Trade Union Leadership Change Without Election: Is It Legal and How Should Management Respond?

This is with reference to a recognized trade union just after an election. The trade union leader vacated the office and was replaced by his deputy. No fresh election was called.

Q1: Would such a disposition be legal?
Q2: Can management carry on the interaction with this committee?
Q3: The Trade Union Act says nothing about the exigencies of daily functioning; it leaves this to the by-laws of the trade union. Am I right?

Hi,

This is normal if the same is provided as per the registered bylaws of the trade union. The very purpose of appointing a deputy is to handle the responsibilities of the president/chairman of the union in case the latter is indisposed.

The management needs to obtain a proper letter signed by the office bearers, informing of this change, along with a copy of the general body meeting and its resolutions concerning the change in leadership (only if this is the procedure outlined in the bylaws of the union).

Kind regards,
Dayanand L. Guddin