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In one of our hospitals in Kolkata Staff formed an Association and registered thereof under the Trade Unions Act,1926, and took affiliation with a local party.
There are recognized unions in the said Hospital, who comprise Group C and Group D Employees (lower and clerical/ clinical staff)

Now I would like to know whether we are bound to recognize the said union?

Do they have bargaining rights? ( all are fairly paid and by nature supervising staff )

Please let me know how we can overcome this situation as top management do not like any staff union
R K Dixit

From India, New Delhi

In WB so far my knowledge goes and working in different organization for about 34 years appx and running my own organizations more than 12 years, there is no system of recognizing Trade unions. If there is a registered Trade Union(s) , usually management is talking to them and signing MOS on the basis of COD of the Union(s).

Now come to the situation where Supervisory Staff whose nature of job some portion managerial ( may be sanction of leave, duty roaster allotment , resolve small grievances of worker etc.) may or may not be bargainable staff. It varies from organization to organization. Whether they have bargaining rights or not- is very difficult to explain. At Philips India I have noticed Supervisory staff were bargainable staff where as in GKW they were not. But the Supervisors had representatives to talk to management without forming any union.

What I can understand reading the post that there must be some reason behind formation of Union by Supervisory Staff.

It may be tackled in two ways to my opinion. The management may talk to some of the opinion leader to get a feel for formation of union. If the reason is genuine, please resolve it immediately and close the chapter.

The another method may be your reply to labour directorate that they are not bargainable staff stating their nature of job, activities etc. and do not negotiate with them.

Ultimate objective of the management is to run the organization peacefully without any hassles.

As non of us have any feel of your organization culture, it is not possible for us to provide any full proof suggestion. Law can not always resolve the issues especially in IR- please keep it in mind.

S K Bandyopadhyay ( WB, Howrah)
CEO-USD HR Solutions
+91 98310 81531

USD HR Solutions – To Strive towards excellence with effort and integrity

From India, New Delhi

Dear Dixit,

This is in continuation of what Mr.Bandyopathyay has observed.

The right to form association is a fundamental right enshrined under Article 19(1)(c) of the Constitution of India. Therefore, no illfeeling or indifference can be entertained by an employer towards the formation of a union by his members of staff.

Moreover, the term ' staff ' is a misnomer in Labor Jurisprudence. Under Labor Laws, the classification of employees is Apprentice, workman, Supervisor and Manager depending on the nature of work performed and status of employment as well. Salary is not a decisive criterion in this.

From India, Salem

This is a 'Craft Union' (comprising employees with the same skills) is an interest group and in IR concept is not to be encouraged as they would disturb the equilibrium between the different cadres. Since they are a supervisory group, there is no need to bargain with them. Is there any other supervisory group that is being dealt? In the overall interest of the organisation it appears better to avoid dealing with them. Indulging such partisan groups would encourage such other partisan groups and it would be unhealthy.
From India, Mumbai
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