Can a Staff Union Coexist with a Worker Union in One Organization? Seeking Legal Insights

Dear Sir,

Is it allowed to have a worker union and staff union in one organization by law? Is it possible for the staff union to gain recognition from the employer while there is an established worker union? If yes, then what is the procedure to obtain recognition for a registered staff union? Please advise.

Dear Amit,

The answer is yes, they can be registered. A minimum of seven employees can form a union by giving their consent and details to the Labour Commissioner's office for registration. The Labour Commissioner's office will verify the information and provide the recognition/registration number.

Thanks, sir. My query is: Is it possible for a staff union to get recognition from the employer when the employer has already given recognition to the worker union?

Employer giving recognition does not come into the picture as the staff have a right to form a union and negotiate their issues. And worker union is different from a staff union, right!!

Management can only drag the issue on this pretext for some days if it wants.

In Maharashtra, only one union can be recognized at a time.

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Thank you!

Formation of Unions for Office Staff

There is no illegality in forming unions for office staff. A trade union is an association of employees and is not limited to workers under the purview of the Industrial Disputes Act. 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.

Registration vs. Recognition of Trade Unions

Now, the term registration is different from recognition. The latter, by law, is available only in some states like Kerala, Maharashtra, West Bengal, Orissa, etc. Recognition of a trade union involves a process in which a referendum must be carried out to determine which union has the majority of members or to identify the sole bargaining agent, principal bargaining agent, or constituent of the bargaining council. Not all registered trade unions receive recognition. In negotiations, the employer is under no obligation to engage with a union that has less than 15% of membership or is not even a constituent of the bargaining council.

Regards, Madhu T K