Can a Union Legally Stop a Pharma Manager from Fieldwork? What Steps to Take?

Kindly suggest, does FMRA have the legal right to prevent a manager from joint fieldwork? What steps should be taken if this happens? This information will be very useful for a pharmaceutical company that stands against militant unions.

Legal Rights and Strikes

The striking workers have no right to prevent others who are not participating in the strike from working. In All India Bank Employees Association Vs National Tribunal [1961(2) LLJ 385 SC], the court has said that the right to strike is not a fundamental right, though it can be justified if it is for any genuine objective. The workers have the right to resort to a strike whenever they are pleased in order to express their grievances or to make certain demands [Gwalior Rayons Silk Mrg (Weaving) Co. Ltd Vs District Collector - 1982 Lab. I.C. 367 Ker].

At the same time, when it is extended beyond the boundaries of the company, the management has every right to get police protection. Therefore, the act of trade union members obstructing the duty of managers will be illegal, and the Police can take it as a law and order issue.

Regards,
Madhu.T.K

Legal Rights and Fieldwork Management

First and foremost, FMRAI can't legally back the work of a frontline manager, but they have been practicing it as part of their demonstration to support their fellow comrades! The situation can be managed if we have our own MR who is cooperative with us, and he would generally ensure smooth field working.

The second option could be getting a court order seeking protection from the police station. Now you can go to the police station in that area where you will be working and take an escort.

Regards,
Ram

It is a good discussion. Provisions available under Standing Orders and also IPC include obstruction and prevention from work. This is a serious act, and management can resort to suitable action.

Regards,
Ram K. Navaratna

Management can, you are right. But who will feel the brunt in the field? The poor manager! Who will come to his rescue if things take an ugly shape in the field? At least these will not come: higher management and police. Court comes at the extreme last, where too these two will not support you. A harassed poor manager with an empty stomach would better search for another job to feed his family than fight a long legal battle alone.

Please do not miss and forget this ground reality.

A union, regardless of the industry it relates to, does not have the right to stop a willing worker from going to work, let alone an officer. The management can seek legal remedies available in this regard.

Regards,
S.K. Johri

I really appreciate the prompt and steady response. The common opinion is that no union can prevent a manager from doing his job. Let me outline the steps we have taken; kindly review them and suggest further changes:

a) Prevented manager recorded threatening phone calls.

b) Filed a police complaint.

c) Filed a writ petition at the High Court division bench based on the above.

d) Obtained police protection.

e) Undertook FMRA at court.

f) The court order indicated an "apprehension," allowing the petitioner to approach the police if needed.

Now, the situation has evolved. The FMRA has been highly antagonized by these steps. They attempted to prevent higher managers (Zonal) from fieldwork, and the company's own unionized people support this. We aim to respond aggressively, with no compromise with the union. Please suggest a step-by-step script for action.

It is crucial because any work prevention by the union involves our own MR. Therefore, a well-scripted action module is required. Kindly provide suggestions.

I do not know at what position you are in this organization. I also do not know if the organization has any genuine grievances of employees pending.

Presuming that it's a holy organization and union demands are ingenuine and illogical. In this case too, the company will support the Manager to file an FIR, a case once. Knowing how our system works (police, courts, labor officers...), the Manager will need to seek help from the police seeking security, file more FIRs, which is an uphill task. To motivate law enforcement agencies to work impartially for you, they need a motivating dose each time and every time. The law is blind; it takes time and long-drawn efforts to make it see the truth. By this time, the poor manager will be harassed enough as due to these, he will not be able to do justice with his main job. No commercial organization will support this futile battle for long. The Manager will slowly become prey not only to the union but also to the organization, as any commercial organization will remove such obstacles and compromise to avoid losing its commercial/monetary gains.

Also, when you say our own man involved with miscreants of the union, I think it's a highly irresponsible and demeaning comment about your own people. I think such an environment and inside feedback will further give them a feeling of insecurity and push them to be on the wrong side.

Instead, the organization should empathize with its own people. It must do introspection on what is breeding dissatisfaction and loss of faith in its system. Take corrective measures, create a positive environment, and instill a sense of confidence in its people. This will help bring a positive change in your situation. This will require patience, true commitment from management not in words but in actions. Mostly organizations falter here. The values that they preach and expect from employees they themselves do not practice. Employees clearly decipher this deception, and then a situation like yours starts.