Are Union Leaders Skipping Work Legally? Plus, Can They Amend Bye-laws Themselves?

Dear Seniors,

I have two queries. My organization is a manufacturing unit and has a Registered Trade Union of regular workers.

Union Leader's Work Responsibilities

(A) Is the Union Leader excused from work in the organization? In our organization, all the office bearers, including the secretary and president of the union, work in the general shift. However, the secretary and president often roam around without doing their allotted work. They are also unwilling to perform their union activities during off-time. Our general shift runs from 6:00 a.m. to 9:00 a.m., 9:30 a.m. to 11:00 a.m., and again from 2:00 p.m. to 5:00 p.m. This schedule allows for a long break from 11:00 a.m. to 2:00 p.m., but they show no interest in conducting union activities during this time. Are there any rules that can be enforced to ensure they fulfill their daily allotted work in the organization?

Amendment of Union Bye-law

(B) It has come to my attention that they (the union president & secretary) have recently amended their bye-law themselves. They have included a provision stating that if they are not re-elected in the upcoming June 2015 elections, they will automatically assume the position of an executive office bearer among the seven active members. Is it permissible for them to amend their bye-law in this manner? I would appreciate your valuable insights on these two queries.

Thank you.

There is no provision for exemption for a union leader. A union leader, who is a worker or operator, has to perform the regular duties allotted to them. During duty time, they are not authorized for any union activity. After duty time, they may engage in union activities, but only after obtaining permission from the employer. Disciplinary action can be taken against any union leader who fails to perform their allotted duties.

Amendments in Bylaws and Election of Union Office Bearers

Amendments in bylaws and the election of union office bearers are their own issues. These matters may change depending on their convenience, for which they will need to obtain the consent of the majority of members.

Regards, SDP

Thank you very much for your valuable suggestion. I got a clear picture after reading your views. Sir, is it mentioned somewhere in the Trade Union Act of 1926 that they are required to perform their allotted duties and can engage in union activities only after duty hours? If this information is available, could you please share the details?

Thanks & Regards.

Once again, thanks to Mr. Patil, sir. If anybody wants to share their views on my above queries, they are very much welcome. I believe it will be quite helpful to the management of any organization that deals with workers' unions in day-to-day business. So, please share your comments.

Thanks & Regards.

Supreme Court Ruling on Employee Attendance

M. Guna - Irrespective of union affiliation, the Supreme Court of India has upheld that employees need to attend to their work. The process is laid out in the Industrial Act.

Regards,

There is no exemption given to office bearers of the union to roam in the factory by leaving their respective working places. The union activities could not be conducted within the premises of the company. They are supposed to convene meetings with their members or workmen who are affiliated with their union outside of the factory as and when they wish to do so.

With regard to the second point, management need not worry about it as it is a purely internal matter of the union. As desired by the union, they can change their bylaws provided they are not inconsistent with the provisions of the Trade Union Act and rules made thereunder. If the union president or secretary leaves their respective place of work, you should counsel them not to do so in a way that could lead to a different view. Generally, in any organization, management will give some relaxations to such persons to maintain cordial relations with the union. This does not mean tolerating insubordination, negligence, or arrogance on the part of these office bearers.

Regards

Your query has been well answered by our learning member, Mr. N.V. Rao. I too am of the same opinion. You can follow the same and need not worry about amending the bylaws of your trade union. Office bearers of the union are not exempted from their regular work and should not devote their time to union activities unless there is an urgent matter, and that too with the permission of the Management.

If your workers or office bearers are violating this, you have the right to initiate disciplinary action against such workers.

Regards,
Adoni Suguresh
Sr. Executive (Pers, Admin & Ind. Rels) Rtd
Labour Laws Consultant

Dear Seniors,

Could you please help me by providing the answer to where in which section and under which law it is mentioned that the Union Office bearers are not exempted from their regular union work during working hours?

Regards,
Nishtha Nidhi