How to Challenge a Supervisors' Union and Handle Their Demands During Conciliation?

Dear Colleagues:

Challenging the Formation of a Supervisors' Union

1) If supervisors have formed a union, what can be good grounds to challenge it? I am seeking the views of experts on what can be grounds to challenge the formation/registration of a union of supervisors.

Dealing with a COD from the Supervisors' Union

2) If the supervisors have given a COD after the formation of the union, how should we deal with it? What should be our strategy during conciliation if called for?

Kindly suggest.

Your queries are answered below:

1. Formation of a Union by Supervisors

Supervisors can form a union and get it registered as per the Trade Union Act of 1926. The Act permits even employers to register themselves as a trade union. There is no embargo on supervisors or executives forming a union. However, they will not have the protection of the Industrial Disputes Act of 1947, which is strictly applicable only to workmen (such as Protected Workman or statutory necessity of notice of change, unfair labor practices, etc.).

2. Clarification on COD and Union Jurisdiction

The query is not clear; do you mean COD = Code of Discipline? A union cannot establish a code of discipline; it is for the management to provide the Code of Discipline. When the Conciliation Officer contacts you, you should challenge the jurisdiction of the union to invoke the powers of the CO in this matter. Submit it as a preliminary objection and ask the CO to decide the matter first before entering into the dispute.

Hello, Supervisors/team leaders can form a union; it's permissible by law. However, you can consider having better counseling to form an internal committee instead of a union. This approach will also be treated as a union and will benefit both employees and employers.

When it comes to COD (Charter of Demand)

Carefully review the demands to ensure they align with market trends. If the demands surpass market trends, negotiate using proper benchmarks. Ultimately, aim for a mutual agreement of settlement.

Note:

A. It's not considered as "WORKMEN" as they are supervisors. For workmen, the memorandum of settlement falls under Section 2(p) read with 18(1) of the Industrial Disputes Act 1947.

B. Since supervisors are not covered, you can conduct a wage revision/wage settlement without referencing specific acts. Also, consider using the title "concerned employees" instead of workers/workmen.

Best regards

Definition of "Workman" Under the Industrial Disputes Act

As per the definition of "workman" under the Industrial Disputes Act, supervisors are also considered workmen within certain wage limits. Moreover, mere designation is not sufficient to determine whether a person is a workman or not; it is primarily based on the nature of the job.

Challenging the Workman Status

The employer may raise this question in front of the Certification Officer with proper documents to prove that the nature of the job falls within a managerial or administrative capacity, such as leave sanction, signing of vouchers for payments, etc.

Regards, S K Bandyopadhyay (WB, Howrah) CEO - USD HR Solutions [Phone Number Removed For Privacy-Reasons] [Email Removed For Privacy Reasons] www.usdhrs.in