INTRODUCTION:
Trade unionism is a worldwide movement and the highly strategic position occupied by trade unions in modern industrial society has been widely recognized. The early unions were formed as partly as social clubs but soon became increasingly concerned with improving wages and working conditions, primarily by the device of collective bargaining. With industrial development, however, local associations sooner or later followed the expansion of production beyond the local market and developed into national unions of the same trade. These in turn formed for med national union federations. In most most case cases, s, empl employ oyee ees’ s’ asso associ ciat atio ions ns or trad tradee unio unions ns seem seem to have have emer emerg ged as pro prote test st move moveme ment nts’ s’ reac reachi hing ng agai agains nstt the the work workin ing g rela relati tion onsh ship ipss and and
cond condit itio ion n
organization
crea create ted d
memb embers
by have
indu indust stri rial alis isat atio ion. n. to
be
general rally
When hen
indu indust stri rial aliz izat atio ion n
recruited
from the
begi begins ns,, ranks
of
form former er agri agricu cult ltur ural al labo labou ur and and arti artisa sans ns who who have have to adap adaptt them themse selv lves es to the the chan change ged d cond condit itio ions ns of indu indust stri rial al empl employm oymen ent. t. They They have have to be prov provid ided ed with with new new type typess of econ econom omic ic secu securi rity ty ! wage wagess " sala salari ries es,, bene benefi fits ts and and serv servic ices es etc. etc. #ften they may have to learn to live together in newly developing industrial townships and cities and also to adopt themselves to new working conditions and new pattern of work work$ru $rule less impo imposi sing ng disc discip ipli line ne and and sett settin ing g pace pace of work work to whic which h they they are are unfamiliar. Their old habits and traditions do not suffice to guide them in their daily work work$be $beha havi viou ourr and and in cons conse% e%ue uenc ncee they they may may be disor disorga gani nize zed d and and frus frustra trate ted. d. Thus the growth of modern industrial organizations involving the employment of a larg largee numb number er of work worker erss " empl employ oyee eess in new new type type of work workin ing g cond condit itio ions ns and and envi enviro ronm nmen entt make makess them them help helple less ss in barg bargai aini ning ng indi indivi vidu dual ally ly for for thei theirr terms terms of employment. This led to the birth of trade unions in many countries and also in India as well.
The term Trade &nion’ has been defined in various ways because of wide differences in the use of this term in different countries. #f all the definitions of a trade union, the classic definition of 'idney and Webb’s 1 has been most popular. (ccording to them a trade union is )a continuous association of wage$earners for the purpose of maintaining or improving the condition of their working lives*. HISTORY:
+evelopment of modern industry, especially in the Western countries, can be traced back to the -th century. Industrial development in India on Western lines, however commenced from the middle of the th century. The first organized Trade &nion in India named as The Madras Labour Union was formed in the year -. 'ince then a large number of unions sprang up in almost all the industrial centres of the country. 'imilarly, entrepreneurs also formed their organisations to protect their interests. The first cotton mill in India was established in / in 0ombay and the first 1ute mill in -// in 0engal. This was the beginning of the modern factory system in India. (fter -/ and -//, the number of factories began to increase both in 0ombay and 0engal. 2rof. '. 3. +hyani has observed that the year -4/ is landmark in the history of trade union 5ovement. 6or the first time, in India factory workers united together for securing better working conditions in the factories.
TRADE UNIONS IN INDIA:
There are nearly thirteen trade unions in India out of which only four are the ma1or unions of the country. They are7 •
.
The Indian 3ational Trade &nion 8ongress 9I3T&8: by the 8ongress.
'idney and 0eatrice Webb in their book ( ;istory of Trade &nions 9<=:.
•
(ll$India Trade &nion 8ongress 9(IT&8: by the 82I.
•
&nited Trade &nion 8ongress 9&T&8: by the 82I 95:.
•
0haratiya 5azdoor 'angh 905': by the 0>2.
DEFINITION:
Trade &nions are the groups set$up with the aim of trying to create fairness and 1ob security in a workplace. )(ny combination, whether temporary or permanent, former primarily for the purpose of regulating the relation between workman and workmen or between employers, or for imposing restrictive conditions on the conduct of any trade or business, and includes any federation of two or more trade unions.* 2 FUNCTIONS OF THE TRADE UNION:
The trade unions are organisations of and for the workers and the main functions and ob1ectives of a trade union are summarized below7 1 To safeguard workers against all sorts of exploitation by the employers, by
union leaders and by political parties. 2 To protect workers from the atrocities and unfair practices of the
management. ! To ensure healthy, safe and conducive working conditions, and ade%uate
conditions of work. " To exert pressure for enhancement of rewards associated with the work only
after making a realistic assessment of its practical implications. # To ensure a desirable standard to living by providing various types of social
<. 'ection <9h: of the Trade &nion (ct,
service ! health, housing, educational, recreational, cooperative, etc. and by widening and consolidating the social security measures. $ To guarantee a fair and s%uare deal and social security measures. % To remove the dissatisfaction and redress the grievances and complaints of
workers. & To encourage worker’s participation in the management of industrial
organization and trade union, and to foster labour$management cooperation. ' To make the workers conscious of their rights and duties. 1( To impress upon works the need to exercise restraint in the use of rights and
to enforce them after realistically ascertaining their practical implications. 11 To stress the significance of settling disputes through negotiation, 1oint
consultation and voluntary arbitration. 12 The raise the status of trade union members in the industrial organization
and in the society at large. )RO*LEMS OF TRADE UNIONS:
The following are some of the most important problems of the trade unions in India7 •
5ultiplicity of Trade &nions and Inter$union @ivalry
•
'mall 'ize of &nions.
•
6inancial Weakness.
•
Aeadership Issues.
•
2oliticalisation of the &nions
•
2roblems of @ecognition of Trade &nions
#ut of the above mentioned problems only the )5ultiplicity of Trade &nions and Inter$union @ivalry* is selected as the topic. MULTI)LICITY OF TRADE UNION AND INTER UNION RI+ALRY:
The multiplicity of trade unions is a ma1or problem among the trade unions. These multiple trade unionism is seen mainly because of the political outsiders wanting to establish their unions for their own view of increasing their political influence although in the urban areas. The existence of different conflict " rival organizations, with divergent political view is greatly responsible for inade%uate and unhealthy growth of the movement. Within a single organisation one comes across a number of groups comprising or insiders and outsiders’, new$comers’, and old$timers’, moderates’ and radicals’, and high’ and low caste’ people. This develops small size unions which are not helpful for the workers or employees and creates problems such as7 ! •
@ivalry between the unions
•
Aack of ability among the leaders and members.
•
Aow bargaining power.
•
Aack of funds to help its members.
•
Aack of unity among workers.
India has the largest number of Trade &nions in the world but the rivalry between the unions or the inter$union rivalry is a niggling problem. Inter$union and intra$union rivalry undermines the strength and solidarity of the workers in many ways. (n Inter$union rivalry is mainly because of the multiplicity of unions which ultimately cuts at the very root of unionism, weakens the power of collective bargaining, and reduces the effectiveness of workers in securing their legitimate rights. Therefore, there should be )#ne union in one Industry*.
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2ractically in every important industry, there exists parallel and competing unions, e.g. on the Indian @ailways, there are two parallel 6ederations ! the Indian @ailway 5en’s 6ederation and Indian 3ational 6ederation of @ailway$men. The same case could be seen in the Textile Industry in 0ombay, where there are two unions ! the Kirni Oamgar &nion 9controlled by the 82I: and the @ashtria 5azdoor 'angh 9controlled by the I3T&8:. (s the trade unions are functioning from the plant level, there is room for disagreement within the democratic structure of trade union. Lven the absence of any legal re%uirements in the greater part of the country to recognize any union as the sole bargaining agent is a ma1or factor which generates the wide$spread and a bitter trade union rivalry. This problem may lead to Industrial &nrest, strikes, gheraos etc in the organization. Reasons ,h- E./0o-ees oin Unions:
2rotection, 'ocial pressure, 8ompulsion, 2olitical beliefs, 'olidarity, Tradition, and 8ommunication, ;ealth and safety. CODE OF CONDUCT:
The four central labour organisations 9the I3T&8, the (IT&8, the ;5', and the &T&8: voluntarily adopted an inter union 8ode of 8onduct’ on 5ay < st, /- to observe the following basic principles for the maintenance of harmonious trade union relation. They are7
"
1 Lvery employee in the industry or unit shall have the freedom and right to 1oin a
union of his choice. 3o coercion shall be exercised in this matter.
N. http7""www.slideshare.net"birubiru"management$of$industrial$relations
2 There should be no dual membership of unions. ! There shall be unreserved acceptance of, and respect for the democratic
functioning of trade unions. " There shall be regular and democratic elections of executive bodies. # Ignorance and " or backwardness of workers shall not be exploited by any
organisation. 3o organisation shall make excessive and extravagant demands. $ 8ast, communalism and provincialism shall be avoided by all unions. % There shall be no violence, coercion, intimidation, or personal vilification in inter
union dealings. & (ll 8entral unions shall combat the formation or continuance of company unions. The Souhern Rai03a- Ma4door +s The Rai03a- *oard: #
The concept of recognition came into vogue in the context of formation of multiplicity of trade unions each of them claiming to be representative of the workmen, recognition being given to the union considered to be the most representative. ;aving too many recognized unions would defeat the very ob1ect of recognition. 6or a long time, the ob1ective of one union for one industry has been advocated. CASE LA,S *a0.er La3rie ,or5ers6 Union +s *a0.er La3rie And Co Ld: $
Trade union movement representing the organized labor developed as an ad1unct of political party. The organized Aabour as a vote banks was assiduously wooed by political parties. Lvery political party with aview to controlling vote banks /. Writ (ppeal 3o.B?- of <==< ?. ?N (I@ 4<-, ?N '8@ 9/: BNN
set up its labour wings.
8ombinations and fragmentations of politics parties
had the pernicious effect on trade union. 5ultiplicity of political parties had its spill over in multiplicity of trade unions seeking to in an industrial undertaking or industry, as the of the multiplicity of unions was
case
may
represent workmen be.
The
fall
out
inter$union and intra$union rivalry which
threatened peaceful working of the industrial undertaking or the industry. Lach union, as the unfortunate experience shows, tried to over$reach the rival by making occasionally experience and untenable demands. The emerging situation led to conflict and confrontation disturbing industrial peace and harmony directly affecting production. There7ore8 a need 3as 7e0 ha 3here here are .u0i/0e unions see5in9 o re/resen 3or5.en in an undera5in9 or in an indusr-8 a one/ o7 reo9ni4ed union .us be de;e0o/ed . In fact, even amongst
trade union leaders there was near unanimity that the concept of recognized union as the sole bargaining agent must be developed in the larger interest of industrial peace and
harmony need was felt that where there are multiple unions
seeking to represent workmen in an undertaking or in an industry, a concept of recognised,
union must be developed. 7
In fact even amongst trade union leaders there was near unanimity that the concept of recognised unions the sole bargaining agent must be developed in the larger interest of industrial peace and harmony. National Commission on Labour chaired by late Shri P.. !a"endragadkar, former Chief #ustice of India, after unanimously and wholeheartedly e$pressing itself in favour of the concept of recognised union and it being clothed with powers of
sole
bargaining agent with e$clusive right to represent workmen, addressed itself only to the %uestion of the method of ascertaining which amongst various rival unions must be accorded the status of a recognised union.
&.Standing Labour Committee of the 'nion of India at its ()th Session held in #uly *)&+ addressed itself to the %uestion of recognition of trade union by the employer.
Planting itself rmly in favour of democratic principle, it was agreed that the 'nion -hich represents the largest number of workmen working in the undertaking must ac%uire the status as that would be
in
tune
with
the
concept
of
industrial
democracy.
he ssures arose as to the method of nding out the membership. he Commission had before it two alternative suggestions for ascertaining
the membership /i0 verication of
membership by registers and /ii0 by secret ballot. 1s there was a sharp cleavage of opinion, the Commission left the %uestion of adopting one or the other method in a given case to the proposed
Industrial 2elations Commission which was
recommended to be set up if the recommendations of the Commission were to be accepted. -hat is of importance to us is that everyone was agreed that where there are multiple unions in an industrial undertaking or an industry, the union having the largest membership of the workmen must be clothed with the status of recognised union and conse%uently as the sole bargaining agent. he underlining assumption was that the recognised union represents all the workmen in the industrial undertaking or in the industry.
Politicalisation :
In a democracy, political in3uence of trade unionism cannot be avoided. 4owever in India, the historical development of trade union movement was inseparably intermingled with political movement through liberation struggle. In the initial stages, it helped union to record rapid growth and gain considerable in3uence with the government in power. In the long run, it has become a curse for undoing the very ob"ective of trade unionism the unity among the working class. he disadvantages are dependence on outside leadership who are not committed to the organisation, e$ploitation of trade unions and workers5 strength by political parties8 to meet their political ob"ectives, multiplicity of trade unions because
of the e$istence of multiple
political parties., 1ny spilt in the parental political party 6.Indian#ournalofIndustrial2elationshttp788www."stor.org8discover8*+.(9+&8(&&:&:*;< uid=9&96(>:?uid=(*()?uid=(?uid=&+?uid=;?sid=(**+;:6:(99:*&
automatically spilt the corresponding trade unionism. @$amples are the spilt in communist party of India into CPI and CI' owing allegiance to CPA, interBunion and intraBunion rivalry and disunity among the employees which weaken their bargaining power, e$ploitation of the disunity among the union by employers in their eort to play them, one against other.
Ranipet Greaves Employees Union Vs. The Commissioner Of Lao!r:" -here there are multiple trade unions in a management the %uestion of recognition comes in and the concept of sole bargaining agent is a recognised and
accepted
concept and the trade union which en"oys the ma"ority support would represent the workmen.
Chair.an S*I < Anr +s A0a0ssooriisasaiosna <eorbsan5 o77iers:1(
With growth of industrialization in the country and progress made in the field of trade union activities the necessity for having multiple unions in an industry has been felt very often. Taking note of this position power has been vested in the management to recognize one of the trade unions for the purpose of having
discussions
and
negotiations
in
labour
related
matters.
This arrangement is in recognition of the right of collective bargaining of
workmen"employees in an industry. To avoid arbitrariness, bias and
favoritism in the matter of recognition of a trade union @ules have been framed laying down the procedure for ascertaining which of the trade unions commands support of ma1ority of workmen"employees. 'uch procedure is for the benefit of the workmen"employees as well as the management" employer since collective bargaining with a trade union having the support of ma1ority of workmen will help in maintaining industrial peace and will help smooth functioning of the establishment. Taking note of the possibility of multiple trade unions coming into . W.2.3o.&+K5L3T7 =?"=/"<==<
existence in the industry, provisions have been made in the @ules conceding certain rights to non$recognized unions. Though such non$recognized unions may not have the right to participate in the process of collective bargaining with the management"employer over issues concerning the workmen in general, they have the right to meet and discuss with the employer or any person appointed by him on issues relating to grievances of any individual member regarding his service conditions and to appear on behalf of their members in any domestic or departmental en%uiry held by the employer or before the conciliation officer or labour court or industrial tribunal. In essence, the distinction between the two categories of trade unions is that while the recognized union has the right to participate in the discussions"negotiations regarding general issues affecting all workmen" employees
and settlement if any arrived at as a result of such discussion"negotiations is binding on all workmen"employees, whereas a non$recognized union cannot claim such a right, but it has the right to meet and discuss with the management"employer about the grievances of any individual member relating to his service conditions and to represent an individual member in domestic in%uiry or departmental in%uiry and proceedings before the conciliation officer and ad1udicator. Chair.an8 Sae *an5 O7 India +s A00 Orissa Sae *an5 O77iers: 11
The possibility of multiple trade unions coming into existence in the industry and was of the view that, though such non$ recognized unions may not have the right to participate in the process of collective bargaining with the employer over issues concerning the workmen in general, they had the right to meet and discuss with the employer or any person appointed by him issues relating to individual grievances of employees.
. 8('L 3#.7@eview 2etition 9civil: $< of <==< (ppeal 9civil: BBB4$BBB- of <==<
EFFECT OF )OLITICS IN =MULTI)LICITY OF TRADE UNIONS>:
5#3#2#AI'T #6 T@(+L &3I#3 J. 5&ATI2AL T@(+L &3I#3I'5'
In fact in analysing the labour capital relations in the Indian e$tile Industry 7 # comparative st!$y of #hme$aa$ an$
Coimatore,
Dr.Aan"u Parikh of 'niversity of Chicago
in her doctoral thesis submitted in December *)66 made an interesting comparison between the relative gain and loss between the te$tile workers of 1hmedabad and Coimbatore. -hile 1hmedabad is for sole bargaining agent for e$tile Labour 1ssociation /L10 under the I2 1ct, in Coimbatore, it was found
that there were multiple unions. In this conte$t, in her concluding remarks, she had observed as follows7 EI have e$amined the developments in the two industrial relations regimes since Indian independence in the late *);+s. Interestingly, 1hmadabad5s regime has created a bureaucratiFed, overBinstitutionaliFed unionism with representational monopoly, whereas CoimbatoreGs regime has produced hi%hly politici&e$'
m!ltiple !nionism. CoimbatoreGs unions do not have any other resource than
strikes to gain recognition from employers. here
are no legal provisions which guarantee employer recognition or selection of single bargaining agents.
4owever, since
*)&(, there has been a dierent story. he rank and le in Coimbatore have been successful in pressuring their leadership and have participated in ve ma"or strikes. 1s results of these agitations, the workers in Coimbatore now receive the highest wages in the industry and higher than oHcially sanctioned bonus payments. The ,or5.en +s The )residin9 O77ier:
The Tribunal held that the 5anagement has got power to transfer the workmen from one station to another station. The Tribunal also appreciated the argument of the 5anagement that if small groups of people are allowed to form separate trade unions, it will lead to multiplicity of unions and will hamper the administrative functions of the employers. 12 Nadodi a-ara.an E +s Sae O7 Ta.i0 Nadu: 1!
In this case a person was murdered because of an inter union rivalry for the leader post which was vacant in the Trade &nion. The >udgement of the 8ourt was delivered by +@. (.'.(3+3+ >. Trade union rivalry and fight for leadership,
power and influence in the trade union, claimed the life of 2rathab 8handran on /th of >une 4< at the 'impson 2lant 'embium. Shan.u9a. +s The ?o;ern.en O7 Ta.i0 Nadu 71"
The petitioner union had secured /4.BQ votes and subse%uently, by a Kovernment #rder, it was recognized as a sole bargaining agent, there is no option to the respondents except to deal with the petitionerRs trade union alone and they cannot deal with any minority union. #therwise, it will negate the purpose of recognition granted to the petitioner. Therefore, the respondents calling upon meeting of all trade unions on .-.<= was illegal and that the petitioner union had sent a protest letter. It was contended that in order to avoid multiplicity of trade unions, a
single
ma1ority
union
is
recognised
as
a
sole
bargaining
agent.
(ny attempt by the respondents transport corporations to deal with the other unions would
amount
to
an
unfair
labour
practice
which
is
prohibited
under
Jth 'chedule to the Industrial +isputes (ct.
<. http7""www.indiankanoon.org" B. < '8@ 9<: 4N, < '88 'upl. 9B: ? N. W.2.3o.N
The Mana9e.en O7 TI C-0es o7 India8 A.baur8 Madras +s The )residin9 O77ier: 1#
The instigation of the workman, the workers had indulged in work stoppage. The 5anagement sent a complaint to the +eputy 'uperintendent of 2olice that they had only sought for security to the factory and there was no reference to the conduct of the workman. In the complaint there was a reference to workers and also
it showed that there were three rade unions functioning in the factory and it was because of iner union ri;a0ries, certain incidents had taken place. The
Aabour
8ount
found
though
action
was taken against
- workers,
due to the intervention of the conciliation officer, the en%uiry was held only against workers. TTha.i0.aran +s The Ta.i0 Nadu Ci;i0 Su//0ies Cor/oraion: 1$
The writ petition is filed by the petitioner seeking to challenge an order of suspension dated ..<=. 0y the impugned order of suspension, the petitioner who was working as an (ssistant uality Inspector, was placed under suspension in public interest. The order also stated that the petitioner was responsible for making double payment to the 5ettupalayam (gricultural 8ooperative 'ociety in the purchase of empty gunny sacks . the petitioner being the (ssistant uality Inspector at 5ettupalayam godown was no way responsible. ;e had also stated as to how the said payments could have happened. It was claimed by him that he was @egional Treasurer of the T38'8 Lmployees &nion which is affiliated to the Aabour 2rogressive 6ederation which is the labour wing floated by the +ravida 5unnetra Oazhagam,
*>.-.P.No.*>*+* of (++* and -.P.No.:(+ of (++( *:. -.P.No.(*>99 of (+** and A.P.Nos.* and ( of (+**
the previous ruling party. It is stated that there was an inter$union rivalry between the A26 and the Indian 3ational Trade &nion 8ongress 9I3T&8:. They gave pressure to the second respondent 5anaging +irector and that the 5anaging +irector had ordered placing the petitioner under suspension, besides initiating disciplinary action. 0ut no suspensions were made against the other officers of the administration. It was claimed that those three officers, i.e. (ssistant 5anager O.Kowrimanavalam, +eputy 5anager @.8handran and 5anager 9(dministration: O.Jenugopal belonged to (T2 labour wing
of (I(+5O. The suspension has been made only against the petitioner and two others on ..<=, who were incidentally belonged to same A26 union. Therefore, it was contended that the power of the 5anaging +irector relating to suspension is only confined to the power of review on the need to continue a suspension. 0ut the service regulations do not visualize the 5anaging +irector to decide the issue of suspension. 0y the communication, dated -..<=, the second respondent 5anaging +irector had directed the third respondent 'enior @egional 5anager to place the petitioner under suspension. ;ence it is ultravires. When once the statute prescribed a particular procedure, it has to be followed only by way of procedure and not in any other manner. &sing the suspension selectively and not passing the similar order against the other officers will clearly show there was discrimination. Ta.i0 Nadu Sae Trans/or ;s Sae O7 Ta.i0 Nadu: 1%
S5ultiplicity of political parties had its spill$over in multiplicity of rade unions seeking to represent workmen in an industrial undertaking or industry, as the
case may be. The fallout of the multiplicity of such unions was iner$union and intra$ union ri;a0r- which threatened the peaceful working of the industrial undertaking or
the industry. Lach union, as the unfortunate experience shows, tried to overreach the rival by making occasionally exorbitant and untenable demandsS, interest of the workers should not be lost in the heat of iner$union ri;a0r-. 4. W.2. 3o.<==B- of <== and W.2.3os, /<, 4B-B and N=<-N of <==<
CONCLUSION:
The problem of trade union rivalry is a vexing problem among the trade unions of the country mainly because of the multiplicity of trade unions and also for the view of increasing their political influence mainly in the urban areas of the country. The growth of small sized unions have lessened the strength of the trade unions which have greatly affected the workers as it weakens the power of collective
bargaining, and reduces the effectiveness of workers in securing their legitimate rights. The method of divide and rule’ is seen in the case of trade union in the present day world. SU??ESTIONS:
In regard to the inter$union rivalry, the 3ational 8ommission of Aabour recommended the following suggestions by which the inter union rivalry could be reduced7 i.
0uilding of internal leadership within the unions in order to eliminate party politics and outsiders
ii.
2romotion of collective bargaining through recognition of sole bargaining agents,
iii.
Improving the system of union recognition
iv.
Lncouraging unions security and
v.
Lmpowering the labour courts to settle inter union disputes, if the concerned central organisation is unable to resolve these.
It is regrettable to note that these recommendations have not yet been implemented by the government.
CONTENT
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TRADE UNIONS IN INDIA
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