MULTI UNIONS FILING CHARTER OF DEMANDS AT A TIME WITH DIFFRENET COD

Can two unions at a time submit two separate charters of demands to the management of the same company? We heard that at one pharmaceutical company, two unions have submitted separate charters of demands. A union has submitted cod with a reasonable hike, whereas B union has submitted cod with a very high hike. The management wishes to negotiate with a union, as their demand is quite reasonable. Will it be valid? Can someone share any case laws or an article related to this about how the management can proceed, which is legal?

In such a scenario you will have to recognise one union as the sole bargaining agent. In some states the process of recognising trade unions is outlined by separate enactment. Please note that the Industrial Disputes Act does not provide for recognising trade union. Only a few states like Kerala, MP, Maharashtra, West Bengal and orissa have passed legislation for recognising trade unions. In other places the general codes of conduct in this direction as outlined by ILO shall be followed. As such union having more than 50% of workers as members shall be recognised as sole bargaining agent. For this you will have to conduct a referendum with the help of the Labour Officer. Once a Union is identified as Sole Bargaining agent, you can negotiate with that union.

Thanks, Mr. Madhu for your swift reply. Here the strength has been equally shared by the two unions. In such cases, I do feel that the management must approach the labour department and take their advice. What is your comment on this.

Yes, when there is no consensus between the unions and in the absence of a common charter of demands, t is always desirable to keep the conciliation officer also in the negotiation. Please approach the labour Officer

Any, related caselaw or article if available, please someone share with us.

There are a number of cases held on similar situations. I am not able to pin any single one right now. You can get it using google platform itself. Please try it.

To determine bargaining agent, it will be required to conduct election and that is also not very easy process. My personal suggestion is let Management prepare its COD as Business Need and call both the union separately for negotiation at the initial stage - one or two meetings maximum. Then tell them to sit jointly. If they agree it is well and good otherwise put the ball to labor directorate who will call meeting with both the unions and management.

Discussion will continue at labor directorate to arrive at amicable solution. I have personally done this process with GKW, Philips, EKO Diagnostic etc.( even in some places more than 2 unions) several times and it was successful.

S K Bandyopadhyay ( WB, Howrah)
CEO-USD HR Solutions
+91 98310 81531
skb@usdhrs.in

Thank you very much for your valuable inputs.