Industrial Labour

These functions are carried out by the trade unions for the welfare of their employees which includes:

a.) Measures to boost up the workers' morale

b.) Foster self confidence

c.) Develop sincerity and discipline

d.) Protection to women workers against discrimination

If one party does not respond to a notice to bargain, or appears not to be bargaining in good faith, the other party may file a complaint with the Minister. The Minister may then refer the complaint to the Labour and Employment Board.

The Board shall inquire into the complaint and determine whether to dismiss the complaint or order compliance with the requirement to bargain in good faith. One of the parties or both may also apply to the Minister for the appointment of a conciliation officer.

An arbitrator or an arbitration board shall proceed with and complete the arbitration as expeditiously as possible, having regard to the interests of the parties, and shall render an award within 3 months after the date of appointment of an arbitrator or arbitration board. The time for making the award may be extended by the parties. Whether the time for making the award has expired will not invalidate an award.

No, just because a majority votes in favour of a strike or lock-out, the bargaining agent or employers' organization is not obligated to declare a strike or lock-out.

The three factors that Dunlop's theory advices to consider while analysing management-labour relationship are:

✿ Environmental factors - Socio-political, technological, legal.

✿ Characteristic and interaction of key parties - employee, employer, government

✿ Rules obtained from the interactions that govern the employment relationship

Also termed as co-operative bargaining, this form of bargaining is for overall improvement in the working of the organization. No party looses here, so, the level of co-operation is more.

☛ Trade unions are formed to protect their members from the exploitation by their employers.

☛ They negotiate with the management the issues affecting the employees working in the organization.

☛ They intervene in the decisions which affect the workers directly like transfer, lay off etc.

Some of the central trade unions in India are:

i.) AITUC - All India Trade Union Congress

ii.) BMS - Bhartiya Mazdoor Sangh

iii.) CITU - Centre of Indian Trade Unions

iv.) HMKP - Hind Mazdoor Kisan Panchayat

v.) HMS - Hind Mazdoor Sabha

vi.) IFFTU - Indian Federation of Free Trade Unions

vii.) INTUC - Indian National Trade Union Congress

viii.) NFITU - National Front of Indian Trade Unions

ix.) NLO - National Labour Organization

x.) TUCC - Trade Unions Co-ordination Centre

xi.) UTUC - United Trade Union Congress

xii.) UTUC - LS - United Trade Union Congress

Following are the benefits of having an effective IR system in place:

☛ Continuous production

☛ Continuous employment for all

☛ Smooth flow of income for workers and businessman

☛ Lesser number of disputes between employees and employers like strikes, lock outs, grievances etc.

☛ Higher level of motivation in the employees as they consider themselves to be a part of the organization

☛ Less wastage of time, man, machine and material

☛ Lesser cost of production

☛ Optimum utilization of resources leading to higher profits for employers and employees

☛ Economic growth of the society

Written notice, at least 24 hours in advance, must be given by a trade union or an employer before a lawful strike or lock-out can take place.

No strike or lock-out vote may be held until 9 days have elapsed (7 day waiting period plus 2 day mailing period) after the Minister has decided not to appoint a conciliation officer or a conciliation board.

Once notice has been given to commence collective bargaining, whether or not actual bargaining has taken place, either party may ask the Minister to appoint a conciliator or mediation officer to assist in the conclusion of an agreement. The request must be accompanied by a statement of difficulties encountered by the parties in negotiations to date.

In such a case, the employee or trade union may file a complaint, referred to as a grievance, with their employer.

Yes, a strike or lock-out vote taken by secret ballot must precede any strike or lock-out action. All employees in the bargaining unit are entitled to vote, and a majority must vote in favour in order for the declaration of a strike or lock-out to be made. A lock-out vote is only necessary where an employers' organization is involved.

A vote to ratify the employer's offer under the proposed collective agreement and a strike vote may be combined together on a single ballot.

The basic implications of this approach are:

☛ Union recognition is encouraged.

☛ Calls for an independent external arbitrator for resolution of conflicts.

☛ It calls for collective agreements to be negotiated with the trade unions

☛ Calls for appointment of IR specialists to advise managers in staffing and matters related to trade unions.

Importance of collective bargaining to employers:

☛ It's easier for management to deal with group issues rather than individual issues

☛ It leads to an increase in the level of trust among employees and employers benefiting the overall business

☛ Reduces absenteeism and labour turnover which increase productivity and reduces the cost and wastage

☛ It helps in settling the issues at an initial level before they turn into disputes

Once notice to bargain has been given, unless the parties otherwise agree, wage rates, benefits, working conditions, and other rights must remain the same until a collective agreement has been concluded or the parties are in a strike or lock-out position.