Preparing a presentation on trade unions and their recognition (manufacturing company)

I have to give a presentation on trade unions and their recognition. I had a few queries; hope someone would be able to help me.

1. Can an employee in a manufacturing company join any union as he wishes?
2. Can he be a member of two unions at a time?
3. Also, suppose this company is ABC and it has a union called ABC Workers Association, which is backed by CITU, for example, then does it mean that the employee has to join both unions.
4. Also, in the above case, CITU has a national recognition, but does the ABC Workers' Association need to register with the government as a trade union, or how does it get formulated?

Please, people, I need the information urgently.

Dear Suman,

Considering the Trade Unions Act, 1926, the reply to your queries is given hereunder:

1. Can an employee in a manufacturing company join any union as he wishes?
Yes.

2. Can he be a member of two unions at a time?
Yes, if he is eligible to become a member of the union in accordance with the constitution of the union. The Trade Unions Act, 1926, nowhere debars dual membership.

3. Also, suppose this company is ABC and it has a union called ABC Workers Association, which is backed by CITU, for example, then does it mean that the employee has to join both unions.
A workman is to join only ABC Workers Association as CITU is not a union for which he is required to take any membership. CITU is a Federation of unions. It is up to the ABC Workers Association whether they want to have the affiliation of CITU or not.

4. Also, in the above case, CITU has national recognition, but does the ABC Workers' Association need to register with the government as a trade union or how does it get formulated?
The trade union is required to apply to the Registrar, Trade Unions for registration of their trade union. The application for registration is to be made to the Registrar, Trade Unions under section 5 of the Act.

An attempt is made to solve your queries as requested by you.

Regards,
R.N.Khola

Also, can you please tell me if it is possible for the ABC workers' association to have office bearers who do not work with ABC Co. but are associated with CITU? Also, what would be the procedure for obtaining affiliation from CITU.

One-third of office bearers may be outsiders. The Constitution of the Trade Union may have provisions for the enrollment of ordinary members. In my opinion, the trade union will make a request with specified fees for affiliation to the CITU. As the union collects monthly contributions from its members, the CITU also charges fees for the renewal of affiliation.

Regards,
R.N.Khola

Shri Khola is right. He meant that any union of either local or national stature has to name and register a separate union for the particular unit or industry to have locus standi for the group of workers in that specific industrial unit.

Hello Sir,
I am working as an HR executive. I just want to know whether it is better to pursue an L.L.B. or a diploma in labor law. What will be beneficial for me? Kindly suggest. My ID is simranjeet.kaur2009@gmail.com.

Dear Simranjeet,

In my view, for HR personnel, it would be better to pursue a diploma in Labour Law.

Regards,
R.N. Khola

Mr. Kohla,

I remember reading a book that mentioned dual membership is not allowed under the Trade Unions Act of 1926. I couldn't recall the name of the book, but I am certain about this topic. Please correct me if I am mistaken.

JAI

Dear JAI,

I may be wrong. Please try to recollect the book for clarification. You are also requested to go through the Trade Unions Act, 1926. If you find any such provision, then revert back for our knowledge's sake. In the meantime, we can also wait for other members to comment.

Regards,

R.N. Khola

An employee in a manufacturing company can join any registered trade union of his choice. You need not accept it or recognize it and treat that union as a representative or sole bargaining agent of the employee unless and until it achieves the majority in the factory. The employee cannot be a member of two unions at one time. In this case, the employees have formed an internal union namely ABC Worker's Union, affiliated with CITU. If the President or General Secretary is chosen from the CITU union, he can participate in negotiations with management as a workers' representative. There should be a provision in the constitution of the internal union that allows it to nominate, select, or elect an outsider as President or General Secretary. The employees do not have any connection with CITU union and need not be its members. The ABC Worker's Union has a separate identity. It is required to get registered with the Registrar of Trade Unions. Only then can it approach the management on behalf of the workers. It has to obtain recognition under the applicable act in the area of the factory. Recognition of CITU is a separate issue and is not concerned with the internal union.

[Login to view] 11-09-2009

As per the Trade Union Act of 1926, a minor can be a member of a union under the following conditions:

"21. Rights of minors to membership of Trade Unions.- Any person who has attained the age of fifteen years may be a member of a registered Trade Union subject to any rules of the Trade Union to the contrary, and may, subject as aforesaid, enjoy all the rights of a member and execute all instruments and give all acquittances necessary to be executed or given under the rules. 2* * * * *

21A. Disqualifications of office-bearers of Trade Unions.
3*[21A. Disqualifications of office-bearers of Trade Unions.- (1) A person shall be disqualified for being chosen as, and for being, a member of the executive or any other office-bearer of a registered Trade Union if-- (i) he has not attained the age of eighteen years, (ii) he has been convicted by a Court in India of any offence involving moral turpitude and sentenced to imprisonment, unless a period of five years has elapsed since his release."

This act was formulated in 1926. Subsequently, many other acts have come into force. If we consider their implications collectively, it raises the question of how a minor can be a member of a union if they are not allowed to work in the industry. Therefore, it appears contradictory for a minor to be a union member.

Regards,
Rosy Atoria

Hi Rosy,

As you mentioned, a minor cannot work in the industry. Can you clarify for me what the definition of a minor is? As far as my knowledge goes, individuals between the ages of 15 to 18 are referred to as "adolescents" under the Factories Act of 1948, and a child is defined as someone below 14 years of age. However, I am unsure where the term "minor" originates from. Please correct me if I am mistaken.

Regarding the Trade Union Act of 1926, it states that a minor can be a member of a union under certain conditions. Any person who is fifteen years or older can be a member of a registered Trade Union, provided the Union's rules allow it. They can enjoy all membership rights and fulfill necessary obligations under the rules.

The Act also outlines disqualifications for office-bearers of Trade Unions. A person under the age of eighteen cannot hold such positions, along with individuals convicted of certain offenses involving moral turpitude unless a specific period has passed since their release.

Considering various subsequent acts, it is evident that minors are restricted from working in the industry. Therefore, it raises a question of how a minor can be a member of a union. It seems contradictory.

Thank you for your insights.

Best regards,
JAI

My understanding is that a minimum service of one year is not required to become a member of a Trade Union. As the Trade Union Act is silent about multiple membership, we can come across the situation of many workers subscribing to more than one Union mainly with a view to not antagonizing TU leaders.

In establishments where subscription to Trade Unions is deducted by the managements by a check-off system, the practice of multiple membership has been largely contained because no management would deduct from any worker's subscription for more than one Union.

Sanu Soman

As per the provisions of the Child Labour (Prohibition and Regulation) Act, 1986, children are those who have not completed 14 years of age. When there is no restriction on employing children who have completed 14 years of age, what is wrong in giving them the right to membership of a union?

The meaning of the term 'minor' is not absolute. It's a legal term that has undergone a semantic metamorphosis over the years depending on the level of socio-cultural development.

Sanu Soman

Dear Kholaji,

Please clarify with regard to the Trade Union (Amendment) Act, 2001 –

Amendment of section 4. Amendment of Section 4.- In section 4 of the Trade Unions Act, 1926 (16 of 1926) (hereinafter referred to as the principal Act), in sub-section (1), the following provisos shall be inserted at the end, namely: 'Provided that no Trade Union of workmen shall be registered unless at least ten per cent or one hundred of the workmen, whichever is less, engaged or employed in the establishment or industry with which it is connected are the members of such Trade Union on the date of making the application for registration: Provided further that no Trade Union of workmen shall be registered unless it has, on the date of making the application, not less than seven persons as its members, who are workmen engaged or employed in the establishment or industry with which it is connected.'

Amendment of section 9. Amendment of Section 9.- After section 9 of the principal Act, the following section shall be inserted, namely: "9A. Minimum requirement about membership of a Trade Union.- A registered Trade Union of workmen shall at all times continue to have not less than ten per cent or one hundred of the workmen, whichever is less, subject to a minimum of seven, engaged or employed in an establishment or industry with which it is connected, as its members."

Amendment of section 10. Amendment of section 10.- In section 10 of the principal Act, after clause (b), the following clause shall be inserted, namely: "(c) if the Registrar is satisfied that a registered Trade Union of workmen ceases to have the requisite number of members."

In view of the above amended provisions, what would be the minimum number of workmen required to sustain/continue a Trade Union in any establishment?

I earnestly request urgent clarification with any relevant case law.

Regards,

Kadalirao

E-mail: kadalirao@gmail.com

You are right in saying so because.

As per The Child Labour (Prohibition and Regulation) Act 2000, "Child" means a child who has not completed sixteen years of age. Child not to be engaged in work: (1) Nobody shall engage in work a child who has not completed fourteen years of age as a labourer. But as per The Minority Act, a minor means who has attained the age of 18 years. So, a child who is 14 or below cannot be a labourer, and therefore, cannot be a member of the union. However, a child after the age of 14 to 16 can be employed as per The Child Labour (Prohibition and Regulation) Act 2000. If we talk about the term minor, we have to consider his age as per the above-given slab.

Regards,
Rosy Atoria

Dear Kadalirao,

You yourself have given the latest amendment of the Trade Union Act, 1926. The above amendment has provided both the situation regarding the registration and thereafter, the conditions of the existence of the union. I am sorry, but I do not have the citation for this issue. I think this type of case rarely comes before the courts.

Regards,

R.N.Khola

Attn Shri R N Khola,

Sir,

I have a doubt regarding the union act. One of the clauses in the Union Act, Section 10 (2) 1, indicates that the union with the highest number of memberships should represent the members for their issues with the management.

My question is, in a situation with multiple unions where a couple of unions have the same strength of union membership, which union will represent the employees? Will both unions be allowed to represent them, or what will be the course of action?

Regards,
R Sudhakar
9962006113

Dear R. Sudhakar,

The Trade Unions Act, 1926 does not have Section 10(2)(1). Section 10 pertains to the Cancellation of registration. The Conciliation Officer under the Industrial Disputes Act, 1947 is not required to consider the maximum number of members in each union. Instead, he should determine which general demand notices filed by the trade unions have the support of the majority of workers. His role is to establish the representative character for resolving disputes or addressing demands. If such a situation arises, let the conciliation officer decide on the matter. Additionally, he should verify whether these demand notices have the backing of a substantial number of workers from the unit against whom they are filed, with proper authority letters. Please refer the matter to the Conciliation Officer in your area.

With Regards,
R.N. Khola

Attn Shri R. N. Khola,

Sir,

I have a query regarding the union act. One of the clauses in the Union Act, Section 10(2)1, states that the union with the highest membership should represent its members on issues with management. In a scenario with multiple unions having equal membership strength, which union will represent the employees? Will both unions be allowed to represent, or what course of action should be taken?

Regards,
R. Sudhakar
9962006113

I have a query. Can any employee who is working in an organization where there is no registered Trade Union join the Federation of Trade Unions like CITU after completing one year of service?

Federations do not directly have workers as their members. They have Unions as members or affiliates. A worker, by his act of becoming a member of a Union affiliated with a Federation, becomes an indirect member of the federation.

In an organization that has no trade Union, the workers, if they so wish, can become members of the General Workers' Union in the area, which could be affiliated with the CITU or any federation. One year of service is not required to become a member of a Union.

Sanu Soman

How to remove a trade union? My management has asked me to find ways to remove the trade unions in the organization. Please help me.

If two unions amalgamated 6 years ago, and now they are in dispute about the merger. The question is about which union should maintain affiliation with the first one. The union that was part of the amalgamation is now separate. Provide a solution to resolve the disputes.