Union Majority Claim: How Should Management Respond and What Are Your Next Steps?

Dear Seniors,

Help Needed.

In my company, we have received a letter from a union stating that they have the majority, and thus these are the people we are protected to work with and also demanding a charter. What should I do now? What should be management's stance? Also, please provide any other information I need to know to reject this.

Regards

Hi,

Please talk with the Union team and schedule a meeting with Management to understand their perspectives and issues. Please do not perceive these Unions as being in opposition to Management. It is a way to gain insight into the organization's culture and situation.

I hope this approach will yield positive results.

Cheers,
Pawan Krishna Reddy C.

Hi Shakila,

In my company, we have received a letter from a union stating that they have the majority and thus these are the people we are protected to work with and also the demand for chatter. What should I do now? What should be the management's stand? Also, please provide any other information I need to know to reject this.

Hey, don't panic! It is a natural process for a group of people, especially workers, to come together to form a union. Frankly, this demand may have come as a result of actions displayed by your company in the past. Just do a reality check.

What is more important, as elaborated by Pawan, is to have a meeting and take stock of the situation. By the way, having a union helps - it helps to control costs, especially wages, as you deal with a union on compensation as a whole rather than with the group of people on an individual basis. Let us know the facts before we advise further.

Best regards,
Rajat

Hi,

1. Ascertain whether the union has been registered.

2. No trade union of workmen shall be registered unless at least 10% or 100 of the workmen, whichever is less, are engaged or employed in the establishment or industry. For registration purposes, a minimum of 7 workmen is required.

3. The burden of proof lies with the union to prove that they have the majority of the employees in their union.

4. They should accept and adhere to the code of conduct.

5. If you are satisfied with the union's statement on the majority, then you can very well recognize them so that you can have negotiations with them. Because you cannot sign an agreement with the minority union.

6. If you have more than one union, the unions should prove the majority and never have any discussions with the minority union (if you have more than one). If you do so, the majority union will raise a dispute and make your negotiation null and void. And you will be caught between the two unions.

7. Of course, the protected workmen are contemplated in section 33. It says protected workmen in relation to any establishment means a workman who, being a member of the executive or other office bearer of a registered union connected with the establishment, is recognized. The number of workmen to be recognized as protected workmen for the purposes of subsection (3) of section 33 shall be one percent of the total number of workmen employed therein, subject to a minimum of 5 protected workmen and a maximum of 100 protected workmen.

8. You cannot reject the letter issued by the union since their approach is as per statute. If you do so, it will be in violation under the FIFTH SCHEDULE of the ID act.

9. Please do remember that a Union is a necessary evil.

Regards,

Michael Nicholas.