Trade Union Naren

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    TRADE UNIONS

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    Definition of Trade Unions

    A trade union is an association of employees

    designed, primarily to maintain or improve

    the condition of employment of its members..

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    Features of Trade Unions

    1) The Trade Union may be an Association Either ofthe Employers or Employees or of Independent

    Workers

    2) Trades Unions are Relatively PermanentCombinations of Workers are not Temporary or

    Casual

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    3) A Trade Union is an Association of Workers who

    are Engaged in Securing Economic Benefits for

    their Members

    4) Character of Trade Unions has been Constantly

    Changing

    5) Origin and Growth of Trade Unions have been

    Influenced by a Number of Ideologies

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    Objectives of Trade Unions

    1) Providing Income Security

    2) Maintaining Job Security3) Preserving Physical Security

    4) Providing Social Security

    5) Providing Emotional Security

    6) Procuring Political Prowess

    7) Fostering Industrial Democracy and Equity

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    Reasons for Employees to Join Trade

    Unions

    1) Greater Bargaining Power2) Minimize Discrimination

    3) Sense of Security

    4) Sense of Participation5) Sense of Belongingness

    6) Platform for Self-Expression

    7) Betterment of Relationships

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    Structure-Classification/Types of Trade Unions

    Union Classified According to Purpose

    1) Reformist Unions

    a) Business Unions

    b)Friendly or Uplift Unions

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    2) Revolutionary Unions

    a) Political Unions

    b) Anarchist Unions

    c) Predatory Unions

    * Hold-up Union* Guerrilla Union

    d) Dependent Unions

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    Union Classified on the Basis of Membership

    Structure

    1) Craft Unions

    Advantages of Craft Unions

    a) Craft unions give most stable relationship

    b) They provide needed training though apprenticeship

    c) They have strong bargaining power as they comprise

    of skilled employees

    d) They secure high wages and better benefits to their

    members

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    Disadvantages of Craft Unions

    a) Employer can play one union against another

    and can also break the unions

    b) Craft unions have become irrelevant in the

    modern days due to increasing generality of

    service conditions of all classes of

    employees

    c) These unions keep majority of the workers

    outside the unionism

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    2) General Unions

    3) Industrial Unions

    Advantages of Industrial Unions

    a) They provide a joint facility for collective

    bargaining

    b) They introduced the measure of uniformity inthe principle governing all aspects of service

    and working conditions

    c) They coordinate sectional claims of differentlevels and different natures of employees

    within an industry

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    4) Staff Unions

    Organizations of Trade Unions

    a) National Federations

    b) Federations of Unions

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    Problems of Trade Unions

    1) Outside Political Leadership

    Prevalent in unions due to the following

    reasons

    a) The relative immaturity of the Indian trade

    union movement

    b) Hold of Political parties on the trade

    unionism

    c) Sociological factors like the difference in thesociological background of both workers and

    employers

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    d) Fear of Victimization of the rank and file

    leaders

    e) Illiteracy of the Indian workers and languagedifficulties

    f) Small base of the Indian trade unions and

    their poor financial and organizationalresources

    g) The role of the state and increased prestige of

    politicians

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    2) Multiple Unions

    3) Union Rivalry

    4) Small Size of Union Membership

    5) Poor Financial Position

    6) Inactive Functioning

    7) Victimization

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    8) Other Problems

    a) Illiteracy

    b) Lack of Integrity

    c) Uneven Growth

    d) Heterogeneous Nature of Labor

    e) Lack of Interestf) Absence of Paid Office Bearers

    g) Category Wise Unions

    h) Problems of Trade Union Recognition

    Th i f T d U i

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    Theories of Trade Unions

    1) Revolution Theory

    2) Non-Revolution Theory(Webbs Theory)3) Slitcher Theory

    4) Coles Theory of Union Control of Industry

    5) Commons Environment Theory

    6) Mitchells Economic Protection Theory of

    Trade Unionism

    7) Simons Theory of Monopolistic Anti-7)

    Democratic Trade Unionism

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    8) Perlmans Theory of the Scarcity

    Consciousness of Manual Workers

    9) Tannenaums Theory of Man versusMachine(1951)

    10) Hoxies Theory

    11) Kerr, Dunlop, Harbison and Myers Theory

    12) Gandhi Theory (Sarvodaya Theory)

    F ti f T d U i

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    Functions of Trade Unions

    1) Militant Functions

    a) To achieve higher wages and better workingconditions.

    b) To raise the status of workers as a part of

    industry.

    c) To protect labors against victimization and

    injustice.

    2) F t l F ti

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    2) Fraternal Functions

    a) To take-up welfare measures for improving the

    morale of workers.

    b) To generate self-confidence among workers.

    c) To encourage sincerity and discipline among

    workers.d) To provide opportunities for promotion and

    growth.

    e) To protect women workers againstdiscrimination.

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    3) Social Functions

    a) Welfare Activities

    b) Education

    c) Publication of Periodicals, News Letters,or Magazines

    d) Research

    4) P liti l F ti

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    4) Political Functions

    a) Securing for workers fair wages

    b) Safeguarding security of tenure andimprovement in service conditions

    c) Enlargement of opportunities for promotion

    and trainingd) Improvement of working and living

    conditions

    e) Provision for educational, cultural, andrecreational facilities

    f) P ti f i di id l d ll ti lf

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    f) Promotion of individual and collective welfare

    g) Facilitation of technological advance by

    broadening the understanding of workerswith their industry

    h) Offering responsive cooperation in improvinglevels of production and productivity,

    discipline, and high standard of quality.

    M th d f T d U i

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    Methods of Trade Unions

    1) Mutual Insurance

    2) Collective Bargaining

    3) Legal Enactments

    4) Direct Action

    a) Strike

    b) Other Methods of Withdrawal of Work

    c) Picketing and Boycott

    d) Partial Withdrawal of Worke) Uses of Coercive Methods

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    Advantages of Trade Unions

    1) Protect Workers

    2) Create Spirit of Self-Reliance and SelfRespect among the Workers

    3) Facilitates Negotiation between worker and

    employer4) Maintenance of Wages at a Uniform Level

    5) Helps to Negotiate Productivity Deals

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    Disadvantages of Trade Unions

    1) Misguidance

    2) High Cost and Low Productivity

    3) Coerce of Workers

    4) Unnecessary Inducement of Workers

    5) Insolvency

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    TRADE UNIONS ACT, 1926

    Short Title, Extent & Commencement(Sec 1)

    1) This act may be called the Trade UnionsAct, 1926

    2) It extends to the Whole of India

    3) It shall come into force on such date as the

    Central Govt. by notification in the Official

    Gazette appoint

    Obj ti f T d U i A t

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    Objectives of Trade Unions Act

    1) Conditions governing the registration of

    trade unions

    2) Obligations imposed upon a registered

    trade union

    3) Rights and liabilities of registered trade

    unions

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    Definitions (Sec 2)

    1) Executive (Sec 2(a)): Executive means the

    body, by whatever name called, to whichthe management of the affairs of a trade

    union is entrusted

    2) Officer-Bearer(Sec 2(b)): Office-bearer, inthe case of a trade union, includes any

    member of the executive thereof, but does

    not include an auditor. No one can be

    appointed an office bearer unless he has

    attained the age of 18 years.

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    3) Registered Office (Sec 2(d)): It means that

    office of a trade union, which is registered

    under this Act as the head office thereof

    4) Registered Trade Union(Sec 2(e)): It

    means a trade union registered under thisAct.

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    Registrar(Sec 2(f)):

    1) A Registrar of Trade Unions appointed by

    the appropriate Govt. under sec. 3, andincludes any Additional or Deputy

    Registrar of Trade Unions, and

    2) In relation to any trade union, the Registrarappointed for the State in which the head

    or registered office, as the case may be, of

    the trade union is situated

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    Definitions (Sec 2)

    1) Executive (Sec 2(a)): Executive means the

    body, by whatever name called, to whichthe management of the affairs of a trade

    union is entrusted

    2) Officer-Bearer(Sec 2(b)): Office-bearer, inthe case of a trade union, includes any

    member of the executive thereof, but does

    not include an auditor. No one can be

    appointed an office bearer unless he has

    attained the age of 18 years.

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    3) Registered Office (Sec 2(d)): It means that

    office of a trade union, which is registered

    under this Act as the head office thereof

    4) Registered Trade Union(Sec 2(e)): Itmeans a trade union registered under

    this Act.

    D fi i i (S 2)

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    Definitions (Sec 2)

    1) Executive (Sec 2(a)): Executive means the

    body, by whatever name called, to whichthe management of the affairs of a trade

    union is entrusted

    2) Officer-Bearer(Sec 2(b)): Office-bearer, inthe case of a trade union, includes any

    member of the executive thereof, but does

    not include an auditor. No one can be

    appointed an office bearer unless he has

    attained the age of 18 years.

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    3) Registered Office (Sec 2(d)): It means that

    office of a trade union, which is registered

    under this Act as the head office thereof

    4) Registered Trade Union(Sec 2(e)): It

    means a trade union registered under thisAct.

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    5) Registrar(Sec 2(f)):

    a) A Registrar of Trade Unions appointed

    by the appropriate Govt. under sec. 3,and includes any Additional or Deputy

    Registrar of Trade Unions, and

    b) In relation to any trade union, theRegistrar appointed for the State in

    which the head or registered office, as

    the case may be, of the trade union issituated

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    6) Trade Dispute(Sec 2(g)): It means any

    dispute between employers and workmen,or between workmen and workmen, or

    between employers and employers, which

    is connected with the employment or non-

    employment, or the terms of employment,

    or the conditions of labor, of any person.

    7) Trade Union (Sec2(h)):According to sec 2(h)

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    7) Trade Union (Sec2(h)):According to sec 2(h)

    of the Indian Trade Unions Act, 1926, Trade

    Union means any combination whether

    temporary or permanent, formed primarilyfor the purpose of regulating the relations

    between workmen and employers or

    between workmen and workmen or betweenemployers and employers or for imposing

    restrictive conditions on the conduct of any

    trade or business, and includes any

    federation of two or more Trade Unions;

    provided that this Act shall not affect:

    ) A t b t t t

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    a) Any agreement between partners as to

    their own business

    b) Any agreement between an employer and

    those employed by him as to such

    employment

    c) Any agreement in consideration of the sale

    of the goodwill of a business or instruction

    in any profession, trade or handicraft

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    Registration of Trade Unions

    1) Appointment of Registrars(Sec. 3)

    2) Mode of Registration (Sec. 4)

    a) Application for Registration

    b) Applicants Ceasing to be Members orDissociating not to Affect Application

    unless their Number is More than Half

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    3) Application for Registration to

    Registrar(Sec. 5)

    4) Registration (Sec. 8)

    5) Registration Certificate (Sec. 9)

    6) Cancellation of Registration (Sec. 10)

    a) On the Application of Trade Union

    b) At the Will of the Registrar

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    7) Appeal (Sec. 11)

    8) Registered Office (Sec. 12)

    9) Incorporation of Registered Trade Unions

    (Sec. 13)

    10) Certain Acts not to Apply to Registered

    Trade Unions (Sec. 14)

    Rights and Liabilities of Registered Trade

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    Rights and Liabilities of Registered Trade

    Unions

    1) Objectives on which General Funds may

    be Spent(Sec.15)

    2) Constitution of a Separate Fund for

    Political Purpose (Sec.16)

    3) Right to Inspect Books of Trade

    Union(Sec.20)

    4) Disqualification of Office-Bearers of TradeUnion(Sec.21A)

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    5) Dissolution of Trade Union(Sec.27)

    6)Returns (Sec.28)

    7) Penalties and Procedure

    a) Failure to Submit Returns(Sec.31)

    b) Supplying False Information RegardingTrade Union(Sec.32)

    c) Cognizance of Offence(Sec.33)

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    MANAGEMENT OF TRADE UNIONS IN INDIA

    1) Trade Union Constitution

    2) Essential Elements of a Union

    a) Preamble

    b) Name

    c) Declaration of principles

    d) Membership

    e) Rights and obligation of members

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    e) Rights and obligation of members

    f) General assembly/delegates conference;

    election at all levels

    g) Duties and responsibilities of officials

    h) Executive committee

    i) Standing committee

    j) Meeting rulesk) Finance/funds

    l) Collection of dues

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    m) Auditing

    n) Allowances

    0) Benefits to members1) Scholarships

    2) Fellowships

    3) Strike funds

    4) Death benefits

    5) Procedure for winding up, if desired

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    3) Effective Trade Union

    a) Enroll all workers in the concernedbranch/establishment and is thus

    representative of the target group of

    workers