Trade Union & Collective Bargaining Simplification: Why, What, Where and How
Keywords:
Collective bargaining, negotiation, conciliation, industrial democracy, arbitrationAbstract
The term “collective bargaining” could be better understood as negotiation. It is basically a procedure via which employment concerning disputes are resolved peacefully & voluntarily by coming to the terms of settlements between labour unions and managements. It also helps workers to accomplish the industrial democracy. This is implemented at various levels, from the craft- level to the national level. The collective bargaining process in the Indian industry started in the second half of the 19th century and gained legislative recognition in the first half of the 20th century. The instant paper would discuss the concept of collective bargaining in general and would also answer the questions like when, how,why & what. The instant paper aims to simplify the concept of trade union & collective bargaining so that the readers get an easy & better understanding of the concept.Some landmark cases would also be taken into accout to give a better insights of the concept.
References
1. http://mospi.nic.in/Mospi_New/upload/SYB2014/CH-41-TRADE%20UNIONS/Trade%20 Unions.pdf.
2. In this method, a third party provides assistance with a view to help the parties to reach an agreement. The conciliator brings the rival parties together and discusses with them their differences and assists them in finding out solution to their problems. Conciliation may be voluntary or compulsory: It is voluntary if the parties are free to make use of the same, while it is compulsory when the parties have to participate irrespective of whether they desire to do so or not.(See Secs. 4 & 5 of the Industrial Disputes Act, 1947)
3. Like conciliation, in mediation, a third party provides assistance with a vi ew to help the parties to reach an agreement. But unlike conciliator, mediator is more actively involved while assisting the parties to find an amicable settlement. Sometimes he submits his own proposals for settlement of their disputes.
4. The resort to arbitration procedure may be compulsory or arbitrary. Compulsory arbitration is the submission of disputes to arbitration without consent or agreement of the parties involved in the dispute and the award given by the arbitrator being binding on the parties to the dispute. On the other hand, in case of voluntary arbitration, the dispute can be referred for arbitration only if the parties agree to the same.
5. United Nations General Assembly (1948). “Article 23”. Universal Declaration of Human Rights. Paris. Retrieved on 29 August 2007. Article 23 of the Universal Declaration of Human Rights identifies the ability to organise trade unions as a fundamental human right. Further, Item 2(a) of the International Labour Organization ’s Declaration on Fundamental Principles and Rights at Work defines the “freedom of association and the effective recognition of the right to collective bargaining” as an essential right of workers. (International Labor Organization (1998). Declaration on Fundamental Principles and Rights at Work. 86th Session: Geneva.
6. 2007 SCC 27.
7. See footnote no.1
8. Vikram Shroff and Akshay Bhargav, Trade Unions Act and State Laws Provide Legal Protections to Trade Unions in India, SHRM Legal Report, March 2010
9. See footnote no. 1
10. Sydney and Beatrice, Industrial Democracy (1987).
11. Encyclopaedia of Social Sciences, Vol. 3, p. 628.
12. International Labour Office, Collective Bargaining (A Worker’s Education Manual) (1960), p.3.
13. Teller, Labour Disputes and Collective Bargaining, Vol. 1, p. 476.
14. (1989)4 SCC 448.
15. Collective Bargaining in Industrialised Market Economics, A Reappraisal, J.P. Windmuller et al, ILO, Geneva,
16. Livemint, “SC upholds Majithia wage b oard recommendations ” 7 Feb 2014, online: http://www.livemint.com/Consumer/PMBDNjXi6e2ovpvss2SQoN/SC-upholds-validity-of- Majithia-wage-board.html.
17. Thomas Kochan et al. “Employment Relations in the Growing Asian Economies ” online: <http://books.google.co.in/books?id=K5MLn6k9N50C&pg=RA2-PT150&lpg=RA2PT150& dq=industry+cum+regional+bargaining+india&source=bl&ots=nmZADkoE_7&sig=05EloHLJ4s gNgGOmgT5Tw4c40&hl=en&sa=X&ei=fZNoU_K8Oszk8AWM7YK4BA&ved=0CCkQ6AEw AA#v=onepage&q=industry%20cum%20regional%20bargaining%20india&f=false>.
18. Ratna Sen, Industrial Relation in India, Shifting paradigm, Macmillan, 2003.
19. N.W. Chamberlain and J.W. Kuhn, Collective Bargaining, 2nd Ed., McGraw Hill; 1951.
20. “settlement” means a settlement arrived at in the course of conciliation proceeding and includes a written agreement between the employer and workmen arrived at otherwise than in the course of conciliation proceeding where such agreement has been signed by the parties thereto in such manner as may be prescribed and a copy thereof has bee n sent to an officer authorised in this behalf by the appropriate Government and the conciliation officer” (Section 2(p)).
21. The Preamble of the Act state as follows: “An Act to provide for the registration of Trade Unions and in certain respects to define the law relating to registered Trade Unions”.
22. 1 L.L.J. 1951 (SC).
23. The Preamble of the Act state: “An Act to require employers in industrial establishments formally to define conditions of employment under them ”. All persons shall have the right to form associations and unions……….” {Article 19(1)(c)}.
24. Article 43-A inserted by 42nd Amendment to the Constitution provides that the State shall take steps by suitable legislation or in any other way, to secure the participation of workers in the management of undertakings, establishments or other organisations engaged in any industry.
25. [2010(124) FLR386].
26. AIR 1962 SC 171.
27. [1998] 1 SCC 650.
