Union Election Delays: How Can We Navigate Extensions During the AGM?

Union Election Process and Challenges

Our registered trade union's term ended on 19.01.2022 (1-year period). To date, the union bearer has not announced the union election. What steps can we take to proceed with the election?

Provision for Extending Elections During AGM

Is there any provision to extend the election while arranging the AGM (Annual General Meeting)? If the total attendance at the AGM is less than the actual strength, is it possible to extend the election date?

Final Steps for Union Election

What is the final way to conduct a union election if the extension is granted through the AGM, where the employee presence does not constitute a majority of the actual strength?

Please guide.

If there are any documents, please share.

State Rules under the Trade Union Act of 1926

Please see the State Rules under the Trade Union Act of 1926. It appears that you are from Gujarat, so please refer to the Gujarat Rules. There is a provision for the Trade Union Registrar to intervene. You must formally bring the issue to the attention of the Trade Union Registrar by filing a complaint about the failure to hold Union elections.

Role of Management in Union Elections

I assume that you are a follower of Trade Unions. If you are from the management side, please refrain from directly involving yourself in the Union election process. The approach to addressing this issue should be discussed with more detailed information.

Dear Colleague, as rightly pointed out by our colleague in the reply, what is important is the deeper, detailed check by you on the Trade Unions Act 1926 and the rules made thereunder. The answer to your specific questions will not be found in the Act and rules but in the bylaws of the Trade Union. Normally, most Union Elections occur once every three years, but this is purely based on how the timespan is defined under the bylaws of the Union. Therefore, please thoroughly read the Trade Union Bylaws to clarify your points.

Thank you.

Management's Role in Union Elections

It is not clear which side you are from. It is better to keep silent if you are from the management side, as suggested by seniors, unless you or management have any particular interest. AGM, etc., are as per the bylaws of the union. As far as the election process is concerned, you may look into the Code of Discipline if the union is affiliated with national unions.