Can Employees Join a Trade Union Without Informing Their Workplace? Let's Discuss

Dear All, I have one doubt: can workmen join a registered trade union? Before joining the trade union, are they required to inform the establishment that they will be joining the registered trade union? Please explain what the role of any establishment is in this process.

Union Membership Disclosure Requirements

There is no requirement, statutory or by practice, that mandates an employee to inform their employer about joining a trade union. However, in certain special circumstances, it may be needed.

For example, if there is an agreement with one union claiming to represent all workmen, and another union objects to the agreement and demands that the benefits of the agreement shall not be provided to its union members, then the management can seek the endorsement of the demand by individual trade union members.

In the event of the checkoff system being implemented (i.e., the management deducting union subscription fees from the salary of the employees), then also the employees can be required to inform the name of the union to which they belong.

Another instance would be when the verification of membership is to be done to determine the bargaining agent.

So, as a general rule, the union affiliation of individual employees need not be disclosed to the management, but in special circumstances, it may be required.

Also, no employer or union can compel any employee to become a member of the union as the membership is voluntary. That doesn't mean a non-member forfeits the rights and privileges that other union members are enjoying.

In addition, you can also go through the discussions in this link: https://www.citehr.com/599533-trade-...more-than.html

Thank you for the valuable information. Can management oppose entering any union into their establishments? This is because the wage agreement needs to be done jointly by management and the workers. I have 11 years of experience in HR, yet none of them have provided clarity on the above question. Generally, without the approval of management, it might not be possible to enter a trade union. Is there a legal procedure to enter any establishments? Please advise on priority.

Regards, Anil Kumar K T

Dear colleague,

Under the Indian Trade Union Act/Rules, any seven workmen can form a union, which is their fundamental right. Any opposition from the management will result in serious legal or social consequences.

Usually, the modus operandi involves a disgruntled group of workers approaching an outsider, a well-known leader, who organizes them by soliciting membership secretly. Then, one fine morning, the management receives the letter of union formation together with a request to deal with matters of collective bargaining.

Of course, some organizations attempt to break the union, whether successfully or unsuccessfully, but with accompanying backlash. A prudent approach is to recognize its presence, develop a cooperative relationship, and resolve issues across the table through bilateral discussions.

Regards, Vinayak Nagarkar HR and Employee Relations Consultant

From your post, your points are:

- Whether a union (representatives/office bearers) can enter the office/other premises.
- In the matter of negotiations & settlement/agreement, with whom the management has to interact.

There are no restrictions as to who can form the union(s). Any group of employees can form a union subject to the conditions stipulated in the act. It could be either with affiliations or can be independent as well, no compulsions. Registration has to be obtained from the ALC of the relevant jurisdiction. These registered formations should obtain recognition from the management and can function independently or in unison on matters for the common benefits of employees and/or take up matters concerning the welfare of employees. In order to avoid confusion, the law permits only one recognized union as the single formation duly elected among all the registered unions for the given period. While doing so, they need to discuss with various officials of the management. Though the management is within their prerogative to discuss only with the elected & recognized union, often it couldn't be restricted only to the elected one for obvious reasons, like political/social and/or with a view to maintain rapport with all formations for future developments. You'll have the right to deny entry of unions to those who are not elected/recognized unions, provided you have every tactic in your armory to tackle the situations wrought in a particular moment. As a shrewd HR moderator, you'll know in the course of your tenure whom to receive warmly and whom to avoid for the moment in a way fitting within your constraints.

With regard to settlement & entering into an agreement on issues deliberate, you are duty-bound to sign the settlement only with the elected/recognized union. Sometimes major issues, long-term settlements such as wages, leave, incentive schemes, bonus rationalization of manpower, welfare measures, etc., would call for the consensus of all registered unions, in which case the agreement can be signed by all the registered unions, and involvement of ALC as a tripartite agreement is a welcome strategy of the management. How you'll bring all the registered unions on one platform is the secret of success of any HR team and the wisdom of management.

I can cite, for example, the labor/IR policies of the TATA group for others to emulate. I have not heard of any TATA establishment (having their presence in almost all sectors, worldwide) stalemated with labor troubles in the modern era, Uno-WB project which ultimately shifted to Gujarat notwithstanding.

Formation of a Trade Union

The formation of a trade union is a fundamental right of workmen as constitutionally available to them, and they don't need to seek consent from the management or employer.

Recognition of a Registered Union

Regarding the recognition of a registered union, it is the discretion of the management/employer as to whom should be recognized. At the same time, you cannot brush aside the demand of a registered union possessing the majority of workmen as members, claiming recognition, as otherwise, it may be an unfair labor practice.

If you have multiple unions claiming recognition and the employer is not satisfied with the real membership strength of such unions, you can seek the help of the Labour Department for conducting a membership verification through a secret poll. The Labour Department officials would organize a secret poll and adjudge and declare the union commanding the majority of membership, and thereupon you can induct that union as a recognized union.

Challenges in a Multiple Union Environment

The check-off system in a multiple union environment poses a lot of problems like dual membership and issues of collective bargaining involving different unions with different ideologies, leading to inter-union rivalries at the cost of management. In this scenario, major issues like wage negotiation become next to impossible, and eventually, such unresolved matters would be seized by Labour Department conciliation officials as an industrial dispute with its pros and cons.

Role of HR in Industrial Relations

The HR should have the diplomacy and ingenuity to interact with so-called union leaders to ensure that the matter is pushed to the Labour Department and find a solution to such a tricky situation. It is better to sail along with all such fancied leaders of the minority union in terms of membership without losing focus on the overall industrial relations and harmony.

Please note that in the pursuit of industrial relations management, pragmatic wisdom and legal approaches should be applied with dexterity to maintain the equilibrium in terms of Human Relationship and Productivity.

Regards, P. Senthilkumar

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