Labour Law & Hr Consultant
Industrial Relations And Labour Laws
Korgaonkar K A
Educator, Management Consultant & Trainer
Pendency of a dispute for a long period before any Judicial Forum can not be a bar for the disputants to settle the dispute among themselves bilaterally outside.
Why not the management talk to the union and arrive at an amicable settlement of the pending dispute? In stead if the management indulges in a one-to-one settlement with the workmen, there is every justification for the presumption that the management wants to break the union.
What about the conditions of service of those workmen who do not sign such a settlement? In case the no. of non-signatories are more, how will the management implement the settlement - will they have two sets of service conditions for the same class of workmen if the settlement combines the rate of wages with the quantum of work load?
I think the present move of the management is neither correct nor appropriate. It might be successful in the shortrun; but what is the gurantee that the workmen would not join together to thwart such individual settlements on the ground of the same having been obtained by coercion and intimidation? This is certainly an unbecoming strategy of industrial relations belonging to the Colonial Era.
It is equally important that while management requires unlearning of certain despicable acts, the union also needs a lot of learning of the process of effective collective bargaining. For the sake of popularity and personal grudges of the office-bearers, the union should not press for unrealistic demands. No employer can ever satisfy all the needs of his employees.
Both the management and the union of workmen should recognize the fact that a worst bi-lateral settlement arising out of an ideal collective bargaining will, in the long run, be better than the best award coming out of adjudication.
8th January 2017 From India, Salem
2)since last five year in our plant one trade union is functioned and we are applied for recognition to govt of odisha and govt also give permission for recognition when we submit the letter to management ,management is not responding since last one year .and in between management also create a pocket union having a member of less than 30 and our member is more than 180 what should be the action taken against management legally plz suggest me
10th January 2017 From India, Bhubaneswar
Alternatively, you can also file a representation before the Tribunal that the management is doing one to one and is trying to have a self sponsored union which are unfair as per ID Act.
11th January 2017 From India, Kannur
Since last one year ago when the LTS matter was during conciliation near the ALC a small disturbance is created between workers and management due to this issue the union office bearer including general secretary and vice president of union try to solve the issue with management and the matter was solved bilaterally at same time. and union also kept the agreement copy.after the finalisation at about one and half month the management issue 4 member charge sheet cum suspension letter including general secretary and vice president and another 4 member only show cause letter and the inquiry is still continuing and the most important thing is the union office bearer who were suspend ed are protected workmen and management not give permission to enter plant to suspended worker after that when the bilaterally discuss was arrived about LTS out side the plant premise the office bearer can't to talk to the union member properly about LTS meeting and management shows that the suspended workmen was created a riot in plant and also shows that these people are involving in for misbehave lady management staff in that time which are false and baseless bCz we have also the video of matter happened earlier .now the union is demanding to solve both issue but the management clearly indicate that both issue are diffrent both are solved one by one after the complition of enquiry first u solve LTS but now we are feeling that the suspension is now going to terminate now my question is
1) union should final one which is LTS or or wait for both
2)if union final LTS what about the suspended workers feature
3)and what about the recognization the union given by the govt.
12th January 2017 From India, Bhubaneswar
If the management is terminating the workmen, that can be challenged saying that principles of natural justice were denied to them. Naturally, if permission from the Court/ Tribunal where the settlement proceedings are going on has not been obtained before issuing a charge sheet to the protected workers, you can approach the same machinery for assistance saying that the charges are directly connected to the demands.
It can also be an opportunity for the management to win the situation that they will drop the cases against your fellow members and ask you people to sign the settlement at the level which is acceptable to the management only. Therefore, if the union is ready for a settlement, you can put a demand that there should not be any action against them nor they will not be victimised in future.
Recognition will remain in force till the expiry of the period granted. That is even not an issue but what is primary is to make a settlement acceptable to the majority of workers.
12th January 2017 From India, Kannur
12th January 2017 From India, Salem
I am very small to say anything in this matter but want to add my view. As per office bearer his question is absolutely right but when we think as an HR/IR Manager or employer side then i think there is nothing doing wrong by company. because its tactic to deal with union matters then why all HR person are giving suggestion to a union office bearer. it may be an unfair labour practice but nothing wrong. as an Management everything is possible in union handeling. because have union members think about unjustify demands of their with management. they never think so why we put mercy for him.
according to me management is doing very correct. feel sorry if anybody have hearted anybody.
14th January 2017 From India, Rudarpur
There is nothing to be disheartened with any member for his views on a particular issue. In fact, contrary views promote healthy discussions and enrich our knowledge and therefore, your observations are taken in good stead only. However, I am to point out that if you are a bit patient enough to analyse the situation described in the original post and further explained in the follow ups and the responses of Mr.Madhu and myself, you will certainly understand that our suggestions are free from any bias. In industrial disputes, whether it is the management or the union of workmen, the disputants would always project only half truths in their respective versions. Here in this thread the forum has no opportunity to know the version of the management. What we can cull out at best is that there is no cordial relationship between the union and the management right from the very beginning for obvious reasons and it gets sharply reflected in the long pending adjudication and the prop up of a rival union by the management with a simultaneous attempt to effect individual settlements with every workman regarding the issues pending adjudication. So it is clear that both still try to outsmart each other. Now, the pending disciplinary action against the office bearers has become a contentious issue blocking the bilateral negotiations of the long term settlement. If the workmen want to save the union by signing the settlement as insisted by the management, they can not save the charge-sheeted office bearers. If the management drops the disciplinary action for the sake of an out-of- Court settlement with the union, discipline in the industry or prestige of the management would be at stake. Any tactics or strategy, whether adopted by the management or by the union in resolving an issue would be meaningful, appropriate and appreciable only as long as it produces the desired result. Otherwise it would be totally inappropriate, if not wrong for there is no right or wrong in industrial relations. There can not be the so-called "win-win situation" in industrial relations but only a " both-gain- situation" provided both the disputants realise their respective strengths and weaknesses in the interest of all stake-holders of the industry.
14th January 2017 From India, Salem
Firstly I thanks u for ur valuable suggestion .the settlement date was on 13 jan 2017 in industrial tribunaland the management apply for time petition for 7weeks but the judge is refused it and gave only one month time saying that u have already taken 2years so this is ur last time no further time will be given u in future for document preparation if u apply for time petition then I will hearing the case in next date.
Now a incident was happened with me today that due to my involving in union activity the management want to dominate me .by using false alligation against me through my executive .now the management issue me a letter and through this letter management want to sign the one to one settle ment by me
Briefly I describe the charges that the management put in my letter
I am working as operator in department production and supervisor told me that u have to this work and the work is, long stainless steel are unloaded from truck and the supervisor told me that u have to carry this scarp simply I told that this not my duty and I could not doit then simply supervisor told me that so u go to ur working area
Another matter is anew production machinery line was inaugurated on 10 th jan 2017 so I visited with my some other friends to that line with taking permission from safety officer and issuing helmet from him and asking for reflective jacket he replied me that we have no jacket so u should go with helmet then we just entering that area and executive said that without reflective jacket no one is allowed here so leave that place without any hesitation and in my working area no production planning since last 4 month and all are moving with same without no permission so now the management is false ly blaming with this letter not only first time but also regularly harassed me by using diffrent methods so what should I do in this situation plz assist me and if possible plz draft alerted 4 me in reply bcoz sum of the legal word couldn't understand by me so I apply for same in odia as my mother language
15th January 2017 From India, Bhubaneswar
It is in fact a common problems and unpredictably unforeseen situation about wage increase and the most valuable is loss of time when cases are dragging years after years and from Tribunal to High Courts?. That is why people do not go to court because this is a common problems in courts case. Your fellow colleagues have been your strength, is not it? If they are going for 2P settlement , why you do not ? After all, there can be order of reference pending before Tribunal or there could be Management and union settlement which Tribunal can Award but when this will happen is uncertain. This is reason, your colleagues preferred individual settlement. The right strategy , as I personally feel right, will be to support your co-workers and stay together unitedly, get money and forget this matter for all the time.
Remember one more thing-Rule of Democracy -"Majority wins and minority looses".If it is undone right this way now and you loose control and strength both, it is possible that your Management targets you along with few others which is right or wrong but is possible as their next step. In fact we do similar tact and play saying everything is fair in love and war.
RDS Yadav ,
15th January 2017 From India, Delhi
just rethink once again then take your decision. I Think as a Union member its your prime duty to understand the situation between management and company employees.
16th January 2017 From India, Rudarpur
My advise now is to approach the Tribunal immediately and inform the machinery of the unfair things going on in the company. Otherwise, this will end up in a situation that no worker will be happy but the management will win the situation. The next step will be dismissal of each worker who did not sign the good service bond. Management can fabricate charges very easily and dismiss him. What all the workers could do is to approach the labour court. By the time the verdict comes, it would be time for retirement and the ultimate loser will be the workers and knowing this fact many abstain from filing suites against management. But using such situation is unfair.
16th January 2017 From India, Kannur
Since 16th Jan 2017 onwards this thread is not active.
You have been given good inputs by Umakanthan ji and Madhu ji on the basis of your posts, in my view. Madhu ji rightly advised you to approach the Tribunal immediately and inform the machinery of the unfair things going on in the company.
It seems to me that you are having internal union and there is no affiliation with any one. You should hire a services of some one expert from industrial relations domain from your vicinity to guide you on various aspects including how make counter attacks on management steps with drafting letters. You need to built up various evidences of management unfair practices.
Wish you all the best.
27th January 2017 From India, Mumbai