Supervisor Unionization Dilemma: How Should We Handle the Labor Officer's Request?

Seeking Input on Supervisor Unionization

Our organization had a few employees categorized as "Supervisors" who later formed a Trade Union. We advised them that, being supervisors, they cannot be termed as workmen. At a later point, they agreed to sign a settlement under the workmen category. Therefore, an 18(1) was signed for them, designating them as Technicians.

When this settlement was signed, they were affiliated with a union, and now they are attempting to register with the labor officer by stating that they are a Staff union. To provide evidence, they submitted the appointment order, which indicates they were Supervisors.

The labor officer has requested the Union to obtain a bonafide letter from the management stating their current designation.

Is there any problem with this? Please suggest.

Regards

Understanding the Role of Supervisors in Trade Unions

Our organization had a few employees categorized as "Supervisors" who later formed a Trade Union. We advised them that being supervisors, they cannot be termed as workmen.

Do their job roles also involve supervisory duties, or are they more aligned with workmen roles? Do they have the authority to approve leaves for fellow workmen, assign duties, etc.? If so, they would be considered supervisors under the law. Otherwise, merely being designated as a supervisor does not classify them as such, and they cannot be excluded from the ID Act.

At a later point, they agreed to sign a settlement under the workmen category, and thus, an 18(1) was signed for them, designating them as Technicians.

Implications of Signing the 18(1) Settlement

If their job nature is supervisory, how can they sign the 18(1) settlement under the ID Act? Supervisors cannot come under the purview of the ID Act, correct?

When this settlement was signed, they were part of an affiliated union, and now they are trying to register with the labor officer, claiming they are a Staff union. For evidence, they provided the appointment order stating they were Supervisors.

The labor officer has asked the Union to obtain a bonafide letter from the management with their current designation.

Seeking Legal Guidance

Is there any problem with this? Please suggest. I do not understand the confusion here! It seems you might not have a competent legal advisor to guide you properly. Consult a good labor law practitioner for advice to resolve this issue. We may not be able to provide perfect advice on this forum. A full history review is necessary.

Workmen can form a trade union. Allowing only one trade union to be registered in your establishment is advisable. More than one trade union could create significant issues in the plant. The majority of the workmen can join and form a union.

Regards

Formation of Trade Unions by Supervisors

There is nothing illegal in forming a trade union of supervisors or officers. Section 2(g) of the Trade Union Act, 1926 defines workmen as "all persons employed," and as such, there is no bar on officers, supervisors, or even managers forming a trade union. The only requirement is that a union should have a common objective, and the objective of the union formed by the officers should be for their benefits. Such a union will not be negotiating with the management for the demands put forward by the workers.

In the case of Government Tool Room and Training Centres Supervisory and Officers’ Association, Bangalore Vs Asst. Labour Commissioner & Deputy Registrar of Trade Unions, Bangalore [(2002) 2 LLJ 339 (Kar)], it was held that any group of employees, irrespective of whether they are 'workmen' under the Industrial Disputes Act or not, can be registered as a trade union under the Trade Union Act.

Regards,
Madhu.T.K

Dear Sir,

If you issue such a letter and later on there is any dispute wherein you have to take a stand that the concerned supervisor is not a workman under the Industrial Disputes Act, then this may go against you since you yourself have been admitting that he is a workman. If he is doing supervisory duties, then such a letter should not be issued.

Responding to Labour Department Queries

In my opinion, we should respond to each query from the Labour Department. If you do not reply, the officer will make a decision based on the records available, and tomorrow you cannot object to it. Each letter from the Labour Officer is an opportunity for the employer to defend their views. Therefore, you should reply. Nothing will happen if you say that they are supervisors or persons having supervisory authority. By giving such a reply, you are in no way inviting troubles in the future.

Regards, Madhu.T.K

Registration of a Trade Union

Registration of a trade union under the Trade Unions Act, 1926, is the duty of the Registrar of Trade Unions, and the employer has no role in it. Perhaps, with reference to the name clause of the Supervisors' union proposed to be registered, the Registrar might have asked for such a letter to verify whether the signatories to the application are supervisors actually employed in your industry. If you are willing, provide it based on the request of the union; otherwise, wait until you receive an official letter from the officer concerned and reply to him directly.

Regarding the issues connected with this thread, I fully endorse all the views of Mr. Madhu.

Regards

What Madhu has said is correct. I would like to add the following:

Are the supervisors who are designated actually performing supervisory work? Will the organization be able to establish this? If this is true, then they will not be able to seek redressal of their industrial dispute as the Industrial Disputes Act will not be applicable to them.

Prior to forming a union, they were designated as supervisors. After forming a union, the wage settlement was signed designating them as technicians (workmen). Now, they are establishing themselves as supervisors to the government bodies. However, their salary slip and wage settlement clearly state that they are technicians. So far, I have not received an official letter from the labor officer regarding this.

Trade Union Registration Concerns

So what, dear Abhinav? It is the responsibility of the Registrar of Trade Unions to determine whether the name of the Union accurately reflects the class of workmen likely to be its members, as mentioned in its bylaws. Additionally, any deviation from this could be a sufficient reason for rejecting registration on the grounds of misrepresentation of fact.

I think you refuse to take the cue from the second paragraph of Madhu's first reply because it is your considered opinion and strong expectation that Supervisors are not workmen. As such, the union should not be registered at all. You, as the management, have definitely no say in such a matter.