Recognition by Agreement is Given in Section of Trade Union Act: A Comprehensive Guide
The Trade Union Act, 1926, governs the recognition of trade unions in India. The Act provides for the formation and registration of trade unions, as well as the recognition of unions by employers. This recognition grants trade unions the right to represent workers in negotiations with management and participate in collective bargaining.
Section 2 (h) of the Act defines a trade union as “any combination of persons, whether temporary or permanent, primarily for the purpose of regulating the relations between workers and employers, or between workers for imposing restrictive conditions on the conduct of any trade or business.” A union can only be registered if it consists of at least ten members.
Section 28 of the Act deals with the recognition of trade unions by employers. An employer must recognize a union if the majority of workers in a particular industry or establishment are members of that union. Once a union is recognized, it is entitled to represent workers in collective bargaining negotiations with management.
Recognition by agreement is granted in Section 29 of the Act. This section allows a union to apply for recognition to an employer. If the employer agrees to recognize the union, the two parties sign a written agreement. The agreement should include the following provisions:
• The name of the union being recognized
• The name of the employer recognizing the union
• The scope of the recognition (which workers the union represents)
• The duration of the agreement
• The procedure for resolving any disputes between the union and the employer
• Any other terms that the union and employer agree to include
Once the agreement is signed, it is binding on both parties. The recognition of a union by agreement provides a more formal and structured framework for collective bargaining negotiations. This ensures that both parties are clear on their rights and responsibilities.
However, Section 29 also allows employers to refuse recognition. An employer can refuse recognition if they believe that more than one union is operating in the establishment, and they want a secret ballot to determine which union has the support of the majority of workers. The employer can also refuse recognition if they believe the union is not independent of management or if they believe the union has engaged in unfair labor practices.
In conclusion, Section 29 provides a framework for the recognition of trade unions by agreement. This recognition grants trade unions the right to represent workers in collective bargaining negotiations with management. However, employers can refuse recognition under certain circumstances. It is essential for trade unions to understand the provisions of the Trade Union Act and be aware of their rights and responsibilities when negotiating with employers.