Employer Request for Union Member Details: Is It Legal and How Should It Be Handled?

Can an Employer Ask for the List/Details of Union Members?

The employer's request for the list/details of union members raises questions about privacy and legal regulations. In many jurisdictions, labor laws protect the confidentiality of union memberships. Employers must comply with these laws when requesting such information. It is essential to consult the relevant provisions of the labor act to understand the limitations and guidelines regarding the disclosure of union membership details. Employers should proceed with caution and ensure they are adhering to the legal requirements outlined in the applicable legislation.

Employer's Rights to Request Union Membership Details

Under the Trade Union Act, the employer has no right to ask for the list of members. However, when the matter of protected workmen arises, the employer can request the same in order to determine how many workers are to be recognized as protected. There is no such provision in the Industrial Disputes Act which provides for the protection of workmen. However, if there are multiple registered unions, the total number of workmen to be protected (as one percent of the total workmen subject to a minimum of five workmen and a maximum of one hundred workmen) must be divided among the unions in proportion to their membership. Therefore, in order to make this determination, the employer can request the actual membership from both or all unions.

Under the State's Recognition of Trade Unions Act, there may also be provisions concerning the disclosure of the list of members to facilitate the recognition of a particular trade union as the sole bargaining agent, principal bargaining agent, or constituent of the bargaining agent.

Similarly, when a referendum is conducted to decide on the recognition of a trade union, the agency overseeing the referendum (i.e., the appropriate authority of the Labor Department) can request a list of members who are eligible to vote in the referendum.

Regards,
Madhu.T.K

Please advise if the TU members are less than 10% of the total strength of the company, can the TU be recognized/valid.

It is to be interpreted as 10% of the total workers in the establishment or 100 workers, whichever is LESS. If your total number of workers is, say, 1500, the Union should have a minimum membership of 100 workers. If you have only 200 workers, then 20 workers can form a Union. Of these, only seven members should be workers actually employed in your establishment.

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Dear Madhu,

Thank you for your reply. My question is, in our establishment, only 7% of the workforce is part of a Trade Union headed by an outside advocate who is registered under the Advocates Act of 1961. Additionally, the union is affiliated with a registered trade union (INTUC). Should the company provide them with recognition, or should questions be raised against this union with the labor department?

Union Membership and Registration Requirements

In my earlier reply, I had quoted some examples about the number of employees. Even after reading it, you have not provided the number of workers to determine the exact count of workers in the Union. Therefore, I assume that your company employs around 2,000 employees, and out of these, 7% are members of the Union, which would amount to 140 workers in the Union. This number satisfies the requirement for Union registration.

Now, if your company has only 90 employees and 7% of them, which is 6 workers, are Union members, you could argue that the minimum requirement of 7 workers for registration has not been met and hence the registration should be revoked. It is important to note that when determining the minimum number required, only actual workers employed in the establishment should be considered, excluding non-working officials.

Industry-Specific Union Representation

Another possibility is that this Union represents a specific industry in the area, and your employees should have joined that particular union. In such a case, as long as the syndicate union has a sufficient number of workers employed as discussed earlier, the registration of the union should not be challenged. The minimum number of employees required remains the same, focusing on workers truly employed in the 'industry' or the specific area.

Recognition vs. Registration of Unions

Recognition is distinct from registration. Not all registered Unions receive recognition. States like Kerala, Maharashtra, Orissa, and West Bengal have distinct laws for recognizing trade unions, mostly concerning conciliation and settlements.

Dear Madhu,

Thanks for your reply.

In our establishment, presently 65 employees are part of the trade union, as stated above, out of a total staff of 900 employees. Moreover, the Trade Union has not provided any letter regarding the office bearers of the Trade Union to the company to date, since the union was established in 2011. Nor have they filed any returns under the Act with the registrar.

In this case, is this union considered valid or not?

Since 2011, have you not called the Union for any negotiations? All 900 employees are workmen. Have you checked whether they have not filed returns? If so, it is the Labor Department that would take the initiative to cancel the registration of the Union.

Our company is an IT-enabled service provider with a total of 900 employees in various verticals. Only 65 employees from one particular vertical, out of a total of 89 employees, formed a union in 2011 with an outside advocate serving as their Chairman cum President. There have been no negotiations with them since the formation of the union. Every time they seek assistance from the local labor department for negotiations, the company declines, and the matter is escalated to court, which rules against them.

Grounds for Declining to Negotiate

On what grounds do you decline to negotiate? Have you asked for the bylaw of the Union? Have you inquired about membership yet? What was the stance taken by the Labour department? Have you taken up the matter with the department? If so, address it now. You may approach the appropriate authority under the Act, such as the Labour Officer, Assistant Labour Commissioner, or whoever is relevant, to intervene and assert that the Union was established without adhering to the basic requirements outlined in the Trade Union Act. Consequently, the registration granted could be revoked.

Compliance with Labor Laws

Before pursuing that course of action, ensure that you are compliant with labor laws. Verify that your employees are remunerated according to the latest minimum wage notifications, that you have a gratuity fund linked to LIC (if Section 4A has been notified to be applicable by your state government), that you possess contract labor registration if you have outsourced labor, that you adhere to the Payment of Bonus Act for bonus payments, comply with the EPF and MP Act, the ESI Act, have acquired insurance as per the provisions of the Employees Compensation Act, etc.

Footnote

A trade union is a reality and is established wherever the employer has failed to uphold the fundamental provisions of the Acts governing their rights. Therefore, before pinpointing faults in employees or workers, assess whether we are fulfilling our obligations correctly or if there are any shortcomings on our part that we are expected to address in favor of the workers.