Sr.executive (per & Adm)
Talent Acquisition Expert
1. There is no any such provision of exemption for Union Leader. Union leader, who is worker/operator has to perform regular duties allotted to them. During duty time they are not authorize for any union activity. After duty time they may perform union activity. that should be after obtaining permission from employer. You can take disciplinary action on any union leader who is not performing his allotted duty.
2. Amendment in by laws & election of union office bearer is their own issue. They may change depending on their own convenience & for which they will have to obtain consent of majority of member.
4th November 2014 From India, Kolhapur
Thank you very much for your valuable suggestion. I got an clear picture after reading your views. Sir, is it somewhere mentioned in Trade Union Act 1926, as they abide to do their allotted duty and can do the union activity after duty time only? If available, please share the path.
Thanks & Regards.
4th November 2014 From India, Delhi
Thanks & Regards.
6th November 2014 From India, Delhi
There is no exemption to given to office bearers of the union to roam in the factory by leaving their respective working places. The union activities could not be conducted within the premises of company. The are supposed to convene meeting with their members or workmen who are affiliated to their union etc at the outside of factory as and when they wish to do so.
With regard to second point concerned, management need not worry about it as it is purely internal matter of union as desired by union they can change their bylaws provided they should not be in consistent with the provisions of Trade union act and rules made there under. if union president or secretary use to leave their respective place of work, you should counsel them not to do so in such way they could not take into different view. Generally, in any organisation, management will give some relaxations to such persons to maintain cordial relations with union. If does not mean to tolerate insubordination or negligence or arrogance on part of these office berarers
6th November 2014 From India, Hyderabad
Your query has been well answered by our learning member Mr. N.V.Rao. I too on the same opinion. You can follow the same and need not to worry for the amendment of bye laws of your trade unions. No office bearers of the union are not exempted from their regular works and devote their time to the union activities unless there is a urgent matter that too with the permission of the Management.
If your workers/office bearers are violating this you have the right to initiate the disciplinary action against such worker.
Sr.Executive (Pers, Admin & Ind.Rels) Rtd
Labour Laws Consultant
14th November 2014 From India, Bidar