces? The registration of such union initially granted by a mistake can be made invalid and therefore cancelled.

What is the legal status of registered trade union? 1. A regis egisttered ered trade rade unio union n is a body body corpo orpora rate te hav having ing a perp perpet etua uall succession and common seal. 2. It has power power to acquire acquire and hold hold both movable movable and immov immovabl able e property property and to enter into contracts. 3. It can can sue and and be sued sued by by its own name name 4. Its office office bearer bearer or member cannot cannot be prosec prosecuted uted for criminal criminal conspi conspiracy racy for following its legitimate objects 5. No legal proceedi proceeding ng can be filed filed in any civil court court against against it in respect respect of of any act in furtherance of a trade dispute even if such act 6. Induces Induces some some other person person to to break a contract contracts s of employm employment ent 7. Is in interferen interference ce with the trade trade busine business ss or employmen employmentt of some some other other person 8. Is in interferen interference ce with right right of some some other other person to to dispose dispose of his capital capital or his labour as he wills. 9. Any agreem agreement ent between between its memb members ers is not void or voidab voidable le even if its object are in restraint of trade

Can a trade union represent a workmen engaged or employed in an industry with which the trade union is not connected? If the constitution of a trade union does not allow it to represent a workmen engaged or employed in a particular industry it is not entitled to represent such a workmen.

Is the immunity immunity from from civil civil suit in respect respect of acts of a trade union union its offi office ce bear bearer er and and memb member ers s avai availa labl ble e unde under r sect sectio ion n 18 of the the Act Act absolute? The immunity from civil suit will not be available in respect of acts which are unlawful tortuous or violent and which fall out umbrella of protection of section 18 of the Act.

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In what what circ circum umst stan ance ces s the the regi regist stra rati tion on of a trad trade e unio union n can can be cancelled? The registrar or trade union can withdraw or cancel certificate of registration of a trade union ifa) The trade trade union union applies applies for its its cancella cancellation tion b) The registrar registrar is satisfied satisfied that the the certificate certificate has been obtained obtained by fraud fraud or mistake c) The trad trade e union union has has cased cased to to exist exist d)

The trade union has willfully contravened any provision of the Act

By an amendme amendment nt to an Act , the registr registrar ar of trade union union is empower empowered ed to withdraw or cancel thee registration of any trade union workmen if it ceases to have the requisite number of members.

What is the procedure the registrar has to follow before the certificate of registration of trade union is withdrawn or cancelled? The registrar has to give to the trade union not less than two months previous notice in specifying the ground on which it is proposed to withdraw or cancel the certificate.

What is the scope of the power of the registrar of trade union with regard to cancellation of the registration of trade union? The registrar can invoke the power of cancellation of registration of a trade union only if there is sufficient material before him to establish that the trade union concerned has committed willful contravention of any provision of the Act in other other words words unless unless the interna internatio tional nal violat violation ion of any provision provision of the Act is established the registrar cannot invoke the said power.

Does Does the the regist registrar rar of trade trade union unions s posses possess s the the power power to revoke revoke or withdraw an order of registration of a trade union? There cannot be a withdrawal withdrawal or revocation revocation of the initial order of de-registration de-registration of trade union in the absence of any statutory provision authorizing the registrar to do so.

What are the functions of the registrar of trade unions? The registrar of trade union performs the following functions a) Registration of trade unions b) Withdrawal or cancellation of registration of trade unions c) Sancti Sanction on of prosec prosecuti ution on for the offenc offence e commit committed ted under under the trade trade unions Act 1926

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Can a minor be admitted as a member of a registered trade union? If a person has attained the age of 15 years he can be admitted as a member of a registered trade union provided that there is no prohibition in the rules of the trade union on admitting any minor as its members.

Does a person automatically ceases to be a member of the union on cessation of employment? There is no provision in the Act providing for automatic cassation of membership on cessation of employment

What are rights of a members of registered trade union? Every office bearer or member of a registered trade union has a right to inspect the books of accounts and also the list of members of the trade union at such times as may be provided for the rules of the trade union.

Can any person be chosen as an office bearer of a registered trade union? For being qualified to be chosen as an office bearer of a registered trade union a person (i) must have attained the age of 18 years; and (ii) must not have been conv convic ictted of any any offe offenc nce e inv involv olving ing moral ral turp turpit itud ude e and sent entence enced d to imprisonment, unless a period of 5 years has elapsed since his release.

Is there any restriction on the number of outsiders who can be the office bearers of a registered trade union? The act providers that the number of outsiders shall not be “ore than one-third of total number of office bearers or five, whichever is less.”

Can the recognition of a trade union be withdrawn without giving to the union opportunity of being heard in the matter? A refusal to grant recognition and withdrawal of recognition once granted cannot be placed on the same footing though the grant of recognition to a trade union may be voluntary recognition once granted to it could not be withdrawn without giving to it opportunity of being heard in the matter.

Does the registrar of trade unions, under sections 8 and 28 possess the power to hold any quasi-judicial quasi-judicial enquiry?

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TRADE UNION NOTES – BY CHANDAK SIR The The regi regist stra rarr of trad trade e unio unions ns unde underr sect sectio ions ns 8 and and 28 can can hold hold only only an administrat administrative ive enquiry he has no power under those sections sections to hold any quasiquasi ju judic dicial ial enquir enquiry y by allowin allowing g parties parties to examin examine e witnes witnesses ses and allowing allowing such such witnesses to be cross-examined.

Does the registrar of trade union under section 28 possess the power to decide any dispute between rival office bearers of a trade union? There is no provision in the Act empowering the registrar of trade union to exercise any superintendence or control over the internal affairs of a trade union

Is it permissible for a trade union constitute a political fund apart from its general fund? It is permissible for a registered trade union to constitute a separate fund for the promotion of the civil and political interest of its member contribution to the fund will be optional and no member will be compelled to contribute to the fund cons conseq equen uentl tly y a memb member er who who does does not not cont contrib ribut ute e to the the fund fund sh shal alll not not be deprived of any benefits of the trade union.

Can a trade union change its name? A registered trade union can change its name with the consent of not less than two two thir thirds ds of the the numb number er of its its memb member er and and afte afterr foll follow owing ing the the proc procedu edure re prescribed under section 25 of the Act.

Is a civil suit for damages against striking workers maintainable? The trade union the office bearers and the member are insulated against a suit or other legal proceeding linked with the strike of the workers the trade union Act through Section 18, unfolds un umbrella of protection to them.

Does the registration of a trade union confer any right on the said union to be recognised by the employer? The registration of a trade union does not confer any right on the said union to be automatically recognized by the employer

Is it perm permis issi sibl ble e for any any two two or mo more re regi regist ster ered ed Trad Trade e Unio Unions ns to amalgamate? It is perm permis issi sibl ble e for for any any two two or more more regis registe tered red Trad Trade e Unio Unions ns to becom become e amalgamated together as one Trade Union. This can be done after the votes of at least one half of the members of each or every such Trade Union are recorded at least sixty per cent of the votes recorded are in favour of the proposal the procedure concerned unions have also to follow the prescribed under section 25

What is the procedure for dissolution of a trade union?

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TRADE UNION NOTES – BY CHANDAK SIR The dissolution of a registered trade union shall be effected in accordance with the rules of the trade union and notice of the dissolution shall be sent to the registrar of trade union if the rules do not provide for the distribution of funds the registrar shall divide for the funds among the members proportionate to the amounts contributed by them by way of subscription during duri ng their membership.

What are the offences under the Act and what is the punishment for them? 1. If any office office bearer of register registered ed trade union union makes a default default in giving giving any notice or sending any statement as required by the Act, he would be punished with fine upto Rs. 5. 2. If any any pers person on will willfu full lly y makes akes a fals false e ent entry in the ann annual ual Retur eturn n of registered trade union, he would be punished with fine upto Rs. 500. 3. If any person, person, with intent intent to deceive, deceive, gives gives an incorrect incorrect copy copy of the rules of of registe registered red trade union to a member member or person person intendin intending g to become become a member of the trade union, he would be punished with fine upto Rs. 200.

Is a Trade Union required to maintain any registers and submit any returns? Every registered Trade Union is required to maintain the following books and registers i.

Regi Regist ster er of of memb member ersh ship ip and and sub subsc scri ript ptio ion. n.

ii. ii.

Regi Regist ster er of of rece receip ipts ts and and dis disbu burs rsem emen ents ts..

iii iii.

Minu inute bo book of of mee meettings,

iv. iv.

Regi Regist ster er of stoc stock, k, tool tools s and and plan plant, t,

v.

Mach Machine ine numb numbers ers & su subs bscr cript iptio ion n rec receip eiptt book, book,

vi.

Regist Register er of receipt receipts s and and dis disbur bursem sement ent for the politic political al fund, fund,

vii.

A file of vouchers.

Every Every regist registered ered Trade Union Union is required required to submit submit to the registrar registrar of Trade Trade Unions annual returns of receipts and expenditure as well as assets and liabilities in the prescribed form, by the 30th day of April in each year.

CHANGING

SCENARIO

OF

TRADE

UNIONISM

After the liberalization process in the economic system which started in 1990s, ther there e has has been been chan change ge in the the trad trade e union unionis ism m too. too. Such Such chan change ges s are are of the the following types and are expected to proceed in the same direction in near future. 1. There There is decreasi decreasing ng attrac attractio tion n of employee employees s from from indust industrial rial sector sector toward towards s Unioni Unionism sm.. This This is evident evident by the decreas decreasing ing number number of

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TRADE UNION NOTES – BY CHANDAK SIR trade trade union union member membershi ship. p. In fact, fact, attrac attractio tion n toward towards s unioni unionism sm is losing momentum throughout the world. 2. Ther There e is incre ncreas asin ing g depo depoli liti tici cis satio ation n of tra trade unio unions ns.. This his is happening in two ways. First, many trade unions are not affiliated to any central trade union. Second, many central unions are passing control to non-politicians though there is a long way to go. 3. Trade Trade union union leaders leaders have become become more mature mature in their approa approach. ch. Many Many trad trade e union unions s have have adop adopte ted d cons constr truct uctiv ive e & co-op co-opera erati tive ve appr approa oach ch in hand handlin ling g indu indust stria riall rela relati tion ons, s, prob proble lem m rath rather er than than sticking to age-old militant approach. 4. Many unions unions have have accepted accepted the realities realities of economic economic reforms reforms.. Their approach has turned to eradicate the adverse impacts of reforms rather than stalling the reforms as such. Trade union circles now discuss more about productivity, total quality management, quality of work life, life, compet competitio ition n etc, rather rather than making making plans to go for strikes and other pressure tactics. 5. Trad Trade e unio unions ns have have acce accept pted ed many many new new empl employ oyee ee mana managem gemen entt practices practices like like VRS etc, etc, which which used to to be bone bone of contention contention a few years ago There is a possibility to make the company union-free. Employees who joined unions feel dissatisf dissatisfied ied with the union working style style . Therefore, Therefore, management management itself can take certain steps to modify those factors causing dissatisfaction.

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The employees value the outcomes for joining or not joining a union and relate the valuation to their level of satisfaction. In fact, when an individual joins any organization for his career he does not have in his mind that he would join an union. union. He is more more intereste interested d in his career. career. This This tendency tendency is gaining gaining ground ground throughout throughout the world and India is not lagging a behind. behind. The major actions actions which an organization can undertake to make itself union free are as follows: 1. Effect Effective ive firstfirst-lin line e supervis supervision ion.. 2. Effective Effective personne personnell planning, planning, recruitme recruitment nt and selectio selection. n. 3. Effect Effective ive train training ing and and developm development ent 4. Open Open com commu muni nica cati tion on 5. Approp Appropria riate te remune remunerat ration ion 6. Effect Effective ive pers personn onnel el resea research rch 7. Health Healthy y and safe safe working working envir environm onment ent 8. Healthy Healthy employer-emplo employer-employee yee relationship relationship

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PROBLEMS OF TRADE UNION MOVEMENT IN INDIA The position of trade unionism in India is not very sound. In fact, the trade union movement is wanting in many respects. This is because of the fact that the Indian trade union of today suffer from many problems. A brief account of these problems is given below:

Uneven Growth Histor Historica ically lly Trade Trade union union activi activities ties were concen concentra trated ted in large large scale scale indust industry ry sect sector or and and ther there e too too in rega regard rd to manu manual al labo labour ur only only and and main mainly ly in bigg bigger er industrial industrial centers for example example textile textile workers in Mumbai,Ahm Mumbai,Ahmedabad edabad,, Indore, Indore, Kanpur and plantation labour in Assam, West Bengal, Tamil Nadu, and Kerala The degree of unionization varies from industry to industry.

Low Membership The number of trade unions in India has increased considerably. But this has been follow followed ed by the declini declining ng members membership hip per union. union. Moreov Moreover, er, the rivalr rivalry y among the leaders of trade unions has resulted in multiplicity of unions, thereby reducing the average size of membership per union.

Outside Leadership Another remarkable feature of trade unionism in India has been domination by outside leadership. Most of the trade unions in India have professional political leadership. The leadership is not rooted in the working class. The leadership of profes professio sional nal politic politicians ians is interes interested ted in exploit exploiting ing workers workers for their their politic political al objectives. The political leadership is actually harmful to the cause of the working class, class, strikes strikes are prolonged prolonged by political political leaders for personal personal prestige. Very often negotiations with employers fail due to such political leadership. The interest and welf welfar are e of the the work worker ers s is very very ofte often n igno ignore red. d. Thus Thus outs outsid ide e lead leader ersh ship ip of politicians is a major weakness of trade unions in India.

Multiplicity of Union Another problem of trade unionism in India is that of multiplicity of unions. There exist many trade unions in the same establishment. There are at times as many as twenty unions in the same plant. The existence of this phenomenon can be attributed attributed partly partly to the domination domination of outside outside leaders and partly to the the labour laws .The Trade Union Act 1926 perrmits any association of seven workers to be registered as a union, and confers upon it certain rights. Such a union is allowed by law to raise disputes, go to conciliation, files suits, and even bargain with employ employers ers.. Such Such provis provisions ions in the law natura naturally lly encour encourage age small small sectio section n of workers to form separate unions. Any seven persons can get together together to form a union. Many a times, it is contended that multiplicity of unions is because of outside leaders. But more pertinent point is that they are able to form new union because law permits and gives gi ves sanctity to the small unions.

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Intra-Union Rivalry The existence existence of multiple unions leads to problem of union rivalry. rivalry. Unions try to play down each other in a bid to gain greater influence among workers. In the process, they do more harm than good to the cause of unionism as a whole. Employers are given an opportunity to play union against each other. They can refuse to bargain on the contention that there is no true representative union. Besid Besides es this this,, the the worke workers rs own own solid solidar arit ity y is lost. lost. Emplo Employe yers rs are are able able to take take advantage of infighting between workers groups. Solution to this problem can be found found in secret secret ballot ballot vote. vote. After some some stipul stipulate ated d time time period, period, the workers workers should go to polls to elect their representative union for that duration. This would reduce both multiplicity of union and inter-union rivalry.

Absence of Paid Office-Bea O ffice-Bearers rers Majo Majorit rity y of unio unions ns do not not have have whol whole e time time paid paid offi office ce-b -bear earer ers. s. Many Many unio union n activists work on honorary basis. They devote only limited time and energy to trade trade union union activi activities ties.. The domina dominatio tion n of politic political al leader leaders s is also also due to the absence absence of full time union workers. workers. The union office office bearers are also not trained properly. They lack the knowledge of basic principles and practices of trade unionism.

Weak Financial Position The financial position of the trade union is generally weak because their average yearly income is low and inadequate . The subscription vary from union to union and are quite low in most of the unions. Under conditions of multiplicity of unions interested in increasing their membership. keep the subscription rate unduly low. As a result, the funds with the unions are inadequate and they cannot undertake welfare welfare progra programm mmes es for their their member members. s. In such such a sit situat uation ion,, the the subsc subscript ription ion rates may be raised. It is argued that the financial condition condition of Indian workers is not too good to afford afford the increased increased rates. rates. This, however, however, is only a myth. Over Over the years the average income of the workers has been on an increase.It is wrong to plead that they cannot afford higher subscription rates for union membership.

Subscription dues unpaid Another important reason for the weak financial position of union is that large amounts of subscription dues remain unpaid. The names of constant defaulters continu continue e to appear appear on the membersh membership ip register registers s of most most of union. union. They are neither neither expelle expelled d nor cease cease to be member members. s. Rules for expulsi expulsion on of defaut defauting ing members are seldom seldom invoked. Besides this,unions do not have proper staff and organi organizat zation ion to collec collectt subsc subscript ription. ion. A soluti solution on to the problem problem of collec collectio tion n subscription on regular basis can be found in the check off system. Under this system, system, the subscription subscription is deducted deducted at the time of making making wages payment payment by the employer. The amount is later on handed over union of which the worker is a member.

Lack of Interest

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TRADE UNION NOTES – BY CHANDAK SIR In order to make the trade union movement succeed, the members of trade unions should take keen interest in the union affairs. They should understand what unionism is all about and what demands it makes on individual members. They must feel the need to give the movement necessary support for a common cause. The attendance at the general meeting of the unions is very low. Under such circumstances, trade unionism cannot be expected to make much progress. This gives rise to another problem that unions ceases to function democratically. They are run by a few interested persons who at time have their own axe to grind. This problem can be removed by educating workers of their rights and duties and developing in them a sense of responsibility.

Limited Stress on Welfare Many unions in India undertake only limited welfare activities. They only fight with the employer for more wages and other benefits.

Lack of public support The The trade trade unions unions frequent frequently ly resort resort to strikes strikes and demons demonstra tratio tion n . They They give give limit limited ed atte attent ntio ion n to peac peacef eful ul meth method ods s for for the the sett settlem lemen entt of dema demand nds s and and dispu dis pute tes. s. The The genera generall publ public ic is affe affect cted ed due due to strik strikes es,, go slow slow and and othe otherr practices of unions. As a result, public support or sympathy is not available to the unions.

MEASURES FOR

STRENGTHENING OF TRADE

UNIONS

1. Development Development of strong base A strong trade unions movement is necessary both to safeguard the interests of the members and to the help in achieving the targets of production. To develop a strong strong moveme movement, nt, it is necess necessary ary that that trade trade unions unions with with differ different ent affilia affiliatio tions ns come come toge togeth ther er on the the basi basis s of a comm common on prog progra ramm mme e cove coverin ring g objec objecti tive ves, s, methods, and procedures. 2. One union in one industry Multipl Multiplici icity ty of unions unions in the same plant plant leads leads to interinter- unions unions rivalry rivalry which which ultimately cuts at root of the trade union movement. It weakens the power for collective bargaining, and reduces the effectiveness of workers in securing their legitimates rights. Therefore, there should be only one unions is one industry. 3. Elimination of Political influence The linking of unions with political parties is highly dangerous for the healthy growth of trade unionism in India . It diverts the attention of unions from the problem of working class. The unions must realize the utter uselessness of party politics in trade unionism.

4.Development 4.Development of internal Leadership

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TRADE UNION NOTES – BY CHANDAK SIR It is desirable to switch over to working class leadership from out side leadership. Leadership should be developed from within the rank and file of the workers. This will help movement to gain strength in regard to trade union leadership. The National Commission on Labour (NCL) recommended that: (1) (1) there there sh shou ould ld be no ban ban on nonnon-em empl ploy oyees ees hold holdin ing g the the posi positi tion ons s in the the executive of the union (2) steps should should be taken taken to promot promote e interna internall leader leadershi ship p and given it more more responsible role (3) permissible limit of outsiders in the executive of the union should be reduce to 25 per cent of executive members (4) ex-employees should not be treated as outsiders.

5. Paid Union Officials Generally, the trade unions avail the services of the honorary workers due to paucity of funds this practice. In large union set up, it is better to have services of outsiders with relevant experience.

6. Financial Stability Most Most of the trade unions unions in India India are financiall financially y weak. weak. This This create creates s variou various s difficulties before the unions and restricts their activities. The financial problems of the unions can be solved by raising the membership, and collecting more contributions from all members

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Trade Union

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