Union Settlement Discussions: Is There a Required Quorum for Both Sides?

Dear Seniors, when any discussion regarding a settlement with a recognized union arises, is it required to have a minimum number present from both parties (Management & Union) during the discussion of the matter?

Thanks...

Important management representatives and union office bearers who are authorized to negotiate should be present for the meeting. In collective bargaining, ex-parte decisions are not taken, and hence both the representatives should be present in adequate numbers.

Regards,

As such, there is no sacrosanct guideline to be followed. However, it is advisable to invite names of the "negotiation team" from unions, which ideally should be restricted to 2-4 members. From the Management side, we should also form a "team/committee" including representation from operations, maintenance, finance, and HR. No other members than these agreed members should be allowed to participate in the negotiation. Each meeting should be minuted, and all data/information shared should be documented.

Regards,
Shailesh Parikh
Vadodara, Gujarat
[Phone Number Removed For Privacy Reasons]

Settlement Signatories Requirements

For a settlement, the President and Secretary of the union shall be signatories. On the management side, some authorized representatives will be sufficient. If the President and Secretary are unavailable, or in cases where no union exists, five representatives elected by the workmen shall act as representatives of the union and have the authority to sign the settlement.

The rule of thumb is that the number of workmen's representatives (or union representatives) should not be less than the number of management representatives, as applicable in a Works Committee (please refer to the Industrial Disputes Act, 1947, Section 3).

Regards,
Gautam

Conciliation Meeting Attendance for Transferred Office Bearers

A peculiar situation is arising: the office bearers are being transferred by the establishment. The Joint Labour Commissioner has called for a conciliation meeting. Can the transferred worker (Office Bearer) attend the conciliation? Seniors, please verify.

Regards.

Why not? If the management is serious about resolving the dispute, then their release from the present posting can be kept in abeyance until the negotiations are over and an agreement is reached.

Regards,
S. Kumar / MBA (HRM)

I endorse the view that the President and General Secretary of the union are a must. In addition, any members of the executive committee could be present. In my experience, it is better to have a wider representation as the acceptability of the decision increases.

Regards,
KK