Navigating Trade Union Elections: How Do You Handle Multiple Unions and Their Procedures?

Procedure for Trade Union Elections

Could anyone please let me know the complete procedure for trade union elections (body members), considering various aspects such as internal union, external union, and when there are two different unions?

Regards,
Rajiv Khanna
[Phone Number Removed For Privacy Reasons]

As per my knowledge, the company management does not have to conduct a Trade Union Election. The union has to conduct the election, and the union must inform their representative to inform the company management.

Regards,
Krishna Naik

Some (around 30%) of the workers have to approach the Registrar of TU, C/o Office of Labour Commissioner (local), along with a request letter to hold the elections. This request letter is to be duly signed by all 30% of employees. The registrar will investigate whether the term of the earlier union is over or not. He will then ask the employer to submit a list of all workers employed in the establishment. Upon receipt of the list, the registrar shall depute a labor officer to visit the establishment for inspection. Thereafter, the election program is decided by the election officer, and the employer will be informed accordingly.

As rightly pointed out by Mr. Krishnanaik, the employer does not have to conduct the TU elections. And if he even then initiates the process, it amounts to Unfair Labor Practices.

Regards

The procedure for trade union elections is as follows: The term for each trade union election is 3 years, meaning that every three years, the trade union must conduct elections for new representatives. The tenure of a trade union leader is also 3 years. Once the term expires, the trade union representative should notify the concerned Joint Commissioner of Labour, specifying the date for conducting elections. In the presence of the JCL, a leader will be elected, and an agreement will be made, which will come into force from the date the leader is elected.

If the union election tenure has expired and the existing recognized union is not willing to approach the labor department for a new election, the opposition party approaches the management not to deal with any union representatives since no union has a majority. They ask the union representatives to attend duties as they are currently on relief.

Management's Role in Union Election Processes

Please advise on the management's role for further processes.

Regards,
Srinivas