Understanding Trade Unions: What's the Difference Between Registered and Recognised?

Hi Abhishek,

I am confused about the difference between a Registered Trade Union and a Recognised Trade Union. Can anybody clarify things for me? Waiting for a reply.

Thank you.

Hi,

It is as follows:

1) Every union, to function legally, has to be registered under the Trade Unions Act of 1926.

2) In some states (such as Maharashtra), there is a law for the grant of recognition to a desiring union (which must be registered under the Trade Unions Act of 1926 regardless). In Maharashtra, the law is the "Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act of 1970 (or is it '72?)". If a union fulfills the conditions stipulated under that act, it may be granted the status of a "Sole Bargaining Agent" for a given establishment.

Recognition and registration are therefore conceptually and fundamentally mutually exclusive. However, recognition may be granted to a majority union by the management. Recognition may also be granted by law to a qualified union, independent of the management's wishes and desires.

In industrial relations and collective bargaining, the question of who to deal with often assumes great significance. In such cases, a recognized union has an edge over a simply registered union. For example, in the same establishment, there may be a multiplicity of "registered trade unions" (which is possible!), but there can only be one recognized trade union.

While registration is a basic matter, recognition is significant from the point of view of the stability of industrial relations and peace in the industry.

At this stage, I hope this distinction serves your purpose. There are other matters connected with the issue of recognition, such as rights and obligations of recognition, etc., but more about that later if needed.

Regards,

Samvedan

January 18, 2007

Dear all,

Further to what Samvedan has stated, suppose there is a recognized union and a simply registered union. Then, issues concerning only one individual can be settled with the simply registered union, but issues concerning a group of workmen can only be settled with the recognized union.

KKT

As the company is registered under the Companies Act, 1956, similarly, trade unions are registered under the Trade Unions Act, 1926, with the Registrar of Trade Unions. However, as there may be several trade unions in an organization and they may not be registered. The trade union which the management selects for worker representation is said to be recognized. The recognized trade union does not enjoy the benefits and powers as enjoyed by the registered trade unions. I hope it might have brought some clarity.

Regards,
Kumar Manoj

I am not able to find out if a trade union needs to be a registered trade union to be recognized. Can you please help me with this?

According to Section 28D, a labor court can recognize only a registered trade union. But what if it has to be recognized by the employer?

Hi,

I am sorry, I am not sure if I have understood your question/confusion clearly. I think I have, and based on that understanding, I am replying.

1) It is true that to be recognized under law, a union has to be registered. Registration lends authenticity of existence to the union only after which the question of recognition can arise.

2) If, however, an employer has recognized an unregistered union, while it is the employer's mistake to do so, such an act on the part of an employer is not binding for the law to also grant recognition to an unregistered union.

Conceptually, a union is a representative body of workmen in an undertaking. It deals with the employer to protect and further the interests of the members. It obtained legitimacy of existence by first getting registered under the Trade Unions Act 1926 and then seeks recognition as a "Sole Bargaining Agent" under an appropriate law. This helps the industry as, in a multiple trade union situation, the recognition clearly spells out who to deal with and who can make commitments on behalf of employees that are binding under the law.

I suppose this will clarify the issue and remove doubts, if any.

Regards,

Samvedan

March 26, 2008

Hi Friends,

Can I please have views on the following:

In a company, there was one Union A, registered and recognized, with whom an LTS was arrived at. Over time, another Union B was registered under the Act and also recognized by the Company, and a settlement was reached, although they may not constitute a full majority. Now, it is time for the next LTS. The company, for practical reasons, now prefers to deal again with A. Will dealing with A and arriving at an LTS with A lead to a derecognition of B and render the previous agreement with B null and void?

Views would be appreciated.

Thanks and regards,
Sanjib.

Hello everyone,

I have a few doubts about the Trade Union Acts. We have a registered trade union, but it is not recognized. Do we have the power to talk with management if one of our members faces a problem with management?