Dear Seniors,
Here is interesting case for IR/HR professionals and I request your valuable guidance to deal the matter. Santosh is union leader and working in a MNC company for last 25 years. Several times he had been active participant of workmen wage negotiations agreement as president of the legally registered union. However Management never appreciated Santosh as Union leader and has been on look out for every single opportunity to cow him down especially in past three years when he opted to be out of union activities. He has been very witty and never could be caught doing wrong more so Management did not do it openly till recently as he had been President of employees union on and off during his service till recently.
About three years ago when he was not union office bearer he was issued charge sheet for sleeping charges and domestic enquiry was conducted and proved to be guilty and was coerced to be terminated. As the circumstances were not favoring Santosh gave under taking of not repeating such or similar misconduct including he would not be contesting union election in future and desist from union activities for minimum next two years. Management got this undertaking on Rs. 100 stamp paper and witnesses were then union office bearers as part to this undertaking. Management exhibited a notice informing employees in general about the commitment of Santosh to management and the consequences he would suffer in case of default. The notice continues to be on the notice board for more than two years which is shear harassment to Santosh.
Recently as the two years period expired Santosh contested the union elections and got elected but this time not as a President but as a general member of the union body. Management had sent loud feeler to Santosh not to contest union elections and now to the newly elected panel of not holding the discussions unless they bar the Santosh from their Union panel. New union panel asked Santosh to resign as a union panel member due to managements insistence and this would facilitate co-opt any other member of their choice to complete the union panels minimum number as per bylaws. Santosh explained the union panel he would not resign but would cooperate with them by opting to be not in the union panel as active member. Management being unhappy about this hooked Santosh in small petty matter such as breaking the queue in the employee canteen during the lunch recess and second case of arguing with security for lodging the complaint against him of breaking the queue in the canteen.
Because of coercive tactics and out of sheer power of position the concerned officers and that they are successful in creating a terror to not stand up and support Santosh he is helpless and that his union committee too is not able to extend support out of fear and harassment form the management he is singled out Santosh is being vehemently victimized and not able to take fight with management fearing of a captive punishment. .
Request what lawful remedies are available to Santosh and if really he could be terminated assuming that Santosh so far has tried all other options except falling on the feet’s of the concerned officials or o sot say management. .
Thanking you in anticipation of your valuable advices.
W Narendra
Here is interesting case for IR/HR professionals and I request your valuable guidance to deal the matter. Santosh is union leader and working in a MNC company for last 25 years. Several times he had been active participant of workmen wage negotiations agreement as president of the legally registered union. However Management never appreciated Santosh as Union leader and has been on look out for every single opportunity to cow him down especially in past three years when he opted to be out of union activities. He has been very witty and never could be caught doing wrong more so Management did not do it openly till recently as he had been President of employees union on and off during his service till recently.
About three years ago when he was not union office bearer he was issued charge sheet for sleeping charges and domestic enquiry was conducted and proved to be guilty and was coerced to be terminated. As the circumstances were not favoring Santosh gave under taking of not repeating such or similar misconduct including he would not be contesting union election in future and desist from union activities for minimum next two years. Management got this undertaking on Rs. 100 stamp paper and witnesses were then union office bearers as part to this undertaking. Management exhibited a notice informing employees in general about the commitment of Santosh to management and the consequences he would suffer in case of default. The notice continues to be on the notice board for more than two years which is shear harassment to Santosh.
Recently as the two years period expired Santosh contested the union elections and got elected but this time not as a President but as a general member of the union body. Management had sent loud feeler to Santosh not to contest union elections and now to the newly elected panel of not holding the discussions unless they bar the Santosh from their Union panel. New union panel asked Santosh to resign as a union panel member due to managements insistence and this would facilitate co-opt any other member of their choice to complete the union panels minimum number as per bylaws. Santosh explained the union panel he would not resign but would cooperate with them by opting to be not in the union panel as active member. Management being unhappy about this hooked Santosh in small petty matter such as breaking the queue in the employee canteen during the lunch recess and second case of arguing with security for lodging the complaint against him of breaking the queue in the canteen.
Because of coercive tactics and out of sheer power of position the concerned officers and that they are successful in creating a terror to not stand up and support Santosh he is helpless and that his union committee too is not able to extend support out of fear and harassment form the management he is singled out Santosh is being vehemently victimized and not able to take fight with management fearing of a captive punishment. .
Request what lawful remedies are available to Santosh and if really he could be terminated assuming that Santosh so far has tried all other options except falling on the feet’s of the concerned officials or o sot say management. .
Thanking you in anticipation of your valuable advices.
W Narendra