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Masterguna
1

Dear Seniors, I need your kind help. Our organization is a manufacturing unit under cooperative society registered. Recently there was an unfortunate incident that happened in the organization. The day before of incident took place; the accounts department prepared the details for payment of earned leave encashment and submitted to our bank for payment disbursement. But, due to the link failure of the bank server payment could not be processed on that day. On the evening of that day, the president of the workers union questioned to organization's Deputy Manager (Finance) about the nonpayment of EL encashment on that day. The manager told to the union president about the bank link failure condition for nonpayment on that particular day. Also, the manager told him that they keep constant follow-ups with bank officials for the possible payment in next day morning. He agreed and left for the day with assurance of next day payment disbursement.

But, shockingly next day morning, when the manager coming for his regular duty the workers union president along with other members did not allow the manager and other officers of the accounts department to enter in the mill for attending duty. The same question to the manager and other staff by the union president of nonpayment of the EL encashment on yesterday. The same reply delivered by the manager and other staff to the union president. Also, one staff asked him to release him to enter the mill for duty. But, the union president physically forced and pushed that particular officer to outside the gate. The situation became critical when the officer tried to defend himself by equally pushed the union president inside the gate. Here itself, confirming you all that the workers union neither written nor verbally taken any permission from the mill management to do such type of activities on that day morning. When the incident observed by the management and security personals, with everyone helps the fighting between both ended up. The workers union members immediately realize their guilty and to protect themselves they simply blamed to that officer by shouting in front of all other workers that the officer attacked the president of the workers union first. When the union president itself not safe in the organization then what will happen to other ordinary workmen? So, he creates a dramatic situation to everyone and leveled the allegation against the officer and demand management to take a heavy punishment on that officer.

The mill management could have taken immediate administrative action to the protected workman but to maintain a peaceful work atmosphere in the organization, management stop to give any comment at that moment and told everyone that a decision will be taken shortly. But, during the time the worker union members got success to deliver and spread the fault message in the organization. But, management still believes that action can be taken against them as no permission was taken before the incident and also management is not at all liable for payment of EL encashment in any particular day or time. As our mill is fully based on day-to-day production and entire expenses is done from the selling value so, management is always alert to maintain a healthy work atmosphere all the time. If the atmosphere broke, the production reduces abruptly and to come back again in an earlier atmosphere it took a minimum of 10 to 15 days time where the mill bears a heavy financial loss. But, in this incident the officer is not at all responsible for any punishment, management believes it 100%. The mill management tried several discussions with the union to make a compromise/friendship relationship between both of them but they are rigidly demands for officer punishment. If management fulfills their demands then the future atmosphere will be unhealthy and officers - staff will lose hope on management and mill administration.

Please share your valuable suggestion for it. Also, share the legal procedure for union unethical activity and to handle them and to abide them to the mill administration for future stoppage of this type of activities. At present, mill management is ready to work with legal procedure and wants clear clearance on the misconduct and to give punishment who deserve it. A good and healthy message is very much required for mill future administration and peaceful work atmosphere. So, please help me.
With warm Regards.

From India, Delhi
umakanthan53
6016

Dear Masterguna,

The inability of the Management to arrange for the disbursal of leave encashment amount due to server failure is the basic reason for the trouble. It is not clear from the post whether the link was restored immediately in the mean time so as to make disbursement the next day as promised by the Dy.Manager(F) to the Union President and If not, whether any notice was put up on the notice board. If the answer is negative, it is a clear indication of lack of situational management on the part of the Management.

However, the failure of such a timely action on the part of the Management can not justify the counter-action of the workmen on the following day preventing the members of staff from attending their duty. Certainly this would be a serious misconduct on the part of the Union President as well as all the workmen directly involved in it irrespective of their numbers and official status in the union.

The physical altercation that ensued at the entrance of the Mill between the Union President and the particular member of staff is quite unfortunate and could have been avoided had one of them tempered the reflex action. Any way, further course of action depends, in my opinion, on the appropriate choice of the Management between the following two options:

(a) Taking a tough stand on the indisciplined behaviour of the Union President and the workmen involved in the incident of picketing and obstruction if your so-called justifications in your post are true and unbiased. OR

(b) Adopting a damage-control mode by simultaneous disbursement of leave encashment and convincing the Union for leaving the altercation issue jointly to the arbitration of the Chief Executive of the Society or a senior official of the Labour Department and abide by the decision in this regard.

While seeking views on a proper solution to this type of problems, better that the total no of workmen in the industry and existence other unions particularly for staff etc should be mentioned.

From India, Salem
nathrao
3131

I would tend to see the whole incident in a different perspective.
Union president was trying to use this issue to score a point or convey a message to management.
Finance manager was a tool or an object to vent his anger..
One needs to take a strong line in the matter-investigate and punish the guilty.
Management can always be magnanimous after they secure strong evidence against the union leader.
Maintaining good relations is a two way street backed by firm but kind management.

From India, Pune
Masterguna
1

Thank you very much for the reply. As we are also very much aware that if the situation will not be stable then ultimately organisation will suffer badly. But, if they not ready for the peaceful atmosphere then need to think and should try to realize their mistake and also let them think 10 times more in future to do such type of activities. Hence, if the management think to go for legal process then what will be the procedure to go for it. please share your valuable knowledge and thought on it.
Regards.

From India, Delhi
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