Union Election Dispute: How Should Management Handle Bargaining Rights Amid Legal Challenges?

After the union election, three aggrieved employees of the same union informed the management that the said election has been challenged in civil court. They also informed us that due to the internal dispute, the names of the newly elected members have not been entered in the form B.

In this situation, it has become difficult for the management to hold any discussion on any matter with the newly elected members, as the validity of such discussions held with any of the parties may be affected after the judgment of the court.

In view of the above circumstances, please let us know the representative character and bargaining rights of the contending union or any alternative suggestions for a smooth industrial relation environment.

Regards,
R.K. Dixit

Due to an intra-union dispute pending before the Civil Court, has the management received any interim direction from the court regarding the representative character of any group of the disputants so far?

No, still no order has been passed by the civil court. The President of the union and the Election Officer have filed a reply in the civil court, whereas the Commissioner of Labour did not file any reply. In the meantime, the existing union has increased the union subscription from Rs. 5/- to Rs. 15/- without placing the matter in the General Body meeting and without taking the consent of the majority of the union members.

The union has called for a General Body meeting on the said subject, and only 10 to 15 workers have attended. They have given their consent for the subscription increase. The existing union has removed names from the voter list, claiming that those individuals are unwilling to pay the increased subscription, even though they were willing to pay the old rate. However, the existing union did not accept the subscription at the old rate.

The opposition group, consisting of 36 members, held a separate General Body meeting on the election day, dissolved the union, and formed an ad-hoc committee using the same letterhead of the union. Both parties are now claiming to be the genuine union.

Under the above circumstances, can the management recognize the majority group?