Is it allowed to have worker union and staff union in one organisation

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!

There is no illegality in forming unions for office staff. Trade union is an association of employees and it is not an association of workers who come under the purview of Industrial Disputes Act. In 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 Industrial Disputes Act or not can be registered as a trade union under Trade Union Act.
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 trade union involves a process in which a referendum will have to be carried out to know which union has majority of members or to find out which is the sole bargaining agent, principal bargaining agent or constituent of bargaining council. All registered trade unions need not get recognition. In a negotiation the employer is under no obligation to call a union which has less than 15% of membership or is not even a constituent of bargaining council.
Madhu T K

Dear Mr. T.K. Madhu,

I agree with you in full. A percentage or minimum quorum is required for the management to accept the union at the negotiating table.