Unrecognized Union Notices: How Can I Address Their Charter of Demands?

We have three workers and three drivers who have taken general union membership affiliated with AIUTUC. However, our company does not recognize this union. Despite this, the union continues to send notices regarding the charter of demands and other matters to the company.

How can I clarify that these notices are not eligible for consideration under an unrecognized union?

Handling Notices from an Unrecognized Union Regarding Charter of Demands
When dealing with a Charter of Demand (CoD) from an unrecognized union, it is essential to follow a structured HR and legal approach to ensure compliance while protecting the company's interests.

📌 Step-by-Step Approach to Handle the Situation

1️⃣ Understand Union Recognition & Legal Standing
🔹 In India, under the Industrial Disputes Act, 1947, workers have the right to form and join unions, but employers are not obligated to recognize a union unless:
✅ It meets the legal criteria for recognition (majority representation in the workforce).
✅ It is recognized through a formal agreement or bipartite settlement.
🔹 AIUTUC (All India United Trade Union Centre) is a national trade union, but mere affiliation does not grant recognition.

2️⃣ Legality of the Charter of Demand from an Unrecognized Union
✅ An unrecognized union can submit a Charter of Demands (CoD), but the employer is not legally bound to negotiate unless:
The union represents a majority of workers in the organization.
It is a registered trade union under the Trade Unions Act, 1926 and has a formal bargaining status.
✅ If the union does not meet these criteria, the company can decline engagement with proper justification.

3️⃣ Drafting a Response to the Union Notices
🔹 Send a formal reply stating:
✅ The company does not recognize the union under applicable labor laws.
✅ Only recognized unions or direct employee representation will be considered for negotiations.
✅ Any grievances must be routed through internal grievance mechanisms or a legally designated workers' representative.

🔹 If pressure persists, consult a labor lawyer and engage with the Labor Commissioner's Office for clarity.

📌 How to Protect the Company from Future Union Claims?
✔ Establish an Employee Grievance Redressal System - Ensure employees can directly raise issues without union intervention.
✔ Communicate Policy on Union Recognition - Issue a formal company policy on union engagement eligibility.
✔ Legal Preparedness - Keep documentation of employee agreements, HR policies, and - internal dispute resolution mechanisms ready.
✔ Proactive Employee Engagement - Strengthen employee satisfaction to prevent union influence over small workforce groups.

📌 Final HR Recommendation
🚀 You are NOT obligated to consider notices from an unrecognized union. However, handling this diplomatically and legally will avoid escalation.

Although the employer has the right not to engage with an unrecognized union in collective bargaining, it is settled law that even an unrecognized union or a minority union can raise an industrial dispute for the workmen of that establishment. Therefore, insisting that an unrecognized union's charter of demands cannot be considered is not in the interest of maintaining industrial peace.

Hi,

First, we need to know how many workers are totally working in the company. You have mentioned that three workers and three drivers have joined a rival union and are sending letters to the management. Your response to the situation could be as follows:

a) You can ignore those letters, and even if you have received them, do not respond to those letters.

b) If you have the majority of workers in the recognized union, you need not worry about that.

c) You can adapt a certain strategy to put pressure on those six workers by taking proper disciplinary actions. Never initiate action on false or fabricated charges because you will be in trouble at any point and will lose the trust amongst the workers.

d) You can try to talk to them by explaining the negative points of joining the rival union.

e) You can also put some amount of pressure through known sources on those six persons to stay away from the rival union. If they are found in any misconduct, you can initiate appropriate disciplinary action.

f) You need not engage them in LTS or any other negotiation.

g) You can meet the Conciliation Officer in person and explain the situation well in advance and bring him into confidence.

h) Contact the person through whom those workers joined the company and try to put pressure on those workers who do not fall in line.

In my opinion, you need not worry too much about this and appraise the management from time to time on the developments at a periodic interval.

Regards,