Madhu.T.K
Industrial Relations And Labour Laws
Atuwadekar
Executive Warehouse

Thread Started by #Atuwadekar

Dear Sir
Is it allowed to have worker union and staff union in one organisation by the law? Is it possible for staff union to get recognition from employer while there is established worker union ? If yes then what is the procedure to get recognition for registered staff union .Pls advice...
27th October 2017 From India, Pune
Dear Amit,
Answer is yes they can be registered.
A minimum of seven employees can form a union by giving their consent and detail to Labour Commissioner's office for getting the registration.
The Labour Commissioner's office shall verify and give the recognition/registration number.
27th October 2017 From India, Hyderabad
Thanks sir....My query is Is it possible for staff union to get recognition from employer while employer already gvn recognition to worker union ?
27th October 2017 From India, Pune
Employer giving recognition does not come into picture as the staff have a right to form a union and negotiate their issues.
And worker union is different from staff union right!!
Management can only drag the issue on this pretext for some days, if it wants.
27th October 2017 From India, Hyderabad
In Maharashtra only one union can be recognized at a time.
27th October 2017 From India, Pune
There is no illegality in forming unions for office staff. Trade union is an association of employees and it is not an association of workers who come under the purview of Industrial Disputes Act. In Government Tool Room and Training Centres Supervisory and Officers’ Association, Bangalore Vs Asst. Labour Commissioner & Deputy Registrar of Trade Unions, Bangalore [(2002) 2 LLJ 339 (Kar)], it was held that any group of employees irrespective of whether they are ‘workmen’ under Industrial Disputes Act or not can be registered as a trade union under Trade Union Act.
Now, the term registration is different from recognition. The latter by law is available only in some states, like Kerala, Maharashtra, West Bengal, Orissa etc. Recognition of trade union involves a process in which a referendum will have to be carried out to know which union has majority of members or to find out which is the sole bargaining agent, principal bargaining agent or constituent of bargaining council. All registered trade unions need not get recognition. In a negotiation the employer is under no obligation to call a union which has less than 15% of membership or is not even a constituent of bargaining council.
Madhu T K
28th October 2017 From India, Kannur
Dear Mr.T.K.Madhu,
Agree with you in full. Percentage or minimum quorum is required for the Management to accept the Union at negotiating table.
28th October 2017 From India, Hyderabad
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