Dear Colleague,
The Basic facts are : There are 2 Unions and One Union is recognized and other is not. You were about to conclude the settlement and the process was on. Suddenly before signing there is a flash strike. How to handle such situation from IR Perspective?
In general, in the IR when LTS process is on such stunt by the Unions are quite common in case of the Union is normally feel weak and if they sign the other union will criticize etc. The ideas agreed would have been debated and when they go out, there will be too many cooks to spoil the Egg Omlet. Yes different corners will give too many ideas and generally some forces will not allow to reach settlement. This happens in most of the LTS process. In our past IR history there were more than 25 to 30 such incidents. Later we learned and applied a different ways and means: We do all working ready, we keep draft ready, share the draft by display in PPT form to all participants etc and we keep all approvals ready in the last but 2 meetings and on the day of concluding the talks we try level best that the room doors are closed and whatever difference we fight, shout, convince and only after signing the settlement we come out of the room. Food everything served inside to all members. Still they escape in some instances and go out and all confusion starts.
When settlement is delayed we should never stop the usual salary as any way we are going to pay the arrears. This will be a big point to take care.
In case of such low confidence leaders, never to for bi-partite and once your talks are nearing completion, then proceed for tripartite before Conciliation Officer for a 12(3). Here as the conciliation process is on, they can not go on strike. Also the other Union which is not recognized will also be called and heard. Once settlement is entered it binds to all workers and unions. In between they can not go for strike and if they do any strike that becomes Illegal.
Now to specifics:
1. What will be our respond to the unions and the workers?
Now send the due notices to the Labour Authority - Conciliation Officer and ask for conciliation as well as prohibiting strike which will be done under the provisions of Industrial Disputes Act 1947
You may also declare Lock- Out to counter such illegal strike if law and order situation is there. If no such law and order situation, then it is suggested not to do this but to go for 8 days wages deduction under Standing Orders provisions (if there is a provision in your standing orders)
2. Do we need to issue a letter to the recognized union?
You may raise a letter to the Union asking them why the Recognition should not be cancelled with due consultation with Registrar of Trade Unions. You may also mention that what they did is UNFAIR LABOUR PRACTICE under the schedule to Industrial Disputes Act 1947. You may inform that hereafter as the trust is breeched, we will go only for 12(3) settlements etc for making them to think that they had done Illegal strike etc when the process was on and about to conclude to reach LTS. Also check your Certified Standing Orders and if there is a clause you may issue notice to workers and to Union stating that the Management is proposed to deduct 8 days wages for the illegal strike and also all the days on which workers were on strike will be marked as Strike and will cone considered for " NO WORK NO PAY " and not salary will be paid for those days as well due disciplinary action will be proceeded for loss of production and for the acts subversive of discipline etc.
3. What will be the role of Labour Officer?
In case of strike you need to intimate the Strike Details using the relevant Forms under IR Rules to the respective Conciliation Officer immediately. Keep mentioning that the strike is illegal in the narration too and mention that no notice given by Union under section 22 etc.
The Conciliation Officer will sent immediate notice for Conciliation and also advise the Workers to Call off the strike immediately. If they continue the strike further, it will become illegal for actions later as per your standing orders. He will call for Conciliation before him where in both the strike matter and the LTS will be taken up for discussion.
4. How can we prove the strike illegal?
The very fact that no notice under section 22 and 23 of the Industrial Disputes Act will be sufficient to prove that the strike is illegal. You may proceed based on Standing Orders of the Establishment and if Management is desire to issue notice to all those who were on illegal strike you may send Show Cause Notice and based on further developments you may proceed for 8 days wage cut or for at least a strong warming depending on IR developments further and your discussions with Trade Unions.
5. we have also a one more union (unrecognized) what will be their role?
In case of Conciliation and in case of 12(3) settlement, they will also be called for Conciliation and they also become party to the discussion despite their recognition status. The settlement entered in the process will bind this Union also.
6. how can we keep under pressure for not resort to illegal strike?
If you need to teach a strong lesson, I recall an incident happed 10 years back is that we gave Show Cause Notice to all 800 plus workmen who went on flash strike and disrupted the production and created a situation of production loss. We proceed under Standing Orders and deducted 8 days wages from their salary as a punishment using the standing orders clause. We also declared that the days of illegal strike is " Break in Service" for all statutory purpose. The documents entered in their Personal file. Once settlement was reached, we asked individual undertaking letter for accepting the settlement terms and also not to indulge in such strike illegally in future if they want the benefit of settlements. Some refused to sign and they were not extended the benefits for about 2 years plus. One by one they melt done and we gave arrears to them later.
what will we be substantial documents we need to prepare for this illgal strike.?
- Copy of Notice Board display
- Copy of Strike Intimation the Management sent to Conciliation Officer ( Labour Officer)
- Copy of Intimation sent to Local Police station
- Copy of Show Cause Notice issued to Workers
- Copy of your detailed letter sent to the Labour Officer
- Copy of your detailed letter sent to the Recognized Union
- Copy of letter sent to Union seeking their explanation as to Why the Recognition of Trade Union shall not be taken up for cancellation before the Registrar of Trade Union
- Attendance Registers of Workers to show that the mass of workers were on strike
- Production Log books
- Reports from Security Personnel of your Unit
All these documents will be of use for you later before Conciliation Officer and Court of Law
But in IR there is no permanent action and depending on mutual discussion, lot of give and take will happen and most of the actions will be dropped if the Management is looking for long term benefits. Some managements are very firm in actions and they never go back from the disciplinary action stand. It all depends on further developments which needs to be handled with lot of patience and win-win approach keeping further and long term focus. All the Best!!!