Does Changing a Union's Political Affiliation Affect Its Recognition Status? Seeking Senior Insights

Union Election and Recognition Status

CITU has won the union elections and is continuing as the recognized union even after the expiry of its two-year tenure, as new union elections are due. According to Labour Department guidelines, CITU will remain recognized as the union until the next union elections are conducted. Meanwhile, the recognized union, CITU, has changed its political affiliation from CITU to INTUC. However, there has been no change in the original name of the union, i.e., Workers & Staff Union, and the original union registration number is also being maintained.

Due to the change in political affiliation from CITU to INTUC, will the recognized status of the union continue or not? I kindly request seniors to provide their opinions on this matter.

Does your company have union recognition under a specific act like the Maharashtra Trade Unions and Prevention of Unfair Labor Practices Act? In that case, if recognition is obtained, it is in force and binding until a new union establishes itself as the sole bargaining agent.

Yes, subsequent to union elections, the labor department has notified the majority union as the recognized union.

Your post lacks the necessary factual matrix with reference to which the issue must be considered.

1. Is the recognition based on any law, settlement, or judgment of a court?

2. If the recognition is based on any law, does the law contain any section regarding a change of political affiliation after recognition?

3. If the recognition is based on a settlement, what are the clauses in the settlement relating to recognition?

4. How did the Labour Department obtain the authority to conduct the elections you referred to? Is the Labour Department statutorily authorized to conduct the elections? If not, was the conduct of the elections based on the consent of the management and the unions? If so, have all the unions in the establishment consented to the elections? If some of the unions have not consented to the elections, how did the Labour Department overcome the objections of the other unions and conduct the elections?

5. Are the elections based on any directions from a court? If yes, what are the specific directions given by the court?

If you provide the above information, I will be able to give my views.

With regards,

By means of a referendum, you are not recognizing the CITU or INTUC but only the trade union within your establishment in which your employees are members. The recognition does not have any relevance to the political affiliation of the trade unions. Therefore, I feel that if the present trade union takes an affiliation from INTUC, it will not lose the recognition already obtained unless otherwise specifically provided in the terms of settlement.

Regards,
Madhu.T.K

Please confirm whether a new union can be formed in the state of Tamil Nadu, and if so, what role the employer plays in the recognition of the union?

Union Membership Verification Process

The Ministry of Labour first takes the consent of the management and the registered trade unions of the establishment to conduct the union membership verification elections. If consent is given by all parties, along with all the relevant documents such as Bye Laws, TU establishment certificate with name, and annual returns of the last three years, the same is forwarded to the ministry.

Following this, the ministry appoints a returning officer to conduct the union membership verification election. Usually, this is the concerned Regional or Deputy Chief Labour Commissioner. After joint discussions and the conduct of the elections, the returning officer declares the result, and the management gives recognition to the concerned union. The concerned union must be awarded recognition and sign the code of discipline, which is mandatory.

INTUC, CITU, or any other central trade unions are the bodies to which these unions are affiliated.