How Should Management Handle a New Staff Union in a Kolkata Hospital?

In one of our hospitals in Kolkata, staff formed an association and registered under the Trade Unions Act, 1926, and took affiliation with a local party. There are recognized unions in the said hospital, which comprise Group C and Group D employees (lower and clerical/clinical staff).

Union Recognition and Bargaining Rights
Now, I would like to know whether we are bound to recognize the said union. Do they have bargaining rights? (All are fairly paid and by nature supervising staff).

Management's Stance on Staff Union
Please let me know how we can overcome this situation as top management does not favor any staff union.

Regards,
R K Dixit

In WB, as far as my knowledge goes, and having worked in different organizations for about 34 years approximately, and running my own organizations for more than 12 years, there is no system of recognizing trade unions. If there are registered trade unions, usually management talks to them and signs a memorandum of settlement (MOS) based on the collective bargaining agreement (CBA) of the union.

Supervisory Staff and Bargaining Rights

Now, coming to the situation where supervisory staff, whose job nature includes some managerial aspects (such as sanctioning leave, duty roster allotment, resolving small grievances of workers, etc.), may or may not be considered as bargainable staff. This varies from organization to organization. Whether they have bargaining rights or not is very difficult to explain. In Philips India, I noticed that supervisory staff were considered as bargainable staff, whereas in GKW, they were not. However, the supervisors had representatives to communicate with management without formally forming a union.

Approaches to Union Formation by Supervisory Staff

From what I gather from the post, there must be some reason behind the formation of a union by supervisory staff. This situation can be approached in two ways in my opinion. Management could engage with some of the opinion leaders to understand the reasons for union formation. If the reasons are genuine, resolving them promptly would be advisable.

Another approach could be responding to the labor directorate by stating that the supervisory staff are not bargainable staff, outlining their job nature, activities, etc., and declining negotiations with them. The ultimate objective of management is to run the organization peacefully without any disruptions.

Since none of us have a feel for your organization's culture, providing foolproof suggestions is not possible. It's important to remember that the law may not always resolve issues, especially in industrial relations.

Regards,
S.K. Bandyopadhyay (WB, Howrah)
CEO - USD HR Solutions
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Dear Dixit, This is in continuation of what Mr. Bandyopathyay has observed. The Right to Form an Association The right to form an association is a fundamental right enshrined under Article 19(1)(c) of the Constitution of India. Therefore, no ill feeling or indifference can be entertained by an employer towards the formation of a union by his members of staff. Classification of Employees Under Labor Laws Moreover, the term 'staff' is a misnomer in Labor Jurisprudence. Under Labor Laws, the classification of employees is Apprentice, Workman, Supervisor, and Manager depending on the nature of work performed and the status of employment as well. Salary is not a decisive criterion in this.

A 'Craft Union' (comprising employees with the same skills) is an interest group, and in the context of industrial relations, it is not to be encouraged as they could disturb the equilibrium between different cadres. Since they are a supervisory group, there is no need to bargain with them. Is there any other supervisory group that is being dealt with? In the overall interest of the organization, it appears better to avoid dealing with them. Indulging such partisan groups would encourage other partisan groups, which would be unhealthy.